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CONGRESS OF THE UNITED STATES,
Begun and held at the City of New York, on Wednesday, the
4th of March, 1789.
The Convention of a number of the States, having, at the
time of their adopting the Constitution, expressed a desire, in order to prevent misconstruction or 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 ensure 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, viz:
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.
A well regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed.
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.
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 favour, 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 re-examined 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. 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 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, then 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 Vice President; a quorum for that 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.
XIII.* 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.
* Though the last official publication of the Constitution, under the direction of the Secretary of State, contains this article, it was not ascertained that the requisite number of States had adopted it. It is thought proper to insert it, as it was in the last edition, printed by authority of the general gorernment, though it is uncertain, whether it be a part of the Constitution.
The following articles were proposed, hy Congress, 4th of March, 1789, to the Legislatures of the several States, as Amendments to the Constitution ; but were not agreed to and ratified by the requisite number of States.
ARTICLE I. (After the first enumeration required by the first article of the Constitution, there shall be one Representative for every
64 CONSTITUTION OF THE UNITED STATES.
thirty thousand, until the number shall amount to one hundred ; after which, the proportion shall be so regulated by Congress, that there shall be not less than one hundred Representatives, nor less than one Representative for every forty thousand persons, until the number of Representatives shall amount to two hundred ; after which, the proportion shall be so regulated by Congress, that there shall not be less than two hundred Representatives, nor more than one Representative for every fifty thousand persons.
II. No law varying the compensation for the services of the Senators and Representatives, shall take effect, until an election of Representatives shall have intervened.]
COMMONWEALTH OF MASSACHUSETTS.
SECRETARY'S OFFICE, August 27, 1822. BY THIS I CERTIFY, That I have compared the Constitution of the United States, printed in this pamphlet, with a printed copy remaining in this office, having the name of Charles Thompson, Secretary, at the end, as evidence of its correctness; and which was forwarded to the government of this State, by an order of Congress, dated September 23th; 1787–And the Articles of Amend. ments to the said Constitution, printed above, with said articles printed in a volume of Laws of the United States, under the inspec. tion of the Secretary of State, in 1815; there being in this office no copy of said Constitution or Amendments, otherwise certified or authenticated : and that they appear to be correct.
A. BRADFORD, Secretary of the Commonwealth.