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public officer, thereby to render ineffective an act of congress, is high treason. When war is levied, all who perform a part, however remote from the scene of action, being leagued in the conspiracy, commit treason. If one advise or command an overt act of treason, he is guilty accessorily. A mere conspiracy to levy war is not treason. A secret, unarmed meeting of conspirators, not in force, nor in warlike form, though met for a treasonable purpose, is not treason; but these offences are high misdemeanors. § 528. The constitution, with equal propriety, prescribes the proof requisite for conviction of treason. No evidence less than the testimony of two credible witnesses ought to be deemed sufficient to convict of a crime which deprives a person of life.

§ 529. "The congress shall have power to declare the "punishment of treason; but no attainder of treason shall "work corruption of blood, or forfeiture, except during the "life of the offender."-Art. 3, sec. 3, cl. 2.

§ 530. Congress, in pursuance of the power here granted, has declared the punishment of treason to be death by hanging; thus abolishing the barbarous modes of punishment, and cruel tortures, which were in former ages inflicted upon persons convicted of this crime.

§ 531. Attainder literally signifies a staining, or corruption. It here means a judgment or sentence against an offender. Corruption of blood by the common law of England, signifies the loss of inheritable qualities. A person attainted of felony, forfeits his estate; and he can neither inherit lands from his ancestors, nor transmit them to his heirs. This practice, so unreasonable, and so unjust to the innocent relatives of an offender, has been abolished by the constitution; and congress, in the exercise of its constitutional power, has declared, that "no conviction or judgment shall work corruption of blood, or any forfeiture of estate ;" so that the forfeiture may be omitted, even during the life of the offender.

levied? What else does treason comprehend? ? 529. What prohi bition is laid upon the punishment of treason? § 530. What punishment has congress designated? § 531. What is attainder? Corrup. tion of blood? Is this practised in the United States?

CHAPTER XXVII.

Effect of State Records-Privileges of Citizens-Arrest of Fugitives Admission of States-Disposal of Public Property-Guaranty of Republican Government, &c., to the States.

§ 532. "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, pre"scribe the manner in which such acts, records, and pro"ceedings shall be proved, and the effect thereof."-Art. 4, sec. 1.

§ 533. This clause is intended to secure justice to persons in cases of removal into other states. A person, against whom a judgment may have been obtained by due process of law, might remove with his property into another state, where, in consequence of the remoteness of his residence, or the death or removal of material witnesses, he would be placed beyond the reach of justice by a new trial. It was ne cessary, therefore, that the records of the court in which the judgment was had, should be received in evidence, and have full credit in every court within the United States.

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tificate under seal of the clerk of a court of record, may be transmitted to any state in the union; wherever the same shall be received, it shall be deemed evidence of the facts therein stated.

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§ 534. "The citizens of each state shall be entitled to all privileges and immunities of citizens in the several states." -Art. 4, sec. 2, cl. 1.

§ 535. This clause prohibits the states from enacting laws bestowing upon their own native citizens political and civil privileges which could not be enjoyed by those who were the natives of other states: or laws which should give privileges to citizens of some states in preference to those of other states. It does not, however, prohibit a state from enacting

§ 532, 533. Why is the provision necessary, concerning the effect of public records in other states? § 534, 535. What is the object of the clause securing to the citizens of one state the privileges of citizens

that citizens removing into it from another state, shall reside in it a certain period of time, to be entitled to vote at elections.

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§ 536. "A person charged in any state with treason, felony, or other crime, who shall flee from justice, and be "found in another state, shall, on demand of the executive "authority of the state from which he fled, be delivered up, "to be removed to the state having jurisdiction of the crime." -Art. 1, sec. 2, cl. 2.

§ 537. Without such authority for the apprehension of criminals, the most atrocious crimes might be committed with impunity, as the perpetrators might easily effect their escape, and take shelter in an adjacent state.

§ 538. "No person held to service or labor in one state, "under the laws thereof, escaping into another, shall, in con"sequence of any law or regulation therein, be discharged "from such service or labor, but shall be delivered up on "claim of the party to whom such service or labor may be 'due."-Art. 1, sec. 2, cl. 3.

