Dallas herald. [volume] (Dallas, Tex.) 1849-1873, 1865-10-14

The Geographic dispatch from New York,
giving currency to the report that Presi-
dent johnson had decided that no confsca.
ton of property could be legally effected
] without the owner had boon judlcially con-
victed Sf treason, was read with general
satisfaction to the whole community, aud
We believe it will be regarded as an act
worthy the head and heart Of u wise, far
seeing and magnanimOus statesman, by
right thinking and generous minded men,
in all parts of the United States.
1t may be the report has obtained pre-
mature circulation, but in this regard we
can say that 1t was forwarded by our tele-
graphic agent at New York, whose fGcili-
ties for obtaining correct information are
unsurpassed, and the general accuracy Of
whose reports is proTerbiGl. II, however,
the report has obtained u premature pub
lcity, we are quite confident the period is
not far of tdal will witness its realization.
As q man of sterling good sense it is d if
fcuit to imagine that President Johnson
could take any other course than the one
indicated. The idea of declaring that a
man ia u traitor, and of trying him on p
charge of treason, conyicting him on that
charge, and OF confscating and selling his
property, without the party ever being ar
raigned before any court, and without the
forms and requirements Of law having been
complied with, will strike every calm and
impartial reGsoror as simply unjust if not
exceedingly prepo8tcrous.
Section 2, Art Ill, OF the Constitution
of the United State is explicit on this
point We quote: "The trial of all crimes,
except in cases of impeachment, shall be by
jury; and such trial shall be held in the
State where such crimes shall have been
committed" etc.
Section 3, same Article, declares: Urea
son against the United States, shall con-
sist only in lcvying war against them or
in Sdhering to their enemies, giving them
aid and comfort. No person shall be con-
victed Of treason unless on the testimony
of two Witnesses to the same overt act, or
on confession in open court"
From those clauses the intent of the
Constitution is apparent. The party chnrg-
ed with treason must first be indicted for
reasonable practices, then arrGigned before
jury OF his countrymen, be allowed the
privilege of counsel and of introducing
testimony in is his own Defence and tried
in open court, according to the forms pre-
scri6ed by law and universal usage.
When these formaGties are gone through
with and the party has been duiy convict
cd, the penalty he is personally to suffer
will be declared by the court, and n suit
for the confscation of his property may le-
gally commence; but even then the Con-
stitution expressly sets forth that "No at
tainder Of treason shall work corruption of
blood, of forfeiture except during The life Of
The person attained" As soon as the man
dies, or is executed by due process of law,
his property must be restored to his legal
heirs.
The practice in many places has been to
charge men with treason, libel their prop
erly, confscatc and sell it, without trying
the parties stigmatiscd as traitors in open
court before q jury, or paying any atteu-
ton 10 the imperative and unmistGkable
requirements of the Constitution. No Won
der, then, that President Johnson, as a con-
stitution and law-abiding man, should de-
termine that such procedures were opposed
to the supreme law Of the land, as we'll as
destructive in their tendency, and that they
should not be permitted any onger.-Irue
Deita, Sept. 25tk.