What would become of Southern property — the Punishment of "treason."
The successes of the enemy in the field last year have been of great service to the
Confederacy in at least one respect.
They have induced the
Government at
Washington to drop the mask completely, and now we can see plainly the fate in store for us if so great a curse as subjugation were by any chance to overtake us.
The Hon. Wm. Whiting,
Solicitor of the
Federal War Department, whose letter in favor of the entire confiscation of the property of persons within the
Confederate lines, without discriminating as to loyally and disloyalty, has been published, has published a work of more durable form on the "War Powers of the
President." This work derives its importance chiefly from the fact that its author is a high official of the
Federal Government, and that his first letter on the subject has been endorsed and acted upon by that Government.
The object, end and aim of the work may be found in the following pithy and far seeing sentence: "The circumstances which the rebellion has forced on the
Government are making great and important changes, and among the most Important of these is the sale of the lands of the absconding rebels, and the effect which the guilt of treason will have upon the rights of their descend anis after the rebellion shall have been suppressed and the
Union restored."
Solicitor Whiting, discussing the subject and of feet of "bills of attainder," says there are essential characteristic which distinguish them from all other punistatutes.
First. "They always which the penalty of death upon the offender, or of outlawry, which is equivalent to death." Second. "They are always
ex.
post facte laws, being passed after the crime was committed which they are to punish." Third. "They never allow the guilt or innocence of the pers as attainted to be ascertained by trial, but the guilt is attributed to them by act of Parliament." Fourth. "They always inflict certain penalties, among which were corruption of attainder was in corruption of blood.
Mr. Whiting says:
‘
"Unless a law of Congress shall contain these four characteristics, penalty of death or outlawry corruption of blood, and the legislative, not judicial, condemnation, embodied in a law, if is not a bill of attainder under the sense of the
Constitution." The Constitution provides that no bill of attainder or
ex post facte law shall be passed by Congress; and that no State shall pass any bill of attainder,
ex post facte law, or law impairing the obligation of contracts." There is, therefore, says
Mr. Whiting, "no power in this country to pass any bill of attainder." He says: "In the technical law statutes were called bills of attainder only when they inflicted the penalty of death or out lawry; while statutes which inflicted only forfeitures, fines, imprisonment, and similar punishments, were called bills of pains and penalties." The
United States statute of 1790 is as follows: "If any person or persons owing silegtance to the
United States of America shall levy war against them, or shall adhere to their enemies, giving them and comfort, within the
United States or elsewhere; and shall be thereof convicted, on confession or in open court, or on the testimony of two witnesses to the said overt act, of the treason whereof he shall stand indicted, such person or persons shall be adjudged guilty of treason against the
United States, and shall suffer death."
The law passed at the last session of Congress, July, 1862, to meet the case of the present "rebellion," says in section 1st. "Persons committing treason shall suffer one of two punishments: 1.
Either death and freedom to his slaves; or 2.
Imprisonment not less than five years, fine not less than ten thousand dollars, and freedom of slaves; the fine to be collected out of any personal or
real estate except slaves." The second section says: "Including rebellion or engaging in it, or aiding those who do so, is punishable by imprisonment not meridian ten years, fine not more than ten thousand dollars, and liberation of slaves."
’
Section fifth makes it the duty of the
President to cause the seizure of all the property, real and personal, of several classes named, and apply the same to the support of the army.
First Rebel army and navy officers.
Second.
Government officers of
Confederate States in their national capacity.
Third Confederate State officers.
Fourth United States others turned traitor officers.--Fifth.
Any one holding any office or agency, national, State, or municipal, under the rebel Government, &c. Sixth.
Persons who own property in loyal States, in Territories, or in the District of Columbia, who shall hereafter assist, aid, or comfort such rebellion.
Section Sixth is the most important portion of the law, and is as follows.--"Any persons within the
United States not above named, who are engaged in armed rebellion, or siding or abetting it, who shall not, within sixty days after proclamation by the
President, cease to aid, countenance and abet said rebellion, shall be liable to have all their property, personal and real, seized by the
President, whose duty in shall be to seize and use it or the proceeds thereof.
All transfers of such property made more than sixty days after the proclamation, are declared suit.
The Presidents Proclamation, in accordance with and founded on the above act, issued July 25, 1862, makes it, as
Mr. Whiting says.-- ‘"One of the most important acts ever passed by the Congress of the United States. "’
There is to he a "loyal" religion, or no religion at all, in the subjugated territory, and the people subjugated are
not to be free to worship the Almighty as they please.
The New York
Examiner announces that the
Secretary of War has given full and formal authority to the American Baptist Home Mission Society to take possession of every abandoned
Baptist meeting house within the limits of the insurrectionary district, and of every other Baptist Church edifice now in the hands of the rebels.
The
Examiner adds: ‘"This great authorization was obtained through the agency of the
Home Mission Secretary and
Senator Harris, and the
Home Mission Board will need presentiment wisdom and energy, besides many men and much means, adequately to meet their new responsibilities.
The Baptist population of the seceding States is probably larger than that of any other denomination, and hundreds of abandoned
Baptist pulpits will be open to loyal
Baptist ministers of the
North.
This is an important movement, and it is to be hoped that every rebel
Baptist, (if there are any such,) as will as every abandoned
Baptist meeting house, will speedily be restored to loyalty."’
