There are many decisions of the Supreme Court on questions relating to the rights of religious societies; but they do not turn on constitutional questions.

An agreement by the commissioners of the District of Columbia, to maintain a hospital, made with the Sisters of the Roman Catholic church, for poor patients of the District of Columbia, to be paid for by appropriations made by Congress, does not conflict with the 1st Amendment that Congress shall make no law respecting the establishment of religion. Bradfield v. Roberts, 175 U. S., 291.

The appropriation by Congress of money to a hospital for the treatment of poor patients, under a contract, held, not an appropriation to religious societies, in violation of the Constitutional provision respecting an establishment of religion. Bradfield v. Roberts, 175 U. S., 291.

ARTICLE II.

THE RIGHT TO KEEP AND BEAR ARMS.

"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."

The right to bear arms is not granted by the Constitution; nor in any manner dependent upon that instru

ment for its existence.

The Second Amendment means no more than that Congress shall not infringe the right. United States v. Cruikshank, 92 U. S., 542. This amendment is a limitation only on the powers of Congress and the National government. But in view of the fact that all citizens capable of bearing arms constitute the reserved military force of the National government, as well as in view of its general powers, the States can not prohibit the people from keeping and bearing arms, so as to deprive the United States of their rightful resource in maintaining the public security. State legislatures may, however, enact statutes to control and regulate all organizations, drilling, and parading of military bodies and associations except those which are authorized by the militia laws of the United States. Presser v. Illinois, 116 U. S., 252.

ARTICLE III.

QUARTERING OF SOLDIERS IN HOUSES.

"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."

Of this amendment Story says: "Its plain object is to secure the perfect enjoyment of that great right of the common law, that a man's house shall be his own castle privileged against all civil and military in

trusions. The billeting of soldiers in time of peace upon the people has been a common resort of arbitrary princes, and is full of inconvenience and peril. In the Petition of Right (4 Charles I.), it was declared by Parliament to be a great grievance." Story's Com. on Constitution, 5 ed., Sec. 1900. As to the effect of martial law, see, In re Milligan, 4 Wall., 2, 124, 141.

ARTICLE IV.

SECURITY AGAINST SEARCHES AND SEIZURES.

"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 warrant 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."

Searches and seizures.-It does not require actual entry upon premises and search for and seizure of papers to constitute an unreasonable search and seizure within the meaning of the Fourth Amendment. A compulsory production of a party's private books and papers to be used against himself or his property in a criminal proceeding, or for a forfeiture, is within the spirit of the amendment. Boyd v. United States, 116 U. S., 616.

Searches and seizures in the mails.-Letters and da scaled packages in the mails subject to letter postage,

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can be opened and examined only under like warrant issued upon oath or affirmation, particularly describing the thing to be seized, as is required when papers are subjected to search in one's own household. The constitutional guaranty of the right of the people to be secure in their papers against unreasonable searches and seizures extends to their papers thus closed against inspection, wherever they may be. Ex parte Jackson, 96 U. S., 727.

Applies only to National government.-This provision does not apply to searches and seizures made by State authorities; and when letters of an accused person have been seized and used against him in a trial in a State court, no Federal question is presented by such procedure. Spies v. Illinois, 123 U. S., 131. Especially so, when the objection to the admission of such letters was not made, at the trial, but for first time in the State Supreme Court.

Id.

A State statute, which prohibits oyster fishing in modes that would destroy the beds altogether, is within State power of regulation, and it may declare vessels illegally engaged forfeited, and though it does not provide for seizure by warrant on oath that question can not be raised in the Supreme Court of the United States. Smith v. Maryland, 18 How., 71.

Warrants of distress under Federal law.-An act of Congress (3 Stats. at L., 592), authorized the Solicitor of the Treasury to issue warrants of distress against the

property of a revenue officer, for the amount found due on adjusting his accounts in the Treasury department. This act held constitutional, it being usual in English and American law to authorize such provisions. Murray's Lessee v. Hoboken Land Co., 18 How., 272.

ARTICLE V.

SAFEGUARDS TO ACCUSED PERSONS.

"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 offence 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."

Exception in time of war or public danger applies to militia only. In the Fifth Article of the Amendments to the Constitution of the United States providing that no person shall be held to answer for a capital or otherwise infamous crime, unless on 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