TREASON.

In what it Consists.

395. To prevent subordinate acts from being construed as treason, which, in former times, was frequently done in England, the Constitution declares that treason against the United States shall consist only in levying war against them, or in adhering to their enemies, giving them aid and comfort.

396. Levying war is the assembling of a body of men, in a condition to make war, for the purpose of overthrowing the government, or resisting its powers. A conspiracy or agreement to levy war does not amount to treason. There must be an actual assembling of men, with the intention and capacity to levy war, to constitute a levying of war, or, in other words, treason. But if war be actually levied, all those who perform any part, however minute, or however remote from the scene of action, and who are really leagued in the general attempt, are to be considered traitors.

397. Treason against the United States may also consist in adhering to their enemies, giving them aid and comfort. Delivering up prisoners and deserters to the enemy is treason within this clause.

And so

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it has been held is the carrying of provisions towards the enemy with intent to supply him, though that intention should be defeated.

How many Witnesses necessary in cases of

Treason.

398. 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.

Punishment of Treason.

399. Congress have power to declare the punish. ment of treason, but no attainder of treason shall work corruption of blood or forfeiture, except during the life of the person attainted.

400. The common law prescribes the following mode of punishment for the crime of treason: 1. That the offender be drawn to the gallows, and not be carried or walk, though usually (by connivance, at length ripened into law) a sledge or hurdle is allowed, to preserve the offender from the extreme torment of being dragged on the ground or pavement. 2. That he be hanged by the neck, and cut down alive. 3. That his entrails be taken out and burned while he

is yet alive. 4. That his head be cut off. 5. That his body be divided into four parts. 6. That his head and quarters be at the king's disposal.

401. Such a barbarous and cruel mode of punishment could only have been devised in an uncivilized and ferocious age. It is a source of just pride and congratulation, that a spirit of mildness and humanity characterizes all the provisions of the Constitution of the United States that relate to crimes and punishments. In a previous section we have seen that it is expressly provided that excessive fines shall not be imposed, nor cruel and unusual punishments inflicted. So that, although Congress may declare the punishment of treason, such punishment must not be cruel or unusual. The punishment actually declared by Congress is death by hanging.

402. Another restraint upon the power of Congress to declare the punishment of treason is, that no attainder of treason shall work corruption of blood or forfeiture, except during the life of the person attainted.

403. By attainder of treason is meant that stain or corruption of blood which, by the common law, follows upon conviction of treason. A person thus attainted forfeits all his lands, and tenements, and goods, and can neither inherit an estate from his ancestors, nor transmit one to his posterity, To prevent this unjust punishment of the innocent descendants of a man convicted of treason, the Constitution provides that no attainder of treason shall

work corruption of blood or forfeiture, except during the life of the person attainted. And Congress by law have declared that no conviction or judgment, for any capital or other offences, shall work corruption of blood or any forfeiture of estate.

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INTERSTATE PRIVILEGES AND REGULATIONS.

State Records, etc.

404. Full faith and credit must be given in each state to the public acts, records, and judicial proceedings of every other state. And Congress may, by general laws, prescribe the manner in which such acts, records, and proceedings shall be proved, and the effect thereof.

405. Before full faith and credit can be given to the public acts, records, and judicial proceedings of another state, it must first be shown that they are authentic; in other words, it must be shown that they are in fact such public acts, records, and judicial proceedings. The judgment of a state court, for example, when duly authenticated, must have full faith and credit given to it in every other court within the United States; but there must first be the authentication, or such effect does not follow.`

406. It is left to Congress to prescribe the manner in which such acts, records, and proceedings shall be proved, and the effect of such proof. Congress have accordingly provided that the acts of the legislatures