The Alleghanian. [volume] (Ebensburg, Pa.) 1859-1865, 1862-04-03
But an objection of still greater weight

ing remembered that the War is waged
solely for the preservation of that instru-
ment, and for the ends, aims and purpo-
ses sanctioned by it, and for no other. He
addresses himself accordingly to sustain
the proposition that Congress cannot .jor-
| felt the property Of rebels far longer than
their Ices, by the enactment Of any taO
achateyer and assigns the following
among other reasons:
l. "Those persons now in rebellion,
| having levied war against the United
States, are guilty of treason within the
exact definition of that crime, contained
in the third section of the third article of
the Constitution, in which it is declared
that
Treason against the United States shall
consist only in leyying against them, or
in adhering to their enemies, giving them ald
and comfort"
"Now, it cannot be doubted but that as
soon as the rebels are arrested and brought
within the power of any law we may pass,
they become co instante traitors, and OBJ
noxious to the punishment which is i'm
posed by our statue for treason. As long,
however, as the rebel is at large, or in the
hands of the military. he cares nothing
for the law, and is not amenable to 1t,
because the military power cannot try
him under the law-that must be done by
the courts But the second clause of that
same section provides further, that
ssThe Congress shall have power to declare
the punishment of treason, but no attainder
of treason shall work corruption of blood
forfeiture, except during the LIFE Of the person
qttajated.'
Therefore any law made for the gui-
dance of the courts must conform to this
provision, and no other or greater penalty
could be imposed than it would warrant.
IF, therefore, the law was to enact an alb
solute forfeiture of the estates of the trait
or, it would be bad for the excess, aad the
Judges would be obliged to make the SEN
tence constitutional, either by cutting down
the statutory penalty to forfeiture Of his
estates for life, or by emitting TO forfeit
them at all.
2 "The power assumed in this bill is
also obnoxious to the provisions of the
Constitution, if it be assumed that Con-
gress can legislato an efectual forfeiture
of the estates Of rebels, as such, without
allowing them an opportunity or means OF
trial in the courts. Because,
!. "By the fifth amendment to the
Constitution, it is provided
ssNo person shall be held to answer for a
capital or otherwise infamous crime, unless
on q presentrnent or indictment Of grand 5ury,
| except in cases arising in the land naval
| forces or in the militia when in actual SER
vice, in time of war or public danger nor
| shall any person be subject, for the
offence, to be twice put in jeopardy of life or
| limb nor shall be compelled in any criminal
| case to be witness against himself; nor BE
deprived of life, liberty property, a0ittoW
dtse process of laao nor shall private property
be taken for public use without just compen-
| sation."
"Here it is attempted" says the Sena-
tor, "to deprive large class Of persons
of all their estates and property, without
any arrest, without any presentment by a
grand jury, without any trial by petit
| Jury, without, indeed, any trial at all Ill
any court. This would be to deprive
them of their property in the very face
0: the provision requiring that it shall
only be done 'Iy due process Of tae,
which all commentators and all lawyers
agree, means proceedings according to the
course of the common law"
| But the Senator further shows that
the measure proposed is in the nature of
| bill Of attdinder, aud, as such, is pro-
hibited by the ninth section of the first
article and third clause of the Constitu-
ton, which declares that
''No bill Of attainder or er post .facio
law shall be passed"
! Bills of attainder were resortcd to in
England, as we'll as in some of the United
| States during the Revolution, to punish
| traitors beyond the reach of the courts,
and in some cases even after they were
! dead. These bills were passed by Par
| lament or the Legislature, and condemn
/ cd the accused to death, (if not dead al
/ ready) forfeited their estates, and cor
rupted the inheritable blood of their chill
! dren aud heirs, so that no one could take
| any estate either from or through them
In treating of this branch OF the subject,
! Storys Commentaries on the Constitu-