Tenth. That no standing army shall be kept up in time of peace, unless with the consent of three-fourths of the members of each branch of Congress, nor shall soldiers in time of peace be quartered upon private houses, without the consent of the owners. Eleventh. Congress shall make no laws touching religion, or to infringe the rights of co science. Twelfth. Congress shall never disarm any citizen, unless such as are or have been in actual rebellion. And the convention do, in the name and in behalf of the people of this state, enjoar upon their representatives in Congress, at all times, until the alterations and provisions afore said have been considered, agreeably to the fifth article of the said constitution, to exert al their influence, and use all reasonable and legal methods to obtain a ratification of the sa alterations and provisions, in such manner as is provided in the said article. And that the United States in Congress assembled, may have due notice of the assent and ratification of the said constitution by this convention, it is Resolved, That the assent and fication aforesaid be engrossed on parchment, together with the recommendation and a junction aforesaid, and with this resolution, and that John Sullivan, esq. president of the ce vention, and John Langdon, esq. president of the state, transmit the same, countersigned by the secretary of convention, and the secretary of the state, under their hands and seals to the United States in Congress assembled. JOHN SULLIVAN, Pres. of the Convention. By Order, JOHN CALF, Sec'ry of Convention. VIRGINIA, to wit. (LS) (L3) We, the delegates of the people of Virginia, duly elected in pursuance of a recommenda tion from the general assembly, and now met in convention, having fully and freely invest gated and discussed the proceedings of the federal convention, and being prepared as wea the most mature deliberation hath enabled us to decide thereon, do, in the name and in half of the people of Virginia, declare and make known, that the powers granted under the constitution, being derived from the people of the United States, may be resumed by the whensoever the same shall be perverted to their injury or oppression, and that every powe not granted thereby, remains with them, and at their will: That, therefore, no right of an denomination, can be cancelled, abridged, restrained, or modified, by the Congress, by Senate, or House of Representatives, acting in any capacity, by the president, or any depa ment, or officer of the United States, except in those instances in which power is given the constitution for those purposes: And that among other essential rights, the bea conscience, and of the press, cannot be cancelled, abridged, restrained, or modified, by authority of the United States. With these impressions, with a solemn appeal to the searcher of hearts, for the purity of our intentions, and under the conviction that whatsoever impe fections may exist in the constitution, ought rather to be examined in the mode prescribed therein, than to bring the union into danger, by a delay, with a hope of obtaining amer tes previous to the ratification, we, the said delegates, in the name and in behalf of the people Virginia, do, by these presents, assent to and ratify the constitution recommended on the day of September, 1787, by the federal convention, for the government of the United St hereby announcing to all those whom it may concern, that the said constitution is be upon the said people, according to an authentic copy hereto annexed, in the words fou ing: [See constitution.] Done in convention, this 26th day of June, 1788. By order of the convention, EDM. PENDLETON, President. (L. S.) VIRGINIA, to wit. Subsequent amendments agreed to in convention, as necessary to the proposed cons tion of government for the United States, recommended to the consideration of the gress which shall first assemble under the said constitution, to be acted upon according the mode prescribed in the fifth article thereof, videlicet: That there be a declaration or bill of rights, asserting and securing from encroachment, essential and unalienable rights of the people, in some such manner as the following: First. That there are certain natural rights, of which men, when they form a social pact, cannot deprive or divest their posterity, among which are the enjoyment of life a berty, with the means of acquiring, possessing, and protecting property, and pursuing obtaining happiness and safety. Second. That all power is naturally vested in, and cres quently derived from the people; that magistrates, therefore, are their trustees and and at all times amenable to them. Third. That government ought to be instituted for 3 common benefit, protection and security of the people; and that the doctrine of non-resistan against arbitrary power and oppression, is absurd, slavish, and destructive of the good happiness of mankind. Fourth. That no man or set of men are entitled to exclusive rate public emoluments or privileges from the community, but in consideration of public ** vices, which not being descendible, neither ought the offices of magistrate, legislater, Judge, or any other public office, to be hereditary. Fifth. That the legislative, executive judiciary powers of government should be separate and distinct, and that the members of the two first may be restrained from oppression by feeling and participating the public burthens, they should, at fixed periods, be reduced to a private station, return into the mass of the people, and the vacancies be supplied by certain and regular elections; in which all or any part of the former members to be eligible, or ineligible, as the rules of the constitution of government, and the laws shall direct. Sixth. That elections of representatives in the legislature ought to be free and frequent, and all men having sufficient evidence of permanent common interest, with an attachment to the community, ought to have the right of suffrage: and no aid, charge, tax or fee can be set, rated or levied upon the people