Note 404 — Chapter XXI · (continued 2)

C. 21. § 10. Hence it would follow, by the principle of Grotius, that our law of forfeiture in high treason is just, being part of the direct punishment of the guilty; but that of attainder, or corruption of blood, is unjust, being an infliction on the innocent alone. I incline to concur in this distinction, and think it at least plausible, though it was seldom or never taken in the discussions concerning those two laws. Confiscation is no more unjust towards the posterity of an offender than fine, from which of course it only differs in degree: and, on the other hand, the law has as much right to exclude that posterity from enjoying property at all, as from enjoying that which descends from a third party through the blood, as we call it, of a criminal ancestor.