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tained, shall operate before the next ensuing election of representatives.'

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Fourthly, that, in article 1, section 9, between the clauses three and four, be inserted these clauses, to wit:

"The civil rights of none shall be abridged on account of religious belief or worship; nor shall any national religion be established; nor shall the full and equal rights of conscience, in any manner, nor on any pretext, be infringed.

"The people shall not be deprived or abridged of the right to speak, to write, to publish their sentiments; and the freedom of the press, as one of the great bulwarks of liberty, shall be inviolable.

"The people shall not be restrained from peaceably assembling and consulting for their common good, nor from applying to the legislature, by petition or remonstrance, for redress of grievances.

"The right of the people to keep and bear arms shall not be infringed; a well-armed and well-regulated militia being the best security for a free country. But no person, religiously scrupulous of bearing arms, shall be obliged to render military service in person.

"No soldier shall, in time of peace, be quartered in any house, without the consent of the owners; nor at any time, but in the manner warranted by law.

"No person shall be subject, except in case of impeachment, to more than one punishment, or one trial, for the same offence; nor shall be compelled to be a witness against himself; nor be deprived of life, liberty, or property, without due process of law; nor be obliged to relinquish his property, when it may be necessary for public use, without a just compensation.

"Excessive bail shall not be required, nor excessive fines imposed, nor cruel or unusual punishments inflicted. "The right of the people to be secure in their per

sons, their houses, their papers, and their other property, from all unreasonable searches and seizures, shall not be violated by warrants issued without probable cause, supported by oath or affirmation, or not particularly describing the places to be searched, or the persons or things to be seized.

“In all criminal prosecutions, the criminal shall enjoy the right of a speedy and public trial; to be informed of the cause and nature of the accusation; to be confronted by his accusers and the witnesses against him; to have a compulsory process for obtaining witnesses in his favor; and to have the assistance of counsel in his defence.

"The exceptions here or elsewhere in the Constitution, made in favor of particular rights, shall not be so construed as to diminish the just importance of other rights retained by the people, or às to enlarge the powers delegated by the Constitution, but either as actual limitation of such powers, or as inserted merely for greater caution.' "Fifthly, that, in article 1, section 10, between clauses one and two, be inserted this clause:

"No State shall violate equal rights of conscience, or the freedom of the press, or the trial by jury in criminal cases.'

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"Sixthly, that in article 3, section 2, to be annexed to clause two these words, to wit:

"But no appeal to such courts will be allowed when the value in controversy shall not amount to dollars; nor shall any fact triable by jury, according to the course of common law, be otherwise reëxamined than consists with the principles of common law.'

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Seventhly, that, in article 3, section 2, the clause to strike out, and insert the clauses following:

"In the trial of all crimes (except in cases of impeachment, and cases arising in the land and naval forces, or in the militia when in actual service in time of war or

public danger) there shall be an impartial jury of freeholders of the vicinage, with the requisite of unanimity for conviction, of the right of challenge, and other accustomed requisites; and, in all crimes punishable with loss of life or member, presentment or indictment by a grand jury shall be an essential preliminary, provided that, in cases of crimes committed within any county which may be in the possession of the enemy, or in which a general insurrection may prevail, the trial may by law be authorized in some other county in the same State, as near as may be to the seat of the offence.'

"Eighthly, that immediately after article 6 be inserted, as article 7, the clauses following, to wit:

"The powers delegated by this Constitution, and appropriated to the departments to which they are respectively distributed; so that the legislature shall never exercise the powers vested in the executive or judicial, nor the executive exercise the powers vested in the legislative or judicial, nor the judicial exercise the powers vested in the legislative or executive departments.

"The powers not delegated by this Constitution, nor prohibited by the States, are reserved to the States respectively.'

"Ninthly, that article 7 be numbered as article 8."

After the amendments had been some time before the committee of the whole house, Mr. Ames moved they, together with the amendments proposed by the several States, be referred to a special committee; and Messrs. Gilman, Goodhue, Sherman, Benson, Boudinot, Clymer, Vining, Gall, Madison, Bush, Baldwin, were appointed on the 21st of July, 1789. On the 28th of the same month, Mr. Vining, from the committee, reported the following, to wit:

"In the introductory paragraph, before the words 'we the people' insert government being intended for the benefit of the people, and the rightful establishment thereof being derived from their authority, alone.'

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"Article 1, section 6, between the words United States' and 'shall in all cases,' strike out 'they,' and insert but no law varying the compensation shall take effect until an election of representatives shall have intervened. The members-’

"Article 1, section 9, between paragraph two and three, insert No religion shall be established by law, nor shall the equal rights of conscience be infringed.

"The freedom of speech and of the press, and the right of the people peaceably to assemble, and consult for the common good, and to apply to the government for redress of grievances, shall not be infringed.

"A well-regulated militia, composed of the body of the people, being the best security of a free state, the right of the people to keep and bear arms shall not be infringed; but no person religiously scrupulous shall be compelled to bear arms.

"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 manner prescribed by law.

"No person shall be subject, except in case of impeachment, to more than one trial nor one punishment for the same offence, nor shall be compelled to be 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.

"Excessive bail shall not be required, nor excessive fines imposed, nor cruel or unusual punishments inflicted.' "Article 1, section 2, paragraph three, strike out all between the words 'direct' and 'and until such,' and,

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instead thereof, insert After the first enumeration, there shall be one for every thirty thousand, until the number shall amount to one hundred; after which the proportion shall be so regulated by congress, that the number of representatives shall never be less than one hundred, nor more than one hundred and seventy-five, but each State shall have at least one representative.

"The right of the people to be secure in their persons, papers, and effects, shall not be violated by warrants issuing without probable cause, supported by oath or affirmation; and not then without particularly describing the place to be searched, and the person or thing to be seized.

"The enumeration in this Constitution of certain rights shall not be construed to deny or disparage others retained by the people.'

"Article 1, section 10, between the first and second paragraphs, insert, No State shall infringe the equal rights of conscience, nor the freedom of speech or of the press, nor of the right of trial by jury in criminal cases.'

"Article 3, section 2, add to the second part, 'But no appeal to such court shall be allowed, where the value in controversy shall not amount to over a thousand dollars; nor shall any fact triable by a jury according to the course of common law be otherwise reëxamined than according to rules of common law.'

"Article 3, section 2, strike out the whole of the third paragraph, and insert, ‘In all criminal prosecutions the accused shall enjoy the right to a speedy and public trial; to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory processes for obtaining witnesses in his favor, and to have assistance of council in his defence.

"The trial of all crimes (except in cases of impeach

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