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other support from government than protection in its free exercise. This it requires; and religious liberty cannot be said to exist, where the laws merely tolerate religion, but do not, by penal sanctions, protect men in the exercise of its duties.
418. Freedom of speech, and of the press, is equally necessary to the existence of a free state. The most odious restrictions had been, in many countries, laid upon the press. It was regulated by prohibitions and licenses from the government. New publications were not allowed to be issued, until they had been approved by licensers. But as such restrictions were deemed incompatible with all just ideas of freedom, the liberty of the press and of speech was guarantied to every citizen; ha being amenable to the laws for the abuse of this liberty.
419. Of the restrictions remaining unnoticed, is that which preserves to citizens the right of trial by jury. This right is enjoyed in all criminal prosecutions, and in suits at common- law, where the value in controversy shall exceed twenty dollars; and is secured by the 5th, 6th and 7th articles of amendment.
420. The institution of trial by jury, is derived from the English lavvs. Trial by jury was recognized in criminal suits in England, as early as about the beginning of the twelfth century; but in civil suits it seems not to have reached its present form, until near the middle of the thirteenth century. The jury system, in its present improved state, is justly considered the " great palladium of liberty." It was one of the most distinguished privileges enjoyed under the British constitution; for, as every one was tried by his peers, the meanest subject was as spfe as the greatest. It was regarded by the colonists, as the most valuable civil privilege which they, as British subjects, possessed; and the infringement of this right constituted one of the grievances enumerated in the declaration of independence, as justifying the revolution.
religions liberty? 418. How was the liberty of the press formerly restricted in some countries? 419. How far does the right of trial by jury extend? 420. Whence is this right derived? What con
421. A jury usually consists of twelve men, (in soms cases of a greater number,) who are sworn to deliver a truth upon such evidence as shall be delivered to them, touching the matter in question. No person can be put on trial for a crime, until a grand jury shall have declared, after hearing the evidence against him, that he ought to be tried. Such declaration is founded upon the presumption that he is guilty. He is then put upon trial; and the unanimous verdict of a jury of twelve men, (called a petit jury,) is necessary to convict him. A twofold security to the liberties of the people, is provided by this mode of trial in criminal cases.
422. In some of the states in the union, parties to civil suits, in which the damage claimed is less than twenty dollars, are not allowed the privilege of juries. It ha* been well remarked, " it is the must transcendent privilege which any subject can enjoy, or wish for, that he cannot be affected either in his property, his liberty, or his person, but by the unanimous consent of twelve of his neighbors and equals."
Restrictions on the. Pmcers of the States.
423. No state may enter into any treaty, alliance or confederation; grant letters of.marque and reprisat; coin money; emit bills of credit; make any thing but gold and silver coin a tender in payment of debts; pass any bill of attainder, ex post facto law, or law impairing the obligation of contracts; or grant any title of nobility.
Bideration renders this privilege valuable? 421. Of what does a jury consist! What are the duties of a jury? 422. How is the right of trial by jury restricted in some states? 423. What restrictions are imposed upon the slates? 424. Why were the stales pro
424. The restrictions which are here and elsewhere imposed upon the states, are indispensably necessary to secure to the country the blessings of union. Were every state at liberty to enter into treaties or alliances with foreign states, or with other members of the union, it is easy to foresee the evils and dangers that would result from such an exercise of this power. And with the power to grant letters of marque and reprisal, a state might involve the whole union in war, as this measure is usually followed by open hostilities.
425. To avoid the inconveniences that would arise from coins so various in value as might be expected if each state were permitted to coin money, and to regulate its value, this power was prohibited to the states, and granted exclusively to congress.
426. Bills of credit are declared to mean promissory notes, or bills issued exclusively on the credit of the state, and which the faith of the state only is pledged to pay. The prohibition does not, therefore, apply to the notes of a state bank, drawn on the credit of a particular fund set apart for the purpose. The losses sustained previously to the adoption of the constitution, from the effects of paper money, rendered this restriction upon the powers of the states necessary; while the fluctuations in the value of paper money seemed to require that gold and silver only should be made a tender in payment of debts.
427. Laws impairing the obligation of contracts aro inconsistent with the secure enjoyment of the right of property, and the fundamental principles of the social contract. The power to pass such laws is therefore properly prohibited to the states. A state legislature may alter or modify public corporations, such as counties, towns and cities, provided the property therein be secured to those who originally possessed it; but such legislature
hibited from entering into treaties or alliances? and from granting letters of marque and reprisall 4;;5. Why are ih«y prohibited from coining money? 426. What are bills of creilii? Why ara the states restrained from issuing them'! 427. Why are laws pro hibited impairing the obligation of contracts? How docs this procannot repeal statutes creating private corporations, or dispose of the property of the corporators. A charter from the British crown to the trustees of Dartmouth college before the revolution, has been declared to be a contract within the the meaning of the constitution. The supreme court held that the college was a private corporation; and th;it the act of the legislature of New Hampshire, materially altering the charter without the consent of the corporation, was a law impairing the obligation of a contract, and was unconstitutional and void.
428. No state may, without the consent of congress, lay any impost duties on imports or exports, except what may be absolutely necessary for executing its inspection laws; and the nett produce of all duties and imposts laid by any state on imports or exports, must be for the use of the treasury of the United States; and all such laws are subject to the revision and control of congress.
429. No state may, without the consent of congress, lay any duty of tonnage, keep troops or ships of war in time of peace, enter into any agreement or compact with another state, or with a foreign power, or engage in war, unless actually invaded, or in such imminent danger as will not admit of delay.
provision affect public corporations? 433. What restriction is imposed upon the states concerning the laying of irapjst duiie ;1 4i9. Waai other restrictions are here mentioned?
OF THE STATE GOVERNMENTS.
Maine—New Hampshire—Massachusetts— Vermont— Connecticut—Rhode Island.
430. All the state governments are representative republics. All of them are conducted in conformity to written constitutions, adopted by the people, in ea^h state, excepting in Rhode Island, where the ancient colonial charter is yet in force. E:f.h one has a legislative, executive and judicial branch, and its own modes of exercising power in these several departments. The distinction* existing among the state governments are found in the qualifications of the electors, and of the elected; in the origin and duration of office; in the limitations of the powers which maybe exercised; and in peculiar constitutional provisions; and, especially, in the character of legislation in each state. The principal constitutional provisions in the government of each state, are here given, as concisely as possible.
431. Stale of Maine. The constitution is dated in 1819. The legislature is composed of a senate and house of
representatives. Members of the house are chosen in.
430. Whatis the character of the state governments? In what respect •rethey alike! In what consists the principal difference! 431. What