The mountain Democrat., 1863-11-07
TaE FOUNTAIN DEMOCRAT,
.E.1.sa1IeH Lew e be Amended.

oot content with the present cOn6scation
i"w.which they do not consider sufficient
IL stringent and sweeping, contemplate
;1,roducing into the next Congress .
nronosition to render it more Elective
Ehs object is so to amend the Law that
Southefn citizens may be deprived of
their property forever, and not, as at
Oresent, during the lifetime Of the offen-
5sg after whose death it passes to their
Ssirs. The language of that clause Of the
Constitution which furnishes warrant
Sor the enactment Of con6scation law, is
as follows:
Congress shall have power TO declare the
..,0;sbment Of treason, but no attainder Of trea-
- sball work cOrru2iiDn Of bIOod, or forfeit
rre except during the lifetime of the person
sssainted.
II is scarcely possible to conceive how
any other construction than the true one
can be given to this language it is plain,
distinct, unequivOcal, and conveys pre-.
risely the meaning intended; it is per-
Fectly familiar TO both English and Amer
icsn lawyers, who have never doubted its
meaning, but it does not suit the purpO-
ees of the AbOlitioniS, who have an i'm
mense desire to enter upon and possess in
fee simple the estates Of Southern ciIi-
zens: and they allegr that in all past times
/, has been misunderstood and miScOn.
s,rued by interpreters. They say that
the words
But no attainder Of treason shall work cor.
Tuntion Of blood or forfeiture, except during
the life Of the person atanted, refers not I" the
length Of time iur which such forfeiture shall
be made. That the words mean, aiierthe guilty
party is dead there shall be no procedure against
him or his property; but that While still living
his property may be cOnhscaled by the State
for aIl time to come.
Were wc not satisfied by past expert
ence that these fanatical mi>CreantS are
capable Of anything, how ever absurd, We
could not believe that they would attempt
so gross and palpable pcrversiOn "f a
constitutional provision. The clause re-
ferre,l TO was inserted to our Constitution
for the purpose OF saving the innocent
offspring Of traitor from the conSequcn.
ces Of his treason. IN former times Ly
the English Law he who. upon All arrai.r.
ment, refused TO plead guilty or not gull
" TO an indictment, was said to stand
mute, and MS 10 issue could be made up
without plea, tie trial could not pro.
ered the prisoner was placed in a dun
eeon and laid upon his back. W, lights
we're then put upon his body, and in
creased until he vas crushed 10 death, or.
As the law said, until he should an.
swer." There are several instances "f
persons charged with treason undergoing
this punishment rather than plead to the
indictment, as without trial and con.
vichon there could be no forfeiture OF
coniscAlion Of estate. This ridiculous
attempt to give new Interpretation to a
passage in the organic law, the meaning
Of which has never been doubted or
questioned by the ablcSt statesmen and
prolounde>t juri>ts Of the country since
the organization Of the Government.
could only originate in the minds Of Just
such politicians as now cont: ol public Of
fairs; their wits are SsIarprntd by rapa
city and an Unsuitable hatred uf all who
do not agree with them. and whenever n
constitutional provision happens I" stand
in the way Of the ConsumInation of a
cherished desire, they sweep it aside
without hesitation. for they reverence not
the Ni>dom Of our patriotic ancestors.
The following extract is taken from
Judge Story's commentaries upon the
American Constitution
"lt is we'll known that corruption Of
blood and forfeiture Of the estate Of the
offender followed, as a necessary consc.
quence. at the common law, upon the at.
tainder Of treason. by corruption Of
blood all Unbeatable qualities are destroy.
ed so that an aItainled person can nei
ther inherit lands or other hcrcditament>
from his ancestors, nor retain those he is
already in possession Of, nor transmit
them to any heir. And this destruction
of all inheritable qualities is so complete
that il obstructs all dcscentS to his pos.
terity, whenever they are obliged to de
rive a title through him to any estate Of
. renoter ancestor. So that if a father
commits treason, and is attainted, and
suffers death, and then the grandfather
dies. his grandson cannot inherit any eS
tate from his grandfather for he must
claim through his athtr, who could con.
vey TO him no Unbeatable blood. Thus
the innocent are male the victims Of
guilt in which they did not. and. perhaps,
could not participate; and the sin is Wis
tied upon remote generations. In adli
tion 10 this most gIiev0us disability, the
person attainted DrGeitS by the common
Law all his lands and tenen'rntS. and rights
Of entry. and rights Of profits in lands or
tenementS which he possesses, And this
forfeiture relates back 10 the time Of the
treason committed, so MS TO avoid all in
termedi tie sales and incWrHhranceS AMI
he also torftits all his goods and chatttl>
from the time Of his conviction.
"The reasons commonly assigned for
this severe punishment, beyond mere for.
feiture Of the life Of the party attaintcd.
are these: BY committing treason the
party has broken his original bond of al.
legiance and forfeited his social rights
Among these social rights trat Of Trans
mitting property to others is deemed one
Of The chief and most valuable. Moreover,
such forfeitures, whereby the Po>ie'it,
Of the offender must suffer a. well aS him
self. will hell tu restrain n man. not only
by the sense Of his duty and dread "I
personal punishment, hut also by hi
passions and natural affections; and vii
interest every dependent and relation H.
hsG to keep him from offending. But this
view Of the subject is wholly unsaIi>fac.
tory. II looks only to the offender him
sell, and is regardless of his innocent
pOSterity. 1t really operates as a p0S!hu
NOUS punishment upon them, and CON
pelS them I" bear, not only the disgrace
naturally attendant npon such HaSilinuS
crimes but takes from them the common
rights and privileges enjoyed by all other
citizens where they are wholly innocent
and however remote they may be in the
lineage from the first offender. 1t is sure