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III. No soldier shall, in time of peace, be quartered in any house, without the consent of the owner; nor in time of war, but in a manner to be prescribed by law.

IV. The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable 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.

V. No person shall be held to answer for a capital or otherwise infamous crime, unless on a presentment or indictment by 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.

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.

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 reexamined in any court of the United States, than according to the rules of common law.

VIII. Excessive bail shall not be required; nor excessive fines imposed; nor cruel and unusual punishments inflicted.

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

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.

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.

XII. 1. The electors shall meet in their respective States, and vote by ballot 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

1

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 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 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 Vice President of the United States.

ACTS OF THE FIRST CONGRESS

OF

THE UNITED STATES:

Passed at the first session, which was begun and held at the City of New York, in the State of New York, on Wednesday, March 4, 1789, and ended September 29, in the same year.

GEORGE WASHINGTON, President. JOHN ADAMS, Vice President, and President of the Senate. FREDERICK AUGUSTUS MUHLENBURG, Speaker of the House of Representatives.

CHAP. 1. An act to regulate the time and manner of administering certain oaths.

1789 ch. 1.

SECT. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the oath or affirmation required by the sixth article of Form of the the constitution of the United States, shall be administered in oath to support the conthe form following, to wit, "I, A. B. do solemnly swear or af- stitution. firm (as the case may be) that I will support the constitution of To be adminthe United States." The said oath or affirmation shall be ad- istered to the ministered within three days after the passing of this act, by President president of any one member of the senate, to the president of the senate, members and and by him to all the members, and to the secretary; and by secretary; to the speaker of the house of representatives, to all the mem- the house of bers who have not taken a similar oath, by virtue of a par- representa ticular resolution of the said house, and to the clerk: And tives, and its in case of the absence of any member from the service of clerk; and to either house, at the time prescribed for taking the said oath bers of either or affirmation, the same shall be administered to such member body on takwhen he shall appear to take his seat. ing their seats. Method of administering affirmation.

§ 2. That at the first session of congress after every general election of representatives, the oath or affirmation aforesaid shall be administered by any one member of the house of representatives to the speaker; and by him to all the members present, and to the clerk, previous to entering on any other business; and to the members who shall afterwards appear, previous to taking their seats. The president of the senate for the time being, shall also administer the said oath or affirmation to each senator who shall hereafter be elected, previous to his taking his seat: And in any future case of a president of the senate, who shall not have taken the said oath or affirmation, the same shall be administered to him by any one of the members of the senate.

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members of

absent mem

the oath or

Members of

state legisla

tures, &c. to

take the same

oath, before 1st of Sept. 1789.

By whom to be administer

ed.

§ 3. That the members of the several state legislatures, at the next sessions of the said legislatures respectively, and all executive and judicial officers of the several states, who have been heretofore chosen or appointed, or who shall be chosen or appointed before the first day of August next, and who shall then be in office, shall, within one month thereafter, take the same oath or affirmation, except where they shall have taken it before; which may be administered by any person authorized by the law of the state, in which such office State authori- shall be holden, to administer oaths. And the members of ties chosen or the several state legislatures, and all executive and judicial appointed after the 1st of officers of the several states, who shall be chosen or appointAug. 1789, to ed after the said first day of August, shall, before they protake a similar ceed to execute the duties of their respective offices, take the ation, to be ad- foregoing oath or affirmation, which shall be administered by ministered by the person or persons, who, by the law of the state, shall be a person au- authorized to administer the oath of office; and the person or thorized by the law of the persons so administering the oath hereby required to be taken, shall cause a record or certificate thereof to be made, in the Oath to be re- same manner as, by the law of the state, he or they shall be directed to record or certify the oath of office.

oath or affirm

state.

corded.

administered

Oath or affir- § 4. That all officers appointed, or hereafter to be appointmation to be ed, under the authority of the United States, shall, before to all officers they act in their respective offices, take the same oath or afof the U. S. firmation, which shall be administered by the person or perappointed or sons who shall be authorised by law to administer to such to be appoint- officers their respective oaths of office; and such officers shall incur the same penalties in case of failure, as shall be imposOfficers incur ed by law in case of failure in taking their respective oaths of penalties on

ed; and by

whom.

failure.

Additional

office.

