Bill of attainder: As the term is used above it has been decided by the courts to include what is known as a bill of pains and penalties. A bill of attainder is a law whereby sentence of death is pronounced against a person without a trial in court, that is, his life is declared forfeited without a formal accusation, and without the right of defense. A bill of pains and penalties is a law declaring a less punishment than death, such as imprisonment, a fine, the loss of property, in the same manner.

An ex post facto law is one which makes that a crime which was not such at the time the act was committed, or which increases the punishment after it is committed, or which puts a party to a disadvantage in relation to the commission of an offence, after its commission. The term applies only to criminal proceedings.

Powers which the State cannot exercise. No state can enter into any treaty, alliance or confederation, grant letters of marque and reprisal, coin money, emit bills of credit; make anything but gold and silver coin a tender in payment of debts; pass any bill of attainder or ex post facto law, or law impairing the obligation of contracts, or grant any title of nobility.

No state can, without the consent of Congress, lay any imposts or duties on imports or exports, except what may be absolutely necessary for executing its inspection laws; and the net produce of all duties and imposts laid by any state on imports or exports shall be for the use of the treasury of the United States, and all such laws are subject to the revision and control of Congress. No state can, without the consent of Congress, lay any duty of tonnage, keep troops or ships of war in time of peace, enter into any agreement or contract with another state, or with a foreign power, or engage in war, unless actually invaded, or in such imminent danger as will not admit of delay.

No state can make or enforce any law which shall abridge the privileges or immunities of citizens of the United States, nor shall any state deprive any person of life, liberty or property without due process of law, nor deny to any person within its jurisdiction the equal protection of the laws.

Letters of marque and reprisal: These consist of an authority furnished by the government to an individual to seize the property of a foreign nation, or its subjects, as a

retaliation for injuries. They may be granted in times of peace, but are usually granted in times of war.

Laws impairing the obligation of contracts: This is a very important clause, and has been the subject of much discussion by the courts. It should be noted that this prohibition applies only to the states. By the obligation of a contract is meant the duty of a party to perform it. This clause prevents the legislature of a state from in any way interfering with the rights acquired by parties under a contract, or to take away or decrease in efficiency the remedies for its enforcement. In the famous Dartmouth College case, the Supreme Court of the United States decided that a corporate charter granted by a state, when the right to repeal it is not reserved, cannot be repealed or modified so as to take away any valuable right granted. The right to alter or repeal charters is now reserved in all cases.

Some personal rights guaranteed by the constitution.-A great many personal rights grow out of the various powers and restrictions mentioned in the last two sections. Besides these, the following important ones may be mentioned: The trial of all crimes shall be by jury, and such trial must be had in the state where the crime was committed.

Treason against the United States shall consist only in levying war against them, or in adhering to their enemies, giving them aid and comfort. No conviction can be had for treason except upon the testimony of two witnesses, to the same overt act, or upon confession in open court.

The citizens of each state shall be entitled to all privileges and immunities of citizens in the several states.

No search warrants can be issued except upon probable cause supported by oath or affirmation and particularly describing the place to be searched or the persons or things to be seized.

No person can be held to answer for a capital or otherwise infamous crime unless on indictment by a grand jury..

nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall he 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.

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 to be informed of the nature of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defence.

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

Slavery in any place subject to the jurisdiction of the United States is prohibited. The right of citizens of the United States to vote shall not be denied or abridged by the United States or any state on account of race, color or previous condition of servitude.

Trial by jury is one of the sacred rights of the English race, and is demandable in every criminal prosecution. The Declaration of Independence complained of King George: "He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his assent to their acts of pretended legislation. . . ., depriving us in many cases of the benefits of trial by jury; .... transporting us beyond seas to be tried for pretended offences.”

Treason is carefully defined, as in England a great many acts were construed to be constructive treason, which were not in the nature of treason.

