USA > Vermont > Outlines of the geography, natural and civil history and constitution of Vermont. Also the Constitution of the United States. with notes and queries > Part 17
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The design of the provision that " no man shall be compelled in any criminal case to be a witness against himself," is to secure to every aceuscd person whatever advantage his total silence may give him. Cruel tortures have in other countries sometimes been used to induce un accused person to confers his guilt. This provi- sion protects not only against those, but against fines, imprisonment, or any other compulsory process whatever. The voluntary confes- sions of an accused person may be given against him, but he cannot be compelled to testify against himself.
It is a principle of the common law that private property shall not be taken for public uses without just compensation, but it was thought best to incorporate it into the Constitution that there might be the most absolute certainty in regard to it. To take the property of an individual without compensation is obviously unjust. But to withhold that property from the public when necessity or the public good requires it is equally unjust. It is a fundamental principle in every civilized community that individual interest anust yield to the general interest. Upon this principle is founded the right of eminent domain, by virtue of which the government
subject for the same offense to be twice put in jeopardy of life or limb ? In what cases may a person he tried a second time for the same offense ? When only has a person been put in jeopardy of life or limb ? What is the design of the provision that no man shall be compelled in a criminal case to testify against himself ? How have confessions of guilt sometimes been extorted ? Against what does this provision protect ? What confessions of an accusod person may be given in evidence against him ?
Why was the principle incorporated into the Constitution that private property shall not be taken for public use without just compensation ? What is a fundamental principle in every civilized .community? What right is founded on that principle? Name
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may use private property for public purposes. In the exercise of this right, the lands of individuals are taken for the purposes of high- ways, railroads, school houses, and other public usce. The Consti- tution checks the exercise of this right by declaring that just compensation shall in all such cases be made to the owner. The amount of compensation may be determined in any just method prescribed by law.
ARTICLE FI. OF AMENDMENTS.
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 ascer- tained 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 wit- nesses in his favor, and to have the assistance of counsel for his defense.
The object of this article is to secure justice and impartiality in the trial of criminal prosecutions. The accused person is entitled to a speedy trial, because otherwise he might suffer a long and un- necessary imprisonment, or be otherwise wronged by the needless delay of justice. Ilis trial must be public, because publicity is more likely to secure fairness both from court and jury. It must be by a jury of the state and district within which the crime was committed, that he may have whatever advantage is to be derived from their personal knowledge of him and of the circumstances connected with the crime. He is to be informed of the nature and cause of the accusation, that he may know precisely what charges he must be prepared to meet. Ile is entitled to the assistance of counsel and the compulsory attendance of witnesses, that he may
some instances of the exercise of this right ? How does the Con- stitution check the exercise of this right ? How may the amount of compensation be determined ?
What rights are secured to the accused in all criminal prosecu- tions ? Why is he entitled to a speedy trial ? Why to a public trial ? Why must the jury be of the state and district within which the crime was committed? Why is the accused to be informed of the nature and cause of the accusation ? Why is he
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not be tried without the opportunity of making the best possible defense.
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ARTICLE VII. OP AMENDMENTS.
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 faet, tried by a jury, shall be other- wise re-examined in any court of the United States, than according to the rules of the common law.
This article was adopted in order to obviate an objection against the Constitution as originally framed that it did not secure the right of trial by jury in civil cases. By the term "' common law," as used in this article, is to be understood the common law of Eng- land as adopted in this country. It is distinguished from statute law by its consisting of precedents, rules, and decisions of courts, instead of being enacted by legislative authority. The provisions of this article do not extend to cases of equity or admiralty jurisdic- tion, but in them the judge determines the facts as well as the law.
ARTICLE VIN. OF AMENDMENTS.
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
Bail is security given by a prisoner, upon his release from cus- tody, that he will appear for trial at a certain time and place. If excessive bail were to be required he might be unable to procure it, and would be retained in confinement. Fines are sums of money required to be paid by way of punishment for minor offenses. If excessive fines were imposed, the convict might be unable to pay them, and would be compelled to submit to imprisonment or other degrading punishment. In some countries, criminals are punished
entitled to the assistance of counsel and the compulsory attendance of witnesses ?
What is declared in article seventh regarding trial by jury ? Why was this article adopted ? What is meant by the term " com- mon law " ? llow is it distinguished from statute law ? What cases do not come within the provisions of this article ?
What is provided in article eighth ? What is bail ? Why may not excessive bail be required ? What are fines ? Why may not excessive fines be imposed ? What is the object of the provision against cruel and unusual punishments ?
