For the causes of treason and ingredients of treason, not amounting to the full crime, it declares forfeiture extending beyond the lives of the guilty parties; whereas the Constitution of the United States declares that “no attainder of treason shall work corruption of blood or forfeiture except during the life of the person attainted.”  True, there is to be no formal attainder in this case; still, I think the greater punishment cannot be constitutionally inflicted, in a different form, for the same offence.

With great respect I am constrained to say I think this feature of the act is unconstitutional.  It would not be difficult to modify it.

I may remark that the provision of the Constitution, put in language borrowed from Great Britain, applies only in this country, as I understand, to real or landed estate.

Again, this act in rem forfeits property for the ingredients of treason without a conviction of the supposed criminal, or a personal hearing given him in any proceeding.  That we may not touch property lying within our reach, because we cannot give personal notice to an owner who is absent endeavoring to destroy the government, is certainly not satisfactory.  Still, the owner may not be thus engaged; and I think a reasonable time should be provided for such parties to appear and have personal hearings.  Similar provisions are not uncommon in connection with proceedings in rem.

For the reasons stated, I return the bill to the House in which it originated.

TELEGRAM TO GENERAL G. B. McCLELLAN.

War department, Washington city, D.C., July 21, 1862.

Major-general McCLELLAN: 

This is Monday.  I hope to be able to tell you on Thursday what is to be done with Burnside.

A. Lincoln.

ORDER IN REGARD TO BEHAVIOR OF ALIENS WAR DEPARTMENT, ADJUTANT-GENERAL’S OFFICE,

Washington, July 21, 1862.

The following order has been received from the President of the
United States: 

Representations have been made to the President by the ministers of various foreign powers in amity with the United States that subjects of such powers have during the present insurrection been obliged or required by military authorities to take an oath of general or qualified allegiance to this government.  It is the duty of all aliens residing in the United States to submit to and obey the laws and respect the authority of the government.  For any proceeding or conduct inconsistent with this obligation and subversive of that authority they may rightfully be subjected to military restraints when this may be necessary.  But they cannot be required to take an oath of allegiance to this government, because it conflicts with the duty they owe to their own sovereigns.  All such obligations heretofore taken are therefore remitted