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The trial of all crimes, except in cases of impeachment, shall be by jury; and such trial shall be held in the State where the said crimes shall have been committed.

In section 3 of the same article it was provided that—

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.

This feature of the confiscation act, passed by the Congress of the United States, provided for the punishment of the owner of property, on the proof of the crime, but excluded the trial by jury, and made the forfeiture of the property absolute instead of a forfeiture for life. Heavy fines were imposed, and property was sold in fee. The property to which the act applied was not a prize under the law of nations, nor booty, nor contraband of war, nor enforced military contributions, nor used or employed in the war or in resistance to the laws. It was private property, outside of the conflict of arms, and forfeited, not because it was the instrument of offense, but as a penalty for the assertion of his rights by the owner, which was imputed to him as a crime. Such proceeding was, in effect, punishment by the forfeiture of a man's entire estate, real and personal, without trial by jury, and in utter disregard of the provisions of the Constitution. It was an attempt to get a man's property, real and personal, ‘silver spoons’ included, into a prize court, to be tried by the laws of war.

It will be seen that we were treated by the Congress of the United States as holding the twofold relations of enemies and traitors, and that they used against us all the instruments of war, and all the penalties of municipal law which made the punishment of treason death. The practical operation, therefore, of these laws was that, under a Constitution which defined treason to consist in levying war against the United States, which would not suffer the traitor to be condemned except by the judgment of his peers, and, when condemned, would not forfeit his estate except during his life, the government of the United States did proceed against six million people, without indictment, without trial by jury, without the proof of two witnesses, did adjudge our six millions of people guilty of treason in levying war, and decree to deprive us of all our estate, real and personal, for life, and in fee, being nearly five thousand million dollars. And, after we had been thus punished, without trial by jury, and by the loss in fee of our whole estate, the government of the United States assumed the power, on the same charge of levying war, to try us and to hang us.

The first object to be secured by this act of confiscation was the

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