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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
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.
1 W. & M., 401; 3 S. & R.,
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.
By New Jersey, 20 November, 1789.
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.,
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.
CONSTITUTION OF THE STATE OF NEW YORK.
9 1 Attorney-General-commissioner of
the canal fund, ......
11 3 Ayes and noes—on final passage of
3 13 on certain bills to create debt,. 7 12
6 2 on amendments to the consti-
3 5 Banking-no special charter for,... 8
stockholders to be liable,
3 7 bill holders preferred,
Bank bills, to be registered,
Black River canal--to be completed, 7
Betting on elections,.
question on final passage, .
3 11 returned from governor with
for, tax and appropriations, 7
Borrowing money-state may bor-
to repel invasion,
5 1 with assent of the people, 7
1 cities and villages to be restricted
er er en
6 14 Comptroller-commissioner of the
member of the canal board, 5 5
Commissioners of the canal fund,
powers and duties, .
5 Commissioners of the land office,
may sell land contiguous to the
Compensation-of members of the
of the governor, .
of the lieutenant-governor, .
6 19 of judges of court of appeals
and justices of supreme court, 6 7
persons exempt from military
Constitution-how amended, 13 1
Convention to revise the constitu-
delegates to be elected, 13 2
8 1 Congress-members of, ineligible to
Corporations—to be formed under
by special act in certain cases, . 8 1
general laws may be altered,.. 8 1
1 6 dues from, how secured, ... 8 2
defined-to sue and be sued,.. 8 3
stockholders individually liable, 8 7
6 9 Corporate rights or charters not af-
governor may remove,
ing senate districts,.... 3 4
2 1 each to have member of Assem-
not to be liable for acts of sheriff, 10 1
1 17 officers to be elected or appoint-
ed, according to law, 12 2
County courts, by whom held, . 6
14 5 County clerks—to be clerk of su-
election, tenure of office, and
time of election,