Daily State sentinel. [volume] (Indianapolis, Ind.) 1861-1865, 1864-03-04

Story, aud he threw ray OF light upon the Con-
stitution which was at once hailed as glad omen
BY the men whose designs upon the estates Of the
south had been baked ny the explanatory reso-
luton Of July, 1862
The brilliant decision OF Judge Underwood in
the lace OF the positive language Of the Join,
resolution, was considered a very timely aud
good thing, bit IL was clear that after the argu-
meut OF the President himself in his veto me-
sage, and after the doubt expressed by the So
icitor OF the War Department, II would not DO At
once To say. even upon the high authority Of
Judge Underwood. that the joint resolution meant
nothing and could be discarded, nor to saw that
the Constitution did not mean what the Presi-
dent. sustained by the highest constitutional
th0rites. said Il did mean. But If that resolution
were out Of the way. or its effect neutrazed by
legislative enactment or explanation. there was
room for hope that other Judges, in the Supreme
Court of the United States. might be found -
vie aud patriotic and loyal as Judge Under
wood. who like him would hold that ercepi 10
constitutional law meant unless j say there was
some ground for this hope, and whyl The vast
learning and integrity of the accomplished Story,
honored in both hemispheres, we're longer in
the Supreme Court The massive intellect and
unsuied honor of Marshal were no longer pre-
siding there The wise and pure Mclean had
also ceased to live and the lamp of life OF the
venerable Chief Justice. whose mind had shOne
like sun in that great tribunal for more than
thirty years. IA feebly Pickering and might in a
moment go out in the night of death True.
Grier and Nelson. Wayne. Clifford and Catron
were still there: but might not this Congress. de-
voted TO the Administration. pledged 20 It's poll
cy and ready To do its work easily provide, as
has already been proposed 10y bills IN this House.
for additional judges equal IN judicial integrity
aud wisdom to.the loyal aud illustrous Under
wood. who would iudicially declare that ereeDi
meant unless, and that therefore the Constitution
del not prohibit as punishment OF treason the
forfeiture OF the fee simple OF a traitors estiteg
Where there j. a will there il way. The Joint
resolution could by Congress be amended and
explained. aud the Su RENE Court could be SO
organized as, not only in this case but on other
great questions, TO declare the law of the Con
sttution To be in accordance with the policy and
desires of the radical and revolutionary men who
are determined 10 control, aud do control, this
Administration.
| do not hesitate, Mr.. Speaker. upon my re-
spOnsibily ~ Representative. To say that the
Chief Magistrate who made the declarations of
the Presidents Inaugural Address of NJ arch 1
lc6l under the solemn sanction of mn official
oath. ia the presence of people whose hearts
were quiverng with intense interest and fear for
the nations fate fear OF disunion and civil wal.
and who afterwards capable of making and
declaring ~ the law OF this land the proclama-
tons of January | and December :. 1863. is
capable OF organizing aud influencing the Su-
preme Court Of the United States. that IL. or
majority of II will declare that the Constitution
OF the United States means just what this Adj
minisiriiion wants il To mean. regardless of the
history, the wisdom and the judicial precedents
of the past We live, sir. in the midst of great
revolution. and of the ways and means to ends,
which revolutionists will use If need bc Ambi-
ton and suddenly acquired power may and DO
corrupt and drag from their moral moorings the
souls even of men who have had greatness thrust
upon them. because their neighbors and the
world applied to them the epithet or the title
"honest"
| have thus, | think. truly traced out the mo
tive or inducement to the introduction OF the
joint ameiflltory resolution now before the
House
i. This resolution proposes to substitute in
place of the language of the joint resolution of
July L. 1862 which. whether that the effect
of the second clause of section three. article
three of the Constitution. or not. absolutely pre-
vented the forfeiture Of more than a lite estate,
the words except during" as used in the Con-
stitution itself instead of "beyoud' used in the
original JOINT resolution; the word except 0e-7
ing the little loop Wherein the astute Underwood
had hung his doubt. The word real before
estate in the original resolution is also proposed
to be stricken out by the amendment
=. For fear that this amended phraseology
might still be construed restriction upon the
power OF forfeiture beyond life. the intent aud
meaning of the proposed amendment is declared
To be that the operation and effect OF the conhS-
cation act is only limited so far as TO make it
conform TO the Consli ion. sec. 3. article 3 In
other words, il means that the act Of conhscaton
may be treated as empowering absolute con6sca
ton OF all rebel property, subject 10 the decision
of the United States Supreme Court upon the
question whether more than life estate can be
forfeited under the act.
= The amendment provides that the PreSi-
dents proclamation of July 2a. 1862, based ON
section six of the act of July Il. shall be held
sufficient warming and proclamation to bring all
offending persons within the operation Of conf>-
cation; that Is, that such proclamation should
establish the rig!tand fact of forfeiture. as dating
sixty days after July %, 1862 This provision
leaves no door OF escape, except through the
mercy of the President To offenders who. though
then rebels. may since have ceased To- be such
AMI is another evidence of the vinGictive and
unjust spirit that pervades the cOn.iscati"n policy
The Presidents warning of July % 1862. eS-
tablshed a period Of sixty days after that date ~
the time when life estate only should become
forfeit the coniiscaton act prohibiting any great
er forfeiture than that Now, by virtue of this
Joint resolution. If the Supreme Count decides
under i, that the fee may be forfeited conf
Gated. the forfeiture is Ia he held 70 relate back
to sixty DAYS after July % 1867 and d;vest The
fee simple from that time; when Of that time
there was no law by which more than lite estate
could be forfeited This i ~ All in,euis eT post
tqct0 and retroactive legislation; imposing
greater punishment upon crime tnan the law
warranted when the crime committed.
Ii is therefore apparent TO my mind Mr. Speak
er from the term of the joint resolution itself
and from the tenor of the arg smenls ut the gem
temen who favor it. that it ia foregone cOnclu
sion and well understood that the judicial inter
probation of the act of July II, 1862, after this
ioini resolution is passed. j. to be such tina; the
party i'm power will be unable To consummate
their unholy purpose of sweeping away from their
present owners. and from their perhaps innocent
and certainly defenceless heirs, the lands of the
Southern States. and substituting in their places,
as owners Of the soil. the freed negroes Of the
South. and the more ignoble white who are
watching with vulturous eyes t. plunge upon the
con6scated spoil of the conquered rebels of the
South. Agains; such a scheme. sir, | would be
untrue To the best instincts Of nv own nature,
untrue To that divine religion which profess TO
honor. untrue to the principles of humanity, un-
lions and the constitutional jurisprudence of nv
1wn country, untrue TO the Union ami Constitu
ton for whose salvation would willingly give
my life, if did not enter my earnest and solemn
protest.
II i not bv such means. sir. nor by any of your
schemes of subugation and overthrow of States
and determination expatriaton of their people
tina, YOU are to conquer rebellion and restore the