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, only the third and fourth of which are held by our constitution to be so.

[2] An overt act is an open act, not one that is simply meditated or talked about, but one 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 a “preponderance of testimony” be secured.

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 assigned to this circuit.  How many other states in this circuit?  Name our two United States circuit judges.  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 legal 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 Wyoming?  If a sailor should steal from a passenger, when out on the ocean, where would the case be tried and in what court?