Treason. of amendments, post, this right of trial by jury is extended to suits at common law where the value in controversy exceeds twenty dollars. SECTION 3. 1. Treason against the United States shall consist only in levying war against them, or in adhering to their enemies, giving them aid and comfort. 2. No person shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or on confession in open Court. 3. 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 person attainted. NOTE. Where there is no allegiance there can be no treason. Shanks vs. Dupont, 3 Pet., p. 251. Therefore an alien not naturalized cannot commit treason against the United States.-U. S. vs. Vallito, 2 D., p. 370; same case, Whart. St. Tr., p. 185. To obtain an object of high public nature or concern by insurrection, force, or violence, is levying war against the United States.-U. S. vs. Fries, Whart. St. Tr., p. 458. But assemblages arrayed in warlike manner for private purposes is not treason.-Id. Unless accompanied with overt acts, a conspiracy to levy war is not treason, but any force connected with such intent is levying war.Id., and Ex Parte Bollman, 4 Cr., p. 75; U. S. vs. Burr, 2 Burr's Trial, p. 407. There must be an actual levying war to constitute treason.-Id. Armed men mustered in military array in a body for treasonable purposes, and marching or doing any other act in part execution of the purpose, is an overt act of treason in levying war.-U. S. vs. Griener, 24 Law Rep., p. 92; same case, 4 Phila., p. 396. Adhering to insurgents in a domestic insurrection is not treason, in adhering to enemies of the U. S., under the Act of 1790.-U.S. vs. Chenewith, 4 West L. Mo., p. 165. But it may be levying war.-Id. Going from an enemy's squadron to the shore for peaceably procuring provision for the enemy is not an overt act of treason. It is an overt act of treason to carry provisions to the enemy.-U. S. vs. Pryor, 3 W. C. C., p. 234. So is delivering up prisoners and deserters to the enemy. Well grounded' fear of life will alone excuse this act.-U. S. vs. Hodges, 2 Wh. Cr. Cas., p. 477. Intention is involved in the act.-Id. Preventing, or an insurrection to pre- 2. Power of United States over territorial and other property. SECTION 4. United States to guarantee to each State a republican form of government and protect against invasion. SECTION 1. acts and records of 1. Full faith and credit shall be given in each State Evidence of to the public acts, records, and judicial proceedings of official every other State. And the Congress may, by general States. Privileges of citizens. laws, prescribe the manner in which such acts, records, and proceedings shall be proved, and the effect thereof. NOTE.-Under this section the Acts of May 26th, 1790, March 27th, 1804, and March 2d, 1849, were passed, and are the general laws of Congress on this subject. A certified copy of a judgment rendered in another State, attested by the Clerk under seal of the Court, and the Judge of the Court certifies that the attestation is in due form of law, is sufficient on which to maintain an action in this State.-Thomson vs. Marrow, 1 Cal., p. 428. The certificate is only required to state the main facts made necessary by the Act. When the offices of Judge and Clerk are exercised by the same person, as a Surrogate.-Low vs. Burrows, 12 Cal., p. 181. When a requisition certifies that the "affidavit is duly authenticated according to the laws of said State" it is sufficient.-Manchester on Habeas Corpus, 5 Cal., p. 237. SECTION 2. 1. The citizens of each State shall be entitled to all the privileges and immunities of citizens in the several States. 2. 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. NOTE. In the matter of Manchester on Habeas Corpus, 5 Cal., p. 237, it was held by the Supreme Court of the State of California, that a certificate in a "requisition" that the "affidavit is duly authenticated according to the laws of said State" is sufficient. This section is greatly extended by the fourteenth amendment, ratified July 28th, 1868, given post, as to rights of citizens and who constitute. 3. No person held to service or labor in one State, under the laws thereof, escaping into another, shall, in consequence 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 labof may be due. NOTE.-Slavery no longer exists.-See amendments to Constitution of the United States, Article XIII. The only subject to which this portion of the section applies is to apprentices. The following decisions apply to this provision prior to the adoption of the amend ment: FUGITIVES FROM LABOR, ETC.-The owner of a fugitive slave has the same right to seize and take him in a State to which he has escaped or fled that he had in the State from which he escaped.-Prigg vs. The Commonwealth of Pennsylvania, 16 Peters, p. 539. The second section of Article IV of the Constitution does not extend to a slave voluntarily carried by his master into another State and there left, but to slaves escaping from one State into another.-Butler vs. Hopper, 1 Wash. C. C. R., p. 499. Under the Act of February 12, 1793, respecting fugitives, etc., under a charge for harboring and concealing, the notice need not be in writing by the claimant or his agent, but may be given verbally.-Jones vs. Van Zandt, 5 Howard, p. 215. Clear proof of the knowledge of the defendant that he knew such person was a slave, etc., is sufficient to charge him with notice.-Id. An overt act, so marked in its character as 'to show an intention to elude the vigilance of the master, and calculated to obtain such object, is a harboring of the fugitive within the statute.-Id. Said Act is constitutional, and is not repugnant to the ordinance of 1787.-Id. SECTION 3. 1. New States may be admitted by the Congress New States 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. 2. 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 particular State. United States to guarantee to each State a republican form of government and protect against invasion. SECTION 4. 1. The United States shall guarantee to every State 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. Manner of making amendments to Constitu tion. ARTICLE V. AMENDMENTS. SECTION 1. Manner of making Amendments to Constitution. SECTION 1. 1. The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose amendments to this Constitution, or, on the application of the Legislatures of two thirds of the several States, shall call a Convention for proposing 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 in the ninth section of the first Article; and that no State, without its consent, shall be deprived of its equal suffrage in the Senate. |