Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1866-12-15
speech of Zion. Thaddeus stevens.

Speech Of Zion. Thaddeus stevens.
Mr.LAwRENcE's bill, repeating so much
Of the act of April 3O,I 1890, providing for
the punishment of certain crimes against
the United States, as provides that. no per-
son shall be prosecuted tried or punished
for treason or other capital offense, except
the Indictment therefor shall be found by q
Grand Jury within three years next after
the treason or capital oflense shall be com
mitted, and providing that persons guilty
Of treason or other offenses may at any
time be indicted, tried and punished there
for, being up for consideration in the House
on the 11th, Hon. THADDEUs STEVENS made
the following speech on 1t:
Mr.. STEvENs-I have always looked rpon
bills that have evidently been prepared for
the purpose OF ascertaining how we can
convict men whom we cannot convict un-
der the laws under which the crime was
committed, with great dlstrust. | do not
believe that it becomes this Nation. do
not believe that tits safe for us to undertake
to pass laws by which we can punish men,
however guilty, who could not be punished
under the laws under which the crime was
committed. Can we now alter the Consti-
tuition SO as to change the place of trial of
traitors, and say that the ueRue may be
changed and that they shall be tried by
jurors summoned from another baillwick?
The Constitution and our laws provide very
carefully that especially treason cases are
to be tried in the PLACE where the overt act
is committed, in district previously ascer-
tanned by law and by ajury from that bail
iwick. Any law that proposes to change
that in any of its features, looks to me so
mucn like attempting kind of judicial
murder that | have been always AFRAID to
touch it. am aware that il the traitors of
the South were to be tried under our ex-
isting Constitution, not one of them would
ever be convicted. | should never attempt
to try them for treason. | should try them
as belligerents under the laws of nations
and under the laws of war. IU p.
a MEMBER-That is what you would do
if you were the Administration.
Mr.. STEvENS-I am speaking of what l
would do when | get into the Administra-
tiOn. Laughter l know that any at
tempt to try them for treason would be
failure although / would not discourage
the attempt. Imention this to show that
am fully sensible that none of them, under
our present Constitution and laws, can ever
be convicted, aud yet | would rather let
every man of them run unpunished forever
than make law by which they could be
punished. think our Government would
endanger its future existence and its char
acter for justice before the world. i think
that the British Government suffered more
from the murder of KOrd Russell, although
it was in execution of the sentence of a
court, than it would have suffered by the
escape of forty traitors. | think this Gov
ernment had better be careful how it tam
pers either with the crime or the remedy
for it. 1t is better to forego remedy for
the crime, which the world will view part
y as felo de Sc, aud partly as political of
| Tense. than TO attempt now to pass laws lest
lnalefactOrs should escape. This processes
to be q bill to make indefinite the time for
prosecution for one of those offenses which
| of all Others should be .quieted by the lapse
of time. Murder is different thing. There
are so many engaged, not only in treason.
but in rebellion, that there must be some
quieting law, and there ought to be, i'll my
Judgment, for it. 1t does not follow that
every traitor escapes who is not prosecuted
within three years from the time of the OF
tense. The statute of limitation does not
run in any case when it is impossible to
| enforce the remedy. 1t only runs from the
! time when it is possible to enforce it, For
instance, Benjamin is in Europe, so is Sill
dell. lido not suppose anybody would say
that while Benjamin was absent beyond
the seas the statute of limitation wonld
run. 1t only runs from the time when
he may he prosecuted and is not prose-
cuted. Whether that be so or not during
the continuance OF the war the crime con-
tinued. 1t was continuing oifense, and
that offense continued up to the time when
peace shall be proclaimed. Itnow has been
proclaimed. l know that a gentleman up
the avenue has put forth some pieces OF
paper which he thinks equal to the procla
nations of james or Charles, but they are
of no importance, and the question fpeace
or war is yet to be decided by Congress.
| / sag there is no peace. [Sensation.l THIS
nation is still in beuigerent condition, and
the conquered belligerents are in the p6l1er OF
| the cORqiIerOrS, TO be dealt SUith as cdptireS
and not as criminals. i can, therefore, see
no necessity tor this bill, but If there, were
anecessity for it, should certainly object
to any alteration of the law as it now eX-
lists with reference to treason, whichawould
enable the Government to convict where 1t
is confessed iteOuld, not convict under the
law as it stood when the crime was COM
mitted TshOald BIZ very glad to see con-
| dign punishment inflicted onmany of these
men, although not capital punishment. ]
read B0ccaccid when was a boy, aud have
never forgotten the principles which he
laid down. Ihave never been for olOody
punishment. Idonot consider that there
was sufficient atpnement made by the exc
cution of that magnificent leader of the re-
bellion, ricketty Wirz, the Dutchman with
the hlmp- who only. obeyedl the or
ders of his superioroffieers, and who, If he
we're tried in ordinary times and according
| to law, would never have been convicted,
because his Government was answerable
] for him. The 9idea that the starvation of
fifty or sixty thousand men is to be atoned
for by the execution of one of tile keepers
of the prison, Instead of being visited {On
his Government Is absurd. i.ot -3i'l'lo
| uiI VWd-,uIC .9iLuiN .Hl.I tEI TutV
| .G,-llAui
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