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When ratified by the

several states.

The constitution was ratified by the conventions of the several states, as follows:
By Delaware on the 7th December, 1787.

"Pennsylvania on the 12th December, 1787.
"New Jersey on the 18th December, 1787.
"Georgia on the 2d January, 1788.
"Connecticut on the 9th January, 1788.
"Massachusetts on the 6th February, 1788
"Maryland on the 28th April, 1788.
"South Carolina on the 23d May, 1788.
"New Hampshire on the 21st June, 1788.
"Virginia on the 26th June, 1788.
"New York on the 26th July, 1788.

"North Carolina on the 21st November, 1789.

"Rhode Island on the 29th May, 1790.

Freedom of religion, of speech, of the press, and right


[The following amendments were proposed at the first session of the first congress of the United States, which was begun and held in the city of New York, on the 4th of March, 1789, and were adopted by the requisite number of states. 1 vol. Laws U. S., p. 72.]

[The following preamble and resolution preceded the original proposition of the amendments, and as they have been supposed by a high equity judge (8th Wendell's Reports, p. 100) to have an important bearing on the construction of those amendments, they are here inserted. They will be found in the journals of the first session of the first congress.


Begun and held at the city of New York on Wednesday the 4th of March, 1789. The convention of a number of 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 insure 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, namely:]


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, of petition. and to petition the government for a redress of grievances.

Right to

bear arms.


of troops.


and seizures.


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.


The right of the people to be secure in their persons, houses, papers and effects against unreasonable searches and seizures, shall not be Warrants. 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.'

1 8 Cr., 448; 6 Binn., 316; 18 How., 71, 272; 1 Op., 229 ; 2 Op., 266; 4 Wh., 100.



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



In all criminal prosecutions, the accused shall enjoy the right to a Rights in speedy and public trial by an impartial jury of the state and district cases. 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."


civil cases.

In suits at common law where the value in controversy shall exceed Trials in 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.3



Excessive bail shall not be required, nor excessive fines imposed, nor Bail, fines, cruel and unusual punishments inflicted.*



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



The powers not delegated to the United States by the constitution, nor Powers prohibited by it to the states, are reserved to the states, respectively, or to the people.

[The foregoing ten amendments were ratified as follows:

By New Jersey, 20th November, 1789.

"Maryland, 19th December, 1789.
"North Carolina, 22d December, 1789.
"South Carolina, 19th January, 1790.
"New Hampshire, 25th January, 1790.
"Delaware, 28th January, 1790.
"Pennsylvania, 10th March, 1790.
"New York, 27th March, 1790.
"Rhode Island, 15th June, 1790.
Vermont, 3d November, 1791.
"Virginia, 15th December, 1791.

19 Wh., 579; 4 Wash., 402; 2 Sum., 19; 1 Wal. R. J., 127; Bald., 220; 12 S. & R., 221; 3 Cow., 686; 2 Cow., 815; 8 W., 85; 7 Pet., 243, 551; 5 How., 434; 18 How., 276; 2 Bl., 510; 39 N. Y., 181; 1 Ab. Ct. Ap. Dec., 287-307.

29 Wh., 579; Wall., 106; 1 Burr. Tr., 179; 10 W., 449; 2 N.Y. Crim, R. 51; 35 Hun, 516; 42 Hun, 103. 1 Pet., 469, 476; 3 Pet, 433; 6 Pet., 598; 3 Dal., 297; 11 How., 437; Bald., 544; 5 McL., 569; 2 Pa., 348, 578; 12 Harr., 289; 1 Gall., 20; 24 W., 137.

420 J. R., 459; 12 S. & R., 220; 3 Cow., 686.

1 W. & M., 401; 3 S. & R., 169.

Limitation of judicial


Election of president and vice

[The following was proposed by the congress held in Philadelphia on 2d December, 1793, and was declared by a message from the president, dated 8th January, 1798, to have been adopted by the constitutional number of states.]


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 following was proposed at the first session of the 8th Congress held in Washington, 17th October, 1803, and was declared, by a notice of the secretary of state, dated 25th September, 1804, to have been adopted by the constitutional number of states.]


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 president. 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. President. 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. Vice-presi- 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 When not choice. But no person constitutionally ineligible to the office of president, shall be eligible to that of vice-president of the United States.



Slavery abolished.

Power of congress.


[Proposed by Congress, February 1, 1865; ratification announced by secretary of state, Dec. 16, 1865.]

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.

13 Pet., 431; 7 Pet., 627; 11 Pet., 324; 5 Cr. 115; 6 Wh., 264; 9 Wh., 904; 2 How., 497, 550; 13 How., 12; 15 How., 309; 1 B. C. R., 157.


[Proposed by Congress, June 16, 1866; ratification announced by secretary of state, July 25, 1868.]


35 Hun, 392;

SECTION 1. All persons born or naturalized in the United States, and Citizens of subject to the jurisdiction thereof, are citizens of the United States and 93 N. Y.,438; of the state wherein they reside. No state shall make or enforce any law 99 N. Y.,386 which shall abridge the privileges or immunities of citizens of the United Id., 522. 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 laws.


the states.

§ 2. Representatives shall be apportioned among the several states Representaccording to their respective numbers, counting the whole number of atives, how persons in each state, excluding Indians not taxed. But when the right ed among to vote at any election for the choice of electors for president and vicepresident of the United States, representatives in congress, the executive or 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.

be senator

93 N. Y.,311.

$3. No person shall be a senator or representative in congress, or Who not to elector of president and vice-president, or hold any office, civil or military, or M C. 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

not to be

two-thirds of each house, remove such disability. §4. The validity of the public debt of the United States, authorized Public debt by law, including debts incurred for payment of pensions and bounties questioned. for services in suppressing insurrection or rebellion, shall not be questioned. But neither the United States nor any state shall assume or pay Insurrec 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.


