Free exercise of religion. AMENDMENTS TO THE CONSTITUTION OF THE [The following amendments were proposed at the first session of the first congress of the United States, which was begun and held at the city of New York, on the 4th of March, 1789, and were adopted by the requisite number of states. (1 vol. Laws of U. S., page 72.) The following preamble and resolution preceded the original proposition of the amendments, and as they have been supposed by a high equity judge, (8th Wendell's Reports, p. 100,) to have an important bearing on the construction of those amendments, they are here inserted. They will be found in the journals of the first session of the first congress.] CONGRESS OF THE UNITED STATES, Begun and held at the City of New York, on Wednesday, the 4th of March, 1789. The conventions of a number of the states having, at the time of their adopting the constitution, expressed a desire, in order to prevent misconstruction and abuse of its powers, that further declaratory and restrictive clauses should be added, and as extending the ground of public confidence in the government will best insure the beneficent ends of its institution: Resolved, By the Senate and House of Representatives of the United States of America, in Congress assembled, two-thirds of both houses concurring, that the following articles be proposed to the legislatures of the several states, as amendments to the constitution of the United States; all or any of which articles, when ratified by three-fourths of the said legislatures, to be valid to all intents and purposes, as part of the said constitution, namely: ARTICLE I. Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof: or abridging the freedom of speech or of the press or the right of the people peaceably to assemble, and to petition the government for a redress of grievances. ARTICLE H. A well regulated militia being necessary to the secu- Right to bear rity of a free state, the right of the people to keep and arms. bear arms shall not be infringed. ARTICLE III. No soldier shall, in time of peace, be quartered in No soldier to any house, without the consent of the owner, nor in be billeted, time of war, but in a manner to be prescribed by law. ARTICLE IV. &c. prohibited. The right of the people to be secure in their persons, Unreasonahouses, papers and effects, against unreasonable searches ble searches and seizures, shall not be violated; and no warrants shall issue but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. ARTICLE V. No person shall be held to answer for a capital or Criminal otherwise infamous crime, unless on a presentment or proceedings. indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled, in any criminal case, to be a witness against himself, nor be deprived of life, liberty or property, without due process of law; nor shall private property be taken for public use, without just compensation. ARTICLE VI. In all criminal prosecutions, the accused shall enjoy Mode of trial, the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law; and to be informed of the nature and cause of the accusation; to be confronted Right of trial by jury. Bail, fines. Rights not 1 with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defence. ARTICLE VII. In suits of common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved; and no fact tried by a jury shall be otherwise re-examined in any court of the United States, than according to the rules of the common law. ARTICLE VIII. Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishment inflicted. ARTICLE IX. The enumeration in the constitution of certain rights, enumerated. shall not be construed to deny or disparage others retained by the people. Powers reserved. power. ARTICLE X. The powers not delegated to the United States by the constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people. [The following amendment was proposed at the second session of the third congress. It is printed in the Laws of the United States, 1st vol., p. 73, as article 11.] ARTICLE XI. Limitation of The judicial power of the United States shall not be the judical construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by citizens of another state, or by citizens or subjects of any foreign state. [The three following sections were proposed as amendments at the first session of the eighth congress. They are printed in the Laws of the United States as article 12.] ARTICLE XIL 1. The electors shall meet in their respective states, Election of and vote by ballot for president and vice-president, president. one of whom, at least, shall not be an inhabitant of the same state with themselves. They shall name in their ballots the person voted for as president, and in distinct ballots, the person voted for as vice-president; and they shall make distinct lists of all persons voted for as president, and of all persons voted for as vicepresident, and of the number of votes for each; which lists they shall sign and certify, and transmit sealed to the seat of the government of the United States, directed to the president of the senate. The president of the senate shall, in the presence of the senate and house of representatives, open all the certificates, and the votes shall then be counted. The person having the greatest number of votes for president, shall be the president, if such number be a majority of the whole number of electors appointed; and if no person have such majority, then from the persons having the highest numbers, not exceeding three, on the list of those voted for as president, the house of representatives shall choose immediately, by ballot, the president. But, in choosing the president, the votes shall be taken by states, the representation from each state having one vote; a quorum for this purpose shall consist of a member or members from two-thirds of the states, and a majority of all the states shall be necessary to a choice. And if the house of representatives shall not choose a president whenever the right of choice shall devolve upon them, before the fourth day of March next following, then the vice-president shall act as president, as in the case of the death or other constitutional disability of the president. 2. The person having the greatest number of votes Vice-presi as vice president shall be the vice-president, if such dent. number be a majority of the whole number of electors appointed, and if no person have a majority, then from the two highest numbers on the list, the senate shall choose the vice-president. A quorum for the purpose shall consist of two-thirds of the whole number of senators, and a majority of the whole number shall be necessary to a choice. 3. But no person constitutionally ineligible to the office of president, shall be eligible to that of vicepresident of the United States. [In the edition of the Laws of the U. S., before referred to, there is an amendment printed as article 13, prohibiting citizens from accepting titles of nobility or honor, presents, offices, &c., from foreign nations. But, by a message of the president of the United States, of the 4th of February, 1818, in answer to a resolution of the house of representatives, it appears that this amendment had been ratified only by 12 states, and therefore had not been adopted. See vol. iv. of the printed papers of the 1st session of the 15th Congress, No. 76.] |