tendant upon such flagitious crimes, but takes
from them the common rights and privileges
enjoyed by all other citizens, when they are
wholly innocent, and however remote they
may be in the lineage from the first offender.
It surely is enough for society to take the life
of the offender, as a just punishment of his
crime, without taking from his offspring and
relatives that property, which may be the
only means of saving them from poverty and
ruin. It is bad policy, too, for it cuts of all
attachments which these unfortunate victims
might otherwise feel for their own Govern-
ment, and prepares them to engage in any
other service, by which their supposed inju-
ries may be redressed, or their hereditary
hatred gratified. Upon these and similar
grounds it may be presumed that the first
clause was first introduced into the original
draft of the Constitution; and, after some
amendments, it was adopted without any
apparent resistance."
Then the author comments upon the lessons
which the history of other countries afford
us upon that subject. On that point be says :
" 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 vic-
tims. Rapacity has been thus stimulated to
exert itself in the service of the most corrupt
tyranny; and tyranny has been thus fur-
nished with new opportunities of indulging
its malignity and revenge; of gratifying its
envy of the rich and good, and of increasing
its means to reward favorites, and securing
retainers for the worst deeds."
That is the commentary of Judge Story
upon the history of other nations, where
they have attempted, in dark and bloody
times, and under cruel and oppressive rulers,
to enact such cruel and bloody laws as these
—over-violent laws, as Blackstone terms
them; unjust and oppressive, never working
out the end for which they were designed.
That was said by Mr. Justice Story about
monarchical forms of government.
Mr. Madison has given as the reason why
the provision upon this subject was put in
the Constitution of the United States; and
when I cite to this body anything said by
Mr. Madison upon that subject, I presume
that they will remember that no man living
in his day had more to do with the framing
of that instrument than James Madison.
After citing the clauses of the Constitution of
the United States, which declare the punish-
ment of treason, and that no attainder of
treason shall work corruption of blood, or
forfeiture, except during the life of the person
attainted, he makes this comment :
"As treason may be committed against the
United States, the authority of the United
States ought to be enabled to punish it; but
as new fangled and artificial treasons have
been the great engines by which violent fac- |
tions, the natural offspring of free govern-
ments, have wreaked their alternate malignity
on each other, the Convention have, with
great judgment, opposed a barrier to this
peculiar danger, the peculiar danger of a re»
public, by inserting a constitutional defini-
tion of the crime, fixing the proof necessary
for conviction of it, and restraining the Con-
gress, even in punishing it, from extending
the consequences of guilt beyond the person
of the author,"
Here we have James Madison declaring
why it was that this provision was put into
the Constitution of the United States, It
was to prevent the wreaking of the malignity
of alternate factions, one against the other,
in a republic like ours; and it was wisely
put there to stop, if possible, at some period
or other, the enmity of faction In regard
to the attempted confiscation law of Congress,
I am glad the President had the manhood,
and felt the sense of his constitutional obli-
gations so resting upon him, to veto such a
bill. But you may depend upon it that if
such a provision is carried into execution,
hatred and animosity will be transmitted from
generation to generation in this country—
and no matter what may be the result of the
present conflict of arms, this country will
never be restored to peace and quiet, because
this perpetual sore will always be open. and
the descendants of those, who think them-
selves justly entitled to their property, ac-
cording to all the principles of Christian and
civilized humanity, will be made the unre-
lenting enemies of your Government. There-
fore, if the design and object are to bring
about a speedy peace, and restore tranquility,
let there be as little of hatred and bitterness
left upon the statute book as possible.
I bad proposed to examine a little into this
doctrine of treason, and go somewhat at length
into a consideration of it. I shall not do so,
however, at any length, for the debate has
taken such a direction that it is not now so
necessary. But when the Constitution of the
United States declares that " no bill of attain-
der shall bepassed," that "no attainder of
treason shall work corruption of blood, or
forfeiture, except during the life of the person
attainted," and when a previous clause de-
fines what treason is, we may be sure that
this was put in from good motives, which
we, representing the sovereignty of the peo-
ple of Maryland, ought to follow, I admit
that it is in our power to confer upon our
State Legislature the right and authority to do
so, if they please, but I am now discussing the
policy of such a measure as this provides for.
Mr. SANDS. If the gentleman will allow
me, I will read from the act of 1777, of this
State, passed, I believe, in this very hall,
during the times of the revolution. The act
is entitled, "An act to punish certain crimes
and misdemeanors, and to prevent the growth
of toryism." I will not read the preamble. |
