482   MATURITY OF THE POLICY

some instances the causing of a death by mere misadventure or negligence was visited with certain forfeitures and penalties. 'With-out attempting historical accuracy, the law of England provided that all the property, real and personal, of one attainted should be forfeited and his blood so corrupted that nothing could pass by inheritance to, from or through him. He could not sue, except to have his attainder reversed. Thus the wife, children and collateral relations of the attainted person suffered with him. As said by Bishop: "When the tree fell it brought down all its branches." (1 Bishop on Crim. Law, sec. 968.) As further illustrating the rigor of the old English law, it was provided that if a man be indicted for felony and flees, he forfeits by flight his goods; and "he that committeth homicide by misadventure shall forfeit his goods; and so shall he which dotli kill a man in his own defense forfeit his goods: and likewise he that killeth himself and is felo de se shall forfeit his goods; and he that being indicted to felony shall stand mute and not answer directly, or challenge peremptorily above twenty persons, shall forfeit his goods."

These ancient doctrines, whether resting upon grounds of public policy or upon the other reason which is sometimes put forth, that the government is entitled to the goods of the felon as compensation for the injury done and the expense occasioned, have failed to satisfy the conscience and judgment of courts of later periods in England and have never had a potential existence in American jurisprudence. The constitution of the United States provides that "no attainder of treason shall work corruption of blood or forfeiture except during the life of the person attainted," and by an act of Congress passed in 1790 all corruption of blood and forfeitures, whether for treason or felony, as to convictions under the Federal law, were abolished. This doctrine never had any existence in Illinois even in the modified form which seems to be recognized in the Federal constitution. In all the constitutions adopted in this State a provision similar to the one found in section II of article 2 of the constitution of 1870 is to be found. Thus, the constitution of 1818 provided: "No ex post facto law, nor any other law impairing the validity of contracts, shall ever be made, and no conviction shall work corruption of blood or forfeiture of estate." * * * The constitution of 1818 contained the same clause, while the constitution of 1870 declares: "All penalties shall be proportioned to the nature of the offense, and no conviction shall work corruption of blood or forfeiture of estate; nor shall any person be transported out of the State for any offense committed within the same."

There are in these several constitutional provisions clear and unequivocal declarations of the public policy of this State to the effect that no forfeiture of property rights shall follow conviction for crime. This public policy is further manifested by our statute in