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which exception refers to petty offences made cognizable before justices of the peace.

The 10th section of our bill of rights is taken, with slight variation, from magna charta, and is found, in substance, in all American constitutions, and its meaning is well settled, both in this country and in England, by numerous adjudications. says: "It may be received as a proposition, universally understood and acknowledged throughout this country, that no person can be taken or imprisoned, or disseized of his freehold or estate; or exiled or condemned, or deprived of his life, liberty or property, unless by the law of the land, or the judgment of his peers. The words, by the law of the land, as used originally in magna charta, in reference to this subject, are understood to mean due process of law, that is, by indictment or presentment of good and lawful men: and this, says Lord Coke, is the true sense and exposition of those words. The better and larger definition of due process of law is, that it means law in its regular course of administration through courts of justice." 1 Kent's Com., 612; 2 ib., 13; Story on the Cons., vol. 3, p. 264, and 661; Coke's Inst., 45-50.

And Mr. Justice, commenting upon the provision in the constitution of the state of New York, which provides that "No member of this state shall be disfranchised, or deprived of any of the rights or privileges secured to any citizen thereof, unless by the law of the land or the judgment of his peers," says: "The words, by the law of the land, as here used, do not mean a statute passed for the purpose of working the wrong. That construction would render the restriction in the constitution, absolutely nugatory, and turn this part of the constitution into merest nonsense. The people would be made to say to the two houses, you shall be vested with the legislative power of the state, but no one shall be disfranchised, or deprived of any of the rights or privileges of a citizen, unless you form a statute for that purpose, or in other words, you shall not do wrong unless you choose to do it." Taylor vs. Porter, 4 Hill, 145.