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. 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. ARTICLE XII. 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 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. A resolution, submitting to the Legislatures of the several States a proposition to amend the Constitution of the United States: Resolved, By the Senate and House of Representatives of the United States of America in Congress assembled, two-thirds of both Houses concurring, that the following article be proposed to the Legislatures of the several States, as an amendment to the Constitution of the United States, which, when ratified by three-fourths of each Legislature, shall be valid to all intents and purposes as a part of said Constitution, namely: 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. Approved, February 1, 1865. Joint resolution proposing an amendment to the Constitution of the United States: Be it resolved, By the Senate and House of Representatives of the United States of America in Congress assembled, two-thirds of both Houses concurring, that the following article be proposed to the Legislatures of the several States, as an amendment to the Constitution of the United States, which, when ratified by three-fourths of said Legislatures, shall be valid and part of the Constitution, namely: 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 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 representative 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 or 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 be in any way abridged, except for participation in rebellion, or other crimes, the basis of representation in such State 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 States. 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 and 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 the payment of pensions and bounties for suppressing insurrection or rebellion, shall not be questioned; but neither the United States, nor any State, shall assume or pay any debt incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave; but all such debts, obligations, and claims shall be held illegal and void. SEC. 5. The Congress shall have power to enforce, by appropriate legislation, the provisions of this article. Attest: Attest: SCHUYLER COLFAX, Speaker of the House of Representatives. President of the Senate, pro tem. EDWARD MCPHERSON, Clerk of the House of Representatives. JOHN W. FORNEY, HISTORY OF THE AMENDMENTS. The Fifth Article of the Constitution of the United States provides that, "The Congress, whenever two-thirds of both Houses shall deem it necessary, shall propose amendments to this Constitution, or, on 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 one, or the other mode of ratification may be proposed by the Congress." The first ten of these amendments belong together, and passed both Houses of the First Congress at its first session, March 4th, 1789. The eleventh and twelfth belong to this series, but they failed to be ratified by a sufficient number of States. "The series of ten amendments, like the Constitution, was nearly two years in being adopted. By Rhode Island, Maryland, Virginia, South and North Carolina, the whole twelve were accepted-but Delaware objected to the first, Pennsylvania to the first and second, and New York, New Hampshire, and New Jersey to the second, and these, consequently, fell through." Massachusetts, Connecticut, and Georgia made no returns. The eleventh amendment qualifies the Judicial power of the United States. This amendment was proposed to the country by the Third Congress at its first session, December 2d, 1793. At the second session of this Congress favorable returns had been received only from New York, New Hampshire, Vermont, Massachusetts, Georgia, and Delaware. During the first session of the Fourth Congress, Rhode Island and North Carolina made similar returns on this amendment. (xxvii) |