actual service in time of war or public danger; nor shall any person be subject for the same offense 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 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 defense.

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 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

* Recommended by the Third Congress, and became valid January 8, 1798.

↑ Recommended by the Eighth Congress, and became valid September 25, 1804.

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 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. 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. But no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States.

ARTICLE XIII.*

SECTION 1. Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.

2. Congress shall have power to enforce this article by appropriate legislation.

*Recommended by joint resolution of Congress Feb. 1, 1865, and declared a part of the Constitution by a public declaration of the Secretary of State Dec. 18, 1865, it having been adopted by twentyseven States, viz.: Illinois, Rhode Island, Michigan, Maryland, New York, West Virginia, Maine, Kansas, Massachusetts, Pennsylvania, Virginia, Ohio, Missouri, Nevada, Indiana, Louisiana, Minnesota, Wisconsin, Vermont, Tennessee, Arkansas, Connecticut, New Hampshire, South Carolina, Alabama, North Carolina and Georgia, in the order here named. Oregon ratified the amendment on the 11th of November, 1865.

AMENDMENTS to the Constitution of the United States, recommended by Congress, but not approved by the required number of States.

RECOMMENDED BY JOINT RESOLUTION OF CONGRESS, IN 1810.

"If any citizen of the United States shall accept, claim, receive or retain any title of nobility or honor, or shall, without the consent of Congress, accept and retain any present, pension, office or emolument of any kind whatever from any emperor, king, prince or foreign power, such person shall cease to be a citizen of the United States. and shall be incapable of holding any office of trust or profit under them, or either of them."

[Only twelve States adopted this amendment, viz.: Missouri, Kentucky, Ohio, Delaware, Pennsylvania, New Jersey, Vermont, Tennessee, Georgia, North Carolina, Massachusetts and New Hampshire, in the order named. In New York and Rhode Island it was rejected, and in Connecticut, South Carolina and Vermont no definite action was taken. See State Papers, 15th Cong., vol. iv. No. 76.]

RECOMMENDED BY JOINT RESOLUTION OF CONGRESS, MARCH 2, 1861. "Article Thirteen." "No amendment shall be made to the Constitution which will authorize or give to Congress the power to abolish or interfere, within any State, with the domestic institutions thereof, including that of persons held to labor or service by the laws of said State."

AMENDMENT NOW PENDING FOR ADOPTION.*

RECOMMENDED BY JOINT RESOLUTION OF CONGRESS, JUNE 16, 1866. ARTICLE XIV.

SECTION 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty or property without due process of law, nor deny to any person within its jurisdiction the equal protection of the law.

2. Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed. But when the right to vote at any election for the choice of electors for President and Vice-President of the United States, Representatives in Congress, the executive and judicial officers of a State, or the members of the legislature thereof, is denied to any of the male inhabitants of such State, being twenty-one years of age, and citizens of the United States, or in any way abridged, except for participation in rebellion or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such State.

3. No person shall be a Senator, or Representative in Congress, or elector of President, Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State Legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof: But Congress may by a vote of two-thirds of each House remove such disability.

24. The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned. But neither the United States, nor any State, shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave; but all such debts, obligations and claims shall be held illegal and void. 5. The Congress shall have power to enforce, by appropriate legislation, the provisions of this article.

A certificate from the Department of State, dated April 24th, 1867, in answer to inquiries by the editor of this volume, shows that twenty States had, on that date, notified their acceptance of this amendment, viz.: Connecticut, New Hampshire, Tennessee, New Jersey, Oregon. Vermont, New York, Ohio, Illinois, West Virginia, Kansas, Nevada, Missouri, Indiana, Minnesota, Rhode Island, Wisconsin, Pennsylvania, Michigan and Massachusetts.

FIRST CONSTITUTION OF NEW YORK. 1777.*

IN CONVENTION OF THE REPRESENTATIVES OF THE STATE OF NEW YORK.

KINGSTON, 20th April, 1777.

WHEREAS, the many tyrannical and oppressive usurpations of the king and parliament of Great Britain, on the rights and liberties of the people of the American colonies, had reduced them to the necessity of introducing a government by congresses and committees, as 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.

66

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 destruc"tion 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 gov"ernment exerted under the authority of the people of the colonies, for

*A Provincial Congress assembled at New York city, in May, 1775, and continued, with various intervals, and repeated renewal of delegates, until May, 1776. On the 10th of July, of that year, a convention of the State of New York assembled at White Plains, and its sessions, after numerous interruptions and adjournments to Fishkill and Kingston, were finally terminated at that place on the 13th of May, 1777. On the 1st of August, a committee, consisting of Col. JOHN BROOME, Col. CHARLES DE WITT, WILLIAM DUER, JOHN SLOSS HOBART, JOHN JAY, ROBERT R. LIVINGSTON, GOUVERNEUR MORRIS, Gen. JOHN MORIN SCOTT, WILLIAM SMITH, SAMUEL TOWNSEND, HENRY WISNER, ABRAHAM YATES and ROBERT YATES, was appointed to prepare and report a Constitution. Their report was made March 12, 1777, and discussed till April 20. 1777, when the first State Constitution was adopted. Most of the original drafts, in the Secretary's office, are in the handwriting of JOHN JAY.

On the 8th of May, 1777, the Convention adopted an Ordinance for organizing and establishing the government. In the interval, a Council of Safety was invested with all the powers necessary for the safety and preservation of the State, The first judges, sheriffs and county clerks were named in this Ordinance, and were to continue according to the tenure of said offices, respectively, as fixed by the Constitution, if approved of by the Council of Appointment. The times and places of election throughout the State were also fixed, and the first members of the Senate and Assembly for the Southern District, then in the power of the enemy, were appointed by this Ordinance.

"the preservation of internal peace, virtue and good order, as well as "for the defense of our lives, liberties, and properties, against the hostile "invasions and cruel depredations of our enemies:

Therefore,

"Resolved, That it be recommended to the respective assemblies and "conventions of the united colonies, where no government sufficient to "the exigencies of their affairs has been hitherto established, to 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."

"AND, WHEREAS, doubts have arisen, whether this Congress are invested with sufficient power and authority to deliberate and determine on so important a subject as the necessity of erecting and constituting 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,

"Resolved, That it be recommended to the electors in the several counties in this colony, by election in the manner and form prescribed for the election of the present Congress, either to authorize (in addition 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 to be had on such day, and at such place or places, as by the committee 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."

AND, WHEREAS, the good people of the said colony, in pursuance of the said resolution, and reposing special trust and confidence in the members of this convention, have appointed, authorized, and empowered them for the purposes, and in the manner, and with the powers in and by the said resolve specified, declared and mentioned.

AND, WHEREAS, the delegates of the United American States, in general Congress convened, did, on the fourth day of July now last past, solemnly publish and declare, in the words following, viz. :

WHEN, in the course of human events, it becomes necessary for one people to dissolve the political bands which have connected them 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.

"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 these ends,