10

shall constitute a quorum to do business," but the Constitu-
tion never contemplated that a majority should assume to
themselves the whole power of Congress by the forcible exclu-
sion of the minority, or any portion of it, on any ground
whatever not specially provided for in the Constitution. Yet
the report of the Reconstruction Committee, and the proceed-
ings of Congress, show that from the two houses of Congress
which proposed this amendment, the Senators and Represen-
tatives of eleven States were forcibly excluded. Congress de-
fend their action on the plea that the people of those States,
by rebellion and civil war, had "forfeited their right of rep-
resentation in Congress. "Forfeiture is a punishment an-
nexed by law to some illegal act." The committee have
failed to point out any clause of the Constitution or in the
laws of Congress describing the illegal act to which the al-
leged forfeiture is annexed as a punishment. The Constitution
provides that "each State shall have at least one representa-
tive," and one of the exceptions to the power of amendment
is "that no State, without its consent, shall be deprived of its
equal suffrage in the Senate." Now how were those rights
forfeited by any one of the Confederate States ? The Recon-
struction Report says: "A State within the Union has obliga-
tions to perform as a member of the Uniou. It must submit
to federal laws, and uphold federal authority." But federal
laws do not operate upon a State. They operate upon the in-
dividual persons. Ev,ery person subject to the jurisdiclion of
the Constitution of the United States must submit to the fed-
eral laws, or bear the penalty of resistance or infraction.
But how can a State be punished? Where is the constitu-
tional or legal enactment that for such and such acts of the
people of a State, they shall forfeit their State organization,
and all their State rights of voting and holding office, and of
representation in Congress ? The Constitution defines treason
and confers on Congress the power to declare its punishment,
but provides that no attainder of treason shall work corrup-
tion of blood or forfeiture, except during the life of the person
attainted. Congress had power to punish treason by impris-
onment for life, and forfeiture of estate during the life of the
offender; or by imprisonment for a term of years and for-
feiture of estate for life and all civil and political privileges.
But Congress did not so provide. In 1790 they declared the
punishment of treason to be death, and that there should be
no forfeiture of estate. 2 Story on Const , 179, says: "The
law of Congress punishes treason, on conviction, with death,
but declares that no conviction or judgment, for any capital
or other offences shall work corruption o£ blood, or any for-
feiture of estate. The history of other countries abundantly
proves that one of the strong incentives to prosecute offences,
as treason, has been the chance of sharing in the plunder of
the victims. Rapacity has been thus stimulated to exert it-