desires of human beings. Hence, proper guaranties of civil liberty involve guaranties of property rights and of rights to pursue profitable occupations, and to make and enforce contracts.

The social instincts involve a desire to communicate with others, either for the mere pleasure of social intercourse or for the purpose of persuading or inducing others to act in accordance with one's wishes or for his benefit. Therefore, civil liberty is unduly restricted if the privilege of writing and speaking one's views and sentiments, so far as the privilege may be exercised without involving injury to others, is impaired or taken away. Hence, the so-called freedom of speech and the press is among the rights protected by constitutional guaranties.

Among the privileges most highly prized are those involving the enjoyment of religious forms and observances according to the dictates of individual conscience. Therefore, among the provisions for securing civil liberty are those prohibiting the undue interference with religious beliefs and the expression thereof in suitable forms.

123. Civil liberty guaranteed in the Constitution of the United States. The first eight amendments to the Constitution form the American Bill of Rights.

ARTICLE I

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and petition the government for a redress of grievances.

ARTICLE II

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.

ARTICLE III

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.

ARTICLE IV

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 warrants 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.

ARTICLE V

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 active service in time of war or public danger; nor shall any person be subject for the same offense 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.

ARTICLE VI

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 and cause 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 defense.

ARTICLE VII

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 fact tried by a jury shall be otherwise reëxamined in any court of the United States than according to the rules of the common law.

ARTICLE VIII

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

124. Civil liberty in England. The following is an outline of the leading "liberties of the subject" in England:

It is always held to be a valuable characteristic of the English Constitution that, under it, the maintenance of what is called the "Liberty of the Subject" is treated as a matter of peculiar consideration and consequence. The expression "Liberty of the Subject" does not, of course, mean that there is any member of the State who can do everything he likes, or is exempt from the control of the Laws. It means that the Laws are (if the true principles of the Constitution be observed), or are intended to be, made and executed in such a way that no individual person's freedom is impaired to a greater extent than is absolutely needed in order to secure the largest possible amount of freedom and benefit for all. . . .

The chief safeguards of the Liberty of the Subject concern (I) the mode of making laws; (II) the judicial administration of laws, that is, the trial of accused persons; (III) the general prevention of illegal imprisonment; and (IV) the definition and circumscription of the duties of the police, especially in respect of subjecting suspected persons to a preliminary judicial examination.

I. The first class of safeguards is found in the existence and mode of composition of the House of Commons, the popular and representative branch of the Legislature. . .

II. The second class of safeguards includes the provision for Trial by Jury in the more important criminal cases. . . . To the same class of safeguards belongs the protection accorded to jurymen by which they cannot be made civilly or criminally responsible for their verdicts. To this same class also belongs the protection of the functions of jurymen against possible encroachment by Judges. . . . To this class of safeguards also belongs the independence of the Judges of the Superior Courts.

III. The third class of safeguards are those which provide against illegal imprisonment or confinement. These safeguards either take the form of securing that any one whose liberty is restrained shall have an opportunity (such as that presented by the proceedings for obtaining the writ of Habeas Corpus) of having the ground of his restraint judicially investigated; of being speedily brought to trial if accused; and of the executive being restricted as to the place of his imprisonment: or they take the form of securing compensation in a civil action for illegal detention. The general principle that "excessive bail must not be required" is an acknowledged, if not very available, safeguard for the same end..

IV. The fourth class of safeguards concerns the definition and circumscription of the duties of the police, especially in respect of subjecting suspected persons to a preliminary judicial examination. . . . The purpose of a warrant is to secure the responsible coöperation and assent of a judicial officer at the earliest stage of the proceedings. . . . It is a common maxim that an "Englishman's house is his castle": this means, however, no more than that an Englishman's house or private room cannot be forcibly entered by the police except for a few clearly defined purposes and for important public ends.

