the back of the bill the words not a true bill,' or not found,' or 'ignoramus,' which means, We know nothing of it. The accused is then entitled, if in custody, to be discharged. An innocent party is thus spared the pain and obloquy of being publicly tried upon a criminal charge.

354. On the other hand, if the grand jury think the evidence is sufficient to support the indictment, they endorse on the back of it, a true bill.' It is then said to be found, and is publicly taken into court by the jury; the accused is then held to answer, and may be put on his trial.

355. It will be observed that the intervention of a grand jury is imperatively required only when the crime is capital, that is, punishable with death, or otherwise infamous. In crimes of an inferior grade their services may be dispensed with, and an accused party be tried without their first having found a bill of indictment against him. But, in practice, all crimes of whatever grade are laid before them, and only tried upon indictments found by them.

Courts-martial.

356. In the government of the army and navy, and also of the militia when in actual service, in time of war, or public danger, offences are tried and punished by courts-martial, according to the rules

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established by Congress. A court-martial is composed of military or naval officers, for the trial of offences against the laws of the service in the army or navy.

No Person to be put twice in Jeopardy.

357. No person shall be subject for the same offence to be twice put in jeopardy of life and limb; that is, he shall not be again tried for such offence, after having been once acquitted or convicted. The court, however, may discharge a jury from giving a verdict without the consent of the prisoner whenever, in their opinion, there is a manifest necessity for doing so, or the ends of public justice would be otherwise defeated. In such case he may be tried again, because it is not considered that he has been put in jeopardy of life and limb. He may also be tried again when, after a verdict of conviction, the court grants a new trial in his favor. In neither case is he judicially considered to have been put in jeopardy.

Not to be a Witness against himself.

358. No person shall be compelled in any criminal case to be a witness against himself. This is to prevent any resort to those cruel and unjust means which have been employed in other countries to extort a confession of guilt. An accused party is presumed

to be innocent until his guilt is made to appear by legal proof. His own voluntary confession may be given in evidence; but he cannot be compelled to testify against himself.

Not to be deprived of Life unless, &c.

359. No person shall be deprived of life, liberty, or property, without due process of law, that is, without legal warrant therefor being first obtained in the regular course of legal proceedings.

Private Property not to be taken for Public Use unless, &c.

360. Private property cannot be taken for public use without just compensation. A similar provision is to be found in the constitutions of the several states, so that neither the government of the United States nor that of the individual states can arbitrarily take private property. It must be taken only for the public use, and just compensation must be made. for it.

Rights of Defendants in Criminal Cases.

361. Another of the amendatory articles declares that, 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 be informed of the nature and cause of the accusation; be confronted with the witnesses against him; have compulsory process for obtaining witnesses in his favor; and have the assistance of counsel for his defence.

362. We have seen in a previous section (sec. 346) that the trial of all crimes must be by jury, and also be held in the state where they were committed; but this amendment of the Constitution was intended still further to insure justice to a person accused of a criminal offence. It secures to him a speedy and public trial by an impartial jury of the state and district wherein the crime was committed, which district must have been previously ascertained by law.

363. He is to be informed of the nature and cause of his accusation. This is done in the indictment, which carefully sets forth both; and Congress have provided that in cases of treason the accused shall have a copy of the indictment delivered to him three entire days at least before the trial, and in other capital cases at least two entire days before the trial.

364. He is to be confronted with the witnesses against him, that is, they must give in their testimony in his presence. He is also to have compulsory pro

cess for obtaining witnesses in his favor, and to have the assistance of counsel for his defence.

Excessive Bail not to be required.

365. One of the amendments to the Constitution declares that excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

366. Bail is the security given for the release of a prisoner, and his appearance in court at a designated time to meet his trial. By Act of Congress bail must be admitted upon all arrests in criminal cases, except where the punishment may be death, in which case it shall not be admitted but by the Supreme or a Circuit Court, or by a justice of the Supreme Court, or a judge of a District Court, who must exercise their discretion whether to admit it or not, upon a consideration of the nature and circumstances of the offence, and of the evidence and usages of law. It would be vain, however, to provide for the discharge of persons in custody upon their giving bail, if such provision could be defeated by the courts requiring excessive bail. They might not be disposed to require it; but the Constitution has very properly put it out of their power to exercise any discretion in the

matter.