' . Mingle Copies. I'lw C cut. ' "The M It-rt- SJM FreTer."-0to UWM BiMBS Kdilor A Proprietor. ' Wltnl'V KO 285 " a, jurist, m :.. TUESDAY. DECEMBER 17, 1867. WHOLE NO -VM VOL II. NO. 105. Dan CASTELLO AND John Robinson! ! Tm hmvs seen and heard and paid pour twenty five cent III And you have also read that GrOLD is Going Up ! Up!! ... ulu. th. undent that dow to tbe time tobtry HOWERTON Hodm ttottotoi sattofled every unprejudiced Hindi Ut the place to buy goods ( heap. Cheaper than the Cheapest, Is at Franbroro'i oia smuu Two doors above the Market House, Md one door below tbe old Drug stand or Henderson WNOT. It to never too late to be convinced, and if M wiU call on HOWERTON where yea aee his sign out, a few pui-cbaaea, or even toW-wies wilf remove the lade of the ghort of a doubt,4 an (iov. ance say. Hto stock to varied and extensive ramifying every department of merchandize and equal, if not aupe rior to an v in market . Having adopted the system of always pay1"? rMh asm therefore buying at the lowest figure. Aprth, HOWERTON to enabled to adopt in selling the princfptoof the nim M sixpence and sell at the lowest figure.. His stock consist of (among mauy article too te dious to mention ) Dry Goods, Hardware, Groceries, Crockery, Boots and Shoes, Hats and Caps, V,v. Knfinns. Confectioneries, such other articles as are usually sold in this .'.... Pmrii.ce received in barter. Tlie high- aaarates are allowed for specie and bank noteSv . Iii and pricjmy j&jjj. Wtto.toDury. N- C, OeV 16. Wf. twAwBm Cheap! Cheaper! Cheapest! V. WA1VLAOB, KO. 2, MlUPnY'S BOW Next to McCubbins, Foster & Co.) HAS JUST OPbVeD AN ENT1 RELY NEW and well selected stock of Drx Ooodb, such as Flannels, Delaines, (aU wool,) Merinos, Alpacas, Prints, Shirtings, " Sheetings, Domestics, bleached and unbleached, Fancy Notions, Ladies Dress Trintmtngs, fce., tu., .. , swad vorioo other articles usually sold la No. 1 Pty Good. Establishment. A Choice Selection of Cloaks, Shawls, &c, Clothing ! Clothing tlea-en's Fnraiaiuaff GOODS, n.k. n, Roots and Shoes Trnnas, Valises, UaAreUas, and everything pertaining to the tar- of an outfit for gcutlemcn. .fat Groceries, &c, AM kinds, kept ooaaUnUj on band and will be Country Produce Takea la exchange lor lux o. uive iwi aad I will inauraaatianuni .r .ij w ' ' ' p iTT-in T7DV . ., - . I .. .. W JsUJi-. . ' z sjfcaif itltm oteijMIrt , Ko.i. Hnrphf. e . wv as .ai im . m m m i a am. an a w m - . . . ----------- - THE v OLD NORTH STATE. TRIWEEKLY.! CT BATES Of HUB8CBIPT10N. -CI MS-CASH II ABMraitvaB. Tri Weekly, Ob. Year 8U Mentha, One Mouth, I. 0(1 . s.oo. 76cts. WIU1T. Wee kly paper. Owe Year. u Hx mnnlha. " Ten copie One Year, .. TMrtitw . .iiiies. One Year 3.0U 1.S0 M.O0 41.00 A cross X on the paper indicate, the expiration o( UTh.b,y'plPon0 which the "Ou. Ko.r. H, I. printed i. entirely now. No paioa will be snared I to make it welcome visitor to every family . I n order o do thl. we have engaged the services oTable and accomplished llterarr tontrlbotora. ADVBRTISINO RATES TRANSUtXT HATKB For all periods lea. than one month One Square. First insertion K w . . I , j . w ...ant inwrtinll OU ""n-rT"- . . . ,u. Contract raten for periods or one 10 iom 1 MO. I S MO. 3 MM 4 Mo t, M,, 1 SQ1 AKF.. 9 so i auks. S BOl'ABBS, 4 841-ABBS, QO III COt a Ai.r cm.. 3 QUA. COL ONS I'm- 16.00 SH5 I $13 0 i 17.00 91.00 33.0 94 00 33 00 40 01 63.00 t600 91 00 36.00 3H0O 91 00 SHOO 4B0U fiO.OO .-.HI IKI 97.00 3 400 3.700 3.HS0 44 00 60 00 70,00 760 1000 13.01) 13.00 90.00 35.00 30,IK Hi" 18 01 IH0 19.00 97.00 33 0 43.0J Special Contracts will be made with those who desire to advertise for a longer term thaB four montlm. Court Notices and Advertisement, wilk-he charged at the usual rates. Ten linos of solid minion type, or about one inch lengthwise f the column, constitute a Special Notices, in leaded minion, will be con traded format the office, at not less than double the rate of ordinary advertisements. Inserted as reading matter, with approval o the editors, fifty cents rat line. Advertisements inserted irregularly, or at inter vals, 25 per cent, additional. The rates abov" printed are for standing