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

How far Congress has a right to so in passing
anv general con6scation act, is a question OF
grave consequence. Our Constitution was
framed with great care TO auard the rights OF
the people. The men who agreed to it had just
passed through revolution to achieve their in
dependence Of despotic government. They
were exceedingly jealous Of the prerogatives OF
power, and carefully guarded the Government
from the possibility of practising upon the peo-
pie the absolute despotism of an irresponsible
body of men. And as they had this reasonable
apprehension Of the tendency of all govern
nents to draw to themselves functions Of power
that did not rightfully belong to them, and by
u natural law to drift toward despotism rather
than freedom, they carefully put barriers in the
way Of this natural progress. These restrictions
upon government are various. Frequent cleo
lions is one Of them. Freedom Of speech and
of the press is another. But neither of these is
of more consequence to the freedom of the peo-
distinct departments, and giving the making of
the laws 70 one Department. the administration
of them to another, and the Interpretation of
rh1m to still another. This leaves The Execu-
tive with no power to declare what shall consti-
tuto crime, and the Legislature no power
except in Cases Of peachment-;o determine
who is criminal, and the judiciary no power to
mako the laws by which crimes are to be tried
But our fathers hardly content with this-and
perhaps melted by their fresh recollection Of
some of the arbitrary acts Of the British govern
nent against them in their rebellion-took one
further precaution, and, while giving Congress
power to declare the punishment Of treason
withheld from it the power to pass any bill Of
.attaiuder, or er post tacto law.
A bill of attainder is defined by law writers.
to be an act of Legislafur which declares Ger.
tain named persons to be guilty, and indicts up
on them capital punishment, or coniiscate:
theirproporsy, The Legislature, by such an act
usurps the functions OF the judiciary, and de
priyes the person thus attainted of his right tt
trial by the ordinary forms of law. The pro
hibiton in respect to er post .facto laws is held
to apply to criminal laws, and to prohibit thu
passage of any law by which an act is declared
TO b. IL crime, and made punishable as such
which was not u crime when performed; or b,
which the punishment is made more severe o.
by which less evidence is required for conviction
than was required when the act was committed
{ Ai,a ;o
posed by many persons 40 an nsuperablc obsta
cie to the right of Congress to pass any genera
confscation bill but we hardly think it shouts
have that force. The danger, that the claus
was intended to guard against, was the usurpa
ton by Congress Of judicial functions, not onl
defining Che punishment of crime, but decidin
upon the fact, designating the criminal, an
passing the sentence. No one, that We are awar
of, desires to have bill of this description passed
But tho most prominent confscation bills belor
Congress obviate this difficulty by making pal
ticular provision for judicial process, the Ia,
only defining the crime and the punishment, IL
IN other criminal statutes. And these bils--a
least such of them as have the remotest poss
bilty of passing-also avoid the er post facto Ok
lection, by referring only to crimes to be CON
United after their passage, leaving the rebel
who, prior to its passage, repent OF their Grim
and stop in their treason, the benefit OF the lay
rs it is, which only hangs them without takin
their property. We are unable to see why, Il
lar as these objections are concerned, confsca