That all slaves of persons who shall hereafter bc engaged in rebellion against the Government That this act shall not be construed in any of the United States, or who shall in any way way to affect or alter the prosecution, convic-give aid or comfort thereto, escaping from such tion, or punishment of any person or persons guilty of treason against the United States before the passage of this act, unless such person is convicted under this act.

July 15-Mr. MAYNARD, on a suspension of That the President of the United States is the rules, (yeas 68, nays 33,) introduced the authorized to employ as many persons of Afri-joint resolution, which is the same as the above,

Fellow-Citizens of the House of Representatives:
originated, the bill for an act entitled "Au act to suppress
I herewith return to your honorable body, in which it
treason and rebellion, to seize and confiscate the property
of rebels, and for other purposes," together with my objec-
tions to its becoming a law.

tion. It is wholly prospective; and it touches neither
There is much in the bill to which I perceive no objec-
person or property of any loyal citizen, in which particular
it is just and proper.

and punishment of persons who shall be guilty of treason, The first and second sections provide for the conviction and persons who shall "incite, set on foot, assist, or engage in any rebellion or insurrection against the authority of the United States, or the laws thereof, or shail give aid or to any such existing rebellion or insurrection." By fair comfort thereto, or shall engage in or give aid and comfort construction, persons within those sections are not punished without regular trials in duly constituted courts under the forms and all the substantial provisions of law and the Constitution applicable to their several cases. To this I perceive no objection; especially as such persons would be within the general pardoning power, and also the special provision for pardon and amnesty contained in this act.

under these sections shall be free. I think there is an unIt is also provided that the slaves of persons convicted YEAS-Messrs. Anthony, Chandler, Clark, Doolittle, Fes-jection, in this. It is startling to say that Congress can free fortunate form of expression, rather than a substantial obsenden, Foot, Foster, Grimes, Hale, Harlan, Harris, Howard, a slave within a State, and yet if it were said the ownership Howe, King, Lane of Indiana, Lane of Kansas, Morrill, of the slave had first been transferred to the nation, and Pomeroy, Sherman, Simmons, Sumner, Ten Eyck, Trum- Congress had then liberated him, the difficulty would at bull, Wade, Wilkinson, Wilmot, Wilson of Massachusetts, Wright 28. once vanish. And this is the real case. The traitor against the General Government forfeits his slave at least as justly

198

as he does any other property; and he forfeits both to the Government against which he offends. The Government, so far as there can be ownership, thus owns the forfeited slaves, and the question for Congress in regard to them is, "shall they be made free or sold to new masters?" I perceive no objection to Congress deciding in advance that they shall be free. To the high honor of Kentucky, as I am informed, she is the owner of some slaves by escheat, and has sold none, but liberated all. I hope the same is true of some other States. Indeed, I do not believe it will be physically possible for the General Government to return persons so circumstanced to actual slavery. I believe there would be physical resistance to it, which could neither be turned aside by argument nor driven away by force. In this view I have no objection to this feature of the bill. Another matter involved in these two sections and running through other

parts of the act will be noticed hereafter.

tions.

one on a crusade to overthrow that same Government is

ilar provisions are not uncommon in connection with pro-
ceedings in rem.
For the reasons stated, I return the bill to the House in
which it originated.

Other Proceedings.

IN HOUSE.

1862, May 14-The Select Committee consisting of Messrs. Eliot of Mass., Sedgwick of New York, Noell of Missouri, Hutchins of Ohio, Mallory of Kentucky, Beaman of Michigan, and Cobb of New Jersey, reported two bills-one "to confiscate the property of rebels for the payment of the expenses of the present rebellion, and for other purposes;" and the other "to free from servitude the slaves of rebels engaged in or abetting the existing rebellion against the Government of the United States." It

