Daily State sentinel. [volume] (Indianapolis, Ind.) 1861-1865, 1862-05-21

the Offender; bat that, when he has fed from
justice. nothing i etsier than - proceed 20 pun
ash him without Indictment. without trial, without
due process OF law. simply by arestng bis horse
aud COW in-te ID OF himself aud proceeding against
them IA rem by some newly invented military
machinery. True, the Constitution makes no
such exception: but now IL j. di-coy Ell that We
NAV shoot enemies IN bate without Indictment or
trial and therefore the same principle Of punish
ment without Indictment or trial may be applied
To all offenders VINO fee from justice How long
vii u be beiure this patent Is imprOv ed TO
embrace al offenders. whether they fee or not.
Can II be necessary % pursue this branch of
the argument furtherl Can il be possible that
We have wandered far from the pOlitica! faith
OF our fathers n 10 be ready 20 admit, in the an
gust characters OF Senators the fatal heresy OF the
bill. and the arguments IN support OF Il, that"the
right 10 conhscaie the property of a rebe or trai
tor attaches without any conviction of the offend
er. To do so Is 10 subvert the Constitution and
10 concentrate not only all the powers of the Gov
erament. but all the sovereignty of tie people in
a single department OF the Government, which
was intended TO be only co ordinate with two 9th
err To 60 80 l. to reud away all restraints aud
limitations sought % be imposed by the Constitu-
ton, and b. establish legislative despotiSm more
caDrciOus, more fatal TO order and more danger
Gus to the liberty and security OF the citizen than
any form OF government on earth.
What il a bill of attninderI IL
Is an act passed by a legislative BODY, declaring
a citizen or subject, by name other sufficient
description, guilty of treason other felony, and
INJECTING punishment therefor: and il Is equally a
ball OF attander whether the punishment com
bines corruption of blood and forfeiture of lie
and property. or whether il is limited to any one
OF them separately.
Now, what does this bill propose 10 do but to
declare large number of citizens guilty OF trea-
son, and punish them therefor by forfeiture of
Their estates Then is not this bill OF attain
DER And ii 1t Is not what is it lie j. no an
swer To say that "A bill OF attainder Furnishes i
crime already past, aud that this i prospective in
its provisions. 1t declares that certain acts com
mitted or 10 be cOmmtted. shall be followed b,
forfeiture OF estate. aud proceeds to ntict the
penalty without judicial inquiry or determine
ton aVd what the Const luton intended 10 guard
against was punishment for imputel crime with-
out indictment and trial. Ii the acts intended To
be reached 10y this bill had already been commit
ted. then think, in the lace OF the authorities
have read it would hardly he denied the char
acter OF "a Till OF attaiuder. l. its character
changed and j. the Consolation satisfied by de
clarng that certain acts hereafter to be commit
ted shall Ice punished MS crime. aud 10y proceed
ing to inhict the punishment without trial
say again that this is exactly at the Cons THU
ton intended 10 he'd a against, punishment in any
form, or by any device. without indictment and
trial. and Its provisions cannot be IN this way
eVadel
The Constitution dOes-n0t declare that there
shall he no attalnde' OF treason. IL admits that
there NAV be. but neither corruption OF blood
nor forfeiture OF estate except for the life OF the
offender sh al eusue as "A consequence. The At
tlInder NAV still take place. but il must be Judi
cial attainder There can be no legislative at
ttlnder IN any case. nor under any circum stances
or conditions nor deprivation of life, liberty, Or
property without due process of law.
To demonstrate the uncOnstllutionality of the
bill il u not necessary that il shall he assumed
or proven to he bill OF attainder Give il whit
ntme YOU will il il still bill 10 punish for tire ,Son
and rebellion. not upon the battlefield 10y the mil
it,ry arm OF the Government, but by legislative
enactment and legislative enforcement o. the en-
actment. without indictment and trial without due
process OF law, which the Constitution iorbldS.
under whatever name and by whatever cOntri-
vance 1t may be attempted But ii IL LotTe neces-
sary TO prove it bill of attiinder X not that al
ready sufficiently done 10y the English authorities
citedy To these let us again add the must Illus
triOus names which have illustrated and adorned
American Jurisprudence. Mr.. Justice Story in
ueltng OF this subject in his very able Com
mentares Oh the Constitution, holds this lam
sud-e
bills OF a.tainder, as they are technically
called are such special acts OF the Legislature As
inlet capital punishment upon persons supposed
To be guilty OF high oilen>e. such ~ treason aud
felony, without any conviction in the ordinary
course OF JUDICIAL proceedings. Ii an inillcts
mllder degree OF punishment than delth, it is
called bill OF pains aud penalties. But. in the
OF the CONSTITUTIONS, it seems that bulls of
attllnder include bills of pains and penalties. tor
the Supreme Court has said. - bill Of atttinder
may affect the lie OF an individual, or NAV con
6scite his property or both
In such cases the Legislature assumes judicial
mslsiracy, pronounclng upon the guilt of the
party without any OF the common forms and
guards OF trial, and satisfying itself with proofs
when such proofs are within its re ich, whether
they are coniormabie to the rules OF evidence or
not. In short in all such cases the Legislature
exerc ses the highest powers of sovereignty and
what may be properly deemed an irresponsible
de>potic discretion being governed solely by what
1t deems political necessity or expediency. and too
often under the influence OF unreasonable fears or
untounded suspicious" The
punishment has often been inflicted without call
ing upon the party accused 20 answer, or without
the formhty oi proof; and sometimes because
the law, IN its ordinary course of proceedings,
would acquit the offender. The injustice and IN
lqnity OF such acts IN general constitute IN ire
sstib.e argument against the existence of the
power In free Government it would be intOl
erab.e, and m the hands OF "A regnng faction it
might be, and probably would be. abused to the
run and death OF the most virtuOus citizens
Bills OF this sort have been most usually passed
m England IA times Of rebel ION, or OF gross sub
serViency to the Crown, or OF violent political
excitemehtS; periods which all nations are
most liable, well the free a. the easltved. TO
forget their duties and to tramOle upon the
rights and liberties OF others. - StOTy on tie
Constitution. SEE 1884
Ia the cIse OF e,cher " Peck the construc
ton OF the oltu>e OF the Constitution iorbdding
the enactment OF bills of atttnder. w - not ue,es
siry drawn into considerations; and vet its DIS
cuSSon WIS not impairment or irrelevant aud What
WIS said by the court can hardly be considered a.
loose dicfd The case WITS carefully AMI well con
sdeied. and tle decision had the approval Of all
the judi e. and therefore quote, a. authority
entitled 10 very great weight. whlt was s,id 10y
Cher Justice Marshal in delivering the opinion of
the court:
% \ bill OF attainder may affect the life OF an
individual. or my conf,cate his property. or may
do both la this form the power ot the Le-i,ia
ture over the lives aud fortunes OF indivlJulls Is
expressly restrained
ia What form! Why, sir, in the form of a law
by which IA iu'ii, idual may be deprive FL OF either
lie CT property without Judicial invest cation anu
decision.
trus' il viii be understood dat | am spe kin z
OF the powers "f Congress. ami not oil the
powers OF the army and it, commanders /
trust | viii not be understood advocating
the novel doctrine. Gr>t suggested los NV col