posed by Madison on the eighth of June, 1789, and it was his intention that the proposed new matter should be inserted here and there in its proper place in the original Constitution.1 This new matter was handed over to a Committee of Eleven, five of whose members, including Madison, had belonged to the Federal Convention, and 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.

(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.

(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 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.

1 For the draft as proposed by Madison see pp. 199-211, Vol. II.

510

THE ELEVENTH AMENDMENT.

this committee reported on the thirteenth of August. The language of its report conformed closely with that of the amendment as finally adopted.1 Fisher Ames suggested much of the language of the First Article, especially that respecting an established religion; Elbridge Gerry, that of the Fourth, securing the people against unreasonable searches and seizures; and Daniel Carroll and Roger Sherman the language of the Tenth Article, respecting the powers which "are reserved to the States respectively, or to the people." The final arrangement of the articles and the language in which they are expressed were the work of the Special Committee appointed by the House on the twenty-fourth of August, consisting of Benson, Sherman and Sedgwick, whose draft of the amendment, the fourth that had been made, went to the Senate and passed Congress on the twenty-fifth of September.3

The first amendment of the original Constitution was the Eleventh Article, on the judicial power, and was intended to interpret the meaning of that portion of the original article respecting the jurisdiction of the judicial power of the United States "in cases between a State and citizens of another State," and between it and foreign citizens or subjects. Henceforth, the judiciary power of the United States should 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

1 See the second draft of the amendments as finally adopted, Vol. II, pp. 225-227.

2 See Vol. I, p. 249.

3 For the two articles of this draft which were not ratified by the requisite number of States see Vol. I, p. 257.

4 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. 5 Article III, Section 2.

citizens or subjects of any foreign State." Stripped of technical language this means that an American Commonwealth cannot be sued in any court of the United States by a citizen of another State, or of any foreign country. The language of the Eleventh Amendment was largely the work of Albert Gallatin.1

The Twelfth Article2 was an amendment of the original instrument, and changed the manner of electing the Presi

1 See Vol. II, pp. 290, 292.

2 Article XII: Section 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 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 VicePresident 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

512

THE THIRTEENTH AMENDMENT.

dent and Vice-President.1 With the amendment are associated the names of five Representatives, and DeWitt Clinton, a Senator from the State of New York,-who at times had submitted resolutions for such an amendment before Congress entered upon its serious discussion.2 Its language was fixed in the Committee of Conference and the amendment was carried in the House by the casting vote of its speaker, Nathaniel Macon,3 of North Carolina.

The Thirteenth Article1 was also an amendment making null and void every provision in the original instrument respecting persons "bound to service for a term of years," and that on the rendition of persons held to service commonly called fugitive slaves. The language of the Thirteenth Amendment is older than the Constitution, having been used in the ordinance of 1787,6 and in part in the act of 1784.7 Before its incorporation in the

the Vice-President; a quorum for the purpose shall consist of two-thirds of the whole number of Senators, 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.

1 It amended Article II, Section 3.

2 These were William Smith of South Carolina, January 8, 1797; A. Abiel Foster, New Hampshire, February 16, 1799; James Ross of Pennsylvania, January 23, 1800; John Nicholas of Virginia, March 14, 1800; John Dawson of Virginia, October 17, 1803; and Dewitt Clinton, October 21, 1803.

3 See Vol. II, p. 327.

4 Article XIII: 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.

Sec. 2. Congress shall have power to enforce this article by appropriate legislation.

5 Article I, Section 3.

6 July 13, 1787, U. S. Statutes at Large, 1, 51.

7 April 23, 1784, Donaldson, Public Domain, 147.

Constitution, it had been used in every organic act for territories formed north of the Ohio and westward to the Pacific, and its language was used in every State constitution which forbade slavery. The addition of this amendment to the Constitution of the United States may with justice be accredited to President Lincoln.

The Fourteenth Article1 was partly amendatory and

1 Article XIV: Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United 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.

Sec. 2. Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed. But when the right to vote at any election for the choice of electors for President and Vice-President of the United States, Representatives in Congress, the Executive and 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.

Sec. 3. No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, 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 two-thirds of each House, remove such disability.

Sec. 4. The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or re