The national Republican., 1861-12-10
MIR. TRuMBuLL REVIEWED

.
stand him, that under our Constitution, Con
gees is Incompetent to conhscate moro than
life interest IN traitors really though he pro.
poses to conascate his personally forever.
Since justice to a traitor, according to the
aggregated morality Of these days, is that he
, " be hung hung by the neck-till he is dead"
n reasonable time after be has been convic.-
ed, "A life interest iu bis realty. with reversion
| TO bis legal representatives, {all Mr.. Trumbull
proposes to vestin the Government BY bis blll,)
would scarcely be worth the breath of the
! Judge It would cost to condemn II.
: He Is not, take 1t, ss an advocate In court,
grounding his argument upon the existing
statute, chat Of April 80, i7s0,) That no con-
victon or Judgment for any Of the preceding
offences, (trsason included, } shall work corrup-
ton Of blood, or any forfeiture of estate !" but
as legislator measuring the extent Of his right
under the limits Of the Constitc ticn TO- transfer
titles now In the traitors to the Government
! against which their treason Is committed, and
claims TO have found that he may transfer only
a life estate in his realty, but his personally
may be appropriated totally and forever.
Now let us "interrogate the Constitution y
with all the aid we can gather, and see whether
or not we shall be compelled to the same con.
ciuson as to congressional authority.
II the Constitution had been silent upon the
subject Of treason, II would have been pretty
tair to conclude that, by implication at least,
the founders of our Government designed
hat in that particular, as well as others, the
common Law Of Euglaud should prevail. But
it is not silent on the subject, and II Is pretty
fair to conclude, also, that the repugnsnce of
the moral sense Of that day, to the barbarous
rigor Of the Common Law doctrine, In refer
ence to treason, was what induced The oonsti-
tutional convention to specially define 1t aud
limit its consequences, for to drag men 10 the
place of execution, hang them by the neck,
cut them down alive, take their entrsis out
while yet alive and burn them, cut off their
beads and quarter them, and leave the thus man
ged body to the disposition ofthe sovereign, was
100 barbarous for federation here, though lit
orally the Common Law punishment for trea
son.
The attainder, which was consequence OF
a conviction of treason and which prevented
his heirs from inheriting through him, was also
thought to be a hardship, and to abolish these
enormities of the Common Law, was manifesly
:. the object of the trainers of the Constitution
:, The constitutional proSisiou is in these words
. The Congress shall have power to declare
the punishment of treason, but no sttainder of
treason shall work corruption of blood or for
teiture, except during the life Of the person
attainted.''
Then attainder Of treason does, or may, at
least, work corruption of blood, or forfeiture
during the life of the person attsinted.
Now, Judge Trumbull's understanding seems
to be, that the sttsinder works forfeiture ola
| life interest with. reversion. But my under.
standing OF this clause s that all the titles real
and personal, vested in the traitor at the time
! the overt act" is committed, and all that
would, by any means, accrue to him during
his life, are forfeited forever on bis conviction
under q statute which Congress is competent
r to enact but that this attainder ceases with
his DEATH and that his heirs can Inherit through
him after his death, the same as though he had
been guiltless, any estate that may lie through
mis- connection.
The Judge will not dispute but that the cor
ruption Of blood ceases with the life of the
traitor Nor will he, think, on more full de-
liberation, dispute that 1t is only the forfeiture
at all that ceases with the life of the traitor, and
not that the length Of his life limits the interest
forfeited.
At common law, he knows that, not only all
the titles accruing to the traitor during his life
were forfeited, but also all that would have
descended through him to his heirs. Now
o suggest to him, whether the modification Of the
common law designed by the phrase, " except
during the life Of the person attanted" /" was not
that, when the corruption Of blood ceased, the
forfeiture might also cease and rave to his heirs
: all that would descend to them through his
blood, and not that what had been forfeited
should revert.
This construction will give US no trouble in
consequences; think his version would.
The Constitution does not discriminate
+ between personally and realty: the Judge
: does. If u traitors personally and realty
o both survive him, there is no more constitu
tional ground for the reversion of the one
than the other In democratic countrie,
y laws should be uniform in their operations
but suppose two men--one worth hundred
u thousand dollars in realty, and another worth
ten thousand in personally the realty would
p. revert to the heirs, the personally go to the
J.. Government forever. Would not this reversior
10 procure rapid consent of the heirs to speedy
9 execution of the traitor? Would 1t not max,
" merry mourners at his funeral? Again, sup
h pose a man of vast pers onal wealth contem
n. plating reasonable act: would be not, QUITO
the common instincts of humanity, convert i
into realty, that 1t might revert to his heirs ?
,e And still farther: the Constitution certainly
,i warrants the enactment of a law working SOM