Burlington free press. [volume] (Burlington, Vt.) 1827-1865, 1862-05-16
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URLlNGJON
friday MORNING, MAY le, 1862.
CoNGRESSIOEA NIGHTMARE
kROTI TIE ONSTITUTION.

Among those WIN wish to Join hands with
ne South at the earliest moment after pe .ce
s-es.ored. in order to overturn republican
sm. and to obtain the sway in the Govern
uen;. which they have SO justly lost, and
a-ong some others from whom better things
fLould be expected, but who are 81 afflicted
with political llysteria, that they can see no
constitutional mode in which to do anything
they desire or acoid anything that they dislike,
The shallow doctrine is advanced that Con-
G-ess cannot confscate the property OF rebels
WIN have escaped from the country, nor pro-
vide by law for any forfeiture of slaves or
rebel property, or the punishment of treason,
foF longer period than the life Of the trai-
t91 And so it is supposed that the peculiar
Institution, greater than all other Of the
works OF man. is secure against all the vicis-
s!tudes Of human affairs. If this rere So
but We will not discuss the monstrous alter
native.
Tie brood of doutters and skeptics who
maintain these dogmas, appeal with an IL
nocence, CT impudence, that almost chal-
lenges our admiration, to the following clauses
Of the Constitution as the palladium OF tie
rights oftraitors
mo bill OF attainder er poss Jacto law
shall be passed.
The Congress shall have power to declare
the punishment Of treason, but no attainder
OF treason shall work corruption Of blood,
OF forfeiture. except during the life OF the
person attainted-
The term ''attainder' in the Constitution,
was derived from the English law. 1t was
tie eoEseguenoe which the sentence of death
tJ- any crime imposed upon the criminal
lie was thus called 4ttaint, Gttinoius, stained
Or blackened. This condition Of legal inia-
ny was attended by the most serious results.
The criminal was placed beyond the ErUtec-
ton OF tie law, his ITop,r;y forfeited, and
his blood corrupted. And no; only So, but
even his children aud heirs could not inherit
through lin, 50 that even ctier tn dedth Of
Tie o-7miuGl. his innocent children could not
iuhSit from their uncles OF other relatives on
then !G;her : side. \ forfeiture, or escheat.
would therefore frequently occur, after the
tn4i punishment Of the ftlon, and Of the
r-5yeTfy Of those ,rh, had connitted no crime.
Harsh and odious as this law was. tyrants
had rendered it still more so, by declaring at
t4.lteTs. - .. GiTect Coi of poirlr, instead OF
leay.n. il as the mere legal consequence OF a
,-L:.G' condemnation 10 death.
- prevent such evils, the wise patriots
who framed cur Constitution, prohibited
Congress from passing bills of " attainder.'
that Is, from making men infamous by hgis-
.G.icr, instead Of leaving them to become SO
:. ccrsecueno. Of being condemned as trait
Crs.
= A;ta.nder WAS thus restored to Its true
defniLcn and ofhce, and it il 50 us,d in the
clause above quoted on the subject OF treason
for o;h,rwlse the two clauses would stand in
opposition.
With the SINE wisdom as statesmen and
lawyers, they PROVIDED that - attainder of
treason" should not - work corruption Of
t..gd or forfeiture after tie death of the
t-a'cr, tecause they would not punish the
c--.lT0n for the guilt Of the fathers. Bat
they I'D not. we think. suppose that they
were 'c'Feling Congress 70 punish treas,n
more !-satiy ;lan, hy lis admitted powers.
II IA.gat punish other and less heinous o.
i'rvas.
Tie n-w Daniels. Therefore, who lave
CONT IL .ja;gmen-, 10 tell Us that the slaves
-tl property Of traitors, which they nOlg
..3, e4nnyt be aisolltely forfeited, must seek
'ou- moIe hopeful field Of objection.
>flEsn RELIc-We were shown lat
wetk ~ Mr.. J. H. Thorn Of Charlotte. = |