It provides against “unreasonable seizures” of “persons.” I suppose the main idea of this amendment was to secure the citizen against “unreasonable seizure,” even in cases where he should afterwards, and at some time, be brought to trial according to the forms of the common law.
Mann discusses the Fourth Amendment's protection against unreasonable seizures, highlighting its relevance to personal freedom.
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Men of Massachusetts! moral and religious men! lovers of freedom and of your country, were you prepared for this?
My instincts, reason, judgment, conscience, may all mislead; but from the first time, now years ago, when I heard this subject broached, my instincts, reason, judgment, conscience, have all been in its favor.
Let me read to you the disparaging and contemptuous remark of the address on that great palladium of human liberty, the trial by jury.
The man of independent circumstances has this liberty; and no man’s circumstances, not even the poorest and the humblest, should be so dependent as to take it away.
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