ARTICLE VI.

In all criminal prosecutions, the accused shall enjoy 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 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 at 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 punishments inflicted.

ARTICLE IX.

The enumeration, in the constitution, of certain rights shall not be construed to deny or disparage others, retained by the people.

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.

ARTICLE XI.

The judicial power of the United States shall not be

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.

ARTICLE XII.

The electors shall meet in their respective states, and vote by ballots for president and vice-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 vice-president, 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 case of the death or other constitutional disability of the president.

The person having the greatest number of votes as vice-president, shall be the vice-president, if such 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 vicepresident; a quorum for the purpose shall consist of twothirds of the whole number of senators, and a majority of the whole number shall be necessary to a choice.

But no person constitutionally ineligible to the office of president shall be eligible to that of vice president.

Published by the Department of State as an introduction to the Journal of the Convention assembled at Philadelphia Monday, May 12, and dissolved Monday, September 17, 1787.

The first volume of the late edition of the laws of the United States, compiled under the direction of the late secretary of state and attorney general, contains a succinct historical review of the successive public measures, which led to the present organization of the North American Union, from the assembling of the congress of the colonies on the 5th of September, 1774, to the adoption of the constitution of the United States, and of the subsequent amendments to it, now in force.

The following resolution of the old congress, adopted on the 21st of February, 1787, contains the authority by which the convention which formed the constitution, was convoked:

"Whereas there is provision in the articles of confed"eration and perpetual union, for making alterations

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therein, by the assent of a congress of the United "States, and of the legislatures of the several states; "and whereas experience hath evinced, that there are "defects in the present confederation, as a mean to rem"edy which, several of the states, and particularly the

"state of New-York, by express instructions to their del"egates in congress, have suggested a convention for "the purposes expressed in the following resolution ; "and such convention appearing to be the most probable "mean of establishing in these states a firm national go"vernment

"Resolved, That in the opinion of congress, it is ex66 pedient, that on the second Monday in May next, a "convention of delegates, who shall have been appointed "by the several states, be held at Philadelphia, for the ❝sole and express purpose of revising the articles of con"federation, and reporting to congress and the several "legislatures, such alterations and provisions therein, ❝as shall, when agreed to in congress, and confirmed by "the states, render the federal constitution adequate to "the exigencies of government, and the preservation of "the union."

The day appointed by this resolution for the meeting of the convention was the second Monday in May ; but the 25th of that month was the first day upon which a sufficient number of members appeared to constitute a representation of a majority of the states. They then elected George Washington their president, and proceeded to business.

On the 29th of May, Mr. Edmund Randolph presented to the convention fifteen resolutions, and Mr. C. Pinckney laid before them the draft of a federal government, which were referred to a committee of the whole ; which debated the resolutions, from day to day, until the 13th of June, when the committee of the whole reported to the convention a series of nineteen resolutions, founded upon those which had been proposed by Mr. Randolph.

On the 15th of June, Mr. Patterson submitted to the convention his resolutions, which were referred to a committee of the whole, to whom were also re-committed the resolutions reported by them on the 13th.

On the 19th of June, the committee of the whole reported, that they did not agree to Mr. Patterson's propositions, but reported again the resolutions which had been reported before.

The convention never afterwards went into committee of the whole; but from the 19th of June till the 23d of July were employed in debating the nineteen resolutions reported by the committee of the whole on the 18th of June; some of which were occasionally referred to grand committees, of one member from each state, or to select committees of five members.

After passing upon the nineteen resolutions, it was on the 23d of July resolved, "That the proceedings of the "convention for the establishment of a national govern"ment, except what respects the supreme executive, be "referred to a committee for the purpose of reporting a "constitution conformably to the proceedings aforesaid."

This committee, consisting of five members, and called in the journal "the committee of detail," was appointed on the 24th of July, and with the proceedings of the convention, the propositions submitted to the convention, by Mr. Charles Pinckney, on the 29th of May, and by Mr. Patterson on the 15th of June, were referred to them.

On the 26th of July, a resolution respecting the exccutive and two others, offered for the consideration of the convention, were referred to the committee of detail; and the convention adjourned till Monday, the 6th of August, when the committee reported a constitution for the establishment of a national government. This draft formed the general text of debate, from that time till the 8th of September; many additional resolutions, being in the the course of the deliberations, proposed, and referred to and reported upon by the same committee of detail, or other committees of eleven; (a member from each state) or of five.

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