adver tisements. . .! One oxjwo squares, changeable at discretion. .0 per cent 'additional. . .iiltt More than two square, changeable at discre tirm. per square of ten lines, for every change, twenty-five cents ' Fivo squares estimated ao a quarter column and ten squares as a half column. Btlla for vertising, whether bv the day or year, will be considered due and oollectablc on presentation Id OongTOBi Bonae et Pr"nu" tives, December iom. The Coofiacariou Bill of Mr. Sterent, beinp under coomidcration, Mf. Eldridg, of Wisconsin, apoke aafolloWs : IU. ELDMDGE. Mr. Speaker, it is time the Union was restored. It i time the, people were enjoying the fruits of the victory wnn in its name and on its behalf, ft is- tfnrf the mrtiw m whee- aefnt, in .Iima inti-rcst. and bv whose power and valor the batt e was fought should be al lowed to rest, to resposc, to recuperate. The bloodj and terrible war of more than fotfr yeara duration emiea is ww years ago. xuc iifiueu tii"uii v..fe- . " It. ...nb.. Al 1 1 1 1 1 SI dered, the vengeance it t-o. haveetrded with the war. Pernicious pas sion, vengeful hate hate, all the destruct ive and malignant appliances ui woi .; incompatible wyith peace. More than two ndahalf years ago every army of the confederates surrendt r o, ana every wu federatee Burrendered, and every confeder ate toldier gave up hia urms and f oecl for peace. Siuce that day no war weapou u been raised, no armed man has lifted bis finger against tbe national aainomy, out all, all without exception submit incm- Bclyjr to the Uonatitution ana United States and have or are ready to A a 'I'lli.JO renew tneir allegiance vu .jusui. i mmmi the terms demanded from tbe begin ning of the war to the end : these were the terms of eurreuder. Why then is nut the Union, the object of the war, restored I Why ia not the oppreaalve foot of tbe con- W . I 1 1. i I,A qnt ror taaen on luc si conquered, and the future liberty, prosper- ity happiness, and uuity tue avepnouc re-edtablished and aMured. , Sir, in answering these qncationa I lie historian, the faithful, the impartial histo rian, will prefer tbe most fearful in diet tneirt against the party that has had control of tl.ia Hovernment. It will be a record of Line! dospotisma, "of v4obulawof-b4u- ken faith, of nnluinuea promises, oi ngun afirWpaTot cnoldtuliolil ovi rthrowii, and of tivil liberty trampled aiitlar rbt aad all in the intejest of mew party. BSyTTiir couulrv to its to mer happy aUte lias, since the war ceased been at all times and wholly in the hands and power of the Republican party. It alone ia responsible for all that has been done and all that has been left undone. It elected tb President and it elected the majority of Congress. It baa agreed with both the Bresident and Congteasi, Since tbe majority of the party began a differ w.th the President it has not dared to com mit iialf to auv terms upon which the cou- " sr a 1 11U' l. nirUlU uui'i. " f'-- - A f, derate States may b-permiUed repreaent.kf no yMgL 0f tbe civilised I ulum It seems to be afraid the terms might beaecepV d and scms a finality. It spends it. time in ai sTry ciuUsntionawith the Pre 1, . 1 ! lomanddiidiuelbe isroule. It will be hap .Idl Ut. aoo 10 ih-ti.i"F t-cu. w. v,r...B j py indeed for the country if while a Re- akf-1- t u wranariiaa with a publican President and seeking to defeat bis policy of restoration for paity end, alone the golden opportunity, yea the last opportunity, for restoring the Union and saving saving constitutional government shall not have psssod fort vjr. If it docs noi, it will not he owing to the wisdom, forbearance, or generosity of this Congress. It has met every. submission of the con federate, every overture of peace too re conciliation, with greater and more oner oat exactions. More cruel aud exorbitant demands are made whenever it w believed tbey can be enforced. Ita stern, unrelent ing power alone is the measure by which their humiliation and oppressions are to be determined. And now it is propos ed by the veteran leader of the majority, Mr. 8tevena, of Pennsylvania, bjr a bill which be introduced in this 'House on the 20th day of March