§ 539. This clause was designed to enable slaveholders to reclaim slaves who should escape into states in which slavery is not allowed. This they could not do before the constitution was adopted. A slave escaping into a nonslaveholding state, became free. In consenting to this clause, many members of the convention sacrificed their own feelings, and surrendered their own better judgment to the interests of the southern states. And it is believed this concession on the part of the free states has not a little aided in strengthening the system of slavery in the United States.

§ 540. The facility with which slaves are at present reclaimed, has led to great abuses. As slaves are delivered up, in many states, into the hands of claimants, on very slight proof, cases have occured in which free colored men have been arrested, and, on testimony amounting scarcely to a well founded suspicion, have been surrendered to kidnappers, by whom they have been sold into perpetual bondage.

in the several states? § 536. What provision is made for arresting fugitive criminals? § 537. Why is it necessary? § 538. How are fugitive slaves reclaimed? § 539. For what purpose was this provision made? § 540. What abuse has this led to? § 541. How are the

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To prevent abuses of this kind, it is deemed expedient that the right of trial by jury should be granted to every person claimed as a slave, to afford him a fair opportunity of estab lishing his freedom.

§ 541. "New states may be admitted by the congress into "this union; but no new state shall be formed or erected "within the jurisdiction of any other state; nor any state be "formed by the junction of two or more states, or parts of "states, without the consent of the legislatures of the states "concerned, as well as of the congress."-Art. 4, sec. 3, cl. 1.

§ 542. This provision was deemed necessary in view of the large extent of national territory possessed by the Uni. ted States, and of the inconvenient size of some of the states then existing. Under this power, the number of the states has been doubled, thirteen new states having been added to the original thirteen; four of which, Vermont, Kentucky, Tennessee, and Maine, have been formed from the old states, and the remaining nine, from the territorial possessions of the United States. The propriety of requiring the consent of the state legislatures and of congress, in the cases mentioned, is readily perceived.

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§ 543. "The congress shall have power to dispose of, and "make all needful rules and regulations respecting the territory or other property belonging to the United States; "and nothing in this constitution shall be so construed as to prejudice any claims of the United States, or of any par "ticular state."-Art. 4, sec. 3, cl. 2.

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§ 544. The right of the general government to exercise authority over its own possessions, would seem scarcely to admit of doubt; but this power under the confederation had been questioned; and an express grant of such power was therefore inserted in the constitution. As the people within such territory neither possess the right of self-government, nor are subject to the laws of any state, congress ought to have power to make laws for their government.

§ 545. "The United States shall guaranty to every state

admission and formation of new states restricted? § 542. Why was this provision necessary? § 543. How is the public property disposed of? § 544 Why is the power to dispose of it given to congress!

"in this union a republican form of government, and shall "protect each of them against invasion; and, on application "of the legislature, or of the executive, (when the legislature "cannot be convened,) against domestic violence."—Art. 4,

sec. 4.

§ 546. The states have a natural claim to the protection of the general government against any attempts that might be made to change their forms of government; and also against invasion from abroad, and insurrections within their own borders, especially as they had surrendered to the general government the right of keeping a standing force for their defence. A state may make any alteration in its con stitution that shall not change its republican form.

CHAPTER XXVIII.

Provision for Amendments-Assumption of the Public Debt -Supremacy of the Constitution-Oaths and Tests-Ratification of the Constitution.

§ 547. "THE congress, whenever two thirds of both houses "shall deem it necessary, shall propose amendments to this "constitution, or, on application of the legislatures of two "thirds of the several states, shall call a convention for pro"posing amendments, which, in either case, shall be valid, "to all intents and purposes, as part of this constitution, when "ratified by the legislatures of three fourths of the several states, or by conventions in three fourths thereof, as the one or the other mode of ratification may be proposed by "the congress; provided that no amendment which may be "made prior to the year one thousand eight hundred and "eight, shall in any manner affect the first and fourth clauses "of the ninth section of the first article; and that no state.

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$545. What do the United States guaranty to the states? § 546. Why is this guaranty necessary?

547. How are amendments to be proposed and ratified? § 548.

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