I perceive no objections to the third and fourth secSo far as I wish to notice the fifth and sixth sections, they may be considered together. That the enforcement of these sections would do no injustice to the persons embraced within them is clear. That those who make a causeless war should be compelled to pay the cost of it is too obviously The former bill was first considered. Must to be called in question. To give governmental protecion to the property of persons who have abandoned it and provided "that all the estate and property, tbsurd, if considered in the mere light of justice. The se- money, stocks, credits, and effects of the persons erest justice may not always be the best policy. The prin- hereafter named in this section, are hereby ciple of seizing and appropriating the property of the person forfeited to the Government of the United States, embraced within these sections is certainly not very objectionable, but a justly discriminating application of it would and are declared lawful subjects of seizure and be very difficult, and, to a great extent impossible. And of prize and capture wherever found, for the inwould it not be wise to place a power of remission some-demnity of the United States against the exwhere, so that these persons may know they have something penses of suppressing the present rebellion." to lose by persisting and something to gain by desisting? The classes are substantially as stated in the am not sure whether such power of remission is or is not within section thirteen. Without any special act of Con- act, and the provisions of the bill are, in large gress, I think our military commanders, when, in military phrase, "they are within the enemy's country," should, in part, those of the act. an orderly manner, seize and use whatever of real or personal property may be necessary or convenient for their commands; at the same time preserving, in some way, the

evidence of what they do.

What I have said in regard to slaves while commenting on the first and second sections is appplicable to the ninth, with the difference that no provision is made in the whole act for determining whether a particular individual slave does or does not fall within the classes defined in that section. He is to be free upon certain conditions; but whether those conditions do or do not pertain to him, no mode of ascertaining is provided. This could be easily supplied. To the tenth section I make no objection. The oath therein required seems to be proper, and the remainder of the section is substantially identical with a law already existing.

The eleventh section simply assumes to confer discretionary power upon the Executive. Without the law, I have no hesitation to go as far in the direction indicated as I may at any time deem expedient. And I am ready to say now, I think it is proper for our military commanders to employ, as laborers, as many persons of African descent as can be used to advantage.

The twelfth and thirteenth sections are something better than objectionable; and the fourteenth is entirely proper, if all other parts of the act shall stand.

That to which I chiefly object pervades most part of the act, but more distinctly appears in the first, second, seventh, and eighth sections. It is the sum of those provisions which results in the divesting of title forever.

For the causes of treason and ingredients of treason, not amounting to the full crime, it declares forfeiture extending beyond the lives of the guilty parties; whereas the Constitution of the United States declares that "no attainder of treason shall work corruption of blood, or forfeiture except during the life of the person attainted." True, there is to be no formal attainder in this case; still, I think the greater punishment cannot be constitutionally inflicted, in a differ

ent form, for the same offence.

With great respect I am constrained to say I think this feature of the act is unconstitutional. It would not be

difficult to modify it.

I may remark that the provision of the Constitution, put in language borrowed from Great Britain, applies only in this country, as I understand, to real or landed estate. Again, this act, in rem, forfeits property for the ingredients of treason without a conviction of the supposed criminal, or a personal hearing given him in any proceeding. That we may not touch property lying within our reach because we cannot give personal notice to an owner who is absent endeavoring to destroy the Government is certainly satisfactory. Still, the owner may not be thus en

provided

Pending its consideration,

May 26-Mr.. ROSCOE CONKLING moved the addition of the proviso to the fifth clause of the fifth section, which was agreed to-yeas 100, nays 50-as follows:

YEAS-Messrs. Aldrich, Alley, Arnold, Ashley, Babbitt, Ba ker, Baxter, Beaman, Francis P. Blair, Jacob B. Blair, Samuel S. Blair, Blake, William G. Brown, Buffinton, Campbell, Chamberlain, Clark, Clements, Colfax, Frederick A. Conkling, Roscoe Conkling, Cutler, Davis, Dawes, Delano, Duell, Dunn, Edgerton, Edwards, Eliot, Ely, Fenton, Fessenden, Fish, Frank, Gooch, Goodwin, Granger, Gurley, Hanchett, Har d son, Hickman, Hooper, Horton, Hutchins, Julian, Kelley, Francis W. Kellogg, William Kellogg, Killinger, Lansing, Loomis, Lovejoy, McKnight, McPherson, Mitchell, Moor head, Anson P. Morrill, Justin S. Morrill, Nixon, Noell, Olin, Patton, Timothy G. Phelps, Pike, Pomeroy, Porter, Potter, Price, Alexander H. Rice, John H. Rice, Riddle, Edward H. Rollins, Sargent, Sedgwick, Shanks, Sheffield, Sloan, Saith, Spaulding, Stevens, Stratton, Benjamin F. Thomas, F. ancis Thomas, Train, Trimble, Trowbridge, Van Horn, Van Valkenburgh, Verree, Wall, Wallace, E. P. Walton, Washburne, Wheeler, Whaley, Albert S. White, Wilson, Windom, Wor cester-100.

NAYS-Messrs. Allen, Ancona, Baily, Biddle, George H. Browne, Calvert, Cobb, Corning, Cox, Cravens, Crisfield, Crittenden, Dunlap, English, Grider, Haight, Hall, Harding, Holman, Johnson, Kerrigan, Knapp, Law, Lazear, Leary, Lehman, Mallory, Maynard, Menzies, Noble, Norton, Nugen, Odell, Pendleton, Perry, John S. Phelps, Richardson, Rob inson, James S. Rollins, Shiel, John B. Steele, William G. Steele, Vallandigham, Voorhees, Wadsworth, Ward, Webster, Wickliffe, Wood, Woodruff-50.

Mr. MAYNARD Submitted a substitute, defining the offence of treason an affixing the penalty of death by hanging; "and if the offender shall theretofore have held any office under the Government of the United States, of honor or profit, whether military, naval, or civil, he shall be adjudged in a fine at least equal to the proven value of his entire estate." defines misprision of treason, and affixes the pu ishment of confinement at hard labor for It makes other offences, not less than five years and a fine equal to his or her entire estate. described, high misdemeanors, punishable, on mistion with fine not less than $100,

It also

CONFISCATION.

|

imprisonment not less than fifty days. It pro- Harding, Harrison, Holman, Horton, Johnson, Kerrigan, Menzies, Nixon, Noble, Norton, Nugen, Odell, Pendleton, vides for trying persons charged with the de- Knapp, Law, Lazear, Leary, Lehman, Mallory, Maynard, scribed offences upon the presentment or the Perry, John S. Phelps, Price, Alexander H. Rice, Richard indictment of a grand jury in any of the cir- son, Robinson, James S. Rollins, Segar, Sheffield, Shiel, Smith, Francis Thomas, Train, Vallandigham, Voorhees, Wadsworth, cuit or district courts within the judicial dis-John B. Steele, William G. Steele, Benjamin F. Thomas, Ward, Webster, Wickliffe, Wood, Woodruff-68.

trict in which the crimes shall be alleged to have been committed, or authorizes a writ of capias to the marshals of the districts, to be furnished, on application to the President, with sufficient military force to execute the writ. An oath is prescribed for all officials, jurors, &c., and the President is authorized to grant an amnesty to all offenders within the act, except those who, having held office under the United States, have at any time engaged in rebellion and held office.

AN EMANCIPATION BILL.

May 14-The Select Committee reported this bill:

That if any person within any State or Territory of the United States shall, after the passage of this act, wilfully engage in armed rebellion against the Government of the United States, or shall wilfully aid or abet such rebellion, aid and comfort, every such person shall thereby forfeit all or adhere to those engaged in such rebellion, giving them claim to the service or labor of any persons, commonly known as slaves; and all such slaves are hereby declared free and forever discharged from such servitude, anything in the laws of the United States or of any State to the con

This was rejected-yeas 9, (Messrs. J. B. Blair, Clements, Diven, Fisher, Harrison, Hor-traiy notwithstanding. And whenever thereafter any perton, Lazear, Maynard, Mitchell,) nays 140.

