Слике страница
PDF
ePub

ARTICLE V.

The congress, whenever two thirds of both houses shall deem it necessary, shall propose amendments to this constitution, or, on the application of the legislatures of two thirds of the several states, shall call a convention for proposing amendments, which, in either case, shall be valid to all intents and purposes, as part of this constitution, when ratified by the legislatures of three fourths of the several states, or by conventions in three fourths thereof, as the one or the other mode of ratification may be proposed by the congress; provided that no amendment which may be made prior to the year one thousand eight hundred and eight shall in any manner affect the first and fourth clauses in the ninth section of the first article; and that no state, without its consent, shall be deprived of its equal suffrage in the senate.

ARTICLE VI.

All debts contracted and engagements entered into, before the adoption of this constitution, shall be as valid against the United States under this constitution, as under the confederation.

This constitution and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, any thing in the constitution or laws of any state to the contrary notwithstanding.

The senators and representatives before mentioned, and the members of the several state legislatures, and all executive and judicial officers, both of the United States and of the several states, shall be bound by oath or affirmation, to support this constitution; but no religious test shall ever be required as a qualification to any office or public trust under the United States.

ARTICLE VII.

The ratification of the conventions of nine states shall be sufficient for the establishment of this constitution between the states so ratifying the same.

Done in convention by the unanimous consent of the states present the seventeenth day of September in the year of our Lord one thousand seven hundred and eighty-seven and of the independence of the United States of America the twelfth. In witness whereof we have hereunto subscribed our names.

New Hampshire,

Massachusetts,

Connecticut,

GEORGE WASHINGTON, President, and deputy from Virginia.

JOHN LANGDON,

NICHOLAS GILMAN.

S NATHANIEL GORHAM,
RUFUS KING.

WILLIAM SAMUEL JOHNSON,
ROGER SHERMAN.

[blocks in formation]

The states of New Hampshire, Massachusetts, Connecticut, Mr. Hamilton from New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina and Georgia. RESOLVED, That the preceding constitution be laid before the United States in congress assembled; and that it is the opinion of this convention, that it should afterwards be submitted to a convention of delegates, chosen in each state by the people thereof, under the recommendation of its legislature, for their assent and

ratification; and that each convention assenting to, and ratifying the same, should give notice thereof to the United States in congress assembled.

Resolved, That it is the opinion of this convention, that as soon as the conventions of nine states shall have ratified this constitution, the United States in congress assembled should fix a day on which electors should be appointed by the states which shall have ratified the same, and a day on which the electors should assemble to vote for the president, and the time and place for commencing proceedings under this constitution; that after such publication, the electors should be appointed, and the senators and representatives elected; that the electors should meet on the day fixed for the election of the president, and should transmit their votes, certified, signed, sealed, and directed, as the constitution requires, to the secretary of the United States in congress assembled; that the senators and representatives should convene at the time and place assigned; that the senators should appoint a president of the senate, for the sole purpose of receiving, opening, and counting the votes for president; and that after he shall be chosen, the congress, together with the president, should, without delay, proceed to execute this constitution.

By the unanimous order of the convention.

GEORGE WASHINGTON, President. WILLIAM JACKSON, Secretary.

IN CONVENTION.

SIR,

September 17, 1787.

"We have now the honour to submit to the consideration of the "United States in congress assembled that constitution which has "appeared to us the most advisable.

[ocr errors]

"The friends of our country have long seen and desired, that "the power of making war, peace, and treaties; that of levying money and regulating commerce; and the correspondent executive and judicial authorities, should be fully and effectually "vested in the general government of the union but the impro"priety of delegating such extensive trust to one body of men is "evident. Hence results the necessity of a different organization.

"It is obviously impracticable in the federal government of "these states, to secure all rights of independent sovereignty to "each, and yet provide for the interest and safety of all. Individ"uals entering into society must give up a share of liberty to pre"serve the rest. The magnitude of the sacrifice must depend as "well on situation and circumstance, as on the object to be ob"tained. It is at all times difficult to draw with precision the line "between those rights which must be surrendered, and those "which may be reserved; and on the present occasion this diffi"culty was increased by a difference among the several states as "to their situation, extent, habits, and particular interests.

"In all our deliberations on this subject, we kept steadily in "our view that which appears to us the greatest interest of every "true American, the consolidation of our union, in which is in

"volved our prosperity, felicity, safety, perhaps our national exis"tence. This important consideration, seriously and deeply im"pressed on our minds, led each state in the convention to be less "rigid on points of inferior magnitude, than might have been oth"erwise expected; and thus the constitution, which we now pre(" sent, is the result of a spirit of amity, and of that mutual deference and concession which the peculiarity of our political situa"tion rendered indispensable.

"That it will meet the full and entire approbation of every "state, is not perhaps to be expected; but each will doubtless "consider, that had her interests been alone consulted, the con"sequences might have been particularly disagreeable or injurious "to others: that it is liable to as few exceptions as could reason"( ably have been expected, we hope and believe that it may pro"mote the lasting welfare of that country so dear to us all, and ແ secure her freedom and happiness, is our most ardent wish. "With great respect, we have the honour to be, sir, your ex"cellency's most obedient and humble servants."

GEORGE WASHINGTON, President, by unanimous order of the convention. His excellency the PRESIDENT OF CONGRESS.

AMENDMENTS.

[The conventions 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, congress, at the session begun and held at the city of New York, on Wednesday, the 4th of March, 1789, proposed to the legislatures of the several states twelve amendments, ten of which only were adopted. They are the ten first following ]

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.

ARTICLE II.

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.

ARTICLE III.

No soldier shall, in time of peace, be quartered in any house without the consent of the owner: Lor in time of war, but in a manner to be prescribed by law.

ARTICLE IV.

The right of the people to be secured in their persons, houses, papers, and effects, against unreasonable searches and seizures,

shall not be violated, and no warrant 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.

ARTICLE V.

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

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 favour, and to have the assistance of counsel for his defence.

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 re-examined 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 impos. ed, 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.

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.

« ПретходнаНастави »