, 1865-06-07
Nt)tfQqG Grtbntle.



COnFlscATsON.
Tie CopfiscatioD law was cnac'cd under =
misapprrhcnslon of history and miscon-
stIuct;on OF the Constitution. ihe clause OF
the Constitution which declares that 'tno at-
taipdtr Of treason shall work corruption Of
blpsd or forfeiture except during the life Of
The person attaintcd," was understood By
President Lincoln to mean that no confisca-
ton of tho real eedte Of trai'o!s could con-
tinue lcrccr than tbtir respective lives; that
ts, If prison should be convicted Of treason
srd sentenced 10 be hanged By the neck and
and to have hls property confscatsd, the con-
f5scation vousd be operative only b.
tween the day Of his sentence and the
day OF Lis execution. As Judge Cal
lamer .ersc,y expressed 1t .'the conascation
Is only as long as the rope which hangs
him" This manifest absutdity led dis
tingujshed jurist in Albany, whose name we
have forgotten, to look into the History of
attaIndcr Of treason, aud to trace the ideas
prevalent In England on this subject to their
cxcmpllfIcation In the Constitution Of the
United States. He asccrtaincd that IL was
customary, in the civil wars Of England, tor
tie successful party to attaiut the blood
snd cohdscate the property OF persons
who had leea Killed in battle, and others
"Io oau o'eo nasu5a' oeaIt. long belare the
ph's o. 8tta:haer were passed. lie published
pamphlet presenting an unapsEcrable ar
Eument 10 thow that The trainers Of the Con.
stitutiou intended merely to psohis;t this un-
just ard a1hor1ent practice Of Rttainting aod
condscatirg after the ALLEGED t.at.o: had
ceased TO exist, and TINT the clause should
be lead a. follows:
~, no sftstpter or treascn shall work corruptiou
mrson stia,nted" )" '''St' 'a'''3ss 1e sae o' Ing
Numc.ous instances xe,e r,t.a IN IL, ,st..
,ature or tic prriod yberr The word t,evcent,,
wss nsed fir the 7rori7 s.nn,eea 80 for, H.
.t-,on ~, p;t,;,., 80 ~
hc hov,, acn,, H.. a,.,so. -se.. E:. LAY
God ~ Mrrc.,,t =. - nen, ~ s,,a,, -, S,. M y.
perish ':-vl.gc modern ,,aa "a ,,,,a 49, IT,
1hevo.d ,o,1,sk. This }n,er1re+at{on aaa,sas
10 our constitution. von1d rcon;rs ~ r. 49,
de,stand It as mcre1v n,ob.ni,;no contsea ~
tteu af1cr 1te death of tbe tra5to~ snd ~
rro,ih,,inr conf,scat,nn ahsn,rtc,~ ;rsas.ses ~
during tho Lii. Of the ;na,v,nn.l n 49,
light Of th;s Interpretation other d1ff,cutt,.s
and sbss.dities in The clause d,sannear ria
no longer pccessa.yt To mike c,rccd a;st,,,
ton between real and nersonal nronsr+v r.
cordsca1ion cun o,1v sphs1st d,,r,u. ~ ,;e..
time of thc traitor thc etans;nr nrons H..
ett ck. ntusthn1d ntenss,s 1norev otasos ~ ~
action. and everything e,s,. H. NOV S Ss-a -
must be ,ctn,n,d bv tbe ,,ora,,,m.nt =. ~
lawful heirs At hin dcath wb,c, l., r,.n. =.
ses Tcu1d be ,mnos,Ihle mi ir rio o.,o,
rendering Of 1bp r,ansc he sccsnt,d :. e. ~.
lopre, NECESSARY u make mn arh;,-.rr AZ
t.nctlon by dt tc1nrtnp tha, The ners,noI ,,r,,,
eriy NAV ua taken In prrpatuitr hit tte ,.s,i
estate must be- giyen back TO the he1-s NJ The
t1ai.or.
The conflssaticu law was enacted abont the
closc Of the ssea;ou of 1862. In fts o,;r,r.1
form 1t proposed absolute conusca.ioo. The
preeIdenf, however. reousrcd Concress tn IA "a
an explanatory resolution, emb,arine tis
views concerning ule estate and real estate
Ms condition Of his signing the bill. The
explanatory resolution DURAN the lancuage
OF the constitution considerably, and tn nacs.d
that no proceedings should operate upau the
real estate Of The offender beyond his natu-
1al llfe"-tle word "beyond" being substitu
led for the words 't except during" and the
phrase "rcal cEtatG" being thrust in without
any warrant whatever. The pamphlet to
which VIC have referred had marked ipffu-
cncc upon Congress, as we'll as upon gundry
gentlemen occunvinr ,ua,c.,t .t.,;ons T.
fhc snccoraioc <.ss;n., :. .,;.1 80 ...sss.1
in the Home to .cpral the .roi,nsfnrs ,cso.
luton. eescral learned epeecnes were mad,
In which the Arguments Of the ALBANY
pamphlet were faithfully reproduced. and
finally the repeating bill WAS passed by The
House. H. failed In the Senate, We believe
1t rus never brought to vote there. Hence
the csntEcation law remains On tho statute
book in tbe ippled condition above gated
a rexation fo,n tn thnte xbo c.,n orcna.+r