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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. [18 Johns. 187. 3 Yeates, 362. 6 Binn. 509. 2 Dall. 312.
and R. 382.]
2 Johns. Ch. R. 164. 1 S.
Art. 6. 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.
Art. 7. 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. [See 8 Wheat. 674.]
Art. 8. Excessive bail shall not be required, nor excessive fine imposed, nor cruel and unusual punishments inflicted.
Art. 9. The enumeration in the constitution of
certain rights shall not be construed to deny or disparage others retained by the people.
Art. 10. 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.
Third Congress, Second Session Dec. 2, 1793.
Art. 11. The judicial power of the United States shall not be construed to extend to any suit at 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. (See Wheat. 405.)
Eighth Congress, first Session Oct. 17, 1803.
Art. 12. 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 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
* On the first Wednesday in December, by Act of Congress, 1st March, 1792.
† Before the first Wednesday in January, by the same act.
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.
*On the second Wednesday in February, by the same act.
[The following article was proposed by congress to the several states for their adoption as part of the constitution, and has been ratified by the state of Pennsylvania, and some of the other states, but had not, in March, 1825, been ratified by the number of states required by the fifth article of the constitution, and is therefore, as yet, no part of the constitution of the United States.]
Eleventh Congress, Second Session, November 27th, 1809.
Art. 13. If any citizen of the United States shall accept, claim, receive, or retain any title of nobility or honour, or shall, without the consent of congress, accept and retain any present, pension, office, or emolument of any kind whatever, from any emperor, king, prince, or foreign power, such person shall cease to be a citizen of the United States, and shall be incapable of holding any office of trust or profit under them, or either of them. [See Const. U. S. Art. 1, s. ix. p. 13.]
UNITED STATES SENATE.
The United States senators assemble at Washington, on the first Monday in December, in each year, in their chamber, at 12 o'clock, meridian. The Vice President, to
wards the close of the session, usually withdraws; when a president pro tempore is chosen. This is done to meet any contingency that may happen, either from the death of the President, or the death or absence of the Vice President. At the convening of the senators, if the Vice President is absent, the president pro tempore of course takes the chair, and proceeds to open the session forthwith. The secretary calls over the names of the senators present. The certificates of election of such gentlemen as meet for the first time, or upon re-election, being read, the new senators are requested by the president to approach the chair and take the oath, which he administers in the following form:"I, A. B., do solemnly swear, (or affirm, as the case may be,) that I will support the Constitution of the United States."
The new senators having been duly quali