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the States for ratification so many people objected to the omission that the leading statesmen of the country promised to have the matter remedied as soon as the new government would be in operation.

The State constitutions, too, as a rule, contain a bill of rights. Virginia's first constitution, made just before the Declaration of Independence, was the pioneer in this matter.

It should be borne in mind that the "Bill of Rights" in the Federal Constitution does not lay restrictions on the States, but on the United States. In the Girard College case the Supreme Court said, in reference to the provision of his will that no minister of the Gospel should ever be admitted to the grounds, that the validity of such a rule depended on "what the State constitutions and laws and decisions necessarily required."

ARTICLE I.-RELIGION, SPEECH, THE PRESS, AND PETITIONS

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

157. Freedom of Religion.-This cannot be had where there is a state church; for the people that do not belong to it may nevertheless be taxed to support it, while its members are thereby favored. A taxpayer might thus be induced to join the state church against his preference. There is also danger that "an establishment of religion" may interfere with the free exercise of religion in other ways. This amendment does not serve as justification

for a crime, on the ground that it was committed in accordance with a religious belief.

158. Freedom of Speech and the Press.-These cherished liberties do not imply that one cannot be punished for slander and libel. Only so long as what is said or printed does not result in crime or damage is freedom guaranteed. The Alien and Sedition laws were considered by many people to be a violation of the freedom of speech and of the press.

ARTICLE II.-THE 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.

159. The Right Important. If the people were deprived of the right to keep and bear arms they would be lacking in preparation for war. Furthermore, it used to be a favorite means with arbitrary rulers to enslave their subjects by forbidding the keeping and bearing of arms. But while a person may go about in our country with a gun or other deadly weapon in the hand, he is not allowed to carry concealed deadly weapons. However, this is not forbidden by Congress, but by 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 to be prescribed by law.

ARTICLE IV.-THE RIGHT TO SEARCH

The right of the 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, sup ported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

160. "A Man's House is His Castle."-A castle is a fortified house; but a man's house nowadays is not fortified. The law is now the wall that surrounds a man's house.

The right to search is most frequently exercised by the Federal Government in the execution of its revenue laws. A "reasonable search" is one made, for instance, for stolen goods, for goods attached for debt, for dutiable articles, and for a person liable to arrest. But no search for goods can be made on a man's premises without a search warrant; nor for a person without a warrant for his arrest.

ARTICLES V AND VI.-RIGHTS OF PERSONS ACCUSED OF CRIME

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.

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.

161. The Accused Innocent Until Proven Guilty.-The numerous safeguards thrown around a person accused of crime are all based on the principle that he is supposed to be innocent until proven guilty. The law does not presume him guilty and make him prove his innocence. Therefore he can be tried only after a grand jury examines the evidence against him and decides that it is sufficient to hold him for trial.

162. "Infamous Crime."-A test of an infamous crime other than a capital crime is found in the fact that the punishment is for a term of years at hard labor, but the practice is for the United States grand juries to act on all crimes submitted to them.

163. "Without Due Process of Law."-In the court these words have reference to the rules and principles established by custom and law for the protection and enforcement of private rights. A person sentenced to imprisonment for an infamous crime without having been presented or indicted by a grand jury is deprived of his liberty "without due process of law." The seizure of a man's private books and papers, thus compelling him to be a witness against himself, is also a violation of "due process of law." A tax law that is not uniform, requiring one person to pay more than another proportionately, is taking property without "due process of law." The so-called "lynch law" is a most flagrant violation of the legal process of depriving a man of his life.

ARTICLE VII.-JURY TRIAL IN CIVIL SUITS

In suits at common law, where the value 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 reëxamined in any

court of the United States, than according to the rules of the common law.

164. Suits at Common Law."-Herein are embraced "all suits which are not of equity and admiralty jurisdiction." In Clause 3, Section 2, Article III, it says that "the trial of all crimes, except in cases of impeachment, shall be by jury." For fear that this provision would be construed so as to exclude civil cases from trial by jury the Seventh Amendment was added.

165. "The Rules of the Common Law" in Appeals.By the common law a higher court can reverse decisions of a lower court only when errors in the law have been committed. The facts, or the evidence, if appearing out of reason with the verdict of the jury, must be reëxamined in the lower court by means of a new trial.

ARTICLE VIII.-EXCESSIVE BAIL, FINES, ETC.

Excessive bail shall not be required nor excessive fines imposed, nor cruel and unusual punishments inflicted.

166. What is Excessive.-The amount of bail depends on the gravity of the crime, the means of the prisoner, and the minimum fixed by law. Excessive bail defeats the very purpose of bail, which is not to treat the prisoner as guilty before he has been convicted. Excessive fines, especially in lieu of imprisonment, are equally unjust and burdensome.

167. “Cruel and Unusual Punishments."-Cruelty in punishment is difficult to determine. Torturing and maiming are now universally agreed to be cruel; flogging is not. However, flogging is unusual. When a punish

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