The Continental Monthly, Vol. 4, No. 5, November, 1863Various
History
The Continental Monthly, Vol. 4, No. 5, November, 1863
Various
Literature, Modern -- 19th century -- Periodicals; United States -- Politics and government -- 19th century -- Periodicals
As to the _Confiscation_ acts--it is enough to say that the Constitution
gives Congress power 'to declare the punishment of treason.'
Confiscation of property--as well as forfeiture of life--is a punishment
attached to this great crime in the practice, I believe, of every
Government that has existed. The rebels confiscate all the property of
men in the South loyal to the Union, on which they can lay their hands;
and their practice can be condemned by us only on the ground that the
crime of rebellion makes all their acts in support of it criminal. But
as you have no word of condemnation for the rebellion, so you have none
for their confiscation acts. You would throw the shield of the
Constitution only over the property of rebels. Loyal men, however, are
of opinion that as the hardship of paying the expenses entailed by this
accursed rebellion must fall somewhere, it is but just it should fall as
far as possible on the rebels, rather than on us. If confiscation of
rebel property chance to bear hard on the innocent children of traitors,
it is no more than what constantly chances in time of domestic peace, in
the pecuniary punishment of crimes far less heinous than treason; and
loyal men see no good reason why the hardship should not fall in part on
the children of traitors, rather than wholly (as in part it must) on our
children.
As to the suspension of the privilege of the writ of _habeas corpus_:
many foolish and disloyal people, out of the folly and disloyalty of
their hearts, talk as if the thing itself were something wicked and
monstrous; although the Constitution plainly provides that it may be
done, 'when, in cases of rebellion and invasion, the public safety may
require it.' Who is to judge of the necessity, and who is to exercise
the power of suspending it, the Constitution does not declare; and in
the silence of the Constitution and in the absence of any legislation on
the point, the President might well presume that the discretion of
exercising a power constitutionally vested somewhere, and designed to be
exercised in emergencies of public peril, liable to arise when Congress
might not be in session, was left to him. At all events, he took the
responsibility of deciding that the public safety required its exercise.
Congress has since justified his course, and legalized the power in his
hands. The loyal people of the nation approve its action.
Public-domain text, read in full here on John Shaqi.
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