n law, the punishment of treason was of a
savage and disgraceful nature. The offender was drawn to the gallows on
a hurdle; hanged by the neck and cut down alive; his entrails taken out
and burned while he was yet alive; his head cut off; and his body
quartered. Congress, in pursuance of the power here granted, has very
properly abolished this barbarous practice, and confined the punishment
to simple death by hanging.
Sec.5. But the same clause provides, that "no attainder of treason shall
work corruption of blood, or forfeiture, except during the life of the
person attainted." _Attainder_ literally signifies a staining, or
rendering impure; but it here means a conviction and judgment in court
against the offender. By the common law, the sentence of death for
treason was made to affect the _blood_ of the traitor; so that he could
neither inherit property nor transmit it to heirs; but his estate was
forfeited. This practice, so unjust to the innocent relatives of an
offender, is properly abolished by the constitution; and congress has
declared that "no conviction or judgment shall work corruption of blood,
or any forfeiture of estate." So that while this law continues, there is
no forfeiture, even during the life of the person attainted.
Chapter XLIV.
State Records; Privilege of Citizens; Fugitives; Admission of New
States; Power over Territory; Guaranty of Republican Government.
Sec.1. "Full faith and credit shall be given in each state to the public
acts, records, and judicial proceedings of every other state. And the
congress may, by general laws, prescribe the manner in which such acts,
records, and proceedings shall be proved and the effect thereof." Art.
4, sec. 1. Without this provision, a person against whom a judgment has
been obtained, might remove with his property into another state, where
the property could not be taken on execution without a new trial and
judgment; which, at so great a distance from the residence of the
creditor and his witnesses, would be very difficult and expensive, and
perhaps impossible. Now, the proceedings of the court in which a
judgment is obtained, if sent to the place where the debtor resides,
have the same effect as in the state in which such proceedings were
taken.
Sec.2. There are several other cases which this provision is intended to
meet. But, as is seen, the effect of these acts, records, and judicial
proceedings, and the manner of proving them are to b
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