without their own consent, or that of their representatives so elected, nor can they be bound by any law to which they have not in like manner assented for the public good. Seventh. That all power of suspending laws, or the execution of laws, by any authority, without the consent of the representatives of the people in the legislature, is injurious to their rights, and ought not to be exercised. Eighth. That in all capital and criminal prosecutions, a man hath a right to demand the cause and nature of his accusation, to be confronted with the accusers and witnesses, to call for evidence, and be allowed counsel in his favor, and to a fair and speedy trial by an impartial jury of his vicinage, without whose unanimous consent he cannot be found guilty, (except in the government of the land and naval forces :) nor can he be compelled to give evidence against himself. Ninth. That no freeman ought to be taken, imprisoned, or disseized of his freehold, liberties, privileges, or franchises, or outlawed, or exiled, or in any manner destroyed or deprived of his life, liberty or property, but by the law of the land. Tenth. That every freeman restrained of his liberty, is entitled to a remedy, to enquire into the lawfulness thereof, and to remove the same, if unlawful, and that such remedy ought not to be denied nor delayed. Eleventh. That in controversies respecting property, and in suits between man and man, the ancient trial by jury is one of the greatest securities to the rights of the people, and ought to remain sacred and inviolable. Twelfth. That every freeman ought to find a certain remedy by recourse to the laws for all injuries and wrongs he may receive in his person, property or character. He ought to obtain right and justice freely without sale, completely and without denial, promptly and without delay, and that all establishments or regulations contravening these rights, are oppressive and unjust. Thirteenth. That excessive bail ought not to be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. Fourteenth. That every freeman has a right to be secure from all unreasonable searches and seizures of his person, his papers and his property; "all warrants, therefore, to search suspected places, or seize any freeman, his papers or property," without information upon oath (or affirmation of a person religiously scrupulous of taking an oath) of legal and sufficient cause, are grievous and oppressive; and all general warrants to search suspected places, or to apprehend any suspected person, without specially naming or describing the place or person, are dangerous and ought not to be granted. Fifteenth. That the people have a right peaceably to assemble together to consult for the common good, or to instruct their representatives; and that every freeman has a right to petition or apply to the legislature for redress of grievances. Sixteenth. That the people have a right to freedom of speech, and of writing and publishing their sentiments; that the freedom of the press is one of the greatest bulwarks of liberty, and ought not to be violated. Seventeenth. That the people have a right to keep and bear arms; that a well regulated militia, composed of the body of the people, trained to arms, is the proper, natural and safe defence of a free state. That standing armies in time of peace are dangerous to liberty, and therefore ought to be avoided, as far as the circumstances and protection of the community will admit; and that in all cases the military should be under strict subordination to, and governed by the civil power. Eighteenth. That no soldier in time of peace ought to be quartered in any house without the consent of the owner, and in time of war in such manner only as the laws direct. Nineteenth. That any person religiously scrupulous of bearing arms, ought to be exempted, upon payment of an equivalent to employ another to bear arms in his stead. Twentieth. That religion, or the duty which we owe to our Creator, and the manner of discharging it, can be directed only by reason and conviction, not by force or violence, and therefore all men have an equal, natural, and unalienable right to the free exercise of religion, according to the dictates of conscience, and that no particular religious sect or society ought to be favored or established by law in preference to others. AMENDMENTS TO THE BODY OF THE CONSTITUTION. First. That each state in the union shall respectively retain every power, jurisdiction and right, which is not by this constitution delegated to the Congress of the United States, or to the departments of the federal government. Second. That there shall be one representative for every 30,060, according to the enumeration or census mentioned in the constitution, until the whole number of representatives amounts to 200; after which that number shall be continued or increased as the Congress shall direct, upon the principles fixed by the constitution, by apportioning the representatives of each state to some greater number of people, from time to time, as population increases. Third. When Congress shall lay direct taxes or excises, they shall, iminediately, inform the executive power of each state, of the quota of such state, according to the census herein directed, which is proposed to be thereby raised; and if the legislature of any state shall pass a law which shall be effectual for raising such quota at the time required by Congress, the taxes and excises laid by Congress shall not be collect ed in such state. Fourth. That the members of the Senate and House of Representatives shall be ineligible to, and incapable of holding any civil office under the authority of the United States, during the time for which they shall respectively be elected. Fifth. That the journals of the proceedings of the Senate and House of Representatives shall be published at least once in every year, except such parts thereof, relating to treaties, alliances, or military operations, as, in their judgment, require secresy. Sixth. That a regular statement and account of the receipts