Daily national Republican. [volume] (Washington, D.C.) 1862-1866, 1864-01-21

for the punishment Of supposed crimes which
had. bosn committed before the acts worc
passod.
The clause prohibiting Congress from passing
any ca post fdeto law would Doubtless have pre-
vented their passing any bill of attainder; but
this prohibition was inserted from greater eau
tion, and to prevent the exercise Of construC.
tive powers against political offenders. No
usurpation OF authority In the worst days OF
Engllsh tyransy was more detested by the
trainers OF our Constitution than that which
attempted to rlae over the rights OF Engllshmen
TO crafty royal revenge against the friends OF
free government.
Hence in that respect they shut down the
gate upon this sovereign power Of government.
They forbade any punishment, under any form,
for crime not against some standing law, which
had been enacted before the time Of Its com
mission. They prevented Congress from pass.
ing any attainder laws, whereby the accused
might be deprived OF his life, or his estate, or
both, without trial by jury, and by his political
enemicsi and whereby also his relatives world
'uner equally with himself.
ATTAtNDERs IN TuK COLONIES AND STATES.
Bills In the nature of bills of attainder were
familiar to our ancestors In most Of the colo
nies and in the States which subsequently,
formed the Union. And several OF these acts
of auainder have been pronounced valid by the
highest courts in these States. By the act Of
the State of New York, October 90, l7Tp, the
real and personal property OF persons adherinR
10 the enemy was forfeited to the State; anc
this act has been held valid Isleight vs.. Kane,
Johns. Cas-. 23G, decided in April, 1901 |, and
proceedings under acts OF attalnder were, as
the court held, to be construed according to
the rules In cases Of attainder. and not by the
ordinary course of judicial proceedings Jack
son VS.. Sands, . Johns. 26G1; and these laws
applied to persons who were dead at the time
OF the proceedings. jackson vs.. Stokes, 81
Johns. Isl
"Bllls OF attainder," says the learned nudge.
Gin Johnson's Cases. "have always been
construed in this respect with more latitude
than ordinary judicial proceedings, for the pur.
pose OF giving them more certain effect, and
that the Intent Of the Legislature may prevail ;"
" They are extraordinary acts Of Sovereignty,
founded on public policy tFoster, sS, sal and
the peace Of the community" "The attainted
person, says Sir Matthew Hale, "is guIlty Of
the execrable murder Of the king" The act Of
New York, October 22, l7T9, attainted, among
others, Thomas Jones Of the offence Of adher.
ing to the enemies of the State. This was a
specific offence, and was not declared or under
stood TO amount to treason, because many OF |
the persons attaInted had never owed allegiance
TO the staic.-lJacksonv vs.. Catlln, 9 johns. X. |
96O.1
Bills Of attalnder were passed not only in |
New York, hut In several other colonies and |
states, infictlng the penalties Of attainder for |
other crimes than treason, actual or construc- |
IiVe. And the harsh operation of such lavs.
their injustice, and their liability to be abused
in times OF public excitement, were understood |
ny those who laid the foundations of this gov
eminent too well TO p.rmit them TO disregard
me dangers which they sought to avert, by de.
priylng Congress, as well as the several State.
oi all power to enact such cruel statutes,
IL bills OF attainder had been passed only for
The punishment Of treason, In the sense of
making war upon the Government, or aiding
Ihe enemy, they would have been less odious
ana less dangerous; but the regiment of crime,
which seryile Parllaments had enrolled under
me title OF treason" had become so forml.
laoie, and the brutality of the civil contests In
England had been so shocking. that n nss
hought unsafe TO trust any government with ,
he arbitrary and irresponsible power of con.
Iemhlng by statute large classes of their on.
'onents to death and destruction for that which
'nly want OF success had made a crime,
BILLS OF ATTAISDER, now REcoGNIzBp.
Inc consequences of attainder to the estate
II the party convicted will be more fully stated
lcreaitcr; but II Is essential to observe that
mere are certain characteristics which distin.
iatutes.
!. They always inhict the penalty Of death 1
poh the offender, or Of outlawrv. which is |
quivalcmt TO death.
They arc always 81 pos fuctV laws, Jciug
Assed after the crime was committed which
hey are to punish.
.. They never allow the guilt or innocence
fthepersons attalnted to he ascertuincd by trial,
ut the guilt is attributed to them by act Of
Erliament
I. They always inflicted certain penalties.
mong which were corruption Of blood and
lrielturc of estate. The essence of attaindcr
'as IN corruption Of blood, and without the
orruption of blood no person was by the Eng.
sh law attanted.
Mess law of Congress shall contain these
Dur characterlsties-penaty Of death, or out
lWry, corruption Of blood, and the legislative.
ot Judicial, COmdcmnation-embodl In a
Iw passed aitcf the commission Of the crime
Hccks TO punish, 1t is not a Till Of attalnder
nder the sense of the Constitution.
TO NE CONTINUED ,