Const. U. S. Art. I, § ix, 2; 2 Stor. Const. § 1338 & seq.. 4. Prohibition of General Warrants, to search unnamed places, or to arrest unnamed persons; and also the quartering of soldiers in private houses.

Const. U. S. Amendm't IV; Id. Art. III; 2 Stor. Const. § 1900 & seq.

55. Prohibition of excessive bail, excessive fines, and of cruel and unusual punishments.

Const. U. S. Amendm't VIII; 2 Stor. Const. § 1903-'4.

68. Prosecutions for capital, or otherwise infamous crimes, to be only 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 in time of war or public danger.

Const. U. S. Amendm't V; 2 Stor. Const. § 1784 & seq.; Ex-parte Milligan, 4 Wal. 3.

78. No one for the same offence to be put twice in jeopardy of life or limb.

Const. U. S. Amendm't V; 2 Stor. Const. § 1787.

8. Self-crimination not to be compelled.

Const. U. S. Amendm't V; 2 Stor. Const. 1788. 98. None to be deprived of life, liberty, or property without due process of law.

Const. U. S. Amendm't V; 2 Stor. Const. 1788-'9. 10%. Accused to enjoy the right to a speedy, and public trial, by an impartial jury of the State and district wherein the crime was committed.

Const. U. S. Amendm't VI; 2 Stor. Const. § 1791; Gut's case, 9 Wal. 37.

11%. Accused to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for witnesses in his favor; and to have counsel.

Const. U. S. Amendm't VI; 2 Stor. Const. § 1792

& seq.

2. The safe-guards in Virginia, of the Right of Private Property; W. C.

1. Safe-guards against encroachments by the State Government; W. C.

18. Prohibition of the taking of private property for public uses, without just compensation.

Va. Const. 1869, Art. V, § 14; 2 Stor. Const. § 1790; Crenshaw v. Slate, Riv. Co., 6 Rand. 245; Jas. Riv. & Kan. Co. v. Turner, 9 Leigh, 313; Jas. Riv. & Kan. Co. v. Thompson & als., 3 Grat. 270; Pumpelly v.

Gr. Bay Co., 13 Wal. 166; Loan Assoc'n. v. Topeka, 20 Wal. 655; Cooley's Const. Lim. 351 & seq. 28. Prohibition of laws impairing the obligation of Con

tracts.

Const. U. S. Art. I, § x, 1; Va. Const. 1869, Art. V, § 14; Bronson v. Kinzie & als., 1 How. 311; McCracken v. Hayward, 2 How. 608; Von Hoffman v. City of Quincy, 4 Wal. 548; Curran v. Arkansas, 15 How. 319; Taylor v. Stearns & als., 18 Grat. 244, 262, 272; Quackenbush v. Danks, 1 Denio, (N. Y.) 128; S. C. 3 Denio, 594; State v. Carew, 13 Richards. Law, (S. C.) 506; 2 Stor. Const. § 1374 & seq.; White v. Hart, 13 Wal. 646; Bk. of Old Domin'n v. McVeigh, 20 Grat. 457; Homestead cases, 22 Grat. 288; Antoni v. Wright, 22 Grat. 841, & seq.; Gunn v. Barry, 15 Wal. 622.

38. Reservation of jury-trial in controversies respecting property, and suits between man and man.

Va. Const. 1869, Art. I (Bill of Rights), § 13.

4. Taxation to be only by consent of the people, or their representatives.

Va. Const. Art. I (Bill of Rights), § 8.

58. Taxation to be equal and uniform, and ad valorem. Va. Const. 1869, Art. X, § 1 to 6.

68. State-debt prohibited, (except in a few cases, e. g., public defence, &c.,) whether State be principal or surety.

Va. Const. 1869, Art. X, § 7, 12, 13 to 15.

78. Prohibition of the suspension of laws, save by the legislature.

Va. Const. 1869, Art. I (Bill of Rights), § 9. 88. No money to be paid out of the State-treasury save in pursuance of appropriations made by law; and all acts of appropriation to be determined by ayes and noes recorded, and only by a majority of all the members elected to each house.

Va. Const. 1869, Art. X, § 10, 11.

9. Prohibition of Duty on Imports or Exports, &c. Const. U. S. Art. I, § x, 2; 1 Stor. Const. § 1016 & seq.

2. Safe-guards against encroachments on Private Property by the Federal Government; W. C.

1. Prohibition of the taking of private property for public uses, without just compensation.

Const. U. S. Amendm'ts V; 2 Stor. Const. § 1790; 2 Kent's Com. 275-'6; 1 Tuck. Bl. Appx. 305-'6. 28. Reservation of Jury-trial in Suits at Common law, where the value exceeds $20.

Const. U. S. Amendm'ts V; 2 Stor. Const. § 1769

& seq. 3. Direct taxation, (i. e. of lands and persons,) to be apportioned amongst the States, according to population; Indirect to be uniform.

Const. U. S. Art. I, § ii, 3; Id. § viii, 1; 1 Stor. Const. § 954 & seq.; Id. § 630 & seq.; Id. § 951, &c.; Veazie Bank v. Fenno, 8 Wal. 533.

48. Prohibition of Duty on Exports.

Const. U. S. Art. I, § ix, 5; 1 Stor. Const. § 1013 & seq. 58. Prohibition of preference of ports of one State over those of another.

Const. U. S. Art. I, § ix, 6.

