"in any house without the consent of the owner, nor in time "of war, but in a manner to be prescribed by law."Art. 3.

§ 569. One of the grievances endured by the people of the colonies, and which was made the subject of complaint to the British king, was the quartering of large bodies of armed troops among them, to awe them into subjection. This circumstance doubtless gave rise to this provision.

§ 570. "The right of the people to be secure in their per"sons, houses, papers, and effects, against unreasonable "searches and seizures, shall not be violated; and no war"rants shall issue, but upon probable cause, supported by "oath or affirmation, and particularly describing the place "to be searched, and the persons or things to be seized.”

Art. 4.

§ 571. Nothing is more reasonable than that warrants for searches or seizures should not be issued except upon prob. able cause. A general authority given to an officer to search wheresover he pleases, or to arrest whomsoever he will, would expose many innocent persons to much annoyance and perplexity; and their characters might suffer from suspicion of guilt, caused by the simple fact of their having been obliged to submit to such searches or seizures.

$572. "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 ser"vice in time of war or public danger; nor shall any per

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son be subject. for the same offence, 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 de"prived of life, liberty, or property, without due process of "law; nor shall private property be taken for public use "without just compensation."-Art. 5.

§ 573. "In all criminal prosecutions, the accused shall "enjoy the right to a speedy and public trial, by an impar"tial jury of the state and district wherein the crime shall "have been committed; which district shall have been pre

fourth article? § 571. Why is this provision necessary? § 572, 573. What privileges are secured to persons charged with crime, by the fifth

"viously ascertained by law; and to be informed of the na"ture 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 as"sistance of counsel for his defence."-Art. 6.

§ 574. The above provisions for the security and protec tion of property and life, are founded on the principles of common law and common justice. Some of them have been noticed in the preceding part of this work, and the others are so easily understood, as to need no explanation. That which secures to a person accused of crime, the assistance of counsel for his defence has its origin in humanity, being designed for the benefit of those who have not the means of employ. ing counsel for themselves. In such cases, the courts as sign to the accused party the necessary counsel, at the public expense.

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§ 575. "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 re-examined in any court of the United States, "than according to the rules of the common law."—Art. 7.

§ 576. "Excessive bail shall not be required, nor ex"cessive fines imposed, nor cruel and unusual punishments "inflicted."--Art. 8.

§ 577. Bail is intended as a privilege to persons arrested upon a charge of crime, by which they may enjoy the liber. ty of their persons until the time of trial. (§ 127.) But the sum in which a person shall be required to give bail, may be fixed so high as to render it impossible to procure the necessary sureties; thereby depriving the prisoner of the benefits of this privilege, and often subjecting the innocent to a long confinement. As the proper amount of security depends upon the nature and aggravation of the offence, it is left to the court to determine the sum. For the same reason, the precise degree of punishment to be inflicted for crimes com. mitted, must be determined by the judge or court.

§ 578. "The enumeration, in the constitution, of certain

and sixth articles? § 575. What right is secured by the seventh ar. ticle? § 576. What is provided by the eighth article? § 577. What is its object? § 578. What is declared in the ninth article? § 579

"rights, shall not be construed to deny or disparage others "retained by the people."-Art. 9.

§ 579. This article was designed to remove the scruples of many, whose solicitude for the rights of the states induced the ill-founded fear, that, because certain rights belonging to the people are enumerated in the constitution, those not included in the enumeration must, by natural inference, be considered as given up to the general government.

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§ 580. "The powers not delegated to the United States by the constitution, nor prohibited by it to the states, are "reserved to the states respectively, or to the people."

Art. 10.

§ 581. The design of this article is somewhat similar to that of the preceding. As the people are the original source of all power, and as the constitution is an instrument of limited powers, it follows as a consequence, that the powers not delegated to the general government, must remain with the people or the state governments.

§ 582. It has been observed, that, under the confederation, each state retained every power not "expressly delegated to the United States." (§ 419.) It is worthy of note, that, in the above article, the word "expressly" is omitted, in or der to give a wider latitude of construction. For if this prohibition be allowed to exclude from the general government all powers not granted in express terms, it will not only nullify the "power to make all laws necessary and proper for carrying into execution all the powers vested by the constitution in the government of the United States," but it would strike from the statute book as unconstitutional, a great number of the most necessary and wholesome laws. It is evident, therefore, that the article will not admit such a construction. ($420, 421.)

§ 583. "The judicial power of the United States shall not "be construed to extend to any suit, in law or equity, com"menced or prosecuted against one of the United States, by "citizens of another state, or by citizens or subjects of any "foreign state."-Art. 11.

What is its object? § 580. What is declared in the tenth article ? § 581. What is the design of this article? § 582. Wherein does this a ticle differ from the confederation? 583. What is the subject of

§ 584. This article of amendment was proposed at the second session of the third congress, and duly ratified by the states. It was intended to prevent the liability of a state to be prosecuted by private persons, the citizens of other states. It does not, however, prohibit the supreme court from reexamining cases brought by appeal or by writ of error from a state court. It applies only to original suits against a

state.

§ 585. The 12th article of amendment, which changed the mode of electing the president and vice president, was proposed at the first session of the eighth congress. It will be found in its appropriate place, in the 2d article of the constitution. (§ 461.)

the eleventh article? § 585. To what does the twelfth article of amend. ment relate?

PART THIRD.

CIVIL JURISPRUDENCE OF THE UNITED STATES

CHAPTER I.

Rights of Persons.-Absolute Personal Rights.

§ 586. THE rights of persons are usually considered to be of two sorts, absolute and relative. By absolute rights are meant those which belong to men as individuals or single persons, or those which would belong to their persons in a state of nature, and which every man is entitled to enjoy, whether out of society or in it. These rights are resolved into the right of personal security, the right of personal liberty, and the right to acquire and enjoy property. Rights called relative are those which are incident to men as members of society, and as standing in various relations to each other.

§ 587. But although a distinction clearly exists between these two classes of rights, they appear to be imperfectly distinguished by the terms absolute and relative: because, the rights termed absolute, though they are founded in the law of nature, and are inherent and unalienable, may be forfeited and lost by the commission of crime. Besides, what would be the rights of man, were he excluded from all society? The idea of right always presupposes some existing relation between persons. Both classes are therefore in some respects relative, and neither is in all respects absolute. Yet, as the one class, being founded in the primary, universal, and permanent relations of social nature, cannot be

EXERCISES. 586. Into what two classes of rights are the civil rights of men considered to be divided? What are absolute rights? What are relative rights? § 587. In what consists the difference be.