§ 605. At the time of the formation of the Constitution there were thirteen States. This clause does not require that all the States should assent to the Constitution, for a single State would then have been enabled to defeat the wishes of all the others. Nor does it make a majority sufficient; but it adopts a medium course, and declares that the ratification by the conventions of nine States shall be sufficient for the establishment of the Constitution between the States thus ratifying it. § 606. Had the Constitution been ratified by no more than nine States, those nine States only would have composed the Union, and the remaining States would not have been members of it. For the proceedings attending the ratification of the Constitution, see § 46. § 607. The final clause of the Constitution is as follows:"DONE in Convention by the Unanimous Consent of the States present the Seventeenth day of September in the Year of our Lord one thousand seven hundred and Eighty seven and of the Independence of the United States of America the Twelfth. In Witness whereof We have hereunto subscribed our Names." It was then signed by Go WASHINGTON— Presidt and deputy from Virginia, and by thirty-eight other delegates, being one or more from each of the original thirteen States, except Rhode Island, by whom no delegate was appointed. CHAPTER XVI. ARTICLES IN ADDITION TO, AND AMENDMENT OF, THE § 608. MUCH оpposition was made to the ratification of the Constitution, in the conventions called by the States. The reasons for the opposition were different in their nature, but a very general opinion was entertained, that something should be added in the nature of a Declaration of Rights, which should positively assert and establish certain rights of the people. Many of the States, although they ratified the Constitution, expressed a wish that such amendments should be adopted. § 609. Accordingly, at the first session of the first Congress, begun and held in the city of New York, March 4, 1789, Congress, after duly considering the fact that the conventions of a number of the States, at the time of their adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be adopted, passed a resolution on the 25th of September, 1789, twothirds of both houses concurring, to propose twelve articles to the legislatures of the States, as amendments to the Constitution. § 610. Ten of those articles having been finally ratified by the legislatures of three-fourths of the States, became amendments of the Constitution of the United States on the 15th day of December, 1791. § 611. These amendments, constituting the first ten of the whole number of amendments, were ratified by the States, as follows: By New Jersey, 20th November, 1789. § 612. Subsequently another amendment, the eleventh, was proposed at the first session of the third Congress, 5th March, 1794, and was declared in a message from the President of the United States to both houses of Congress, dated 8th January, 1798, to have been adopted by the constitutional number of States. The twelfth amendment was proposed at the first session of the eighth Congress, 12th December, 1803, and was adopted by the constitutional number of States in 1804. 613. We have already presented these amendments, commencing on page 48, and we are now to consider each one in its order: "ARTICLE I. Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of griev ances," § 614. We have already seen that no religious test can ever be required as a qualification to any office or public trust under the United States, (§ 603.) The object of the present amendment is to go still further, and in general terms to restrict Congress from making any law respecting an establishment of religion, or prohibiting the free exercise thereof. One purpose sought to be effected by this provision, is to prevent the supremacy of any religious denomination in consequence of national patronage, or by authority of law, and to maintain the separation of church and State. § 615. At the same time the Constitution extends its protection alike to all religious denominations, and by thus allowing to every citizen the free exercise of religion according to the dictates of his conscience, secures equal religious liberty. In this way the Constitution seeks to avoid the injustice, intolerance, and other evils which have accompanied the establishment of State religions in the Old World. § 616. This article also prohibits Congress from making any law abridging the freedom of speech or of the press. The liberty of speech and of the press has always been considered to be the right of a free people. In many countries, however, it is narrowly restricted. Some governments prohibit the printing of books on particular subjects, unless they have been previously examined and approved by an officer of the government. Others require an author to obtain a license before he can publish. Similar restraints have been applied also to newspapers and periodicals, which are even now in some countries subjected to a censorship and to other restrictions. § 617. Although, by the Constitution, a man may freely speak, write, and publish his sentiments on all subjects, yet that liberty may be abused, in which case the law holds the wrong-doer responsible for such abuse. One man has no right to speak or publish false, scandalous, and malicious matter concerning another; such things constitute slanders or libels, and are punishable by law. The liberty of speech or of the press does not justify a publication of what is mischievous, immoral, or illegal. That is licentiousness, not liberty. § 618. By our law no man can be restrained from publishing whatever he pleases, because he is not under any obligation to submit his works to the examination of any person previous to publication, and, until publication, no one can know what the work contains. But the author and publisher are both held answerable civilly for damages done to individuals, and criminally for the public offence, if is committed by such publication, in whatever it may consist, whether in its tendency to lead to a breach of the peace or to corrupt the public morals. any § 619. The last clause of this article declares that Congress shall make no law abridging the right of the people peaceably to assemble and to petition the government for a redress of grievances. § 620. The people have a natural right to petition their rulers for a redress of grievances, and it is the object of this clause to protect the right from violation by Congress. It must, however, be exercised peaceably, lest, under pretence of assembling to discuss political subjects or to petition the government, riotous, tumultuous, and disorderly proceedings take place. § 621. Petitions and memorials may be addressed to the Senate or House of Representatives by any person, or any number of persons, and are presented by the presiding officer, or by a member, who makes verbally a brief state |