Burlington free press. [volume] (Burlington, Vt.) 1827-1865, 1864-02-19

Is this seizure lawful, In nv Judgment, un
der all the circumstances, it is By natura
law, which is the only law by which indiyidua
rights are governed before nen form themselye
into organized societies, there IS no such thin:
as the right OF property in real estate A per
son can only own and enjoy what he occupies
and henc, he is under the protection Of no Law
except the law Of force When, for the sake o
mutual protection, men form themselves into So
cicties and organized governments those natural
rights art abandoned, and obligation to Govern
ment is assumed and protection from Government
guirautiel, both as 10 person and property
When our Constitution was established it was
not done 10y States as such. II, preamble l.,
'' We the people OF the United States, ia order
10 form % more perfect Union, establish justice,
insure domestic tranquility, provide for the COM
mon defense, promote the general welfare, and
secure the blessings of liberty to ourselves and
posterlty. do 0riain aud establish this Coustitu-
Jiou Ion the United States OF America Now,
under ths Constitution and the Government
based upon IL, what were the rights and duties
Of TIE citizen, and what the duty and power OF
the Government: Tho duty Of the citizen was
aHsyiaHcc, and upon the performance Of that
duty rested his right 10 protection. The duty
OF the Government was 10 extend 90 the citizen
protection both 20 person and property, and
the allegiance oi the citizen. IAe duty 0f the
Government and the Obligation of tle e.tizea
are mutual W heuc,.r tue citizen q -re-trj.
his obligation. throws of his allegiance, ami
thru>,- the assassin = dagger 40 the hetit 81 th-
Government, he not only commits ;le chest
crime. out forever al-olve, the Government
iiCm the duty Of extending It- protection either
10 his person or property.
The rehels IN arms are ,n this position They
haze broken the compact, and % Is tIe r-ht and
duty Of Congress 10 authorize the 81 .zure uf tLcr
persons and pruperty-tO restrain their persons
and TO appropriate their property, not az o. for
ieitur- ior treason per Sc, Ju, as la exercise q
Just and soyere-- power over q g-lr.lIous sub
jeat; aui this N accordance with paramount
aW. Hence. iu my judgment. the coutiscauon
set c.lu be administered without involving the
g e4t constitution u question aOoutwai.n we have
utlri 20 much said and read respecting the for
titure 10 lee Of real estate upon an attlindcr Of
treason. Is | have before -aii. there Is no such
thin. known to our law as au attuut By the
common law attaint was a necessary incident to
conviction and Julgmsut 81 treason lu this
country Congress determines what constitutes
the crime OF treason, AMI declares what us pun
isImgut shall be- There are uo attgudau, yf-
iects TO the judgment beyond the prescribed
penalty. There Is neither corruption of blood
mr. forfeiture
The Constitution Is To be construct iu accord
aucs With the intention OF is flamcrs. and tina;
intention may be determined 60 somc extent by
Ala examination Of history contemporiueou, with
the Adoption Of the Constitution, Our fathers
were striking out upon system entirely differ
eut. boo most respects, from that Of England.
Iney hai the elect of bills Of attiiuder. and
hence wisely provided that no bills OF attaiuder
fst T..
rres- they had seen the effect OF attauder Of
treason under the common law, whereby corrup-
iiOu % blood Vas worked and luhertsb.c quail
tie, destroyed Hence they provided that upon
an atJainler Of treason there should be no cor
mpuon of blood. They hai seen interests in
the real ty absolutely rested a. the innocent fcs-
scs1i14f. forever taAeu IN lee upon the attaIuler
of the ancestor Estates ia England were held
generally by virtue uf ieuid grants from the
Dr1Wu. and each tenant held only life estate.
and hence corruption Of blood was Necessary, as .
= consequences OF au aytsinier Of ireaslou o. dts-
troy tine entail and rcNcst the utle 90 the Crown.
Ut1erwis- the heir would inherit, Tor 10 eutuled
estates ,lere IS al interest I esse IN the remain
ler-uau during the lie OF al ancestor IN III
i,Ie-, ihat may be legally eucumberei 10y way u
mg-i=as--
The Constitution un-
lIlNh..aa7 81 A-ta1A 4sr .7AtsANA HA.aA
al.l deprive innocent persons oftleir legal rights .
b. ,ssc iar the crime OF au ancestor through the
locule cd corruption OF blood But asnJ est
hare. t.r..ts; and because the cy-yiction Of
,le i-Lil, -u tll shall not work injury 90 the F.
