Rights of Householders.-The sending of soldiers to private houses and requiring that they be lodged and fed, was once a common practice. This is one of the grievances set forth in the Declaration of Independence under the term quartering of soldiers. Congress must respect the home rights of every citizen. In time of peace, soldiers cannot be quartered in any house without the consent of the owner; nor can this be done in time of war, save in a manner prescribed by law. To secure the people against such intrusion is the object of the Third Amendment (Am. 3).

Security of Person, Home, and Personal Effects. It is provided that the right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures shall not be violated. It is a principle of common law that a man's house is his own castle. There could be no security of this kind if every man could, on mere pretense or suspicion of injury, obtain a warrant for arresting his neighbor, or for searching his premises and seizing his property. It is proper that a magistrate shall not issue a search warrant unless it shall appear, by the oath of the complainant, that there is probable cause. Even then, the persons and things to be seized and the place to be searched must be particularly described. Otherwise, innocent men might be subjected to much trouble, and unjust suspicion thrown upon their characters. Every citizen has the right to demand the authority by which an official act is done. An officer, or other person, who searches a place or seizes a person or things without a warrant, is guilty of a crime and can be punished (Am. 4).

Rights of Liberty and Life.-The rights set forth in the Fifth Amendment are common-law rights, and are founded upon just principles. Grand juries, as to general object, have been described on pp. 119-121. A grand jury in the courts

of the United States consists of not less than sixteen nor more than twenty-three men, drawn by lot. While this article remains as part of the Constitution, no person can be tried in a Federal Court for any serious offense without an indictment by a grand jury. But cases arising in the military and naval service, and in the militia in time of war, are tried in courtsmartial without such an indictment. The army and navy could not enforce their needed discipline by such a system, as in those branches there is a necessity for prompt punishment of offenses against military and naval rules. The Fifth Amendment further provides that after a fair and impartial trial and an acquittal, a person shall not be tried a second time for the same offense. Nor can the persons accused of crimes be compelled to testify against themselves, as many were once tortured into confession. No person can be deprived of life, liberty, or property by the United States government without due process of law. Private property cannot be taken for public uses without just compensation to the owners. The government may, however, exercise its right of eminent domain and compel an owner to accept an amount found as just compensation by commissioners appointed to estimate the value of the property (Am. 5).

Criminal Prosecutions. Certain other provisions necessary to secure to every citizen the rights of liberty and life are set forth in the Sixth Amendment. A person accused of crime has certainly a right to a speedy and public trial by an impartial jury. He has the right to be heard in self-defense or by counsel. In England, until recent times, the prisoner was not allowed to have a lawyer to help him make his defense. It is also essential to justice that the accused person should know the nature of the charges against him, that he may prepare his defense. He has also the right to be confronted by

the witnesses against him; to compel by process of law the attendance of unwilling witnesses; and to have the assistance of counsel for his defense even if he is too poor to employ a lawyer, in which case one is appointed by the court (Am. 6). The lynching peril may be removed if courts of justice will secure prompt trial of the accused. This crime seriously endangers the rights and liberties of the people.

Suits at Common Law.-The Seventh Amendment refers to civil suits, or suits concerning property, tried in the Federal Courts. The right to a trial by jury is granted wherever the value in controversy exceeds twenty dollars. Congress could pass a law that civil suits involving less than twenty dollars should be decided finally without a jury trial—say, by a United States commissioner. Such law has never been made, nor could Congress compel the settlement in this way of cases involving twenty dollars or more. According to the common law, when a case has once been tried by a jury, the judges in the appellate court can not reverse the facts in the case as determined by the jury. Decisions of the judge in a case may be reversed, if illegal, and a new trial ordered; but unless the judge in the lower court has made such mistakes, the appellate court can not change the verdict nor order a new trial. The common law allows the court before which the case is first tried to grant a new trial, both in civil and criminal cases, if the judge believes the verdict of the jury to be against the weight of evidence. A case may be carried to a higher court on a writ of error, or by an appeal. The first removes the case for reëxamination as regards the law, but not the fact. An appeal removes it for examination in both law and fact. In Louisiana alone, of all the States, is the common law unknown. The latter part of the Seventh Amendment states that if a fact tried before a jury in a

lower court is carried to a higher court, the reëxamination must be according to the rules of the common law (Am. 7).

Excessive Bail.-The object of bail and the manner in which it is given have been stated on pp. 219-220. Without the restriction made in the Eighth Amendment, the sum might be made so high as to prevent persons accused of crime from securing the necessary sureties; whereby innocent persons might be subjected to long imprisonment before the day of trial. It is therefore properly left to the court to fix the amount of bail, which should correspond to the degree of the offense. Courts have the same discretion as to the measure of fines and punishments. Cruel and unusual punishments are forbidden. Hanging, although cruel, was not unusual at the time of the adoption of the Constitution; and electrocution, although an unusual punishment, gives no evidence of being also a cruel punishment (Am. 8).

Reserved Rights. There were persons who feared that, because the Constitution mentions certain rights as belonging to the people, those not mentioned might be considered as surrendered to the general government. An amendment was inserted to prevent such a misconstruction of the Constitution (Am. 9).

A Very Important Clause.-The Tenth Amendment is similar to the preceding, and sets forth that the powers which the Constitution has not given to the Federal government, nor prohibited the States from exercising, are reserved by the States or by the people (Am. 10). But, as may be seen on pp. 261-263, the National Government has certain implied powers in addition to those expressly given in the Constitution. Although there is nothing in the Constitution on the question of annexing territory, yet under Jefferson in 1803, Louisiana was purchased from France and promptly in

corporated. During the Civil War, Congress and President Lincoln took action in many cases which seemed to them of doubtful constitutionality, while such actions were essential to the successful conclusion of the war. The Union must be preserved at all hazards. The Federal Courts have held, in the case of officers whose important duties are strictly defined, that the authority to do an act carries with it the power to use such means as are necessary for the accomplishment of that end. And this amendment should be construed in that spirit.

Individuals Cannot Sue States in Federal Courts.-The Eleventh Amendment was proposed at the first session of the third Congress, March 5, 1794, and its ratification by the proper number of States was announced to Congress by a message January 8, 1798. This amendment prohibits a Federal Court from trying any suit in law or equity commenced or prosecuted against one of the States by citizens of another State, or by citizens or subjects of any foreign country. This is intended to prevent a State from being sued in an original suit by a private person a citizen of another State. A suit may be brought in the courts of the State, but there is no way to compel payment of claims. Some States have taken advantage of this amendment to repudiate their bonds, and this article has prevented the owners from suing the States in the Federal Courts.

The passage of the Eleventh Amendment was largely due to the dissatisfaction aroused by the decision rendered by the Supreme Court of the United States in the case of Chisholm vs. The State of Georgia. A sovereign State had been sued in an original suit, and dragged into court by a private plaintiff. The Eleventh Amendment denies the right of a citizen to sue a State without its own consent. Many State