HBL -ML-
0 OJLLAR PER ANNUM INVARIABLY IN ADVANCE.
TOWANDA:
Thursday Morniug, May 15, 1862.
jailuttli
TO A SECESSION SYMPATHIZER.
'Twill be no thinks to you. good sir '■
'Twill be no thanks to von.
When our troops come marching heme from war,
The Bed, the White, the Blue.
Still Coating o'er them like a cloud
Of glory as tbey come,
While a nation's blessing, long and loud.
Shall shout their welcome home '.
Oh 1 then, 'twill be no thanks to you 1
You frowned upon their toil ,
At best, 'twas Icily ia your view-
L'ntil you saw tbe spoil.
You sighed, and looked amating wist
At Justice's long delay,
Aid talked about a " Compromise"
To keep the hounds at bay.
Oh! yes, 'twill be no thanks to you !
You never spike one word
Where heart and hands and all were due,
That 1 have ever heard—
Oue cbeenug woid of-ympatby.
One patriotic prayer—
Ooe word of ia::h aaiJ hope, to be
A charm ngaiuU despair.
Yet, YOU shall reap what they have sowed,
A country shall be yours ;
For Lents' Hood iu stiearns has flowed,
A richness that endures.
I Go. eatihe fat, and diiuk the sweet
I B ught by the biave and true—
And yet, remember, as you eat.
it is no thank- to you !
political.
Speech ol Hon. David Wilmof.
Is toe United States Senate. April 3 J, ISE2. on the bill to
confiscate th' piopei ty and lee the slave* of iciaels-
T!.e Senate resumed '• e consideration of the
Liil S Nj 151; >o ci twhle Hie prupertj
ti J tree ihe sbive- cf rebel-
M WJL.MOI' Mr. r.'e-ident, thexecont
s e i of ine in ; r ported froco the Jadiciari
U ..i.ii tf- is an hi", ot t tiini cipatmii, givnty
(.ecdoitt U> tiie .-i.iV' St 1 thu-e w bo, (iurii.g the
T-v"t rl - mi, situ! Hike up nuns flgiaiust '
:c U - ? Hies, or in any manlier give u |
nfd . .. \-rt o said iebcilion. i lie bill il-t .! >
.wiai-s t iir eiuitncipa'.iow wi Imut the inter
n :i. vjurt or couam saioiuis, and pro
v lies t;iat in tiny proct-c ling by the muster t<
enforce hit thiiai against tbe ?! IVI-, BO shall
esUbi -h Ms loyalty laefore an order snail In
i oiade for the surrender of ihe slave. Tne 1. Ii
ti so provides or the coufiscaiion to the nation
a. lreasury of both ihe real and personal es
' s'.a!e of re'iels uiio shall, afur the passage .f I
libs Uit. be ei gaged in tbe re! eiiion, or iu g v |
i g it aid and euinfort, wtid who are oud
the Uniled Mutes, or, if wiihiu ttie U. tied
Slates, are bevoud the reach of judicial process
The bill does not pr if work u forfeiture, but
forfeiture takes place utter st z i r e uui %p; o
pristioa by the comiu:-*ion-rs upp itcd toav t
within tiuse States and d str cts where ihe re
benion makes tie I oiding of court- impossible,
and after coudeiunatioo by the courts, in dis
tricts wlierr tin? can be field, of the property
se led, upon proceedings it r c m. as in prize
cases, or ca-es of forfeiture ariaing under the
rt'Ve te aws.
1 1 v- iissdt-r bri fly of both ft-atures of the
bill. T e second secuou, Ifiat providing for
f r rtrn 'iptttion of the s avrs of rebels. I sus
la .", i the whola leiig;h and breadth of its
pr,; - ci.s While I sliai! claim for the Gov
uent full power over the subject of slavery,
I w.mid not at th s lime go beyond the pro
r-'oi.s of this bill I would to da* give free
ioo to the slaves of every traitor ; and after
that would confidently look for the early adop
,'..on of the policy recommended by the Presi
i-nt, gradually to work out tbe great result
f;f nnirersa! emancipatioo.
Special gtiHrantecs are claimed for the pro
ttction of s! ivery. Exemption is demanded
fur a from the hazards ami oe:essilu* of war.
"Water security is attempted to lie thrown
A'oc i it thau is accorded to any other inter
est or ught I deny the legality of lb s pre
I trtaroo in behalf of slavery It has no con-ti
title nal basis. Its cIaNDS of peculiar sacred
a; d for special protection, are an iouii
to the cation. L'fe and liberty are oi-ide sec
<di:y to the safety and preservation of sla-
T<r F T:.c property of the nation is to be
ot- ; -.r:-d to h.-avv coiitributfoos, the lives of
t"-. . .,vi s 0 f j !s citix-'us sacrificed, bun- j
w '-- iodsof widows ai.d orphans cast
"".erba- r of fifends lor saj>|:ort. A.I that
w- # , l( j property, are at the dis
.' -a ?' G rtriuneiii : slave ry alone c aims
nee 0 ; relielluHt, the pwr
' • i., .a caiimities that tloreaten aid
- • 1 is great revolt against tbe integ
, T ;g r y cf the nation has to other
- Oa than slavery. Deiuocratio govern
-a perpetual danger to slavery The
- " rtfT.t or an o. is dm*udetias
?fr 7 'or its perpstui'y and [vwcr. Here
• • e cause of tie rth.!,ion w th us immense
'* r of life ami treasure Amidrt the
this hour, this universa. wreck uf
"• > > I the Suvehoidii g tra.tor
j his human chattel ? Not, sir, rf u v
- •*" or vote can reach him.
