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CHAPTER XXII.

Restrictions on the Powers of Congress-continued.

"CONGRESS shall make no law respecting the establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press."

Among the "unalienable rights," with which men are created, is religious liberty. This liberty has been denominated "the liberty of conscience," and "the rights of conscience." It is defined to be, "the liberty which a man has of discussing and maintaining his religious, opinions, and of worshipping God in that way and manner, which he believes in his conscience to be most acceptable to his Maker, without being liable to any degra dation, penalties or disqualifications, civil or political."

A large portion of the early population of this country was composed of persons who had come hither, to escape the restrictions and disqualifications imposed, by the laws of the parent country, on dissenters from the established church. To avoid the evils which were known uniformly to flow from an alliance between the church and the state, and to secure to all the full enjoyment of religious freedom, all interference by the government in matters of religion, abridging in any degree the rights of conscience, by giving preference to any religious sect, is expressly prohibited by the above provision.

Both religious and civil institutions are the most safe, as well as the most prosperous, where religion derives no

What is provided respecting religion, freedom of speech, and of the press? What is religious liberty denominated? How defined? What general objects are secured by this restriction upon congress?

other support from government than protection in its free exercise. This, it requires; and religious liberty cannot be said to exist, where the laws merely tolerate religion, but do not by penal sanctions, protect men in the exercise of its duties.

Freedom of speech, and of the press, are equally necessary to the existence of a free state. The most odious restrictions had been, in many countries, laid upon the press. It was regulated by prohibitions and licenses from the government. New publications were not allowed to be issued, until they had been approved by licensers. But as such restrictions were deemed incompatible with all just ideas of freedom, the liberty of the press and of speech was guarantied to every citizen; he being amendable to the laws for the abuse of this liberty.

Of the restrictions remaining unnoticed, is that which preserves to citizens the right of trial by jury. This right is enjoyed in all criminal prosecutions, and in suits at common law, where the value in controversy shall exceed twenty dollars; and is secured by the two following articles of amendment:

"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 favor; and to have the assistance of counsel for his defence."

How far should legislation on this subject extend? How had the press been restricted in other couutries? Is it entirely unrestrained in this country?

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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 court of the United States than acording to the rules of common law."

The institution of trial by jury, is derived from the English laws. Trial by jury was recognized in criminal suits in England, as early as about the beginning of the twelfth century; but in civil suits it seems not to have reached its present form, until near the middle of the thir teenth century. The jury system, in its present improv ed state, is justly considered the "great palladium of lib. erty." It was one of the most distinguished privileges eujoyed under the British constitution; for as every one was tried by his peers, the meanest subject was as safe as the greatest. It was regarded by the colonists, as the most valuable civil privilege which they, as British subjects, possessed; and the infringement of this right constituted one of the grievances enumerated in the declaration of independence, as justifying the revolution.

A jury usually consists of twelve men, (in some cases of a great number,) who are sworn to deliver a truth upon such evidence as shall be delivered to them touching the matter in question. No person can be put on trial for a crime, until a grand jury shall have declared, after hearing the evidence against him, that he ought to be tried. Such declaration is founded upon this presumption that he is guilty. He is then put upon trial; and the unanimous verdict of a jury of twelve men, (called a petit jury,) is necessary to convict him. A two-fold security to the lib

Whence is the institution of juries in this country derived? At how early a period was trial by jury recognized in England? Of what number does a jury usually consist? What is the duty of a grand jury? By what jury is the criminal tried? How many must

erties of the people is thus provided by this mode of trial in criminal cases.

In some of the states in the union, parties to civil suits, in which the damage claimed is less than twenty dollars, are not allowed the privilege of juries. It has been well remarked, "that it is the most transcendent privilege which any subject can enjoy, or wish for, that he cannot be affected either in his property, his liberty, or his person, but by the unanimous consent of twelve of his neighbors and equals."

CHAPTER XXIII.

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Restrictions on the Powers of the States.

No state shall enter into any treaty, alliance or confederation; grant letters of marque and reprisal; coin money; emit bills of credit; make any thing but gold and silver coin a tender in payment of debts; pass any bill of attainder, ex post facto law, or law impairing the obligation of contracts; or grant any title of nobility."

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The restrictions which are here and elsewhere impoupon the states, are indispensably necessary to secure to the country the blessings of union. Were every state at liberty to enter into treaties or alliances with foreign states or with other members of the union, it is easy to foresee the evils and dangers that would result from such

be agreed in order to conviction or judgment?

What restrictions are imposed, in this clause, upon the states For what purpose are they necessary? Why may not a state grant

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an exercise of this

power. And with the power to gran letters of marque and reprisal, a state might involve the whole union in war, as this measure is usually followed by open hostilities.

To avoid the inconveniences that would arise from coins so various in value as might be expected if each state were permitted to coin money, and to regulate its value, this power was prohibited to the states, and granted exclusive ly to congress.

Bills of credit are declared to mean promissory notes, or bills issued exclusively on the credit of the state, and which the faith of the state only is pledged to pay. The prohibition does not, therefore, apply to the notes of a state bank, drawn on the credit of a particular fund set apart for the purpose. The losses sustained previously to the adoption of the constitution, from the effects of paper money, rendered this restriction upon the powers of the states necessary, to prevent similar effects; while the fluctuations in the value of paper money seemed to require that gold and silver only should be made a tender in payment of debts.

Laws impairing the obligation of contracts are inconsistent with the secure enjoyment of the right of property. and the fundamental principles of the social contract. The power to pass such, laws is therefore properly prohibited to the states. A state legislature may alter or modify public corporations, such as counties, towns and cities. provided the property therein be secured to those who originally possessed it; but such legislature cannot repeal statutes creating private corporations, or dispose of the property of the corporators. A charter from the British

Why restricted as to coining
Why are the states prohibited

letters of marque and reprisal? money? What are bills of credit? from emitting them? What is meant by legal tender? Why are

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