e
State courts had no jurisdiction of such suits. Assuming for the
purposes of the case that the treble damage provision, was "penal" in
nature, Justice Black for a unanimous Court proceeded to lay to rest the
principle that a State court is not bound to enforce federal criminal
law as an assumption flying "in the face of the fact that the States of
the Union constitute a nation" and one which disregarded the supremacy
clause. Justice Black also pointed to early acts of Congress and early
decisions of the Supreme Court as establishing the rule that "State
courts do not bear the same relation to the United States as they do to
foreign countries."[720] The Prigg case, though not overruled expressly,
was ignored save for its citation in a footnote.[721]

RIGHT OF FOREIGN CORPORATIONS TO RESORT TO FEDERAL COURTS

In a series of cases the Court has been called upon to adjudicate
between the power of a State to exclude foreign corporations from doing
a purely domestic business within its borders and the right of such
foreign corporations to resort to the federal courts. After deciding
first one way and then the other, on the basis of some highly refined
distinctions,[722] it finally, in 1922, came out unqualifiedly for the
latter right. This was in Terral _v._ Burke Construction Co.,[723] in
which an Arkansas statute requiring the cancellation of the license of a
foreign corporation to do business in the State, upon notice that such
corporation had removed a case to a federal court, was pronounced void.
At the same time all contrary decisions were explicitly overruled.

Clause 3. 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; but when not committed within any
State, the Trial shall be at such Place or Places as the Congress may by
Law have directed. _See_ Amendment VI, pp. 878-881.

Section 3. Treason against the United States, shall consist
only in levying War against them, or in adhering to their Enemies,
giving them Aid and Comfort. 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.

Treason

The provisions and phraseology of this section are derived from the
English Statute of Treasons enacted in 1351, in the reign of Edward
III,[724] as an expression of grievance against the application of the
doctrine of