Whether a person on trial is compelled to be witness against himself contrary to the 5th Amendment because compelled to stand up and walk before the jury, or because the jury were stationed during a recess so as to observe his size and walk, was not de cided, but it was held that it did not af fect the jurisdiction of the trial court and render the judgment void; In re Moran, 203 U. S. 96, 27 Sup. Ct. 25, -51 L. Ed. 105.
As to the several guarantees contained in this article, see the separate titles and par ticularly FOURTEENTH AMENDMENT; DUE PROCESS OF Lam; EQUAL PROTECTION OF THE LAWS.
Sixth Amendment. In all criminal prose cutions, the accused shall enjoy the right to a speedy and public trial, by an impar tial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascer tained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him ; to have compulsory process for obtaining witnesses in his favor, and to have the as sistance of counsel for his defence.
The purpose of this amendment was to provide for trial by jury in criminal cases in all the federal courts ; Ex parte Milligan, 4 Wall. (U. S.) 2, 18 L. Ed. 281; it applies to the territories; Thompson v. Utah, 170 U. S. 343, 18 Sup. Ct. 620, 42 L. Ed. 1061; and after the admiision of a state, it can not provide for the trial of felonies com mitted before its admission otherwise than by a common law jury; Thompson v. Utah, 170 U. S. 343, 18 Sup. Ct. 620, 42 L. Ed. 1061. The provision applies to all criminal cases, not felonies merely; Callan v. Wilson, 127 U. S. 540, 8 Sup. Ct. 1301, 32 L. Ed. 223; but only such crimes as were previous ly tried by jury; U. S. v. Duane, Wall. Sr. 102, Fed. Cas. No. 14,997. It does not in clude an action, for goods claimed to have been forfeited by an importer; U. S. v. Zuck et, 161 U. S. 475, 16 Sup. Ct. 641, 40 L. Ed. 777 ; or petty criminal offences ; Schick v. U. S., 195 U. S. 65, 24 Sup. Ct. 826, 49 L. Ed. 99, 1 Ann. 585. The protection of this amendment extends to aliens within the country ; Wong Wing v. U. S., 163 U. S. 228, 16 Sup. Ct. 977, 41 L. Ed. 140.
See JURY; VENUE; WITNESS.
Seventh Amendment. In suits at common
law, where the value 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 ac cording to the rules of the common law.
This article secures the right of trial by jury in civil cases. Suits at common law mean, only those distinguished from ad miralty and equity; Parsons v. Bedford, 3 Pet. (U. S.) 433, 7 L. Ed. 732; Shields v. Thomas, 18 How. (U. S.) 253, 15 L. Ed. 368; U. S. v. La Vengeance, 3 Doll. (U. S.) 297, 1 L. Ed. 610; but the right cannot be im paired by blending a claim at law with an equitable demand; Scott v. Neely, 140 U. S. 106, 11 Sup. Ct. 712, 35 L. Ed. 358. The right to a jury trial is secured in bank ruptcy cases ; In re Wood, 210 U. S. 246, 258, 28 Sup. Ct. 621, 52 L. Ed. 1046; and in pro ceedings for the condemnation of property seized as a prize; Armstrong's Foundry, 6 Wall. (U. S.) 766, 18 L. Ed. 882; The Sarah, 8 Wheat. (U. S.) 394, 5 L. Ed. 644; it does not apply to proceedings to disbar an at torney; In re Wall, 107 U. S. 265, 2 Sup. Ct. 569, 27 L. Ed. 552; nor to findings by the court of claims; McElrath v. U. S., 102 U. S. 426, 26 L. Ed. 189; or by a special tribunal for hearing claims against a munic ipality not strictly legal, but properly pro vided for by legislatior?; Guthrie Nat. Bank v. Guthrie, 173 U. S. 528, 19 Sup. Ct. 513, 43 L. Ed. 796; nor to condemnations under the right of eminent domain; Long Island Water Supply Co. v. Brooklyn, 166 U. S. 685, 17 Sup. Ct. 718, 41 L. Ed. 1165; Bau man v. Ross, 167 U. S. 548, 17 Sup. Ct. 966, 42 L. Ed. 270. The common law which in this article is made the criterion of suits in which the right of trial by jury is se cured is the common law of England; U. S. v. Wonson, 1 Gall. 5, Fed. Cas. No. 16,750. See JURY.
Eighth Amendment. Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishment inflicted.
As to the prohibitions of this article, see BAIL ; FINE ; PUNISHMENT.
Ninth Amendment. The enumeration in the constitution of certain rights, shall not be construed to deny or disparage others re tained by the people.