pt 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