CHAPTER XI.

PERSONAL RIGHTS.

ARTICLE I.-DOMICILE.

1. No soldier shall, in time of peace, be quartered in any house without the consent of the owner; nor

2. In time of war, but in a manner to be prescribed by law. (85)

1. The place most sacred to every citizen is that one which he calls his home. In the language of the law books, a man's house is his castle. The enjoyment of it, uninterrupted, is among the most sacred of personal rights. Arbitrary rulers, even in time of peace, are prone to trespass on this right, and in the very mode here forbidden. The complaint is made in the Declaration of Independence, that the King of Great Britain has been guilty of quartering large bodies of armed troops among us.

2. But it may sometimes be necessary, not only for the protection of particular localities and districts, but perhaps for the protection of individual dwellings, that troops shall thus be temporarily quartered in time of war. This would not be regarded as an encroachment by any reasonable man, but rather as cause for gratitude to his country. That this right may not be abused by government officials, it must be done strictly according to law in such case made and provided.

ART. II. SECURITY.

1. The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated.

2. No warrant shall issue but upon probable cause, supported by oath or affirmation,

1st, Particularly describing the place to be searched; and, 2d, The person or things to be seized. (86)

This article is substantially an affirmation of a well-known principle of the common law. It had been the doctrine for

ages before this amendment was attached to the Constitution; but it was so frequently violated to suit the caprice of rulers and their pliant officials, that it had become reduced to a mere parchment theory. The requirements of this amendment are of the most reasonable character. Anything less would be inconsistent with American liberty. No warrant of a general character can be issued; or, if issued, it would be powerless for the arrest of a citizen or for the seizure of his property. To be valid, it must specify with reasonablę certainty the person or persons to be apprehended, or the things to be seized; and the warrant must be supported by oath or affirmation, so that, if false, the person at whose instance it is issued may be indicted and convicted of perjury.

ART. III. - JUDICIAL.

1. 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,—

Ist, In the land or naval forces; or,

2d, In the militia, when in actual service in time of war or public danger.

2. No person shall be subject for the same offense to be twice put in jeopardy of life and limb.

3. No one shall be deprived of life, liberty, or property, without due process of law.

4. Private property shall not be taken for public use without just compensation. (87)

1. A capital crime is one that subjects the offender to the penalty of death. An infamous crime is one that exposes the criminal to the abhorrence and detestation of mankind, and to ignominious punishment more or less severe. These crimes and punishments are of such grave character, that, before a person shall be exposed even to a trial for the one or a liability to the other, the most careful and deliberate steps must be taken. He must first be indicted by a grand jury.

2. An indictment is a written accusation or a forma. charge made against a person for the commission of a crime, and is made by a grand jury on oath. The proceedings of the grand jury are usually secret; the party accused not being called on to defend himself before them, nor even allowed the opportunity to do so. If they find a bill of indictment against him, they deliver it to the court under whose jurisdiction they are acting, when a warrant is issued for the arrest of the person so indicted. Before the court, he has an opportunity to defend himself on trial. A grand jury is a body of men, twenty-three in number, selected, according to the forms of law, to inquire in behalf of the people into the commission of any crimes within their county or district.

3. In the proceedings before a grand jury, witnesses are called by the attorney who acts for the people, and these witnesses testify as to what they know in reference to the grounds of any accusations which may be brought before the jury against any person. The prosecuting attorney draws the indictment according to the forms of law; and if twelve of the grand jury, after hearing the testimony, think there is sufficient evidence against the party accused to put him on his trial, the foreman of the jury indorses on the bill of indictment the words, a true bill," and signs his name under the indorsement.

66

4. If crimes are committed in the army or navy, or in the militia, when in actual service in time of war or public danger, there is another method of trying the criminal. It is done by court-martial or by military commission, without going through with the formalities of an indictment.

5. A person having been once tried for a crime, whether found guilty or not guilty, if the jury agree on a verdict at all, cannot be put on his trial a second time for the same offense. But this statement must be taken with the qualification that the accused does not himself apply for a new trial. If he applies for a new trial, and obtains it, in contemplation of law, the former trial, being one in which error has been

committed, is considered a mistrial, and is regarded as no trial: so a second trial on the same indictment, where the jury fails to agree on the first trial, is but a continuation of the trial.

6. Without due process of law, no person shall be deprived of life, liberty, or property. The first object of human government is protection of the citizen. This clause is inserted for the purpose of giving assurance that life, liberty, and property shall be held sacred in the eye of the law, and that the citizen shall not be deprived of either, except through all the forms and substance of the regular administration of justice.

7. But the public good, which is always paramount to private interests, often requires the appropriation of private property for the ends of government, or for the greater good of the greater number. Where the public interests require it, private property may be taken by rendering a just compensation. What is just compensation in such cases is to be ascertained by such process of investigation as shall be fixed by law. It may be necessary to project a railroad, a military road, or to construct a canal; or it may become necessary to appropriate private property for the support of an army. This may be done by authority of law, but not without just compensation to the owner of the property.

1. ACCUSATION.

ART. IV. - CRIMINAL ACTIONS.

The accused shall be informed of the nature and cause of the accusation.

2. TRIAL BY JURY.

public trial,

He shall enjoy the right to a speedy and

1st, By an impartial jury.

2d, The jury shall be of the State and district wherein the crime shall have been committed.

3d, The district shall have been previously ascertained by law. (88)

3. WITNESSES.

1st, No one shall be compelled in any criminal case to be a witness against himself. (87)

2d, He shall have compulsory process for obtaining witnesses in his favor.

3d, He shall be confronted by the witnesses against him. (88)

defense. (88)

5. BAIL. - Excessive bail shall not be required.

6. FINES. Excessive fines shall not be imposed.

7. PUNISHMENTS. - Cruel and unusual punishments shall not be inflicted. (90)

I. In this article is an outline of the rights of a person on trial for a criminal offense. In the first place, he is to be informed of the nature and cause of the accusation against him. This appears in the indictment, which is a written accusation made by the grand jury, on oath, at the suit of the government. The indictment must charge the time, place, and nature and circumstances, of the offense with clearness and certainty; giving the accused full and definite notice of the charge, so that he may make his defense with all reasonable knowledge and to the best of his ability.

2. The trial shall be speedy; that is, there shall be no unnecessary delay. This is for the convenience of the accused. Long delays may cause difficulty in obtaining witnesses, who may become scattered over the country, and located at remote points; and the prisoner may find it difficult to procure bail, and thus be subjected to protracted imprisonment waiting for his trial. The trial must be public, thereby insuring fairness and impartiality, as the proceedings are open to the inspection and criticisms of the community.

3. And the trial is by jury. This does not mean the grand jury, but another, called a petit jury, consisting of twelve good and lawful men, against whom, and each of whom, no valid and legal objection can be raised. This