t ®ust r ghtly roraprehend the ntparal
" wiekedaess ofrlavery, awl the desperate
frsi natioo with whuh it makes war on the
j.r. 'B.M.t, or we shall fii to deal with it a
- security and prce demand. For thirty
• r * ' >iaethders hare looked w.th fear and
-o o.i our tree system of governineot
.. 3 * n d the wide diffu-ion and
cr. ? r t- source# of cou.-tant
c-' For year# they have kept the peace
. 'se ter[is of their doruina'iou and our
tt The - T ftcverued the cour.try,
<•*<> *td domestic poliry, con
'.r'.** Xt ' f ? ls,4l ' OQ aB questions of interest
'-'sstlves, apd adm a stered, ic tbeir owa
THE BRADFORD REPORTER.
bauds or through northern men subservient to
theui, every high office of State. A more im
perious oligarchy never ruled a government.
Tbe freemen—the democracy of the nation
—iu the electiou of Abraham Lincoln, vindi
cated their right to administer the Govern
. event. and iu the first hour ol victory were met
| By the armed rebellion of the slaveholders
i Shall slavery overthrow this Government ?
The nation has the right of self defense, of
i self protection the right to make secure its
peace and safety, aud to remove whatever
stands in the way. Slavery, in the war it has
provoked, perils the national existence. It is
the immutable luw of nature and cf nations,
that a State shall preserve itself, that it may
destroy whatever enemy threatens its life.
Vattel, a writer of caution, and of high au
thority on national law, lays it down that
" A State has a right to everything that can secure it
from threatened danger, and to keep at a distance what
ever is capable of causing its ruiu. A nation is obliged
to preserve it>e!f, and the law of nature gives it the riirht
to everything without whuh it could not fulfill this obli
gation.
'• The law of nati ns is originally no more than the law
•if nature applied to nations, tt'e call that the r.tetstary
law of nations that consists in the application o: the law
of uature to nations. It is receasary because nations are
absolutely obliged to observe it. The law of
nations, being iounded on the nature ol things is immu
table. VV heuce. as this law is immutable, and he obli
gations that arise Irom it necessary and indispensable,
nations can ueither make any changes in it by their con
vention- dispense with it themselves, nor "reciprocally
with each other. - '
Again, Mr Ruwle, in his view of the Con
stitution, in speaking of our duty to maiutaiu
the Uiiion, says ;
'• In every there'ere, which this great su ject
presents, we ieti t; e < e-pt.-t :tnj rets-ion oi asacied obli
g..iioa to pre-eive the Union ol our country ; we feel our
g uiy.o r safety, and "ur happiness involved in it ; we
un ite the interests ol tbo-e wbo coldly calculate advuruu
g'-s with those who giow with what u little short ot d ial
Secti n. and we must ie-ist the attempt of our own citi
it -l) de-ti y it w th the -auie leeliuga that we should
avert the dagger ot tue parricide."
Slavt-t v is the pttrrkide that now aims at
the nnti ■! al Ife \W must bind the criminal iu
perpetual bonds, it we would secure to tho na
tion safety uial peace.
Tie riclit of a JS'nte to preserve itself is
ieuriv set forth by Vattel ; nay, it is obliged
so to do by a necessary ai.d paramount law.—
Every writer of aulhoritv on the law of nations
agrees with Vattel touching :he right of na
tion il self defense The law is consonant with
reason and jus;ice and the common sense of
oa: kmti, and uerds uocit&tioti of authorities
IO S'ippOl t it
The law being established,the only questions
open for examination ore, the nature of ibis
Government, a d ttie hostile character of the
I•p.my by winch it is a-smk-d. If we are a
■ague o' independent S ates, each having the
r giit t. withdraw ul pleasure, and tor causes
the -uffi -ieiii-v o* winch each uiay jujge, then
the Confederate Stales are right in the inde
peiidetice they as-time, and ihe war on our
| prt is a war o r sobj igation, fi tgrsnt and un
jMt O t :gh: ro carry on the war can only
• 9 defended on tbe ground lhat we are a na
tion. bound by the obligation to dtfeud our
national existence.
