Page:Attainder of treason and confiscation of the property of Rebels - 1863.pdf/35

27 estate is not, the confiscation act clearly violates it. But as the intention of Congress in passing the Joint Resolution is manifest, viz. : to conform the act to the Constitution; our courts will probably apply to the subject the well settled rule of the construction of statues, which requires courts to carry into effect the intention of the legislature, and hold, that the Joint Resolution means the same thing as the clause in the Constitution, and thus our confiscation act will accomplish the great and salutary objects which Congress designed to effect by its enactment.

The variety of views, the protracted discussions, and the late day of the session, on which the Joint Resolution was passed, probably prevented the new phase of the subject presented by the President; from receiving that full and thorough investigation which it would have received under other circumstances.

The acts of our Thirty-Seventh Congress will fill a volume in our national history, unsurpassed by those of any Congress since the adoption of the Constitution, not even excepting the First One. The faithful, wise and patriotic labors of the majority will give every member of it, an enduring place in the hearts of his countrymen, and his name will be remembered and honored as long as our national flag waves

"O'er the land of the free and the home of the brave."

The wonder is not, that a single resolution may have passed near the close of a long and laborious session, without a close scrutiny of its language, and a full and thorough investigation of its bearings; but the wonder is, that a Congress, sitting and deliberating, as the Thirty Seventh Congress did, amid a terrific civil war, could have fully met every want of the nation, and adopted every measure, which the honor, interests and safety of the country required.

Respectfully your obedient servant,

SAMUEL A. FOOT.