Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1864-01-28
RATIONAL lNrELLlGENcER.
PERMANENT coNFIsoArIoN.

PaiPoSS "
overriding the terms Of the contscstlon act, as
passed by the last Congress and approved by the
President. Ii is known that the existing act was
accompanied by an explanatory resolution, adopted
81 the Instance Of the President, and in conformity
with his constitutional opinions declaring that in
proceedings under the act no confscation of real
estate should extend beyond the life of the person
convicted of treason. Such was the construction
which the President, supported by the highest au-
thority in the land gave to the clause Of the Con-
stitution which enjoins that :" Congress shall have
power to declare the punishment of treason but
no attainder Of treason shall work corruption of
blood or forfeiture encept during the life Of the
person aaainted."
1t safe tosay that there not two opinions IN
this country upon the meaning OF this clause long
ssits interpretation was left to depend upon the unbi
sssed construction andnterpretation ofts language
But when the minds of men came to consider it
under the stress Of certain wishes to do what the
plain terms Of the clause did not allow, resort
was had to construction construed" for the pur-
pose Of extorting from it the desired Specification.
It is not the first time that the Constitution has
been subjected to the rack and the thumbscrew,
but we have never witnessed an instance in which
the violence done to its terms and spirit was ap
piled with less discretion or reason.
Disregarding alike the plain letter of the Consti-
tuition, the known scruples Of the President, the
declared weight of authority, the admonitlons OF
history, the impulses Of natural justice, and the
most obvious considerations of public expediency,
the advocates of this change in the policy of the
oonHscston act seek to impress on the legislation
of our country under this head character for
ferocity which reviyes the worst traditions of
despotic Governments in barbarous ages. Their
minds are SO filled with thoughts of revenge that,
in melting out punishments to traitors, they seem
to forget not only what is due to the Constitution,
but to themselves And this innovation on that
instrument and on the spirit of the age oppressed
upon the attention Of Congress and the country,in
the hope We suppose, that few will be found brave
enough to lift their voices in condemnation of any
thing that seems harsh and violent if professedy
directed against the enemies of the country
There is class Of men who habitually mistake
violence for force and passion for earnestness or
who suppose that the people cannot discriminate
between the rant of loyalty" and the genuine
sentiment 1t is assumed by this class that they
occupy "coigne Of vantage" if they can take
sny position which places their antagonists under
the odium of seeming to ask for tenderness to.
wards rebels" We should be sorry to think that
the species of moral cowardice upon which such
men depend for their hopes Of success was as preva
lent as is supposed We trust that we may never live
to see the day when shall lack the courage to de-
tend our honest opinions because OF the odium which
it may be falsely Fought to cast upon them by those
who End il more within the range of their limited
capacities to impute to improper motives than to
answer our arguments But in TRUTH the present case
Is not one in which there is room for any such test
of courage or constancy it is they who advocate,
not they who oppose this measure, who are called
to e1onerste themselves from the suspicion of act
ing in the interest of the enemy, as they avow-
eddy act in opposition to the known visws and oe-
olsred policy Of the President. Does any one
doubt that Gen Jefferson Davis an his coadjutors
desire the passage Of sweeping and unreenting
confscation acts by the Congress Of the United
States Does any one doubt that they wish sue
cess to the new movement made in this direction
Or does any one doubt that the necessary-we do
not say the. designed Of all such
measures is to overlap their aim and to furnish
fresh fulcrum over which the waning strength of
the revolt may bend itself to new endeavors in
the work of insurging the Southern masses
While, therefore, we do not impugn the motly, ;
Of any who iDjudiciously press these extreme mea.
sures, We do charge that sill such measures are
directly ancilary the reasonable purposes of the
insurgents and contribute, according to their kind
and in their way, as directly to the resources Of the
enemy for continuing the the agents who fur
nish him with powder and arms; for whatever
severity of Legislation tends to accumulate and
intensity the resistance Of the Southern people, with
out rroportonaly strengthening our hands, is just
60 much I" aid and comfort" given TO the leaders
Of the rebellion.
The following judicious observations Of Ad-
ministrstion paper, the New York Times, serve to
show that the true view Of the topic in question is
not confined t. any party, and that the President
still has among his political friends those who will
not do contemptuous despite TO his conscientious
convictions Of public duty
From III, NsD York Times Of, January 23d.
The question Of permanent confscaton which is now
engaging the attention Of the House one Of very great
moment 1t will be remembered that the original
concerning con6scston which passed Congress eighteen
months ago, made general sweep Of the property Of