shall any soldier in time of peace be quartered in private houses without the consent of the owner.

Forbidden Laws.-That no ex post facto law, no law impairing the obligation of contracts, nor any bill of attainder shall be passed; that there shall be no special laws in certain specified cases.

Rights of Accused Persons.-(a) Before trial. That no unwarranted searches or seizures shall be made; that, except in capital offenses, the accused shall, while awaiting trial, be bailable, that, except in minor cases, a person shall not be held to answer for a criminal offense unless on the presentment or indictment of a grand jury. (b) On trial.

That the accused person shall have a speedy and public trial in the district where the crime was committed; that trial by jury shall remain inviolable; that the accused shall be informed of the nature of the charge against him; that he shall be confronted with the witnesses against him; that he may be heard in his own defense and shall have the benefit of counsel in his behalf, that he shall not be required to witness against himself; that he shall have compulsory process to compel the attendance of witnesses in his behalf; that he shall not be deprived of life, liberty or property without due process of law (e) After trial. That no cruel or unusual punishment shall be inflicted; that no one shall twice be placed in jeopardy for the same offense.

Rights not enumerated.-There is usually a final statement that the enumeration of the above rights shall not be construed to deny or impair others inherent in the people.

COMMENTS ON THE ABOVE.

The rights above enumerated are among those which to us in America to-day seem almost matters of course.

It seems strange that any one ever seriously questioned the fairness or the justice of the claims there set forth. But in enumerating them we are treading on sacred ground. Their establishment cost our ancestors hundreds of years of struggle against arbitrary power, in which they gave freely of their blood and treasure.

Many of these rights are guaranteed in the constitution of the United States, but only as against the general government. That they may not be invaded by the state government, the people have reserved them in the state constitutions.

Pertinent Questions.

In what sense are all men created equal? Is there anything in good blood? What was meant by the "divine right" of kings to ruie?

Could a Mormon practice polygamy in this state, it being part of his religious creed? Why? Can an atheist give evidence in court?

What constitutes libel? Slander?

On what basis may a mob be dispersed? petition have you known?

What is a general warrant? A passport? corpus be suspended in time of war.

What cases of

Why may habeas

Give instances of private property taken for public use. What is meant by feudal tenure? How long a lease of agricultural lands may be given in this state? How about business property in a city?

May a person lawfully carry a revolver in his pocket? Why? What is meant by the military being subordinate to the civil power? Which outranks, the secretary of war or the general of the army? Why should the statement be made about quartering soldiers, in view of the preceding statement?

What is meant by an ex post facto law? Why forbidden? May a law be passed legalizing an act which was performed as a matter of necessity but without authority?

What is to hinder an enemy of yours from having you arrested and cast into prison and kept there a long time? What is the purpose of bail? Why regarded as an important element of liberty? Why should å grand jury have to indict a person who has been examined and held for trial by a justice of the peace? Does a prisoner charged with murder or other high crime remain in handcuffs during his trial? Name the three or four most important guarantees to an accused person. Why are so many provisions made in his behalf?

If a ruler should wish to subvert the liberties of a people used to these guarantees, where would he begin?

What are some of the advantages possessed by a written constitution over an unwritten one? Of an unwritten over a written one? Is any part of our constitution unwritten?

CHAPTER XI.

DEPARTMENTS OF GOVERNMENT.

Regulations and Laws.-When the school officers, acting for the people of the district, state formally what may and what may not be done by teachers and pupils, the formal expressions of governing will are called rules and regulations. Similar expressions by the town, village, city, or county authorities are called ordinances or by-laws. But when the state expresses its will through the regular channels, the formal expression is called a law.

The Three Departments of Government.-After a law is made it needs to be carried into effect. Incidentally questions will come up as to its meaning and application. Government, then, has three great functions or powers with regard to law.

In our government, and to a greater or less extent in all free countries, these powers are vested in three distinct sets of persons. If one person or group of persons could make the laws, interpret them, and enforce obedience to them as interpreted, the power of such person or persons would be unlimited, and unlimited power begets tyranny. One of the purposes of a constitution is to limit the power of the government within its proper sphere, and to prevent misuse of authority; and this organization of the government in three departments, each acting independently so far

as may be, and acting as a check upon the others, is one of the modes of limitation.

The law-making, the law-interpreting, and the lawenforcing departments are called respectively the legislative, the judicial, and the executive departments.

CHAPTER XII.

THE LEGISLATIVE DEPARTMENT.

Bicameral System.-The legislature of every state consists of two chambers or houses. The reason for this is that during colonial times most of the legislatures consisted of two houses, the governor's council and the representative assembly. Then on becoming states, each of the "old thirteen," except Pennsylvania, organized bicameral legislatures. And the new states, being largely settled by people from the older states, naturally followed their example. The structure of congress has also had much influence.

The advantages to be derived from having two houses are numerous. Perhaps the only one which it would be wise to mention here is that it tends to prevent hasty legislation, because under this arrangement a bill must be considered at least twice before passage.

Apportionment.-As the population of a state is changeful, the constitution does not usually specify the number of members to compose each house. This is determined, within certain limitations imposed in the constitution, by the legislature itself. A re-apportionment is usually madc every five years, after a census by the state or general government. The number of senators usually ranges between thirty and fifty; that of representatives from seventy-five to one hundred and fifty.

Meeting. The legislature meets biennially in most of the states. People are beginning to understand that they may suffer from an excess of legislation. Some of the English kings used to try to run the government without parliament, and frequent sessions of parliament were then demanded as a protection to popular rights. Hence our forefathers instinctively favored frequent sessions of the legislature. But such necessity no longer exists, and for many reasons the states have with a few exceptions changed from annual to biennial sessions.*

Election.-Senators and representatives are both elected by the people. In some cases the states are divided into senatorial and representative districts in such a way that each elects one senator and one representative, the senate districts being of course the larger. In other cases, the state is divided into senate districts only, and each senate district chooses one senator and an assigned number of representatives. The former plan prevails in Wisconsin, for instance, and the latter in Minnesota. The number of representatives chosen in a senatorial district varies from one to half a dozen, dependent upon population. Illinois has a peculiar, and it would seem an excellent, plan. The state is divided on the basis of population into fifty-one parts as nearly equal as possible. Each of these districts may elect one senator and three representatives. In voting for representatives, a person may if he chooses mass his three votes on one candidate, or give them to two or three. The purpose is to enable a party in the minority by massing their votes to secure some representation.

Term. The length of term of legislators usually

* Extra sessions may be called by the governor.