the reconstruction Committee, and the proceedings
of Congress, show that from the two houses of
Congress which proposed this amendment, the
Senators and Representatives of eleven States were
forcibly excluded. Congress defend their action
on the plea that the people of those States, by
rebellion and civil war, had forfeited their right
of representation in Congress. Forfeiture is a
punishment annexed by law to some illegal act.
The Committee have failed to point out any clause
of the Constitution or in the laws of Congress de-
scribing the illegal act to which the alleged for-
feiture is annexed as a punishment.
The Constitution provides that each State shall
have at least one representative, 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 Confede-
rate States. The Reconstruction Report says: A
State within the Union has obligations to perform
as a member of the Union. It must submit to
federal laws and uphold federal authority. But
federal laws do not operate upon a State, they ope-
rate upon the individual persons. Every person
subject to the jurisdiction of the Constitution of
the United States must submit to the federal laws;
or bear the penalty of resistance or infraction.
But how can a State bo punished; Where is the
constitutional or legal enactment that for such and
such acts of the people of a State, they shall for-
feit their State organization, and all their State
rights of voting and holding office, and of repre-
sentation in Congress. The Constitution defines
treason and confers on Congress the power to de-
clare its punishment, but provides that no attain-
der of treason shall work corruption of blood, or
forfeiture, except during the life of the person
attainted. Congress had power to punish treason
by imprisonment for life and forfeiture of estate
during the life of the offender, or by imprisonment
for a term of years and forfeiture of estate for lift
and all civil and political privileges. But Con
gress 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 or
112

Report of the
Committee.