What enemy puts our safety in peril; assa s
with war our unity ami life? All enlightened
it: d mpmtia! men will give the same answer
Slavery is that enemy—the deadly and persist
ei.t loe of the nation. Slavery has organized
for the overihrow of. the Guvernroent ine
greatest rebellion n h.-to'y, and without cause,
save its fear and hatred of republicau iustitu
tions The nation was prosperous ami happy;
life and property were secure ; we enjoyed a
freedom given to no other people, a prosperity
full to overflowing Every blessing and every
right was ours. The Government was only
feii in the protection it gave and in the bi-ss
ings •: conferred. The aimed revolt of the
slaveholders against a Government so just and
benificent is the most detestible crime on re
cord a avery arms brother against brother,
and imbrues the na'.oti iu fraternal blood It
off. r> al lsnces with foreign despots and con
sents to the establishment of monarchies on
our continent. D h-s any Senator on this side
of the Chamber doabt thit slavery is the tin
mediate cause of our troubles ? if not, then I
claim his support for such measures against
I slavery as >hall make :t powerless for future
mischief I demand indemnity for the past aud
stcur.ty for the future. The nation tnu-t never
agnin pass under the yoke of the slave power.
We must have no reconstruction reestablishing
tbe domination of slavery. We shall deserve,
and will receive, tiie scorn and execration of
the civil zed world if we step hick from the
plain duty before us. We must give the ecuv
try lasting peace ; we must cripple forever the
powtr ot sliiVery, aud enfranchise tbe natiou
troru is u soient rule Slavery has made and
unmade, built op and torn dowu al pleasure.
It has eiiforced upou the Government and
country uort-1 and unwarrantable constructions
I of tiie Constitution by threats of disunion aud
I blood
it is an element of constant disturbance and
danger Mr Caihouu earlier saw and more
clearly comprehended than his cotemp rarics
the irreco. eoa' le antagonism betw en ireedc-m
and suv-ry. Commodore Me wart is the wit
ness thai, ns ear.v as 1814, Mr. Calhoun be
came satisfied that ilie iwo systems of society
and latK>r-ou d not both stand under one Gov
eminent ; that slavery uu ist go to the wall, or
a dissoiuiioii of the Union was inevitable, lie
tie v..ted his bfe m givi .g strength to slavery,
and thus preparing lor ti.e con Tot which he
>aw mu-t surely come What Mr. Caitoun
.-aw- in !Si4 nov the philosophy ai;d fixed
oebet Oi" the leaders of the Jsouih. This war
on '.heir part is far the perpetuity of s arery.
and thi- can only lie secured a: the vxptuse of
individual and national freedom
Tbe Constitution is continually pushed for
wa'd in smiport of the inviolability of slavery.
Sir, I deny that the Coiistoui on contains any
-ptcial guarantees in betialf of slavery. It pro
vides for the surrender of ptrso*s owing labor
er sci vice escape g from one Slate .utoanOlhtr
to the person to whom such l*!>Of or service is
due. Tms is as applicable to apprentices as to
slaves ; and. at the time the CoiiSUtutiG.ii was
framed, embraced a large number of currants i
kcown as redrmptiouers. No ooe ever c.a.med '
that iu tbe service of an apprentice
was specially placed onder national protection j
berasse of thta
PUBLISHED EVERY THURSDAY AT TOWANDA, BRADFORD COUNTY, PA., BY E. 0. GOODRICH.
Constitution were all that slavery claims for it
iu ttiis resjiect, the paramount law of self-pres
ervutiou is uot the less obligate ry on the nation.
Whatever we deem uecessary, iu the exercise
of un honest and sound discretion, as a means
of preserving national existence, thai we have
the authority of rea&oa and of law to do. This
doctriue is clearly recognized io the late spe
ciul message of the President to Congress re
commending national aid to the liberating
border States. It is souud law, and has both
reasou and authority in its support. Slavery
is not only the cause, bnt one of tbe great sup
potts of the rebellion. Slaves do much of the
work of the rebel army—throw up the iutreuch
raents and build the fortifications of tbe enemy
Their labor, in u large degree, furnishes the
means of support to the armies employed
ugiiust us, and gives to the Confederate States
the littie credit they have either at home or
abroad. Vet slavery is tbe one thing we must
not disturb. We must not directly attack it,
eveu though the natiou perish through our for
bearance To no other interest do we accord
this exemptiou from tbe dangers aud necessi
ties of war.
Mr. President, I come now to consider tbe
bill as an act of confiscation Here its pro
visions arc not as broad aud sweeping as its
opponents represent. It is uot a geueral act
0! confiscation against the property of all re
oels, but against the properly of such ouly as
s mil Oe beyond the reach of judicial process.
The bill is based ou the principle lLai if the
rebel can be arrested, and punishment inflieted
upon him through the courts, l is property is not
. molested, but it he abuudou his piopeity, and
flue the country, or be w.thin territory where
llie r< ociliou nas ovei ride i the authority of the
i United Slates, tie bill proposes, alter condem
nation m court, or by military comuius oners
when no courts can be held, to luke aud sel!
in* properiy, placing us proceeds iu the na
tional I'reasiiry 1 taVor the amendment
ml"pted ou i'uursd.if last, of the Senator from
Ohio, (Mr. oiiL-t'iii.i ) I desire io reach oi y
t. e property of the leaders of the rebellion.—
To t.ie masses o; the southtrn people, who have
been grossly deceived, 1 would graut an am
tsty, a lull and tree pardon.
