The West Virginia journal. [volume] (Charleston, W. Va.) 1864-1877, 1865-06-07
From the Cincinnati Gazette.
Constitutional Law Of Treason

the punishment Of treason, but no at.
tainder of treason shall work corruption
Of blood or forfeiture except during the
life Of the person attainted.-[ Art. ILL.,,
sec. 3, clause 2, U. S. Constitution.
To construe tho above clause to apply
to all cases Of conviction and sentence
for treason manifcstly leads to absurdity.
1t has never been denied that the law
has power to eon6scate or forfeit the
property, both real and personal, Of any
convict, it mutters not how low the grade
Of crime. Our Courts do daily and
hourly seize, for the payment Of fines,
and ALLEVIATE forever from the convict
and his heirs, real property yet, accord
ing to this generally received construc.
ton, powers are denied to both the lcgis.
lative and judicial departments of the
Government, in punishment Of the high.
est crime known to the law, that our
Courts have always exercised in the pun
isbment of the crime of petty larceny.
From the very constitution Of the
crime Of treason, forfeiture of estate
must necessarily be part Of the judg-
mcnt or sentence upon conviction, for
the plain reason that the crime is an
abrogation of the social compact between
the citizens and the Government, and is
therefore forfeiture of the right to hold
and transmit to others property or estate,
which right springs out Of the social COM
pact. Therefore forfeiture Of. estate or
property must be necessarily q part of
tie sentence following conviction Of trca-
son. Now, admitting the view above re-
lerrcd to to be correct, our Courts are
compelled to enact the solemn farce Of
declaring a forfeiture in the sentence,
and taking it back in the execution,
which only can give the sentence any
force or vitality. It is simply making
the same judicial act do and undo the
same lhins-makins one part Of the act
neutralize and negative the other.
Assuming the restriction in the con.
sti,utional clause to apply to all sen.
tenccs for treason, the whole matter is
reduced to these sbsurditics:
First-That the Legislative and judicial
departments Of the Government arc de-
prived, in the punishment Of treason
the highest crime known to the law-of
forfeiture Of real estate; (Which power,
says Blackstone, ARISES out Of the ma.
turc Of the crime, and is founded on
natural Justice because he who commits
treason has broken his compact between
the Government and people, and has
forfeited the rights Of said compact" the
principal Of which is the right to hold
and transmit property to others, "A
power which is freely and constantly
used by our Courts in the punishment
Of the smallest crimes.
Secoud-That in the act Of Furnishing
treason, the sentence ordains mode of
punishment which the execution annuls.
The judicial act is mode partially des.
tructive Of itself. The convict's estate
is forfeited by the sentence, aud restored
by the execution which the sentence has
ordained to occur, possibly, twcnty.four
hours aftcrward. \ more unmitigatcd
judicial farce can scarcely be conceived.
Mindful of the distinguished legal
ability Of many of the trainers Of the
Federal Constitution, would not 4 pru-
dent man, free, be disposed to inquire
whether they really intended this? In
the history of the common law of trca'
son, we find very frequently mentioned,
what is called " Bill Of Attainder Of
Treason" or " Attaindcr Of Treason" by
act of the Legislature. In footnote
in almost all the old English copies Of
Blackstone's Commentaries, We find tho
function, of this remedy defined thus:
I" Where q person charged with. the
crime of treason, withdraws from the
jurisdiction of the State or resists it by
force successfully, and no other means
of bringing him to trial or punishment
being practicable, special act is passed
by the Legislature, adapted to'tho par
,isular case the act prescribing to him
time to appear and submit to trial de-
c|aripg in tho same that his refusal to
appear, shall be taken as confession OF
his guilt, and pronOunecs the sentence
which would have been rendered on his
conviction in o court Of law"
May dot the trainers Of our Constitu'
ton have had this in view, and intended