"In this, as in other respects, it [a constitutional provision] must be interpreted in the light of the common law, the principles and history of which were familiarly known to the framers of the Constitution. Minor v. Happersett, 21 Wall. 162; Ex parte Wilson, 144 U. S. 417, 144 U. S. 422; Boyd v. United States, 116 U. S. 616, 116 U. S. 624, 116 U. S. 625; Smith v. Alabama, 124 U. S. 465. The language of the Constitution, as has been well said, could not be understood without reference to the common law. 1 Kent's Com. 336; Bradley, J., in Moore v. United States, 91 U. S. 270, 91 U. S. 274."