-uliul,r-,lIu through corruption o. blood, can
o be- said that treason may not be pun shed by f.
l,puNu- the convicted person 1i that property F.
kh.cl 81 ely belongs o. him, o. wl.-u 40 one .
else ulrug h.- Ute bias any 4e-ll claim, and that
be- ], 90 l, permitted before be mounts the scai-
foll ts I-p .ze oi % ior tuv flrtucriuce % the .
vert cause ilr engaging ia Whi,h We ilaute hiu .
OF ht Could the fathers have grlstly discuss .
-. this question of forfeiture aud inserted iu tl-
Constitution the u re shallow without "a rtrlcie .
o. Substance Dd they mean tnat ,lr tle hi- be-
ct crime known % tht law tIe forfeiture should
attacl only long enough for the cuuyl..-i ftllu .
20 be- Transported irom tine PRISON 90 the >-ah5ld
n, sir; our fathers never were cheltei hs slai- .
ows or graspei at straWs. They meant souethIn. .
by the insertion OF this clause. Forfeiture wns .
% have some practical operation sc a punishment .
for treason. II so, the forfeiture was intended TO
operate upon the interest Of the offender, IN
whatever estate he possessed, ami upon the
whole Of that interest anu nothing more; and
wisely and humaney, contrary % the English
law, It was not intended 10 operate upon an in-
terest IN asa vested iniercst-iu an innocent I
descendant 10 the property m possess on Of the I
convicted traitor by virtue OF an heIrship which +.
the ancestor seltcould neither diyest or affect.
In other words, the forfeiture could not operate /
upon any title or iuteres; not resting IN the per-
son attaintei; and this, in my Judgment is al I.
that was intended by the the clause ''or forfeit /
ure beyond the life Of the person attainted- -
The gentlemen upon the other side in words I
whose persuasive sweetness might almost raise |
mortals TO the skies or bring angels down, call /
Tor peace and the restoration Of the Union as it /
was. SIR, let them restore the crumblei walls 1
OF Sumter surmounted by cur starry banners;
lie, them call from it, depths to the surface of .
the james, the Cumberland and her gallant .
crew who went down with their proud flag still .
iying; let them revivify the scores Of thousands /
whose martyr forms consecrate the hundred bat .
tle-helds Of this contest, and whose blood has /
our land in holest baptism 10 freedom hence /
forth forever; let them give US back our VIM 4
throp and Lyon and Stevens and Kearney and 1
Richardson and Reno and the comra9es who with .
them . sleep their last sleep and have fought F..
their last battle;" let them summon back TO cur
Senate Halls the molderlng dust that was Baker,
the noble heart and eloquent tongue now stilled
forever; let them hush the grief that hlls our
land for the loss of those who died that our
country might uNe-griet tnat proadly mOurns
and asks no sympathy from trsitorous hearts;
let them rebuke the gaunt demon Of famine now
stalking with his triumphal tram Of woes through.
out the South; let them change the stars in their
courses. and turn back the hands upon the dial
plate Of time, and obiterate the bloody record Of
he past three years. Then, sir, they can have
3, ace and the Union as it was-a peace which
he North would never break. When they shall
nave done all this, then "may the dog return to
lis vomt and the SOW to her wallowing in the
nire.' But never until then, sir, shall the crack
# the slsve-whip again make sweet music in
heir ears.
Sir, the gentlemen are the Bourbons Of our
.ountry-they learn nothing and forget nothing.
8ft
There's a divinity that shapes ends.
RouEh-hew them how we will"
And has there not been, strand | quote
rom another divine purpose controlling all
be political and military phases Of this conflict;
matching from its victories; granting successes,
orcing US at last by the gigantic proportions Of
his revolt, to shear it Of its strength IN pro
iouncing doom upon its cherished institution
md arming against them those OF their own
iousehold; in frustrating our military cam
iaigns that in the delay public sentiment might 7