The Lansing state Republican. [volume] (Lansing, Mich.) 1855-1874, 1862-05-07

" no bill ot assainier or ss post Jaeto la" SHAH
be passed"
What is bill of attAinder in the sense Of the
Constitutious Upon every principle OF sound
construction, the word artAinder ought in this
clauee to receive the same meaning as 10 given
to is in other parts Of the instrument. In the
first clause OF section ten is declared that mo
State shall pass any bill Of aitsinder." Several,
il no, ali, Of the States had. during the revola-
tionary uA. passed statutes, in mutation OF nu-
merous English statutes, xpressly attaining per-
sons by name aud declaring them guilty OF trea-
son or felony for the part they had acted in the
struggle but in every case OF the kind the tefm
attaiuted 10 applied 10 persons aud never To pro-
perty only. The meaning OF the word a':ains,
as used in English history and jar'spruaenee, 10
to stain, to srgma,ixe, TO disgrace, or, 10 use
it would not Only be u violation Of all grammer
but OF the we'll known Use of the word to apply
it to property. There is no instance ia our own
legislative or Judicial history in which it has
been % applied, so far NV own researches
have gone, and venture 10 say no such instance
can be found in English history. The term
always reters TO person, and never 10 property
only. Ii would, indeed be san susr use oi Ian
guage to talk of attaining horses and cattle,
steamboats,. wagons, casks OF sugar, and bales OF
cotton.
IL
the Constitution declares that - no sttaades OF
treason shall work corruption OF blood or forfeit
ure. except during the life OF the person attaint-
ed" Nothing can be clearer than that the term
attaindcr here means Judicial conviction ot an
accused person Ot treason. Ii is called an at
tainder, and the person convicted is said 10 be
attainted; and the language is plainly borowed
from former English and American statutes and
judicial proceedings. The clause relates exclu.
svely TO the punishment of act OF treason
committed BY person. Itconten,s itseif-when
that person is convicted, that is attaintcd-snh
taking bis lie or sending him TO prison, If Con-
gress shall % ordan and torieitng his estate du.
ring the remainder of his days; but il wi,hholds
from us the power, upon such conviction. 10 de.
clare that his heirs at law shall not inherit the
property he may leave behind him. Ii refuses.
in its humanity, to punish them for his misdeeds.
repeat, an attainder is q conviction OF the per-
son. Before the Constitution, it might have
been in the form OF legislative act or OF . for
NAL accusation, trial, and sentence in court Of
justice a. the sovereign power may see hit; and
the ohly change in the mode of ascertaning the
guilt of the accused which the Constitution has
s-.A. eo.e;ss. :. a'--s.ng the Legislatures OF all
jurisdiction to try the accused, and in prohibit
ing the corrupting of the hertable capacity Of
his heirs. But the attsnder clause has no more
to do with the seizure and confiscation Of mere
enemy property in time Of war, q measure Of
war, than il has with the levy OF AN execution or
the foreclosure OF . mortgage. IL has nothing
| whatever to do with it, and does not relate TO
| the subject. That power stands on ground
very distinct and very distant fsom the mere
judicial proceeding to convict man Of treason.
Undoubtedly bill OF attainder, being mere
legislative act, may. ~ Was observed by Chief
Justice Marshall-ciarWm ct peneyabiie nsmen-
in Fletcher Vs. Peck. (6 Cranch, 'sfiect the life
of IN individual, or may coutisca,e his property,
or both )" but it must be remembered that he
WAS speaking Of the sovereign power Of the
State 70 pass acts affecting persons and property.
and not of the meaning aud effect of the words
''attainder" and ''attainted," as employed in the
| Constitution. Nor did he IN that case hint at
wha: might be the power Of Congress to forfeit
and cop6scate - . war power. And he was, in
deed, entirely correct in what be said for, be.
yond Ill doubt, il Was Of old competent for the
Legislatures. in their bills OF attainder against tho
person, to provide for Furnishing hs person either
by death, imprisonment, or other personal ssf-
fering. or by merely taking from him his proper
~. Yet, ic the subsequent case Of Brown W
The United States, Is Cranch.) that illastrious
judge expressly asserts that ''tbe power Of con-
iscating the ensmy's property is in the legisla.
ture." II is true, he il speaking of foreign enc
mics, and not Of rebels in arms, and waging var
upon the Government: but have already shown
that, BY the laws OF war. foreign enemy Is en-
titled to greater lenity than a rebel. for the
ron that the latter has as an individual voluDta-
rly violated his duty OF allegiance. a duty which
vas never due from foreigner. No eoo grow.
ing out OF 4 rebellion had At that tilne come
before the court, and its revered records had nos
been put to the shame Of perpetIasing the case
Of q rebel. But no one can suspect tina: the
r. Ill h.. ~
any such subtle distinction between foreign var
and rebellion - would have extended to blood
stained re- bel favors withheld from foreign en-.
, emy engaged in honorable war by the command
of his sovereign. t.-r
But the honorable Senator from illinois, Mr..
Trumbull. Who reported this bill. has 50 ably
and conclusively replied to this objection that is
would be useless, and even unkind, in me longer
to detan the Senate upon il.
come to another objection. We are told by
, the honorable Senator from Pennsy lvania who
sits farthest from me. Mr.. Cowan. that. although
. the power Of seizure and con6scsiion is lodged
, in the Government Of the United States, yet
that Congress is not vested with il, and that is
pertains exclusively to the President in virtue o!
bis preroeative - CommandernChief OF the
, Army and Navy; that. as il is but an instrument
of war, il 10 not for him, not for u.s. TO wjed il
{ that an attempt on part 20 use IL or TO reg
: ulate its would be a usurpation Of an author.
: ity which 10 his: aud that all Congress 10 permit
r ted 70 do 10 to furnish the supplies Of men and
). money.
n fear the honorable Senator has been more
{ attententve 70 the peculiarities Of the Engl,sh
!: Constitution than those Of our own. Il is DO
yond doubt one of the prerogatives Of the Brit
|. ish sovereign. net only TO declsre var. but v
L raise armies. build equip. and msn navies, ast
d to carry on war by laDd and sea, without TN
| cvuseus Ut rsxlialneut, and sitlsoas as any "a,
a consulting them. He has the whole Of the va
# making power in bis hands, and may use j
}. against whom he Pleases and 20 long be pleas
d "a, subjees TO no check by the Parliament, ex
II cept the right and power to withhold the tsEe
= for paying the expense. Subject to that singi
o enbarrassment-not by any means . legal re
e strictioB, for he may borrow money without tn
J. consent Of Parliament-his power Is - abselut
}, over the whole field of and all is operation
Q a that Of the most absolute desp0t. go q
/. Sir, ID that Our case! Have the people Of th
e United States stripped themselves of all poser
y control the operations Of the wars in which the.
nay be involveds l. nothing LETT to their rep
resentatves bat to furnish the men, the Datesia
. and the money; and are their orders a. to ths
T. mode in which, and the purposes for which
,f these shall be used, totally powerless and VOID
I. And does the Constitution subject 10 the viii
!. the President exclusively the Of the miiitar
,e foccs in oil the details of the service, and anthes
= ise him alone to say when and whittier IL sbA
msvs. what expeditions it shaii or shall not IN
/. a>rs.ks ~kse imnkmenta of war ie cha