last, to coufiaeate their property by act of Congress. In hia speech on that day be says : "The punishtnennt, of traitors has been wholly ignored by a treacherous f.aeeu- live aua uy a iiuntu " "To this issue rJissire to devote the small remnant of my life" Mr. Speaker, when I listened to the venerable gentleman in that speech, totter ing as he seemed on the brink of the grave, so full of bitterness and uncbaritableiicss, I could but fed that the " remnant of his days," whether great or " small," were better spent in tbe exercise of that charity and forgiveness with which alone he could exiect the favor of the nual Conqueror, our divine Master. In his speech he lays down this most exordinary proposition : " The laws of war authorise uto take this pro oertv by our sovereign power: by a law now-to be passed. We have a subdued enemy in our power ; wc have all their property and lives at our disposal-" , 4 . This Is the fbundnt'n idea that the 1 iws of war authorise us to luke this pro perty by oat sovereign powvr; by a law now to be pa.-scd." The propriety of sthUi a law I might answer to the satisfaction of .kl. Ho,. and the irentleinan himscli by a quotation from the ablest statesman here, j who, if not always, is generally consistent ! with lurse f. t he gen.iicmaii mmw on thu 1 1th day of December, 1866, as re ported in the Globe of that day, says : r Ho not believe that it is sale for us tound..rtak to nC laws Hbv which we can or may lie able to . 1, , I,,, ... nil.t nut. lie I (16 not believe that ll neeomes uns im.., u L..ii a ,,,,,i,.ril,.. law ulistinc when the crimes punish men, noweer pioi. - f " . 9 .t 1 ...;.! u i..ii fh,. nines were committed." ' , " J" aware thatUie traitors 111 the Sonth, if tried un derouy existing Constitution and laws, will not one of them hecouvieted." That is from Thaddehs Stevens. What then is this legal proposition that is so plain, the principle of which U.to be taken as conceded, that needs no argument, that rests solely on assertion? It is simply this and notliingle : the Gok.of hiiitle has given us the victory over the rebellion, and ten or twelve million human beings our countrymen men, women, and chil dren, lie conquered at our feet, and we have a right to dispose 01 mem as ws.w fit. "We have all their property and lives at our disposal." The proposition is most atrocious. I deny it in tolo. . In the name 'of the Union, our common country, its cherished memories and sacred hopes, which the war, if not a failure on our part, has saved undivided and unbroken, I deny it; in the name of our Constitution, yet living and in force, however much ignored, scorned, aud disgregarded, I denv it ; io the name of tbe common laws of natious, those maxi-ns of justice, enlightened reas on, and humanity, tempered and softened by our Christian religion, which no people can diregard without national dishonor, I deny it. There is no law, human or divine, by which "we have all their property and lives at our disposal." TT the war had been a war for conqnest and subjugation, so declared and prosecuted against a foreign nation, and it had surrendered in like man ner, no law could be found for disposal of the lives of a whole people. Could they all be disposed of into slavery T How of ten have we heard the gentleman assert tK.it tlii-.Ti Wxtl no law for slavery T C ouid , , 1 is'ibb, s m mf m; mm ismr mrwa y j -4 - mi.J. t .rt.ni laws bbsW SW Uod. dispose of their lives upon the scattold or .1... m l it. ,u 11, in v men. women, and III,- UK,!,. I . " " J 7 . wnrrdarrow up to brrra ctmqwred I tigerents before they would unite togeiu. r to destroy oar power as a nation 01 smwr runs and outlaws. How many ltvw would the Unets of the gentlemail s reli gion allow him to dispose of upon the block! Let us bring tha question to some ..II ,..wi. 1 i,n 000 20.000. or 10.0001 uiitvut ni .r-a v--, 7 1 . vvi.i, ..,111,1....' -.ill aatiffv his thirst tor blood ! One half the smallest number ta ken by this Government, now the War has ud'ii, would bring upon as m n-u.., mo riviiiatru v Yet the L" nt I" tn 111 telht Thb BiU. it r.m. to ms. eaa hs eoademned only by the rrimiohi .nd their hameditte wiSSHto, fJ to.t.amanlykiBdofBBwlH-e.oU ue.iua. .