Weekly Trinity journal., 1862-04-12

TRAITORS AND CONFISCATIoN.-A Assemblyman
Matthews has sent us copy of Maclay's Confs-
cation Bill, which has passed TO engrossment in
the Assembly, by large majority The title of
this Bill reads:
An Act to deprive traitors and aiders of trea-
son of the rights of citizenship in this State for
the confiscation of the property Of of snch trait
ors, and the surrender of their persons and prop.
crty to the United States, on reGuistion by the
Federal authorities"
This is another bunoombc, F." spread eagle"
"sensation" bit of legislation. The present Fed
eral and State laws already provide fully and
amply for the punishment of treason those laws,
now, upon conviction of the offence, confiscates
the property of. and hangs the traitor. Can any
att our Legislature may pass do more = Much
better pass an Act Furnishing the proper officers
and courts for not enforcing the present all suffi-
cient law Besides, the proposed Act, in our
judgment, is unconstitutional if So when such
rabid men as Henry Ward Beecher weaken on
the higher law" dogma [see extracts from his
lecture, on fourth page] and publicly recommend
a strict compliance to the letter of the Consttu-
ton, pronouncing that document the only safe
Union, we think California Legislature howev-
er crazcd and fanatical might well afford to
pause, and pay some respect to the organic act
of the Government which it is so rampant in pre-
serving from destruction.
In Section lst of this Act, the following words
occur:
In addition to the penalty prescrib in said
Act Act passed April 10th, 1S50l all property
both real and personal, in The State of Califor-
MIA, claimed by or held in trust for any person or
persons convicted under the provisions of this
Act, or claimed by or held in trust for the heirs
or assigns of such persons, shall, upon such con-
viction, be coniiscatcd to this State"
There happens to be these words in Art 8, Sec.
3, of the Constitution of the United States " No
attander Of treason shall work corruption of
blood, or forfeiture except during the life of the
person attainted." Yet this Act proposes TO rob
innocent children, and good Union men, perhaps,
who are so unfortunate as to have money in trust
with traitor. We leave to legal hairs .splitters
to define what corruption of blood' and for
feiture means in this Constitutional clause but
we have our decided opinion.
The Constitution especially provides, also, in
Art. 6, Amend. CON- that in all criminal prose-
cutions the accused shall enjoy the right to
speedy and public trial, by an impartial jury of
the State ami district Wheren Tie crime shall hare
been committed, which district shall have been
previously asoertained by law" This Act pro-
vides that when "upon conviction in any Court
of competent jurisdiction in this State the party
be deemed guilty of The crime OF treason against
the State of California as provided in Sec II of
an Act entitled "an Act concerning crimes and
Punishmcnts, passed April l6, 1885," whether
such acts be committed ,oithin or wthom the lin
its of the Safe" According TO the Constitution,
there can be no "Court of competent jurisdiction
in this State' to try this matter of treason, if it,