Charles Sumner: his complete works, volume 09 (of 20)Sumner, Charles
History
Charles Sumner: his complete works, volume 09 (of 20)
Sumner, Charles
Slavery -- United States; Speeches, addresses, etc., American
This interpretation is helped by another suggestion, which supposes
the comma in the text of the Constitution misplaced, and that, instead
of being after “corruption of blood,” it should be after “forfeiture,”
separating it from the words “except during the life of the person
attainted,” and making them refer to the time when the attainder
takes place, rather than to the length of time for which the estate
is forfeited. Thus does this much debated clause simply operate to
forbid forfeiture when not pronounced “during the life of the person
attainted.” In other words, the forfeiture cannot be pronounced against
a dead man, or the children of a dead man, and this is all.
Amidst the confusion in which this clause is involved, you cannot
expect that it will be a strong restraint upon any exercise of power
under the Constitution which otherwise seems rational and just. But,
whatever its signification, it has no bearing on our rights against
enemies. Bear this in mind. Criminals only, and not enemies, can take
advantage of it.
* * * * *
Such, Mr. President, are the provisions or principles of Constitutional
Law controlling us in the exercise of rights against criminals. If any
bill or proposition, penal in character, having for its object simply
punishment, and ancillary to the administration of justice, violates
any of these safeguards, it is not constitutional. Therefore do I admit
that the bill of the Committee, and every other bill now before the
Senate, so far as they assume to exercise the Rights of Sovereignty
in contradistinction to the Rights of War, must be in conformity with
these provisions or principles.
* * * * *
But the Senator from Vermont [Mr. COLLAMER], in his ingenious speech,
to which we all listened with so much interest, was truly festive in
allusion to certain proceedings much discussed in this debate. The
Senator did not like proceedings _in rem_, although I do not know that
he positively objected to them as unconstitutional. It is difficult to
imagine any such objection. Assuming that criminals cannot be reached
to be punished _personally_, or that they have fled, the Senator from
Illinois [Mr. TRUMBULL], and also the Senator from New York [Mr.
HARRIS], propose to reach them through their property,--or, adopting
technical language, instead of proceedings _in personam_, which must
fail from want of jurisdiction, propose proceedings _in rem_. Such
proceedings may not be of familiar resort, since, happily, an occasion
like the present has never before occurred among us; but they are
strictly in conformity with established precedents, and also with the
principles by which these precedents are sustained.
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