---j- . 1 ,r i, , iw. led 11110 . fl.nl wesne , w -l. te men ,, aad hich la tMaajaat 1 o(rn nntenpen-tl via rrain fjes. aed to ta reog--- ; the ( of religion is to "do aate other, what others h.re a right to expect from von " It to oBensivs V crUlaariBlBtlisi doctor. of divinity who srs nawk islilyptstlng sjHMSt the "toMsd calf, the prodkal aoa, sndltUSjrglvIng lather." Nowe I do not know in the opinion of the gentleman In which class the views I en tertain will pltee me, nor do I acre. Ev ery faculty of my mind and ever feeling of my heart condemns that measure. The P ntlomanin hJy of ti.im er t ,Mrla tlm most sacred nrecenta of religio7"bo unto othera what others have a right to expect from you," he says. When did that "become the essence of re ligion f" The confederates, from their khnwradm of the eentleman and his party, may have a right to expect tbe passage of this bill, the confiscation of all their prop erty, and the disposal of nil their Uvea upon the git bet ; but the Christian religion will not justify it. The gentleman'B friends iii.i v hava the ' risht to expect," from tbe promise wnlcn ne maac at me opening , . i 1 a . 1 as Ills speech, that he will devote the "remain der of his days" to the taking of property from tbe Southern white man and giving it to tbe Southern black man. The black man. too. mav expect it from him. But the Christian" world will scarcely agree that ii is in accordance with the "essence ot re ligion." If- IThnniibtedlv the nrescnt purpose ot tins bill is not so much to destroy, dispose of the lives of these people as to reach, and appropriate their property. Avarice, ac eui .-, ,1 avarice, that Would feast and grow rich upon robbery and spoliation ; that in fernal treed that made merchandise of the wants and woes of lite soldier and his fam ily, that fed him on spoiled meat and cloth i. him in shoddv. and robbed his wife and little ones of his scanty earnings while he was fighting the battles of the Republic, the insnirinr motive. But the right loJdWisc of their Uvea resU upon the same authority is aa clear and is is asserted with the same possitiyeness as t he rnrut to appose oi an mcir a 1. C 1 1 . 1 w, w, n..t , The same law that jjnhjccts the property subjects the life to the disposal of the con unci or.' If the oho is in onr power so as the other. If we can dispose of the one by act of Congress we can of the other al so. The gentleman says : ' The laws of war authorise us to take this w . . . . K L Ti.i a i ,m puased. We have a subdued enemy in our we haVc aU their property and lives at iHiwutl o imioertv UV our soven-ijcn - ' -"T"" .... r t t -... r.. tne laa's 01 war : a new wmw n which Congress is lo derive sovereign pow ers ! Where are these laws of war, and how do they read 1 If the gentleman means tha laws of nations, I insist they do not and cwinnet .confer any such powers upon congress. His quotation from Vattel relates to a case belwceu.,two different na tions, and rcfers to the ancient, not the modern rub. The samo author says, page 459: . Formerly In conqucFts even individuals loBt their lands, and ff is feii at all strange that in the litst stsges of irntna such custom should have prevailed." . " but at present war is less terrible to the subject." ' t t In relation to civil war Vattel says, page 491: , " A sovereign having conquered the opposite ,,.,.-t . 1.1,1 r,.,ii . ,1 it to submit and sue for peace L mnv oreont from the amnesty, the authors of the troubles and the heads of tbe party ; may bring them to trial andVand on conviction, pnn -ishthem " "The danger of tm m tting (treat injastiee y the hastily punishing those who are accounted rebels, the tumult of dis cord ;and the flame of a civil war little agree with the proceedingsof pure and sacred juntice : more quiet times are to be waited for. It will be wise in the prince lo secure his prisoners till, hating re stored tranquility, ho is in a condition 01 having them tried according to the laws." Not according to a law to be made, but, by the law of the land as it existed when they rebelled. Tire modern rules, when one nation is conquered by another, is thus stated by Wheat 011, page 596 : " Ity the modern usage of nations, pri vate pro perty on laud is exempt from confiscation, with ...,iiii.m of such as may become booty in special eases. This exemption extends even to an absolute and unqualified conquest of the ene my's country." .' , So Justice Marshall states the law in 7 Ew.Sftja6S Bi --wtTtes nut K nnwortn . - . -mi -w It rWr mMtA. efett-Ht eert uefMial-ns flw a . .....