The dollar weekly bulletin. [volume] (Maysville, Ky.) 1862-1864, 1863-09-17
From the Johnstown tPa.) Democrat.


they do not consider sufficiently stringent
and sweeping, contemplate introducing into
the next Congress proposition to render it
more elective. The object is so to amen
the law that southern citizens may be de-
priVed eftheir property forever, AID not as
at present, during the lifetime of the Of
fender, after whose death it passes to his
heirs. The language Of that clause of the
Constitution, which furnishes warrant 70 r
the enactment of EfseatiUn law lis as
follows: Congress shall have power to de.
clare the punish N ept of tre ason; but NO at
taindeE Of treason shall work CORFU ption of
blood, or forfeiture except during the life
time of the person attainted' 1t is scarcely
possible to conceive how any other cobstruc-
ton than the true one can be given to this
laugUagei it is plain, distinct, unequiyocal,
and conveys precisely the meaning intended;
1t is perfectly familiar to both English and
American lawyers, who have never dou bt ed
its meaning. but it does not sui tb e purposes
OF the Abolitionists, who have an intense
desire to.enter upon and possess In fee simple
the estates of southern citizens; and they
allege thsti in all past time it has been mis-
understood and miscOnstrued by interpreters
They say that the words but no attainder
of treason shall work corruption of blood or
forfeiture, except during the life of the per-
son attsinted refers not to tn length Of time
for which such forfeiture shall be made -
That the words mean, after the guilty party
Is dead there shall be no procedure against
him or his property; but that while still
living his property may be confscated by
the State for all time to GOMEZ Were we
satisfied by past experience that these ia
natical mlscreants are capable Of aBything,
however absurd, we could not believe that
thav wnnld nj GO A o1r{aI Ia
perversion of a constitutional provision
The clause referred to was inserted to our
Constitution for the purpose of saving the
innocent offspring ola traitor from the con-
sequence OF bis treason. In former times
by the English law he who, upon an ar
raignment, refused to plead guilty or not
guilty to Indictment, was said to sta nd mute,
and as no issue could be made up without a
plea, the trial could not proceed; the pris-
oner was placed in a dungeon and laid upon
his back, weights were then put upon his
body, and increased until he was crushed 10
death, or, as tbs law said, until he should
answer There are several instances Of
persons charged with treason undergoing
this punishment rather than plead to the
Indictment, IS without a trial and couvic-
ton there could be no forfeiture or confsca-
ton OF estate. This ridiculous attempt to
give new Interpretation to passage in the
organic law, the meaning of which has new
er been doubted or questioned by the abest
statesmen and profoundest jurists of the
country since the organization of the gov
ernment could only originate in the minds
Of just such politicians as now control public
affairs; their wits are sharpened by rapacity
and an Unsuitable hatred of all who do not
agree with them. and whenever constitu-.
tional provision happens to stand in the way
of the eoDsnmmation of cherished desire,
they sweep it aside without hesitation for
they reverence not the wisdom of our pa
triotic ancestors.
The following extract is taken from Judge
Story's commentaries upon the Am erican
Constitution:
1T is we'll known that corr ption Of blood
and forfeiture of the estate of the offender
followed, 'as a necessary consequence, at the
common law, upon every sttainder oftreason !
BY corruption of blood all Unbeatable quail
ties are destroyed; so that an attainted per- |
son can neither inherit lands nor other here.
ditaments from his ancestors, nor retain [
those be is already in possession of, nor
transmit them to any heir And this de-
struction of all Unbeatable qualities is so !
complete that it obstructs all descents to his
posterity, whenever they are obliged to de-
rive title through him to any estate of
remoter ancestor. So that If a father COM
mits treason and is attained and suffers
death, and then the grandfather dies, his
grandson cannot inherit any estate from his
grandfather; for he must claim through his /
father, who could convey to him no inherit
able blood. Thus the Innocent are made
the victims of guilt 10 which they did not,
and, perhaps. could not participate; az the !
sin is visited upon remote generations. In !
addition to this most grieVous disability, !
the person attainted forfeits, by the common !
law, sill his lands and tenements, and rights /
of entry, and rights of profits in lands or |
tenements which he possesses. And this (
forfeiture relates back to the time of the /
treason committed, so as to avoid all inter |
mediate sales and incum brsnces; and b also /
forfeits all his goods and chatteIs from the /
the time of his conviction.
THE reasons comm only assigned for this
severe punishment, beyond mere forfeiture
Of the life of the party sttainted, are these:
By committing treason tie party has broken
his original bond of allegiance and forfeited
his social rights. Among csc social ri ghts,
that OF transmitting property to others is /
deemed one OF the chief and m ost valuable.
Moreover, such forfeitures, whereby the
posterity of the offender must suffer as well I
Is himself, will help to restrain a man not
only by the sense of mis- duty and dread of
personal punishment, but also by his pas
'ions and natural affections; and will interest
,very dependent and relation he has to keep
him from offending. But this view Of the
~ bjsct is wholly unsatisfactory. 1t looks
,nly to the offender himself, and is regard
ess of his innocent posterity. 1t really
operates as posthumous punishment upon
hem, aud compels them to bear, not only
he disgrace naturally attendant upon such
lsgitious crimes, but takes from them the
COMMON rights and privileges enjoyed by
ii other citizens where they are wholly in