The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1866-12-08
T-sasva and Connscatlon.
We extract the following from

We have had frequent inquiries as
to- the crime of treason and its penal
ties, and give the Aercmy's state
ment, as a condensed and pretty cor
rect explanation:
Treason, to be efficacious against
any citizen, must be brought home
to him by trial and conviction; and
his trial and conviction must be by a
jury, sitting in the State and district
where the treason wascommitted. The
Constitution Of the United States
says, in Sd Article, Sd Section: ''Trea-
son against the United States shall
consist only of levying war against
them, or in adhering to their enc
mies-giving them aid and comfort. )"
In the 81 Article. ed Section
The trial Of all crimes, except in
cases of impeachment, shall be by
jury; and such trial shall be held
in the State where the said crimes
shall be committed.
The States were not satisfied with
this clause in the Constitution. and
proposed the following amendment,
Article 6, which was adopted: In
all criminal prosecutions, the &C
cused shall enjoy the right to speedy
and public trial, by an impartial jury
Of the State and district wherein the
crime shall have been committed,
which district shall have been pre-
viously ascertained by law, and to be
Informed Of the nature and cause of
the accusation; to be confronted with
the witnesses against him; to have
compulsory process for obtaining wit
nesses in his favor, and to have the
assistance of counsel for his defence.
The 9th amended Articles pre-
scribes: That no person shall be
held to answer for s. capital, or other
wise infamous crime, unless on a pre-
sentiment or Indictment OF u grand
jury"
The course of proceedings then, in
treason, appear to be this: l. The
Indictment for treason must be laid
before aerand jury. > If a true bill
is found by the grand jury, he must
be speedily and publicly tried by an
impartial petit jury, in the State and
district where the treason is alleged
to have been committed. s. He shall
be informed of the nature and cause
Of the accusation < Be confronted
with the witnesses against him. 5.
Have compulsory process to obtain
witnesses in his favor 6. Have the
assistance Of counsel 7. And at the
trial, shall have the right Of challeng-
ing those who are to compose the
Jury-twenty- -one peremptorilv, and
as many more as he can show cause,
from any expressions or acts, are not
impartial And. finally, when the
trial comes off, the whole petit jury
twelve in number) must agree as to
the criminality OF the accused. or
be must be acquitted. If one man on
the petit jury thinks the accused not
guilty, he is entitled to u verdict to
that effect.
These are the forms by which all
persons accused of treason, by the
United States, are to be tried. If
fairly carried ont, it requires no ghost
to help us to predict that no citizen
OF the Southern States. on account of
the late war, will ever be convicted of
treason against the United States.
And threats of confscation are rs
terrorless as threats of treason. AS a
punishment for treason, the Consti-
tuition expressly prohibits it. Itsays,
Article 3, Section 3: ''No attainder of
treason shall work corruption of blood,
or forfeiture, except during the life OF
the person attainted." 1t is plain,
from this clause of the Constitution,
that even If q man should be convict.
ed of treason, his property could be
taken by the Government only dur
ing his lifetime. After his death
(Which is generally shortly after his
cnnviction) it goes to his heirs-at-law.
But to be forfeited even to this extent,
there must JirSi be trial by jury, and
conviction for treason. Can the
property of any citizen of the United
States, whether u supposed rebel or
not, be taken from him, by the Go
vernment of the United States, ex-
cepting in the qualified manner pre-
scribed in Article Sd of the Constitu-
ton, on conviction Of treason? The
Act Of Congress, declaring that the
property of all rebels in the Southern
States shall be confscated, does not
alter the matter. They must be tried
and convicted Of being rebels. before
the law can apply; and when it applies.
1t is limited by the Sd Article of the
Constitution. From these views of
the Constitution, which we believe to