The Hillsdale standard. [volume] (Hillsdale, Mich.) 1851-1909, 1864-02-23

HON. THADDEUs STEVENS
J M or PENNSYLVANIA, ON THE
CONFISCATION BILL,
Delivered in House Of Representatives. Jan %. 1864
The II use having under consideration .hs
coniscatiou Of the property Of rebels. Mr.. STE
VEINS said:
Mr.. SPEAKER: The gentleman from Ohic
Mr.. SpALDISo has said nearly all intend
Q to say upon this subj ct. | begin simply
by deny ing that the Constitution has lhe least
reference 70 sny one of the provisions of the
b j in question, and intend TO show that 'he
act Of 1862, which was mod,fi d by resolu-
ton which il has been truly said ives passed
under deress very little TO the cred;t Of the
Congress that passed it--ihal act Of 1862. is
not affected dirccilo by any one of the proyis-
ious Of the Constitution, and that especially
That part Of tho act whsch provides fer selzing
property aud confsca,ing j. in fee simple is
purely proceeding under the laws of war and
under the law Of nations, over which the Con
sfituton has no contros, and in regard TO
10 which II has no effect whatever. The first
section of the act of l769 punishes the crime
OF treason with death aud the forfeiture of
personal estate. That, believe is not oh
jected TO, because personal estate, once forfeit
ed, is forfeited forever. Thers is no such
thing as a life estate 10 personal property :
ii" who gets il for an hour gets it forever
This is the Pla'nest principle Of law. The
second pToylsiop is that those who inci,c to
rebellion shall be punished with fine aud i'm
prisonment. That Las nothing to do WITH
the Constitution. 1t is not pretended, | sup
pose, that the Gems tuition 10 any way affects
it. Tben oomcs the claase 81 the bill TO which
gentlemen take cxceptIon; and what is that !
1t is TO bs found 10 the statute books of that
sessisn Of Congress, page 3l3. It provides
that, 10 insure the speedy termination Of the
present rebellion, il shall bs the duty of the
Pre- ideot OF ths United S,ates &c cause The
seisure of all the estate ald property, money,
csed'ts, DC, Of the persons guilty. aud apply
the proceeds thereof to the support Of the mr.
my OF the Uuilec States. IN
Here is no a,lainder Eor treseop, here is no
conhscation Of properly under any provision
Of the Constitution. THIN the law goes on
to state bow you are TO, seize and condemn
property, Il is to be sez ID and proceed d
against az ren,#ccordlng to the law for that
purpose, apd condemned. As what? As
the p op riy of trai!orsl No such thing. =
Condemned as enemies property" Does
not that show that the Constitution has noth-
ing TO do with it on the question Of treason
Here are body of men In arms against the
United States. This act of Congress. SO far
il refers TO seizures of property in zee, refers
to them as seizures Of the property Of alien
enemies, to be treated as such.
Now, where is there a word about the at
taiudcr Of treasons That part of the ct does
not seize property as traitors properly at all.
But the learned epeman from Ohio Mr.
SPALDIYG Las well said all that | Intended
To say with rclers nee TO attainder for treason.
Attainder for treason is impossible U der ,ha
laws Of the Unitcd States as ey now stand,
without an express acl making conviction
and sestence and execution for treason sn at
taint for treason. There ia no atlaint of irea
son in the United States and lh 70 is no such
law here.
BY the common law Of England, after
after there is u senteucs Of ex cution, or f
nal St p'ence, for treason. an at,aint is worked,
| not by the act itself Of the sentence of death,
but BY CO anon law. In Tho United States
there is no cou mon law. / need not say to
lawyers in thu House that so far as the UNI.
ted States Gov, rpment is concerned crime is
only by positive enactment, and there is no
crime at common law punishable under th"
laws Of the United States. Therefore, as
there is 10 common law the sentence and con
viclion for treason works no attainder. Ii
canuot be. 1t is impossible. And although
he CLAIRE in the q CjostmntIon provides against
positive act Of that kind by Congress, yet il
has never taken place; and to talk about what
can be done under aD a-talnt for treason Is
no: understanding the subj ct III legal point
Of view.
II ia, however, essential TO ascertain what
relation the seeded States bear to the United
them in re.cslablishiug the national Go ern.
ment There seems ID be greas confusion Il
ideas and diversity OF opinion on that ulj"ct
Some think that these States are still in the
Union and entitled TO the protection Of the
Constitution and laws Of the United States
and that. Notwithstanding all they hay. dope,
may at any tina. without any legislation,
come back, send Senators and Representatives
to Congress, and enj y all The privileges aud
innuniles Of loyal members Of the Unitel
States. That whenever those "wayward sis
iers" choose TO abandon their frivoltes and
present themselves at the door Of the Union
and deInnnd admission we rpust receive them
with open arms aud throw over them the pro
tec,ing shield OF the Union, Of which i is said
they han never ceased to be members. OH
ers bold that, having committed treason, re.
rounced their allegiance to tie Union, discard
ed It's Constitution and laws, ergauized q lis,
tiuct and iostie government, and by Io:ce o.
arms having ricn from, tho condition Of insur
gents to the position Of an independent hover
de fa TO, aud having been acknowledged az q
bell gcren', both by Ioreigu nations an ou'
own Government, the Constitution and laws
Of the Union are abregated so far as they arc
concerprd, and that, as between two beIhg
erenis, they arc under the laws Of war anc
the laws ofnstions alone, and that whicheve
Power couquers may treat the vanaushed al
| lcocouovod fcxovsroas and snay ;,o,,oaa ,,oo,