Turee grouiuis o! objection are mrio to this
biil. It is claimed to bo ia contraventiou of
tlie la* of naiions ; violative of the Constitu
tiou of the UniteO StaUS ; and that lis pas
age wou.d be most impolitic, driving cur cue
mies to desp ration, and soap g the sevdsol"
u iter enin.'.y tjr at aerations to come.
1 will consider, briny, tiie objections pre
s'i!ted. Tue Senator Iroui M.Ssoun, (Mr
Henderson; labored learnedly to nuke good
the first ground of objection, tie cited author
Ities of weight and respectability ; but upon
furtl.tr examination he w,!i find, 1 think, the
law settled against iiiui, L-olu Oil general au
tnorrty and by Lbe Jec.stou of our own courts.
National l.w rests upou the taw or uaiure,
convenlioua l raw, or treaties, and upou geuer
al customs which, by c consent, have
toe force of inw Nations are by the
naiu a. law, which IS Called the necessary law
of nations 0: th;s I considered in speaking
ot emancipation undtr this bid. It is of uui
versal obligation, binding at all times and un
dt-r ad circumstances Conventional law rests
upon conventions and treaties, and ot course
b us tnose oa.ions on y that are par ;es to
them Genera! cns'orcs or u-ige have the au
thority ol law o.y by the consent oi nations,
and each nation has the right to decide for it
self under v.hat circumstances aud to what
ext. Nt ii will submit to a custom or usage
This must of necessity be so. The right is es
sential to the freedom-of nation*. A* a lie 1 says:
•• The natural soc.ety oi nat.oas eaoot vubsist. if ti*
r giu* earn have received Irorn nature are in>t resjjectel
V-uc wuuld wiliiugly renounce its libtrty ; it wouid
raiber bitak oi' *u tvunection w th th"se that should .t
--terapL to vi-.Ule it. From this .uctty and iad eaUeni.e
it 10.,j .fa that every nan. -a is to what its juscience
demands ; ol vhat ;t can oi cauiut d>.; of what it is prop
er or naproper to oe u >ue. la aii cases -rhcre a n*t; a
has tae liberty of judging what its duty rrq res. another
Cauoot oblige i to any give - ; acti >u. tor attempting tais
wouid be u irjurr to tb liberty ot nations."
As an independent member of the common
wealth of nations, we aloue deteimiue wfeu
and how far we will be bound by the cuslooa
ry law Upon the hypothesis, then, that the
measure before us is in conflict with interna
tional law, still our right to tnact it cannot be
questioned.
should we pass this bill, what power will
annul it within cur jurisdiction, on the ground
that the taw of nations is violated ? If nation
al law is invaded n .lions must come to r.s sup
port Does any Senator believe that the pas
sage of tb.s bi!i wouid provoke towards u; the
hosiil ty of iiat otis ? Would the foreign
m msters resident here, pro est on behalf of
their repect;ve Governments ? S.r, we know
they would not. aud far toe best of reasons ;
the bi;i does no", impi; ge on the national law.
So much of the bill s re a measure of emanci
pation would foe ha .it-d w th joy throughout the
civilized world. For this e would receive the
pluutlila iusiead of the censure of natiouf.
1 have thus far considered 'he case on the
hypothesis that the till is violative of nat ocal
law, aud presented the grouud that we are
bound to obedience by oar cc-usent alone. But
tbe law is well settled in fsvor of our right to
' seize and confiscate tne property of au ulitn
enemy in time of war, aud who, at the time
of seizure, is engaged ia peaceful commerce. —
The case is greatly strengthened agxiust a re
bel iu arms. Tiie ptiut was dec Jed in oar
Supreme Court, in the case of Browu w T.'.e
United Slates. V S Cranch, 110 y The poiuts
raised for adjudication were:
I. May eue3 es'property found oa land at
the coaimencemen; of bO;Liilies be se.zed and
condeurted? Ad
2 is an act of Congress, authorizing such
se xure aud condemnation, neccssar) ; or does
tbe right follow a dec'.arat oa of war f
Tne opinion of tne court was delivered by
Chief Jas t ice Marshall. On tbe first point,
tne court says :
- pbwar of the Government. so ffoibt is
er.ten*:ned. Thai war gives tbe sovereign fall rigtet to
tiie ;iae persons ooni- a'-t tbe aroperty oi the e.tay
wuerever twu&d. ia conceded Tbv BitinihSs of this
rale, which tbe iaxme iad w: polky or m-xie-a v.xea
iQ-.n-d-ced into praeri.e. wtil acre cr Dm affect iu<
ejicrciae cm ib>a right, bet caaaot icpair tb r.gb: :uL'.
I hit lunatsa üb>ii9iciabtd.aa.d * ut'c uce ss
bority itrvt! -b>=|o orisg rt Ihl* operation, tha
tJ -tepa-aes" - wrt to tie win H
" r-EOARDLKSS OP DKNCNCIATION PROM ANY QUARTER."
