Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1864-01-24


I: told the House the. other day that he pre-
ferred his own instincts to DIR. Lieber'
> reason. He argued the other day that h,
would rather trust his own instincts of lib
erty than the authority of the war codifler
We have had too much legislation "upor
instinct" Think at the time DIR. Liebel
/ wrote the volume from which was about
: to quote, that he was looking at the spirit
of the law with that large roundabout COM
nonsense view which student of Mon
tesquieu might well take; and with that en-
larged observation he tells us:
The true protection Of individual property demands
likewise the exclusion Of conhscation For although
confsoation punishment is TO be rejected on ac
count of the underlined character Of the punishment
depending not upon itself but upon the fact whether
IL Is likewise inadmissible the ground that indi-
vidual property implies individual transmission
not be wholly unjust to deprive an individual Of his
property, as punishment for certain crimes, " tqe
iootld ao,o II to pass 70 Ats heirs. We do it fact
the regular prison discipline disallowing him any
iust o dsprioe 1is oailrsa or ot.r hsirs ersae t
feet eehich coafscattoa Of property has often pro
duced; upon Gooe,nDtents. 81
The English attainder and corruption Of blood, so
far as it affects property hostile TO this great prin-
cipe of the utmost protection Of individual property
and has come down to the present times from aperod
qspT % bGe
is distinctly abolished by our Constitution.-D
Lis6er on 0ica liberty, vol. /, p. lao. IiiT
What does the learned publicist mean by
the s'appetizing effect of confiscation upon
Governments" Did his prescient mind
take in the adjudications of Judge Under
wood? Did he look forward to the auction
at Alexandria? Did he see town lots and
/ Arlington heights under the hammer? And
| I, ho,, ctot
produced, and what an appetizing effect the
fee simple would have producedY Has the
learned doctor struck, in his comprehensive
reasoning, the motive for this bill? l charge
that the object of this bill is to make case
| in the courts if possible, whereby some
judge like Underwood, by corrupt, unjust
and dishonest decision, may overturn the
organic law to give quasi absolute title,
and thus place the burden on the heirs here
after of contesting for their rights, and by
harassing and expressing the innocent and
helpless, gain that possession which pro-
verbally is nine points of the law in favor
of its continuance. 1t may well be asked
by, a considerate legislator, how long will
the innocent heirs remain out of their prop
erty, if they must sue and await the decis-
ion of the question in the courts? Shall 1t
be until they attain their majority, or when?
After the property has been once taken,
there will, fear, be but little remedy in the
courts, for the judiciary itself may be the
next Department. to cover before tho behests
of power and the military necessity of
the hour. "a
Mr.. Speaker, am opposed to this bill, be-
cause have CLEANED from history pro-
found distrust of all such measures as that
of confscation as a means of restoring al
legiance and order. 1t is the system of re-
venge. 1t is hate enacted into law. 1t will
not and cannot come to good. 1t is un-
christian. Indeed, any system which does
not restore good will and kindness between
the two sections, and especially if it robs
the coming generation, will only tend to.
perpetuate with the children the hatewhich
we might hope would 'evanish with time.
Such system is the very wantonness and
excess of tyranny. 1t always has in it a
self-punishing and corrective power. 1t
carries Nemesis with it as inexorable as
fate. The history of Poland, Venetia, and
Ireland should make us pause. Do we in
deed desire to restore our Union? Do we
desire to keep our plight to- the .Constitu-
ton? Do we crave in our hearts the return
of that happier time when our public order
Freposed securely in the hearts of the people
and in reverence for the Constitution? If
we do, let us rather repeal our former harsh
and vindictive legislation and not enact
other and harsher penalties; and if war
must needs 60 on, if blood, blood, blood
must still flow, and force must still be used
against those who were once our brethren
in the same nationality, then, let us add to
that force at every moment of decided sue
cess to- our arms, at every pause in the
dread conflict, the benignant policy of con-
ciliation. 4
Mr.. Kelley--Will the gentleman from
Ohio permit me to ask him the reference Of
his quotation from DR.. Lieber?
Mr.. Cox-I will give it to the gentleman.
Mr.. Kelley-I do not know whether his
quotation is a correct one, for the doctor
has protested that the gentleman has always
misquoted him, and charged him with en-
tertaining opinions the reverse of what his
opinions really are.
Mr.. Cox-The gentleman from Pennsyl-
vania, when he says have misquoted DIR.
Lieber, can not be correct, for have not
pretended to quote him until to-day. / said
The other day that he was opposed to the
unrepublican scheme OF conscription. L
have the authority, and will produce it at
the, proper time. gla9's 4
Mr.. Kelley--If the gentleman will permit
me would like to have the doctor himself
speak upon this subject. j hold in my hand
a note from the doctor, Of the date of De-
cember 6, 1863. u
Mr.. Cox--The gentleman from Pennsyl-
vania is not quite as logical as could wish.
l do not propose now to discuss the con-
scription bill. 1 will pay my respects here
after to the gentleman on that subject. u
Mr.. Kelley-I would rather the question
be between the gentleman from Ohio and
the gentleman he quotes as authority than
between the gentleman and myself.
Mr.. Cox--I should feel it much greater
honor if it were so. Laughter.]
/ was about to conclude by one general
observation. The members upon this side
of the House have not made, and do not in
tend to make, any factious opposition to
this Administration. We intend to sustain
it to the fullest extent of our ability in ev-
cry legal way which it may mark out-in
every way possible by which we can restore
the old order of things in this country
Our views do not always agree with your
views as to the best mode of restoring the
Union and preserving the Constitution. If
we could but agree upon one object-the
rehabilitation of the States, with all their
rights, dignity, and equality unimpaired--
though our views may be diverse as to- the
means to attain that object, this Congress
might carve out a historic fame as the re-
storer of that constitutional freedom which
the last Congress did SO much to destroy.
/ Upon this side we viii sustain any measure
4 to put down rebellion which is warranted
by the Constitution. But we viii never lay