ARTICLE IV. The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants 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 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 lim; 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 reexamined 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 one of the United States by Citizens of another law or equity, commenced or prosecuted against 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 VicePresident, 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 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 VicePresident, 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. assembled, that Constitution which has appeared to us the most advisable. 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 impropriety 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. Individuals entering into society must give up a share of liberty to preserve the rest. The mag PROCEEDINGS OF THE CONVENTION WHICH FORMED nitude of the sacrifice must depend as well on THE CONSTITUTION. IN CONVENTION. MONDAY, September 17, 1787. 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 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 : LETTER OF THE CONVENTION TO THE OLD CONGRESS. IN CONVENTION. SEPTEMBER 17, 1787. SIR: We have now the honor to submit to the consideration of the United States in Congress situation and circumstance as on the object to be obtained. 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 difficulty 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 involved our prosperity, felicity, safety, perhaps our national existence. This important consideration, seriously and deeply impressed on our minds, led each State in the Convention to be less rigid on points of inferior magnitude than might have been otherwise expected; and thus the Constitution which we now present is the result of a spirit of amity and of that mutual deference and concession which the peculiarity of our political situation 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 interest been alone consulted, the consequences might have been particularly disa greeable or injurious to others. That it is liable to as few exceptions as could reasonably have been expected, we hope and believe. That it may promote the lasting welfare of that country so dear to us all, and secure her freedom and happiness, is our most ardent wish. With great respect, we have the honor to be, sir, your excellency's most obedient, humble servants. By unanimous order of the Convention : Go: WASHINGTON, President. His Excellency the PRESIDENT OF CONGRESS. PROCEEDINGS IN THE OLD CONGRESS. UNITED STATES IN CONGRESS ASSEMBLED. FRIDAY, September 28, 1787. Present-New Hampshire, Massachusetts, Connecticut, New York, New Jersey, Pennsylvania, Delaware, Virginia, North Carolina, South Carolina, and Georgia; and from Maryland, Mr. Ross. word " felony" after the word "treason” in the first paragraph. Congress having received the report of the Convention lately assembled in PhiladelphiaThe second paragraph is changed by adding thereto the Resolved, unanimously, That the said report, following words: "But Congress may, by law grant to the with the resolutions and letter accompanying principal officer in each of the executive departments a seat the same, be transmitted to the several legisla-upon the floor of either House, with the privilege of discussing any measures appertaining to his department." tures, in order to be submitted to a convention of delegates chosen in each State by the people thereof, in conformity to the resolves of the Convention made and provided in that case. CHARLES THOMSON, Secretary. The preamble is changed in the following respects: the words "United States," near the beginning, are stricken out, and the following words inserted in their place: "Confederate States, each State acting in its sovereign and independent character;" also, the words "more perfect union" are stricken out, and the words "permanent federal government" inserted in their place; also, the following words are omitted: "provide for the common defence, promote the general welfare," also, after the word "posterity," the following words are inserted: "invoking the favor and guidance of Almighty God," also, the word "Confederate" takes the place of "United," preceding the word "States." This last change takes place throughout the entire instrument, with a single exception, which will be noted in the appropriate place. ARTICLE I. SECTION 1. The word "granted" is stricken out, and the word .. delegated" inserted in its place; also, the word "United," preceding the word "States," is stricken out, and the word "Confederated" inserted in its place. SECTION 2. This section is changed as follows: in the first paragraph, after the words "in each State shall," the following words are inserted: "be citizens of the Confederate States, and"; also, the following words are added to this paragraph: "but no person of foreign birth, and not a citizen of the Confederate States, shall be allowed to vote for any officer, civil or political, state or federal." In the second paragraph, the words "been seven years a citizen of the United" are stricken out, and the words "be a citizen of the Confederate" inserted in place of them. In the third paragraph the word "Union" is stricken out, and the word "Confederacy" substituted; also the words "other persons" are stricken out, and the word "slaves" substituted; also, the word "thirty." preceding the word "thousand," is stricken out, and the word "fifty" substituted; also, all the words in this paragraph after the words "the State of" are stricken out, and the fllowing words substituted: "South Carolina shall be entitled to choose six, the State of Georgia ten, the State of Alabama nine, the State of Florida two, the State of Mississippi seven, the State of Louisiana six, and the State of Texas six." SECTION 7. The following changes are made in this section: In the second paragraph the words "the House of Rep resentatives and the Senate," are stricken out, and the words "both Houses" substituted; also the word "such" is inserted between the word "all" and the word "cases" also the following words are added to the end of this paragraph: "The President may approve any appropriation and disap prove any other appropriation in the same bill. In such case he shall, in signing the ball, designate the appropriations disapproved, and shall return a copy of such appro priations, with his objections, to the House in which the bill shall have originated; and the same proceedings shall then be had as in case of other bills disapproved by the Presi dent." The third paragraph is changed by striking out the words "The Senate and House of Representatives" in both places where they occur, and inserting in their places, in both cases, the words "both Houses;" also by substituting the Word "may" for the word "shall" after the words "dis approved by him." SECTION 8. In the first paragraph, after the word “excises” the words "for revenue necessary" are inserted; also the word "and" after the word "debts" is omitted; also the words" and general welfare of the United States; but” are stricken out, and the following words substituted: "and bounties shall be granted from the treasury, nor shall any carry on the government of the Confederate States; but no duties or taxes on importations from foreign nations be laid to promote or foster any branch of industry; and" The third paragraph is changed by adding thereto the following words: "but neither this, nor any other clause contained in the Constitution, shall ever be construed to del egate the power to Congress to appropriate money for any cept for the purpose of furnishing lights, beacons, and buoys, internal improvement intended to facilitate commerce; exand other aids to navigation upon the coasts, and the improvement of harbors, and the removing of obstructions in river navigation; in all such cases such duties shall be laid on the navigation facilitated thereby, as may be necessary to pay the costs and expenses thereof." The fourth paragraph is changed by adding thereto the following words: "but no law of Congress shall discharge any debt contracted before the passage of the same." The seventh paragraph is changed as follows: the last word "roads" is changed to "routes," and the following words added thereto: "but the expenses of the Post-office Department, after the first day of March, in the year of our Lord eighteen hundred and sixty-three, shall be paid out of its own revenues." In the fifteenth paragraph, the word "Union" is stricken out, and the words "the Confederate States" substituted. SECTION 9. The whole of the first paragraph is stricken out, and the following words substituted therefor: "The importation of negroes of the African race from any foreign country other than the slaveholding States or territories of the United States of America is hereby forbidden; and Congress is required to pass such laws as shall effectually prevent the same. Congress shall also have power to prohibit the introduction of slaves from any State not a member of, or territory not belonging to, this Confederacy."* In the third paragraph, after the word "law," the words "or law denying or impairing the right of property in negro slaves" are inserted. Houses." No change is made in the fourth paragraph, and the fifth The fifth paragraph is changed by adding thereto the folparagraph is changed by adding the following words: "ex-lowing words: "except by a vote of two thirds of both cept that any juicial or other federal officer resident and acting solely within the limits of any State, may be impeached by a vote of two thirds of both branches of the Legislature thereof." SECTION 3. In the first paragraph, after the words "thereof for six years," the words "at the regular session next immediately preceding the commencement of the term of service" are inserted. No change is made in the second paragraph. In the third paragraph the words "been nine years a citizen of the United" are stricken out, and the words "be a citizen of the Confederate" substituted. SECTION 4. The first paragraph of this section is changed by inserting the words "subject to the provisions of this Constitution" between the word "thereof" and the word "but." Also, the words "times and" are inserted near the close, before the word "places." SECTION 5. In the second paragraph of this section, the words of the whole number" are inserted, between the word "two-thirds" and the word "expel." SECTION 6. This section is changed by striking out the The sixth paragraph is changed by the omission of all, after the word "another." The following clauses are inserted after the seventh paragraph: “Congress shall appropriate no money from the Treasury except by a vote of two thirds of both Houses, taken by yeas and nays, unless it be asked and estimated for by some one of the heads of departments and submitted to Congress by the President; or for the purpose of paying its own expenses and contingencies; or for the payment of claims against the Confederate