The Jeffersonian Democrat. [volume] (Chardon, Ohio) 1854-1865, 1864-02-12

House. l will only say that 10 passing that
he Supreme Court has never decided that
ho clause of the Constitution islating TO
treason prohibits forfeiture boy yond tho life
limo Of persons attained. No man In this |
House has brought decision Of the Su.
promo Court giving tho rendering to the
Constitution which those ecntlemon on the |
other side Of tho Chamber have given TO it.
They can claim no more than that the qucs-
ton is res non aGjudicdfa. The arguments
We bavo heard nro sufficient evidence to me,
Mt least.that tho tramels of our Constitution
inteuded that Congress sho'd deGne treason,
md provide for lis punishment but the
rule of tho English common law which per.
mitted attainder, corruption OF blood, and
forfeiture, after tho death of tho attained,
should not prevail in this country. To mo
the clause carries an absurdity on its face,
II it be interpreted to mean that treason,
tho highest crime known TO law, shall bo
punished with less severity, so far as 1t re-
CARDS the estate of tho criminal, than any
other crime or misdemeanor whatsoever.--
But. as before said, tho prosont law of
coufiscatlon is based on the rights of bolig.
orents under tho laws of war;
The gentlemen from New York [Mr. Fer.
nando Wood fow days since, in his ad-
dress to the House, gave US history of the
rcbcllious which bad occurred in this coun-
try. l wish to call his attention to another
rebellion in this country which ho did not
notice, and in which tho question of confs-
cation was very fully nnd vory practically
discussed. This fact has NOT, belieye,
been brought to tho attention of tho House.
Do gentlemen forgot that this Union had
its origin,in revolution, and that coufscation
played a very important part in the war OF
that Revolution II was q civil war and
tho colonies woro far moro equally divided
in reference to tho question Of loyalty and
independence than tho Satos of tho South
now are on tho question of to-day. Many
of tho thirteen colonies bad almost equal
parties for and against England in tha,
struggle. To Now York the parties wero OF
nearly equal strength. Iu South Carolina
it is claimed that ihero were moro Royal
lists than Wings. Twenty thousand Ameri.
can royios appeared in tho armies against Us
in the revolutionary struggle. Thirty rcei
monts of them held their places in tho Brit.
ish line.
Our fathers had to deal with those meu
and with their estates. How did they solv,
the problem | have looked into tho history
and find it full of instruction. Every ono Of
the thirteon colonies. with single cxcop
tion, conhscatCd tho real aud personal prop
erty of every Tory in alma. They did i.
too, by tho recommendation of Congress
Not only so, but they drove Tory sympa
thzers from tho country; they would
not permit them to remain upon American
soil Examine tho statutes of every colony
excep. OF New Hampshire, which the lido Of
battle mover ronched, and you will find con
fscalion laws of the most thorough and
sweeping character. When our commits
sioners were negotiating the treaty OF peace
the last matter of difference and discussion
was that of coniiscatcd property.
The British commissioners urged the res
toration of confscated estates, but Jay an(
Franklin and their colleagues defended tb,
right of confiscatiou with great ability, aut
refused to sign tho treaty at all il that wa
to DO q condition. While these negotiation
wore pending, tho colonies momorializet
| Congress to guard against any concession
on the point in dispute. On tho 18th dn,
Of December, 1852, tho Legislature passet
the following resolution:
"Ihat the laws OF this State copfscatinl
property held under the laws of tho formo
Government (Which had been dissolved apC
mado vcid) by those who have never bee,
| uNullttN IuND pftetut oUClul CUnpuC'
buiDg founded on legal principles wor
strongly dictated by that principle o
common justice. demand that, IT virtuou
citizens, in defense of their natural an
constitutional rights, risk their life, lib
orty. and property on their success. th
vicious citizens who side with tyranny an
oppression, or who cloak themselves undo
tho muhk of neutrality, should at least hs7
; al All; MD nuiov m
benefits procured by tho labors and danger
Of those whose distractions they wished.
THAT all demands or requests of III
British Court for the restitution of proper
ty conGsca.od by this State, being nothe
supported by law, equity, or policy, ar
wholly inadmssible, and that our Delegate
in Congress DO instructed to move Congrei
that they may direct their deputies, VIII
shall represent these States in tho Goneri
J Congress for adjusting peace or true
, neither to agree TO any such restitution {
} submit that tho laws mado by any indepent
ent State of this Union bo subjected to tn
adjudication Of any power or powers Q
earth"
This resolution was pnssed ulanimou
| IL by tho Legislature of Virginia. Simili
J resolutions wore passed by other State
!. aud our commissioners were instructed
Congress to admit no conditions whit
o would compel the restoration of confscat,
t estates. The commissioners compromise
d at last on tho fifth article of tho treaty
0 peace as it now stands recorded, which pr
yides That Congress shall recommend to Il
0 several colonies to restore contiscatod pro
!. erty but it was well understood by bo
j parties that it would not be done. CoDgro
passed the resolution of recommo ondati,
# as matter of form but no State compile
IS nor was it expected. 1t was, however, pr
n yidod that no further confscatioDs shou
}. be made, aud that Tories should be pe
}. mitted to remain in America twelve mont
1t after the treaty. . b.
it Mr.. Jefferson, when Secretary of Sta
\. in l792. and writing upon that subject, be
n tho following language to the British &C
n ernment through its minister aud / wi
ir my colleague [Mr. Finckl who last occupi
n. the floor to notice this extract 40 far as
es relates to tho rights of belligerents:
10 "SEC. 8. 1t cannot bo denied that I
- state of war strictly permits nation
oy seize the property Of its enomios found vii
I'd in its own limits. or taken in war, and
Of whatever form it exists, whether In acti
i'll or possession. This is SO perspicuously II
ch down by ono of the most respectable "
I'D ters on subjects of this kind, that sh
use his words; 'Sinco it Is q condition
,s. war that enemies may be deprived of
is their rights, II is reasonable that everythi
n a..