have their case first passed on by a Grand Jury, which must present or indict them, before they may be tried. A capital crime is one punished by a loss of life. An infamous crime is one whose punishment involves imprisonment in the penitentiary, or loss of civil or political privileges. A Grand Jury is not called when cases arise in the land or naval forces, or in the militia, when in actual service in time of war or public danger. In those cases the public emergency will not admit of delay. (U. S. Const. Amend't Art. V.) 10. Criminal Law; Jury Trial. — In all criminal cases in the Federal Courts the accused is entitled to a speedy and public trial by an impartial Jury of the State and district wherein the crime shall have been committed. (U. S. Const. Amend't Art. VI.) 11. Criminal Law Procedure. -In Federal courts no person for the same offence shall be twice put in jeopardy of life or limb. This means that he shall not be put on trial a second time for the same offence, after he has been once tried and either convicted or acquitted. If the jury failed to agree at the first trial, the trial was not complete, and the man may be tried again. No person shall be compelled, in any criminal case in the Federal courts, to be a witness against himself. He shall be informed of the nature and causes of the accusation, shall be confronted with the witnesses against him, and hear them examined in open court. He shall have compulsory process for obtaining witnesses in his favor; that is to say, writs of subpoena shall be issued for any persons he may wish to have testify for him. He may also have assistance of a lawyer as counsel for his defence. The law holds every man innocent until he is proven guilty, and gives him every opportunity to prove his innocence. (U. S. Const. Amend'ts V. and VI.) 12. Criminal Law; Treason. There is one crime which is so grave that special provisions concerning it are found in the Federal Constitution. That crime is treason, which is an attempt to overthrow the government and to destroy the foundations of the laws. Because it is so grave a crime, ample protection against false accusation of treason should be given to all the citizens. Only citizens can commit treason, and these are guilty of the crime only when they levy war against the United States or adhere to their enemies, giving them aid and comfort. A man gives the enemies aid and comfort by supplying them with intelligence, furnishing them with arms or provisions, or treacherously surrendering a fortress. No person shall be convicted of treason unless on the testimony of two witnesses to the same open act, or on confession in open court. Other crimes may be proven by the evidence of one witness, but the disgrace and guilt of treason are so great that a double assurance of the fact is necessary. Congress was given power to declare the punishment of treason, but was not allowed to cause the forfeiture of the property of the traitor, except during his life, nor to put such a stain or taint upon him as to prevent his children from inheriting property. The present punishment of treason is death, or, in the discretion of the court, imprisonment for five years at hard labor, a fine of not less than $10,000, and a perpetual disqualification for holding office. (U. S. Const. Art. III., Sec. 3, Pars. 1 and 2.) 13. Criminal Law; Punishments. Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. (U.S. Const. Amend't Art. VIII.) The courts decide what is excessive, cruel, and unusual. A punishment which is merely unusual is not wrong unless it is also cruel. These provisions refer to the United States and not to the States, which have special clauses in their Constitutions. 14. Civil Suits; Trial by Jury. — The right of trial by jury in the Federal courts is preserved by the United States Constitution in suits at Common Law where the value in controversy shall exceed twenty dollars. This right may be waived by agreement of the parties to the suit, and the case tried before the court alone. No fact tried by a jury shall be otherwise reëxamined in any court of the United States than according to the rules of the Common Law. This provision is necessary to preserve the right of trial by jury, as that is a part of the rules of the Common Law. Otherwise, after a jury trial was held, one of the parties might have the matter reëxamined by a judge without a jury. (U. S. Const. Amend❜t Art. VII.) CHAPTER XXVII. PRIVATE RIGHTS. 1. Religion. Congress shall make no law respecting an establishment of religion, nor prohibiting the free exercise thereof, but there shall be religious freedom as far as the National government is concerned. This provision would not prevent any State from establishing a State Church, nor does it prevent Congress from punishing those who live in the territories under its control, and have immoral habits, which they claim to be a part of their religion. Thus, the United States law may prohibit polygamy in the territories. (U. S. Const. Amend❜t I.) 2. Freedom from Slavery.-There shall be no slavery nor involuntary servitude, except as a punishment for a crime for which a person shall have been duly convicted. This provision is one of the results of the Civil War, and is binding as well on the States as on the Nation. (U. S. Const. Amend❜t XIII.) 3. Freedom of Speech or of the Press. -Congress shall pass no law abridging the freedom of speech or of the press. This provision of the Federal constitution is only binding on the United States. Special provisions in the State Constitution secure these rights from encroachment by the State legislature. (U. S. Const. Amend❜t I.) 4. Freedom to Bear Arms.-Because a well-regulated militia is necessary to the security of a free State, Congress must pass no law preventing people from bearing arms. This does not prevent a law being passed against carrying concealed weapons, for such carrying is against the peace and order of the State and often leads to crime. (U. S. Const. Amend❜t II.) -- 5. Freedom to Assemble and Petition for Redress of Grievances. No law shall be passed by Congress abridging the right of the people peaceably to assemble and to petition the government for a redress of grievances. The right of petition is most important, for by it the force of public opinion may be brought to bear on the legislature, and the legislators may most easily learn what the complaints of the people are. The right to assemble only refers to quiet and peaceable gatherings. Disorderly and riotous meetings may and should be dispersed by the officers of the law. (U.S. Const. Amend❜t I.) The peaceable gatherings, which are protected, are not merely those which intend to prepare a petition for the redress of grievances, but also any social, industrial, or political meetings. 6. Right to be Secure in Persons, Houses, Papers, and Effects. No soldier shall in time of peace be quartered in any house, without the consent of the owner, nor in time of war, but in a manner to be prescribed by law. There is a similar prohibition in the State constitution of Maryland. No man's person, houses, papers, and effects shall be searched nor seized unreasonably. This right shall not be violated by the United States, nor shall any Federal officer issue a search warrant, but |