Green-Mountain freeman. [volume] (Montpelier, Vt.) 1844-1884, 1864-02-16

correct, il can only loreit lie interest," -
practical man this is rather absurd
The greet difficulty, however, upon the OIL
AIDE OF The House Seems TO res, 10 The fila
Nun. Under this aeoliOn The forfeiture Is not e.
penalty for the crime Of treason nasmuch az
action does not provide for conviction Of r. 4
son, and without conviction thsrt can be no put /
.hmen.. Ii merely provides for the SEIZURE VI
the estate Of certain persona who, as citizens n
the Unsd tatst, hsve assumed to lhfow od
their allegiance TO the Government, and by fote'
OF arnt ssek to destroy it.
Il thn seizure lawful In my judgment IN
der Ill the circumstances, i Is ~ natural hr,
which is iAs only lav by which isdivd1al rshs
are governed before men form themselves INTO
organized societies, there is no such thng az me
right Of property in real estate person can
only own and enjoy what he occupies, and hehce
be j. under the protection Of no law except inc
law Of force. When, for the sake o. mutual
protection, men form themselves INTO socleue' ana
organized governments those ualural rights are
abandoned, and obligation to Government IS as
sumed and protection from Government guarsn'
teed, both as to person and property. When our
Constitution was established it was not doEe by
States IS such. Its preamble is, We, the peo-
ple Of the United States. in order to form more
perfect Union. establish Justice, insure domestic
tranquility, provide FIR the common defense' pro-
mote the general welfare, and secure lhe olessIlgs
Of liberty TO ourselves aud our posierIy, 40 or
dan and as!absH this Constitution forthe Unlted
States Of America Now under this ConSiitu'
ton and the Government based upon II, what
we're the rights and duties Of the citizen, ana what
the power and duty Of the Government Inc
duty Of the citizen was allegiance, aud upon the
performance Of that duty rested his right TO pro-
lection. Tie duty Of the Government was to
extend to the citizen protection both 70 person
and property, and that obligation vas only I'M
posed by virtue Of The allegiance Of the citizen.
The duty Of tho Government and the oolg ton
of the citizen are mutuaL Whenever the citizen
dregards BIZ, obligation, throws off his allegiance,
and thrusts The tsslssn's dagger ct the heart OF
the Government he not only commits the high
&c. crime, but forever absol7es the Government
from the duty of extending It's protection ether
To bic person or property.
The rebels in arms are in tins position. lhey
have broken the compact, and ii is the night and
duty of Congress to authorize the seizure oil theli
persons and property--to restrain their persons
! ADD to appropriate their property, not as Tor
FIXTURE for treason per Sc, but as an exercise Of
luz. and soversign power over a rebellious sub
ect and this 10 accordance with paramount law
Heuse, in my Judgment, the eonhscaion act cal
be administered without involving he great con
sGtutiona question about which We have heard SC
3 much said and read respecting tn. forfeiture il
: fee Of rea! estate upon an aIlaHder Of treason
. As have before sid, there is no such thlnt
snovn 10 our law as an attainl By the common
ta1ft "a M
: and Judgment Of TREASON. IN this country Con
gfess dstsrmu-s what constitutes the crime 0
treason and declares what if. punishment shs
} be. There are no attendant effects 10 the lude
y ment beyond the prescribed penalty. There
D neither corruption Of blood nor iorieltre. =
u Whether Congrts, as a punishment for treaso
. can forfe. the real estate Of the offender in fee
/ another question. The authority quoted from
o one of the articles Of Mr.. Madison, 10 the Fec
y ,ralis doc. not settle the point either way.
D merely asserts that Congress is restrained in pur
- shug treason from extending The con'equenc'
70 Of guilt beyond the person Of IL author or i
y, , other words, that punishment tor treason doe
y not work corruption Of blood, or forfeiture
&c n,ertsts in prop rty, except SO far as those nte
y ess pertain to III, per'on Of The offender. NJ
u Ju,tic. Story-whose memory hold in the pr
foundest reverence seems to 30 further aaI b
!" LANGUAGE would naturally enough indicate that,
no uunshmsnt for treason, there car be no foriei
al ufe Of estate beyond the life Of the offender.
't have ever admired the ufidlcal scholarship
CO Mr.. Justice Story, and been accustomed to rece
q his opinions with the greatest respect. Il howe
n' er, bio reasoning upon this sabjeot-whleh, to 81
~ the least, is somewhat deSultory and urstliIfact
p ry-wil only bear the construction which 4
gentleman upon the a.her SIDE give il, must vi
on great humility Disagree with the learned c9I
'i msntator
rs The Constitution is to be construed in accor
all ssce with the intention Of is trainers, aud Il
sa intention may be determined to some extent
al an examination of history coulemporaneous VI
le. the adoption Of the Constitution. Our faith,
OF we're striking out upon asysItm entirely dill
{" ent, in most respects from that of EngIar
'u' They had seen the effect Of bills of aualnd
M and hence wisely provided that no bills Of
me tand.r or .r post facto laws should be passed
oil Congress. They had seen the effect Of attainC
me Of tre.son under the common law, whereby C
rup,ion of blood was worked and inherta
ION Qualities destroyed Hence they provided q
'Bs upon an at.alnder Of treason, there should be
OF corruption Of blood. They had zen interests
OF The realty absolutely vested N The innocent
ige .cendani forever taken in fee upon the attalnt
re- of The ancestor. Estates in England were h'
re generally by virtue Of feudal grants from
Crown, aud each tenant held only life esta
not and hence corruption Of blood wes Necessary,
ala a consequence Of an atl.nlcr Of treason, to
,troy the entail and reyest The title in the Grow
hef Otherwise tn. heir would inherit, Tor IN entail
70 estates there is az interest IN fsse IN the rema
re- der man during the lite Of an ancestor; an int
'n', EST that may be legally ercumbered by way
tns mortgage.
ny In This country at the time Of the Reyolut
enI and the adoption of the Constitution, entaied
sed tales abounded, and the Constitution leaves
me wholly to the several States to regulate the
6el' scent OF property and TO allow or prohibi,
tail, and they now exist, probably in large Mt
az ber., in the States, limited by law to terms
'Id' years, or the lives Of persons in being when CT
the led but still entailed estates where one per'
ha, the life interest and smother the remand
De- and the Constitution undoubtedly provides aga
ged legislation which shall deprive innocent pers
1t OF their legal rights IN tsse fer the crime of
jWe ancestor through the doctrine OF corruption
OF blood Sut memo est hdres pipentls and beca
ne the conviction Of the tenant in tail shall
OF work injury TO the remainder man through
tsll- ruplon Of blood can it be said that treason
ted. not be punished BY depriving the convicted
hon ,on of ih., property which belong, solely to /
nev' to which no one else dlring bis lite has any |,
10 claim, and that he i, to be permitted before
con mounts the scahold to dispose Of it for the
aon, thsance Of the very cause for engaging in wi
rsOy we depr,. him Of liz. Could the fathers
hsrt era,rly discussed thi, question OF forfeiture
a fee inserted in the Constitution the mere aha
med without particle Of substance ? Did they n
i IN that for tho highest crime known 10 the law