8. Art. VI of Constitution as bearing on trial by Jury; Copy of Indictment and Confronting by Witnesses.

9. Federal Courts controlled by Federal Statute only.

§ 1. The United States Constitution - Supreme Law. The Constitution of the United States provides in Section 2 of Article VI., that, "The Constitution and the laws of the United States which shall be made in pursuance thereof......shall be the supreme law of the land; the judges in every state shall be bound thereby, anything in the Constitution or laws of any state to the contrary notwithstanding."

§ 2. Article V. of the Amendments to the Constitution provides:

"No person shall be held to answer for a capital or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces or in the militia when in actual service in time of war or public danger; nor shall any person be subject, for the same offense, to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be witness against himself; nor be deprived of life, liberty, or property, without due process of law, nor shall private property be taken for public use without just compensation."

Article VI. of the Amendments provides:

"In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and be informed of the nature and cause of the accusation; to be confronted with the witnesses against him;. to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense."

By Article III. of the Constitution, the judicial power is vested in a Supreme Court, and in such inferior courts as Congress may establish.

In Section 8, Article I., Congress is authorized specifically to establish naturalization laws, uniform bankrupt laws, to coin money, to establish post-offices and post-roads, to promote the progress of science and useful arts, and to make all laws necessary and proper for carrying into execution any of the powers vested by the Constitution in the government of the United States, or in any department or officer thereof.

§ 3. From these specific grants of power, as well as from the power that is inherent in sovereignty to pass such regulations as will conserve the liberties of the individual and the existence of the sovereignty, has come the Federal criminal law.

The power to establish post-offices and post-roads must necessarily include the power to preserve them after so being established; the power to coin money, the power to promote science and arts, and the power to make all laws necesary to promote the general welfare of the government is sufficient, when delegated by the people, for the foundation of a code, by the enforcement of which the liberty, property, and life of individuals is taken through the process of the Courts.

§ 4. There are certain well known guarantees of our republican form of government that are in the Constitution, most of which appear in the respective Constitutions of the various states. These guarantees are:

(1) The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion, the public safety may require it. (Section 9, Article I., Paragraph 2.)

(2) No bill of attainder or ex post facto law shall be passed. (Sec. 9, Art. I., Par. 3.)

(3) The trial of all crimes, except in cases of impeachment, shall be by jury; and such trials shall be 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 be law have directed. (Sec. 2, Art. III., Par. 3.)

(4) 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. (Sec. 3, Art. III., Par. 1.) 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 attained. (Sec. 3, Art. III., Par. 2.)

(5) The citizens of each state shall be entitled to all the privileges and immunities of citizens in the several states. (Sec. 2, Art. IV., Par. 1.) 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. (Sec. 2, Art. IV., Par. 2.)

(6) The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures shall not be violated; and no warrants shall issue but upon probable cause, supported by oath or affirmation. and particularly describing the place to be searched and the persons or things to be seized. (Amendment IV. Amend. ment V. guarantees that no person shall be held to ans er unless upon presentment or by indictment, and that no person shall be twice put in jeopardy of life or limb, nor compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; and Amendment VI. guarantees speedy trial in the proper jurisdiction, that he shall be confronted with the witnesses, be represented by counsel, and himself, entitled to process for witnesses.

(7) Amendment VIII. provides excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishment inflicted.

§ 5. Infamous Crimes as Meant in Art. V. of Con stitution. In re Classen, 140 United States, 205, is the

ranking Supreme Court decision as to what is an infamous crime, and that case holds that a crime which is punishable by imprisonment in a state prison or a state penitentiary, is an infamous crime, whether or not the accused is sentenced to hard labor; and the determination of the question rests upon what the statute provides, and not upon what the judge imposes. See also Fitzpatrick vs. United Sattes, 178 U. S., 307; McKnight vs. United States, 113 Fed., 452; Good Shot vs. United States, 154 Fed., 258; Gritt Garritee vs. Bond, 102 Maryland, 383; State vs. Nichols, 27 R. I., 83; United States vs. Wynn, 9 Fed., 894; ex parte Wilson, 114 United States, 423; Mackin vs. United States, 117 U. S., 351; ex parte McClusky, 40 Fed., 74; Parkinson vs. United States, 121 U. S., 281; ex parte Bain, 121 U. S., 13; United States vs. Cadwallader, 59 Fed. 679; United States vs. Dewalt, 128 U. S., 393.

Section 335 of the new Federal Criminal Code, in effect January 1, 1910, contains this provision:

"All offenses which may be punished by death or imprisonment for a term exceeding one year shall be deemed felonies; all other offenses shall be deemed misdemeanors.'

§ 5a. Section 1022 provides that all crimes and offenses committed against the provisions of Chapter 7, title Crimes, which are not infamous, may be prosecuted either by indictment or by information filed by a district attorney. It was held in U. S. v. Wells Co., 186 Fed. 248, that a prosecution for a violation of the Food & Drugs Act, Section 2, 34 Stats. L. 768, for shipping adulterated food, wherein, upon conviction, a fine not exceeding $200 for the first offense and for each subsequent offense a fine not exceeding $300 or imprisonment not exceeding one year, or both, in the discretion of the Court, could be begun by information for the reason that the offense charged was not a felony in that a defendant who may not be imprisoned in a pentientiary for more than one year, has not committed a felonious offense.

All offenses, therefore, which may not receive punishment in excess of one year, are misdemeanors and no convicted defendant may be sent to a penitentiary unless his punishment exceeds one year.

§ 6. Jeopardy. Each American citizen, owing allegiance to two governments, state and national, is the bene