The Manchester journal. [volume] (Manchester, Vt.) 1861-current, 1864-02-23

+
and hai was tie power and duiy Of
the Government The duty of the
citizen was allegiance, and upon the
+ performance of that duiy rested bis
right to protection. The duty of the
Government WAS to extend 10 the cit
I izen protection both 10 person and
+ property, and thal obligation Was only
imposed By virtue Of the allegiance OF
the citizen. The duty Of The Gov
ernmeni and theobligaiion Of the cit
4 izen are mutual. Whenever the chi.
zen di.regards IL obligation, throws
of his allegiance, AID thrusts the as
sassins dagger At the heart Of ihe
Government, be moi only commits the
highest crime, but forever absolves the
/ Government from the dpy Of extend.
! Ing its protection either 70 his person
or property.
The rebels in arms are 10 this po-
sitioa. They have broken the com
/ pact, and il is the right and duty Of
Congress to aulbotze tie seizure Of
their persons and properly--to re-
strain their persons ami to appropri-
ate their property, not as q forfeiture
for treason per Sc, bat as an exercise
Of a just and sovereign power over a
rebellious subject aod this in accord
ance with paramount law Hence IN
my Judgment, the coHhseaiion ael can
be administered without involving the
greal constitutional question about
which we have heard so much said
and read respecting the forfeiture in
fee OF real estate upon an altaiuder of
treason. As have before said there
is no such thing known 10 our law as
an attaint. BY the common law at
taint was necessary incident TO con-
viction and judgment OF treason. In
this country Congress determines what
constitutes the crime OF treason, and
declares what its punishment shall be.
There are no attendant effects 10 the
judgment beyond the prescribed pen
atty. There is neither corruption Of
blood nor forfeiture. Whether Con-
gress as a punishment for treason can
forfeit the real estate Of the offender
in fee is another question. The au-
thority quoted from one Of the arli-
cles OF Mr.. Madison, in the Federal
ist, does not settle the point either
way. II merely asserts that Congress
is restrained IN furnishing treason from
exte ding tie consequences of guilt
beyond the person OF its author; or.
ia V'issr -,erd4 that pun 'ot'mem for
treason does not work corruption Of
blood, or forfeiture OF interests il prop
eriy, except 50 far as those interests
I pertain 20 The person Of tie o4eader.
Mr.. Sosiice Story--whose memory /
hold in The proioundest reverence
seems TO 90 further; and his language
would naturally enough indicate that
as punishment ior treason, there can
be no forfeiture Of estate beyond the
life Of the offender. have evet adj
mired the juridical scholarship Of Mr.
Justice Story, and been accustomed 10
receive his opinions with the greatest
respect IT. however, his reasoning
upon tlis suhjpct--which, 10 say the
least, is somewhat dtsultory and un-
satisiaclory--will only bear the con-
slruction which tie gentlemen upon
the other side give il, | must with
great humility disagree with the
learned commentator.
The Constitution is "a be construed
in accordance with the intention Of
its trainers, and that intention may be
determined TO some extent by an ex-
animation Of history contemporaries
Gus with tbs adoption Of the Constitu-
ton. Our fathers were striking out
upon system entirely different, in
most respects, from that Of England.
/ They bad seen he effects OF bills Of
attainder, and hence wisely provided
| that no bills Of aiiaiuder or cr post
tacto laws should be passed ii Con-
gress. They had seen the effect OF
attainder d treason under the COM
mon law, whereby corruption Of blood
was worked and nheritable qualities
destroyed. Hence they provided that
upon an aitaiader Of treason there
should be no corruption o. blood. =
They lad seen interests in the realty,
absotutey rested IN Me innocent deseea-
dant. forever taken in fee upon the
attainder Of the ancestor. Estates in
England were held generally BY yir-
tue Of fudal grants from the Crown,
and each tenant held only life estate,
and hence corruption Of blood was ne
cessary, as a consequence Of an at
lainder Of treason,.io destroy the en-
tail, and retest the fitle in the Crown.
Otherwise the heir would inherit, for
in ensailed estates there il an interest
ia esSe in The remainder-man during
the life Of an ancestor an interest
that may be legally eneumbered by
way Of mortgage.
In tins country al the time OF the
Revolution and the adoption Of the
Constitution, entailcd estates abound
cd, and tie Constitution leaves Il Who'll
" to the several States TO regulate the
descent Of property and to allow OF
prohibit entails and they now exist,
probably IN large numbers, in the
States. limited by law 10 terms oi
years, or the lives of persons 10 being
when created bot slii entailed es-
tales. where one person has the life