y 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.

Sec.10. The tenth amendment is similar to the preceding. "The powers not
delegated to the U