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CONSTITUTION OF THE UNITED STATES OF AMERICA

    30.6.17  
CONSTITUTION OF THE UNITED STATES OF AMERICA. The fundamental law of the United States.
2. It was framed by a convention of the representatives of the people, who met at Philadelphia, and finally adopted it on the 17th day of September, 1787. It became the law of the land on the first Wednesday in March, 1789. 5 Wheat. 420.
3. A short analysis of this instrument, so replete with salutary provisions for insuring liberty and private riglits, and public peace and prosperity, will here be given.
4. The preamble declares that the people of the United States, in order to form a more perfect union, establish justice, insure public tranquillity, provide for the common defence, promote the general welfare, and secure the blessings of liberty to themselves and their posterity, do ordain and establish this constitution for the United States of America.
5. - 1. The first article is divided into ten sections. By the first the legislative power is vested in congress. The second regulates the formation of the house of representatives, and declares who shall be electors. The third provides for the organization of the senate, and bestows on it the power to try impeachments. The fourth directs the times and places of holding elections and the time of meeting of congress. The fifth determines the power of the respective houses. The sixth provides for a compensation to members of congress, and for their safety from arrests and disqualifies them from holding certain offices. The seventh directs the manner of passing bills. The eighth defines the powers vested in congress. The ninth contains the following provisions: 1st. That the migration or importation of persons shall not be prohibited prior to the year 1808. 2d. That the writ of habeas corpus shall not be suspended, except in particular cases. 3d. That no bill of attainder, or ex post facto law, shall be passed. 4th. The manner of laying taxes. 5th. The manner of drawing money out of the treasury. 6th. That no title of nobility shall be granted. 7th. That no officer shall receive a present from a foreign government. The tenth forbids the respective states to exercise certain powers there enumerated.
6. - 2. The second article is divided into four sections. The first vests the executive power in the president of the United States of America, and provides for his election, and that of the vice-president. The second section confers various powers on the president. The third defines his duties. The fourth provides for the impeachment of the president, vice-president, and all civil officers of the United States.
7. - 3. The third article contains three sections. The first vests the judicial power in sundry courts, provides for the tenure of office by the judges, and for their compensation. The second provides for the extent of the judicial power, vests in the supreme court original jurisdiction in certain cases, and directs the manner of trying crimes. The third defines treason, and vests in congress the power to declare its punishment.
8. - 4. The fourth article is composed of four sections. The first relates to the faith which state records, &c., shall have in other states. The second secures the rights of citizens in the several states for the delivery of fugitives from justice or from labor. The third for the admission of new states, and the government of the territories. The fourth guaranties to every state in the Union the republican form of government, and protection from invasion or domestic violence.
9. - 5. The Fifth Article provides for amendments to the constitution.
10. - 6. The sixth article declares that the debts due under the confederation shall be valid against the United States; that the constitution and treaties made under its powers shall be the supreme law of the land that public officers shall be required by oath or affirmation to support the Constitution of the United States that no religious test shall be required as a qualification for office.
11. - 7. The seventh article directs what shall be a sufficient ratification of this constitution by the states.
12. In pursuance of the fifth article of the constitution, articles in addition to, and amendment of, the constitution, were proposed by congress, and ratified by the legislatures of the several states. These additional articles are to the following import:
13. - 1. Relates to religious freedom; the liberty of the press; the right of the people to assemble and petition.
14. - 2. Secures to the people the right to bear arms.
15. - 3. Provides for the quartering of soldiers.
16. - 4. Regulates the right of search, and of arrest on criminal charges.
17. - 5. Directs the manner of being held to answer for crimes, and provides for the security of the life, liberty and property of the citizens.
18. - 6. Secures to the accused the right to a fair trial by jury.18. - 6. Secures to the accused the right to a fair trial by jury.
19. - 7. Provides for a trial by jury in civil cases.
20. - 8. Directs that excessive bail shall not be required; nor excessive fines imposed nor cruel and unusual punishments inflicted.
21. - 9. Secures to the people the rights retained by them.
22.- 10. Secures the rights to the states, or to the people the rights they have not granted.
23. - 11. Limits the powers of the courts as to suits against one of the United States.
24. - 12. Points out the manner of electing the president and vice-president.

MUTE

    30.6.17  
MUTE, persons. One who is dumb. Vide Deaf and Dumb.

MUTE, STANDING MUTE, practice, crim. law. When a prisoner upon his arraignment totally refuses to answer, insists upon mere frivolous pretences, or refuses to put himself upon the country, after pleading not guilty, he is said to stand mute. 2. In the case of the United States v. Hare, et al., Circuit Court, Maryland Dist. May sess. 1818, the prisoner standing mute was considered as if he had pleaded not guilty.
3. The act of congress of March 3, 1825, 3 Story's L . U. S. 2002, has since provided as follows; 14, That if any person, upon his or her arraignment upon any indictment before any court of the United States for any offence, not capital, shall stand mute, or will not answer or plead to such indictment, the court shall, notwithstanding, proceed to the trial of the person, so standing mute, or refusing to answer or pleas, as if he or she had pleaded not guilty; and upon a verdict being returned by the jury, may proceed to render judgment accordingly. A similar provision is to be found in the laws of Pennsylvania.
4. The barbarous punishment of peine forte et dure which till lately disgraced the criminal code of England, was never known in the United States. Vide Dumb; 15 Vin. Ab. 527.
5. When a prisoner stands mute, the laws of England arrive at the forced conclusion that he is guilty, and punish him accordingly. 1 Chit. Cr. Law, 428.
6. By the old French law, when a person accused was mute, or stood mute, it was the duty of the judge to appoint him a curator, whose duty it was to defend him, in the best manner he could; and for this purpose, he was allowed to communicate with him privately. Poth. Proced. Crim. s. 4, art. 2, 1.

