II.30. Treason and Descent of Estates
Text
Constitution of Montana -- Article II -- DECLARATION OF RIGHTS. Section 30. Treason and descent of estates. Treason against the state shall consist only in levying war against it, or in adhering to its enemies, giving them aid and comfort; no person shall be convicted of treason except on the testimony of two witnesses to the same overt act, or on his confession in open court; no person shall be attainted of treason or felony by the legislature; no conviction shall cause the loss of property to the relatives or heirs of the convicted. The estates of suicides shall descend or vest as in cases of natural death..https://leg.mt.gov/bills/mca/title_0000/article_0020/part_0010/section_0300/0000-0020-0010-0300.html
History
Sources
Textual Precedents
1884 Proposed Montana State Constitution
PROPOSED 1884 MONTANA STATE CONSTITUTION, ARTICLE I, SECTION 9: That treason against the State shall consist only in levying war against it, or in adhering to its enemies, giving them aid and comfort; that no person shall be convicted of treason, except on the testimony of two witnesses to the same overt act, or on his confession in open court; that no person shall be attainted of treason or felony by the Legislative Assembly; that no conviction shall work corruption of blood or forfeiture of estate; that the estates of persons who may destroy their own lives shall descend or vest as in cases of natural death.See, e.g., Proposed 1884 Mont. Const. art. I, § 9, available at https://archive.org/details/montanaconstitutmontrich/page/4
1889 Montana State Constitution
Adopted 1889 text was nearly Identical to proposed 1884 text, stylistic modifications (such as elimination of "that" prefacing multiple phrases, and punctuation changes). Adopted 1972 text removed "corruption of blood" as it was deemed "obscene," and language was modified to “no conviction shall cause the loss of property to the relatives or heirs of the convicted.”
1889 MONTANA STATE CONSTITUTION, ARTICLE III, SECTION 9: Treason against the state shall consist only in levying war against it, or in adhering to its enemies, giving them aid and comfort; no person shall be convicted of treason except on the testimony of two witnesses to the same over act, or on this confession in open court; no person shall be attainted of treason or felony by the Legislative Assembly; no conviction shall work corruption of blood or forfeiture of estate; the estates of persons who may destroy their own lives shall descend or vest as in cases of natural death. See 1889 Montana Constitution, art. III, § 9, available at https://courts.mt.gov/portals/189/library/docs/1889cons.pdf
(Federal) Constitution of the United States of America
The Federal Constitution provides no similar explicit provision."Ronald K. L. Collins has noted seventeen provisions of Montana's Declaration of Rights (Article II, sections 1-35 of the Montana Constitution) that have no parallel in the Bill of Rights of the U.S. Constitution: [...] 30 (treason and descent of estate)" LARRY M. ELISON & FRITZ SNYDER, THE MONTANA STATE CONSTITUTION: A REFERENCE GUIDE 20 (G. Alan Tarr, ed., 2001)).
Contextual Precedents
Drafting
Proposal
1972 Montana Constitutional Convention
Committee Reports: Proposal 8 Section 30.
Delegate Proposal: During the Convention, the delegation moved systematically through the proposed provisions. Mont. Const. art. II § 30 was discussed on March 9, 1972. Delegate Blaylock moved for adoption under Proposal 8,Committee proposals are found in 1 CONVENTION RECORD, at 333- 544, and 2 MONTANA CONSTITUTIONAL CONVENTION TRANSCRIPTS, at 547-836 (1982). which recommended some stylistic and linguistic modifications to the provision. Text.See 6 Montana Constitution Verbatim Transcript 1828, available at https://courts.mt.gov/portals/189/library/mt_cons_convention/vol6.pdf
Debate
The provision was passed without much discussion, though questions were raised by Delegate Harper as to the mechanics of committing treason against the State of Montana. See Montana Constitution Verbatim Transcript 1828-29, available at https://courts.mt.gov/portals/189/library/mt_cons_convention/vol6.pdf. Delegate Harper pointed out that the State of Montana was not permitted to declare itself sovereign, presumably by virtue of the Civil War (while the Civil War reference is implied, it is not discussed outright). Delegate Blaylock proposed that anyone storming Helena and removing the seat of the Montana State Government might be guilty of treason. No modifications or amendments were proposed. See 6 Montana Constitution Verbatim Transcript 1829, available at https://courts.mt.gov/portals/189/library/mt_cons_convention/vol6.pdf
Adoption
The Delegates adopted the provision unanimously thereafter. See 6 Montana Constitution Verbatim Transcript 1829, available at https://courts.mt.gov/portals/189/library/mt_cons_convention/vol6.pdf