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arrest any person he suspected, without describing or naming either the place or the person, and without stating any probable cause for the search. Such warrants are prohibited by this article, which provides that no warrant shall issue except upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the person or things to be seized.
"ARTICLE V. 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 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 deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.'
§ 628. A grand jury is a body of men chosen in the manner prescribed by law, at every term of a court having criminal jurisdiction. In the State courts they are selected by the sheriff; in the Federal courts, by the marshal. Their number must not be less than twelve, nor greater than twenty-four. Their duty is to inquire into all crimes committed within the jurisdiction of the court in which they are attending.
§ 629. The sittings of the grand jury are private. They examine under oath the party making the charge, (who is called the prosecutor,) and his witnesses; but they do not
hear any witnesses in defence. If twelve of the jurors believe that there is sufficient evidence of guilt, to require the accused to be put on trial to answer a bill of indictment for the alleged offence, which has been submitted to them by the prosecuting officer of the government, they endorse on the bill the words " a true bill," to which the foreman of the jury subscribes his name and the date. The bill is then said to be found, and is taken into court by the jury and delivered to the judge. The party charged is then held to answer, and is put on his trial in due course of law.
§ 630. If the grand jury think the accusation is not sufficiently proved, they endorse on the back of the bill "not a true bill," or "not found," or "ignoramus,” meaning we are ignorant of the matter, and the bill is then said to be ignored. An indictment is founded upon the testimony of witnesses examined before the grand jurors in support of a bill; a presentment is the notice taken by a grand jury of an offence, from their own knowledge, or upon evidence brought before them where no bill of indictment has been submitted to them by the prosecuting officer.
§ 631. In the army and navy, and in the militia, when in actual service, offences are tried and punished in a different mode, by courts-martial, or otherwise, according to the order of proceeding pointed out in the articles for the government of the army and navy. Excepting in cases thus arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger, it is declared by this article that no person shall be held to answer for a capital or otherwise infamous crime, unless on presentment or indictment of a grand jury. Capital crimes are those the punishment of which is death.
§ 632. The next provision in the article is, that no person shall be subject to be twice put in jeopardy of life or limb for the same offence; in other words, a party cannot be tried a second time, for the same offence of which he has already been once acquitted or convicted. Where a man, after a regular acquittal before a competent court, on sufficient indictment, is indicted again for the same offence, the former acquittal is an effectual answer to the second indictment.
§ 633. When the jury on the first trial have been discharged, under circumstances in which there was a necessity for the act, and they consequently did not give any verdict, or where, after a verdict has been given against the person charged, he has had a new trial granted him by the court, he may still be tried a second time, for in such cases it is not considered that he has legally been put in jeopardy of
life or limb.
§ 634. It is next provided that no person shall be compelled in any criminal case to be a witness against himself. Torture and other forcible means have been resorted to in some countries to obtain from criminals, confessions or admissions to be used as evidence against themselves. cruel and unjust proceedings are effectually prohibited by this clause. In all criminal cases the guilt of the prisoner must be proved, if proved at all, by the evidence brought forward against him. If that evidence be insufficient, he must be acquitted. The law presumes that he is innocent, until the contrary appears. His free, voluntary admissions may be given in evidence; but he cannot be compelled to testify against himself. He cannot even be questioned as to his guilt or innocence.
§ 635. The next provision is, that no person shall be
deprived of life, liberty, or property without due process of law.
This is an important provision, and of very extensive signification. It is a principle of justice that the life, liberty, and property of a citizen should be protected from all illegal interference on the part, either of other citizens, or of the rulers. Government would otherwise become impossible, and would degenerate into a mere instrument of unlimited oppression. The general meaning of the clause is, that no citizen shall be deprived of his life, his liberty, or his property, except by the regular administration of the laws of the land.
§ 636. The last clause of the article declares that private property shall not be taken for public use, without just compensation.
It is evident that there would be no security for the property of a citizen if it could be taken from him at the will of the government. On the other hand, necessity or the public good may sometimes require that private property shall yield to the general interest. Accordingly, there is a right, called the right of eminent domain, by which the government, in certain cases, may take the property of individuals for public purposes. It is by virtue of this right that highways, turnpikes, railroads, canals, bridges, and other public improvements, are authorized to be laid out through or upon the property of individuals, even against their consent.
§ 637. The reason of this is that the public interest of the whole community is considered to be superior to the private interest of a single individual. But the article we are now considering imposes an important check upon the exercise of this right, by declaring that private property cannot be taken for public use, unless just compensation is
made to the owner. To take it, even for public use, with out such compensation for the damages done to the owner, would be illegal and unconstitutional. The amount of
compensation may be ascertained in any just mode pointed out by law; it is generally required to be determined by a jury, who may examine the premises, and must give each party an opportunity to be fully heard and to produce witnesses. *
§ 638. Property taken compulsorily, in the exercise of the right of eminent domain, must be taken for public uses and service. The property of an individual cannot be taken, even under the authority of the government, for private uses, without the consent of the owner.
"ARTICLE VI. 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 favour, and to have the Assistance of Counsel for his defence.
§ 639. The above article contains several important provisions, the object of which is to secure justice and impartiality in the trial of criminal prosecutions.
§ 640. The accused is to have a speedy and public trial, by an impartial jury of the State and district wherein the crime has been committed, which district shall have been. previously ascertained by law. The trial is to be speedy, otherwise justice might be unreasonably delayed; it is to