ARTICLE II.

RIGHT TO BEAR ARMS.

A well-regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed.

The subject of the militia has been discussed in another part of this volume. This amendment must not be construed to give individuals the right to carry concealed weapons. Such a practice is considered a dangerous one, and it is made a misdemeanor by most of the states.

ARTICLE III.

QUARTERING SOLDIERS.

No soldier shall, in time of peace, be quartered in any house without the consent of the owner; nor in time of war, but in a manner prescribed by law.

Civil Powers Supreme. The "quartering act," passed by parliament, aroused the anger of the people of Massachusetts in the days preceding the Revolution. It is no wonder that the people desired to be secure against military interference in either peace or war. As we are not a warlike people, it has always been the policy of the government to make the military subordinate to the civil power.

ARTICLE IV.

SECURITY AGAINST UNWARRANTED SEARCHES.

The right of people to be secure in their persons, houses, papers, and effects, against unreasonable searches, and seizures, shall not be violated; and no warrants shall issue but upon probable cause, supported by oath or affirmation, and particu

larly describing the place to be searched, and the persons or things to be seized.

Purpose. This article is also the result of the arbitrary rule of the British government over the American colonies. For many years preceding the revolution, revenue officers were sent to the colonies to collect duties on imported goods and to prevent smuggling. These officers were provided with general search warrants, which empowered them to search wherever they chose for goods. that they thought had not been brought into the country according to law.

"Writs of Assistance.”—To make this law more obnoxious, parliament passed a law authorizing "Writs of Assistance." These writs, in the hands of revenue collectors, authorized them to call to their assistance any persons they chose to aid in making their searches and seizures. If a colonist refused to render aid, when requested to do so by a revenue officer, he was liable to be arrested and sent to England for trial.

Search Warrant.-If a person suspects that property which has been stolen from him is secreted in a certain place, he may go before a justice of the peace or other similar officer and swear out a search warrant. That is, he must take oath that he has good reason to believe that the missing property is there secreted. The search warrant will be placed in the hands of a sheriff or constable, and the search made as authorized by the warrant. General search warrants are prohibited by this amendment.

ARTICLE V.

LIFE, LIBERTY, AND PROPERTY.

No person shall be held to answer for a capital or otherwise infamous crime unless on a presentment or indictment of

a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war, or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use without just compensation.

Purpose. This article applies to all the states, as well as to cases arising under United States law. Nearly all the states have incorporated this amendment in their constitutions. Offenses in the army, navy, and militia are punished by court martial.

In

Persons Accused.-When a person accused of crime has been convicted and punished for the offense, he cannot be required to submit to another trial or punishment. case of a disagreement of a jury, the person accused will be held for a second trial. It is a wise provision that grants to a person accused of crime the right to remain silent, if he chooses. This is on the principle that every person charged with crime is considered innocent until he has been proved guilty.

Property Condemned.-The right to a fair and impartial trial is also assured to every criminal, and in civil cases, property cannot be seized to satisfy debts or judgments, without due process of law. It sometimes becomes necessary to convert private property to the use of the pubProperty thus taken is said to be condemned, and this can be done only by awarding to the owner just compensa. tion for the property seized.

lic.

ARTICLE VI.

RIGHTS OF PERSONS ACCUSED.

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial by an impartial jury of the

state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor; and to have the assistance of counsel for his defense.

Fair Trial. It will be seen that it is the purpose of the constitution to give every person accused of crime the benefit of any reasonable doubt as to his guilt, and also to put him to as little inconvenience as possible in submitting to a trial. Not every person accused of crime is found guilty, and it is intended that innocent persons shall not be made to suffer for offenses committed by others.

Judicial Districts. The districts referred to are designated by congress or by the state legislature. Iowa is separated into two United States judicial districts-northern and southern-and violators of the laws of congress are tried in the district in which the offense is committed. Each county is a district for judicial purposes in most of the states for the enforcement of state law.

Rights of Accused.-A person accused of crime must be informed of the nature of the offense, and he must also be confronted by the witnesses against him. Witnesses summoned in behalf of a person accused of crime are compelled to attend the trial, and counsel for the accused is also provided-at the expense of the state, if necessary. No pains will be spared to enable a person to show himself to be innocent of the crime with which he is charged, if it can be done.

JURY TRIAL IN COMMON-LAW SUITS.

In suits at common law, where the amount in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved; and no fact tried by a jury shall be otherwise re-examined in any court of the United States, than according to the rules of common law.

Civil Suits. This doubtless is intended to apply to civil suits, and to any other cases not specially designated by preceding amendments. In the trial of any case, the judge or justice interprets the law as he understands it, and the jury arrives at the facts in the case, so far as they are brought out by the evidence. A new trial may be held before the same court for good cause shown. In the hearing of a case before a higher court on appeal, the facts, as shown in the lower court may be examined for the purpose of determining whether the court's rulings have been properly made, and whether the law in the case has been properly applied, or not.

ARTICLE VIII.

EXCESSIVE BAILS, FINES, AND PUNISHMENTS FORBIDDEN.

Excessive bail shall not be required, nor excessive fines

imposed, nor cruel and unusual punishments inflicted.