3o. The Safe-guards in Virginia, of the Right of Freedom of Conscience; W. C.

1. Safe-guards against encroachments by the State government: W. C.

1o. Declaration that all men are equally entitled to the free exercise of religion, according to the dictates of conscience.

Va. Const. 1869, Art. I (Bill of Rights), § 18. 28. Prohibition of any restraint in respect of religious worship, or belief, or support of ministry; or of religious test, &c. (Va. Const. 1869, Art. V, § 14.) 2. Safe-guards against encroachments by the Federal government; W. C.

Congress is to make no law respecting an establishment of religion, or prohibiting the free exercise thereof. (Const. U. S. Amendm'ts, I; Cooley's Const. Lim. 467 & seq.)

4. The constitutional provisions intended to secure all these Rights; W. C.

1. Against encroachments by the State government; W. C. 18. Freedom of the press secured, and also of speech. Va. Const. Art. I (Bill of Rights), § 14.

28. Declaration that equal civil and political rights and public privileges belong to all citizens of the State.

Va. Const. 1869, Art. I (Bill of Rights), § 20; Const. U. S. Amendm'ts. Art. XIII, § 1; Id. Art. XIV, $ 1.

38. Declaration that a Militia is the natural and safe defence of a free State; that standing armies in time of peace are dangerous to liberty, and that in all cases the military should be subordinate to the civil power. (Va. Const. 1869, Art. I (Bill of Rights), § 15.) 2. Constitutional provisions to secure all the Absolute Rights against encroachments by the Federal government; W. C.

18. Freedom of speech and of the press secured.

Const. U. S. Amendments, Art. I; Cooley's Const. Lim. 414 & seq.

28. Right peaceably to assemble, and petition Government for a redress of grievances, secured.

Const. U. S. Amendm'ts. Art. I.

38. Right to keep and bear arms not to be infringed. Const. U. S. Amendm'ts. Art. II; Cool. Const. Lim. 350.

2. Relative Rights which concern the Person, in respect to Natural Persons.

Being rights, with their correspondent duties, which concern or relate to the person, and belong to persons, as they are members of society, and stand in various relations to each other, either (1), Public, or (2), Private. (1 Bl. Com. 145); W. C.

1o. The Public Relations, and the rights and correspondent duties belonging thereto.

We are to discuss under this head, (1), The rights which concern persons in the relation of magistrates; and (2), The rights which concern persons in the relation of people;

W. C.

14. The Relation of Magistrates, and the rights and correspondent duties belonging thereto;

Magistrates are either (1), Supreme; or (2), Subordinate; and the doctrines touching the rights and correspondent duties growing out of the relation are to be disposed accordingly. (1 Bl. Com. 146 & seq.)

W. C.

1o. Supreme Magistrates.

The supreme magistracy in England consists of (1), The Supreme Legislature, or Parliament; and (2), The Supreme Executive, or King; as to the Judiciary, that is treated by Blackstone as an emanation from, and a branch of the Executive department.

W. C.

CHAPTER II.

OF THE PARLIAMENT.

1'. The Legislature in England, or Parliament.

We may explore what is most necessary to be known touching the parliament of England, or rather, as it now is, of Great Britain and Ireland, by adverting to (1), The original and antiquity of parliament; (2), The

manner of the summons and assembling of parliament; (3), The constituent parts of the parliament; (4), The laws and customs of parliament; (5), The mode of proceeding in parliament; and (6), The mode of dissolution of parliament. (1 Bl. Com. 146 & seq.; Bac. Abr. Court of Parliament; Id. Statute.)

W. C.

18. The original and antiquity of Parliament.

A general council has been held immemorially in England, under the several names of michel-synoth, or great synod, michel-gemote, or great meeting, wittenagemote, or meeting of wise men, commune concilium, curia magna, assisa generalis, and since the Conquest, Parliament, or assembly for conference. (1 Bl. Com. 147, & seq.; Bac. Abr. Court of Parliament (A); 1 Hal. Const. Hist. of Eng. 2 & seq.; Stubbs' Const. Hist. 566.)

2g. The Manner of the summons and assembling of Parliament.

Summoned by the King's writ, issuing out of chancery, and addressed to each lord of parliament, commanding his attendance; and to every sheriff of every county, for the election of knights, citizens and burgesses, within their respective counties. (1 Bl. Com. 150; Bac. Abr. Court of Parliament, (C).)

The Convention-parliaments, which in 1660 restored Charles II, and in 1688 disposed of the crown and kingdom to William and Mary, are justified by the peculiar necessities of those occasions. (1 Bl. Com. 151-2; 2 Hal. Const. Hist. 225, 238; 3 do. 70 & seq.)

At the return of the writ, the parliament does not begin but in the presence of the King, either in person or by representative, empowered by letters-patent, under the great seal, if the King be out of the realm, or by commission under the great seal, if he be within it. (Bac. Abr. Court of Parliament, (C).)

35. The constituent parts of the Parliament.

The constituent parts of the parliament are, (1), The king or queen; (2), The lords, spiritual and temporal; and (3), The commons. Each part has a negative, or necessary voice in making all laws. (1 Bl. Com. 153 & seq; Bac. Abr. Court of Parliament, (C).) W. C.

1. The King or Queen reigning.

1 Bl. Com. 153 & seq.

2. The lords spiritual, and the lords temporal.

They seem to have been originally designed as distinct estates, and are so named in Acts of Parliament,