-. .r I., .lo limn- than bi displace tha sover i Jnd assume dominion nveptiiecoautry. The ,,rn aaagea in nnuwus jo - m - - - . L. . h has heoeine law rigbfwfili'hls acknowledged i-. .iViiT Tie vmlilteu tttttV st-B d felt by the whole mm iw.,,1.1 h.. .i.nerallv confiscated and private ... 1 1 1., outraged, if private pro- rights anuulled. The petle change their alle- ir uiee: their reta'ion w ineir sik-k-ih u.Difin" F i . . . . .1 :.B.I.li,,rl.l. mmj'h nlKrAllft is molvea : " 1 urai Vheir rights of property n niain uudistarhed. Thus tbe authorities concur, and they might be greatly multiplied. I have no doubt tbey contain the settled law and usage of natione at the present time. The rules of ancient warfare have improved as the nations have pregressed, The benign influences of the -Christian religion have been dispelling the darkness and barbari ties of the past. . Indiscriminate butcheries and Bweeornc confiscations cannot find . . , . , ... f ,. . ,1 cviiiBatWn. 1 DIS Dill must go uac --- - -- - -- f iu nreccdeuts. if not for 1U advocates tt Ba"Wftifj8Sflttii5iS to the days of savage cruelty and Roman b irbarism. Rut it ia said that the rieht and power of tbe Government to make these confisca tions is not now an open question ; that this was settled by the act a id discussions cf 1862. I am aware that tbe subject was muck and ably discussed at that lime. The arsruments. however in favor of that bill failed to satisfy etva rjaaifWl iw -... i ---. nail not niased I BSBBSBnll, am u vngiw '- r the joint resolution construing, qualifying, and restricting its provisions he would have finally vetoed H as in violation of the Con stitution. Tbe Constitution then had not been as now altogether Ignored. That great kail not been discovered un knowo, unexplored, boundless "outside Even the gentleman from Pennsylvania, now repudiating the Union and IM Con stitution altogether in their application to the people of tbe southern States, then bad lucid intervals, and on such occasions would recur to its provisions. In his speech nt that time advocating confiscation, be sought for authority in the Constitution and claimed it was there ; and he found, also, tbe appalling power in a certain contingen cy to proclaim a dictator. He said : If no other means were left to save the Republic from destruction, I believe we.nave the power under the Constitution, and according to Ms express provi sion, to declare a dictator, without confining the choice to any offlcerof the Government. Ralherthan the nation should pertoh. I would do it; rather than see the nation dlshonosed by compromise, concession andsubinision; rather than see the Union dissever ed ; rather than see one star stricken from tt banner, all other things failings I would do it bow. And, sir, no seeing at the moment just the right man to fill the important position of dictator under the Constitution, anddis trustine, and be was known to distrnst at that time the marttred President Lincoln, whom he now so eloquently eulogizes, in a moment of inspired vision I suppose he discovers the old Democratic hero of New Or-cans, and exclaims "Oh for six months' resurrec'tion of tbe flesh of stern old Jack son I" This Is not the first time in the his tory of this rebellion that the Democracy and its leaders have' been invoked to save tbe Republic. More than once the appeal was made te the Democracy, Save us or we s:na. ... . But many of the worst features of this bill were carefully avoided in that. Tbe argument most strongly urged and relied upon was that it was a war measure nec essary for subduing the rebellion, and that h was competent to nee any and all the means within the reach of the Government for