Kent, in commenting on this case, says :
' " Hotferwr strong the current of anthority in favor of
I tbe modern and milder construction of the rule of nstion
' al law oa this subject, the point seems to be no longer
i open for discussion in this country. It has been definite-
I lv settled in favor ol the ancient and sterner rule, by the
1 Supreme Court of the United States. The effect ot war
on British property, found in the United States, on laud,
at tbe commencement of the war, was learnedly discuss
j ed and thoroughly considered, in the case or Brown ; and
! it was decided as upon a settled rule of the law of nations
that the goods of au enemy found in the country, and the
vessels tud cargoes found "afloat la our ports, at the com
mencement of hostilities, arc liable to seiseure and con
flscatioa ; and the exercise of tbe right vested In the dis
cretion of the sovereign of the nation."
This right to seize and confiscate the proper
ty of an alieu enemy, wherever found withiu
our territory, is as clearly established as tbe
. adjudications ol our own courts can establish
it. He who is both a public enemy and a
traitor surely cannot claim to stund in a better
position than an alien enemy actually guilty of
,no offeuce. The traitors of our couutry occu
py a very different position from that of law
tul belligerents. It is true that we accord to
. them many belligerent rights, but we may pro
perly treat them as traitors. As agaiust them,
we are possessed of every belligerent right, as
fully as if they were un independent nation
levy ng war against ns ; and we are also pos-
Sealed of all the righta of a legitimate sover
eign against traitors in armed revolt. Their
property cannot be reached, because they are
j citizens, anil entitled to the protectiou of the
, Constitution !
'• No person shall be deprived cf life, liber
tv, or properly, without due process of law ; '
ihat is, without proceedings according to tbe
course of the common law How grossly we
violate the Constitution in shooting down these
, citizen traitors ! There can be no mistake. —
■ The Solution of tbe Constitution is most pai
pable. We take the lives of ti.cse citizens u'-d
j brothers without due process of law. Hew
: übaerd i? ail this. Those iu rebellion are both
: traitors und public enemies, and arc omcuuuble
to the laws piovidcd against both. An alien
J euemy, wlio-e property is found among us,
I having never himself borne arms against the
cou;it r y, this proptrty ue r-ize and forfeit ; but
i 11 ins allegiance were due to us, if we l.ud
1 sworn to supp< rt and defend the Constitution,
! and then wickedly pejured himself, if he had
j borne commission iu lebel armies, and devoted
his all to tht overthrow of the Government,
I we cannot take and forfeit hi# property ; it is
under the a?zis of the Constitution, and must
he u>cd ou v in the service of the rebellion !
Tue very point I am uow considering was re
ctntlv before the United Males oistrict court
for Massachusetts.
The Army Wurwark was captured on the
high seas by the United Stares vhip of-war
Quaker City, August 10. ISGI. The libel was
Hgainst both vessel and cargo The vessel and
p-jrt of the enrgo were admitted to belong to
citizens and |>erminent resideuts of Richmond,
Virginia. The hearing was confined to the
p'op. rtv so owned ; the question as to the
! rest of the carco being left for future invesii
' gation. Sprneue, Justice, delivered the opio
-1 ion of the court. I give so much as bears on
the point under consideration :
" fMmv have apprehended that if tlii* conflict cf arms
is to be deemed war. oar enemies must hive, as Against
the Government, all tbe immunities of international bel
l cerents. Bat this is tn overto- k the double character
which these enemies sustain. They are at the sair.etime
belligerents ana traitors, and subject to the liabilities of
beth : while the United States S .;sta;ns the donb'e char
acter ot befigeiet.i and sovereign. a&J have the rights of
i both. These riehts cr.exit. and may be exrrc.esed at
j pleasure. Tbu we may treat the rebel crew of a rebel
privateer, merely as priwrners of war, eras pirates or
I traitors ; or we may. t the same time give to a part of
, the crew the one character, and 'o the residue the other,
; and after treating them as prisoners c? war, we may ex
er:ise over them sovereign power acd deal w lib them as
, traitors. The temporary non - -er oi sach lights is not
a renanciation of them, but tbey moy be vailed into
practical exercise."
1 •• Mr. Wharton. in his Elements of International law,
ipnge 3-15.) so ytr>ng!v maintains beliigereat rights in
civ., war. that some of his language would imply that
there wercnoo'bet rights. This, however could not
have beta intended ; lor if s< vere.gr, rights be at aa
end.the *ir is merely interaatioiial. Civ.i war. tz rt
U-Tuni. imports tbst sovereign tights are i'Ot relinqoish
eu. but lu-isted on. The war .s wsged to marr.u.n
them. II -e tr Hi mely (4 Cranch. T72) wis a case aris
ing out of the exercise of <* vereign rights by Fran.e in
'..er civ l wsr with fet. Domingo. The court recoenrzed
the c *x -.tence of oefiiiterenx and sc.vereign right.-."
'• The United States have, daring tbe preser.t war, ex
ercised both belligerent a>-d sovereign rights."