MUTILATION

    30.6.17  
MUTILATION, crim. law. The depriving a man of the use of any of those limbs, which may be useful to him in fight, the loss of which amounts to mayhem. 1 Bl. Com. 130.

MUTINY

    30.6.17  
MUTINY, crimes. The unlawful resistance of a superior officer, or the raising of commotions and disturbances on board of a ship against the authority of its commander, or in the army in opposition to the authority of the officers; a sedition; (q. v.) a revolt. (q. v.)
2. By the act for establishing rules and articles for the government of the armies of the United States, it is enacted as follows: Article 7. Any officer or soldier, who shall begin, excite, or cause, or join in, any mutiny or sedition in any troop or company in the service of the United States, or in any party, post, detachment or guard, shall suffer death, or such other punishment as by a court martial shall be inflicted. Article 8. Any officer, non-commissioned officer, or soldier, who being present at any mutiny or sedition, does not use his utmost endeavors to suppress the same, or coming to the knowledge of any intended mutiny, does not without delay give information thereof to his commanding officer, shall be punished by the sentence of a court martial, with death, or otherwise, according to the nature of his offence.
3. And by the act for the better government of the navy of the United States, it is enacted as follows,: Article 13. If any person in the navy shall make or attempt to make any mutinous assembly, he shall, on conviction thereof by, a court martial, suffer death; and if any person as aforesaid, shall utter any seditious or mutinous words, or shall conceal or connive at any mutinous or seditious practices, or shall treat with contempt his superior, being in the execution of his office, or being witness to any mutiny or sedition, shall not do his utmost to suppress it, he shall be punished at the discretion of a court martial. Vide 2 Stra. R. 1264.

MUTUAL

    30.6.17  
MUTUAL. Reciprocal.
2. In contracts there must always be a consideration in order to make them valid. This is sometimes mutual, as when one man promises to pay a sum of money to another in consideration that he shall deliver him a horse, and the latter promises to deliver him the horse in consideration of being paid the price agreed upon. When a man and a woman promise to marry each other, the promise is mutual. It is one of the qualities of an award, that it be mutual; but this doctrine is not as strict now as formerly. 3 Rand. 94; see 3 Caines 254; 4 Day, 422; 1 Dall. 364, 365; 6 Greenl. 247; 8 Greenl. 315; 6 Pick. 148.
3. To entitle a contracting party to a specific performance of an agreement, it must be mutual, for otherwise it will not be compelled. 1 Sch. & Lef. 18; Bunb. 111; Newl. Contr. 152. See Rose. Civ. Ev. 261.
4. A distinction has been made between mutual debts and mutual credits. The former term is more limited in its signification than the latter. In bankrupt cases where a person was indebted to the bankrupt in a sum payable at a future day, and the bankrupt owed him a smaller sum which was then due; this, though in strictness, not a mutual debt, was holden to be a mutual credit. 1 Atk. 228, 230; 7 T. R. 378; Burge on Sur. 455, 457.

MUTUARY

    30.6.17  
MUTUARY, contracts. A person who borrows personal chattels to be consumed by him, and returned to the lender in kind; the person who receives the benefit arising from the contract of mutuum. Story, Bailm. 47.

MUTUUM

    30.6.17  
MUTUUM, or loan for consumption, contracts. A loan of personal chattels to be consumed by the borrower, and to be returned to the lender in kind and quantity; as a loan of corn, wine, or money, which are to be used or consumed, and are to be replaced by other corn, wine, or money. Story on Bailm. 228; Louis. Code, tit. 12, c. 2; Ayliffe's Pand. 481; Poth. Pand. tom. 22, h. t.; Dane's Ab. Index, h. t.; 1 Bouv. Inst. logo.
2. It is of the essence of this contract, 1st. That there be either a certain sum of money, or a certain quantity of other things, which is to be consumed by use which is to be the subject-matter of the contract, and which is loaned to be consumed. 2d. That the thing be delivered to the borrower. 3d. That the property in the thing be transferred to him. 4th. That he obligates himself to return as much. 5th. That the parties agree on all these points. Poth. Pràt. de Consomption, n. 1; 1 Bouv. Inst. n. 1091-6.

MYSTERY

    30.6.17  
MYSTERY or MISTERY. This word is said to be derived from the French mestier now written màtier, a trade. In law it signifies a trade, art, or occupation. 2 Inst. 668.
2. Masters frequently bind themselves in the indentures with their apprentices to teach them their art, trade, and mystery. Vide 2 Hawk. c. 23, s. 11.

MYSTIC

    30.6.17  
In a secret manner; concealed; as mystic testament, for a secret testament. Vide 2 Bouv. Inst. n. 3138; Testament Mystic.

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