Mr MORRILL, of Vermont, offered a substistate whose principal difference was the omission of this the second section of the reported bill:

That if any person within any State or Territory of the United States, other than those named as the aforesaid, after the passage of this act, being engaged in armed rebellion against the Government of the United States, or aiding or abetting such rebellion, shall not, within sixty days after public warning and proclamation duly given and made by the President of the United States, cease to aid, countenance, and abet such rebellion, und return to his allegiance to the United States, all the estate and property, moneys, stocks, and credits of such person are hereby forfeited thereafterwards to the Government of the United States, and the Bame are declared lawful subjects of seizure and of prize and capture wherever found; and the President of the United States shall cause the same to be seized, to the end that they may be confiscated and condemned, as hereinafter provided, to the use of the United States; and all sales, transfers, or conveyances, of any such property after the expiration of the said sixty days from the date of such warning and proclamation shall be null and void; and it shall be a sufficient bar to any suit brought by such for the possession or the use of such property, or any of it, to allege and prove that he is one of the persons described

in this section.

And this addition :

person

That every person guilty of the acts described in the first section shall, in addition to the forfeitures, be incapable of voting for President or Vice President, and not be an elector of the United States, and disqualified from holding the office of President or Vice President, or holding any office by appointment from the President.

The substitute was rejected-yeas 25, nays 122. The YEAS were:

Messrs. Baxter, Jacob B. Blair, W. G. Brown, Roscoe Conkling, Diven, Dunn, Fisher, Goodwin, Haight, William Kellogg, Killinger, McKnight, McPherson, Maynard, Mitchell, Moorhead, Justin S. Morrill, Nixon, Timothy G. Phelps, Porter, Sheffield, Stratton, Trimble, E. P. Walton, Worcester-25. The bill reported by the committee was then passed-yeas 82, nays 68, as follows:

YEAS-Messrs. Aldrich, Alley, Arnold, Ashley, Babbitt,
Baker, Baxter, Beaman, Francis P. Blair, Samuel S. Blair,
Blake, William G. Brown, Buffinton, Campbell, Chamber
lain, Clark, Colfax, Frederick A. Conkling, Roscoe Conkling,
Cutler, Davis, Duell, Dunn, Edgerton, Edwards, Eliot, Ely,
Fenton, Fessenden, Frank, Gooch, Goodwin, Gurley, Hick-
man, Hooper, Hutchins, Julian, Kelley, Francis W. Kellogg,
William Kellogg, Killinger, Lansing, Loomis, Lovejoy,
McKnight, McPherson, Mitchell, Moorhead, Anson P. Mor
rill, Justin 8. Morrill, Noell, Olin, Patton, Pike, Pomeroy,
Porter, Potter, John H. Rice, Riddle, Edward H. Rollins,
Sargent, Sedgwick, Shanks, Sloan, Spaulding, Stevens,
Stratton, Trimble, Trowbridge, Van Horn, Van Valken-
burgh, Verree, Wall, Wallace, E. P. Walton, Washburne,
Wheeler, Whaley, Albert S. White, Wilson, Windom,
Worcester-82.

NATS-Messrs. Allen, Ancona, Baily, Biddle, Jacob B.
Blair, George H. Browne, Calvert, Clements, Cobb, Corning,
Chz, Cravens, Crisfield, Crittenden, Dawes, Delano, Diven,
Dunlap, English, Fisher, Granger, Grider, Haight, Hall,

son claiming the labor or service of any such slave shall thereto that the claimant was engaged in the said rebellion, seek to enforce his, claim, it shall be a sufficient defence or aided or abetted the same, contrary to the provisions of this act.

