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claim through his father, who would convey to him no inheritable blood. . . . In addition to this most grievous disability, the person attainted forfeits, by the common law, all his lands, and tenements, and rights of entry, and rights of profits in the lands or tenements, which he possesses. And this forfeiture relates back to the time of the treason committed, so as to avoid all intermediate sales and incumbrances; and he also forfeits all his goods and chattels from the time of his conviction."

In the United States the punishment imposed for treason pertains alone to the guilty participants, and they are assured justice by being tried by a tribunal authorized and appointed by Congress.

LIBRARY REFERENCES

Andrews: Manual of the Constitution, 201-230.
Baldwin: The American Judiciary, chs. I-VI.

Beard: American Government and Politics, ch. XV.
Bryce: The American Commonwealth (3d ed.), 228–260.
Fish: The Development of American Nationality, 128-133.
Forman: Advanced Civics, 147–161.

Garner: Government of the United States, ch. XVIII.
Garner: Introduction to Political Science, chs. III, X.
Guitteau: Government and Politics, ch. XXVIII.

Hart: Actual Government, ch. XVII.

Hinsdale American Government (4th ed.), 292-322.

Johnston and Woodburn: American Political History, 70-207. Kaye: Readings in Civil Government, 243-259.

Reinsch: Readings on the American Federal Government, ch.

VIII.

Wilson Constitutional Government in the United States, 142–

172.

be

Source Material and Supplementary Aids. Public Document No. 475. Any special decisions of the Supreme Court which may had from the clerk of the court at Washington, or by request of your congressman.

SUGGESTIVE QUESTIONS

1. Why is a federal judiciary absolutely necessary?

Name the judges of the

2. Name the different federal courts. Supreme Court. (See Congressional Directory.)

3. How is the country divided for judicial purposes? In what circuit do you live? Name states comprising it and judge of that circuit.

4. Who is your district court judge? When and where does he hold court? What is the principal work of the district court?

5. What is the duty of a United States district attorney? Of a United States marshal? Who holds those positions in your state? 6. What is meant by "constitutional " and " unconstitutional "? The courts may almost make our laws. How? Should they?

7. Should the Supreme Court ever reverse itself? Should dissenting minority opinions be given? Why?

8. Define the principal duties of each kind of federal court. 9. When and why are juries used in federal courts?

10. When may one appeal from state to federal courts?

II. Is it wise to let judges sit upon the Supreme bench after the age of seventy? Why?

12. Federal judges can only be removed by impeachment. Would a quicker, easier method be better? Why?

QUESTION FOR DEBATE

Resolved, That all federal judges should be elected by the people for a short term of years.

CHAPTER XIV

INTERSTATE RELATIONS AND RELATIONS BETWEEN THE NATION AND THE STATES

Article IV, Section 1.- Full faith and credit shall be given in each State to the public acts, records, and judicial proceedings of every other State. And the Congress may, by general laws, prescribe the manner in which such acts, records, and proceedings shall be proved and the effect thereof.

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Full Faith and Credit. Full faith and credit means that the same credit which a state itself gives to its public acts, records, and judicial proceedings must be given it by other states when properly proved. The public acts are the laws made by the state legislature. The records are all those authorized by law, including real estate records and legislative journals. Judicial proceedings are the judgments, orders, and proceedings of the courts. For example, if a person is sued in Kentucky, and a judgment is obtained against him, it may be enforced should he go into another state. This can be done by simply proving that a judgment was rendered against him. Congress has by law prescribed the methods of proving the records, acts, and proceedings by another state. Legislative acts are made authentic by being stamped with the state seal; court records, through the signature of the clerk and judge, and sometimes by a court seal.

Sec. 2, Clause 1. The citizens of each State shall be entitled to all privileges and immunities of citizens in the several States.

Rights of Citizens.- If a citizen living in one state moves into another, he is entitled to all the privileges enjoyed by the citizens of that state. He is, of course, subject to the law and local regulations of the new state, and he has no right to use the law of his former state as a rule for his conduct. The Constitution guarantees to every citizen in the Union the enjoyment of these rights. The privileges and immunities referred to are those fundamental in their character, such as the right to life, liberty, labor, and equality before the law. The right to vote is not embraced in this phrase. A citizen, prior to 1868, was not defined, and the question of free negroes caused trouble frequently. Amendment XIV makes clear who is a citizen.

Sec. 2, 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.

Fugitive Criminals. The authority of the state ceases beyond its boundary. The officer of one state has no right to go into another state and arrest a criminal. Neither has the state to which the criminal flees the power to try him for a crime committed in another state. When a person charged with a crime in one state flees into another, the executive of the state thereof "shall on demand from the executive authority of the state from which he fled” deliver him to the state having jurisdiction over the crime. States have power only to try crimes committed against their own laws. Without the constitutional protection offered in this clause, each state would be an asylum for criminals, and society would be subjected to great wrongs and many injustices. By treaty agreements, different nations surrender

criminals to each other under an arrangement known as "extradition.” The same term is used between our states for the surrender of fugitives from justice.

Steps in the Return of a Fugitive from Justice. 1. The governor of the state where the crime is committed makes requisition, based on affidavit or indictment distinctly charging the crime committed, on the governor of the state to which the criminal flees.

2. If the fugitive is arrested before the requisition is made, it is the duty of the governor of the state to which the accused has fled to order the fugitive turned over to the agents of the governor of the state having jurisdiction. If the fugitive has not been arrested at the time the requisition is made, it becomes the duty of the chief executive of the state to which the fugitive has fled to order his arrest and to deliver him to the agents of the state making this requisition.

3. The fugitive is taken back to the state having jurisdiction of his crime and is tried.

4. The person so arrested may at any time apply for a writ of habeas corpus to test whether he is lawfully held. The above is the regular method of procedure. Sometimes the governor of the state in which the arrest is made personally hears evidence before he honors the requisition. Whether he remands the prisoner to the state from which he is a fugitive is largely a matter of courtesy. The language of the Constitution is clearly mandatory, but it has no specifications of enforcement or penalty for nonenforcement. Hence the governor of no state can be forced to return a fugitive should he choose to protect him. Governors have occasionally refused to honor requisitions, giving as a reason for their actions the doubtfulness of

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