, at the time of
adopting the constitution, expressed a desire that declarations and
guaranties of certain rights should be added, in order to prevent
misconstruction and abuse, the first congress, at its first session,
proposed twelve amendments, ten of which were ratified by the requisite
number of states. Virginia, the last state necessary to make up such
number, ratified December 15, 1791.

Sec.2. Freedom in matters of religion, freedom of speech and of the press,
and the right to petition the government for the redress of grievances,
guarantied in the first article, are rights so essential to civil
liberty, and so evidently just, that it can hardly be presumed that
congress would ever have passed laws directly violating these rights,
even though such laws had not been prohibited.

Sec.3. The second article guaranties "the right of people to bear arms."
Without this right, ambitious men might, by the aid of the regular army,
overthrow the liberties of the people, and usurp the powers of
government.

Sec.4. The third article declares, that "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." It is a
principle of the common law, that "a man's house is his own castle."
Among the grievances enumerated in the Declaration of Independence, was
one "for quartering large bodies of armed troops" among the people of
the colonies. To secure the people against intrusions of this kind, is
the object of this prohibition.

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 b