The Jeffersonian Democrat. [volume] (Chardon, Ohio) 1854-1865, 1864-02-05
Gen. Garfield on Confscation.

that the total number will reach a million
Gen, Garfield on Confscation.
Gen. Garfield has, thus early in hi
Congressional career, greatly distinguished
himselfby the earnestness and ability will
which be has advocated the total conGs.
cation Of rebel property. On the l4tl
ull., the resolution explanatory OF th,
Con6scalion Act, declaring the forfeitur,
OF rebel estates TO be in fee simple, and no
for lille merely, was under consideration
in the House. Mr.. Cox opposed c%oniisca
ton an toto, taking the genuine Copperheat
ground, which. Invested Of all unneces
sary verbiage, is nothing more or les.
than this that to be a traitor TO one.
country does not and should not deprive
a man. provided he be a stakeholder, oil
any rights which the Constitution guaran.
tees TO loyal citizens. He, Of course.
urged Cancellation, and was Mortified a
the idea Of exasperating the rebels by un.
friendly legislation. His remarks brought
Gen. Garfield to his feet, and the follow.
ing colloquy onsued
Mr.. GARFIELD. l wish 10 ask my
colleague a question, not with any f%ac'iouc
purpose. nor with any design to prevent
a calm discussion of so important a ques.
ton as this. | am sorry that this dis.
cussion has assumed a somewhat partisan
character. 1t ought not to have that
character at all, and so far as | am con.
cerned it shall not. ! wish to ask my
colleague a practical rather than a lega'
question. ! wish 10 know whether The
objection he raises TO this bill is not Itself
obnoxious to this objection /; we punish
men for civil and for criminal o~ffenses,
great and small, in all the higher and
lower courts of the country, By taking
their property from them, SO that their
children can never have the benefit of il
after the parents death. Now, while we
do this constantly in our courts by civil
and criminal process, does not my col,
league propose 10 make nm exemption in
favor OF the crime treason . Why should
not the children o(traitors suffer the same
kind Of loss and inconvenience rs the
children of thieves and of other felons do!
l ask the gentleman whether his position
does not involve this great a"bsurdi'y and
injustice ?
Mr.. COX. / will say to my colleague
that, as he knows very well, in crimina'
procedures we do not at once by execa.
ton reach the real estate. But my col,
league cannot withdraw me from my con.
stitutionai position as 10 this bill. All
propose TO do IN opposing this bill is 10
stand by the Constitution, and TO stand by
it all the time, regardless of consequences;
and will ask my distinguished colleague
how he reads that clause OF the conslitu-
ton under debate. Does he believe in
the construction which has been given to
j! by the gentleman from Indiana? Mr..
Orth. Does he believe that he can con.
stitutionally take a traitors property for
ever, or only during his lie ? Does he
read the Constitution in opposition 20
Judge Story and TO Judge Curtis? Would
he set aside the construction given TO ii
by the law OF 1890? Or would he, dare
he, with his oath upon him, now break
TIE Constitution by voting for this meas,
ure, IN order to get absolute title TO the
lands Of those in revolt? Would he, &c
aggravate the punishment Of the traitor,
or TO punish The innocent children Of the
rebels, break the Constitution ?
Mr.. GARFIELD. l would not break
the Constitution for any such purpose
Mr.. COX. | am very glad to hear that
Mr.. GARFIELD. | would not break
the Constitution at all unless it should be.
come necessary TO overlap its barriers &c
save the Government and the Union. Blu
j do not see that in this bill we do break
the Constitution. II the gentleman car
show me that il violates the Constitution
] will vote against it with him, even tho
every member Of my party votes for it
shat makes no difference to me. | will
say. however, that had supposed tina
the intention of that clause of the Consti
tuition was TO prevent the punishment o
treason when an individual was declared
guilty OF it after his death. | had sup
posed that that WAS the purpose OF it
and, II so, II seems 10 me that This bill i
not obnoxious 10 the objection which tn,
gentleman raises TO il.
On the 28th ult.. Gen. Garfield mad,
an hours speech ia the House, on III
subject Of cop6scation, in which he ut
terly extinguished the logic Of such specir
pleaders for treason as Nj. Cox. Iii re
ceiving the highest encomiums of III
loyal press. and the reception |, met in III
House may be inferred from the fact tina
Immediately after its delivery, 25. 90
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