putting an end to the war. It was scarcely" contended that it was to be a per manent measure or bo prolonged beyond the contipuation of actual war. It was to be executed in conjunction with and in aid of the Armv. and would cease to heopera- tive when nence should be restored. Tbe gentleman from Pennsylvania took this view of tbe subjuct in 1361, and he used this language, which will be found iu tbe :ioh of Aucust 2: "I sav it la constitutional and according to the law of nations In tune of war. I admit that 11 von were in a state of peece you could noteontis cate the property of any citiien. You have no to doit in time of oeace. but in time of war you have the right to confiscate the property of every rebel. 1 Th state of thines upon which the main anrnment in favor of confiscation in 1861 and 1862. were predicted no longer exists. The war is over, the rebellion is subdued, the contest of the sworiMSj end- oA a state of oeace has come, asmTas is it said by Chief Justice Chase ift opening the court in Rvleigb, "the national civil inrisdiction is fully .restored." And now, air, in a time ot protouna peace, wiw tm . . .. ' r . s.l. courts all open and their jurisdiction luiiy restored bv an act of Congress it is propos ed to confiscate the Py of "l that people, the people of ten States, combat ants and non-combatants, men, women and children all, indiscriminately, are to be made by it subjects of legal plunder; nay, to be by the act itself actually robbed and plundered of their estates, resi, persona nJ miiedt No trial, no inquiry, no m- vestion. no examination to ascertain or de- femi,ie individual truilt or liability. No explanations, no exculpations, no defenses no miticatine eircumstonces, no conditions im nuabficatious no" diecrieMnBUons, no ad iu.lroents ! Without justirc-ivfthoiH mer 1 . ..... . - ... . 0 ew, without sympatuy, wiineui lorgivenesa all, en masse bythe thousand, by, the m ion. condemned, ucsneueo. stripped n not up mm ike atatnte-books. not in the hands ot the neoDle. not even as in ancient times oosted beyond the reach of their eye-sight no. not even vet in existence, bnt hereafter to be ordanu d and enactid ! "By a la " - a ..mmm B to be passed' Was th-re,ever a proposi tion so terrible, so atrocious! Blackstone says iu his Commentaries, volume 1, page 144: n "To bereave a man of Itfe or by violence to eon fisrmt Us Mate whtonut aceusation or-trial, would be so gross and DoU.noas an act of despin t.sra ss must at oneeconvev thealBTmat tfipBaBj throughout the whole kingd nj." Who can contemplate such acta in this free Republic without alarm, without eon t Who uu auiiD .ri or ia.tifv 11 i iiattvn w r " n a measure - . : " : . I U.. r.f rMiAn 7 sac Oun any man doubt that h is in direct ana 9 that la palpable violation of that provision of the vT r .! .i.. .... ,...r..i .hall "he de- 'I I r ........ - f - prived of life, liberty, or nrop-rty without u ) process of law." Is the Congress i .Am to diamAe of all the dearest 1 it ll f lull rights of American citisensbip. Are its acts henceforth to he the Ameri can due process of law !" Are its edicts to dispose of our lives, our liberties, aad pur property I J, it to usurp all judicial H I d kitaWasn " r aaam w msw wu h wi.dnm and experience cestors and trample under foot not only onr own Constitution but tbe sanctified charter of both British and American Hh- erty. . - But that is not the only provision of the Constitution in the way of the passage of this bill History admonished tbe fathers of the Republic that in times of great ex ei lenient in times of high party feeling and passion, revengeful and vindietiv laws for the punishment of acts not before I,-, in, , r rimes or deservine of punishment might be enacted.. Tbey anticipated these times they anticipated this kind of legss- ation, and prohibited it ny provming ui ' No bill of attainder or ex post jikw -hall be passed." It was contended that the set of 1862 was not a bilt oi attainaer or ex facco. Bot there can be no 1 ... B . M. I. 4 1. y. 1 , O A doubt that this is obnoxious w toui Uons t This Is a bill of attainder and ex V" . ... . J ... j . rru. n- Wliat is a Dili ei attaiuucr 1 . . . 