The Short ConstitutionWade, Martin J. (Martin Joseph)
History
The Short Constitution
Wade, Martin J. (Martin Joseph)
United States. Constitution
What does “attainder” mean? It means the extinction of civil rights and
capacities and powers, which under the law in the olden times took place
whenever a person was convicted of treason, or of a crime for which the
death sentence was imposed. It means that all the estate of the convicted
person, all his land, money, or other property, was forfeited to the
government; so that upon his death nothing passed by inheritance to his
heirs. As it was expressed, his blood was “corrupted”. He could not sue in
a court of justice. He was helpless to defend any right of himself or his
family.
By “bills of attainder”, which were legislative acts imposing that penalty
on the accused without giving him any hearing in a court, many persons
were deprived of their rights and their possessions in the centuries which
have gone by, in order that such rights and such possessions might go to
some favorite of the government. Of course no one would have much sympathy
for a person who might be actually guilty of treason, or guilty of a great
crime which involved a death penalty; but in the olden days innocent men
were often charged with treason and punished. Conspiracies were formed to
get rid of certain individuals who might be an obstacle to the achievement
of base ambitions.
The abuses arising out of the imposition of attainder became so grave that
in the time of Queen Victoria a statute was passed in England abolishing
the extreme penalties which followed it.
In some of the colonies in this country, before the Constitution was
adopted, acts of attainder were passed and enforced; but when the
Constitution was finally adopted, bills of attainder were forever barred.
Don’t you see the spirit of charity which is manifest in this, just as in
the entire Constitution, charity even for wrongdoers, charity for the
weaknesses of men? Wrongdoers of course must be punished, yet the
Constitution wipes out harsh and brutal methods which were common in the
days before America came into being.
No “ex post facto law” shall be passed. _What does that mean?_(87) If a
person does an act, which at the time of the doing of the act is not a
criminal offense, the Congress of the United States, with all its power,
cannot make that act, innocent when done, a crime. Yet this used to be
done in the old days. You can imagine how in those days a brutal
government being desirous of getting rid of some objectionable person, but
desiring to have its acts appear legal, might find that he had done some
act which was not punishable under the law; but through a corrupt
legislative body, it might so legislate as to make the act a criminal
offense, and thus have the person tried and convicted.
Public-domain text, read in full here on John Shaqi.
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