Daily State sentinel. [volume] (Indianapolis, Ind.) 1861-1865, 1864-03-04
- p r a. & ~ OF
Hon. JOSEPH K. EDGERTog
OF INDIANA.
DsfircTed in the Hoase 81 Representatives.. Jan
usry y. 1854
looNctuprp


Now. Mr. Speaker, let "a look more directly
~ the intent and character of the joint resolution
before the House Under various pretenses.
among which | may name indemnity for the pact
and security Tor the future, zeal Tor the soldiers
Of the Union. their widows and orphans. wives
and children zeal FOR the oppressed bOndmen
zeal for the onward march of freedom and the
extension Of our power and glory as a nation
zeal for arts. manufactures and commerce. zeal
for school houses aud churches but in pursuance
OF what believe 10 be in fact an unchristian.
unwise, revolutionary, and, ia many of is eie-
menis and motives, fanatical and corrupt policy
OF the party IN power. their majority in the 9Th
Congress passed the confiseation act of July IL.
1862
The first object expressed IL the title OF this
act was Ito suppress iusurecti0n" AZ TO that
object no man questions that the act has slgnally
failed. the experience OF history proves that
all attempts to deal With n great revolution. a
general uprising Of a people educated in prnci-
pies OF Tree constitutional government, by
hurting at them the thundefs OF viuGictive legis-
latlon have also signally failed Revolutions are
never conquered by vindiciive laws. They but
add fuel TO the flame, and make what might
otherwise he weakness. strength by the very in
spiration of despair. bur they never conquer nor
suppress revolution Armies may do IL. but
vindictive legislation never did and never will.
They are "blo0dy inventions which. being taught,
return 10 plague the inventor" Liberty NAV
be crushed out by the strong arm of material
power, but laws cannot caush t, for liberty and
law affiliate They are twin sisters. co equal in
origin aud duration. and when society is normal,
they ever cling with loving kindness TO each
other. Law was not born TO be the tyrant of
liberty. but her sister and her ally.
a. an act 10 punish treason and rebellion. and
to seize aud conh,c,to the property of rebels the
purposes aud terms OF the act Of july II. ls62.
are clear enough The first four sections relate
TO the punishment Of treason. aud rebellion be-
low the grade of constitutional treason. The
filth section makes IL the duty OF the President
To cfuse the seizure OF the property. real aud
personal, OF all the higher official grade of
persons who should thereafter participate Ia the
rebellion. such property To be applied and used
Tor the support of the army OF the United States.
Section six went further. and extended the Presi.
dents power of seizure and application To the
support Of the army. to all the estate and prop
erty OF all other persons engaged in or aiding the
rebellion who should not, Within sixty days after
public warning and proclamation by the President.
cease to rebel or abet rebellion: and he act OF
seizure was nude operative To defeat all sales or
transfers OF such property and estate after the
expiration Ct said sixty DAYS. Sections seven
aud eight prescribed the judicial proceedings ia
rem by which the property thus seized should be
condemned as enemys property and become
the property OF the United States" to be dis
posed OF a. the court shall decree. and the pro-
ceeds thereof paid into the Treasury of the United
States for the purpose stated-nannely the sup
port OF the army
do not know who was the author Of this act
of July IL. 1862. but it is apparent that there is
in IL strange mixing zap OF aud attempt To en-
force bellgernet and municipal rights against the
same persons. The first four sections are evil
IDENTITY intended to be constitutional or municipal
legislation. based upon the constitutional power
of Congress to declare the punishment of treason
and its implied power of declaring aud furnishing
crimes against the United States aud clearly
contemplated Indictment and conviction under
the Constitution. Sections five. six, seven and
eight, inasmuch as they do not conform to any
constitutional provision in regard to treason and
it, punishment although aimed nj persons guilty
OF treason, seem to be based upon an assumed
belligerent or war right of seizure and confisca-
ton. Thus, while Congress in one breath were
declaring that traitors and their abettors should
be hung, or imprisoned and fined and their slaves
made free. in another breath they were providing
that their estates and property should be seized,
condemned, ano sold eDerry's property.
The PfesiJent-elther because less clear head
ed or more timid or more scrupulous about over
riding the Constitution, did net view the law in
the light of a law based on the rights of war
alone. He either did not see or would not admit
the propriejy in one and the same law of dealing
with rebels traitors To be indicted, convicted
and hung. or fined and imprisoned, and alien
enemies, citizens OF foreign country owing
allegiance TO a foreign power, who. if patrotical
~ fighting for il. were subject only to the laws
aud entitled to the rights OF He could not
dvest his mind of the very natural idea that the
rebels were IN law citizens of the United States
"levying war against them" and therefore trail
tors. not alien enemies. He had not at that
time. his subsequent conversation with the
two Chicago clergymen on the 9Th of September.
1862 proves. been educated no 10 that clear ap
prehension and wise appreciation OF the war
power and military necessity which the gentle
man from Penns ylvdnia now vouches for and the
President has since shown IN his pr0cl,matiOns
of September p. 1852. January of 1863, and
December :, 1863. saving nothing Of sundry IN
termedate exercises Of the war power in dealings
with the htbeA> corpus and personal liberty.
The President under the instructions OF the ger
tleman from Penn> ylvauil. is evidently improv-
ng in military exercises
When the President who had read Blackstone
and Kent and Story aud Mr. Madison in the
Federali-; = whose pregnant aud authoritative
opinion has been aptly quoted nv my friend from
Ohio Mr Bliss applied his knowledge derived
from those great WORTHLESS in jurisprudence to the
sweeping conhscaiion declared in sections five
auu SIX 81 the act. he Wa staggered, he doubted
and he-itnted. and finally concluded To change
the law, or Kill il ny the veto The result was
his message To Congress. OF July II. 1852 TO-
lowed Immediately bv the passage BY Congress
OF the explanatory joint resolution OF the same
date. Ii the President, by similar duress per
minas. had exercised similar conservative iufiu-
ence over the same Congress. he would have
done wisely. The language of the President
message Is in itself strong an argument
against the act as proposed. that quote briefly
from it. lie said:
=" That to which chiefly object pervades most
part OF the act, but more dstiantv appears i'm
the-hrSt, second. seventh. and eighth sections 1t
is the sum Of those provisions which results in
divesling of title forever
For the causes of treason and ingredients of
treason. not amounting to the full crime, it de-
clareS forfeiture extending beyond the lives OF
the guilty parties; whereas the Constitution of
the United States declares that'no attainder of
treason shall work corruption or blood or forfei
ture, except during the life of the person at
tanned True there i to be no formal att4inder
in this case; stil think the greater punish nert
cannot be cJusttu,ioualy inflicted, in a different
ioTm. for the same OilenSe.
With great respect am constrained To say
think this feature OF the act i unconstitutional
IL would not Toe difficult to modify it
The point of the joint resolution of July II is
in these words:
Nor shall any punishment or proceedings un
der said act be construed n 20 work forfeit
tare OF the real estate OF the offender beyond bis