§  467. There  have  been  two  classes  of  construction
placed  upon  the  last  clause  of  this  provision,  which
cause  their  advocates  to  arrive  at  very  difierent  results
as  to  the  effiect  to  be  given\to  it. One  party  insists  that
it  is  a  limitation  upon  the  penalty  which  congress  is
empowered  to  denounce  as  the  punishment  for  treason ;
that  owing  to  this  provision  congress  can  not  make  an
absolute  forfeiture  of  real  estate  to  the  government  a
part  of  the  penalty  of  the  crime ;  but  can  extend  its
effect  only  during  the  life  of  the  traitor.^  The  other
party  insist  that  it  has  no  reference  to  the  penalty  which
congress  is  authorized  to  declare  as  the  punishment  for
treason ;  that  it  refers  only  to  the  period  during  which
the  party  shall  be  liable  to  be  attainted ;  that  is,  the
attainder  shall  take  place  during  the  life  of  the  person
attainted. There  is  a  third  view  which  seems  to  be  more
in  accordance  with  the  legal  meaning  of  the  language
used,  and  the  purpose  tlje  people  had  in  view  at  the
time  than  either  of  the  foregoing  constructions,  and  it
excludes  both  of  the  others ;  that  is,  it  aflSrms  that  the
latter  clause  of  this  provision  is  neither  a  limitation  upoii


PROjUBITIONS  AND  RESTRICTIONS,         289

the  pojrer  of  congress  to  declare  the  punishment  of
treason,  nor  upon  the  time  during  which  the  person
shall  be  attainted ;  but  that  it  means,  as  its  language
iot^orts,  that  there  can  be  a  condition  in  the  criminal
known  as  attainted  ;  produced,  as  in  law,  it  only  can  be
produced,  by  pronouncing  the  judgment  of  the  law  upon
the  convicted  felon ;  and  that  the  incidents  of  that
attainder,  corruption  of  blood  and  forfeiture  can  follow
as  in  England,  but  only  during  the  life  of  the  person
attainted. After  death  the  attainder  shall  cease ;  that
is,  the  corruption  of  blood  and  forfeiture  shall  be  at  an
end,  and  as  to  all  that  come  after  him  as  heirs  they  may
take  through  him  as  though  his  blood  had  never  been
corrupted. 