The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1864-02-09
WHAT WOULD BECOME OF SOUTHERN
rRoPERTY-TH PUNISH NENT OF "TREi-

PROPERTY ff-THE EPtNtSh MINI VI TIRE :
SOM
The successes Of ,he enemy i'm the field last yea
have been Of great service 10 the Confederaey in
st least one respect. They have Induced the GOV
ernment NJ Washington TO drop the mask complete
iy, and now we can see plainly tho fate in store for
us II 80 great curse az subugation were by ams
chance 10 ovcr!ake US. The Hon. Vm. Whiting.
Solicitor of The Federal War Department, whose
letter in favor of the entire coniiscation of the
property of persons within the Confederate lines.
without discriminating 10 loyalty and disioyaltv,
has been published, has published work of more
durable form on the 'sWar Powers of the PFpsi
dent This work derives It's importance chiefly
from the fact that its author Is high official OF l,
Federal Government, and that his first letter on tie
subject has been endorsed and acted upon by that
Government, The object end and aim OF th,.
work may be found in the following pithy xas far
seeing sentence: The circumstances Whis.h the
rebellion has forced the Government are MAKING
great and important changes, sud among tho mos {
Important OF these is the sale OF The un,ls of the
ahscondiHg rebels, and The effect which the guilt of
treason Will have upon the rights Of their descend
ants after the rebellion shall have been suppressed
ana the Union restored.''
Solicitor Whiting, discussin. The subject sRd ef
feet OF "bs OF attaindcr," says there are essential
characteristics which distinguish, them from, all
ether F-sss~astases First. ssfhay alwsxs 1,ntct
the penalty of death upon the offender, or of out
iawry, which is equivalent to death" Second
"'rhey always e1 post .facts laws, being passed
after the crime WAS committed which they are ,o
punish" Third. "ihey never allow the guilt or
innocence Of The pers attainted to be aseertained
by itt Luff Tho -
Of rarlia.nent.n Fourth. "They always inllic,
certain penalties, among which were corruption OF
blood and forfeiture OF estate" The essence of
atander was In corruption of blood. Mr.. Whiting
says:
"tnless law o. Congress shall contain these
fur characteristics, penalty Of death or oulawry
corruption OF blood, and the legislative, not Judi
cial, condemnation, embodied In law, IL is not Il
ball of attaiudcr under the sense of the Consti.u-
uon' The Constitution provides that no bill of
a'tainder or tr posi- Ict0 law shall be passed by Con-
gFess; and that no State shall pas. any bill OF at
tainder, er post facio law, law impairing the
obligation of contracts.n There is therefore SAWS
Mr.. Willing, "no power in this country TO pass
any bill of atander." He says: sin the technical
law statutes Were called bills of attander only
when they inflicted the penalty o. death or out
idwry; while statutes which inflicted only forfeit
ures, fines, imprisonment, and similar punishmcnts
were called bills of pains aud penalties" Ihe
United States statute OF 1890 is follows az any
person or persons owing allegiance to the United
STATES of America shall levy war against them, or
shall adhere TO their enemies, giving them hid and
comfort, within The United States or elsewhere,
and shall be thereof convicted, on confession or
in open court, or on the testimony OF two witnesses
10 The said overt act, of the treason whereof h"
shall stand indicted, such person persons sha!:
be adiutg"t guilty Of treason against the United
States, ani shalt suffer death "
The law passed at the last session Of Congress,
july, 1862 to meet the case OF the present "rebel
lion, says ia sectiJn lst; 'Persons committing
treason shall suffer one OF two punishments; /.
Either death an freedom to bis slaves; or ?. In
pri=onnent not less than five years fine not less
titan ten thousand dollars, and freedom of slaves;
the fine 10 be- collected out OF any personal or real
estate except slaves" The SECOND section says {:
"!HCitn@ rebellion engaging lit IT, or aiding thosa
WHO do So, T. punishable hy imprisonment NO; more
lslAn ten years, fine not more than ten thousand
drliala. and liberation o. slaves"
Section fifth makes IL the duty Of The Pre- ident
to cause ,h- seizure OF all the property, real ana
personal, oC severed classes named, and apply tie
same TO The support Of the army. First. Rebel
army and navy officers. Second. Government of
cefs ot Confederate States in their natssnai c9
paeiiy. Third. Confederate State officers. Fourth
| United States officers turned traitor otiieers.-
| tilth. Any one holding any Office agency, ma
tionai, state, or municipal, under the rebel Gov
eminent, sc. Sixth. rerso-s who own property
in loyal States, i'll Territories or in the District OF
I'nlutn ,, SI,g hsy aid
fort such rebellion,
Section Sixth Is The most important portion "i
the law, aud is as fellows :--"hny persons within
the l'nitc, States not above named, who are eh
gagged in armed rebellion, OF aiding or abe!tng it,
Wh, shall not, within SIXTY days after pr0cla
Hlation by he President, 10 aid, countenance
aud ahct said rebellion, shalt be liable 10 have all
their property, personal and real, siezed by th;
President, whose duty ii shalt be 10 seize and Use
il or The proceeds. thereof. All transfers OF such
property made more than sixty days after the proc
iamaton, are declared nnll. The Presidents Proc
iama0n in accordance with and founded on the
above act, issued July 25, 1862 makes it, as Mr..
whiting says :-''Dne Of the most important acts
passed by the Congress of the United States
There is to be ''inyaI'' religion, or no religion
at all, in the subjugaed territory, and the people
suhjIgated are not TO be free TO worship the Al
mi shty as ,hey please. The New York Eraminer
announces that the secretary of War has given
full and formal authority 10 the American Baptist
Home Mission Society 10 take possession OF every
abandoned Baptist meeting house within The limits
OF the insunectonary district, and of every other
Baptist Church editce now in The hands OF the
rehel5. The Erlattasr adds: "ibis great aultion-
cation was obtained through the agency OF the
Home Nis-ion Secretary and Senator Harris, and
,he Home Mission Board will need pre- eminent
wisdom aud energy, besides many men and much
means, adequately 10 meet tteir new responsible
ties. The Baptist population of the seeding
States Is probably larger than that of any other de
nominations and hundreds OF abandoned Baplis;
nulpits will be open to loyal Baptist ministers of
the North. This is an important movement, and 1t
is TO be honed that every rebel Baptist, III there
are any such) as well as every abandoned Baptist
meeting house, will speedily be restored 10 loyal
ty."
MAJOR MoRDECAL-We are authorized to
state that the Major Mordecai who is spoken
of In the Northern papers rs being on eX-
animation before a committee on the con.
duet of the war, is not Major Mordccai, for
lnerly of the u. s. Ordnance Department
previous to the secession Of the South
When that inevitable course was adopted he