A search is an inspection of one's property or person to seize property which has been stolen or is illegally used, or to obtain evidence to prosecute for crime. In order to guard against unreasonable searches, the above provision was enacted.

An indictment is an accusation preferred against an individual by a grand jury, which is a body of men which first inquires into the commission of the crime and the accused's probable guilt, and then prefers the charge.

Jeopardy of life or limb: A person is in jeopardy under this provision when he is put on trial for crime before a jury. He cannot be tried again, no matter what the outcome of the prosecution, except in case of disagreement, or in case a new trial is granted at his request. For instance, if, while a man is being tried before a jury, the judge should erroneously

dismiss the jury, the accused could not be put on trial again. Nor can he be tried for any offence when he has already been punished for an offence which was included in the offence prosecuted for. For instance, if one who had committed murder were accused only of assault and battery and found guilty, he could not thereafter be prosecuted for the murder, because the crime of assault and battery is included in murder.

Witness against himself: This is an important provision. An accused cannot be compelled in any way to give evidence against himself which would tend to convict him of crime. Thus, if a person who had committed a murder could be identified by a cut on his arm, he could not be compelled in court to roll up his sleeve for identification. An accused may testify, however, if he wishes, and if he does so, he waives his privilege, and must answer fully on nation.

cross exami

Due process of law: The courts have not definitely defined what is meant by this phrase. Daniel Webster in a celebrated case gave the following definition, which has been often quoted: "By the law of the land is most clearly intended the general law; a law which hears before it condemns; which proceeds upon inquiry and renders judgment only after trial. The meaning is that every citizen shall hold his life, liberty and property and immunities under the protection of the general rules which govern society. Everything which may pass under the form of an enactment is not therefore to be considered the law of the land." In short, the phrase indicates judicial or other proceedings which are in harmony with the general principles of the law of this country.

Cruel or unusual punishment: This clause, generally speaking, prohibits punishments not in vogue when the constitution was adopted, and such punishments as are palpably disproportionate to the offence. It does not prohibit the death penalty in proper cases, nor execution by shooting or electricity.

The Wisconsin Constitution.-The present constitution was adopted by the people of the state in 1848, when Wisconsin became a state. It resembles in many respects the constitution of the United States, especially in its limitations upon the powers of the state in regard to personal and prop

erty rights, and its declaration of fundamental principles. What has been said generally of the constitution of the United States applies also to that of Wisconsin. Many provisions are common to both. It should be noted that while the United States constitution contains an enumeration of powers, the state constitution does not, for the reason that, as already explained, the state has unlimited power in regard to legislation, except as limited by either of the constitutions. The following are some of the

Important provisions: Slavery is prohibited; liberty of speech and of the press is granted, but the right cannot be abused by libelling or slandering. The people have a right to assemble and petition the government for a redress of grievances. A trial by jury is demandable in every suit at law. Cruel and unusual punishments cannot be inflicted.

In criminal prosecutions the accused has the right to be heard by himself and counsel; to know the accusation against him; to meet the witnesses against him face to face; to have compulsory process for the attendance of witnesses in his behalf; the right to a speedy and public trial by an impartial jury of the county or district wherein the offence was committed.

No person for the same offence shall be twice put in jeopardy of punishment, nor shall be compelled in any criminal case to be a witness against himself.

The privilege of the writ of habeas corpus shall not be suspended unless when, in case of rebellion or invasion the public safety may require it.

Treason is defined as in the federal constitution, and the same provision is made against unreasonable searches and seizures as in that constitution.

No bill of attainder, or ex post facto law, nor law impairing the obligation of contracts, shall be passed, and private property cannot be taken for public use without compensation.

No distinction shall be made by law between resident aliens and citizens in reference to the possession, enjoyment or descent of property. No person shall be imprisoned for debt founded on contract. Freedom of worship and liberty of conscience are guaranteed, and no religious test can be required as a qualification for office.

A jury as the term is used above, means such a jury as