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by torture, or maiming, and punishment by death is aggravated by an increase or lengthening of its pains. To guard against such in- humanity, is the object of the last clause of this article.
SEC. 3. Clause 1. Treason against the United States shall consist only in levying war against them, or in ad- hering to their enemies, giving them aid and comfort. No person shall be convicted of treason, unless on the testi- mnony of two witnesses, to the same overt act, or on confes- sion in open court.
Treason is the highest erime that can be committed against the government of the United States. Levying war against the United States is the embodying or assembling of men to subvert, by force, the government, violently to dismember the union, to compel a change in theadministration, or to compel the repeal or the adoption of any general law. In such a case, not only the leaders and prime movers, but all who assemble or are accessory to the assembling, or who perform any act, however remotely from the scene of action, and who are actually leagued in the general conspiracy, are guilty of treason. Giving aid and comfort to the enemies of the United States is furnishing them with money, food, medicines, munitions of war or anything else that may help them carry on a war, or holding correspondence with them or giving them intelligence directly or indirectly. The testimony of two witnesses or a con- fession in open conrt is required to justify a conviction of treason, because the crime is of the most heinous nature, and no one should be convicted of it except upon the clearest evidence of guilt. The rebellion of 1861 was an exhibition of treason npon a gigantic scale. All the statesmen, generals, und soldiers of the southern confederacy were guilty of treason in levying war, and a great multitude of other persons in the northern states as well as in the southern, were guilty of treason in giving nid and comfort to the enemies of the United States.
In what does treason against the United States consist ? What is the enormity of the crime? What is levying war against the United States ? Who are guilty of treason in such a case ? What is giving aid and comfort to the enemies of the United States ? Why is the testimony of two witnesses or a confession in. open. court necessary to justify a conviction of treason ? Who were guilty of treason in the rebellion of 1861, and in what manner ?
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Clause 2. The Congress shall have power to declare the punishment of treason, but no attainder of treason shall work corruption of blood, or forfeiture, except during the life of the person attainted.
An act of Congress, passed in 1790, declares that the punish- ment for treason shall be death, and for having knowledge of the commission of treason, and concealing it, a fine not exceeding seven thousand dollars and imprisonment not exceeding seven years. By the ancient law of England, one of the consequences of conviction of treason was attainder, which led to a forfeiture of all the prop- erty of a criminal, and to what was termed " corruption of blood," by which the criminal was disabled from inheriting lands, holding title to them, or transmitting them to his heirs. An act of Con- gress, passed in 1790, declared that neither forfeiture of estate nor corruption of blood should be a part of the punishment of any crime.
ARTICLE IV.
MISCELLANEOUS PROVISIONS.
SEC. 1. Full faith and credit shall be given in each state to the public acts, records, and judicial proceedings of every other state. And the Congress may, by general laws, prescribe the manner in which such acts, records, and proceedings shall be proved, and the effect thereof.
The acts, records, and judicial proceedings of foreign countries, are of no authority in this country. They must be proved like other facts, and are only prima facie evidence of what they profces to certify. The design of this section was to place the acts, records, and judicial proceedings of the several states upon a more favorable basis, and to give them the same eredit, validity and effect in every other state, as they have in the state to which they
What is declared in the second clause of section three ? What is the punishment for treason ? What for having knowlege of treason and concealing it ? What was attainder, and to what did it lead ? What has Congress enacted in regard to it ?
What is declared in section one of article four ? How are the acts, records, and judicial proceedings of other countries regarded in this ? How are they to be proved, and with what effect ? What 10
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belong. Congress has provided that records and judicial proceed- ings shall be authenticated by the attestation of the clerk of the court, with the seal of the court, if there be a seal, and the cer- tificate of the judge or presiding magistrate, that the attestation is in due form.
SEc. 2. Clause 1. The citizens of each state shall be entitled to all privileges and immunities of citizens in the several states.
The design of this section is to secure and perpetuate mutual friendship and intercourse among the people of the several states, It establishes a national citizenship, based upon the intimate social, commercial and political relations which citizens of the United States sustain towards each other. The United States are one nation, and a citizen of one part of it is also a citizen of each and every other part.
Clause 2. A person charged in any state with treason, felony, or other crime, who shall flee from justice, and be found in another state, shall, on demand of the executive authority of the state from which he fled, be delivered up, to be removed to the state having jurisdiction of the crime.
The design of this clause is to prevent justice from being dc- feated and criminals from going unpunished by the escape of crim- inals from one state to another. It makes the rendition of such fugitives a constitutional duty. To make the rendition a duty, it must be made to appear that the alleged crime was committed in the state from which the fugitive is charged to have fled, and that it is a crime against the laws of that state. The term "other crime " was inserted in order that all proper cases might be in- cluded.
was the design of this section ? How are records and judicial proceedings to be authenticated ?
