The Indianapolis daily herald. [volume] (Indianapolis, Ind.) 1865-1868, 1865-12-14
Treatment OF the south.

ton"
~
Treatment OF the south.
A bin presented IL the House to-day BY Mr..
Julian. q Indiana. proposes 20 30 amend the
Confscation law a. O. forfeit real estate be-
yend the hletine g ihe owner, In cases o.
treaeon.
senator I'VE. Of Nevada. will to-day intro
duee a bin DISTINGUISHING all who voluntarily
took the oath q alietirncc 10 the southern Con-
federacy.- Con. Pro. Monday.
The above proposed measures are both
Pomptcd b. the same spirit ofbitterness, Of see
tonal hate; both alike deserve condemnation
n impolitlc aud unjust. and the first, the pro-
position u Mr.. JULIAN. =, in our Judgment,
plainly In violation ~ the Constitution Of the
United Stste~.
There are two theories in regard tie status
Il the southern sta;ss. one, that Of the Radi-
Gals, that each o. the states which joined the
southern csnfedcricy isto be regarded a hav-
ing been ont 81 the Union. and, hence. a. being
now. when subjakatci. conquered foreign
territory and people; and, were this theory
corrcct. tn power ofdepriving the individuals
% that people of their lands couId. perhaps, De
cxcrrised; because tbey might probably be
regarded as ou' from under the operation of
the Constitution 81 nc United States. But
this j. not the theory oi the President. He
holds that the Confederate States Were never
ont a. The Union. and that what they did was
done within the Union; and that, hence, the
people e those states ar under the Consttu-
ton and Iesy- Of the Union; entitled ns well to
their protection on the one hand, az subjected
O. their penalties on ihe other; and in this view
the Democracy concur.
Thi. being the correct theory. tho property
81 those people eau not be forfeited, beyond the
VIZ. ~ tie owner.
The last clause ~ section 3, a article 3, Of
tn Constitution n tbs Unitel STATES reads
thus: The Con sress shall have power 10 de-
clare The punishmeni 4 treason, but no al
taindcr Of treason sh.n work corruption Of
blood. or foresture. except during the iifs u
the person attliutadP
JULIAss bill. ~ reforc, l. plainly mconsti-
tutional but were II consistent with the Con-
stiiuiioa, We would resist IL, 10 he last. As inn
polite.
MaCaIAvEL, who deduccd the principles Of
political philosophy. and statesman-hip from a
careful analysis Of history, laid down the pro-
position that a conqueror Of his Rebellion. sub
jccis should respect two things, viz: The women
and the property Of the conquered; because
the violation Of the former outraged the feel
ings Of humanity. and increased hatred; aud
The eonfscation of the latter wrongcd. and per-
petuafcd the hatredof. children.
But object to the proposed measures Of
JULIAN aud NYE for another and different rca-
son, and that l., that they are basel upoR a
'rroug conception 81 TIE great case peaiiay
before ne nation. They treat IL in a petit
Jogging way; they treat il as a ease OF ordinary
riot, conspiracy or treason. being heard IN a
court Of justice according 10 technical legal
rules. This is not the way in which this
mighty question should be regarded. The
contest Of arms Of the last five years. has been
but an episode in the great political and con-
stitutional contest which has been wagins be-
tween the North and the South for more than
thirty years past; a contest growing out Of con
stitutional opinions honestly entertained. and
constitutional wrongs honestly believed 10 hay,
been inflicted. Ours was peculiar govern
nIrnt none ike il before on earth: II was
constitutional government. formed by a solemn
compact, tcrifteH compact. between ths
sovereign states. specifying respective rights
powers and duties. The people Of the North
pacities a such. violated that compact by r.
fusing to fulfill its stipulations in favor Of the
southern ssatcs, which were not homogeneous
in some particulars, with the North; the
south sought redress, and failed 10 obtain
10. or pledges for future immunity. In the
honest conviction of right on her part. in ths
light Of the constitutional views she had ever
entertained. she attempted 10 peacefully -.
cedC from the Union; war followed. growing
out Of honest political differences as 30 the
mode Of redress FOR political wrongs. The
whole contest was political The terrible cpl
sode Of arms terminated against the south: her
people gracefully submitted; and now accept
the rpsat. seek To at again with the Union a.
IL was. subject to the changes the war itself
wrought, and this ought At onco to cud the
controversy, and nothing ought now to bee done
10 prolong our domestic troubles. bat every
thing to soothe and heal the wounds that have
been made, and obliyiate the bitterness they
produced
In this view. Il i. that we hold that the con-
test between the two sections rises high above
the case Of ordinary rebellion in the old insti-
tutionsl monarchies Of Europe: rises IN dignity
as well rs in character. and should not Tor !
momcni, be hksncd to them. There was ne
malice hi IL origin twas political contest
IN principle The south were beaten after 2
gallant struggle: they submit as gracefully a
AFTER defeat at a Presidential election in,olv-
ing general national questions. admit The con-
>titutoaal question involved in the
tate sfrusgie % be decided against them. and
they ought 20 be met BY the North in the same
spirit. without any attempt go dictate T. them
in their domestic state affairs. or 10 humiliate
and harass them As American citizens. by
new, unjust oath-. and othcr malignant mea-
Hsres. let " hsye peace and POOL viii. The
people 90 both sections are gallant patriotic
-. -.