•• F-xamples of the tormer are. rece-.v ug capitulatics
of the enemy as prisoners of vir, arc holding and ex
changing tbem as such : and a still more prominent
in.-tance is the bi. kade which, before the assembling <■(
Congress, was established by military authority of the
Commatder in Chief."'
"I am satisfled that the United States as a nation,
have toil *nd complete belligerent rights, whi-hareia
no degree ttnpared by the fact that their enemies owe
a'.leg ati.-e. ted have the gait of treason to
that of unjust war."
The confiscation of the property of tboe
enlaced in rebellion an nnsoccessful revolu
tion is a part of the history of civilize 1 natioss.
It is deeply impressed upon English k-eis'a
tion do'ing tLe la.-t century. Half tbe titles
of the k.ngdotn rest udOj actfeand decrees cf
coufiscaiion. Sneb, too, is the history of
France. Everyone, I think, of tbe Thirteen
Colonies confiscated the property of enemies
within their respective jarisdictiot.s in the t.me
of oar own Revolution. Tbe properiy of
German refugees who engaged in the revo'.a
:ion of 1848 Gevond question was confiscated.
It is the policy and practice of eTery nation
thus to punish reeiiion and treason In pass
iug this bill, we are traveling in tbe t>eat n
pa.h of nations. Ail men who understand the
true aatore of tbe struggle ta which we are
engaged wil! hail this nre-asure as just, and de
manded by a wise consideration of our own in
terests, aud b J the atrocious wickedness of
our er.tffij.
Again; objections is made to the b " beeau-e
of alleged unconstitutionality. The Constitu
tion, after defining the crime of treason, pro
vides that—
shall hwe power to deolure tbe pinishmeat
of treasva ; but no att* :.der of treasoa ahau woik cor
r jptio* of hiuud or furieuure, tXvept caring toe Lie of
tie perssaatta-sed.''
What is " attainder," a e here csed ? Sias
ply judical judgmeut against an offender jfor
the crime ot treaeon. The provision then is.
no judgment pronounced by a court for trea
son shall work corruption of biood or forfeit
ure beyond the lite of the purty. T is provis
ion chared the rule of the common law j the
judgment of a court against an offender for
! treason did corrupt the biood, acd destroy its
inheritable qualities, acd bis property became
forfeited t* 'ha CYown The Ooastitutfbß
simply does away with the comuiou-law conse
quence# of tbe judgment, by declaring that no
attainder,that is, no judgment for treason,sb&ll
work uorrnption of blood or forfeiture beyond
the life of tbe party against whom judgmeut
shall be pronouueed. Our right to confiscate
tbe property of rebels cannot be affected by a
constitutional prevision which declares that
certain consequences which attached to a judg
ment for treason at common law, shall not
follow such judgment here. This bill does (
not pronounce judgment against any one. No
mau can be tried under it. It affects prop
erty alone, and toacbes no property of an of
fender amenable to process. It does not
change the punishment of treason by declar
ing a forfeiture of estate as part of the penal
ty. Those whose property is taken are beyond
the reach of personal pauisbment. Are the
refugees of this rebellion to live upon the rev
enues of large estates here ? Is Siidell to
live iu Europe inaffiueuce on the revenue from
estate in Louisana ? Dots a traitor, possess j
ing large estate, gain immunity from all pun
ishment whatever by fleeing the contry and
making bis permanent residence abroad ?
Sir, this bill has no relation whatever to the
punishment provided against treason. It attach- >
es to the projxny of tboS in rebellion,and pro
vide.- for proceedings in rem and not in personam.
The two are wholly diMiuet. Under this bill, '
you take aud confiscate the property of rebels;
if aftTwards they should come within our pow- ;
er, they may be indicted, convicted, and bung
for tbe crime of treason The bill provides for'
proceeding in rrm, as in prize cases, and iu no
way affects the penalties in personam adminis
tered by our criiuiual coarts.
The case of the Palmyra {l2 Wbeaton, p.
1, was the cave of seizure by a Government
vessel, tlie Grampus, sudor the acts cf piracy,
of the 3d March, 18I9,a:jd of loth May,lß2o.
Oue ground tukeu against a coudemuaatiou of .
the veasel was, that it was not uvtired in the |
libel that there Lad ben a conviction in per- '
senem of the r SVuse charged iu the libei; aud
it was contended that there must be a conv.c-i
lion upon an indiccieut for the offense in per- 1
sonam, averred and pioved, in otdtr to ina.n- .
lain the bbel in rem.
