Speech of Hon. Robert Mallory, of Kentucky, on the Confiscation of Property
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| Hersteller: | Forgotten Books (Mallory, Robert) |
| Stand: | 2015-08-04 03:50:33 |
Produktbeschreibung
Excerpt from Speech of Hon. Robert Mallory, of Kentucky, on the Confiscation of Property: Delivered in the House of Representatives, May 21, 1862 I believe, at least I hope, that opinion is shared by few Representatives on this floor. I am not to be led into an argument based upon the supposition that such is the opinion and purpose of a large portion of the members of this House. I will merely protest against and denounce it; I shall assume that it is not, and in the few remarks which I shall submit, I will undertake to confine myself to the legitimate subject before the House, and discuss the confiscation bills reported by the select committee of seven. I cannot concur in the opinion expressed by many gentlemen for whom I entertain great respect, and whose legal opinions I have been taught to consider correct, that there is in the Constitution of the United States no inhibition on Congress to forfeit the estates of persons who have been guilty of the crime of treason and thereof convicted and attainted. I approach this subject with much diffidence. I do not profess to be so skilled and learned in intricate constitutional questions as many other members on this floor. I am a plain, blunt, man, and in that spirit approach every subject which I undertake to discuss. But I think there are great leading provisions of the Constitution of the United States so plain in their import that a wayfaring man, though a fool, cannot err in their construction and true interpretation. I consider that provision which applies to the subject of forfeiture for treason one of these. Unlike the gentleman from Missouri, [Mr. Noell,] I have been taught to believe that the crime of treason is defined in the Constitution of the United States, and that it is defined so clearly and distinctly that no man can misconceive and misunderstand it. I have been taught that it consists "in levying war against the United States, and in adhering to their enemies, giving them aid and comfort." I have also been taught that the Constitution plainly and unequivocally prohibits the forfeiture of the property of an attainted traitor, except during his lifetime. This is the view in which I have been educated. It is, I think, the view of this subject entertained and expressed by the framers of the Constitution. The crime of treason is distinctly defined, and, as has been frequently said, no punishment is prescribed for it in the Constitution. That is left for the action of Congress. You are told by the Constitution what treason is, but you are not told which shall be its punishment. In that lies the discretion of Congress. You can declare by your law that the traitor shall suffer death; that he shall be imprisoned for life or a term of years. You can decree by your law that he shall be banished from the country, and deprived of the protection of the Government he has outraged and attempted to subvert. You can do all this; but by the plain provision of the Constitution, when you approach his property and attempt to punish him by confiscating it, you are expressly forbidden to impose the penalty of forfeiture, except during the life of the person attainted. This prohibition, emphatically expressed in the Constitution, applies to the crime of treason by whatever name it may be called. Can you call it murder, and then, as a consequence of conviction and judgment, decree that the estate of the murderer shall be forfeited forever? I apprehend not. This crime is so distinctly described in the Constitution of the United States that when it is committed, call it by any name you please, it is still the crime of treason. You cannot say it is the simple offense of rebellion against the Government of the United States if the act comes within the constitutional definition of treason. You cannot ignore the crime of treason by calling the act rebellion.
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