That whenever any person claiming to be entitled to the service or labor of any other person shall seek to enforce such claim, he shall, in the first instance, and before any order shall be made for the surrender of the person whose service or labor is claimed, establish not only his claim to such service or labor, but also that such claimant has not in any way aided, assisted, or countenanced the existing rebellion against the Government of the United States. May 26, pending its consideration,

Mr. FRANCIS P. BLAIR Jr., offered an amendment, to add to the bill sections providing for the appointment by the President of commissioners for each slave States, to make lists of the names of slaves held by persons described in the first section, to be reported to the district court of the United States, of the proper district. If the slaves are not claimed by any one, they will be declared free by the court; if they are claimed, the claimant must prove that he has not been engaged in, nor aided and abetted the rebellion, nor given aid and comfort to those engaged; or if engaged under compulsion this must be proved. In failure of proof, the slaves shall be declared free, and be given a certificate of freedom, and to be employed under the direction of the commissioners, in cultivating lands belonging to the United States, or other useful labor, and may be employed by the commanding officers of the army, with the consent of the commissioners, as may be agreed upon. Commissioners authorized to bind them as ap prentices to loyal proprietors of lands or mechanics, for not over five years where the slaves are over twenty-one, and if under, not to extend beyond their twenty-fifth year. The President was authorized to purchase lands in Mexico, Central or South America, or islands in the Gulf of Mexico, to be removed with their own consent, they to receive not exceeding fifty acres to an individual, or eighty to the head of a family, and be guaranteed the civil and political rights secured to all other citizens in said countries-the proceeds of confiscation and the earnings of those liberated persons to be applied to the payment of those expenses.

This was rejected-yeas 52, nays 95, as follows:

YEAS-Messrs. Aldrich, Arnold, Baker, Baxter, Francis P. Blair, Campbell, Clements, Colfax, Roscoe Conkling, Dawes, Delano, Diven, Dunn, Edgerton, Edwards, Fenton, Fisher, Frank, Gooch, Goodwin, Gurley, Kelley, Killinger, Mc

200

Knight, McPherson, Maynard, Moorhead, Anson P. Morrill, I shall be punished by the forfeiture of his personal property,
Justin S. Morrill, Nixon, Olin, Patton. Timothy G. Phelps, including choses in action, and his life estate in any real
Pike, Pomeroy, Porter, Alexander H. Rice, Riddle, Edward property within the United States, and by the liberation of
H. Rollins, James S. Rollins, Shanks, Stratton, Train. Trim- his slaves.
ble, Verree, Wallace, E. P. Walton, Washburne, Wheeler,
Whaley, Albert S. White, Worcester-52.

SEC. 3. That every such person described disqualified to hold any office under the Government.

SEC. 4. This act shall not be construed as to affect prosecution or conviction of persons guilty of treason before the SEC. 5. The duty of the President, by his marshals or passage of this act, unless convicted under it. other officers, to seize and sequester property of every kind, of persons engaged in rebellion and especially of officers of the rebel army and navy, and of the President and other officers, military, naval, or civil, of persons formerly holding office under the United States and taking up arms, or No slave to be give aid and comfort to the rebellion, or persons owning property in loyal portions of the country hereafter engaged in the rebellion; to hold and possess such property until appearance and trial of the offender. seized under this act, but the United States to have a lien on all slaves of the persons described to answer such order any force made after the commission of the offence. as may be made touching their liberation, and no sale of

SEC. 6. That the property so seized and sequestered shall be held or rented until the owners can be proceeded against, and if convicted, said property shall be forfeited and all perishable property may be sold and proceeds paid into the Treasury, and if owner discharged on trial shall be returned to said owner.

SEC. 7. That if the owner of any property seized shall shall be made by the court requiring such person to appear flee from justice, and cannot be brought to trial, an order at a certain time, and if he do not, all his estate shall be forfeited, and the liberation of his slaves, and himself and heirs forever barred from recovery thereof.

SEC. 8. That the President of the United States, when he deems it necessary that any personal property seized by the army and navy, and belonging to a person hereafter engaged in the rebellion or given aid and comfort thereto should be confiscated, may cause proceedings in rem against such property, and if found to belong to a person engaged in the rebellion, said property shall be forfeited.

SEC. 9. President may by proclamation command insurgents to lay down their arms within sixty days, and if they SEC. 10. That no person discharged from labor under this do not, their property shall be confiscated and slaves freed. act, nor the descendants of any one, shall ever be reduced to involuntary servitude, (except as a punishment for crime,) and entitled to be discharged on habeas corpus.