1 Z .-..!- flalnrminPn premeuoun at us ibbi ocboiu v.v.. this very question in the case of Cumminga vs. the State of Missouri. It says ; " 1 bill of attainder is a legtolaitve act whlea ia- 11,, I.,, ,1,11 .... i. - - . . . , . w..ll.i without a auuii'iai ir . pBB.sl.men oe em "L of ... . 1 1 ... 1. .1,- 03101 Mini iDunwiwv". r VnCl the Constitution hilts ofsttalnder inclBde bUbof pains ann densities- In these cases tha togtoUtivB Qy, ia addition to its legitimate functions, exercis es the powers aBd office of Jadge, v. In this definition all must agree. It can make no difference whether tne act is aim ed at a single individual by name or at ' 1 1 : class or at all the people 01 a parxiciji -cality. Tho Supreme Court has also de termined what is an expmjuw Fletcher vs. Peck, Chief Justice Marshall defines it to be ' A law which makes an act pnDishahle la a maa. nerin wtnen 11 wa. noi fu"""'"""" " . Huch a law - said that distingqisbed andeminent judge "msy inflict penalties ob tbe person, or may iBfllet oeconiary peaslties which swell the publw treasury. ture is then pronioneu now f",H" sclted for a crime which was not declared by some 1,., ..l.wi, a mnn's put ate. or anv pan 01 n. v rcvious law to render nimraoie 10 bbbb puuuw... he Constitution gays Justice Field .V' "deals with the ubUnre, net shadows. Its JnUM tiou was hsveledsaS the thing, not the name. Bjajj-. ded that the rights of the citiien should be secured agaiust deprivation lor pasi conuuci ny wnvu actment, however disguised." T ., ,liv,i nov room for iiouht that this ii a bill ofatuindcr and ex post facto Ljn has all the elements, all the essentials, ot both. It is completely within the defini tion of the Supreme Court. Tbe gentle man certainly cannot deny it. 11 is rect ,.,.1 U. il,.. nrenmfale of ms bill " that it is due to justice that some proper punish ment should be innictea on tne peopie wu constituted the confederate States. ' The senlleman who introduced it opened hia speech Dy announcio; " to discuss tbe question of tbe punishment of belligerent traitors." It is then a legis lative act already committed ; punishment for past conduct; punishment for crime new or additionui to mat uow pT-. by law ; punishment of " belligerent trait ors" new crime and new penalty, and all ithour trial. ..it Sir, if thatwhole people are cnminals, if they are, all traitors, and it is uesiraoie 10 try them all for treason and punish them, tbe Constitution empowers us to do it. It provides the mode of trial, and limits tbe punishment. There must be indictment, arraignment, jury trial " by due process of law." Then, upon conviction and judg ment and not till then, the punishment, tne penalties and forfeitures of treason, no im plied guilt, no presumed crime. These are ssfeguards, thank God, that our falh err wcTO- considerate ewnsgh tn throw u rouad the American eitiaeu These Were the sacred protections they secured for bis .;,rl.twi nt in r. ill and oronerty. His life, "6'V " r ' . 7 . 1. ft to be the prey of caprice and peeaiote;'but were suironudett., gJarui "u -T" J irrepealable law. Trial by jury the sa cred birthright of every citisen of the Ke puhlic. It is a right older than the Con atittnion, older than the Repub he. It was 'ot born of or created by the Cou.t,tntHu, but it is imbedded, and secured in rt as an ind snensable requisite of liberty and free Kcvevnmmit. It cannot be stricken down or denied in person of the weakest or hum blest, the most deserving or the greatest criminal, without endangering the right it B. Ifwithout j opardiaiiig the liberties of all. : :- , . L,.t it not be said Uiis is a plea on be half of traitors, of one in Sympathy with 1 . . . t . , (reason ; tne maiiguani w leartea wraaeax, w cate the property oi tne pcopic 07 ou le nities, by States, by wholesale t Can we, dare we. thus perversely and wantonly ro of our an- - rii'-jaaL,: 1.-- 7i-J - " . '

Page Text

This is the computer-generated OCR text representation of this newspaper page. It may be empty, if no text could be automatically recognized. This data is also available in Plain Text and XML formats.

Return to page view