New Oregon plaindealer. (New Oregon, Iowa) 1859-1866, 1862-09-12

to be selZed.
ARTI"LEs.
No person shall be held to answer for a
capital or otherwise Infamous crime, unless
upon prpsentment or Indictment of u grand
jury. except in cases arising in the land or
naval for, es nr in the m:rtl.. hen in actr a.
serv cein inc of war Or ub 6 dang nor hal
aHy person be subject for the same "tfe ce to
be twice put in jeopardy of lifes or limb !; nor
shall be compelled in any criminal case, to
he witness against himself: nor be deprived
oflife, berty or property, without due pre-
cess of law nor shall private property be
taken for public use: without just compensa-
tiOn.
ARTICLE 6.
In all criminal prosecutions the accused
shall enjoy the right to speedy and public
trial by an impartial jury Of the State and
District wherein the crime shall have been
committed which district shall ha 70 been
previously ascertained by law, and to b.: in
formed ofthe nature and cause OF the accu-
sation to be confronted with the witness
against him to have compulsory process for
obtaining witnesses in his favor nd to have
the assistance of ,,unsel for his befence.
ARTlCLE7.
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 jury shall be otherwise re-
examined in any ourt of the United States,
than according to the rules Of the common
law.
ARTICLE s.
Excessive bail SHALL not be required. nor
excessive fines i'm posed, nor cruel and unusu-
al punishments inflicted.
ARTICLES
The enumeration in the Constitution Of
certain rights shall not be construed to deny
or disparage others retained by the people.
ARTICLE 10.
The powers not delegated to the United
States ~ the Constitstion nor prohibited by
it to the States, are reserved to the States
respectively, or to the people.
the 4th Article forbids the arbitrary arrest,
and false imprisonment Of the citizen. It
guarantees to him the right heretofore enjoy
ed under the British Constitution 1t prohib.
its unreasonable seizure,'' prohibits u war
rant for seizure except up N probable ca''se,''
and requires such cause to be shown under
the sanction Of 'oatf or affirmation"
Here is no room for misconstruction. The
supreme law is express in its terms. 1t is set
up, by its declared terms. as barrier to tho
'sporers that be-" in the State. 1t remains to US
as barrier against ''the powers that be-
1t has ne yer been repealed, nor can be
lawfully repealed, except by the power which
created the government, and in the manner
provided by the Constitution itself.
This freedom from imprisonment withouta
''due process is absolute in the citizen, with
only two exceptions. One. in which he is
in the very fact of committing felony, which
obtains alike in England an this country
the other: where he has exchanged the citi-
zen for the soldier Gin cases arising in the
land er naval forces, or in the militia when in
actual service in the time of war or public
dangerv
Yorr inquiries will enable you to ascertain
if the arrests reported have in fact been made.
and If you find they have been made, whcth-
er they come under the excepted cases just
stated.
If they have been made, and are not within
the rule Of these exceptions, then they are
public wrongs. It lie my duty SO to charge
you. And SO do charge you.
The circumstances in which we are, in
struct me to remind you that you inquiries
into. and action upon this subject, are to be
conducted unmoved by prejudice, unsweryed
by favor, and unawed by fear.
cannot doubt that you will not be warped
by prejudice on the one side nor by favor on
the other. As you are FREEMEN, you are re-
quired to swear that you will not DO restrain
cd by fear in the discharge of your duty. A
freeman should have no fear but of his God
The law is ordained by him. 1t commands
what sright and forbids what is wrong. It
would be mockery, and would not permit
you to take the oa'h to act without fear, if
there was an earthly power to restrain your
free we'll
There may be others besides the persons
who committed the violations of law hereto
fore considered, who may be obnoxious to
prcsentment If any of your citizens have
instigated these groundess arrests, they arc
more guilty than those upon whom they have
imposed. And 1t is hardly to he supposed
that strangers amongst you would wantonly
and without suggestions by mischievous per.
sons, m lest and harrass ysur people. Such
persons are liable sor conspiracy. But your
dilligent and impartial inquiry will ascertain
the truth.
am adnonished, Gentlemen, by former
demonstrations, to say to you that my in
structions to you are not moved by political
or partisan bias.
III have declared to you the law ';as un-
derstand it," you will remember it is under
the same solemn sanction by which you are