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offences against the law of nations. The crime of treason is defined by the constitution itself, and is to consist only “in levying war against the United States, or adhering to their enemies, giving them aid and comfort.”
Congress have the power to declare the punishment of treason; but no attainder shall work corruption of blood or forfeiture, except during the life of the person attainted on attainder of treason. Attainder here must mean conviction; as by a preceding section congress are prohibited from passing bills of attainder. No one can be convicted of treason, but on the testimony of two witnesses to the same overt act, or on confession in open court. The trial of all crimes, (except in cases of impeachment and military offences triable by courts martial) is to be by jury, in the state where the crime has been committed; when out of a state, congress may fix the place of trial.
The pardoning power is vested in the president, except in cases of impeachment; these are tried by the senate. The house of representatives impeaches, and the senate tries. No conviction can take place, unless two-thirds of the members concur. The judgment does not extend further than removal and disqualification from office; but the party may be further prosecuted at law for the same offence.
The constitution, and the laws made in pursuance
thereof, and all treaties made under the authority of the United States are the supreme law of the land, anything in the constitution or laws of any state to the contrary notwithstanding.
The president takes care that the laws be faithfully executed.
SECTION 5.-Judicial Power.
The judicial power of the general government, extends to all cases in law and equity arising under the constitution and laws of the United States, and under treaties made by their authority; to cases affecting ambassadors, other public ministers and consuls-to all cases of admiralty and maritime jurisdictionto controversies, to which the United States shall be a party—to controversies between two or more states -between a state and citizens of another state-between citizens of different states-between citizens of the same state, claiming lands under grants of different states, and between a state, or the citizens thereof, and foreign states, citizens or subjects.
This article, however, has been modified by an amendment to the constitution, which declares that the judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States
by citizens of another state, or by foreigners. It has been held that this restriction does not extend to cases of admiralty and maritime jurisdiction.
Except in cases affecting ambassadors, other public ministers and consuls, and those to which a state shall be a party, the supreme court has only appellate jurisdiction, with such exceptions and under such regulations as congress may make. The original jurisdiction is vested by law partly in the circuit and partly in the district courts; the former having an appellate jurisdiction over the district courts in matters within the cognizance of the latter. The manner in which the powers are distributed between these tribunals is too complicated to be explained here. Some of these powers are exercised concurrently 'with, and others exclusively from the courts of the individual states.
In various instances congress have availed themselves of the aid of the state courts and magistrates to carry their laws or some parts of them into execution. This auxiliary system is calculated not only to promote harmony between the general and the state governments, but also to prevent the consolidation of the Union; for were the state authorities to refuse their assistance, congress would be compelled to fill the land with their inferior, officers and magistrates, which could not be long tolerated by the people; and a dissolution of the Union might be the fatal consequence.
SECTION 6.--New States.
New states may be admitted by congress into the Union; but no new state shall be formed or erected within the jurisdiction of any other state, nor by the junction of two or more states or parts of states, without the consent of the legislatures of those states as well as of congress.
Under this power, congress has purchased Louisiana from France, and Florida from Spain, and erected new states out of the former territory. Under the same power the state of Maine has been erected, with the consent of the legislature of Massachusetts, to which it formerly belonged. Vermont and Kentucky have in like manner been erected into states with the consent of those that had or claimed jurisdiction over them.
Section 7.- Local Jurisdiction of Congress.
The congress is empowered to exercise exclusive legislation in all cases whatsoever, over the district, not more than ten miles square, where the seat of government may be established, in virtue of a cession of territory by particular states. This jurisdiction is now exercised over the District of Columbia, which was formerly part of the states of Virginia and Maryland, but has been ceded by those states to the United
States. The congress exercises the same jurisdiction over all places purchased from the states for the erection of forts, magazines, dock-yards and other public buildings.
The congress also may make all necessary rules and regulations respecting the territory or other property belonging to the United States. What is called the territory of the United States, consists of, 1st. the District of Columbia, abovementioned; 2. The forts, arse nals, dock-yards, &c. also abovementioned; 3. Those lands which have been ceded to the United States by Great Britain, by the treaty of peace; by the states, after the conclusion of the said treaty; and by France and Spain under the treaties of cession of Louisiana and Florida, and which not having yet been erected into states, are governed under the authority of the United States, until they shall be admitted into the Union. There are now three territories, each of which is entitled to a delegate in congress, who may join in debates, but not vote. They are Michigan, Arkansas and Florida. The remainder of the lands of the United States to the west and north-west, and beyond the Rocky Mountains are yet wild and uncultivated. A few military posts and some scattered habitations only exist there.
SECTION 8.-Miscellaneous Powers of Congress.
Independent of the powers mentioned in the foregoing