PRIVILEGES AND IMMUNITIES, are those privileges of citizens of each State, in the several States of the North American Union which may not be abridged by State or local laws. The Constitution of the United States, article IV, section 2, paragraph 1, provides that "the citizens of each State shall be entitled to all privileges and immunities of citizens in the several States.' By the Fourteenth Amend ment (section 1), it is provided that 'no state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States, nor shall any state de prive any person of life, liberty, or property without due process of law, nor deny to any person within its jurisdiction the equal protec tion of the laws." What are the privileges and immunities of the citizens in the several States thus guaranteed? At the outset it may be noticed that personal liberty, the corner-stone of a republican government, is forever placed on a secure foundation by Amendment Thir teen, which declares that 'neither slavery nor involuntary servitude, except as a punishment for crime, whereof the party shall have been duly convicted, shall exist within the United States, nor any place subject to their jurisdic tion.' The imprisonment of duly convicted criminals is not in conflict with this section, nor is the letting of them out for hire to contrac tors. By Amendment Four, the principle of the English common law that 'every man's house is his castle* is adopted in the words 'the right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures shall not be violated.° This provision against unreasonable searches and seizures permits in civil and criminal cases searches and seizures in cases expressly author ized by law. Resistance to an illegal seizure is permitted, but no more force is allowed in repelling an intrusion than is under the cir cumstances absolutely necessary. By Amend ment Two, ono 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.* To secure the citi
zen against unjuk criminal accusations, and to provide him with a proper trial when accused, the Constitution contains a number of safe guards; thus, by section 9, paragraph 2, the privilege of the writ of habeas corpus is not to be suspended, unless the public safety in cases of rebellion or invasion, requires. By article III, paragraph 3, jury trial is guar anteed for all crimes except cases of impeach ment, and the furthermost important provision is made that such trial is to be had in the State where the crime has been committed, but when not committed within any State, the trial is to be had at such places as Congress may by law have directed. It has been held that the accused is not entitled to a jury trial in the case of petty crimes and misdemeanors, but only in the case of graver crimes, where at common law the accused was entitled to a jury triaL As additional precautions in criminal trials, Amendment Five provides that no person is to be held to answer for a capital or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases oc curring in the army or navy; or in the militia during war or in time of public danger. This amendment also provides that a person shall not he put in jeopardy of life or limb twice for the same offense, nor be compelled in any criminal case to be a witness against himself ; nor be deprived of life, liberty or property without due process of law. Article VI guar antees a speedy and public trial by an impartial jury and with the assistance of counsel for his defense. Excessive bail, excessive fines, cruel and unusual pimishments, all are forbidden by article VIII. Recent legislation, redolent of a period long since passed, shows that the fight of the citizens to safeguard these elementary and hard-won privileges must be never-ending, illustrating again the maxim that 'Eternal vigi lance is the price of liberty.' (See EVIDENCE; LIBEL; INTERNATIONAL LAW; WITNESS). Con sult Cooley, T. M., (Principles of Constitutional Law in the United States' (3d ed., Boston 1898).