The Iowa transcript. (Toledo, Tama County, Iowa) 1858-1866, 1865-04-27
For the Boston Investigator.
The Law Of Treason.

For the Boston Investigator.
The Law OF Treason.
Mr.. EDITOR: There seems to be gen
eral opinion ,ha, the meaning Of the
third section Of Article Three Of the
Constitution, denies the Constitutional
right Of the Government to con6scate
the property Of the rebels. Although l
msy not be Constit u,ional lawyer. yet
I have an opinion upon the subject
The article in question il copy OF the
English Law upon thatreuhject. and |
think it would be a good thing TO give
the pubic all the informa'ions possible,
for the time is drawing near when the
matter will affect the people seriously,
esp. c;ally il their pockets. II it is a
fact that the.propcrty of traitors ca""o'
be con6sca,ed only during their lives,
then it is clear there will be few to buy
and those few pay but little.
Let us examine the meaning Of this
section and if dsconvey:any moan
inv at MI, it is clear to my dull com
prchension, that not only can the Pre-.
perty Of tho traitors he confiscated,
hut his heirs do suffer to some extent.
The section in question reads thus :
uBut no at,aindcr of treason s-kall
work corruption OF blood, or forfeiture
except during the life Of the person at
tainted"
BY "corrup'ion Of blood" we under.
stand tha, his children are traitors in
the eye of The law. But is this the
true meaning Of the sentence:-We
will read the article again, connecting
the first with the latter part ofthe sen.
tence. thus:-
"But no aitainder Of treason shall
work corruption Of ::s'lood, except dur.
ing the life Of the person attained-or
f,rfei,ure, except during the life OF the
person 2ttaMsed.
This seems 80 me 10 be the true intent
of the word, besides it is consistent
The idea that the posterity Of traitor
shonld 60 free from punishment. is ab
horrent to my idea Of justice. To say
that the children Of a traitor are free
from ecr,up,ior, is to say..that the laws
of n .,ure MAKE exceptions in this pn
ticular case. do not say that the,
should be all hung with their guilty
father ; that might be said to be uncon,
s,i,u,ioaal; bn', as before said, they arr
to be held guilty during his life, and
that is short time enough If he suffers
as he should.
There i another consideration why
his children should be deemed guilty
When m IN contempla,es:treason, ht
should disknc,ly nndra and 4hx1 he
not only is liable to great punishment
himself, but he brings dishonor, power,
tv and infsmy to his whole family, and
for time, at least, .hcy are ou'easts
upon the world. F,.w men with this
prospect before thsm, would becom,
traitors
The word aforf;.iture" what DO W.
understand by this worl: Some think
It means that the isrore<ty OF t1ae 'rai
tor cannot be conf seated only during
his life, hut / do not understand it 40,
as the sentence reads. l understand
that his children only are affected, and
that their corruption Of blood, OF
forfeiture, exists during the ,ifc of the
person attainted, AMI really this is little
enough. especially if he is hung. bn:
should the traitor be imprisoned, o.
basished. it may give them time to re
pent aud become good citizens.
We tius see that the second para
graph referred to has reference solely
W UCSCCHOAuie VI lHC t0ilo'SS ouA wv
to the property Of the traitor; his pro
petty is not the property ofhis children
only prospectively, ard if he should
sauander it in any way, whi:h seme de
sven by gambling, the heirs receive
aothing, it is lost to them and what il
treason but i game where the traitor
stakes his life, his honor, and every
thing, including property? Congress
would be as much justified in restoring
property 10 the heirs Of . man who
lost it W gambling, betting, horse
racing. Or any other means, as to thini,
Of restoring it to the children Of trai
tor.
In the progress Of the rebellion, tn.
property OF traitors is burned, or other
wise destroyed. Il this 70 be paid for
II the section means, as some contend
for, then We will have q good bill L
foot, ana it certainly is the worst kline