Justice Story, who delivered the opinion of
the court, in noticing this objection, ssys :
" Tbe point o! otje.tion is of an important and d; - i
cult nature. It ia well known tLat at common iaw, in
many cose* of leionies, the party forfeited fits goods and
chatt.es to the Crown. No r.gh't to the goods and chat
ties of the teiun could be acquired by the Crown by tiie
rneie comm.ska o; ine offense ; Lot tbe right attached
only by the conviction ct the offender. In coctetcp.a
tion ol tbe common law, the offender's right was not di- •
vested until conviction. But this d'Ktriiie never wa- ap
plied to sewtres and forfeitures cre.ted by -tatnie inttrn,
coptisabie on the leveaue s.ie ot the ex--fiequer. The
thing is here piimarity consider'd as the offender,or rath
er the offc .se is primarily attached to tbe tning. Many
wm exist where the lorit,lure tor acts done attache*
soieiy tn rem. and there is no a comracying penalty m
p*rn.nam. Many case* ex st where there U Both afor
lelfcre > rrm aLd a peisenai ptr.iity. But in neither
CiSs* ot cases ha* it ever tee& oeciic-d that the pnwes- t
lions were dependent upon each otuer. ik,t the practi-te
La* teen, and .-o this court nnder-iand the law to be.rhat
the liiucteutug >n TIT. stands .ndepeoc. of and wnoi.y
cr.affccied by any crunfti&l proceed.ng mptrtonam."
IT. re the offense is attached lolling, ar.d
the bill provides for proceedings in rem, es iu
prize cascsor forfeiture# arising under tbe rev
eij.ae laws. It has no connection whatever
with criminal proceedings in personum ; they
are stili open to be resorted to, if tbe offender
shall ever come witl.u tbe reach of our crimi
nal process.
Tue Constitution provides that " to Liil of
attainder or rr j<st facie iaw shall be passed
and it is object* d that the bill under consid
eration impinges cn this constitutional provis
ion. It ia claimed to be a biil of pains and .
penalties within the mischief, and there
lore within the constitutional prohibition against
bills of attainder. 1 agree, it this be a bill
of " pains and penalties," that we have no
constitutional powet to enact it. A bill of
" attainder," differs from a bill of " pains and
penaitics, - ' only in pronouncing the judgment
of dcalb, instead of a tender punisbmeut.—
Both are eqnaiiy within the reason and spirit
of the constitutional prohibition. In both, •
the Legbiatnre assnmea judicial functions, ana •
pronouuees sentence for past effenses, and .
without the safeguards of & trial No jnrj.to
court, no evidence—tbe Ltgislatore, by an
act of legislation, prooounces sentence. Beth
a bill of attainder ana a bill of pains and pen
allies are of tbe nature cf ex pest fado laws.—
Iu both, the Legislature assumes judicial func
tions, aod proceeds to conviction without iaw
or evidence.
Tuis bill ba? no feature of a biil of pa ns
and penalties. It is not ex pest facto ; it in
fl cts do peoalty for past offenses, but only in
fi.cti forfeiture against such as shali, after its
psssage, be guiity of bearmg arms against the,
United States, or in giving tbem aid and com
fort. It pronoonces no legislative sentence.—
Tne biil itself dcc 3 not appropriate any prop
ty, but only makes the appropriation alter con
demnnation by the courts, or through com
missiouers here the rebellion make# the sit
tiug or courts impossible. If it is complain
ed that the bill gives too great power to the
commissioners, I aoswar that this objection is
not open to those woo, bv arms, have set up
another jurisd.ctioD, and driven oar courts.
from tbe territory of several S'.ates. Tfii#
wonid be to give exemption to the property of
traitors because of ll or treason.
Very extraordinary powers are £iaimed for t
tbe President ou tb;s subject of emancipation j
of slaves aod the confiscation of property. As
Commander-in-Chief, it s cia'i&ea t-wt he L.
fuii power to emancipate slaves, and the
right to take for put. ic nse seen property of -
tue robels as be pleases. Tu*, s.r, is claiming
large powers for the Preskieot, and if be pos- j
sess them, then, indeed, aoes war make bim as
absolute as the Czar or ciuitan. Tha Presi
dent, as eommar;der-ia Chief, has bo power to
emancipate slaves, except as actually connect- j
eti with bis military operations, aud here he is j
limited to tne actual power of the farce onder,
his eommsr.d. A general iu the £e*d has the
"aoe power. A proclamation by the Presi !
dent of general emancipation, or of emaac.pa- -
of tbe sjavex of rebels, is utterly without force. 1
He may control by martial law(whicb,far tbe
nmo being, supersedes the moctctpal law)
:bio h!s military array. Here be may call
tbe slanefor oHltary tak
"VOL. XXII. —NO. GO.
him out of the power and controlof bis master.
His authority as military commander goes not
beyond bis lines Fie has no power whatever
of confiscation. He may take SJCL military
•lores, forage, and provisions as t.re necessary
for the support of his Army, and this be may
do alike from frieods or foe
Tbe sopretne power of this Governments,
coder and within the limits of this Constitu
tion, is ia Congress. In tbe caso before cited
of Brown vs Tbe United Stateii,wbiie it was
determined that we might confiscate enemies'
property found on tbe land ; it vraa also de
cided—aDd tbe case turned oo this point—
thst the power of confiscating euemien' proper
ty is in Congress After citing tbs acts o(
Congress declaring war eguiust Great Britain,
tbe court nays :
" There being no other act u! Cocgrw *hitb bear* up •
on the subject, uis AS proved tLfct the Leg
islature Ims not confiscated enemy property which was
within toe United states at the deciarat.ou of war, ami
this aeatence ot condeiunation cannot he o.c*ined
Again:
" It appears to the court, that the power of confiscat
ing enemy property is the Legislature, nod tli&tthe
Legislature has not yet declared its will to confiscate
piMperty which was within ear territory at the declara
tion of war.'*
This dispeses effectually of the extraordina
ry pre'entions set op for the President, sg a
ground of opposition to ibis bill. Those wbo
really favor the confiscation of rebel property,
will go for some legislation to affVctuate that
end. Tbe President has no more power of
confiscation than ar.y Senator on this floor.
