The Burlington weekly hawk-eye. [volume] (Burlington [Iowa]) 1860-1876, 1864-02-20

1 OUA Oos0SC IA IC0 SIuuRlO NJ uuSOActsVNsAOAA
al. We allege that it is not. Here is an is
sue joined, a grave constitutional ISSUE
Who shall decide it? The joint resolution
now before the House says, "the Courts"
The supporters Of the resolution say, "the
Courts" Gentlemen on the other side Of
the House have been accustomed to give
| the same answer in regard to every ques-
ton arising under the Constitution. Why
not give the same answer now? Why get
shocked just at this particular time, and
by this single proposition? No loyal man
is to be hurt The Constitution is not to be
INJURED, for it is to be placed in the hands
OF those whose duty it is to interpret it,
| whenever such questions as the one now
before US arise. Why resist this purely
constitutional method Of disposing of an
Exciting question? If the blow should
fall heavily it will only crush the men who
have enyoloped this Nation in the red
flame OF war. Broken their allegiance to
the best, the mldest Of human Govern
ments, alone will sever the cord which sus-
pends the dead weight of constitutional
forfeiture, and cause i, TO descend upon the
heads Of those whose criminal hands are
engaged in the dread work Of all unparal-
lcled treason. Traitors have assumed all
of the risks connected with their stupen-
dous crime. Why should gentlemen in
this House voluntarily step forward and
become their underwriters? Gentlemen
may christen their strange conduct ''phil-
anthrophy, humanity" or by any other
kind OF name they please but history will
draw black lines around this baptismal
ceremony, and expunge il from the page OF
truth.
The vital part OF the joint resolution as
reported by the Committee on the Judicia
ry is that which substitutes the language
OF the Constitution for that used in the
ljont resolution Of July nth, 1867. No ar
gument can force the resolution into auy
other shape than the strictly constitutional
form in which 1t was nodded by the Conn
mittee. There il stands as infiexifJe as the
Constitution itself. The Constitution and
pcrty form the sole question on which we
are to pass. From this question gentle
men recoil. They fear the Courts which
heretofore have received their alteration,
and are shocked by tue "cruel and re-
morseiess character" Of the Constitution
Why2 Because both are against traitors
Let hlm give better answer who can.
Sir, want no stronger evidence OF the
utter want Of faith on the part Of the gen
uemen who stand opposed to me il, the po-
; sition they have assumed in relation 10 the
extent OF constitutional forfeiture than that
which their opposition 10 thi, resolution
affords. / ask not for n more complete ad
: mission from them ot ,he perfect harmony
. OF this resolution With the Constitution
!. and OF its ability TO render more swift and
sure the punishment due TO treason. ! am
content with their denunciation Of this
toint resolution, for it only exhibits their
hatred OF that stern Justice of the Cunsti;u-
: ton with which the fathers clothed il for
J the purpose ri armcring il against The in
iernal assaults to which il il now subjected
: by the armed traitors who seek 10 destroy
il / love To read the motives of men, and
in my reading never spurn HE indexes
furnished by those whose secret springs OF
!
: not at taul; ia my reading now, although il
may force me 10 the conclusion that those
who oppose this JOIN. resolution are more
intent upon the hope of future power than
they are concerning that justice which
the present deilands.sa a. u>tice 20 rebels Is
mere, TO loyal men, and regret that this
! rGle ls not recognized by those who are
! constantly telling as that they are anxious
to vote for every constitutional measure to
2 put down this rebellion, and who now
stand in solid array against one which is the
the Constitution itself. Men who intend tc
strike rebels Go not waste their time in
wardng OF blows which other men aim in
the same direction. Professions do no,
amount to much when confronted by 4 hos
I tile fact. Words are as feathers IN the
u scale when acts L-ing down the other end
: Of the beam.
MIR. Speaker, my mind has never enter.
a tained doubt OF the power of Congress tc
provide for the forfeiture, absolutely and
forever, Of the interest a rebel NAV have
= description; real, personal and mixed
: quadruped and biped. All may be reached
q and it is a mere question OF policy fol
;, Congress to determine how far the power
;, shall be exercised. He who raises hi,
= traitorous hand to destroy the Constitution
: and Government is entitled to but LITTLE
;. protection from either. Both were mad,
- :, for the protection Of the loyal, but neither
y | was created to shield men who turn from
:, loyalty to treason, from being peaceful cit
:. izens to bloody handed rebels. Such right.
! = as the laws OF war accord to q public enc
my, All active belligertnt, are those which
the rebels OF this country can claim, ant
none other. The constitutional gunran
tees concerning life, liberty, and property
: are the just and rightful possessions Of tn
- loyal people; bit the traitor who would de
strOy all has no right to set up these grea
:, securities to save himself from the right
= eous infections which an outraged and i'm
periled Government may see proper to i'm
II pose upon him. The Constitution was es
tablished TO organize, protect, and perpet
l. uate the Republic, not to strengthen tn
J. hands of those who would destroy it,
le Traitors have invoked the laws of war, an,
to them must they look for their rights an
e protection. They understand this rs wei
l. as we ought to. The rebels do not CLAIM
e. the protection of the Constitution. The
,e boldly, resolutely, defantly spurn tn
/. Constitution, and reject the theories whic
n are advanced in this House in their behal
!, They fully comprehend their position a
a belligerents. 1t is their own creation, an
y they are content with it. l will not ente
le upon an argument To sustain these views
D. for, as ] have heretofore remarked, the
OF have nothing to do with the subjec: befor
e. us. Congress has already expressed il
NJ opinion upon these questions by the pas
y sage Of the ccnfiscation act, SO called, {
N 1862, which is now the law OF the land, il
policy approved by the people, and its cor
N stitutionality sustained by the courts.
le 1t has been said that it is inexpedient t
', pass this joint resolution; that we shoul
as not do anything which would tend to tn
o. enlargement of the forfeiture now provid
le ed by law; that we must conciliate, nc
I'd punish traitors; that kindness should
4 our weapon instead Of the stern power
st which the Constitution has provided for tn
80 punishment and subjugation of rebels
Of that we must win back our ''erring breth
A. rem" by manifestations of forgiveness
y charity, and love. Sir, what kind Of ad