Bradford reporter. [volume] (Towanda, Pa.) 1844-1884, 1862-05-15
PUBLISHED EVERY THURSDAY AT TOWANDA BY GR


simply does away with the common.Iaw conse.
queuces Of the judgment. by declaring that no
attainder, that is. no judgment for treason, shall
work corruption of blood or forfeiture beyond
the life of the party against whom judgment
shall be pronounced. Our right to copfscate
the property OF rebels cannot be affected by
constitutional provision which declares that
certain consequences which attached 10 judg-
ment for treason at common law, shall not
follow such judgment here. This bill does
not pronounce judgment agsinst any one. No
% an can be tried under it. It affects prop
erty alone, and touches no property of an Of
fender amensble TO process. Ii does not
change the Punishment of treason by decar-
ing forfeiture of estate as part OF the penal.
ty Those whose property is taken are beyond
the reach of personal punishment. Are the
refugees OF this rebellion to live upon the rev.
enues of large estates here Is Slidell TO
live 10 EGrope inafluence on the revenue from
estate in Louisiana Does traitor, possess
ing large estate gain immunity from al pun
ishment whatever by fleeing the contry aud
making bis permanent residence abroad
Sir, this bill has no relation whatever 10 the
punishment provided against treason. It attach.
es to the property Of those 10 rebellion, and pro-
vides for proceedings in rem and not an pers0Ram.
The two are wholly distinct. Under this bill.
you take aud cOnfscate the property OF rebels;
if afterwards they should come within our pow
er, theg may be indicted, convicted, and hung
for the crime Of treason The bill provides for
proceeding in rem, as in prize cases, and in no
way affects the penalties tn PersoRan admins
tered by our criminal courts.
The case Of the Palmyra ll2 Wheaton, p.
! was the case Of seizure by Government
vessel, the Graupus. uuder the acts Of piracy,
of the Sd March, 1915, and Of 5th May, 1920
One ground taken against a condemnation OF
the vessel was, that it was not ayerred in the
libel that there had been a conviction IN per
s0nGng Of the ofense charged in the libel; and
it was contended that there must be q conTic-
tion upon an Indictment for the ofense IN per
s0nau aVerred sld proved, in order to main
tain the libel IN rem.
Justice Story, who delivered the opinion Of
the court. in noticing this objection, says -
The point Of objection is Of an important and diff
cult nature. It Is we'll known that common Law, in
many Of elolles, the party forfeited bis goods and
chattes TIE CroRn No right to the goods and chat
ties OF the eOn could be acquired by the Crown BY the
commission Of the Ofeuse but the right attached
only by the conviction ct tie offender In COEtemp.a
vested until CONVICTION But this doctrine never was ap-
piled sId foreilUres created by rem
cognzable on ihe revenue side OF The excheqger The
thing s here primarily cO1slder as the offender Tatb
the oe1se IS primarily attached TO the thing. Many
exist where tie forfeiture Tor done attaches
solely IN reTa and there is 10 ACCOMPANYING penalty IN
PsTSGRGm Many exist whore there Is both fCT
eituTe and personal penalty. Bot in neither
class OF has been decided that the prosecu
tIoEs dependent upon each other. Bat the practice
has been and 50 this court understand the Law to that
the proceeding STANDS independent Of and wholly
unaffected BY any criminal proceeding in apsTsOnGH."
Here the effense is attached TO thing, and
the bill provides for proceedings in rem, as 10
prize cases or forfeituTeS arising under tEe rev
eIue laws. II has no connection whatever
with criminal proceedings IA psysonam they
are still open TO be resoFted TO, if the offender
shall ever come within the reach Of our crimi-
Bal process.
The Constitution provides that " 10 bill of
Rttaiuder or ct pest facio law shall be passed. !
aud it is objected that the bill under eonsid-
GRAFTON inplnges on this constitutional proTIs-
ion. 1t is claimed to be bill of pains aud
penalties within tue mischief, and there
fore within the constitutional prohibition against
bills of attaiDder / agree, il tLis be bill
of pains and penalties" that We have DO
constitutional power to enact it, A bill Of
oEAoAA0Nty 81 I-2 O4sA Va pains @bA
peGal;ieS,' only in pronouncing the Judgment
of death, instead of q milder punishmeut.-
Both are equally within the reason aud spirit
OF the constitutional prohibition. 10 both.
the Legislature assumes judicial functions, and
pronounces sentence for past ofenses, and
without the safeguards Of trial No jury TO
court, DO evidence-the Legislature, by sn
act of legislation, pronounces sentence. Both
bill OF attaiDder and bill Of pains and pen
alties are of the nature Of er post Jact0 laws
Ia both, the Legislature assumes judicial func-
tionS, and proceeds to conviction Eilhoui Law
or evidence.
Ths bill has no feature of bill of pains
and penalties. 1t is not sr post faeto it in-
H'cts no penalty for past ofcnses, but only IN
ficts forfeiture against such as shall, after It's
passage, be guilty of bearing arms against the
United States, or in giving them aid and CON-
fort 1t pronounces no legislative sentence
The bill itself does not appropriate any prop
ty, but only makes the appropriation after con
domination by the couEts, or through com
missioners where the rebellion makes the sit
ting OF courts impossible Ifit Is complain
cd that the bill gives too great power 20 the
commissioners, | aBswar that this objection IS
not open to those who, 6y arms, have set Cp
another jurisdiction, and driven our courts
from the territory Of several States. This
would be TO give exemption to the properi! OF
traitors because Of Their treason.
Nesy extraordinary powers are claimed Tor
the President on this subject Of emancipation
OF sIaFes sod the eo06scalion of property. AS
ComnsndeE-in Chief, il IS claimed that lie has
full power TO emanCiData the slaves, and the
right to take for public use srch property OF
tbe robels as be pieasss. This SIR. is claiming
large powers for the President, aud if be pos
sesS them, then, indeed, does war make him as
absolute IS the Gar or Sultan. The Presi-