Year: 1864




real estate forever OF the guilty traitor But submit to
the House that it is at least very doubtful question
whether the language Of the Constitution bo fairly
construed The language Of the Constitution s but
aander Of treason shall work corrupt Of blood for
feiture except during the life of the person alta nted
agree with the President that BY this language the Con-
sttuton restrains from orfeng the Hnd forever 1t
seems to this is entirely clear but if the question is
doubtful one, submit to the gentleman whether 1t Is


YER wise to make laws that there may be grave
doubt whether they constuti tiona not Is it wise
particularly upon subject like this, where the judgment
Of the court below s TO be in reference to the title Of real
estate. to put the law in such shape that it will be
doubtful in its meaning one judge constituting II one way
and another judge in another way?


Let 1T be remembered that the court which is first to
upon this law which to condemn the property and
order It to be sodand under its judgmen: II must be
sold-is Inferior court constituted by single judge
II he holds upon this equivocal question, made equvocal
by Congress itse by the proposed amendment that the
foe passes the party purchasing so believes But there
will be right Of review and u testing that question years
hence by heirs in the court above the court may certainly
hold that only life estate be condemned and sold,
and thereby the purchaser will be involved 10 the msor
tune of losing what he paid If the contrary the
below should hold that onp life estate be condemn
ed and sold, it will sell for only small sum. IL on
view there should be judgment the other way the pur
chaser makes great speculation out Of the Government
by getting the whole ee when he only bid and paid for


life estate submit whether it is wise for the lawmak
ing power to make amendment for the purpose Of max
ing the act, clear, doubtful.


Agpin-and ask the attention Of every fair to de-
eide this for hmself had the constitutional power
to take away rever the estate land would it bs wise
TO do so? submit that the pun fr treason Ike
The punishment for every other crme should fall upon the
guilty party only and that should seek affect his
Innocent children and heirs Take away from the guilty
party his life estate his right to dispose of it, but do not
take away the right of Inheritance from the heirs
who will show themselves loyal else they will have
the right to come in court and ask to be heard.


submit agsiu If there s desire to press this matter
through that this law and joint resolution and
speak as law they stand that the law could
have been passed but from the fact that the joint esou
tiou made part Of it, The act was amended in
cordance with the Presidents uRgeston Of what il ought
to be- Now, repeal the joint resolution end it
that it speaks from this time, and how will it affect
who have been guilty of treason since July, 1862,
when the law Was enacted At least it will raise very
embarrassing questions in reference to procee ings
pending, because the rule is that if you repeal penal
law all proceedings under it, not completed before the
repeal fall


But sir, allow to make another suggestion and do
it with desire as earnest entertain that We
should act wisely for the restoration of this Union and the
uphoding of this Government am in favor of energet-
cay WELD ng The powers Of the Government to overthrow
and put down organized rebellion and ARM rebels; and
yet, sir do believe that if love country if
hope to people again living peacefully under
united Government we should toward the of The
people in the rebe0us States hold out every nducement
which the Government honoraby hold out to induce
them to desert the secession leaders to lay down their
arms, ard come back to their allegiance to the CUnsu
ton and the laws; and it to that great in
ducement would be that the Government had not taken
away from the of the people the right OF their
children to inherit their ands their right If they
lay down their arms and comply with such amnesty as
the Governm MT may deem it wise to oer TO buy back
cheapy the f ESTATE which they have lost II forfeit
the lands Of the Of the people forever if make
the law such that the cOurs hold that the lands sold
to purchasers forever do not put the in
position where they cannot hold out not to the leading
instgators and actors in the rebellion but to the great
masses Of the people of the South the nducement which
think IL would bo wise to bold ont to them to induce
them desert those leaders and back the old
Government under which must hope at least to bring
the great of them because take it, de-
to exterminate the great OF that people.


Sir let me suggest again that if we attempt sell these
lands in fee If leave the law in such shpe that the
courts will be enabled to constueJt-though do not
think they rghtfuy can, that they ultimately Wlyou
will have the rights Of purchasers intervening to embar
the Federal Government in any scheme of amnesty
which they may think wise and proper TO hold forth t. the
of the people Of the South for the purpose OF es
tabshng proper relations between them and the Govern
ment under the CONSTITUTIONS to embarass the Govern
ment in it's efforts to restore its civil authority after we
have overhown the armed rebels and brought to punish
ment the leaders who have nsgated and acted in this at
tack the authority Of the Government.


trust for these reasons, which have not attempted to
argue bat merely state briefly the House will pass
printed and referred to the Committee of the Whole
the state Of the Unon that gentlemen may examine it
carefully for believe all deeply Interested both
for the present and for the future in acting wisely aud ru
IDENTIFY in reference to this matter


If it is in order and if the chairman of the Committee
on the Judiciary will permit me, will move or will
ask him to move that the resolution be printed and post
poned to future day for consideration that it be
referred to the Committee of the Whole the state OF
the Union where there will be disposition to oppose
dscuss it acously but where gentlemen will have the
Of looking into the matter and of deciding whether
it wise to change the law, which nhcts part
of the punishment for treasen forfeiture OF esa for life
I believe that is all that consutionaly do and
not in favor Of amending the law
stands which s clear to leave it doubtful and open
to legal construction.


Mr.. WILSON. und, rstand that there some other
members of the Committee the Judiciary who desire to
be heard upon this proposition. and certainly have
desire to press it unreasonably upon the House. will
therefore to recomm the Joint resolution to the
Committee the judiciary. That will admit OF general
discussion the resolution Let the discussion proceed
during the present morning hour and then let it
unfinished business to be taken up in future. That
will enable gentlemen to examine the resolution, and also
express such they may desire to the
House. submit the motion to recommit, and also
that the joint resolution be printed


A PROFITABLE CHARTER