Indiana State sentinel. (Indianapolis, Ind.) 1861-1865, 1864-02-01
Treason and Confiscation.


The Constitution Of the United States was
framed and adopted shortly after the close of the
Revolutionary war Its trainers, most of whom
had been engaged in that struggle. had Witnessed
the violent passions which had been engendered
during the contest and the tendency of men,
when excited, to transcend the bounds of Justice
and to act hastily and unadvisedIy from the in
huence of prejudice and suspicion. In very
brief commentary on that clause of the Consti
tuition relating to treason. by Mr.. MADISON, (see
Federalist papers. XLIII the reason of the
provision is explained "As treason may he COM
mitted against the United States, the authority
of the United States ought to be enabled to
punish it; bat as new tangled aud artificial
treasons have been the great engines by which
violent factions, the natural offspring of free
governments, have usually wreaked their al
ternate maIignity on each other, the convention
have with gre judgment, opposed btrrier to
this peculiar danger. by inserting constitutional
definition of the crime. and fixing the proof neces-
sary for the conviction OF il, and restraining
Congress even in Furnishing it, from exten iins the
consequences of guilt beyond the person OF its
author Thus it is plain that the Constitution
meant to limit the punishment of treason to
the guilty person alone"
This provision is also consistent with the
whole spirit of the Constitution, and cousonant
to the spirit of modern civiz ,tion and the genius
Of christianity.
The spirit of this provision was announced in
the laws Of Moses. as will be seen from the
following quotations.
"Deut. C. "a. v. l6: The father shall not
be put to death for the children; neither
shall the children be put to de ,th for the
father. Every man shall be put to death for his
own sin.
'.Deut., ch l9. Is: One witness shall not
rise up against man Tor any sin, at the mouth
of Two witnesses, or at the mouth Of three wit
nesses, shall the matter be established.
Levitt. ch -, v. 10: Thou >hAIt not avenge
or bear anv grudge against the children OF thy
people. but thou shalt love thy neighbor rs thy
self"
Says MoSrEsQuIEU: THE Chris.i,n Religion
is stranger to mere despotc power The mild
ness frequently recommended iu the GOSPEL is
incompatible with the despotic rage with which
prince Furnishes his subjects, and exercises him
self in cruelty Let US set before our eyes. on
the one hand the continual massacres of the
kings and generals of the Greeks AMI Romans,
and on the other the destruction Of people aud
cities. by those famous conquerors, ZIMUR B Ee
and JENGIs KAHN, who ravaged Asia, and we
shall see that we owe to christianity. in govern
ment. certain ,itic.,l law. aud ia a certain
Law Of nations; benefits which human nature can
never sufficiently acknowledge.
IL is owing to this law of nations. that amongst
Christians victory leaves these great advantages
to the conquered: life. liberty, laws. wealth and
always religion. when the conqueror is not blind
to his own interest"
"As soon as a Republic mas compassed the
destruction Of those who wanted to subvert il,
there should be an end Of terrors and punish
ments. Great punishments. and consequently
great changes cannot take place without invest
ing some citizens with exorbitan; power Ii IL.
therefore. advisable in this to exceed
in lenity than in severity; to Danish but few,
rather than many; and tc leave them their estates
instead of making vast number of contscatinns
Under pretence Of avenging the Republics cause
the avengers would establish tyranny. The
purpose is not 10 destroy the rebel but the rebel
lion"-lSpirit of Laws, Chap XVIII.
The Republicans are like JACK. in SWIFT:
tale of Tub. when they mediate any rascality
they get down on their knees. roll up their eye,
and begin to pray. The Administration party are
attempting to still further violate the Consti-
tuition by pretending to mike the confscation ac
/ conform To &C..
/ CIRCULATION or rHE BIBLE E-Hon s. NJ Bid