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The Continental Monthly, Vol. 5, No. 1, January, 1864

Note 2 — RETROSPECTIVE.

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In the 'Letters to Professor Morse,' in the November number of The Continental, a sentence on page 521, relating to the Confiscation Law, was left incomplete. The whole sentence should have been as follows: 'As to the Confiscation Acts—it is enough to say that the Constitution gives Congress power 'to declare the punishment of treason';—or if the constitutionality of the Confiscation law cannot be concluded from the terms of that grant—about which there may be a doubt—it is undoubtedly contained in the war powers vested in Congress.'

I have here put in italics the clause omitted in that article, and hope my readers will insert it in the proper place. The sentence, as thus completed, contains all I cared then to say on the point—my object being mainly to vindicate the justice and conformity to public law of the policy of confiscation. In the present article I have gone more at length into the question of the constitutionality of the law of Congress, and have come to the conclusions herein expressed.

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