By Article III, Section II, Clause 3, it is provided that " 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."

By the Sixth Amendment, this requirement of a jury is repeated and the additional conditions imposed that the trial of persons accused of crime shall be speedy and public, the jury an impartial one, selected from the State and district wherein the crimes shall have been committed, which district shall have been previously ascertained by law, and that the accused shall be informed of the nature and cause of the accusation, be confronted with the witnesses against him, have compulsory process for obtaining witnesses in his favor, and have the assistance of counsel for his defense.

The relation between this Amendment, and the third clause of Section II of Article III is, as stated in Callan v. Wilson,37 that in the latter are enumerated, ex abundanti cautela, the rights to which, according to settled rules of common law, the accused is entitled.18

Offenses committed outside the jurisdiction of a State are not local, but may be tried at such places as may be designated by Congress.

17 127 U. S. 540; 8 Sup. Ct. Rep. 1301; 32 L. ed. 223. 18 Cf. Story, Commentaries, § 1791.

In the first crimes act of April 30, 1790, it was provided that "the trial of crimes committed on the high seas, or in any place out of the jurisdiction of any particular State, shall be in the district where the offender is apprehended, or into which he may first be brought." In other words, the provisions of the Sixth Amendment were held by Congress to apply only to crimes committed within a State and within its jurisdiction.19