SEC. 11. That whenever any person shall be discharged from service or labor owing to another, the court shall give such person a certificate of discharge, under seal of the court, and conclusive evidence of his freedom, and if there person so holding the freed man shall be convicted, he shall after scized, shall be discharged on habeas corpus, and if the be punished with imprisonment for not less than one year or more than five years.

SEC. 12. That no slave escaping from one State or territory to another shall be delivered up, (except for crime) unless the owner make oath that he has not been engaged in the rebellion or aided and abetted it; and no person in the military or naval service of the country shall assume to vices of another. pass on the validity of any claim of one, person to the ser

SEC. 13. That the President is authorized to employ NAYS-Messrs. Allen, Ancona, Arnold, Ashley, Baily, Baxter, Biddle, Francis P. Blair, Jacob B. Blair, George H. negroes for the suppression of rebellion and treason, and SEC. 14. And is also authorized to make provision for the Browne, William G. Brown, Calvert, Campbell, Chamberlain, organize and use them as he may deem proper. Clements, Cobb, Colfax, Frederick A. Conkling, Roscoe Conkling, Corning, Cox, Cravens, Crisfield, Crittenden, Cutler, colonization of negroes made free by this act as may be Dawes, Delano, Diven, Dunlap, Dunn, Edwards, Ely, Eng- willing to emigrate, and obtain the consent of the Govlish, Fenton, Fisher, Gooch, Goodwin, Granger, Grider, Gur-ernment of the said country to their protection and settle ley, Haight, Hall, Hanchett, Harding, Harrison, Holman, ment within the same, with all the rights and privileges of Horton, Johnson, Kelley, William Kellogg, Kerrigan, Kil- freemen. linger, Knapp, Law, Lazear, Leary, Lehman, McKnight, McPherson, Mallory, Maynard, Menzies, Mitchell, Moorhead, Justin S. Morrill, Nixon, Noble, Noell, Norton, Nugen, Odell, Olin, Patton, Pendleton, Perry, John S. Phelps, Timothy G. Phelps, Pomeroy, Porter, Price, Alexander H. Rice, Richardson, Robinson, James S. Rollins, Sargent, Segar, Shanks, Sheffield, Shiel, Smith, Spaulding, John B. Steele, William G. Steele, Stevens, Stratton, Benjamin F. Thomas, Francis Thomas, Train, Trimble, Vallandigham, Van Horn, Verree, Voorhees, Wadsworth, Wall, Wallace, Ward, Washburne, Webster, Wheeler, Whaley, Albert S. White, Wickliffe, Wood, Woodruff, Worcester-116.

Mr. E. P. WALTON's substitute provides:
SEC. 1. That every person who shall hereafter commit
treason, shall suffer death, and all his slaves made free; or be
imprisoned not less than five years, and fined not less than
$10,000, and all his slaves made free; said fine shall be levied
on property excluding slaves.

22 That if any person shall engage in rebellion
us aid and com ́art thereto,

SEC. 15. And is also authorized to extend pardon and SEO. 16. That the courts shall have full power to carry amnesty to those engaged in the rebellion. this act into effect.

Which was rejected-yeas 29, nays 121. The YEAS were

Messrs. Baxter, Francis P. Blair, Dawes, Delano, Dunn, Fisher, Frank, Gooch, Goodwin, Granger, Killinger, Mo Nixon, Olin, Patton, Timothy G. Phelps, Porter, Alexander Knight, Maynard, Mitchell, Moorhead, Justin S. Morrill, H. Rice, Sheffield, Stratton, Train, Trimble, Verree, E. P. Walton, Worcester.

Mr. MORRILL, of Vermont, offered a substitute providing

SEC. 2. That the President shall appoint commissioners for each State by whose laws persons are held to service, who shall make a list of the names of slaves and their owners. and return it to the district where the slave resides; which