Delaware State journal and statesman., 1864-02-02

o'Vou W anJ htif OF tue person uUhiuteu
that the legal effect Of conviction for treason NJ
der the law of England was, first, to forfeit a
the property, real aud personal Of the perso
atainted, and, secondly, to corrupt his BLOOD
destroy its heritable quality, so that he coul
neither take land by descent himself, nor trans
INIT herltable blood to the persons who would
out for his attainder, have been his heirs. HI
oouiu' IN the language Of the law, neither b'
heir nor have heirs.
Now, suppose the father of any person attaint
ed Tor treason died the day after the execution,
owing lands, they could not pass to the traitors
sou, nor 10 any collateral relation claiming by
descent through him, because the operation Of
the Judgment, besides forieitiDg the land owned
by the party in his lifetime, had corrupted his
oiooui ana no ono could trace descent through
MN. lie was a bar, cutting off the relationship
between grandfather and grandson. Land which
mouiu nave come to the grandson If the father
hHu not seen person attainted, instead Of going
70 the heir, was arrested in its transit to ,HW
helr by the corruption of blood. and passed iA7th
or To the lord Of the fee or to the king.
80 that the Constitution deals merely with car.
ruphon OF blood aud its operation. There shatt
be no cUrfnption of blood or forfeiture worked
By attaindsr except during the lie of the per-
son Attalnder worked no forfeiture after the |
death OF the party, except by the corruption of
hlOou' The forfeiture of fee simple estate was |
not a forfeiture after the life of the party the
Whoe Zee was in the person attainted, his heirs
had no interest in it. and 10 lawyer would ever
dream of describing forfeiture for life by the
words of the Constitution, or describe the for
IeltGre OF fee-smple estate, as a forfeiture
worked by attainder after the life of the party
II II was one the settled laws of England at that
'' ''N Nhoh also prevailed in some of the
','s1 " mus Union, that the corruption of blood
u'ui what the gentleman from Ohio 60 properlv | c
execrates, operate upon innocent persons with d
reference to their rights coming from different
source after the criminal had expiated his crime
WOW, Mtnous meaning to say positively that that v
ls the meaning and operation of the section. [ '
say that in my judgment it comes nearer an in I
1eilglble exposition of it than any such theory 0
as lhis, that you cannot take lands in fee but II
you may take all his personal property abso- v
lntely which was the ground of the President's q
ulreateheu veto OF last year that you eau fine o.
man 10 the extent OF his estate, but you can P
not take his lands to pay the fine Aud being Il
enintelllgioie, with all respect TO our recent N
friends, ihey driven to say that In the nun. III
lshment OF treason the Constitution has been CO
guilty OF this intolerabe folly that for robbine OF
he man. or Piracy, for any ordinary offense or ca
murder on the seas or 10 the Army or Navy for III
any olher crime, Congress may prescribe what au
punishment they please take tho land in fee oy
in lheir sense make forfeiture after death but tt
III proVlung Tor the punishment of treason, the OF
greatest crime, the most dangerous crime II has so
leeDly attempted to protect Innocent offspring 81
oJ saving the lands Of the convict, but leaving oe
us lie aod all mis- personal property at the mer- ~
,y Of the law that it has been guilty Of sane. en
lon'ng the unrepublican discrimination between dl'
'eal ana personal property, and adopting the
'rlstooralic idea that land was somethine TINT
must not be taken, out preserved for the heir. TO
III me down to him by perpetual constitutional Lin
ntali' Aud this anti-repubiican view is urged tue
let'er us in Oreaking the power of On ariso- Is
rN'e reoehion founded ON land in large bodies reg
hu on negroes. Were there no other objection thu
ms, that simple Tedacto a1 QJsurdam lislos the
of the argument rha
Dut Mr.. Spea er, the question here, rs bave to
lld, Is not, what forfeiture does il allow An ly
tainder TO work, but does it declare TINT no int,
'ueiture' that no ccnRscation under any pro- voll
ess Oh law shall affect land for longer period the
