The Freeman 1972 - The Ludwig von Mises Institute

556 THE FREEMAN Septemberaccusers and witnesses, to call forevidence in his favour, and to a speedytrial by an impartial jury of his vicinage,without whose unanimous consenthe cannot be found guilty, norcan he be compelled to give evidenceagainst himself; that no man may bedeprived of his liberty, except by thelaw of the land or the judgment ofhis peers.The only specific protection ofproperty, other than the provisionfor jury trial in civil cases, wasthe requirement that men "cannotbe taxed or deprived of their propertyfor publick uses, withouttheir own consent, or that of theirrepresentatives so elected. . . ."11The Massachusetts Declarationof Rights of 1780, the work mainlyof John Adams, was considerablymore thorough. In regard toproperty, it said: "No part of theproperty of any individual can,with justice, be taken from him,or applied to public uses, withouthis consent, or that of the representativebody of the people....And whenever the public exigenciesrequire that the property ofany individual should be appropriatedto public uses, he shall receivea reasonable compensationtherefor."12 Other rights werealluded to than those mentioned inthe Virginia Bill: freedom fromunreasonable searches, the rightto bear arms, the right of peacefulassembly, the prohibition ofex post facto laws, the prohibitionof attainders by the legislature,as well as most of those coveredin Virginia.Northwest OrdinanceThe Northwest· Ordinance sumsup, in Article II, what may well beconsidered a 'contemporary consensusof the protections of therights of the people most needed:The inhabitants of the said territoryshall always be entitled to thebenefits of the writs of habeas corpus,and of the trial by jury; of aproportionate representation of thepeople in the legislature, and judicialproceedings according to the courseof the common law. All persons shallbe bailable, unless for capital offences,where the proof shall be evident, orthe presumption great. All fines shallbe moderate; and no cruel or unsualpunishment shall be inflicted. No manshall be deprived of his liberty orproperty, but by the judgment of hispeers, or the law of the land, andshould the public exigencies make itnecessary, for the common preservation,to take any person's property,or to demand his particular services,full compensation shall be made forthe same. And, in the just preservationof rights and property, it is understoodand declared, that no lawought ever to be made to have force inthe said' territory, that shall in anymanner whatever, interfere or affectprivate contracts, or engagements,bona fide, and without fraud previouslyformed.l3