What is guaranteed in section two, to the citizens of each stat - 9 What was the design of this section ? What does it establis Upon what is national citizenship founded ?
What is provided in regard to fugitives from justice ? What @ the design of this provision ? What must appear in order to main the rendition a duty ? Why was the term " other crime " inser _3 in the clause ?
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Clause 3. No person held to service or labor in one state, under the laws thereof, escaping into another, shall, in consequence of any law or regulation therein, be dis- charged from such service or labor, but shall be delivered up, on claim of the party to whom such service or labor may be due.
This clause relates to apprentices, and perhaps to other persons who have entered into voluntary contracts of service. It applies also to slaves, and establishes the principle that the master of a fugitive slave is entitled to retake the slave wherever he may find him, without any hindrance from state laws. The war for the preservation of the union has so overthrown the system of slavery, that this clause and the acts of Congress made in pursuance of it, are of little practical consequence nywhere, and of none at all in Vermont.
SEC. 3. Clause 1. New states may be admitted by the Congress into this union ; but no new state shall be formed or erected within the jurisdiction of any other state; nor any state be formed by the junction of two or more states, or parts of states, without the consent of the legislatures of the states concerned, as well as of the Congress.
Vermont was the first state admitted into the union, under this clause. Twenty-two states have been admitted, up to the present time (1864,) making the whole number thirty-tive. There are three methods of admission ; by the joint act of Congress and of n state, forming a new state from the territory of an existing state, as in the cases of Maine, Kentucky, and Western Virginia ; by an act of Congress, forming a new state directly from the territory of the United States, as in the cases of Mistouri, Kansas, and many others ; and by a joint resolution of Congress and a foreign state annexing the state to the United States, as in the case of Texas.
What is declared in regard to persons owing labor or service, and cseaping from one state to another ? To what classes of persons does this provision relate ? What principle does it establish in re- gard to fugitive slaves ? How was this clause affected by the war of 1861 ?
What is provided in regard to the admission of new states into the union ? What state was first admitted ? How many new states have been admitted? How many methods of admission are there ?
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The prohibition of the division of any state or the junction of two or more states or parts of states, was designed to quiet any appre- hensions which the larger states might entertain of having their territory divided without their consent, and which the smaller states might feel, of being annexed to adjoining states or united to form a larger state without their consent.
Clause 2. The Congress shall have power to dispose of and make all needful rules and regulations respecting the territory or other property belonging to the United States; and nothing in this constitution shall be so con- strued as to prejudice any claims of the United States, or of any particular state.
By virtue of this clause Congress establishes goverments for the territories prior to their admission into the union as states. It also exercises the power of disposing of the public lands by sale or grant.
The Constitution makes no direct provision for the acquisition of additional territory by the United States ; but under this section, Congress claims and exercises the right of acquiring such territory. In 1803, the " Louisiana territory," including what now consti- tutes Louisiana, Arkansas, Missouri, and several other states, was acquired by purchase from France. In 1819, Florida was ceded by Spain to the United States. In 1848, California and the adjacent territories were ceded by Mexico. Several states have at different times ceded territory to the United States, and large tracts of land have been procured, by purchase or otherwise, from the Indians.
SEC. 4. The United States shall guaranty, to every state in this union, a republican form of government, and shall protect each of them against invasion ; and, on ap-
What are they ? What is provided in regard to the division of a state or the union of two or more states ? What is the design of this provision ?
What power has Congress in regard to the territory and other property of the United States? How does Congress exercise this power ? By what right does Congress acquire additional territory for the United States ? What territory has been so acquired and how ?
What does the United States guaranty to every state ? Why ?
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plication of the legislature, or of the executive (when the legislature cannot be convened,) against domestic violence.
A republican government is guaranteed to each state, because the establishment of any other form of goverment in any state or states might endanger the whole union ; and if the nation could not interfere to prevent monarchy or despotism in a state, it might be compelled to be a passive witners of its own destruction. The power here granted is adequate to prevent all unconstitutional change in the government of a stute or states. The obligation to protect the states from invasion and domestic violence is justly assumed by the United States, inasmuch as the Constitution pro- hibits the individual states from keeping troops as a standing army, or ships of war in time of peace, and if they could not call upon the government for protection they would be quite defenceless.
ARTICLE V.
MODES OF AMENDING THE CONTSITUTION.
