Green-Mountain freeman. [volume] (Montpelier, Vt.) 1844-1884, 1864-02-16
C0NFIsCATED PROPERTY
SPEECH OF HON. T. I, WOODBRIDGE
or VERMONT,

In The House Of Representatives., Fs'runry 4,
1864, on the joint resolution to amend the dct
10 suppress instruction, 10 punish treason aud
rebellion, 10 uize and confscdte III. property 81
rebels, and for other purposes
Mr. Speaker, had not intended 10 occupy
the time Of the House in discussing the suhJss!
now under consideration, but os the debate has
assumed proportions which ! nd aot antclpais
auc as an member tf the committee which
reported the joint retolua0u, it is due 70 myself
briefly as | may, to express the views winch
control my action. ! shall treat the coniscalIon
act, so lar as legislation Is concerned, as "ftJ
adjldtedid The various questions arising undsr
it, upon which the best minds Of the last Con-
gress honestly offered, will doubtless, when the
proper occasion arser, receive judicial eonslruc'
ton from the highest legal LHbunai IN the iHnd'
/ Admitting ccptiscatlon TO be the settled policy
Of the country and the confSCatiun act 70 be
/ the law Of the land shall direct my remarks TO
the point as how far the property OF ihsrebeIs
NAV be taken under H. and whether there any !
constitutional objection to enforcing rs provisions
to the extent claimed by its friends
Respecting the rebellious Sa'es, TWO extreme
grounds seem to have been taken First tia
they re still in the Union, with all their f,rmer
rights not impaired, but temporarily suspended
by violence and wicked rebellion, and ths! upon
its suppression all these rights again vest. Sec.
ond, that they are out Of the Union, having Tor
feted, by solemn remuneration Of their obligations
to the Federal Government and war upon IT, all
claim to the rights and privileges accorded to
them BY the Constitution, and hence are to be
treated as alien enemies. confess, sir, that with
my present views, am inclined as between the
two to adopt the frs p'dion, with important
notifications.
am accustomed to listen to The distinguished
and experienced gentleman from Pennsylvania
with tho greatest interest, and always dlhrusl my
aef when differ frem bin but, sr, when we
admit the rebelious States TO be belll2ereuts and
alien enemies. the VII assumes au aspect and 1.
controlled by laws and principles which do not
propose TO extend to rebels il arms. As alien
enemies they are to be treated under the law Of
nations, and no municipal regulation or law Of
ours can affect their status either 10 persons or
property; r in other words it can neither add to
nor deract from their rights as establishsdby the
Law OF nations When We ConCede them 10 DO
alien enemies, we colcede the territory which they
occupy to be alien territory. BY force OF Nms
se may occupy i, but by occupancy we do not
dvest the title TO the realty except so far as II
r may rest il the public. Suppose we we're at war
sith Great Britian and marched cur armies into
a Canada. BY the law Of nations we may occupy
and use their land. for the cJnvenisnce and com
fort Of our armies Of may use or take away
subject 10 our own municipal regulations, what
ever personality We may rapture; but could ~
T. dses under the " Of nations the title to th'
: realty, | think not and hence il We treat th'
n rebels as alien enemies, the c)uhscalon acl is un
il necessary.
n Are the rebels alien enemias7 If The rebel
It Iious States are de jure out Of the Union, the.
"a may be. II the rebelious States are within h
~ Union they cannot be. The position OF the South
n 80 far as the character of the war i, concerned
0 depends, in my Judgment, upon the solution OF
ia single question. Can State, either by an ordl
At nance Of secession OF by the uprising Of the peop
NJ take itself out Of the Union ; do not consde
I'd it nec sssry to discuss this point to loyal and IL
an telIigent gentlemen. Upon the other hand, il v
~ adopt the view that the rebeous States ha'
an not dissolved their allegiance 10 and connectio
N. With the Union, then eonhscation law Is not on
he wise but may be legally enforced Treat tn
,ra rebels as rebels and the war as rebellion, an
,is III coniscation act as municipal regulation
~ eff ctye, and effective upon the ground that
operates upon the property OF taoe who ha'
.ce wickedly renounced and opposed by arm, tt
II. Government to which they owe sIleglsnc Ire
he them as alien enemies, and the war as souIe
he between nations, and ths element Of illeglsnt
w. drops out, and the law Of nations alone ia apphe
Bile 10 the conflict The municipal regulation
of neither one side or the other can chang
the status or condition OF either person or pro
m erty.
Now, sir, the confscaton act proceeds up'
'" the dislct ground that the war is rebtlho
III and that those engaged ID il are rbas II
vas fret section provides that every person no az
ant commit the crime Of treason against the Unit
re- States, and shall be adudged guilty thereof SIN
go suffer death, and all hs sves, II any, shall be
ing clared and made free or, at the discretion
on the court, he shall be imprisoned for not IL
an than five years al fined not leis than ten tho
d. sand dollars AID all his slaves declared Tree a.
the that said fine shall be LEVIED and collected 90
'rs' property real and personal, excluding slaves,
ler which the person WAS the owner when the erlu
sol was committed
ana The second section provides that II any era
I'D .hsll hereafter ncile set oct, assist or enga
be in any rebellsn or inslurecOn against the auth
ity of the United States, or the law, thereof,
IN shall give aid or comfort thereto, or Shall enga
in or give aid or comfort to any sueh existing
bellion or instruction, and be convicted thsl
OF, he shall be punished by imprisonment for
far period not exceeding ten years, or BY Tine l
let eAeesdhg ten lhousahu uohais, u oo'n u .
.trs punishme is.
liner. Section tive--and the objections from the oil
$50 aide are mainly to This secton-pro'idss that
rim. insure the speedy termination OF the present
Test beion, property may be seized by the Preside
in in certain cases without trial aud conviction Of
l,ss owner, and ap, lied for III support Of the arm
ocE. after condemnation as provided in the sub,equ
sections OF the act. Thus the who.e bill i, bai
1881, upon the fct that the war is rebellion, and
oney penalties are against those engaged in il as rel
i tn. and because they are rebels.
Now, sir, let Us for moment examine tie
guments used by gentlemen upon the other ,
. Of the House against the constitutionality OF
'o'" law.
lett 1t il, said that the law il unconstitutional
Col cause il takes the real estate OF persons enba
,o,k in war against the Government aud forfeit,
1, in fee that the persons are de facto and de J
of'" traitors that their acts constitute Tho crim,
lviee treason as defined by law and that by
came provision, OF the Constitution no sttainder
ugs treason sua'l "o'. Sol'uPlo" ~ oooo =. .or,
The answer is, there is no attander Of lrea
luip- under the law What is an ass.iut2 There
pirlts er has been such thing in this country.
With England it was the necessary incident to and
sequence Of conviction aud Judgment for lrea
and carried with 1t corruption OF blood, wher
,,,. the descendant of the elon could not inh
60 through the guilty ancestor, aud forfeiture in
not only Of the real estate which the lelon ow
Off. in perpstuity, but also that which he held