Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1864-02-26

and judgment treason In this county Congress de-
ternines what constitutes the crime Of treason and de
olares what its punishment shall be- There are no at.
tendAnt effects TO the Judgment beyond the prescribed
penalty There Ia ne her corruption Of blood or forfeit
mc. whether Congress as punishment for treason
can forfeit the real Of The offender In fee is anot
CT question The authority quoted from Of the afti-
cles Of Mr. Madison. in the Fedcrais does settle
the point either way 1t merely asserts that Congress is
restrained in punishng treason nom extending the con.
sequence Of guilt beyond the person Of its authors or in
other words that punishment for does not work
corruption II blood orfeiture Of interests property.
except 90 far as those interests pertain 10 the po,s0n 9
The offender. Mr. Justice Story whose memory hold
In the pfoioundest 10 ~ further and
his language would naturally enough indicate that
punishment for treason there can be no forfeiture Of es-
tate beyond the life Of the offender have ever admired
the Judicial scholarship Of NJ Justice Story, aud been
accustomed 20 reeeve his opinions with the greatest
which, 10 say the least ssomewhat desuory and unsat-
,f.eory-wil only bear the construction which the
temen the other side give it with great huml-
ity daagree with the learned commentary.
The Consultation is TO be construed in accordance with
The intention ofits ffamers and that intention may be
determined TO some extent by examination of history
eontempcraheous with the adoption Of the Constitution
Our fathers we're striking out upon system entirely
different 10 most respects from THAT Of England They
had the effect cf bills Of aiAindsr, hence wisely
provided that bills Of atainder post fact0 laws
should he passed hy Congress They had seen the feet
ui atainder Of treason under the common law whereby
corruption Of blood worked aud inheriiable qualities
destroyed Hence they provided that Upon Auaindcr
Of treason there should be corruption o blood They
bad seen interests In the realty, absolutely rested fhs
innocent descendant, forever taken in fee upon the
I England
generally BY yrpe Of uda grants from the Crown, and
each tenant held only life estate and hence corruption
Of blood was necessary Of atalnder
Of treason To destroy the entail aud revest the title In
the Crosn. Ohefwise tho heir would inherit for in
tailed estates 'here rs an interest ess in the remainder
during the life u an interest that may
be legally encumbered by way Of mortgage.
an his country a. the tine Of the Revolution and the
sdoptou of the Constitution entaied estates aJounded
aud he Constitution leaves il wholly 20 the several states
20 regulafe the decent o prop ny aud a0w pro-
hibt entails and they exist. prooaDy in large
bers, IN the states limited by Law TO Terms of ycars
S ives oi persons On o'ns When created but siil eu
tailed estates, whtre one person has the e interest aid
another the Temainder and the Consultation undoubted
provides against legislation which shall deprive inno
cent persons OF their legal rights for the crime
an ancestor through the doctrine Of corruption Of blood
But Heno es heres riteH and because the conviction
Of the tenant entail shall work injury the ,u-
der through corruption Of blood II be said that
treason may not te punished by dcprYng the convicted
person Of that properly which belongs solely to him.
which else during has life has any legal claim and
that he Is 10 be permitted before he mounts the scaf N
20 dispose Of It Yr the futiheranee Of the very Tor
engaging in which We deprive him u lie Could the
fathers have sraey discussed ts question Of forfeiture
aud inserted "a the Constr uuun the shadow with
out particle Of substance Did they that for the
highest crime known 20 the law the forfeiture should
ach only long enough io the convicted feon be trans.
poiea f'm he pHson 20 me scahlld NO SIR our faith
cheated b, shadows graspsd At stravs
They meant something by the insertion Of this clause
Forfeiture was To have some practical operation pun
shment for treason lf so he forfeiture intended
10 operate upon the interest Of the offender la whatever
estate he possessed aud upon the whole Of that interest
and nothing more; and wisely and humaLely, contrary
o. the English law, il not intended % operate upon
an interest iH vesicd interesn innocent de-
scendAnt to the property ia possession OF the convicted
traitor by vtiue Of an he ship which the him
self could neither dtest affect In other words the
forfeiture could not operate upon any title interest
resting Al me person atantedi aud this, in my lIdg-
ment, is all that intended by the clause lffet
beyond the lie Il the person altainted
The tears which have been here in behalf of in.
