Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1864-02-26
ooNfIsCATED PRoPBRrr.
SPEECH OF HON. F.E. WOODBRIDGE,

Nh NoOnHHfDuH. Mt. Speaker 1 hhd NOT tntcnoed
TO occupy the time Of the House in discussing the sub
iect now under consideration but ~ the debate has as
surnsd proportions which did not anticipate, and as
am member OF the COMMITTEES which reported the joint
resolution il is due to myself briefly as may, 10 ex
press the views which control my action shall treat
the con6scaon act 20 far as legislation s concerned,
a -, od,S,rafa The VARIOUS questions arising under
H. upon the best minds Of the last Congress hon
esy dfe ed, will doubtless when me proper occasion
Aamit,ins eon6seaiioO to be the settled policy Of the
country and the eondscson &C, 10 be the aw Of the
land shall direct my remarks 10 the po Mt as to aow
far the property Of the rebels may be taken under H. and
whether there Is any constitutional o9leeon . epiofe
Respecting the rebeiout States two extre me grounds
have been tahsn First that they are sui IN the
Union with all their former rights not impaired, bot
temporarily suspended by violence and wicked rebellion
and that upon il suppression all these rights again vest
Second. that they out Of the Union, having for
feitcd by solemn remuneration OF their obligations
to the Federal Government aud war upon It, all
claim to Inc ,iybts and privileges accorded 10 them by
the CONSTITUTIONS and hence are TO be treated as alien en-
cmies | confess sr, that with my present views, am
inclined between ne two to adopt the hfst position,
with important notifications.
am aocustorned to listen the dstin guished and
penenced gentleman from Pehn-ysAnia with the great
cot interest. and always dstfust myself when differ
from him but sir, when We admit the reOehious states
T. be beigetenh and alien enemies, the war assumes an
aspect aud is controlled by laws and principles which
do not propose 10 extend 70 rebels ia arms IS amen Gu
cmies they TO be treated under the Law Il nations
and municipal regulation law Of ours can affect
their status either % person property or IN other
words neither add detract irom their rights
established by the laN Of nations When We eo"oede
them 10 he alien enemies We copct Dc the territory which
thoy occupy 10 be alien territory. by force OF arms we
may occupy IL but by occupancy do not dvest the IL
lie to the reality except far may rest in the pub.
Ac. SuppOss were Al va with Great Britain and
marched armies into Canada. BY the law Of nations
may occupy and their lands Tor the convenience
and comfort " our armies or may or take away
subject municipal regulations whatever per
soualr We may capture but could dycst under the
law VI nations the title o. the reality think not; aud
hence We 'fea he rebels as alien enemies the oonhs-
cation act Is unnecessary.
ne iufe of the Union, they may be. II the
rChelpus states within the Union, they cannot De.
The position Of hc South fa the character of the
war s concerned, depends in my judg nent upon the
luton OF single question Can State eirher by an
ordinance Of secession by the uprising of the people
take itself out Of the Unioui do not consider il neees
say to discuss this point 70 loyal and intelligent gentle
men Upon The other hand, II we adopt the view that
hc rebel ous Staies have not dissolved their allegiance
20 and connection @iih the Union, then eon6scauon
Law is bot only wise but may be legally forced Treat
the rebels As rebels and the rebellion and the
oonhscaion act as municipal regulation is effective.
ana elective upon the ground that q operates upon the
property u those Who have wickedy tenounced and op
posed by arms the Government to which they ose Aes
anee. Treat them As alien enemies, and the a
contest between ions. and the element of allegiance
drops out and the Law of nations alone is applicable TO
The conflict The municipal regulations Of neither
side the other change the status or condition Il
tler person or propc ty
Npv sir the conhs.Auon act proceeds upon the dis
tnc' ground that he a rebellion, and that those
ased n rcir5 Tho FIRST section provides hat
every pc who shall commit the crime Of treason
sgaus the United states, aud shall be afjudged guilty
thereof shall spfr death and al his slaves any, shall
be declared and made free the discretion Of the
court be shall be- imprisoned Tor not les than five years
aud fined not less than ten thousand dot and all bis
slaves be dcciarcd ee and that said hne shall be levied
ahu ,o eot'a on he properly real ana personal eReud
in' slaves ot which The P'ron was the owner when the
crime was committed.