ian the life OF the owner! Does it apply to fac
ny case where there is no attander, no con- fasc
ction ? tbr,
The law of the last Congress prescribed diff. clos
rent process from conviction in court of law fede
the person guilty of the crime. 1t provides in Il
at upon proceedings in the district cuort in The Lin,
iturs 81 proceedings IN qdmiralfy the lands of AHA
rtain classes of persons, and ali their personal tha
operly, shall be forfeited for the use Of the aga
OveTnment. eS.r
And the Constitution provides that the proper tele
oil citizens shall not be taken without due pro- Rus
IS OF law Now, the question which gentle 1T
en- on the other side of the House have to ar. abro
ooess in the district courts of the United States WhiC
conhscate the property Of persons proved to tenn
OF the specified classes is due process of latg the
dePriving man Of property under he Con- cont
luton II they cannot maintain that it is not arms
. process OF low within the meaning Of the inhu
institution they cannot throw the least doubt on Il
the eonstAuonality Of this mode of proce the /
re. temp
II this were new question, possibly there OF E
sht be room for argument But from the first With
down to this day there has never
n a. day in which, the statute books of the the a
lied states, exuctly this process 10 forfeit thoug
perty for crime without first convcting the N
ner Oh ndictment has not been described. - searG
g law Of l199, among the first of the reveaue b. ~
8, forfeited properly brought in under fr &ttf 4a
eat Invoices without proceeding against tlAf W v
iyiduai personally; aud ali the revenue lad ~
that daJ to THIS enforce these provisions hft
eitures aud proceedings ia rem s1h
he navigation laws of the United States. s4 X
earliest days ol the Republic, infct forfoi & AHi =
10 t1e district court Oh proceedings aga ia n l h
vessel for violation of those laws withdate Y Dir
scouting the owner, though liable to indict Of va
It. Who ever heard that vessel could not their
orieited unless the master or owner were valur
cited, or until after they had been in create
edY Our laws regulating trade with The In. armie
IS make it penal to carry ardent spirits their
ng them, and they punish the persons guilty Pre-
toyet the property by process in ren, in the Of syl
Iiot court. Is that uncons iut0nnl? with {
be law for the suppression of the slave trade which
es the parties violating it guilty of piracy, peak
they liable either to be hung or confined the fc
io penitentary, according the grade of the Enga
ise. But yet the vessels caught are ALWAYS prusp,
,ited, whether owner or master Or pros,out DAVIS
OF. Was it ever heard that the person must patiou
onvicted of the crime before the vessel could The
orfeited in the district courtl These THINGS ner III
Of every day practice, every gentleman at There
amiliar with the ordinary admins ration Of been
laws of the United States knows In word. South
Dtment and conviction OF the person is not hope
Inly due process of law by which a person depun,
be deprived of his properly. The daily be gln
ess OF levying taxes prove that And Con. he is is
$ has pleased TO authorize confscaton with be is u
but in the tme-honored forms of has me
Barly Republic. human
ld another species Of property about which take tn
lemen on the other side oil the House usually Ii,
interest Than about lands-property in ne among
s-atfords more striking illustration We to see
in that case the same principle OF conhscat slaves,
property before conviction Of the delinquent that n
ed by the laws of Maryland aud OF Virginia, must "a
ted by Congress rs the laws in the two made /
ties Of the District of Columbia, from the ference
est days of the Republic down TO the day on Ameiie
h am speaking. The law of Virginia pressin
as far back as the days Of Jefferson 1t carried
ibted the introduction Of slaves into Vir- never a
from any other State and from foreign in the
rics and while it prescribed the penalty clarcs
party so introducing them It also declar- nation
Q slave free. The gentlemen from Mary Guiding
here know very well that was the law of br,be Il
land down to within few years and, in by the
cases, it is so now. When Congress adopt that 90