Year: 1864




reported back with recommendation that it do pass
Joint resolution to amend joint resolution explanatory OF
an act to suppress nsureoou to punish treason and re-
beon and confscate the property Of rebels and
for other purposes. approved July ~, 1862.


This joint resolution amends the joint resolution OF July
~ 1862 by making it read that punishment or pro
eture Of the estate of the offender except during his %
the amendment being intended to limit the operation and
effect Of the law only far TO make them conformsbe
to section three article three of the Constitution Of the
United States.


Mr. WILSON said he was directed informally to offer
the following amendment:


Prorided That other public warning proclamation
or S be the
dent, made and published by him the 25th July 1862
wash % 20 made ,ha 6s Isssivsd and held %
under sal act


And this he demanded the previous question: which
was seeanded. and the main question ordered


Mr. PENDLETON moved that the bill and amendment
be referred the Committee Of the Whole the state
of the Union.


The SPEAKER decided the motion to be out Of order;


The question the amendment TAKEN and decided
in the affirmative by the following vote:
:ss a;s; s sss
DAVIS Thomas Dav Dawes Rs%ns . p1Ga Essy Eliot Fen
Hubbard Hubbard HulIurd: Julian Kelley,
kS hD
Myers Norton Charles 9Ns 9rh s;a p
shenei seoasld shannon Smith sm.hsr spauan Stevens
i whasy Wa%s wds1 wilson,
HAYsessrs william j. Allen, Brooks James g. Brown william


Brown Chane lay conrct Cox cravens Dawson, Dennon,
Eden, Ederton Elddge English Fnck Ganson Griswod Hail.
aa Hss sIs
ROLLINS Scott Jssa Steele william
Joseph W white winfield Fernando Wood and Ysaman-64


Mr. WILSON Mr. Speaker the law affected by the
joint resolution just reported from the Committee the
Judiciary is in the following language:


Resolved By the Senate and Hoaseof Representatives
That The provisions the third clause fifth section
An suppress insurrecon 10 Iunh treason and
beon seize and conssate the Of rebels and for
other purposes shall be apply any
any member Of State Legislature judge of any State
taken an oath support constitution called
Confederate States Of Anne ca shall any punishment
proceedings under said be construed work


re of the real ate of the offender beyond his natural
lite"


The only part Of that resolution affected by the
under consideration the last clause which provides that
punishment proceeding under the con6scation act
shall be construed to work forfeiture of the real
estate Of the offender beyond his natural life The object
Of the resolution which have reported amend that
last clause of the resolution of july 1852 to make
conform TO section third of article third of the Consttu


on Of the United States 10 other words it proposes to
substitute for the language nbrsced in that resolution of
1862 the language of the Constitution which is follows


The Congress all have power declare the punishment
of treason but atander Of treason shall work corruption
of blood forfeiture except during the life of the
attanted."


We do not propose BY the resolution TO determine the
question of the legislative construction OF the Constitution
whether may provide for forfeiture of fee confsca
ton of the rea estate during s The pending resolution
leaves the whole matter to the court In other word
simply submit the section Of the Constitution relating to
the forfeiture Of real estate to the courts OF the country
determine whether forfeiture may be in fee only for
life


Mr. cox ask my friend from Iowa whether he in
tends to press the resolution to vote now without time
for preparation or for debate7


Mr. WILSON propose to permit discussion to 90 on
during the morning hour.


Mr. cox Does The gentleman propose TO call for the
previous question: to cut off debate this side Of
the Housei


Mr.. WILSON desire to have action on the reso-


Mr. cox The gentleman cannot have action this


Mr.. WAsHBURNE, of Illinois, BY what authority
does the gentleman from Ohio make that declaration


Mr.. cox By authority of the rules OF the House.
which can be made prevent such hasy legislation will
strike at the very organic law Of the country


Mr.. WASBBURNE, Of Illinois. We will see.


Mr.. HERMAN. Mr. Speaker, desire to say that was
unable to agree with the majority of the Committee the
Judiciary the working of this amendment to the joint
resolution explanatory of the conscation act and de-
ion Of the House. the first place. to the circumstances
under which the conscaton act passed. they may
not be fresh in the recollection Of all
Now sir the coniscat act passed by Congress


cent the President and before the JOINT resolution
proposed to be amended passed. the President
prepared message to veto the original con6scaon act
ana 70 Tedd from tnaJ messhRb WHICH
transmitted TO the House his views in reference to the
confscation act read from the Congressional Globe:


"That to which chiefly object pervades part of the
act but more distinctly appears IN the rs second
and eighth sections is the sum Of those provisions which
resu to in the dvestng Of title forever


For and ingredients OF
amounting to full crime declares forfe extending
the lives of the guilty parties whereas the Constitu
corruption Of blood forfeiture pit during the life
Of the person atanted True there is to be formal at
ainder in this still think thu greater punishment
be constutionay inflicted in different form, for the
offence


may remark that the provision Of Constitution put
language borrowed from Great Britain applies ouy in this
country as l understand, real or landed es,ate"


After the Predent, having this confscaon act under
consideration, had, he says TO Congress, prepared
this easage to veto it, because il unconstitutional
puporng to take away part punishment Of treason
greater estate in lands than life estate Congress passed
the resolution explanatory Of the cooscaon act and sent
to the Pre- sdent and the language Of the explanatory
resolution In question beg leave to read again:
be 40 work forstrre Of the real
the offender beyond his natural life"


After Congress had passed and the President had ap
proved that and the explanatory resolution he returned
them TO Congress- using this language in hs message
turning them with his approval:


Considering the bill for An suppress insurrecon
10 punish and rebellion to seize and conscae the
of rebels and for other purposes and the Joint
solution explanatory Of said act az being Substantially one
have approved and signed both " @


So that we have from the President statement Erst
that any attempt by Congress- BY the law making power
to make part punishment Of the forfeiture Of


greater estse n ands than life estate Of the offender,
would be unconstitutional and secondly that he only
the act because regarded the Joint solution