States, the justice of which shall have been judicially declared by a tribunal for the investigation of claims against the Government, which it is hereby made the duty of Congress to establish.” "All bills appropriating money shall specify in Federal currency the exact amount of each appropriation and the This provision is said to have been adopted as a part of the Permanent Constitution, by the vote of the States of Georgia, Alabama, Louisiana, and Mississippi, against that of South Carolina and Florida. purposes for which it is made; and Congress shall grant no | extra compensation to any public contract r, officer, agent, or servant, ofter such contract shall have been made or such service rendered." This section is further changed by adding to it the first ebt amendments to the Constitution of the United States, followed by this paragraph: "Every law or resolution having the force of law, shall relate to but one subject, and that sha'l be expressed in the tille." SECTION 10. The first paragraph is changed by striking get the following words: "emit bills of credit; aiso by inserting the word "or" between the word "atlainder" and the words "ez post facto." The third paragraph is changed by inserting after the Word tonnage," the following words: "except on seagoing vessels, for the improvement of its rivers and harbors naci gated by the said vessels; but such duties shall not conflict wh any treaties of the Confederate Slates with foreign nations; and any surplus of revenue thus derived shall, after making such improvement, be paid into the common Treaswry; nor shall any State". Also the following clause is added to this paragraph: "But when any river divides or flows through two or more States, they may enter into compaces with each other to improve the navigation thereof " ARTICLE II. SECTION 1. The first paragraph is so altered as to read as follows: The executive power shall be vested in a President of the Confederate States of America. He and the Vice President shall hold their offices for the term of six years; but the President shall not be re-eligible. The President and Vice President shall be elected as follows:" The third paragraph is stricken out, and the twelfth artice of the amendments to the Constitution of the United States substituted. The .th paragraph is changed in the following respects: the words or a citizen of the United States" are stricken out, and the words "of the Confederate States, or a citizen thereof substituted; also alter the word" Constitution," Le following words are insertel: "or a citizen thereof born in the United States, prior to the 20th of December, 1800,” also the words "United States' at the close of the paraph, are stricken out, and the words "limits of the Confederate States, as they may exist at the time of his election" are substituted. The eighth paragraph is changed by substituting the word “* enters" for the word "enter." The Last paragraph is changed by striking out the words "of the United States" at the close, and substituting the word "thereof." SECTION 2. The second paragraph is changed by adding thereto the words following: The principal officer in each of the executive departments, and all persons connected with the diplomatic service, may be removed from office at the pleasure of the President. All other civil officers of the executive department may be removed at any time by the Preswent, or other appointing power, when their services are unnecessary, or for dishonesty, incapacity, inefficiency, misanduct, or neglect of duty; and when so removed, the reoral shall be reported to the Senate, together with the reasons therefor.” The third paragraph is changed by dropping the word "up" after the word "fill." SECTION 3. This section is changed in the following respects: the first word "He" is stricken out and the words "The President' substituted; also the word "Union" is stricken out and the word "Confederacy" substituted. ARTICLE III. SECTION 1. In this section the word "supreme" is stricken out and the word "Superior" substituted in the first sentance of the first paragraph. SECTION 2. This section is changed as follows: after the clause" citizens of another State," the following clause is inserted: "where the State is plaintiff;" also the next simple sentence is changed by inserting the words "claiming lands under grants" between the word "citizens" and the word of" also the following clause is stricken out: "be teen citizens of the same State claiming lands under grants of dijerent States;" also the following clause is added to the first paragraph: “but no State shall be sued by a citiun or subject of any foreign State;" also in the first part of this paragraph the following clauses: "in law and equity," and arising under this Constitution," are transposed. In the third paragraph, in the clause "where the said crimes shall have been committed," the word "crimes" is changed to the word "crime." ARTICLE IV. SECTION 1. No change. SECTION 2. The first paragraph is changed by adding thereto the following clauses"; "and shall have the right of transit and sojourn in any State of this Confederacy, with their slaves and other property; and the right of property in such slaves shail not be thereby impaired." The third paragraph is changed in the following respects: after the first word"No" the words "slave or are inserted; also the words "one State" are stricken out, and the words "any State or Territory of the Confederate States" are substituted; also, after the word "escaping" the words "or lawfully carried into" are