Right of trial by jury. Excessive bail, scc. Construction of constitution. Powers re served to the states. judicial pow ors. 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 7. 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 8. Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. ARTICLE 9. The enumeration in the constitution, of certain rights, shall not be construed to deny or disparage others retained by the people. ARTICLE 10. 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 11. Restriction of 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. Mode of president and [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 TWELVE-] ARTICLE 12. 1. The electors shall meet in their respective states, and vote by eking the 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 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 President. 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. dent. 2. The person having the greatest number of votes as vice-presi- 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 presi- Ib. dent, shall be eligible to that of vice-president 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, or 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.] THE FORMER CONSTITUTION OF THE STATE OF NEW-YORK. In Convention of the Representatives of the State of New-York. KINGSTON, 20th April, 1777. by congresseS tees. WHEREAS the many tyrannical and oppressive usurpations of the Government king and parliament of Great Britain, on the rights and liberties of and committhe people of the American colonies, had reduced them to the necessity of introducing a government by congresses and committees, as Its object temporary. Its inconveniences. Recital. temporary expedients, and to exist no longer than the grievances of the people should remain without redress. AND WHEREAS the congress of the colony of New-York, did, on the thirty-first day of May, now last past, resolve as follows, viz: "Whereas the present government of this colony, by congress and committees, was instituted while the former government, under the crown of Great Britain, existed in full force; and was established for the sole purpose of opposing the usurpation of the British parliament, and was intended to expire on a reconciliation with Great Britain, which it was then apprehended would soon take place, but is now considered as remote and uncertain. "And whereas many and great inconveniences attend the said mode of government by congress and committees, as of necessity, in many instances, legislative, judicial and executive powers have been vested therein, especially since the dissolution of the former government, by the abdication of the late governor, and the exclusion of this colony from the protection of the king of Great Britain. "And whereas the continental congress did resolve as followeth, to wit: "Whereas his Britannic majesty, in conjunction with the lords and commons of Great Britain, has, by a late act of parliament, excluded the inhabitants of these united colonies from the protection of his crown. And whereas, no answers whatever, to the humble petition of the colonies for redress of grievances and reconciliation with Great Britain, has been, or is likely to be given, but the whole force of that kingdom, aided by foreign mercenaries, is to be exerted for the destruction of the good people of these colonies. And whereas it appears absolutely irreconcilable to reason and good conscience, for the people of these colonies, now to take the oaths and affirmations necessary for the support of any government under the crown of Great Britain, and it is necessary that the exercise of every kind of authority under the said crown, should be totally suppressed, and all the powers of government exerted under the authority of the people of the colonies, for the preservation of internal peace, virtue and good order, as well as for the defence of our lives, liberties, and properties, against the hostile invasions and cruel depredations of our enemies : "Therefore, Resolution of "Resolved, That it be recommended to the respective assemblies the general Congress, re- and conventions of the united colonies, where no government sufficommending cient to the exigencies of their affairs has been hitherto established, to governments. adopt such government as shall, in the opinion of the representatives of the people, best conduce to the happiness and safety of their constituents in particular, and America in general.' tion of new Powers of the provincial "And whereas doubts have arisen, whether this congress are incongress in- vested with sufficient power and authority to deliberate and deteradequate. mine on so important a subject as the necessity of erecting and con stituting a new form of government and internal police, to the exclusion of all foreign jurisdiction, dominion and control whatever. And whereas it appertains of right solely to the people of this colony to determine the said doubts: Therefore, dation to with ade ers. "Resolved, That it be recommended to the electors in the several Recommencounties in this colony, by election in the manner and form prescribed elect deputies for the election of the present congress, either to authorise (in addi- quate powtion to the powers vested in this congress) their present deputies, or others in the stead of their present deputies, or either of them, to take into consideration the necessity and propriety of instituting such new government as in and by the said resolution of the continental congress is described and recommended: And if the majority of the counties, by their deputies in provincial congress, shall be of opinion that such new government ought to be instituted and established, then to institute and establish such a government as they shall deem best calculated to secure the rights, liberties, and happiness of the good people of this colony: and to continue in force until a future peace with Great Britain shall render the same unnecessary. And, "Resolved, That the said elections in the several counties, ought Time and to be had on such day, and at such place or places, as by the commit- meeting. tee of each county respectively shall be determined. And it is recommended to the said committees, to fix such early days for the said elections, as that all the deputies to be elected have sufficient time to repair to the city of New-York by the second Monday in July next; on which day all the said deputies ought punctually to give their attendance. "And whereas the object of the aforegoing resolutions is of the utmost importance to the good people of this colony; "Resolved, That it be, and it is hereby earnestly recommended to the committees, freeholders and other electors in the different counties in this colony, diligently to carry the same into execution." place of of this con AND WHEREAS the good people of the said colony, in pursuance of Appointment the said resolution, and reposing special trust and confidence in the vention. members of this convention, have appointed, authorised, and empowered them for the purposes, and in the manner, and with the powers in and by the said resolve specified, declared and mentioned. of the general AND WHEREAS the delegates of the United American States, in Proceedings general congress convened, did on the fourth day of July now last congress. past, solemnly publish and declare, in the words following, viz. of independ "When in the course of human events, it becomes necessary for Declaration one people to dissolve the political bands which have connected them ence. with another, and to assume among the powers of the earth, the separate and equal station to which the laws of nature and of nature's God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation. VOL. I. Reasons thereof. Grievances. "We hold these truths to be self-evident, that all men are created equal; that they are endowed by their Creator with certain unalienable rights; that among these are, life, liberty and the pursuit of happiness that to secure these rights, governments are instituted among men, deriving their just powers from the consent of the governed: that whenever any form of government becomes destructive of those ends, it is the right of the people to alter or to abolish it, and to institute a new government, laying its foundation on such principles, and organizing its powers in such form, as to them shall seem most likely to effect their safety and happiness. Prudence, indeed, will dictate, that governments long established should not be changed for light and transient causes, and accordingly all experience hath shewn, that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same object, evinces a design to reduce them under absolute despotism, it is their right, it is their duty, to throw off such government, and to provide new guards for their future security. Such has been the patient sufferance of these colonies; and such is now the necessity which constrains them to alter former system of government. The history of the present king of Great Britain is a history of repeated injuries and usurpations, all having in direct object the establishment of an absolute tyranny over these states. To prove this, let facts be submitted to a candid world. "He has refused his assent to laws, the most wholesome and necessary for the public good. "He has forbidden his governors to pass laws of immediate and pressing importance, unless suspended in their operation till his assent should be obtained; and when so suspended, he has utterly neglected to attend to them. "He has refused to pass other laws for the accommodation of large districts of people, unless those people would relinquish the right of representation in the legislature; a right inestimable to them, and formidable to tyrants only. "He has called together legislative bodies at places unusual, uncomfortable, and distant from the depository of their public records, for the sole purpose of fatiguing them into compliance with his measures. "He has dissolved representative houses repeatedly, for opposing with manly firmness his invasions on the rights of the people. "He has refused for a long time, after such dissolutions, to cause others to be elected, whereby the legislative powers, incapable of annihilation, have returned to the people at large, for their exercise; the state remaining in the mean time exposed to all the dangers of invasion from without, and convulsions within. "He has endeavored to prevent the population of these states; for that purpose obstructing the laws for naturalization of foreigners; re |