Page:Joseph Story, Commentaries on the Constitution of the United States (1st ed, 1833, vol III).djvu/674

 666 witnesses sworn, and counsel employed for the prisoner, are scarcely less important privileges, than the right of a trial by jury. The omission of them in the constitution is a matter of surprise; and their present incorporation is matter of honest congratulation among all the friends of rational liberty.

§ 1789. There yet remain one or two subjects connected with the judiciary, which, however, grow out of other amendments made to the constitution; and will naturally find their place in our review of that part of these Commentaries, which embraces a review of the remaining amendments.