has no bill of rights
prefixed to it, yet it contains, in the body of it, various provisions
in favor of particular privileges and rights, which, in substance amount
to the same thing; the other is, that the Constitution adopts, in their
full extent, the common and statute law of Great Britain, by which many
other rights, not expressed in it, are equally secured.
To the first I answer, that the Constitution proposed by the convention
contains, as well as the constitution of this State, a number of such
provisions.
Independent of those which relate to the structure of the government, we
find the following: Article 1, section 3, clause 7--"Judgment in cases
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 party convicted shall, nevertheless,
be liable and subject to indictment, trial, judgment, and punishment
according to law." Section 9, of the same article, clause 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." Clause 3--"No bill of attainder or ex-post-facto law shall be
passed." Clause 7--"No title of nobility shall be granted by the United
States; and no person holding any office of profit or trust under them,
shall, without the consent of the Congress, accept of any present,
emolument, office, or title of any kind whatever, from any king, prince,
or foreign state." Article 3, section 2, clause 3--"The trial of all
crimes, except in cases of impeachment, shall be by jury; and such
trial shall be held in the State where the said crimes shall have been
committed; but when not committed within any State, the trial shall
be at such place or places as the Congress may by law have directed."
Section 3, of the same article--"Treason against the United States
shall consist only in levying war against them, or in adhering to their
enemies, giving them aid and comfort. No person shall be convicted of
treason, unless on the testimony of two witnesses to the same overt act,
or on confession in open court." And clause 3, of the same section--"The
Congress shall have power to declare the punishment of treason; but
no attainder of treason shall work corruption of blood, or forfeiture,
except during the life of the person attainted."
It may well be a question, whether these are not, upon the whole,
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