ey
out of the Panama Canal purchase, the weight and influence of the
administration was given to the attempt to indict them and bring them
to the courts of the central government at Washington for trial. This
attempt, however, failed in the courts, as, in the Wilkes case, it had
failed more than a century before at the bar of public opinion.
But the law is, of course, much stronger as to persons not citizens.
That is to say, no one has any right to immigrate into this country,
and therefore intending immigrants may be kept out by legislation if
they are anarchists, socialists, or, indeed, hold any opinion for the
moment unpopular with Congress. The attempt has so far, however, not
been made to keep out any but violent anarchists, and, of course,
persons who are diseased, of immoral life, or likely to become a
public charge. And the attempt to keep them under the hand of the
central government for years after they have taken their place for
good or ill in the State body politic has recently failed in a
monumental case vindicating anew the Tenth Amendment.
Connected in most people's mind with the right of privacy is the right
of a person to keep his house and his private papers to himself; but
it bears no relation whatever to the very new-fangled notion of a
general right to privacy. The two principles are that an Englishman's
house is his castle. His home, even though it be but one room in
a tenement, may not be invaded by anybody, even by any government
official or authority (except, of course, under modern sanitary police
regulation), without a written warrant specifying the reason for
such invasion, some offence with which the man is charged, and some
particular document or paper, or other evidence of which they are in
search. The principle against general warrants--that is, warrants
specifying no definite offence or naming no particular person--was
established in Massachusetts in Colony times, and the principle taken
over to England and affirmed by Lord Camden--one of the two or three
celebrated examples where we have given a new constitutional principle
back to the mother country. Now, closely connected with this is
another principle that a man shall not be compelled to testify in a
criminal matter against himself, or that, if so compelled by statute
or official, he shall then forever be immune from prosecution for
any crime revealed by such testimony; the wording of the earlier
constitutional provisions was "in
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