f he is too poor to employ counsel, the judge appoints a
lawyer to defend him, whose services are paid for out of the public
treasury.

From the foregoing, it will be seen that great care is exercised to give a
person accused of crime full opportunity to defend himself. And it must be
remembered in this connection that it is a principle of our jurisprudence
that _the burden of proof lies upon the government_. That is, the accused
is to be deemed innocent until he is _proved_ guilty. We prefer that a
number of guilty persons should escape punishment rather than that one
innocent person should suffer.

ARTICLE VII.

JURY TRIAL IN COMMON LAW SUITS.

_In suits at common law,[1] where the amount 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 re-examined in any court of the United
States, than according to the rules of common law.[2]_

[1] The meaning of this expression is difficult of explanation, but it
covers most ordinary lawsuits. From the fact that a jury in criminal cases
has already been guaranteed (III., 2, 3, and Am. VI.), it may be assumed
that this provision is intended to cover civil suits.

[2] Among the "rules of common law" are these: 1. All suits are tried
before a judge and a jury, the jury determining the _facts_ in the case
and the judge applying the _law_. 2. The facts tried by a jury can be
re-examined only by means of a new trial before the same court or one of
the same jurisdiction.

The purpose of this provision is to preserve the jury trial as a real
defense against governmental oppression. In the Supreme Court there is no
jury; the trials are by the court. If questions of _fact_ could be
reviewed or re-examined by such a court on appeal the protection now given
by the jury would be nullified.

ARTICLE VIII.

EXCESSIVE BAILS, FINES AND PUNISHMENTS FORBIDDEN.

_Excessive bail shall not he required, nor excessive fines imposed, nor
cruel and unusual punishments inflicted._

Having enjoyed the protection of this and similar provisions for so many
years, we can hardly appreciate their value. It must be borne in mind that
those who "ordained and established" the constitution had been abused in
just these ways, and that in this provision they provided against a real
danger.

ARTICLE IX.

UNSPECIFIED PERSONAL RIGHTS PRESERVED.

_The enumeration in the constitution of certain rights shall not be