and expenditures of all public money shall be published at least once in every year. Seventh. That no commercial treaty shall be ratified without the concurrence of two-thirds of the whole number of the members of the Senate; and no treaty, ceding, contracting, restraining or suspending the territorial rights or claims of the United States, or any of them, or their, or any of their rights or claims to fishing in the American seas, or navigating the Ameri can rivers, shall be but in cases of the most urgent and extreme necessity, nor shall any such treaty be ratified without the concurrence of three-fourths of the whole number of the members of both house respectively. Eighth. That no navigation law, or law regulating commerce, shall be passed without the consent of two-thirds of the members present, in both houses. Ninth. That no standing army or regular troops shall be raised or kept up in time of peace, without the consent of two-thirds of the members present, in both houses. Tenth. That no soldier shall be inlisted for any longer term that four years, except in time of war, and then for no longer term than the continuance of the war. Eleventh. That each state, respectively, shall have the power to provide for organizing, arming and disciplining its own militia, whensoever Congress shall omit or neglect to provide for the same. That the militia shall not be subject to martial law, except when in actual service, in time of war, invasion, or rebellion; and, when not in the actual service of the United States, shall be subject only to such fines, penalties and punishments as shall be directed or inflicted by the laws of its own state. Twelfth. That the exclusive power of legislation given to Congress over the federal town, and its adjacent district, and other places, purchased or to be purchased by Congress, of any of the states, shall extend only to such regulations as respect the police and good government thereof. Thirteenth That no person shall be capable of being president of the United States for more than eight years in any term of sixteen years. Fourteenth. That the judicial power of the United States shall be vested in one supreme court, and in such courts of admiralty as Congress may, from time to time, ordain and establish in any of the different states: The judicis power shall extend to all cases in law and equity, arising under treaties made, or which shall be made under the authority of the United States; to all cases affecting ambassadors, other foreign ministers and consuls; to all cases of admiralty and maritime jurisdiction; to controversies to which the United States shall be a party; to controversies between two of more states; and between parties claiming lands under the grants of different states. In all cases affecting ambassadors, other foreign ministers and consuls, and those in which a state shall be a party, the supreme court shall have original jurisdiction; in all other cases beforementioned, the supreme court shall have appellate jurisdiction as to matters of law only; except in cases of equity, and of admiralty and maritime jurisdiction, in which the supreme court shall have appellate jurisdiction, both as to law and fact, with such exceptions, and under such regulations as the Congress shall make. But the judicial power of the United States shall extend to no case where the cause of action shall have originated before the ratification of this constitution; except in disputes between states about their territory, disputes between persons claiming lands under the grants of different states, and suits for debts due to the United States. Fifteenth. That in criminal prosecutions no man shall be restrained in the exercise of the usual and accustomed right of challenging or excepting to the jury Sixteenth. That Congress shall not alter, modify, or interfere in the times, places, or manner of holding elections for senators and representatives, or either of them, except when the legisla ture of any state shall neglect, refuse, or be disabled by invasion or rebellion, to prescribe the same. Seventeenth. That those clauses which declare that Congress shall not exercise certain powers be not interpreted in any manner whatsoever to extend the powers of Congress. But that they may be construed either as making exceptions to the specified powers where this shall be the case, or otherwise as inserted merely for greater caution. Eighteenth That the laws ascertaining the compensation to senators and representatives for their services, be postponed in their operation, until after the election of representatives immediately suc ceeding the passing thereof; that excepted, which shall first be passed on the subject. Nineteenth. That some tribunal other than the Senate be provided for trying impeachments of senators. Twentieth. That the salary of a judge shall not be increased or diminished during his continuance in office, otherwise than by general regulations of salary which may take place on a revision of the subject at stated periods of not less than seven years, to commence from the time such salaries shall be first ascertained by Congress. And the convention do, in the name and behalf of the people of this commonwealth, enjoin it upon their represen tatives in Congress, to exert all their influence, and use all reasonable and legal methods to obtain a ratification of the foregoing alterations and provisions, in the manner provided by the fifth article of the said constitution; and in all Congressional laws to be passed in the mean time, to conform to the spirit of those amendments as far as the said constitution will admit. Done in convention, this 27th day of June, in the year of our Lord 1788. EDM. PENDLETON, President. (L. S.) By order of the convention, STATE OF NEW-YORK. We, the delegates of the people of the state of New-York, duly elected and met in convention, having maturely considered the constitution for the United States of America, agreed to on the 17th day of September, in the year 1787, by the convention then assembled at Phi