[Proposed by congress, February 27, 1869; ratification announced by secretary of state, March 30, 1870 j SECTION 1. The right of citizens of the United States to vote, shall not be denied or abridged by the United States or by any state, on account of race, color, or previous condition of servitude.

§ 2. The congress shall have power to enforce this article by appropriate legislation.


debt not to med.

be as

Right to be denied

vote not to

or abridged Power of

congress to





TO JANUARY 1, 1889.

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WE, THE PEOPLE of the State of New York, grateful to Almighty God for our Freedom, in order to secure its blessings, DO ESTABLISH THIS CONSTITUTION.


SECTION 1. No member of this state shall be disfranchised, or deprived of any of the rights or privileges secured to any citizen thereof, unless by the law of the land, or the judgment of his peers."

§ 2. The trial by jury in all cases in which it has been heretofore used, shall remain inviolate forever; but a jury trial may be waived by the parties in all civil cases in the manner to be prescribed by law.'

§ 3. The free exercise and enjoyment of religious profession and worship, without discrimination or preference, shall forever be allowed in this state to all mankind; and no person shall be rendered incompetent to be a witness on account of his opinions on matters of religious belief; but the liberty of conscience hereby secured shall not be so construed as to excuse acts of licentiousness, or justify practices, inconsistent with the peace or safety of this state."

§ 4. The privilege of the writ of habeas corpus shall not be suspended, unless when, in cases of rebellion or invasion, the public safety may require its suspension."

§ 5. Excessive bail shall not be required nor excessive fines imposed, nor shall cruel and unusual punishments be inflicted, nor shall witnesses be unreasonably detained."

1 50 N. Y., 280; 16 Johns. R, 233; 17Johns. R., 108, 195, 225; 19 Johns. R., 153; 20 Johns. R., 313; 7 Johns. C. R., 297; 1 Cow., 450; 3 Cow, 713; 4 Wend., 9; 10 Wend., 547; 18 Wend., 9; 20 Wend., 365; 21 W., 563; 24 W., 215, 337; 26 W., 43; 3 Paige, 45; 5 Paige, 137; 6 Paige, 554; 11 Paige, 484; 1 Barb. Ch. R., 547; 5 Hill, 317. 468; 6 H., 47; 3 D., 381; 3 B., 196; 4 B., 56; 9 B., 350; 14 B., 405, 559; 18 B., 583; 24 B., 232, 248, 446; 27 Barb., 575; 1 N. Y. 536; 8 N. Y., 511; 4N. Y., 276; 6 N. Y., 176; 7 N. Y., 9, 109; 9 N. Y., 100; 12 N. Y., 541; 13 N. Y., 378; 16 N. Y., 501; 17 N. Y, 235; 18 N. Y., 38; 22 N. Y., 128; 49 N. Y. 280; 55 N. Y., 50, 367; 50 N. Y., 451, 525, 553; 67 N. Y., 227 ; 63 N. Y., 202; 1 Abb. N. C., 1; 68 N. Y., 381; 70 N. Y., 361; 5 Abb. N. C., 383.

21 Cow., 550; 6 Hill, 47; 3 D., 382; 4 D., 374; 15 W., 436; 20 W., 365; 8 Cow., 543; 3 B., 196; 4 B., 64; 13 N. Y., 383; 14 N. Y., 423; 19 N. Y., 445; 39 N. Y., 426; 50 N. Y., 281; 6 Lans., 44; 50 N. Y., 451; 27 Hun, 180; 32 Hun, 394; 36 Hun, 409, 496; 38 Hun, 198; 40 Hun, 22, 194, 230; 42 Hun, 188; 2 Edm. Sel. Cases, 381; 2 N. Y. Crim. R., 155; 3 N. Y. Crim. R., 206; 4 id, 123: 99 N. Y., 386; 100 N. Y., 409. 32 Cow., 815 1 H., 355; 6 H., 75; 5 W., 251, 468; 8 W., 85; 10 W., 449; 3 Pai., 45; 24 W., 337; 10 B., 35; 14 B., 425; 18 B., 412; 20 B., 625; 13 N. Y., 378; 16 N. Y., 501; 18 N. Y., 199; 27 N. Y., 148; 39 B., 115; 17 A., 4; 43 N. Y., 52; 44 N. Y., 555; 45 N. Y., 472; 45 N. Y., 283; 51 N. Y., 305; 74 N. Y., 382, 406; 1 Abb. N. C., 1; 11 Hun, 195, 358; 18 Hun, 274; 20 Hun, 462; 16 Hun, 42, 426; 74 N. Y., 495; 11 J. & S., 411; 23 Hun, 374, 431; 8 Hun, 21; 4 Abb. Ct. Ap. Dec., 485; 62 Barb., 21; 61 Barb., 27; 51 Barb., 465; 460 How. Pr. R., 162; 17 Abb. Pr. R., 5; 11 Abb. Pr. R., (N. S.), 35; 4 Rob., 311; 4 Rob., 464; 59 N. Y., 83, 92; 3 Hun, 306; 6 Hun, 140; 45 How. Pr., 97; 13 Abb. N. C., 128; 3 N. Y. Crim. R., 61; 25 Hun, 221; 27 Hun, 185; 43 Hun, 182; 103 N. Y., 143.

4 18 J. R., 98; 2 Cow., 432; 43 Hun, 397.

50 N. Y., 458; 32 Hun, 594.

13 N. Y., 378.

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