Bedford inquirer. [volume] (Bedford, Pa.) 1857-1884, 1862-03-28
From thV Ph,ta. Evea5ng BuLletia.l
ON THE NATIONAL RIGHT TO C0NFIS-
CATE 1.-THE PROPERTY OF REBELS.

There are two clauses 10 the United States
Constitution limiting the power of Congress
on this subject, namely
"No bill OF attaiader 3 r shall be pass
ed Art J., sec. 8.
s'No aitainder of treason shall work corrup-
ton of blood, or forfeiture, except during the
life of the person attained. fart. ILL.,,
see. 3
The meaning of this language is 10 be ascer,
tanned by reference to the British Common
Law, whence il is derived.
According to Blackstone Book iV., cha 20I
bill Of attainder IN England, is a speciai act
Of Parliment attsiniug the offender, thereby
in law, corrupting his blood preventing
and vitiating inheritances.) subjecting bin
20 death, and all his property to eonfsea-
tion.
The power TO pass such bill is denied to
Congress BY Art. l., SEQ. 8.
But the attainder spoken Of ia the 81 sec
ton, article 3 above queted,) is the legcl
consequences of sentence of death being
passed by the Court, after conviction BY a
jury.
Conviction alone, at Common Law does not
work attainder. but judgment of death does, as
daes also judgment of outlawry.
The immediate consequence of sonv ction not
only of treason. but also of other felones of
death, is the forfeiture of all tie goods and
chatfelS.of the ofeader which be possesses at
fame Of CONNECTION. When ttFainder follows,
il works forfeiture and corruption Of blood
.4itatBdsr Of treason forfeits to the Crown
forever all real estate, or rights thereuuto,
held by the t:aitor at the time Of his treason,
or at any time afterwards. 1t also works cor
ruption of blood. But it does not work for
feiture Of goods and ehattels. These ere for
feited on conUictioa Of any felony of death, aud
when attainder follows, the culprit has no
goods and ehatteIs-to be forfeited. So much for
Common Law.
Now by the United States Constitution, a
judicial atfaander Of treason, teven if estab-
Iished by statute; which has not been done, J
could ouly y-work forfeiture of real estate du-
ring the life time of the offender The anuu-
al profits during his life may De forfeited alb
solLtely, and his goods and ehattels which be
holds at the time OF conviction may also bs
forfeited absolutely.
temporary forfeiture Of goods and chat
tells involves an absurdi;y. 1t is unknown TO
the law.
Hence there appears nothing in the United
oiates constitution denying TO Cengress the
power absolutely to confscate the personal
property of persons cORUicted not merely oG
treason, but of any other crime. This is not the
attaiader spoken of in the Constitution, but
found upon our statute books.
So that even if the oath OF supreme allegi-
ance Constitution, Art. viz can honorabIy be
violated; if Southern traitors can repudiate the
Constitution which, nevertheless, shall contin-
ue to bind the national authority against those
honorable perjurers, still their negro "proper,
ty'' can legally be con6scated, by act Of Coo
gress, as consequence OF felony, without any
statutory attainder..
Under existing laws, we can cobiscate
ships captured, the property Of residents of the
traitor States. Nobody questions that.
If the existence Of the negromongering pro-
pogsnda is incompatible With the national
peace aud safety las evidenced by their eontin-
ual filibustering attacks upon neIghboring peo-
pie, and now at home by long-laid conspira.
oy, that has wantonly plunged the country In
. o.fil war; may not slavery be rightsully
sEnli lated, 10 accordance with their axiom,
which is at the foundation OF all constitutions,
''the public safety is forever Tie Supreme
law"