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held in the state where the said crimes shall have been committed; but when not committed within any state, the trial shall be at such place or places as the congress may by law have directed."

A jury consists of twelve men, selected according to law, to determine matters of fact in a legal trial. The right of trial by a jury of one's peers was a right highly esteemed by the people of Great Britain, which they a long time ago compelled their king to yield to them. This right is here made a part of the constitution of our country, and although not yielding all the good fruit which might be desired, yet is considered as one of the guarantees of a fair trial to any one accused of crime.

This clause also provides that all trials for crime shall be held in the state where such crime has been committed.

SECTION 3, CLAUSE I. "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."

This clause defines treason as consisting of only two things,

(1) In levying war against the United States.

(2) In adhering to their enemies, giving them aid and comfort, and it provides that "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."

CLAUSE 2. "The congress shall have the 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."

The terms here used refer to an English custom. The old English law provided certain consequences as to the mode of execution of one who had been convicted of treason. He was to be put to death in a cruel manner, and his conviction involved what was called attainder, and this worked corruption of blood, or forfeiture.

There was no judgment of attainder, but the attainder was incident to the conviction as a matter of course. This attainder, as a natural consequence, was supposed to include corruption of blood, or forfeiture. His property of every kind was forfeited. His children could not inherit property from his ancestors through him. What was termed "corruption of blood" destroyed the power to inherit property.

Our constitution prescribes that the offender himself shall bear the punishment. It shall not descend to his children. There may be forfeiture, but this is rather in the nature of a fine, made at his conviction. This clause does not mean that the forfeiture shall extend only during the life of the person. The forfeiture or fine once made, of course the property or fine goes to the government permanently and not temporarily.

CHAPTER XI.

MISCELLANEOUS PROVISIONS.

ARTICLE IV. - The first section of this article states, that "full faith and credit shall be given to the public acts, records, and judicial proceedings of every other state, and the congress, may, by general laws prescribe the manner in which said acts, records, and proceedings shall be proved, and the effect thereof."

(1) "Full faith and credit." By these words are meant that the other state shall give the same credit, which the state itself gives to the acts, etc., when these have been proven.

(2) "Public acts." By these are meant the laws of the state, or the action of the legislature.

(3) "Records." These refer to general matters of legal record, such as laws, real estate records, legislative journals, etc.

(4) "Judicial proceedings." The reference here is to the acts of the courts, judgments, orders, proceedings. In obedience to the last part of the clause, congress, at an early date passed an act specifying that the acts of the legislature of a state shall be authenticated by its seal. The same act also specifies the form of proof necessary for the records of a court, and the attestation of the clerk together with the certificate of the judge. Such records and proceedings must receive full faith and credit in the courts of other states.

The second section of this article directs, that "the citizens of each state shall be entitled to all the privileges and immunities of citizens in the several states." This section also has the following clause:

CLAUSE 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."

A fugitive from justice may be arrested and retained prior to the demand of the governor. Some of the nations have treaties with each other by which a fugitive from justice, who has escaped from one to another of these nations, must be given up on demand. This is called extradition. This term is sometimes applied to the giving up of a fugitive from justice, by the governor of one state, on request of the governor of another state, but strictly speaking, extradition is international. The interstate surrender is not extradition.

The third clause of this section provides that persons "held to service or labor" under the laws of one state escaping into another must be delivered up. This is the famous fugitive-slave clause which has figured so conspicuously in the history of this nation, but happily has no bearing upon present affairs, since the slaves have been emancipated throughout the entire nation.

SECTION 3, CLAUSE I. "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, without the consent of the legislatures of the states concerned, as well as of the congress.

"

It is interesting here to observe how the balance of power was for so long a time kept up in the United States senate between the free states and the slave states.

Seven of the thirteen original states were free states at the time of the adoption of the constitution, and six of them were slave states. The first added state was Vermont, a free state, which was admitted into the union by an act of congress in 1791.

In 1792, Kentucky, a slave state, was admitted.

In 1796, Tennessee, a slave state, was admitted. We began the century, therefore, with eight free states and eight slave states.

In 1802, Ohio, a free state, was admitted.

In 1812, Louisiana, a slave state, was admitted.
In 1816, Indiana, a free state, was admitted.
In 1817, Mississippi, a slave state, was admitted.
In 1818, Illinois, a free state, was admitted.
In 1819, Alabama, a slave state, was admitted.
In 1820, Maine, a free state, was admitted.
In 1821, Missouri, a slave state, was admitted.
In 1836, Arkansas, a slave state, was admitted.
In 1837, Michigan, a free state, was admitted.
In 1845, Florida, a slave state, was admitted.
In 1845, Texas, a slave state, was admitted.
In 1846, Iowa, a free state, was admitted.

In 1848, Wisconsin, a free state, was admitted.

It thus appears that for half a century, up to 1850, the balance of power had been preserved in the senate, by the admission of an equal number of free states and slave states.

There had been a severe contest on the admission of

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