"No person" referred originally to free white people. Negroes were often proceeded against without indictment. But since the fourteenth amendment the expression," no person," undoubtedly has а broader meaning.

An indictment is a written charge of crime presented to a grand jury and by them certified to be a "true bill", or "not a true bill ".

In time of peace no one, except a member of the army or navy, can be tried for treason, piracy, or felony unless an indictment has first been lodged against him and found to be a true bill by the grand jury. But congress has power to provide for the punishment of military and naval offenses in the manner practiced by civilized nations.

If a person is tried for a crime and acquitted by a petit jury and again put on trial for the same offense then he has been "twice put in jeopardy ".

ART. VII. In suits of common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved; and no fact

by a jury, without deduction for benefits to any property of the owner.

The right to take public property for public use is called the right of eminent domain. In 1215 the English people embodied the common law on the subject of eminent domain in the Great Charter as follow: "No freeman shall be taken or imprisoned or disseized of his freehold, or liberties, or otherwise destroyed but by lawful judgment of his peers, or by the law of the land."

But this does not provide compensation as required by American constitutions. There is no provision for taking private property for private use in Ohio's constitution.

The right of eminent domain exists in state and nation, and is sometimes delegated to private corporations to be exercised in the execution of work from which the public will receive some benefit. Navigable rivers or lakes cannot become private property.

There is no provision in the Ohio constitution concerning the English common law. In 1805 the legislature passed an act making the common law

tried by a jury shall be otherwise re-examined, in any court of the United States, than according to the rules of the common law.

The common law here alluded to is the Common Law of England and not of any state.

The common law or lex non scriptu, is those immemorial customs of the courts that date back into English history so far that mind of man runneth not to the contrary. The common law holds where no statute has been passed to the contrary.

There are two juries, the grand and the petit. The grand jury usually consists of fifteen persons, any twelve of whom may find an indictment to be a true bill. They sit in secret session and look into all charges of crime committed in their district, and, if they are satisfied that there is sufficient evidence against the accused to justify a formal trial, they return the indictment to the court, with the proper indorsement. The petit jury tries both criminal and civil cases in open court and renders a decision after both sides have been heard. It usually consists of twelve men, all of whom must agree to the verdict.

ART. VIII. Excesssive bail shall not be required, nor exces

and general acts of parliament prior to 1607 a part of the law of Ohio, but in 1806 the law was repealed and no action has since been taken. But the courts of the state adopt the principles that are adapted to the circumstances, state of society and form of government.

The grand jury consists of fifteen members and the petit of twelve.

In the court of the justice of the peace the jury consists of six and by consent of both sides it may be composed of a smaller number.

SEC. 9. All persons shall be bailable by sufficient sureties,

sive fines imposed, nor cruel and unusual punishments inflicted.

This amendment is taken word for word from the English Bill of Rights. "Bail is delivery from custody on security."

Bail should not be fixed at a sum so large as to purposely prevent a person from securing

it.

ART. IX. The enumeration in the constitution of certain rights shall not be construed to deny or disparage others retained by the people.

ART. X. The powers not delegated to the United States by the constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.

The government of the United States can exercise only those powers which are delegated to it by the constitution, while the state governments may exercise any power not denied to them by the national and state constitutions. The chief distinction between the leading political parties has grown out of the question whether the national government is limited to the ex

except for capital offenses, where the proof is evident, or the presumption great, excessive bail shall not be required; nor excessive fines imposed; nor cruel and unusual punishments inflicted.

"That reasonable bail shall be accepted is an admonition addressed to the judgment and conscience of the court or magistrate empowered to fix the amount; it is impossible that a definite rule shall be established by law for particular cases."Judge Cooley.

SEC. 20. This enumeration of rights shall not be construed to impair or deny others retained by the people; and all powers, not herein delegated remain with the people.

The rights retained by the people are stated in the declaration of rights in the constitution.

The last clause would seem to imply that the government is restricted in some other way! but it is not.

It can do anything not expressly denied by the constitutions of the state and nation, since the constitution expressly vests the legislative power in the General Assembly, the executive power in the governors the judicial power in the court, without restriction upon the use of these powers.

pressed declarations of the constitution or whether it may exercise implied powers.

ART. I, SEC. 9. 2. The privilege of the writ of habeas corpus shall not be suspended, unless when, in cases of rebellion or invasion, the public safety may require it.

Habeas corpus is a Latin phrase meaning “you may have the body." It is a writ that commands a person having another under arrest to bring him into court and give the cause of his arrest. If the judge is not satisfied that the prisoner is legally held, he releases him. This prevents the arrest and detention of persons without good and sufficient reasons.

The question is, which branch of the government has the right to suspend the privilege of the writ? During the civil war, the executive assumed the right, but later congress passed a law legalizing the suspension, thus indicating that it believed that the right belonged to the legislative branch.

ART. I, SEC. 37. Judgment, in case of impeachment, shall not extend further than to removal from office, and disqualification to hold and enjoy any office of honor trust, or profit, under the United States; but the

SEC. 8. The privilege of the writ of habeas corpus shall not be suspended, unless in cases of rebellion or invasion the public safety require it.

SEC. 18. No power of suspending laws shall ever be exercised, except by the general assembly.

The Ohio constitution does not leave in doubt the question, who has the power to suspend the writ of habeas corpus. It would seem that section 18 forbids the general assembly to give the governor the power to suspend the writ.

The suspension of a law is a legislative not an executive act, and is properly exercised by the legislature. While the national constitution makers left the matter in doubt, the states wishing to deprive the governor of all legislative power, stated their intentions definitely.

SEC. 24. The governor, judges, and all state officers may be impeached for any misdemeanor in office; but judgment shall not extend further than removal from office, and disqualification to hold any office, under the

party convicted shall, neverthe less, be liable and subject to in dictment, trial, judgment, and punishment, according to law.

The president, vice-president, and all civil officers may be impeached. It has been held that a congressman is not a civil officer and not impeachable. The men and officers of the navy and army cannot be impeached but are tried for offenses by courts-martial.

ART. I, SEC. 9. 3. No bill of attainder, or ex post facto law, shall be passed.

Also read Art. I, Sec. 10-1. The national as well as the state constitution prohibits the state from passing laws impairing the obligation of contracts, but no restriction is put upon congress. Neither congress nor the legislature can pass an ex post facto law. An ex post facto law is a statute that affects crimes that were committed before the law was passed or that makes criminal, acts that were lawful when performed. A bill of attainder is a legislative act inflicting punishment upon a person without a trial in court before a jury.

The student should discrimin

authority of this state. The party impeached, whether convicted or not, shall be liable to indictment, trial, and judgment according to law.

The question of the power to impeach a member of the general assembly has never been raised. It is most probable that the opinion of the federal senate, that a legislator cannot be impeached, would be accepted. Such a power could be greatly abused for political purposes.

The governor, judges and all state officers may be impeached. SEC. 28. The general assembly shall have no power to pass retroactive laws, or laws impairing the obligation of contracts; but may, by general laws, authorize courts to carry into effect, upon such terms as shall be just and equitable, the manifest intention of parties, and officers, by curing omissions, defects, and errors, in instruments and proceedings, arising out of their want of conformity with the laws of this state.

The constitution of Ohio does not mention "bill of attainder", nor "ex post facto laws", since the power to pass such laws is denied to the state by the national constitution.

This section gives the legisla