Indiana State sentinel. (Indianapolis, Ind.) 1861-1865, 1864-03-14

g00o thing, Dut II was clear fat after the argu-
:, ment of the President himself in his veto mes
sage, and after the doubt expressed by the So
5 lcitor OF the War Department, it would not do a
{ once to say, even upon the high authority o
Judge Underwood, thatthe joint resolution meant
{ nothing and could be discarded nor to say thai
4 the Constitution did not mean what the Presi-
dent, sustained by the highest constitutional au.
thorties, said it did mean. But if that resolution
were out OF the way, or its effect neutralized by
3 legislative enactment or explanation, there was
room for hope that other judges, in the Supreme
{ Court of the United States, might be found as
wise and patriotic and loyal as Judge Under
r wood. who like him would hold that ezcepf in
constitutional law meant anless say there Vas
:. some ground for this hope, and why? fbe vast
learning and integrity of the accomplished Story
honored in both hemispheres, were no longer in
the Supreme Court. The massive intellect and
unsullied honor Of Marshal were no longer pre-
siding there. The wise and pure Mclean had
, also ceased to 1--we and the lamp of life.of the
venerable Chief Justice. whose mind had shone
Ike sun in that great tribunal for more than
thirty yesrs, is feebly fickering and might 10 .
moneut 60 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 to its poll
cy and ready to do its work easily provide, as
has already been proposed by bills in this House,
Tor additional judges, equal in judicial Integrity
wood. who would judicially declase that ercept
meant unless, and that therefore the Constitution
did not prohibit punishment of treason the
forfeiture of the fee simple of traitors estatef
Where there is will there is way. The joint
} resolution could by Congress be amendeizend
explained, and the Supreme Court could be so
organized as, not only in this case but on other
stitution to be in accordance with the policy and
desires of the radical and revolutionary men who
are determined to control, and do control, this
j Administration
u do not hesitate, Mr.. Speaker, upon my re-
sponsibility as a Representative. to say that the
Chief Magistrate who made the declarations of
the Presidents Inaugural Address of March A.,
1861, under the solemn sanction Of an offlcial
oath, in the presence of people whose hearts
were quivering with intense interest and fear for
the nations fate fear of disunion and civil war,
and who was afterwards capable of making and
declaring as the law of this land the proclama-
tons of January l and December 8, 1863, is
capable of so organizing and influencing the SUI
preme Court of the United States, that it. or a
majority of il will declare that the Constitution
of the United States means just what this Ad-
mnstratior wants it 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 reyolutionists will use If need be. Ambi-
Il 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 the title
"honest"
have thus, 1 think, truly traced out the mo-
tive or nducement the introduction of the
| joint amendatory resolution now before the
House
L. This resolution proposes to substitute in
place of the language of the joint resolution of
July IL, 1862, which, whether that was the effect
of the second clause of section three, article
three Of the Constitution. or not. absolutely pre-
vented the forfeiture of more than life estate,
the words "except during used in the Con-
stitution itself, instead of beyond as used in the
original joint resolution; the word Except" be-
ing the little loop whereon the astute Underwood
had hung his doubt. The word "real" before
estate in the original resolution Is also proposed
to be stricken ont by the amendment.
Il 3 For fear that this amended phraseology
might still be construed a restriction upon the
power OF forfeiture beyond life, the intent and
meaning of the proposed amendment is declared
to be- that the operation and effect of the confs-
cation act is only limited so far as to make it
conform to the Constitution, sec. 3. article g. In
other words, it means tha, the act of confscaton
may be treated as empowe wering absolute conhsca-
ton OF all rebel property subject to the decision
of the United States Supreme Court upon the
question whether more than life estate can be
forfeited under the act 1aa
2 The amendment provides that the Pres-
J dents proclamation of july %. 1862. based on
section six of the act Of July Il. shall be held
sufficient warning and proclamation 70 bring all
offending persons within the operation of confs-
cation; that il. that such proclamation should
establish the right and fact OF forfeiture, dating
sixty days after July 25.- 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,
and is another evidence Of the vndictive and
unjust spirit that pervades the confscation policy
The Presidents warning of July IS, 1862. es-
tablished period of sixty DAYS after that date
the time when life estate only should become
forfeit. the confscaton act prohibiting any great
er forfeiture than that Now, by virtue of this
joint resolution. If the Supreme Comt decides
under il that the fee may be forfeited or confs-
Gated the forfeiture is to be held to relate back
to sixty days after July 25. 1867 and divest the
fee simple from that time; when at that lime
there was no law by which more than life estate
could be forfeited. This is to all intents post
facto and retroactive legislation; imposing a
greater punishment upon crime tnan the law
warranted when the crime was committed
IL is therefore apparent to my mind, Mr. Speak
er, from the term of the joint resolution itself.
and from tue tenor of the arguments of the gen.
tlemen who favor it, that it is foregone conclu-
sion and we'll understood that the judicial inter
pretation of the act of July IL, 1862, after this
joint resolution is passed. is 10 be such that the
party in 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 ignobie white men who are
watching with ynlturous eyes to plunge ipon the
confscated spoil of the conquered rebels of the
South Against such a scheme, cir, would be
untrue to the best instincts of my own nature,
untrue TO that divine religion which profess to
honor, untrue to the principles Of humanity, un-
true 70 the cardinal principles OF the law OF
tions and the constitutional Jurisprudence of nv
own country, untrue to the Union and Constitu
ton, for whose salvation would willingly give
my life, If did not enter my earnest and solemn
protest. ~ - H irls.'
1t is not by such means, sir. nor by any of your
schemes of subugation and overthrow of States
and determination or expatriaton of their people
that YOU 20 conquer rebellion and restore the
u Union and Constitution to their pristine peace
and integrity The work of true restoration
must begin in the hearts of the people, in driving
out hatred and malice and mean cupidity, in re-
storing reverence for the Constitution and its ss-
cred obligauons in disposition to temper justice
/ with mercy, in disposition to bury in oblivion
! the follies and sins of the past '9r
/ Il may be- sir, and nv political action hitherto
has been based upon the idea, that the war may
be a necessity Of longer, indefinite duration. 1t
is certainly fact of present existence, and its
responsibilities are upon and not to be ignored
nor escaped. So long as armies are in the field,
watching and waiting to destroy or conquer each