foreign country holds the United States responsible for the acts of its citizens; and the United States only can be looked to, to secure justice to its citizens on the part of foreign countries or citizens.

Clause 2.-Jurisdiction of the Supreme Court.

In all cases affecting ambassadors, other public ministers and consuls, and those in which a state shall be a party, the Supreme Court shall have original jurisdiction. In all the other cases before mentioned, the Su preme Court shall have appellate jurisdiction, both as to law and fact, with such exceptions and under such regulations as the congress shall make.

'That is, such a suit must commence in the Supreme Court.

"That is, the suit must commence in some lower court, but it may be carried on, or appealed, to the Supreme Court.

"To relieve the Supreme Court, congress has excepted some cases from the appellate jurisdiction of the court. So that some cases are finally disposed of in the inferior

courts.

Clause 3.-The Trial of Crimes.

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The trial of all crimes, except in cases of impeachment, shall be by jury,' and such trial shall be held in the state where said crimes shall have been committed; but when not committed within any state, the trial shall be at such place or places as congress may by law have directed.*

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'A trial by jury is a trial by twelve men impartially selected. This is regarded as one of the great bulwarks of liberty.

Civil cases may, at the desire of both parties, be tried by the court only. But for criminal trials a jury

is guaranteed by this provision. In a criminal trial, the state or the nation is the prosecutor, and state or national judges might be tempted to decide unjustly, if the matter were left to them.

"This leaves the accused in better condition to defend himself, than if he could be taken away far from home. He is thus able at the least expense to bring witnesses in his own behalf. And his own state is most likely to deal justly with him.

See Declaration of Independence.

"That is, in the District of Columbia, in one of the territories, in the Indian country, in the forts or arsenals of the United States, or upon the high seas.

'Congress has specified courts for the trial of such crimes. Those committed on the high seas are tried in the state where the vessel arrives.

For further information, see appendix. also amendments V, VI, VII and VIII.

SECTION III.-TREASON.

Clause 1.-Definition and Trial.

Compare

Treason against the United States shall consist only in levying war against them, or in adhering to their enemies, giving them aid and comfort. 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.

'Treason is, in essence, a deliberate and violent breach of the allegiance due from a citizen or subject to his government. Being directed against the powers that be, the government in self defense is tempted to punish it severely. The more tryannical a government is the more likely it is to be plotted against, and the more suspicious it becomes. If treason were undefined, the

government might declare acts to be treasonable which the people never suspected to be so. This had occurred so many times, and good men had so often been sent on this charge to an ignominious death, that the framers of the constitution deemed it prudent to define treason carefully in the fundamental law itself.

These provisions are taken from the famous statute of Edward III which first defined treason in England. This statute declared five things to be treasonable, the third and fourth of which were adopted for our constitution.

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'An overt act is an open act, not one that is simply meditated or talked about, but actually performed.

The Supreme Court has decided that there must be an actual levying of war; that plotting to overthrow the government is not treason. But if hostilities have actually begun, if war has commenced, "all those who perform any part, however minute, or however remote from the scene of action, and who are leagued in the general conspiracy, are to be considered traitors."

Two witnesses, at least, "to the same overt act," are required, because thus only can the testimony be sifted, compared and tested.

Clause 2.-Punishment.

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.

As has been hinted, the punishment of treason had been very severe in European countries. Not only was the person convicted of treason put to death in the most horrible ways, but his property was forfeited, and no one could inherit property from him or through him.

Thus not only the person himself, but also his children and his children's children, were punished. The purpose of this provision is, in the words of Mr. Madison, to restrain congress "from extending the consequences of guilt beyond the person of its author.'

Pertinent Questions.

By what authority was the Supreme Court established? By whom is it organized? Why is such a court necessary? How many judges or justices constitute the Supreme Court? Name them. Tell what president appointed each.

How many and what "inferior courts" has congress established? Name the Supreme Court justice who presides over the United States Circuit Court in this state. How many other states in this circuit? Name the United States circuit judge. Name the United States district judge. How are these officers appointed? How long do they serve? State the salary of each class of judges. What provision is there in regard to retiring United States judges?

If a person should rob the mail, in what court would he be tried? Tell about the Dartmouth College case. If any one should be caught making cigars without a license, before what court would he be tried? If an American owed money to an ambassador from a foreign country and declined to pay it, how could the ambassador get his pay? If the ambassador owed an American, how could the American get his pay? Would you, if the United States government asked you to represent it in a foreign country, like to be tried by a court of that country? If a murder be committed in the District of Columbia, in what court is the trial had? If committed in Minnesota? In Dakota? If a sailor should steal from a passenger, when out on the ocean, where would the case be tried and in what court? If you should sue the State of Minnesota, where would the case be tried? If you should sue Wisconsin? If Wisconsin should sue you? How can the United States be a party to a suit? Have you knowledge of any case in which one state sued another? If a merchant in your town should buy goods from a wholesale house in Chicago or New York, and should fail or refuse to pay for them, how could the house get its pay? What laws would apply to the case? What principle seems to be involved in these answers?

How many acts of congress have been declared unconstitutional by the Supreme Court?

Can a citizen of Dakota bring a suit in a United States court? If you lived in Montana, how could you recover money owed you in Minnesota? Can a United States official be sued for acts performed in the discharge of his duties?

What famous case of treason was tried in 1807. Has Jefferson Davis ever been tried for treason?

If the property of a traitor is taken by the government, must it be restored to his heirs at his death? Can you commit treason against this state? What do you know about the John Brown case?

Compare III. 2, 3, with amendments 5 and 6, and state the rights of a person accused of crime, which are guaranteed by the constitution.

Debate.

Resolved, That all judicial officers should be appointed.

Tabular View.

Prepare a tabular view comparing the three departments of the United States government.

CHAPTER XXV.-ARTICLE IV.

THE RELATIONS OF THE STATES.

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SECTION I.-STATE RECORDS.

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 prescribe the manner in which such acts, records and proceedings shall be proved," and the effect thereof.

'That is, such faith and credit as would be given to such acts, etc., in the state in which they originated. "That is, the legislative acts,-the statutes and the constitutions.

'Such as the registration of deeds, wills, marriages, journals of the legislature, etc.