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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 reëxamined 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.

[The following amendment was proposed at the second session of the third congress. It is printed in the Laws of the United States, vol. 1, p. 73, as article 11.]

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.

[The three following sections were proposed as amend ments at the first session of the eighth congress. They are printed in the Laws of the United States as article 12.]

ARTICLE 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 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.

ARTICLE XIII.

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.

[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 twelve 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

CONSTITUTION OF THE STATE OF NEW YORK.

Adopted November 3, 1846.

ARTICLE I.

SECTION 1. No person to be disfranchised.

SEC. 2. Trial by jury.

SEC. 3. Religious liberty.

SEC. 4. Writ of habeas corpus.

SEC. 5. Bail, fines.

SEC. 6. Grand jury.

SEC. 7. Private property-Private roads.
SEC. 8. Freedom of speech and of the press.
SEC. 9. Two-third bills.

SEC. 10. Right of petition-Divorces - Lotteries.
SEC. 11. Right of property in lands- - Escheats.

SEC. 12. Feudal tenures abolished.

SEC. 13. Allodial tenure.

SEC. 14. Certain leases invalid.

SEC. 15. Fines and quarter sales abolished.

SEC. 16. Sale of lands.

SEC. 17. Old colony laws and acts of the Legislature-Common law → Commissioners to be appointed-their duties.

SEC. 18. Grants of land since 1775-Prior grants.

ARTICLE II.

SECTION 1. Qualification of voters-Freehold required for man of color.

SEC. 2. Persons excluded from right of suffrage.

SEC. 3. Certain employments not to affect residence of voters.
SEC. 4. Laws to be passed.

SEC. 5. Election to be by ballot.

ARTICLE III.

SECTION 1. Legislative powers.

SEC. 2. Senate, number of-Assembly, number of.

SEC. 3. State divided into thirty-two senatorial districts-boundaries thereof-Board of Supervisors of the city of New York to divide the county into four Senate districts-Certificate, &c., to be filed. SEC. 4. Census to be taken in 1855, and every ten years-Senate districts, how altered.

SEC. 5. Members of Assembly, how apportioned and chosen — -Boards of Supervisors in certain counties to divide the same into Assembly districts-Description of Assembly districts to be filed - Contents of assembly districts-Legislature to re-apportion members of Assembly -Each county entitled to one member-Hamilton county.

SEC. 6. Pay of members-Additional compensation to Speaker.
SEC. 7. No member to receive an appointment.

SEC. 8. Persons disqualified from being members.

SEC. 9. Time of election fixed.

SEC. 10. Powers of each house.

SEC. 11. Journals to be kept.

SEC. 12. No member to be questioned, &c.

SEC. 13. Bills may originate in either house.

SEC. 14. Enacting clause of bills.

SEC. 15. Assent of a majority of all the members required, &c.

SEC. 16. Restriction as to private and local bills.

SEC. 17. Local legislative powers conferred on Boards of Supervisors.

ARTICLE IV.

SECTION 1. Executive power, how vested.

SEC. 2. Requisite qualifications of Governor.

SEC. 3. Time and manner of electing Governor and Lieutenant-Gov

ernor.

SEC. 4. Duties and power of Governor-His compensation.
SEC. 5. Pardoning power vested in the Governor.

SEC. 6. Powers of Governor to devolve on Lieutenant-Governor.
SEC. 7. Requisite qualifications of Lieutenant-Governor-To be
President of the Senate, and to act as Governor in certain cases.
SEC. 8. Compensation of Lieutenant-Governor in certain cases.

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