Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1864-04-05
;UPPL EMENT WITH TO-DApS NEWS
CONFISCATION.

the rebels. The most nf our reading upon
the point has been in such rsbciGouS Journals
as md their way to our table among oar other
exchanges. We have read such articles with
interest and curiosity; admtrIns at times the
ingenuity with which that class Of rebel jour
mails Of which the Marysville Express and
Br-iah BcowuS Democratic Press are the
types, cuicAvor 70 establish the position tina;
the National Government, IN its condScation
policy. Is acting tine tyrant, and trampling
Under foot the laws o: nations, and over
stepping ,he bounds of civilized warfare.
Ceasins occasionally the argumenta;IYe, and
the vi,upcratiyc, they assume the pathetic
and talk - Us OF Innocent patriotic widows OF
rebels. of infant loyal orphans, Of "mur
dered' rebel SiyeS, OF prospective other infants,
vet to be bego,ten by those loyal orphans;
and preach woiullv and Enthusiastically about
carving vengeance beyond the grave.
Their arguments ever failed to strike Us with
conviction. and their pathetic references 10
the widows and orphans OF those who have
for years been psopieing the North with
widows and orphans Of loyal men, have failed
TO elicit tagob Of sympathy in our hardened
breast. To-day we have been reading 4 small
pamphlet on the other side OF the question,
the views expressed therein are more in con-
sonance with those entertained By ourselves.
Il is the speech Of Hon. Il. Clay Smith. OF
Kentucky, on the CondScation Bill, delivered
in the House OF Representatives on the 9TH
day Of February last. To say that that
speech suits us, would but teebly express
our appreciation. Had We the room in our
columns. we would gladly publish the speech
entire. Dat oar limited space forb;ds. Some
portions Of his speech, more directly respon-
sive to the arguments Of the opponents Of
the bill, we briefly quote. He SAYS:
Il lay duwa the broad proposition, nay, aS,cr;
i; a, truth that wnra man becomes traitor
10 his country, rebels against 10 authority. and
resnrIs - AIMS - overthrow aGd destroy l.. he
fSrGrits everything: h" possessed. even unto his
Life, when the Government has manifested its
power gai possessed that which the traitor had
wa.t il resistance and rebellion. and whatever he
ElRy D., possessed Of thereafter y alone bv the
grace OF she ,inv"rnmsnt. no, by anr legal or con-
stlIuuoual demand he may make o. ever enjoyed
! no reA>oa :.r making c.s.SSidca-lou> or
distinctions il pro?rcrE. l So no reason in ad
n:ciiu: :h- night To seize, possess and apply to
the Use u The Government, chattelS, personality
or movable property, which u.,y BE- IN the posses
sion OF ne enemy used Tor the destruction of The
Republic. and ~ II" same time DENYING the right
70 seize ami C0nt1Scl'r really, which also does its
work toward supporting By its breads, its GRASSES,
its minerals, and its timber. the same enemy
Lants unbeatable. i Is t-ue-so also are money
and horses, ans: negroes according TO the laws of
tee southern >ta;cs; bU: no Onr, presume wi.
doubt :o- = Iaoara; the power OF The Government
TO seize and apply % its own U.S. forever any
property %: THIS !a.:e. kind.
Speaking o: the widow and orphan" and
the persecution after death" arguments of
the treason symPa:hizers, he says;
SIR, there seems 20 - forth deep sympathy
fo- the offspring Of :AH landed Master 0. this
Southern rebellion. N2G HAY 50 forward with
your !aws and youE army, eat down the humble
;anan; who has been misguided in this Grea: at
:air. sweep away Al! IL hA' lurn rs wife and
ra-lr.u oGt upon he cold charities q; he world.
sni make 20 hin, no redress Cor rhs capture and
use ~ his only horse or 51rr-l Of meal; but when
You reach she landed proprietor, the arts'ocrasic
traitor .: TIE >OItG. wac aI> dHGe al he gould
ASdias: YOU. You gry aloud. Walk light. be care.
IN. ;his !, sacred ground Won cannot, say the
opponents OF this oil, touch this land except
dIrinS the lifetime O: the traitor because the Con.
s:.:u:ioI i--biLs (: UIIs: revert 10 the heirs Of
tn traitor .:trc hi d-a;a.
The speaker takes the ground tha: BY an
armed .evo.t and attempt 70 overthrow the
Government, the rebels have forfeited all
claim to the guarantees OF the law or Consti-
tuition in any particular, but became enemies
and were disErancaiscd. In such position, as
the declared enemy OF the Government, the
rebel comes within The Law as laid down by
Chief Justice Marshall. in the case Of Brown
VS. the United States, 6 CEanch) which came
Up on appeal from the Circuit Court Of Mas
sachusetts, which had condemned property
belonging to the enemy. The Chief Justice
says.
Respecting she power Of the Government no
GOGot : entertained That war gives the SOW
-raIsu fu.. right 20 take the persons aud cprhs-
cate the property OF the euciny wherever found
il conceded Ta- aitiEa;ions OF this rigid rule
which the humane and wise policy Of modern
times has introduced into practice will more or
less affect the exercise Of this right. but cannot
impair the right Itself. That remains undim!n-
ishrd. aud when the sovereign shall choose TO
bring it INTO operation the judicial department
mus, give eifec; to its will. But uu;il that shall
b. Expressed no power OF CONDEMNATION SNAIL eN
~ N me court
Again:
..,y,- ,,i,.ss 80, eora, r:.bt oyer persons and
--nn.r.y and # its declaration is not considered
a. ,r.s:rihn :, law r..Sup,in- ,n.. person of al.
sn.,ny f,rni i'm oar country. neither does IL pre-.
scribe law for his ProPeTty.
Again, NE says
Like all other questions OF policy, It Is proper
,,-,b., ,,-,s. Isr-t,ion OF n d.pa-rnat which car,
rooify IL AZ viii no, for ySe confederation OF a
JanIrir1an, which can pursue only the ,ary Is il
q; y-;,,s1 III. nro1.r for the Consideration OF
,5 Is,i.is-rre p.,t of rhe executive or Judiciary -
,,.C-....:-,,. L:.,;
IN reply 10 the Noi>'1'"'''I"' o'JS'''Ou
that the bill works rs al attainder, Mr.. Smith
says
Where is there corruption Of blood upward
and downward in this bill. whereby the son. or
the grandson. collateral heir shall be deprived
Of any es:a;e. real or personal There j. none;
the case T. not mentioned. The action OF the law
hi ..r..#F .kaF -hn h,s.e AFt1.