Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1862-06-27

Mr.. WALroN's SPEEcH We copied from
the Giobe report, published before revision,
which Mr.. Walton says contained several er-
rors, and accidentally these were added to so
materially in two instances in the Watchman
as to require correction
In reference TO the Senate scheme Mr.
Walton said ut proceeds not upon the
laws Of nations, which do not meet the case,
but upon our own supreme law, which does
meet the case, and which Congress and the
Courts arc alike bound to respect" As pub
lished in the Watchman, this sentence was
murdered outright
Again in that part Of the speech which re-
cites the provisions Of the Constitution relat-
ing to treason, material part was omitted,
and that omission destroyed the argument-
We reprint that part of the speech from the
revised copy.
The Constitution itself empowers 2, punish treason.
prcscrbrs the mode OF trial and limits The punishment
by general provisions applicable 60 criminal cases and
then there aIo provisions applicable specially to
mo person shall be convicted o treason unless on the
testimony of two witnesses TO the act on
confession in open court.
That ptescr6es the mode Of conviction Again
rhe Congress shall have power declare The punish
mtnt Of treason but no atander ~ treason shall work
corruption Of blood forfeiture except during the life
Of the person attained"
Here Is limitation Of punishment There may be
aaindef >, but the traitor cannot be ataiutcd on con
yirtou simply, hui By Judgment
when sentence u death, the terrible and high
est Judgment n the laws of England, pronounced, thc
"e,'f consequence. by ee r common Jaw
Judgment fo there is grea, difference between man
convicted and attainied' though they are frequently
through naecnracy oonio nded together. amer cunyc-
uou only B. liable 1f these disabilities for
there is st!i in contemplation Of ls~ possibility Of bis
fore n death, and before the aitainder of criminal
cummeuues, ''rhe c1tscqueu-
Of aaiudef are forfeiture and corruption of blood
- bfac1stoHc's Commentaries, pp 1873, 37f
Here Is the source Of constitutional provisions
just here thiuk for il Is ve remarkable that the Com
srtufnn,as adopted closely followed Blackstone
The comma which separates forfeiture from "cnrrup
ton Of blood Compare Hickey eoiou Of the Consii-
tuuou which has been officially certified TO BE- CORRECT
edition of blackstone, Oxford l771. in Congress
b~D cite those ,diuons, because some Of the later
ones and even u The Constitution itself 10 the Statutes
10 Large and Rules of Congress puuctuaed efrone-
uusly The Two last divisions NJ the paragraph Of the
Cunsttu ion n from Blackstone are transposed So as o.
make ihe words during Iiie Nc Apply TO forfeiture on
y, aud not 60 corruption of blood. Ia This Vcs. tho
meaning of the Constitution is perfectly clear there
shall be- n1 corruption of blood 10y ataiudcr. and attain
der shall work iulCtufe only during the i've OF thc per.
staiutcd Moreover forfeiture o., aitand,r Oudsc
ufuil iptuNa only fo real estate Lands iurCltod
upon atiatHd aud before goods aud chaitcls are
'rtitcd h, o1ntiction '--tl Black. $50 So 30 would
seem that thc Constitution does not uhibit or ,ure of
personal prHpc fy convictions uf real estate # the
l0n Is not afautod By judgement of death There may
be hc punishment ~ death and thcrecau be attain.
der without judgement m death N Ie may br AZ
ail aud iurfeiturei but the Constitution expressly
declares that aaindcr shall not work corruption n blood
nor forfeiture oi &c cstacl except during the life n
the persop attain od You can forfeit all the property
of traitor YOU do not hang ftaintl him but ,ou ca
nnt forfeit property and hang also Yet the latter will
IN fact bc the aw % the House scheme shall be adopted
II vii frf it first and then the may hc huug
conviction under the existing law No de-
uy that such aw, II embral ed in single statute could
De unconstitutional Can vo dodge the Constitution by
making two statutes, fu death and the uhr Tor fr
Eituret Can do indirectly what we cannot direct
ly Can we lodge all lhe rtqui-ii"us ~ tht Consutu-
ou Tor uial bi jury hy giving ur, trial lf th, life Of
criminal aud refusing 10 ior his property Uuetrd aud
Iddgmfut 90 England canned both peuatics and
fathers uusuosuuuabiY under,iuoa a. Certainly they
never anticipated two trials and convictions f5l ne
crime thc scheme looks ip hike an artfal dodge,
aud sin dodge that viii hazard The validity Of the
scheme.