§ 5. That the secretary of the senate, and the clerk of the house of representatives, for the time being, shall, at the time. of taking the oath or affirmation aforesaid, each take an oath or affirmation in the words following, to wit; "I, A. B. secretary oath for the se- of the senate, or clerk of the house of representatives (as the case may be) of the United States of America, do solemnly swear or affirm, that I will truly and faithfully discharge the duties of my house of rep- said office, to the best of my knowledge and abilities." [Approved, June 1, 1789.]

cretary of the senate and

clerk of the

resentatives.

Repealed.
Vol. i. p. 159.

CHAP. 2. An act for laying a duty on goods, wares, and merchandises, imported into the United States.

Whereas it is necessary for the support of government, for the discharge of the debts of the United States, and the encouragement and protection of manufactures, that duties be laid on goods, wares, and merchandises, imported:

Duties to com- § 1. Be it enacted, &c. That from and after the first day of mence, Aug. August next ensuing, the several duties hereinafter mention1st 1789. ed shall be laid on the following goods, wares, and merchanSpecific duties dises, imported into the United States from any foreign port or place, that is to say: On all distilled spirits of Jamaica proof, imported from any kingdom or country whatsoever, per gallon, ten cents.-On all other distilled spirits, per gallon,

on certain

enumerated

articles.

eight cents. On molasses, per gallon, two and a half cents. -On Madeira wine, per gallon, eighteen cents.-On all other wines, per gallon, ten cents.-On every gallon of beer, ale, or porter, in casks, five cents.-On all cider, beer, ale, or porter, in bottles, per dozen, twenty cents.-On malt, per bushel, ten cents. On brown sugars, per pound, one cent.-On loaf sugars, per pound, three cents.-On all other sugars, per pound, one and a half cents.-On coffee, per pound, two and a half cents. On cocoa, per pound, one cent.-On all candles of tallow, per pound, two cents.-On all candles of wax or spermaceti, per pound, six cents.-On cheese, per pound, four cents. On soap, per pound, two cents.-On boots, per pair, fifty cents.-On all shoes, slippers, or galoshoes, made of leather, per pair, seven cents.-On all shoes or slippers made of silk or stuff, per pair, ten cents.-On cables, for every one hundred and twelve pounds, seventy-five cents. On tarred cordage, for every one hundred and twelve pounds, seventyfive cents.-On untarred ditto, and yarn, for every one hundred and twelve pounds, ninety cents.-On twine or packthread, for every one hundred and twelve pounds, two hundred cents. -On all steel unwrought, for every one hundred and twelve pounds, fifty-six cents.-On all nails and spikes, per pound, one cent.-On salt, per bushel, six cents.-On manufactured tobacco, per pound, six cents.-On snuff, per pound, ten cents. -On indigo, per pound, sixteen cents. On wool and cotton cards, per dozen, fifty cents.-On coal, per bushel, two cents. -On pickled fish, per barrel, seventy-five cents. On dried fish, per quintal, fifty cents.

na, in Ameri

On all teas imported from China or India, in ships built in Duties on teas the United States, and belonging to a citizen or citizens there- imported from of, or in ships or vessels built in foreign countries, and on the India or Chisixteenth day of May last wholly the property of a citizen or can bottoms. citizens of the United States, and so continuing until the time of importation, as follows: On bohea tea, per pound, six cents. On all souchong, or other black teas, per pound, ten cents. On all byson teas, per pound, twenty cents.-On all other green teas, per pound, twelve cents.

American bot

On all teas impoted from Europe in ships or vessels built On teas imin the United States, and belonging wholly to a citizen or ported from citizens thereof, or in ships or vessels built in foreign coun- Europe in tries, and on the sixteenth day of May last wholly the proper- toms. ty of a citizen or citizens of the United States, and so continuing until the time of importation, as follows: On bohea tea, per pound, eight cents.-On all souchong, and other black teas, per pound, thirteen cents.-On all hyson teas, per pound, twenty-six cents.-On all other green teas, per pound, sixteen

cents.

other than

On all teas imported in any other manner, than as above- Duties on teas mentioned, as follows: On bohea tea, per pound, fifteen cents. imported in -On all souchong, or other black teas, per pound, twenty- American two cents. On all hyson teas, per pound, forty-five cents.- bottoms. On all other green teas, per pound, twenty-seven cents.

On all goods, wares, and merchandises, other than teas, im

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