inserted; also the words "slave belongs, or to whom such" are inserted between the word "such" and the word “service," near the close of the paragraph. SECTION 3. The first paragraph is changed by striking out all the words to and including the word "Union," and substituting the words " Other States may be admitted into this Confederacy by a vote of two thirds of the whole House of Representatives and two thirds of the Senate, the Senate voting by States." The second paragraph is changed by striking out all after the word "regulations" and inserting the following clauses: "concerning the property of the Confederate States, including the lands thereof." "The Confederate States may acquire new territory, and Congress shall have power to legislate and provide govern ments for the inhabitants of all territory belonging to the Confederate States lying without the limits of the several States, and may permit them, at such times and in such milled into the Confederacy. In all such territory the inmanner as it may by law provide, to form States to be adstitution of negro slavery as it now exists in the Confederate the territorial government, and the inhabitants of the several States shall be recognized and protected by Congress and by Confederate States and territories shall have the right to take to such territory any slaves lawfully held by them in any of the States or Territories of the Confederate States." SECTION 4. This section is changed as follows: the words in this Union" are stricken out, and the words "that now is, or hereafter may become, a member of this Confederacy" inserted: also, after the word "Legislature," the words "cannot be convened" are dropped, and the words" is not in session," substituted; also this entire section is omitted, as a section, and placed at the end of section 3, as a paragraph thereof. ARTICLE V. This article is stricken out entirely, and the following substituted: "Upon the demand of any three States, legally assembled in their several Conventions, the Congress shall summon a Convention of all the States, to take into consideration such amendments to the Constitution as the said States is made; and should any of the proposed amendments to the shall concur in suggesting at the time when the said demand Constitution be agreed on by the said Convention-voting by States-and the same be ratified by the Legislatures of two thirds of the several States, or by Conventions in two-thirds thereof-as the one or the other mode of ratification may be form a part of this Constitution. But no State shall, without proposed by the general Convention—they shall henceforward its consent, be deprived of its equal representation in the Senate." ARTICLE VI. This article is preceded by the following paragraph: "The Government established by this Constitution is the successor of the Provisional Government of the Confederate States of America, and all laws passed by the latter shall continue in force until the same shall be repealed or modified; and all the officers appointed by the same shall remain in office until their successors are appointed and qualified or the offices abolished." The first paragraph is changed by striking out the word "Confederation" and substituting the words “Provisional Government." In the second paragraph, the words "which shall be” following the word "States" are stricken out. This article is also changed by adding thereto the 9th and 10th articles of the Amendments to the Constitution of the United States, as two additional paragraphs, after adding to the 9th Article the words: "of the several States." ARTICLE VII. The first paragraph is changed by substituting the word "five" for the word "nine" preceding the word "States." Also the following paragraph is added to the foregoing as amended: "When five States shall have ratified this Constitution, in the manner before specified, the Congress under the Provis ional Constitution shall prescribe the time for holding the elec tion of President and Vice President; and for the meeting of the electoral college; and for counting the votes and inaugu rating the President. They shall also prescribe the time for holding the first election of members of Congress under this Constitution, and the time for assembling the same. Until the electors of President and Vice-Pres- may invest the appointment of infe- may declare the punishment of trea- son....... may prescribe the manner of proving may propose amendments to Consti- 1 8 1 8 to lay and collect taxes........................................... 4 1 4 1 1 5 10 5 211 229 1 627 211 1 to regulate commerce. to establish uniform laws of bank- to coin money, regulate the value of to constitute tribunals inferior to the to punish piracies, felonies on the 1 to establish post offices and post 10 1 1 86 9 to raise and support armies.......... to call out the militia in certain 1 ས 1 11 to pass laws necessary to carry the Compensation, extra, to contractors, 5 1 5 1 of one State not to sue those of anoth- Court of, to be established......................... 1 Coasting trade, regulated. Coins, Congress to fix value of foreign... Commissions to be granted by the Pres- Common law recognized and established 7 Am'd. may alter the regulations of State 88666 9 cept as to place of choosing Sena- 1 9 1 Conventions for proposing amendments to the Constitution... Counterfeiting, Congress to provide for Court, Supreme, its original and appel- Ditto Crimes, persons accused of, fleeing from How to be tried......... Criminal prosecutions, proceedings in... 6 Am❜d. |