The Manchester journal. [volume] (Manchester, Vt.) 1861-current, 1864-02-23

at Nfft8eH KfNhA4E@ ANat W MA4Y
pegs0a shall hereafter inelie. SET on
loot assist, q engage In aay rastlsies
or insmrs1sges against thg authority
Il ihe Uhiied State. 81 tht Laws there.
o(. or .bsll gise aid o; comfort there.
lo. %. shall epgaee 10 o. give aid or
comfort ~ ans such existing rebellion
% insnrrecnon, and be convicted there
d, u, shsi BE- penisbrd by impri.on-
mcni ioT 4 period not exceeding Ten
years, u BY fae not exceeding ten
thousand dolla.s, or both Of SAID pun
Ailments.
Section 6ye--and the objections
from tic other side are mainly 10 this
provides that, 70 insure the
speedy termination of the present re-
beliion, properly may be seized BY the
President IN certain cases without irl-
al and conviction Of the owner, aud
applied for the support Of the Army,
after condemnation as provided in the
subsequent sections Of lhe act. Thus
the whole bin is based upon the fact
that the war il a rebellion, and the
penalties are against those engaged IN
it as rebels and because they are rebels.
Now, sir, let Us for a moment ex-
anime the arguments ueed by gentle
men upon the other side OF the House
against the constitulionaliiy OF the
law.
Ii is said that the law is unconsti-
tuiional because il lakes the real es-
tate Of persons engaged in a war
against the Government and iorfeiis
il in fee; that the persons are dc Jdcto
and de jure traitors that their acts
constitute the crime of treason as de-
fined by law; and that by the proyis-
ions OF the constitution 30 attainder Of
treason shall work corruption Of blood,
or forfeiture except during the life OF
the person attainted. The answer is,
there is no altainder of treason under
the law. What is an attaint There
never has been such a thing in this
country. In England it was the nee
essary incident 10 and consequence Of
conviction and judgement for treason,
and carried With it corruption Of blood,
whereby the descendant Of the ielon
could not inherit through the guilty
ancestor, and forfeiture IN fee not only
Of the real estate which the telon own
ed in perpeiuity, but also that which
be held in entail. The forfeiture for
an atiaiuder Of treason is not involved
in the coniiscation law.
As a punishment for treason per Sc
there is no forfeiture Of estate, for in
1890 Congress expressly declared that
there ebanld he 10 corruption of blood
or any forfeiture Of estate.
Nov, the coniiscation act simply de-
elares that Nhosoever shall commit
the crime OF treason and be adjudged
guilty thereof shall suffer death aud
forfeit his slaves, or be imprisoned
and fined not less than ten thousand
dollars. II also declares that any per-
son setting on foot any rebellion or
insurrection, or who shall give and or
comfort 10 any person engaged many
OF insurrectson, shall, upon
eonviclion. be imprisoned, fined and
forfeit bis slaves.
DO not understand that it is con-
tended that slaves, personal chates.
may not be forfeited absolutely, as il
is doubtless the law, as stated by the
gentleman from Pennsylvania, that the
forfeiture of personal property for an
hour is a forfeiture forever Certainly
Congress has power 80 declare what
shall constitute treason, and what the
punishment shall be. Under the law
Of the last Congress one portion Of the
punishment was, a fine OF not less than
ten thousand dollars, 10 be levied aud
collected upon the estate OF The oilen-
der, both real and personal. As there
is no provision Of the Constitution
which by any construction can render
such punishment Illegal, if necessarily
follows that by ind!reclion Congress
can work an absolute forfeiture OF all
the real estate OF the convicted often
der, while as a direct measure, il the
gentlemen on the other side are cor
rect, it can only forfeit a life interest.
To practical man tins is rather alb
surd.
The great difficulty, however, upon
the other side of the House seems 10
rest in the fifth section. Under this
section the forfeiture is not as pen
ally for Tie c ime Of treason, inasmueh
as the section does not provide for a
conviction Of treason, aud without con-
yieiion there can be no punishment.
Il merely provides for the seizure Of
the estate Of certain persons who, as
citizens Of the United States, have as
sumed 10 throw off their allegiance TO
the Government, and by force Of arms
seek TO destroy il
l. this seizure lawfuls In my judg-
meui, under ali the circumstances, il
u. BY natural law, hich s The only
law by which individual rights are
governed before men form themselves
into organized societies, there is no
sucl, thing a, It's right of property in
real estate. a person can cnly own
and enjey Whal he occupies. aud hence
be is under The prolec ion OF no Law
except The las Of force. When, for
the sake Of muiaal protection, men
form themselves into societies and or.
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