Santa Fe gazette. [volume] (Santa Fe, N.M.) 1859-1864, 1862-06-28

A correspondent asks US TO devote n small
space Of our paper to a clear statement and deini-
tion Of the constitutional principles involved in
any legislation under the head of "confscation
and forfeiture" for treason or disloylty to the
National Government.
These principles have been SO fully explained
in the Congressional discussions published in our
columns that we have not felt called to make
them the topic Of any extended editorial remark,
beyond that of clearly indicating our own cOnylc.
tions in the premises, as eaborately explained and
vindicated in the able aud cog9nt arguments Of
Senators Cowan and Collamer
For the information, however, of our querist we
may say that the constitutional principles which
would seem to govern the case ia hand are surf
cently embodied in the following clauses Of the
fundamental law-we quote from articles and
LII of the Constitution;
"NO bill Of attender OR ex post facto law shall
be passed"
"Tha trial of all crimes, except in cases of i'm.
peacRment, shall be by jury; and such trial shall
be held in the State where the said crimes shall
have been committed; but when not committed
within any State, the trial shall be at such place
orplaces as the Congress may by law have direct
3D."
Treason against the United States shall con
sst only in levying war against them, or in adher-
ing to their enemies, giving them aid and com.
fort"
"No person shall be convicted of treason unless
on the testimony of two witnesses to the same
overt act or on confession in open court"
The Congress shall have power to declare the
punishment Of treason, but no attainder Of treason
shall work corruption of blood, or forfeiture, ex.
cept during the life Of the person attaintcd"
The amendments to the Constitution contain
the following provisions directly bearing on the
subject:
"Article the Fifth No person shall be held
to answerfor capital or otherwise infamous
crime unless on pTesentmont or indictment Of a
grand jury, except IN cases arising in the land or
naval forces, or in the militia when in actual ser.
vice, in time Of war and public danger; nor shall
auy person be subject for the same offence, to be
twice put in jeopardy of life or limb nor shall be
compelled in any criminal case to be a witness
against himself, nor to be deprived Of life, liberty,
or property, without due process of law; nor shall
private property beS aiken for public use without
list compensation.
Article the Sixth. In all criminal prosecutions
the accused shall enjoy the right to speedy and
public trial, by an impartial jury of the State and
district wherein the crime shall have been previ-
ously ascertained by law and to be informed of
the nature an d cause Of the accusation; to be
confronted with the witnesses against him; to
have compulsory process for obtaining witnesses
in his favor and to have the assistance Of counsel
for his defence"
In the light Of these provisions, it is clear that
Congress has the power ito declare the punish
ment Of treason under the limitations that mo
bill Of attainder shall bepassod,' and that mo at.
tainder of treason resulting from Judicial prose,
cutlon and conviction, shall "worli corruption of
blood or forfeiture except daring tho fo of the
person attaiatel;" and with tho lutier express
Limitation that under the statutes enacted by Con.
gress for the punishment Of treason mo person
shall be deprived of life, liberty, or property with
out due process flaw, according to the prov
sons specified in the fifth and sixth amendments
to the Constitution, as above recited That is,
Congress cannot by legislative oct attaint for
treason any person., or class Of persons, but it can
declare the punishment of treason, with the res.
friction that that punishment, as prescribed by
law administered by the courts before which the
accused are brought, shall not work corruption of
blood or forfeiture Of estates, except during the
life Of the person attanted "Attainder of troa
SON cannot be constitutionay compassed by q
"bill" Of Congress, 1t must result from conviction
Of the party indicted under the laws.
Mr Madison Afho Enthor Of tla
in the forty fourth number Of the Federalist, says
Of "bills of attandor" that they "are contrary TO
the first principle Of sound legislation" they 'are
expressly prohibited by declarations prefxed to
some of the State Constitutions" and "are pro-.
hibited by the spirit and scope of these fundamon.
tai charters" He adds;
"0ur own experience has taught u.s. neyerthe.
less, that additional fences against these dangers
ought not to be omitted. Very properly there
fore, have the Convention added this constitution.
al bulwurk in favor Of personal security and pri-
vate rights.
Judge Story, the commentator upon the Cousti.
tuition Of the United States, in vol, I'd of his
Commentaries, Sec 1874, says
"Bils Of attainder, as they are technically call
ed, are such special acts Of the Legislature as in
hict capital punishments upon persons supposed
to be guilty Of high offences, such as treason and
felony, without any conviction in the ordinary
course ofjudical proceedings. Ifan act inaicts
o miIder degree Of punishment than death, it is
called bill Of pains and penalties But in the
seuse Of the Constitution, II seems that bills of at
taiuder include bills pains and penaltes for the
Supreme Court have said a bill Of attainder may
effect the life Of an individual o. may confscate
his property or both In such cases the Legis
lature assumes judicial 'magistracy, pronouncing
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 It's
reach, whether they are confOrmable to the rules
Of evidence OR not. In short, in all such cases.
The Legislature exercises the highest power Of
sovereignty, and what may properly be deemed an