The daily Green Mountain freeman. [volume] (Montpelier, Vt.) 1861-1865, 1862-04-28

ton bill adequate to answer the ends of justice
may not be agreed upon.
But there is ano Their Consttut onal objection
inierposed to coniscating the property of trail
tors, and that is the clause which declares that
no attainder Of treason shall work d forfeiture
except during the life Of the person attainted,
Under the English law at the time Of the adop-
ton Of our Constitution, an attainder, or con.
victlon of treason, not only subjected the traitor
to terrible death, but forfeited all his estates
and property. 1t even went further, and de-
priyed his heirs of the right 10 take property
through him, 50 that the son of a traitor who
had been attanted could not take property by
descent from his grandfather ; IN other words,
it stripped the traitor of his property, and his
heirs OF any property rights which they might
have through him. 1t is quite possible that the
English law of entails and rights of property
in real estate, gave rise to this doctrine Of for
fixture, much real estate being held by titles
that only conveyed life interest," or even 2 less
estate. Contiscaion Of what was really man S
property under such laws, would only reach the
use OF the property, and might prove quite in
adequate as punishment, or as q source OF rev.
enue to the crown, and so the government went
further, and not only confscated what was the
property OF the traitor, but also what was right
fully the property Of mis- heirs after he was dead.
But while the Constitution expressly declares
hat of oi pHo iot;D Of
according to the common law, work forfeiture,
it also gives Congress the power to declare by
law what shall be the punishment ot treason
and we think it cannot be doubted that Congress
has the right to enact that treason shall be pun
ished by DEATH by fine, or by both of these
penalties. We can hardly suppose that the
trainers of the Constitution intended to limit the
power Of Congress in Furnishing treason, any
more than in furnishing any other crime, but
that they only meant 10 negative any presump-
ton that the common law forfeiture should nee
cssary follow the conviction of the traitor. II
they meant to say that the law. makers should
nc. divest in any way the title of the traitors to
their property as punishment for their trea-
son, it would have been easy to say SO; and,
from the fact that they did not say go, the in
ference seems unavoidable that they did not
mean So And we believe the best lawyers in
Congress agree that the lawmakers have the
power to punish treason by conGsca,ion, as we'll
as by hanging.
But, alter having reached this point, there isa
division of opinion as to whether property may
be confscated by Il proceeding IN rem, Or against
the property itself, without any judicial action
against he traitor or Jurisdiction Of his person.
AS loyal men and as good lawyers as any in the
Senate, among whom is Senator Collamer from
this >tate, doubt the constitutional power of
Congress to do this, while Senators, equally
eminent, claim for ii That power. We think,
however, that much controversy over this point
is Improbable, !naemuch Is ID law that conlie-
Gates the property OF traitors after the traitors
themselves are convicted will attain, il faith
fully carried out, nearly the same result as
would be reached by the more sweeping confs-
cation. The great majority of the property
holders South ere traitors, and, under law to
punish treason by confscation of property,
would be liable to punishment. Such law
would 50 nearly answer al the purposes desired
, by the Government in any act Of confscation
that we should regret to see any doubtful integ-
probation of the Constitution made to justify a
law against treason.
But Congress ought, at least, to pass some
bill which shall punish treason by confiscation
of the property of traitors, and VIC trust they
> will do so without much further debate. LIE,
them go us lar as the Constitution will clearly
warrant them in going. The Border State men
who love the Union and hate treason, are as de
cde1 as any one in favor of severe penalties
and fines, and confSca ton. They have felt the
bitterness and malignity of the rebellion, anC
, they are rather anxious to know how much
power the Government has, than what rcluges
treason can find. The Constitution did not or
In being too severe on the subject OF treason
aud Congress will not err in going as far as th,
Constitution permits.
i AT last reports Gen. Banks advance was u
d Iiarrisonburgh, and within about sixteen mile
of Jackson, who was reported on the south sid
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