The second seeion provides thu, Il any person sh,
hereafter uce, sf foot, assist, 10 any
cehoH or tHitTrecfOn agAEst the authority of the Un
ted States, the laws thereof OF tha give aid
fort thereto or shall engage give aid comfort to
. ia,
vcted thereof he -ha be pu ished by upusonmcnt fr
period exceeding ten yesrs OF dy fne not exceed
ink ten thousand dollars both Of said puushmenis
section dye-and the objections from the other side
arc manly TO this scctou-ffoudes that 20 insure the
may be seiztdby ihc President in certain without
uial aud conviction Of the aud applied ht the
support Of the Army, after condemnation, provided in
the aupsequent sections of the act Thus the whole b
based upon the fact the is eor aud the
penalties are against those engaged in 1t as rsbeh and
Now, sir lc, us for moment examine the arguments
used by gentlemen upon tAc other de Of the House
ganst ne con'iluuonah,y Of me law
IL Is said that the law is unconstitutional because II
takes the real estate of persons engaged ia agau,
the Government and urits t in e. that the persons
are q, facf0 and de- itait0s that their acts constitute
the Of defined law. aud that hy the
provisions Of the Constitution no AtAindcr Of treason
shall work corruption 4 blood orfeitu except dur
ing HE life OF the persons A'tainted Inc answr is
there is no auaiudcf 81 treason under the law. Wha. IS
an attaintf There never has been snrh thing Ia this
country. Ia England It was the necessary incident to
and consequence o conviction and judgment for treason
oc'na'ri OF he cn could not inherit through 'hr gun
ty ancestor aud forfeiture "a fee not only of the
which he held IN entail The forfeiture or atander
OF treason is involved In the conf -a,ion law.
As apunshment for treas per there is no forfeit
~ estate for Boz 1870 Congress expressly declared
that there should be no corruption Of blood Or any for
feiiure Of estate
Now the conhscaton act simply declares that ahoso
shall commit the crime Of treason and be adudged
guilty thereof shall suer death aud forfeit his slaves,
be imprisoned and dued NOT less than ten thousand dol
A Ien gnls fhtta uT fufa a
ny rebellion or nsurtecon, OF who shall give aid or
fort 20 any person engaged in any rebellion nsurec
ton shall upon eonNeuou' be imprisoned, fined, AID
forfeit his slaves.
do not understand that is couended that slaves
personal ohattes may be forfeited absolutely tits
doubtless the law. stated by h gentleman from Petn
syiYania, that he forfeiture n personal property for
hour is flrfC ule forever. Certainly Congress has
power TO declare what shall constitute treason and what
the punishment shau be Under the law Of the last
Congress one portion Of the punishment was, 6ne of
NOT less than ten tho sand dollars to be levied and col
ected upon the estate OF he offender bota real and per
sonal As there is no provision Of the Constitution
which by any construction render such punishment
illegal, It necessarily follows that by niirection Con
Rrees work absolute forfeiture Of all the real
tate Of the convicted offender wne as direct sure
the gentlemen the other side il
forfeit ue interest 10 practical man this Is "a h.
tr absurd
the Horse 10 rest 10 the hth section. Under this
section the forfeiture is not as penalty for the crime Of
conviction Of treason, and without conviction there
be punishment 1t merely provides for the seizure II
the estate Oi certain persons A. cNeht OF he
ted States have assumed 80 throw of their allegiance
the Government and by force Of arms seek 10 destroy
Is this seizure lewiu In my judgment, under all
the Circumstance II is BY natural law, which is he
only law by which individual rights governed before
men form themselves into organized societies, there Is
no such thing the nsht of property in real estate.
person can only own and enjoy what he occupies and
hence he Is under ihe protection Of Law except the
law uf force When, or the sake Of mutual protection
form themselves il to societies aud organized gov
ernments those natural rights abandoned and obi.
CATION TO Government Is assumed aud protection from
Government guaranteed, both TO person aud property
When our COnst tuition was established il was not done
by States such LIS pTeAmbl, is, " Nc the people Of
the United States, in order 10 form perfect Union
establish justice, insure domestic trahquity, provide for
the common defeuse, promote the general welfare and
secure the blessings OF liberty ourselves aud our pos.
tery, do otdaln and stAblsh this Constitution for the
United States ~ Auielca." Now, under this Tonstu
tiun aud the Goytumen based upon il, what the
lights and duucs vi the citizen, and what the pow and
duty Of the Cove nmenti The duty Of the citizen was
allegiance, and upon the performance Of that duty rested
his iigtt TO pfolcouou. The duty Of the Government
was 10 extend 10 The citizen prot ctin both to per
aud property, aud that obligation only imposed by
virtue u the allegiance Of the citizen The duty Of the
ef hovcnmcnt and the ubigaiuu II the citizen
AL Whenever The citizen dfcgsfds his obligation,
throws Of his A gAnco aud thtusis the assassin dag
ser at ue heart pi the Government, he only
The highesi ernie but forese abaoyes the Goyenne
from Tie du5 OF extending its protection either to his
person property