Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1891-07-07
The Amendments.

the DAYS of the fathers of the Constltu'io,
It'll now What was originally designed
20 he Government of restricted powers
operating within well-defned limits mas
become a general, consolidated, central
despotism. The very words which inc
trainers Of that instrument useu as
means of limiting the powers OF the zen"
eral Government arc now so construed as
70 make those words apply to the govern
ments Of the several States.
IL is instructive to read the brst eieVen
Articles of amendment TO the federai
Constitution. and learn why they were IN
corporated into that instrument. and theh
look abroad over the land and see now
they have been interpreted by the latter
dav expounders of constitutional law.
Mr.. FLOWER, of New York, made speech
in the national House of Representatives
some years ago which he had printed IN
pamphlet form along with the Federal
Constitution, and in this form had his
epeech and the Constitution distributed
amongst his constituents and others. In
view of recent decisions of certain OF our
courts. both State and Federal, we are In
vice to our readers by LAYING before them
eleven of the articles of amendment wDicD
the fathers considered necessary to the
proper understanding Of the body of the
Federal Constitution. They are asfollows:
Article /. Congress shall make no law re-
specting an establishment OF religion, or pro
hlbitng the free exercise thereof; or abridging
the freedom Of speech or OF the press; or the
right OF tho people peaceaby TO assemble
and 10 petition the Government for a redress OF
grievances.
Article III. A well-rcgulated militia. being ne
cessary to the security Of free State, the right
OF the people to keep and bear arms shall not
be infringed.
Article III. No soldier shall, In time OF peace,
be CHARTERED In any house, without tho consent
OF the owner, or in time OF war but In manner
10 be prescribed by law.
Article ". The right OF the people to be Sc
cure in their persons, houses, papers, and ei-
fects against bic searches and seizures,
shall not be violated and no warrants shall
issue, but upon probable cause, supported by
oath or affirmation, and particularly describing
the place TO be searched, and the person or
things 20 DO seized.
Article v. No person shnll be held 20 answer
for capital OF otherwise Infamous crime unless
on a presentment or indictment OF grand jury,
except In cases arising In the land or naval forces
or In the militia, when In actual service In time
Il war or public danger; nor shall any person
he subject for the same offence to be twice put
I'm jeopardy Of life or limb; nor shall he be COM
pelled In any criminal case TO be n witness
against himself, or be deprived OF life, liberty,
or property, without due process OF law; nor
ehall private property be taken for public use
without Just compensation.
Article W. In all criminal prosecutions the
accused shall enjoy the right 10 speedy and
public trial by an impartial jury OF the State and
district wherein the crime shall have been CON-
mitted which district shall have been previously
ascertalned by law, and 10 be informed OF the
nature and cause OF the accusation; TO be con-
fronted with the witnesses against him; to have
compulsory process for obtaining witnesses In his
favor, and to have the assistance OF counsel for
his defence.
Article VII. In suits at common law where the
value In controversy shall exceed twenty dollars
the right of trlnl by jury shall be preserved, and
no fact tried by Jury shall be otherwise re-
examined In any court OF the United States than
according to the rules of the common law.
Article VIII. Excessive bail shall not be re-
Culrcl, nor tACesSiNc Hhco ihpVoOs' lava WV,
and unusual punishments Inflicted.
Article TX. The enumeration In the Constitu-
tion of certain rights shall not be construed TO
deny or disparage others retained by the people.
Article Y. The powers not delegated to the
United States by the Constitution. nor prohibited
tyit 10 the States are reserved 70 the States re-
epectiyely or TO the people.
Article XII The judicial power Of the United
States shall not be construed to extend to any
sui, In law or equity commenced or prosecuted
AGAINST one OF the United States by citizens oil
another State. or by citizens or subjects OF any
foreign State.
In the first Of these articles the most
latitudinarian constructionist cannot find
word which does not apply solely to the
Federal Government.
The second, third, and fourth are almost
IA evidently intended to be limitations
upon the powers Of the Federal Govern
ment.
The ffth is so plainly applicable only to
the Federal Government that nobody will
seriously contend that ii was not designed
10 DO limitation upon the powers OF that
Government. The words e land and naval
forces" show clearly that the "grand
Jury" spoken of is the grand jury of the
United States Courts-not OF the State
courts. But we need not argue the point,
The article speaks for itself.
The sixth. In using the word State,
tells its own story. All the "crimina
prosecutions" spoken Of must be in the
Federal courts, and they must be carried
ON in the State where the crime is alleget
20 have been committed. II tho crimina
prosecutions referred TO were in the State
courts there would be no sense in providing
that the accused should have jury from
his own State or tho State wherein the Of
fence was committed.
The seventh, so we are told. has come Il
mean suits at common law in the State
courts, but we cannot think that 1t wa:
over intended by the fathers to be any
thing bat restriction upon the powers o.
the Federal Government OF Federal courts
We can only express our surprise that thu
words Of the Constitution could have beer
tortured so as to yield the construction
which We are assured has been put upor
them. Read over the seventh article o
amendment and see II il was not meant t.
apply to the Federal courts only.
The eighth is Of like kind. 1t refers L
che Federal courts.
The ninth. tenth, and eleventh are to-
plain TO call for comment.
Taken altogether. these articles Of amend
ment indicate the spirit and wishes Of tn
men who framed the body Of the Fedora
Constitution. We repeat our expression
Of surprise that there can be two opinion
On the subject
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Taking Phrases.
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