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probable cause, supported by oath or affirmation, and particularly describing the place to be searched and the persons or things to be seized.

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

Wh., 100.

Trials for crimes.

ARTICLE V. No person shall be held to answer for a capital or otherwise infamous 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 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.

9 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.

Rights in criminal cases.

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 defence.

9 Wh., 579; Wall., 106; 1 Burr Tr., 179; 10 W., 449.

ARTICLE VII. Trials in In suits at common law where the value in controversy shall civil cases. exceed twenty dollars, the right of trial by jury shall be pre

served; 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.

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.

Bail, fines, &c.

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

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

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

Reserved rights.

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

169.

ARTICLE X. The powers not delegated to the United States by the con- Powers

reserved. stitution, nor prohibited by it to the states, are reserved to the states, respectively, or to the people.

1 McL., 234.
[The foregoing ten amendments were ratified as follows:]

By New Jersey, 20 November, 1789.
« Maryland, 19 December, 1789.
" North Carolina, 22 December, 1789.
“ South Carolina, 19 January, 1790.
New Hampshire, 25 January, 1790.
“ Delaware, 28 January, 1790.
« Pennsylvania, 10 March, 1790.
" New York, 27 March, 1790.
“ Rhode Island, 15 June, 1790.
" Vermont, 3 November, 1791.
" Virginia, 15 December, 1791.

ARTICLE XI. [The following was proposed by the congress held in Philadelphia on 2 December, 1793, and was declared by a message from the president, dated 8 January, 1798, to have been adopted by the constitutional number of states.] The judicial power of the United States shall not be con- Limitation

of judicial strued to extend to any suit in law or equity commenced or power. prosecuted against one of the United States by citizens of another state, or by citizens or subjects of any foreign state.

3 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.

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

The electors shall meet in their respective states, and vote, Election of by ballot, for president and vice-president, one of whom, at and viceleast, shall not be an inhabitant of the same state with them- president. selves; 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 twothirds 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.

INDEX

TO

CONSTITUTION OF THE STATE OF NEW YORK.

Art. Sec.

550-

Art. Sec.
Academies—support of, ,

9 1 Attorney-General-commissioner of
Actions or suits
not to be affected, 1 18

the canal fund, ......

5
by or against corporations, 8 3 member of the canal board, .

5
Adjournment of legislature,
3 11 | Attorney, district,

1
Adjutant-general,

11 3 Ayes and noes—on final passage of
Agricultural land-certain grants

bills,

3 15
void,
1 14 on bills returned by governor, .

4 9
Alienation of lands-restraints upon, 1 15 on removal of judicial officers,. 6 11
Amendments to bills,

3 13 on certain bills to create debt,. 7 12
to the constitution,
13 1 on tax and appropriation bills,. 7

14
Appeals, court of,

6 2 on amendments to the consti-
Appropriation laws,

7 8
tution,

13 1
how to be passed,

7 14
Assembly--number of members, 3 2 Bail—excessive, not to be required, 1
how apportioned,
3 5 Ballot-election to be by,

2
districts re-organized,

3 5 Banking-no special charter for,... 8
compensation of members, . 3 6 suspension of specie payments,. 8
members not to receive appoint-

stockholders to be liable,
ments,...

3 7 bill holders preferred,
accepting U. S. office, vacates

Bank bills, to be registered,

8
seat,
3 8 to be first paid,

8
election to be held in Novem-

Black River canal--to be completed, 7
ber,
3 9 not to be sold or leased,

7
to judge of qualifications, elec-

Betting on elections,.
tions, &c.,
3 10 Bills-laws to be passed by,

3
to choose its own officers, 3 10 private and local, title of,. 3
to keep a journal,
3 11 enacting clause of,

3
to sit with open doors, except,

question on final passage, .

3
&c.,

3 11 returned from governor with
not to adjourn without consent

objections,

4
of the senate, ...
3 11 to create debt,

7
members not to be questioned

for, tax and appropriations, 7
elsewhere for words in debate, 3 12 Bribery-persons guilty of,

2
majority of, necessary to pass

Borrowing money-state may bor-
bills,

3 15
row for sinking fund,

7
has the power of impeachment, 6 1 not exceeding $1,000,000, 7
Attorney-general-election and ten-

to repel invasion,

7
ure of office,..