The Congress, whenever two-thirds of both houses shall' deem it necessary, shall propose amendments to this con- stitution ; or, on the application of the legislatures of two- thirds of the several states, shall call a convention for proposing amendments, which, in either case, shall be valid to all intents and purposes, as part of this constitution, when ratified by the legislatures of three-fourths of the several states, or by conventions in three-fourths thereof, as the one or the other mode of ratification may be proposed by the Congress ; provided that no amendments which may be made prior to the year one thousand eight hundred and eight, shall in any manner affect the first and fourth clauses in the ninth section of the first article ; and that no state, without its consent, shall be deprived of its equal suffrage in the Senate.
To what is the power here granted adequate? From what is the United States bound to protect cach of the states ? When is it bound to protect them from domestic violence? Why is the obli- gation justly assumed by the United States ?
By what two methods may amendments to the Constitution be proposed ? When do such proposed amendments become valid ab
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This article provides for a peaceable alteration of the Constitu- tion whenever the changing condition of the people shall make such alteration necessary ; and prevents, except in case of a sudden and violent revolution, any fundamental change, unless in the ways here prescribed. At the same time it carefully guards against rash and unadvised alterations. The large majorities which are required to propose amendments and the much larger majorities that are re- quired for their adoption, are a security that no changes will be made except such as are really demanded by the people. The pro- viso to this article places three provisions of the Constitution be- yond the power of amendment, two of them for a limited time, the third permanently. The time limited by the proviso having long sinee expired, the first and fourth clauses in the ninth section of the first article are now liable to be amended. The restriction against depriving any state of its equal suffrage in the Senate, is for the protection of the smaller states, and is perpetual.
ARTICLE VI.
MISCELLANEOUS PROVISIONS.
Clause 1. All debts contracted, and engagements en- tered into, before the adoption of this Constitution, shall be as valid against the United States under this Constitution as under the confederation.
This clause was designed as a guaranty to the creditors of the United States, that all obligations incurred prior to the adoption of the Constitution should remain in full force. It is a mere re- affirmance of a principle of the law of nations, that national debts und obligations survive all changes of government.
Clause 2. This Constitution, and the laws of the United States which shall be made in pursuance thereof, and all
parts of the Constitution ? For what does this article provide ? What does it prevent ? Against what does it guard ? How ? What is prohibited by the proviso to this article ? How is a part of this prohibition affected by the lapse of time? What is the object of the restriction against depriving any state of its equal suffrage in the Senate ?
What is declared concerning obligation incurred before the adoption of the Constitution ? Of what principle is this declara- tion a re-affirmanee ?
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treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby ; any thing in the constitution or laws of any state to the con- trary notwithstanding.
The Constitution and constitutional laws of the United States are made the supreme law of the land, because the government would be powerless and inoperative if the individual states could enact laws contrary to those of the United States, or if individunl citizens could violate them with impunity. Treaties are also made the supreme law, because there is no other way of enforcing their observance by the states, and if the states did not observe them foreign nations would soon cease to make treaties with us. But laws of the United States not made in pursuance of the Constitu- tion, but contrary to it, are of no binding force, and it is the right and duty of judges to declare them void.
Clause 3. The senators and representatives before men- tioned, and the members of the several state legislatures, and all the executive and judicial officers, both of tho United States and of the several states, shall be bound, by oath or affirmation, to support this constitution ; but no religious test shall ever be required, as a qualification to any office or publie trust under the United States.
This clause makes fidelity to the Constitution a qualification for holding any legislative, executive, or judicial office, under the Uni- ted States or any individual state. Officers of the United States are required to take the oath to support the Constitution, because they are directly concerned in the administration of a government and laws that are based upon the Constitution. Officers of the several states are required to take the same orth, not only because
What constitutes the supreme law of the land ? Why are the Constitution and constitutional laws of the United States made a part of the supreme law ? Why are treaties made a part of that law ? Of what force are laws which are not in pursuance of the Constitution ?,
Who are required to make oath to support the Constitution ? What is the effect of this requirement ? Why are officers of the United States required to take the oath ? Why officers of the sey-
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they owe obedience to the Constitution as the supreme law of the land, but because the duties of their offices often require them to give effect to the supreme law. It adds greatly to the enormity of the guilt of the leaders in the rebellion of 1861, that they had bound themselves by all the solemnity of an oath, often repeated, to support the Constitution and uphold the government which by that rebellion they attempted to overthrow. The prohibition of u religious test as a qualification for office was designed to guard against the union of church and state which exists in England, and some other European countries, and which excludes from office all persons who are not members of a partienlar church.
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