The Cadiz Democratic sentinel. [volume] (Cadiz, Ohio) 1854-1864, 1862-06-25

ton for the moment all legal knowl-
edge, read this clause, and think if
possible without amazement of man
of ability and reputable lawyer who
publicly announces, with a flourish OF
superiority that "the terms corruption
of blood and forfeiture as used in
that constitution are convertible terms.
The thing is altogether impossible
Mr.. Bingham's newfangled construc-
tion is seen at glance to be absurd.
1t falls fiat before the plainest and sim
plest inspection.
But it falls fatter beforea more par
ticular examination. According to
the common law of England at the
time of the adoption of the Constitu-
ton of the United States, attainder of
treason worked two separate conse-
quences; namely, forfeiture and cor
ruption of blood. BY forfeiture the
real and personal estate Of the often
der vested in crown forever; by corrup-
ton of blood, the offender lost all in~
heritable qualities, cutting the line of
descent short of, SO that his posterity
of whatever degree could not inherit
through him from ancestors of what
ever degree, BY the former, the often
der lost all he possessed, and, by the
latter, his posterity lost all that might
come down from his ancestors after his
death. The one took the estate of the
offender, and the other took the estate
of his ancestors on the way to his pos
terity, no matter when the descent
might occur, though it should be long
after his bones had mouldered in the
grave. The two things were then en-
tirely different in themselves and in
their effects, They were also entirely
different in their origin, the former
having been derived from the Saxon
laws, the latter from the feudal policy,
the diverse systems being ina measure
blended at the time of the Norman
conquest, and so constituting the double
penalty of treason as we have here
defined it, engrafting, that is to say
on the Saxon penalty of forfeiture the
consequences peculiar to the feuda
penalty of corruption of blood.
This was the penalty of treason ac.
cording to the English common law
when our constitution was framed
Such under that law were the conse
iquences which attainder Of treason
worked. They We're severe consequen
ces, severe beyond reason and soun(
policy, and they were felt to be so by
the English themselves long before tht
period of our revolution, insomuch tina
as respects certain descriptions of trea
son, relating to the public coin, thu
Ipapal supremacy, and the like, the pen
atty of forfeiture had been restricted
already to the life of the offender, anC
corruption of blood had been abolish
ed. The British Parliament had gone fa'
in thus mitigating the penalty o
of treason under the common law, anC
the spirit of the British people and o
the British lawyers had gone mucl
farther. Blackstone had unmistakbl,
recorded his testimony in favor of tn
mitigation of forfeiture and of the to
tai abolition of corruption of blood
And in doing so he but reflected tn
humane spirit of his country and 0
his time.
Under these circumstances our ia
> theirs met to frame constitution 10
; the republic to which their valor an
y their prudence had just given BIRTH
They did frame one; and, in respect t
o the capital offence under consideration
+. they provided that "that no attainde
of treason shall work corruption {
d blood, Or forfeiture except during th
a life of the person attainted." That
If to say, they abolished corruption {
!. blood totally, and restricted forfeitul
;, :, to the life of the offender. In otht
!; : words, having elsewhere in the const
tuition reduced all descriptions of trei
sons to one, they lin tied the punisl
d ment of that one to the penalty the
= visited by the English laws only upo
i some of the less heinous description
d of the offence. They prescribed in T.
0 lation to treason in general the mitig'
d ted penalty which at that time tt
+ laws Of England prescribed in relatio
y only to special kinds of treason. The
It adopted the mildest penalty known
d the laws of England for the highe'
: : oHense known to the laws of societ,
:. In short, they gave full effect to tn
the humane and enlightened spirit
v the age in which they lived.
u In view of this historical RETROSPECT
= = hurried and meagre though it be, an
in view especially of the well-know
# rule of construction that borrowe
terms carried with them their estal
, lishod meaning, surely Mr.. Bingham
E very triumphant assertion that "col
e ruption of blood and forfeiture" g
Q used in the constitution are 'tconvert
BILE terms" must seem to others, as
seems to us, one Of the most extraol
! binary and ridiculous misconceptior
into which sane man ever fell. M
Mallory reply is good sense and goo
law. 1t covers the brilliant Ohioa
, with shame.
From the Holmes County Fa rmer Nav Is