5 1 with assent of the people, 7
compensation,

1 cities and villages to be restricted
commissioner of land office,.
5

8 9

5545786836244592425SH9

er er en

in,

355

Art. Sec.

Art. Sec.
Buffalo city courts,

6 14 Comptroller-commissioner of the
Canals—revenues,

7 1
canal fund,

5
to be completed,

7

member of the canal board, 5 5
not to be sold, leased or dis-

Commissioners of the canal fund,
posed of, ..

7 6
who shall be,

5 5
Canal commissioners-election and

powers and duties, .

5 6
tenure of office,..

5 Commissioners of the land office,
members of canal board,

5
who shall be,

5 5
Canal fund commissioners,

5
powers and duties,

5 6
Canal board-of whom it shall con-

may sell land contiguous to the
sist,
5 salt springs,

7 7
its powers and duties,
5 6 Commissioners to form code,.

1 17
Chancellor-office of, abolished, 14 8 to simplify pleadings and prac-
to hear causes till July, 1848, 14

tice,

6

24
Chancery (see court of chancery.]

Commissary General,

11 3
Census of the state—when to be

Compensation-of members of the
taken,
3 4 legislature,

3 6
Clerk of the court of appeals, . 6 19

of the governor, .

4 4
Clerk of the supreme court-county

of the lieutenant-governor, .

4
clerks to be,

6 19 of judges of court of appeals
Clerks of counties,

10 1

and justices of supreme court, 6 7
Clerk and register of N. Y. city, 10 1 of county judge,

6 14
vacancy, how filled,
10 5 Conciliation-tribunals of,..

6 23
Credit of the state-not to be loaned, 7 9 Conscience-liberty of,...

1 3
of cities and villages to be

persons exempt from military
restricted,

8 9
duty,

11 1
Citizens not to be disfranchised, un-

Constitution-how amended, 13 1
less by law,
1 1 when to take effect,

14 14
not to answer for crimes, ex-

Convention to revise the constitu-
cept on indictments, &c., 1 6

tion,

13 2
not to be twice put in jeopardy, 1 6 majority of electors necessary, 13 2
Cities—may be created by special

delegates to be elected, 13 2
act,

8 1 Congress-members of, ineligible to
to be restricted in their powers, 8 9

the legislature,...
officers of, to be elected or ap-

Corporations—to be formed under
pointed,

10 2
general laws,.....

8 1
City courts (see courts in cities).

by special act in certain cases, . 8 1
Crime—no one to answer, except on

general laws may be altered,.. 8 1
presentment, &c., .

1 6 dues from, how secured, ... 8 2
Criminal cases-no one to be wit-

defined-to sue and be sued,.. 8 3
ness against himself,
1 6 for banking,

8 4
Circuit courts—any justice of su-

stockholders individually liable, 8 7
preme court may hold,... 6 6 restrictions on municipal, . 8 9
terms of,....

6 9 Corporate rights or charters not af-
Circuit judge-office abolished,.. 14 8

fected,

1 18
Chief judge of the court of appeals, 6 2 Coroners—election and tenure of of-
Chief justice of the supreme court6

6
fice,

10 1
Code-commissioners to reduce laws

governor may remove,

10 1
into,
1 17 time of election,

10 4
Colonial acts—the law of this state, 1 17 County—not to be divided in form-
Colored person—what, entitled to

ing senate districts,.... 3 4
vote,

2 1 each to have member of Assem-
certain, not to be taxed,. 2 1

bly, ..

3 5
Common law-part of the laws of

not to be liable for acts of sheriff, 10 1

1 17 officers to be elected or appoint-
Common school fund,.

9 1

ed, according to law, 12 2
Common pleas courts - business

County courts, by whom held, . 6
transferred,

14 5 County clerks—to be clerk of su-
abolished, :

14 8
preme court, ..

6 19
Comptroller-election of, and tenure

election, tenure of office, and
of office,..

5 1
how removed,

10 1
compensation, not to receive

time of election,

10 4
fees, ...
5 1 vacancies, how filled, .

10 5
commissioner of the land office, 5 5 County judge-election and tenure, 6 14

MA

this state,

14

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