nocent heirs are cocod c teArs tears lie those Of the
pay actors on h boards go up for the occasion for cf
feet always bolt ed aud ready Tor use No like
the ~hict h1w from the true fountain than mud
dy tiers Of the Potomac like the waters Of the
tai brooks which leap f m the mountains OF my
bie state suppose the innocent little children do suffer
in es;aei sun ring Is consequence Of crime There
is an authority upon this point hoe the Vent etien
upon the other side will recognize and be comf1rted
thereby II Is older aud higher than Blackstone or
Mansfield OF Marshal NJ story more potent than the
edct Of Nugs or the ludsmento courts II is the
thority ~ God himself says % those who rebel
gainst His government and bow down to serve other
gods
Of Tire fah-rs upon children gyn-
sands them love me- and Eeep ny eo@na5dmens"
50 much. sir, in regard To forfeiture. sir. / do not
wish 10 be uisuudfrstood have taken the ground that
as ne night Of secession does not exist no state can take
itself VI the Union either by ordinance Of
passed IN consenuon or by the uprising Of The people IN
rebellion such, as understand, is the position taken
by the gentleman from Kentucky, who addressed the
House IA lAborcd ard polished argument lev days
since upon Join, f,s lutaus introduced by him,
aud san undsposed Of While ad uired the Argument
Of tie accomplished gentleman as tasteful and fepee
with the suUue fchaemenr uf The schools, / cannot
Logical
II understood the honorable gentleman he contend
ed that a slate cannot eccCde ] agree with him. Hc
then cunieuded that DO smurh a. state cannot socedc
she may any ume although she Is de tac0 md dc
Jurc uu u the Union, con back INTO the Au ily u
otatca W,th her Old c0us-ituu "a and institutions, a
that Congress bound 90 receive her Upon thi, point
take issue with tue gentleman from kentucky. ihis
may not be The time 10 discuss This question. When
tue sltj ject
Sir there is no one upon This aoor who doprecatcs
ts Il uhsuu hal fd VI g
% nl one Who desires pea mere than d but sif,
that peace must be an houorablc peace aud based
principles consohan. with the lu tsu, the honor and
the pufposcs u tlcc Grrciigtht Slavery caused the
var aud It is project II uat The war continued by
the rebels. When the Cunsu uu5h eas framed ala en-
eNSted inheHieu IRON Qua molh, "hV no" n ~ lay OF
uia claims 10 stan Nlth folded arms Indifferent
sp ciator OF upon th4 Issue u which depends the
progress ei ShIstlah c,NlA4u9h more intimately lhan
upon any all the conflicts and stuggcsu of a the
ures Our fathers supposed that tins great evil would
gradually neil asHy betuTt an advancing cNiuzton as
the OF northern winter before the geniH RAYS u
an Apul sun b. the eNi g'ew. Asences arose which
imulafed H. until it became monster whose tread
made the continent shake The n,tntion OF the cot
ton gn Stimulus 20 the production OF cotton, and
the production OF this itang staple Of the world uereas
ed The demand Tor labor Nj aborers," he
cry, aud whole states Virginia tie mother u PItsi-
dents leading the rest gave themselves 10 supplying the
market " aore lai was m cry and Texas was
thrown to the iusatabe leech. The free Norh stood
back aghast this crowned and unclean lepcf, under
the claimed sanction oi lhe Consutuuon marched TO It's
domain. lhe institution which our fathers had look
upon as an evil had become divue IL occupied the
btnch IL controlled the admnisra0h, it struck down
Senators In the as of Congress il caoled and hatter
ed and threatened and iea, ul its all ab Orbiug
swa0wed CongIcs, itself The intelligence and moral
Of the nation against H. The wealth OF the
nation against IL lie popular vote Of the nation,
when uncontrolled By demagogues and d0ughfaces,
against it, In Gods good time the people, seeing that
the administration OF their Government cheat
in their majesty The weak aud plant buchanan,
the p ring Floyd, the cultured but uauTous Davis,
we're hurled iro power. aud honest man the nobest
of God, placed in the presden ial chair The prop
sPaudists Of slavery like their great prototypes, deem
ing it stter rule in he'll than heaven rebel
led 10 them alone belongs the responsibility 10 them
alone attaches the consequences Of theif awful crime
The gentlemen upon The other side, IN words whose
persuasive might almost raise MORALS to the
tkes bring angels down. call for peace and the Tes0
ration Of the Union Sir, let them restore The
crumhl walls Of Sumter turmouncd by starry ban
ners let them call from It's depth the surface OF The
James, The Cumberland and her gallant who went
down nth their proud hAg sill flying lei them reyiyy
the scores Of thousands whose yT foms consecrae
the hundred battle Of this contest aud ~hose blood
has given our land m h0est baptism TO freedom hence
forth forever let them give back Winthrop and
Lyon and Stevens and keatney and richardson aud e-
no and the comrades whl with them sleep their last
sleep and have fought their last battle - let them
mon back Seuate Halls the modeting dust that
once was Baker the noble heart ana eloquent tongue
now siied foreveri let III, m huh the gref that nils
aud for the loss Of those whl died that county
might livs-gfef that proudly mourns and asks sym
hearts let them rebuke the