CONGRESS, UNITED STATES (1864). 



105 



the construction given to the limitation in the 

 clause of the Constitution, 276 ; words of the 

 Constitution, 276 ; what is a fair import of the 

 words, 277-, substitute the word '/unless" for 

 " except," 277 ; punishment in England, 277 ; 

 it is said the science of philology is progressive, 

 278 ; the phraseology of the Constitution most 

 carefully guarded, 278; the word "unless" 

 does not change the meaning at all, 278 ; the 

 forfeiture must be effected during life, 278; 

 the Constitution deals merely with corruption 

 of blood and its operation, 279 ; the law of the 

 last Congress, 279; what does the Constitu- 

 tion provide? 279; the Constitution has no 

 reference to any one of the provisions of 

 the bill, 279 ; the law states how you are to 

 seize and condemn the property, 280; es- 

 sential to ascertain what relation the seceded 

 States bear to the United States, 280 ; a ques- 

 tion of vast importance, 280 ; what is the re- 

 lation of the Confederate people ? 289 ; Vattel, 

 280 ; the contest has the character of civil war, 

 281; what the effect of this public war be- 

 tween these foreign nations, 281 ; Vattel, Phil- 

 limore, Kent, Lieber, the Supreme Court, 281 ; 

 said to be a contest with individuals, 281 ; you 

 cannot punkh them as traitors, 281 ; there can 

 be no neutrals in a hostile State, 282 ; the idea 

 that the loyal citizens though few are the State 

 cannot be comprehended, 283 ; if the United 

 States succeed, how shall we treat the van- 

 quished belligerent? 283; two positions taken 

 by very opposite parties upon the status of 

 those engaged in the rebellion, 283 ; the laws 

 of nations recognize the right of conquest be- 

 tween the parties to a public war, but do not 

 authorize the seizure and confiscation of pri- 

 vate property or land only in excepted cases, 

 284 ; the doctrine of all writers, 284 ; Chief- 

 Justice Marshall, 284 ; Secretary Marcy, 284 ; 

 J. Q. Adams's opinion, 285 ; Hoffman's opinion, 

 285 ; it is said we may make a conquest of the 

 eleven States, 285 ; the law of nations rec- 

 ognize in the conqueror an unlimited sover- 

 eignty, 286 ; where is the sovereignty of this 

 country ? 286 ; the war powers are vested in 

 Congress, 286 ; these States are in the Union, 

 and no power short of a successful revolution 

 can drive them out, 287 ; what is the real issue 

 before the country? 287; amendment passed, 

 287 ; yeas and nays, 287 ; Senate Committee 

 recommended that it do not pass, 287. 

 In the Senate, a bill to establish a Freed- 



man's Bureau considered, 287 ; amendment 

 to repeal the joint resolution relative to con- 

 fiscation offered, 287 ; proposed to leave con- 

 fiscation where the Constitution has left it, 

 288 ; it is as constitutional to take the rebel's 

 property as his life, 288 ; who framed the pro- 

 visions of the Constitution ? 288 ; men who 

 occupied the position of rebels against English 

 authority, 288 ; where do you get authority to 

 confiscate property unless from the Constitu- 

 tion ? 288 ; obligations of all to obey the Con- 

 stitution, 289; no Senator has a right under 

 the Constitution to shoot down a rebel, 289; 

 the true question is whether, by any law we 

 can make, the estates of traitors can be for- 

 feited absolutely and in fee, 289; Congress 

 cannot enact laws of war to attempt it would 

 be an absurdity, 289 ; the President and Sen- 

 ate entrusted with power of agreeing to altera- 

 tions in the law of nations, 290 ; in deciding 

 cases under the law of nations, an act of Con- 

 gress would have no binding force in the 

 courts, 290 ; can we make prize of war of the 

 real and personal estates of those engaged in 

 this rebellion ? 290 ; can we be serious in ex- 

 pecting any good results from such measures ? 

 290 ; just what Jefferson Davis would have 

 prayed for, 291 ; is it not time to pause and 

 inquire of the results of this policy? 291 ; these 

 things are enough to drive a sane man mad, 291 ; 

 everybody knows the South is more divided to- 

 day than it was three years ago, 292 ; how is it 

 with the North ? 292 ; what may the sovereign 

 power of the United States do, and what has it 

 delegated to the courts to declare ? 292 ; fur- 

 ther debate, 293 ; amendment agreed to, 293 ; 

 bill postponed to the next session in the House, 

 293. 



In the House, a bill to guarantee to certain 

 States a republican form of government con- 

 sidered, 293 ; the bill, 293 ; it challenges the 

 support of all who consider slavery the cause 

 of the rebellion, 294; what is the nature of 

 this case with which we have to deal ? 294 ; en- 

 gaged in suppressing a military usurpation of 

 the authority of the State government, 295 ; 

 what jurisdiction does the duty of guarantee- 

 ing a republican government confer, under 

 such circumstances, upon Congress ? 295 ; un- 

 til Congress recognize a State government 

 organized under its auspices, there is no gov- 

 ernment in the rebel States, except the author- 

 ity of Congress, 295 ; it has been said peace 



