Sec.5.  The fourth article guaranties “the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures.”  But there could be no such security, if every man could, on mere pretense or suspicion of injury, obtain a warrant for arresting his neighbor or searching his premises and seizing his property.  Innocent men would often be subjected to much trouble and perplexity; and unjust suspicions would be thrown upon their characters.  It is proper, therefore, that a magistrate shall not issue a warrant, unless it shall be made to appear, by the oath of the applicant or of some other person that there is probable cause.

Sec.6.  The rights guarantied by the fifth article are common law rights, and founded upon just principles.  We have elsewhere stated the object of grand juries, and noticed the opinion of some, that this object is sufficiently secured by the examination before the magistrate; and, consequently, that grand juries are unnecessary. (See Chap.  XIX, Sec.8-10.) But while this article continues to be a part of the constitution, grand juries in courts of the United States can not be dispensed with.  It is quite proper, as is provided in this article, that, after a fair and impartial trial and an acquittal, a person should not be tried a second time.  The provisions of the next article (6th) are also necessary to secure the same object—­the rights of liberty and life to every citizen.

Sec.7.  The seventh article of amendment secures, in courts of the United States, “in suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury.”  By suits at common law are meant those tried in the ordinary courts, as distinguished from those tried in courts of equity and courts of admiralty.  This article further declares, that “no fact tried by a jury shall be otherwise reexamined in any court of the United States, than according to the rules of the common law.”  That is, if a fact tried by a jury in a lower court, is carried up to a higher court for reexamination, such reexamination or new trial shall also be by jury.

Sec.8.  “Excessive bail shall not be required, nor excessive fines imposed, nor unusual punishments inflicted.”  Amend. art. 8.  The object of bail and the manner in which it is given, have been stated. (Chap.  XVIII.) Without the above restriction, the sum might be fixed so high as to prevent persons accused of crime from procuring the necessary sureties; whereby innocent persons might be subjected to long imprisonment before the time of trial.  It is therefore properly left to the court to fix the sum, which should correspond to the aggravation of the offense.  Courts have the same discretion as to the measure of punishment to be inflicted in each particular case of crime.

Sec.9.  The ninth amendment is, “The enumeration in the constitution of certain rights, shall not be construed to deny or disparage others retained by the people.”  There were persons who feared that, because the constitution mentioned certain rights as belonging to the people, those not mentioned might be considered as having been surrendered to the general government.  This article was therefore inserted to prevent such a misconstruction of the constitution.