Year: 1864

g00o thing, Dut II was clear fat after the argu-
:, ment of the President himself in his veto mes


sage, and after the doubt expressed by the So
5 lcitor OF the War Department, it would not do a
{ once to say, even upon the high authority o
Judge Underwood, thatthe joint resolution meant
{ nothing and could be discarded nor to say thai
4 the Constitution did not mean what the Presi-


dent, sustained by the highest constitutional au.


thorties, said it did mean. But if that resolution
were out OF the way, or its effect neutralized by
3 legislative enactment or explanation, there was
room for hope that other judges, in the Supreme
{ Court of the United States, might be found as
wise and patriotic and loyal as Judge Under
r wood. who like him would hold that ezcepf in
constitutional law meant anless say there Vas
:. some ground for this hope, and why? fbe vast
learning and integrity of the accomplished Story
honored in both hemispheres, were no longer in
the Supreme Court. The massive intellect and
unsullied honor Of Marshal were no longer pre-
siding there. The wise and pure Mclean had
, also ceased to 1--we and the lamp of life.of the
venerable Chief Justice. whose mind had shone
Ike sun in that great tribunal for more than


thirty yesrs, is feebly fickering and might 10 .
moneut 60 out In the night of death True.
!, Grier and Nelson. Wayne, Clifford and Catron


were still there; but might not this Congress. de-


voted to the Administration, pledged to its poll
cy and ready to do its work easily provide, as
has already been proposed by bills in this House,
Tor additional judges, equal in judicial Integrity





wood. who would judicially declase that ercept


meant unless, and that therefore the Constitution


did not prohibit punishment of treason the


forfeiture of the fee simple of traitors estatef


Where there is will there is way. The joint
} resolution could by Congress be amendeizend


explained, and the Supreme Court could be so
organized as, not only in this case but on other


stitution to be in accordance with the policy and
desires of the radical and revolutionary men who


are determined to control, and do control, this
j Administration


u do not hesitate, Mr.. Speaker, upon my re-


sponsibility as a Representative. to say that the
Chief Magistrate who made the declarations of
the Presidents Inaugural Address of March A.,
1861, under the solemn sanction Of an offlcial
oath, in the presence of people whose hearts


were quivering with intense interest and fear for


the nations fate fear of disunion and civil war,


and who was afterwards capable of making and


declaring as the law of this land the proclama-


tons of January l and December 8, 1863, is


capable of so organizing and influencing the SUI


preme Court of the United States, that it. or a


majority of il will declare that the Constitution


of the United States means just what this Ad-


mnstratior wants it TO mean, regardless of the


history, the wisdom and the judicial precedents


of the past. We live. sir, in the midst of great
revolution. and of the ways and means to ends,


which reyolutionists will use If need be. Ambi-
Il ton and suddenly acquired power may and do


corrupt and drag from their moral moorings the
souls even of men who have had greatness thrust


upon them. because their neighbors and the


world applied to them the epithet the title


"honest"


have thus, 1 think, truly traced out the mo-
tive or nducement the introduction of the
| joint amendatory resolution now before the
House


L. This resolution proposes to substitute in


place of the language of the joint resolution of
July IL, 1862, which, whether that was the effect


of the second clause of section three, article


three Of the Constitution. or not. absolutely pre-


vented the forfeiture of more than life estate,
the words "except during used in the Con-


stitution itself, instead of beyond as used in the
original joint resolution; the word Except" be-
ing the little loop whereon the astute Underwood
had hung his doubt. The word "real" before


estate in the original resolution Is also proposed


to be stricken ont by the amendment.


Il 3 For fear that this amended phraseology


might still be construed a restriction upon the


power OF forfeiture beyond life, the intent and


meaning of the proposed amendment is declared


to be- that the operation and effect of the confs-


cation act is only limited so far as to make it


conform to the Constitution, sec. 3. article g. In


other words, it means tha, the act of confscaton


may be treated as empowe wering absolute conhsca-


ton OF all rebel property subject to the decision
of the United States Supreme Court upon the


question whether more than life estate can be


forfeited under the act 1aa
2 The amendment provides that the Pres-
J dents proclamation of july %. 1862. based on


section six of the act Of July Il. shall be held


sufficient warning and proclamation 70 bring all


offending persons within the operation of confs-


cation; that il. that such proclamation should


establish the right and fact OF forfeiture, dating
sixty days after July 25.- 1862 This provision


leaves no door of escape, except through the


mercy of the President to offenders who. though


then rebels may since have ceased TO be such,
and is another evidence Of the vndictive and


unjust spirit that pervades the confscation policy


The Presidents warning of July IS, 1862. es-


tablished period of sixty DAYS after that date


the time when life estate only should become


forfeit. the confscaton act prohibiting any great


er forfeiture than that Now, by virtue of this


joint resolution. If the Supreme Comt decides


under il that the fee may be forfeited or confs-
Gated the forfeiture is to be held to relate back
to sixty days after July 25. 1867 and divest the
fee simple from that time; when at that lime
there was no law by which more than life estate


could be forfeited. This is to all intents post


facto and retroactive legislation; imposing a
greater punishment upon crime tnan the law


warranted when the crime was committed


IL is therefore apparent to my mind, Mr. Speak
er, from the term of the joint resolution itself.
and from tue tenor of the arguments of the gen.
tlemen who favor it, that it is foregone conclu-
sion and we'll understood that the judicial inter
pretation of the act of July IL, 1862, after this


joint resolution is passed. is 10 be such that the


party in power will be unable to consummate


their unholy purpose of sweeping away from their


present owners, and from their perhaps innocent


and certainly defenceless heirs, the lands of the
Southern States and substituting in their places
as owners of the soil, the freed negroes of the


South, and the more ignobie white men who are
watching with ynlturous eyes to plunge ipon the
confscated spoil of the conquered rebels of the


South Against such a scheme, cir, would be
untrue to the best instincts of my own nature,


untrue TO that divine religion which profess to


honor, untrue to the principles Of humanity, un-
true 70 the cardinal principles OF the law OF
tions and the constitutional Jurisprudence of nv


own country, untrue to the Union and Constitu
ton, for whose salvation would willingly give


my life, If did not enter my earnest and solemn


protest. ~ - H irls.'
1t is not by such means, sir. nor by any of your
schemes of subugation and overthrow of States
and determination or expatriaton of their people
that YOU 20 conquer rebellion and restore the
u Union and Constitution to their pristine peace
and integrity The work of true restoration
must begin in the hearts of the people, in driving
out hatred and malice and mean cupidity, in re-


storing reverence for the Constitution and its ss-
cred obligauons in disposition to temper justice
/ with mercy, in disposition to bury in oblivion
! the follies and sins of the past '9r
/ Il may be- sir, and nv political action hitherto
has been based upon the idea, that the war may
be a necessity Of longer, indefinite duration. 1t


is certainly fact of present existence, and its


responsibilities are upon and not to be ignored
nor escaped. So long as armies are in the field,
watching and waiting to destroy or conquer each