' . 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
- " . '