Mr. President, the passage ot ths bill is de
manded by ibe strongest considerations of
justice and policy. It is very much a qaestion,
whether the property of loyal men of the Xortb
shall be confiscated by taxation, cr the vast
property of the leading rebels be taken to de
fray in pari the expenses of tbe war? Between
independent Powers, it :s not unusual in trea
ties of peace to introduce stipulations provid
ing for the payment in part by one party to tbe
other of the expenses attending the war. In
deed, it is most common ia modern times. If
nations thus claim and receive indemnity tor
the expenses into which unjust war has plung
ed them, may we tot, with ui cb justice and
propriety indemnify ourselves ia part for the
enormous cost of this most causeless and na
provoked war? Ail loyal mea agree that tbe
rebellion must be crushed cut. This cau only
be done by driving the leaders from the coun
try and confiscating their estates. They must
be reduced to poverty before their power ia
the South can be brokeu. Our interests and
our safety demand tue speedy passage of this
bill. Leuiewcy emboldens the traitors. They
feel secure in their property, come what may.
Tbos® suspected of loyalty only suffer. Re
fuse to pa 3 s this b 11, and you offer a premium
to di6iuyaity and treason. The safety of a
man's pioperty in the South will impel bim to
side with our enemies. Tbe rebels seize and
appropriate the property cf loyalists ; we se
cure and protect the property of rebels The
passage of this measure is demanded as a just
measure cf reta-iation. Hundreds of mil lions
of property iu the South,belonging to northern
men, has been confiscated or destroyed. Other
boudred of millions of debts doe our merchant*
and manufacturers, and of investments in rail
road stocks and other southern securities, has
been forfeited to tbe rebel government. Other
millions, the property of ioyal southern men,
have been pillaged and destroyed " A State,"
says Tat'le, " taking op arms in a just cause
has a double right against its enemy. A right
of putting itsell in possess-oo of what belongs
to it, and which the enemy withholds ; and to
this must lie added the expenses incarred to
this end, the char?es of the war, and the re
paration of damage."' We must cot give iieense
to rebellion by tbe forbearance with which we
treat tbe rebels. We ma-t protect tbe inter
ests of loyal citizens by charging tbe property
of traitors with the expenses of the war.
A PAGAN LEUK.NI> OK JKSCS.— Publius Len
toios, asocuied by some to have beeu procon
sul of Judea prior to Herod, is reported to
have seen the Savioor, and to have written tbe
followiug k-tter to the Roman Senate :
" At this time appeared a man wbo ia still
living, and endowed with mighty powers ; bis
name is Jesus Christ. His disciples call bim
the son of GOD ; others regard Dim as a pow
erful prophet. He raises the dead to life, and
heals the sick of every description of infirmity
and disease. This muii is of lofty st&tore and
well proportioned ; his countenance severe
and virtuous, so that he inspires beholders with
feelings both of fear and love The Lair of bis
head is of the color of wine, and from the top
of bis head to the ear*, straight and without
radiance, but descends from the ears to tbe
shoulders in shining carls. From tbe shoul
ders the hair flows down the back, divided into
two portions, after the manner of the Xazar
enes ; his forebear! is char acd without wrin
kle, hi: Lee free from blemi<b, and slightly
tinged witb read, bis pbjiooogoay noble and
gracious. The nose and month are f&altiess.
The beard is abundant, the same color of bis
bair, and forked. His eyes are blue and Tery
brill.int. In rt proving or censuring he is awt
tuspiriog t in exhorting aud teaching bis speech
is gentle and earessieg. His countenance is
marvellous in seriousness and grave. He has
never once been seen to laogb, bat many have
e een him weep He is siender in person, his
bands are straight and long, his arm? are beau
tiful. Grave and s-uiemn in bis d sconrse, bia
language i simp ear.d quiet. In appearance
he is the most beautiful of Lie children of men.
13k. Smith once met two editors who bad
siwavs been at oats, wa king arm in arm io
tue streets.
" Hiilo." said Smith, " the lion acd lamb Ma
down together, to day "
" Oh. ye*,''said editor No. I. "Jones her*
did the "lyin," and I did the " lamaiia'," aad
of course we came down together."
the editors of the South pro
pore to use op their type met a! for balls for
shooting irooa. They -couldn't do more raa
cbief that way than iney do cow.
WSL- GOO gives every bird its food, bat duet
tot tb'o* ft vela the