1 Ex parte Garland, 4 Wall. 397. 2 Permoli v. First Municipality, 3 How. 609; Ex parte Garland, 4 Wall. 399. 3 U. S. v. Rhodes, 1 Abb. U. S. 43; Barron v. Baltimore, 7 Peters, 243; Withers v. Buckley, 20 How. 84; Murphy v. People, 2 Cowen, 815. 4 Reynolds v. U. S. 7 Am. L. R. 9. 5 U. S. v. Cruikshank, 92 U. S. 542; 1 Woods, 308. 6 U. S. v. Cruikshank, 92 U. S. 542; 1 Woods, 308. 7 Commonwealth v. Has, 122 Mass. 42; Specht v. Commonwealth, 8 Pa. St. 312; Frolickstein v. Mobile, 40 Ala. 725; Ex parte Andrews, 18 Cal. 678; Neuendorff v. Duryea, 69 N. Y. 557. ARTICLE II. RIGHT TO BEAR ARMS. SECTION 1. Right not to be denied to people. A well-regulated militia being necessary to the security of a free State, the right of the people to keep and bear arms shall not be infringed. Amendment, proposed 25th September, 1789; ratified 15th December, 1791. Right to bear arms.-The right to bear arms is not herein granted, but only protected from infringement. 1 This provision is restrictive only of the powers of the Federal Government; 2 it does not prevent the regulation of the subject by States, as the passage of a law to prevent carrying concealed weapons,3 or for prescribing punishment for an assault with dangerous weapons; 4 but a statute prohibiting the bearing of arms openly is unconstitutional.5 This clause is based upon the idea that the people cannot be oppressed or enslaved who are not first disarmed. See Supplement, post, 320. 1 U. S. v. Cruikshank, 92 U. S. 556; 1 Woods, 308. 2 U. S. v. Cruikshank, 92 U. S. 542; 1 Woods, 308; North Carolina v. Newsom, 5 Ired. 250; Andrews v. State, 3 Heisk. 165; Fife v. State, 31 Ark. 455. 3 State v. Buzzard, 4 Ark. 18; Nunn v. State, 1 Ga. 243; Louisiana v. Chandler, 5 La. An. 489; Louisiana v. Smith, 11 Ibid. 633; Louisiana v, Jumell, 13 Ibid. 399; English v. Texas, 35 Tex. 473; Comm. v. McNulty, 8 Phila. 610; Bliss v. Comm. 2 Litt. 90; Wright v. Comm. 77 Pa. St. 470. And see State v. Reid, 1 Ala. 612; State v. Mitchell, 3 Blackf. 229; Coch ran v. State, 24 Tex. 394. 4 Cockran v. State, 24 Tex. 394; New York v. Miln, 11 Peters, 139. 5 Nunn v. State, 1 Ga. 243. 6 Cockran v. State, 24 Tex. 401. ARTICLE III. QUARTERING OF SOLDIERS. No soldier to be quartered, etc. No soldier shall, in time of peace, be quartered in any house without the consent of the owner, nor in time af war, but in a manner to be prescribed by law. Amendment, proposed 25th September, 1789; ratified 15th December, 1791. ARTICLE IV. PERSONAL SECURITY. SECTION 1. Unreasonable searches, seizures, and warrants prohibited. The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable 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 persons or things to be seized. Amendment, proposed 25th of September, 1789; ratified 15th December, 1791. Search, seizure, and warrants.-This amendment was adopted with intent to restrict and limit the power of the United States,1 and place the powers under strong prohibitions and checks.2 The security of personal liberty was such as wisdom and experience demonstrated to be necessary. The amendment only protects those who are parties to the Constitution, and applies to criminal cases only.5 So, provisions for searches and seizures to aid in the collection of revenue are not repugnant to this clause. It does not prohibit a search or seizure made in attempting to execute a military order; 7 but an order of the War Department directing an arrest without warrant is void.8 A warrant of commitment which does not state some good cause certain, supported by an oath, is illegal; but an executive officer can justify his acts by showing a regular warrant, without showing that it was founded on a complaint under oath. It is only necessary that the order or precept shall be lawful on the face of it.10 A warrant directing a search in the house of A & Co. will not justify a search in the house of A.11 A specification of the character, quality, number, weight, or other circumstances, to distinguish the goods, is necessary.12 "And no warrants shall issue but upon probable cause refers only to process issued under the authority of the United States. 18 It has no application to proceedings for the recovery of debts.14 See Supplement, post 320. 1 Luther v. Borden, 7 How. 66; Smith v. Maryland, 1 How. 71. 2 Green v. Biddle, 8 Wheat. 88; Luther v. Borden, 7 How. 66; Payne v. Baldwin, 3 Smedes & M. 673. 3 Ex parte Milligan, 4 Wall. 120. 4 Commonwealth v. Griffith, 19 Mass. 11. 5 Ex parte Meador, 1 Abb. U. S. 317; Murray v. Hoboken &c. Co. 18 How. 272. 6 Ex parte Meador, 1 Abb. U. S. 317; Stanwood v. Green, 2 Ibid. 184; Matt. of Platt, 7 Ben. 261; 19 Int. Rev. Rec. 132; U. S. v. Distillery, 8 Chic. L. N. 47; Ex parte Strouse, 1 Sawy. 605. 7 Allen v. Colby, 45 N. H. 544. 8 Ex parte Field, 5 Blatchf. 63. 9 Ex parte Burford, 3 Cranch, 448; Anonymous, 2 Op. Att.-Gen. 266. 10 Sanford v. Nichols, 13 Mass. 286. 11 Sanford v. Nichols, 13 Mass. 286. 12 Sanford v. Nichols, 13 Mass. 286. 13 Smith v. Maryland, 1 How. 71. 14 Ex parte Burford, 3 Cranch, 448; Murray v. Hoboken L. & I. Co. 18 How. 272; Ex parte Milligan, 4 Wall. 119; Wakely v. Hart, 6 Binn. 316; Bell v. Clapp. 10 Johns. 