125. Magna Charta. This document forms the basis of all later English and American written statements of free institutions. Some of its most important provisions follow:

12. No scutage or aid shall be imposed in our kingdom, unless by the general council of our kingdom. . . .

14. And for holding the general council of the kingdom concerning the assessment of aids, except in the three cases aforesaid, and for the assessing of scutages, we shall cause to be summoned the archbishops, bishops, abbots, earls, and greater barons of the realm, singly by our letters. And furthermore, we shall cause to be summoned generally, by our sheriffs and bailiffs, all others who hold of us in chief, for a certain day, that is to say, forty days before their meeting at least, and to a certain place; and in all letters of such summons we will declare the cause of such summons. And, summons being thus made, the business shall proceed on the day appointed according to the advice of such as shall be present, although all that were summoned come not. . . .

36. Nothing from henceforth shall be given or taken for a writ of inquisition of life or limb, but it shall be granted freely, and not denied. . . . 39. No freeman shall be taken or imprisoned, or disseized, or outlawed, or banished, or anyways destroyed, nor will we pass upon him, nor will we send upon him, unless by the lawful judgment of his peers, or by the law of the land.

40. We will sell to no man, we will not deny or delay to any man, either justice or right.

126. Declaration of the Rights of Man and Citizen. This is the most famous document of the early stages of the French Revolution. While it was probably suggested by the Bills of Rights attached to American state constitutions, it indicates the existing abuses in France at that time.

1. Men are born and remain free and equal in rights. Social distinctions can be based only upon public utility.

2. The aim of every political association is the preservation of the natural and imprescriptible rights of man. These rights are liberty, property, security, and resistance to oppression. . . .

4. Liberty consists in the power to do anything that does not injure others; accordingly, the exercise of the natural rights of each man has for its only limits those that secure to the other members of society the enjoyment of these same rights. These limits can be determined only by law. . .

6. Law is the expression of the general will. All citizens have the right to take part personally or by their representatives in its formation. It must be the same for all, whether it protects or punishes. All citizens being equal in its eyes, are equally eligible to all public dignities, places, and employments, according to their capacities, and without other distinction than that of their virtues and their talents.

7. No man can be accused, arrested, or detained except in the cases determined by the law and according to the forms that it has prescribed. Those who procure, expedite, execute, or cause to be executed arbitrary orders ought to be punished: but every citizen summoned or seized in virtue of the law ought to render instant obedience; he makes himself guilty by resistance.

8. The law ought to establish only penalties that are strictly and obviously necessary and no one can be punished except in virtue of a law established and promulgated prior to the offense and legally applied.

9. Every man being presumed innocent until he has been pronounced guilty, if it is thought indispensable to arrest him, all severity that may not be necessary to secure his person ought to be strictly suppressed by law.

10. No one ought to be disturbed on account of his opinions, even religious, provided their manifestation does not derange the public order established by law.

II. The free communication of ideas and opinions is one of the most precious of the rights of man; every citizen then can freely speak, write, and print, subject to responsibility for the abuse of this freedom in the cases determined by law.

14. All the citizens have the right to ascertain, by themselves or by their representatives, the necessity of the public tax, to consent to it freely, to follow the employment of it, and to determine the quota, the assessment, the collection, and the duration of it.

17. Property being a sacred and inviolable right, no one can be deprived of it unless a legally established public necessity evidently demands it, under the condition of a just and prior indemnity.

127. Civil liberty in Russia. Even the recently issued "Fundamental Laws of the Russian Empire" contains provisions for individual liberty.

30. No one shall be prosecuted for criminal offenses in any other manner than that established by law.

31. No one shall be arrested except in the cases determined by law. 32. No one shall be tried and punished except for criminal offenses provided by laws in force at the time they were committed, unless new laws exclude the actions committed by the culprit from the category of criminal offenses.

33. The domicile of every one is inviolable. Searches or sequestrations in a domicile without the consent of the owner shall take place only in the cases and in the manner provided by law.