East Saginaw courier. (East Saginaw, Mich.) 1859-18??, 1862-05-27

straints AMI limitations sought 10 be i'm
posed by the constitution, and To cstab-
lish legislative despotism more capri.
cious, moro fatal TO order, and more dan
gorous to the liberty aud security Of the
citizens. than any form Of government
on earth.
What Is a hill ofattainder {?
II is an act passed by leg slativo body
declaring citizcn or subject, 10y name or
other sufficient description, guilty Of trca.
son or other felony, and inilicting pun.
ishment therefor; AID it is eqaallya bill
OF attainder whether tho PAM .hmcut
combines CORRUPTION Of blood aad forfeit
ure of life and property, or whether II -
limited In any one of them separately.
Now. what does this bill propose to do
but t. declare large number OF citizens
guilty Of treason, aai punish them there
fOr by forfeiture of their estates? Then
itnot this bill Of attaiuder? And il it
i not, what is it? | is no answer To
say that bill Of attainler Furnishes a
crime already past, AMI that this is IroS-
pectve in its provisions. 1t declares
that certain acts committed, or 10 be
committed, shall be followed BY forfeiture
of estate and proceeds to iullict the PEN
oily without jud cial inquiry or detcrmin.
ftlpn; aud what the constitution intended
10 guard against vas punishment for i'm
pntel crime without Indictment and trial.
1T the acts iGtcnicd 10 he reached 10y
this bin had airoaly been committed,
then ! think, in the face e the authori-
ties | have rca !, it world hardly he dc
MED the character % bill Of attainlcr.
l. its character changed AMI is tho con-
stitution satisfied by declaring that Ger
tain acts hereafter u b. committed shall
be punished a. crime, Oad by proceeding
80 inllict the punishment without trial;
l say again that this Is exactly what the
constitution intend ,d 20 hedge against,
punishment in any form, or by any de-
vice, without indictment and trial. and
its provisions cannot be IN this way
evaded.
The constitution docs not declare that
there shall he no attainder of treason -
1t admits that there may be; bat neither
corruption of blood nor forfeiture OF cs-
tate, except for the life of the offender
shall ensue as consequence. The at
tainder may still take place, but it must
be Judicial attainder. There can be no
legislative attaiudef III any case, nor I'M
der any circumstances or conditions, nor
deprivation Of life, liberty, or property
without due process of Iaw.
To demonstrate the unconstitutional
ity Of the bill, it is not necessary that Il
shall he assumed or proven to be bill oI
attainder Give it what name You viii,
it is still bill to punish for treason and
rebellion, not upon the battlefield by the
military arm Of the government, bat by
legislative enactment, and Legislative en-
forcemCut of the enactpell s.''t -.
l;.,,,.,,.. =. ,pccernh-- So "'t"""' a.
-. -U1u trial, without due process
OF law, which the constitution torbld',
under whatever namo and by whatever
contrvance it may be attempted. Bnt
II it werG necessary IL prove 1t a bill OF
attainder, is not that already sufficiently
done hy the En- dish autholiticS cited: To
these let he again add the most illnStri-
GUS names which have Illustrated and
adorned American jurisprudence Mr..
Justice Story, in treating Of This subject
in his very able Commentaries on the
Constitution, holds this language:
"BiIls of attainier,a Sthey are technical
lycalled,are such special acts of the Legls
lature as inAict capital punishment npor
persons supposed 70 be guilty OF higI
offences, such as treason and felony, with
out any conviction in the ordinary course
of Judicial proceedings. lfan act intilet'
milder degree OF punishment THAI
death, it is called bill of pains aud pen
alties. But, i'll the scn.c Of the constI
tuition, it seems that bills Of attninder IN
clude bills of pains and penalties; for thu
Supreme Court has said "A bill of at
tainder may affect the lie OF an indIvid
nal, or may condscatc his property, OF
both"
"In snch cases the Legislature assumes
judicial magi,,racy, pronounclng upon
the guilt of the party without any OF the
common forms and guards of trial, and
satisfying itself with proofs, when oncI
proofs are within It's reach, whether they
are conformahlc il the rules of evidence
or not. In short. in all such cases, the
Legislature exercises the highest power
OF sovereignty, and what may he proper
ly deemed an ;rrcsp oHsih!e despotlc dis
erection, being governed solely 10y what
it deems political necessity or cXpcdien
cy, and too often under the influence %
unreasonable fears or unfonudcd suspi
cions." "The punishment ha
often been inflicted without calling upo'
the rarity accused to answer, of withon
the formality of proof; aud sometime
because the law, in its ordinary courN'
Of proceeding, would acqai, the offender
The injustice and iuiquity Of such act
in general constitute al irresistible ar
gument against tho existence ct the pow
or. III free government 1t wonid 0'
in,olerable and IA the hands OF reign
ing facti, u it might be; al probably
would be, abused to the rnin and ,.c@'l
of the nest virtuous citi2~lS. Dllls %
this sort have been most usually pasSe'
in England in times of rebellion, or o
gross subScrvieucy to the Grown, or o
violent political cxcitement~; periods II
which all nations are most liable, AZ wei
tho frre IA tho cuslaVpd tn fnr0pt thpiI