263; Sailley v Smith, 11 Johns. 500. ARTICLE V. PERSONAL RIGHTS. SECTION 1. Rights of parties accused of crime-rights as to property. 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 offense 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. Amendment, proposed 25th September, 1789: ratified 15th December, 1791. Construction.-The prohibitions in this article are exclusively restrictions upon the Federal powers to prevent interference with the rights of States and their citizens.1 The words "infamous crime are descriptive of an offense that subjects the person to infamous punishment, or prevents his being a witness.2 Misdemeanors cannot be brought within the term "infamous."3 As respects offenses, not capital and not infamous, there is no restriction upon Congress as to the mode of procedure. An indictment must be found by a grand jury; an information may be preferred by an officer of the court.5 A grand jury is a body of men varying from twelve to twentythree, who, in secret, hear the evidence offered by the Government only, and find or ignore bills of indictment. This clause relates to time of war as well as peace.7 "When in actual service in time of war or public danger refers to the militia ; it cannot be extended in time of war on a plea of public danger.9 Cases arising in the land and naval forces, etc., are excepted from presentment and indictment and right of trial by jury.10 An offense committed by a party while actually in the naval service is a 66 case arising in the naval forces."11 And a paymaster's clerk on duty in the navy is a person the naval forces."12 The power to punish military and naval officers is distinct from the power to define judicial powers, 13 and the power of Congress to provide for the Government of the land and naval forces is not affected or limited by this article ;14 but a military commission for the trial of persons not in the military service is unconstitutional.13 A court-martial is a lawful tribunal under the Constitution,16 but if it had no jurisdiction, or should inflict punishment forbidden by law, the civil courts could inquire into the jurisdiction and give redress.17 This article creates no new principles, but is simply declarative of great fundamental principles. 18 See Supplement, post, 320. "in 1 Barron v. Baltimore, 7 Peters, 243; Livingston v. Moore, 7 Peters, 469; Fox v, Ohio, 5 How. 410; Withers v. Buckley, 10 How. 84; Clark v. Dick, 1 Dill, 8; Bonaparte v. Camden and A. R. R. Co. Bald. 220; Murphy v. People, 2 Cow. 815; Barker v. People, 3 Cow. 686; Bering v. Williams, 17 Ala. 516; Jackson v. Wood, 2 Cow. 819; Railroad Co. v. Davis, 2 Dev. & B. 451; James v. Commonwealth, 12 Serg. & R. 220; Hollister v. Union Co. 9 Conn. 436; Powers v. Dougherty, 23 Ga. 65; Boyd v. Ellis, 11 Iowa, 97; State v. Jackson, 21 La. Ann.574; Weimer v. Banbury, 30 Mich. 201; Concord R. R. v. Greely, 17 N. H. 47; Prescott v. State, 19 Ohio St. 184; State v. Shumpert, 1 Rich. N. S. 85; Griffing v. Gibb, McCall. 220; Twitchell v. Comm. 7 Wall. 321; State v. Webb, 46 Iowa, 662. 2 U. S. v. Sheppard, 1 Abb. U. S. 431; U. S. v. Block, 9 Ch. L. N. 234; U. S. v. Maxwell, 3 Dill. 275; 21 Int. Rev. Rec. 148; U. S. v. Waller, Sawy. 701. 3 U. S. v. Elbert, 1 Cent. L. J. 205. 4 U. S. v. Maxwell, 3 Dill. 275; 21 Int. Rev. Rec. 148. 5 Clepper v. State, 4 Tex. 244. 6 People v. King, 2 Caines' Cas. 98; Commonwealth v. Ward, 2 Cush. 149. 7 In re Kemp, 16 Wis. 359. 8 In re Bogart, 2 Sawy. 406. 9 Ex parte Milligan, 4 Wall. 123. 10 Ex parte Milligan, 4 Wall. 123. 11 In re Bogart, 2 Sawy. 406. 12 In re Bogart, 2 Sawy. 406. 13 Dynes v. Hoover, 20 How. 78; In re Bogart, 2 Sawy. 401. 14 In re Bogart, 2 Sawy. 406. 15 Milligan v. Hovey, 3 Biss. 18; In re Bogart, 2 Sawy. 402; Ex parte Field, 5 Blatchf. 79. 16 In re Bogart, 2 Sawy. 406. 17 Marshall's Case, 10 Cranch, 76; Dynes v. Hoover, 20 How. 82. 18 Young v. McKenzie, 3 Ga. 31; Campbell v. State, 11 Ga. 353. Jeopardy.-A prisoner is not once put in jeopardy until the verdict of the jury is rendered for or against him,1 and twice in jeopardy does not relate to a mistrial,2 nor when the jury is discharged from necessity, or the ends of justice would be defeated, as where one of the jury becomes insane, or is attacked with a sudden illness, or if a juror is so biased that he is unfit to sit on the case, or where the jury fail to agree, or where they do not agree on the last day of the term.8 Jeopardy attaches where the verdict of guilty is rendered, and judgment is arrested for want of arraignment and plea." The court may, in its discretion, discharge the jury in a capital case as well as in a case of misdemeanor.10 Where the jury is empanneled and sworn by inadvertence before an argument, the proceeding may be disregarded, and a jury empanneled in regular order. 11 Where the jury was discharged on account of the absence of witnesses, it does not prevent a subsequent trial. 12 Where the indictment on demurrer is held bad, the prisoner may be remanded for further proceedings. 18 The provision is intended to shield the prisoner from a second trial, except at his election and request, which is manifested by his applica |