ARTICLE 6.

In all criminal prosecutions, the accused shall enjoy Mode of the right to a speedy and public trial, by an impartial trial. 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 7.

In suits at common law, where the value in contro- Right of versy shall exceed twenty dollars, the right of trial by trial by jury. 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 8.

Excessive bail shall not be required, nor excessive Bail, fines. fines imposed, nor cruel and unusual punishment inflicted.

ARTICLE 9.

The enumeration in the constitution of certain rights, Rights not shall not be construed to deny or disparage others re- enumerated. tained by the people.

ARTICLE 10.

The powers not delegated to the United States by Powers rethe constitution, nor prohibited by it to the states, are served. reserved to the states respectively, or to the people.

[The following amendment was proposed at the second session of the third congress. It is printed in the Laws of the United States, 1st vol. p. 73, as article 11.]

ARTICLE 11.

Limitation

The judicial power of the United States shall not be construed to extend to any suit in law or equity, com- of the judimenced or prosecuted against one of the United States cial power.

C

Election of president.

by citizens of another state, or by citizens or subjects of any foreign state.

[The three following sections were proposed as amendments at the first session of the eighth congress. They are printed in the Laws of the United States as article 12]

ARTICLE 12.

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 vicepresident, 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 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.

2. The person having the greatest number of votes Vice-presias vice-president, shall be the vice-president. if such dent. number be a majority of the whole number of elec tors 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.

3. But no person constitutionally ineligible to the office of president shall be eligible to that of vice-president of the United States.

[In the edition of the Laws of the U. S. before referred to, there is an amendment printed as article 13, prohibiting citizens from accepting titles of nobility or honor, or presents, offices, &c. from foreign nations. But, by a message of the president of the United States, of the 4th of February, 1818, in answer to a resolution of the house of representatives, it appears that this amendment had been ratified only by 12, states, and therefore had not been adopted. See vol. iv. of the printed papers of the 1st session of the 15th Congress, No. 76.]

THE

CONSTITUTION

OF THE

STATE OF NEW-YORK.

WE, the People of the State of New-York, acknowledging with gratitude the grace and beneficence of God, in permitting us to make choice of our form of government, do establish this constitution.

ARTICLE FIRST.

SEC. I. The legislative power of this state shall be Legislative vested in a senate and assembly.

power.

SEC. II. The senate shall consist of thirty-two mem- Senate, bers. The senators shall be chosen for four years, number of.

and shall be freeholders. The assembly shall consist Assembly, of one hundred and twenty-eight members, who shall number of. be annually elected.

SEC. III. A majority of each house shall constitute Powers of a quorum to do business. Each house shall deter- each house. mine the rules of its own proceedings, and be the judge of the qualifications of its own members. Each house shall choose its own officers; and the senate shall choose a temporary president, when the lieute nant-governor shall not attend as president, or shall act as governor.

SEC. IV. Each house shall keep a journal of its pro- Journals to ceedings, and publish the same, except such parts as be kept, &c.