Page:The Green Bag (1889–1914), Volume 06.pdf/407

icent ends of its institution, resolved, etc. value in controversy shall exceed twenty dollars, The following articles were then proposed, the right of trial by jury shall be preserved; and and were subsequently ratified by the no fact, tried by jury, shall be otherwise re examined in any court of the United States than states : — according to the rules of the common law. Article 1. Congress shall make no law re Art. 8. Excessive bail shall not be required, specting an establishment of religion, or pro hibiting the free exercise thereof, or abridging nor excessive fines imposed, nor cruel and un the freedom of speech or of the press; or the usual punishments inflicted. Art. 9. The enumeration in the Constitution right of the people peaceably to assemble, and to of certain rights shall not be construed to deny petition the government for a redressof grievances. or disparage others retained by the people. Art. 2. A well-regulated militia being neces Art. 10. The powers not delegated to the sary to the security of a free State, the right of United States by the Constitution, nor prohibited the people to keep and bear arms shall not be by it to the States, are reserved to the State re infringed. spectively, or to the people. Art. 3. No soldier shall, in time of peace, be quartered in any house without the consent of The first time the question, whether the the owner; nor in time of war, but in a manner above amendments were restrictions upon to be prescribed by law. the States or only upon the United States, Art. 4. The right of the people to be secure, came before the courts, was in New York, in their persons, houses, papers, and effects, in the year A. D. 1820.1 Chief Justice against unreasonable searches and seizures, shall Spencer, in speaking of that part of the fifth not be violated; and no warrant shall issue but article of the amendments, which reads, upon probable cause, supported by oath or affir " Nor shall any person be subject, for the mation, and particularly describing the place to same offense, to be twice put in jeopardy of be searched, and the persons or things to be life or limb," says, " I am inclined to the seized. Art. 5. No person shall be held to answer opinion that the article in question does ex for a capital or otherwise infamous crime, unless tend to all judicial tribunals in the United on a presentment or indictment of a grand jury, States, whether constituted by the Congress except in cases arising in the land or naval forces, of the United Stat s or the individual States. or in the militia, when in actual service, in time The provision is general in its nature, and of war or public danger; nor shall any person be unrestricted in its terms; and the sixth subject, for the same offense, to be twice put in article of the Constitution declares that the jeopardy of life or limb; nor shall be compelled, Constitution shall be the supreme law of the in any criminal case, to be a witness against him land, and the judges in every State shall be self, nor be deprived of life, liberty, or property, bound thereby, anything in the constitution without due process of law; nor shall private or laws of any State to the contrary notwith property be taken for public use without just standing." This apparently seemed to be compensation. sound law, and in Mississippi, A. D. 1823,1 Art. 6. In all criminal prosecutions, the ac cused shall enjoy the right to a speedy and public Justice Ellis, deciding the same question, trial, by an impartial jury of the State and dis says, " It was properly admitted in argu trict wherein the crime shall have been com ment that this provision of the Constitution mitted, which district shall have been previously was binding in the United States, as well as ascertained by law; and to be informed of the the State courts of the Union, for I take it, nature and cause of the accusation; to be con it has never been questioned but that the fronted with the witnesses against him; to have Constitution of the United States is the compulsory process for obtaining witnesses in his paramount law of the land, any law, usage favor; and to have the assistance of counsel for his defense. 1 People v. Goodwin, 18 Johnson, 187. Art. 7. In suits at common law, where the 2 State v. Moor, Walker, 134.