ladelphia, in the commonwealth of Pennsylvania, (a copy whereof precedes these presents) and having also seriously and deliberately considered the present situation of the United States, do declare and make known, That all power is originally vested in and consequently derived from the people, and that government is instituted by them for their common interest, protection and security. That the enjoyment of life, liberty, and the pursuit of happiness, are essential rights which every government ought to respect and preserve. That the powers of government may be re-assumed by the people, whensoever it shall become necessary to their happiness; that every power, jurisdiction and right, which is not by the said constitution clearly delegated to the Congress of the United States, or the departments of the government thereof, remains to the people of the several states, or to their respective state governments, to whom they may have granted the same; and that those clauses in the said constitution, which declare, that Congress shall not have or exercise certain powers, do not imply that Congress is entitled to any powers not given by the said constitution; but such clauses are to be construed either as exceptions to certain specified powers, or as inserted merely for greater caution. That the people have an equal, natural, and unalienable right, freely and peaceably to exercise their religion, according to the dictates of conscience; and that no religious sect or. society ought to be favored or established by law in preference of others. That the people have a right to keep and bear arms; that a well regulated militia, including the body of the people capable of bearing arms, is the proper, natural, and safe defence of a free state. That the militia should not be subject to martial law, except in time of war, rebellion, or insurrection. That standing armies in time of peace are dangerous to liberty, and ought not to be kept up, except in cases of necessity, and that at all times the military should be under strict subordination to the civil power. That in time of peace no soldier ought to be quartered in any house without the consent of the owner; and in time of war, only by the civil magistrate, in such manner as the laws may direct. That no person ought to be taken, imprisoned or disseized of his freehold, or be exiled or deprived of his privileges, franchises, life, liberty or property, but by due process of law. That no person ought to be put twice in jeopardy of life or limb for one and the same of fence, nor, unless in case of impeachment, be punished more than once for the same offence. That every person restrained of his liberty is entitled to an enquiry into the lawfulness of such restraint, and to a removal thereof if unlawful, and that such enquiry and removal ought not to be denied or delayed except when, on account of public danger, the Congress shall suspend the privilege of the writ of habeas corpus. That excessive bail ought not to be required; nor excessive fines imposed; nor cruel or unusual punishments inflicted. That (except in the government of the land and naval forces, and of the militia when in actual service, and in cases of impeachment) a presentment or indictment by a grand jury ought to be observed as a necessary preliminary to the trial of all crimes cognizable by the judiciary of the United States; and such trial should be speedy, public, and by an impartial jury of the country where the crime was committed; and that no person can be found guilty without the unanimous consent of such jury. But in cases of crimes not committed within any county of any of the United States, and in cases of crimes committed within any county in which a general insurrection may prevail, or which may be in the possession of a foreign enemy, the enquiry and trial may be in such county as the Congress shall by law direct; which county in the two cases last mentioned, should be as near as conveniently may be to that county in which the crime may have been committed. And that in all criminal prosecutions, the accused ought to be informed of the cause and nature of his accusation, to be confronted with his accusers and the witnesses against him, to have the means of producing his witnesses, and the assistance of council for his defence, and should not be compelled to give evidence against himself. That the trial by jury in the extent that it obtains by the common law of England, is one of the greatest securities to the rights of a free people, and ought to remain inviolate. That every freeman has a right to be secure from all unreasonable searches and seizures of his person, his papers or his property; and therefore, that all warrants to search suspected places, or seize any freeman, his papers or property, without information upon oath or af firmation of, sufficient cause, are grievous and oppressive; and that all general warrants, (or such in which the place or person suspected are not particularly designated) are dangerous and ought not to be granted. That the people have a right peaceably to assemble together to consult for their common good, or to instruct their representatives, and that every person has a right to petition or ap ply to the legislature for redress of grievances. That the freedom of the press ought not to be violated or restrained. That there should be once in four years, an election of the president and vice-president, so that no officer who may be appointed by the Congress to act as a president, in case of the removal, death, resignation or inability of the president and vice-president, can in any case continue to act beyond determination of the period for which the last president and vicepresident were elected. That nothing contained in the said constitution, is to be construed to prevent the legisla ture of any state from passing laws at its discretion, from time to time, to divide such state into convenient districts, and to apportion its representatives to, and amongst such districts. That the prohibition contained in the said constitution, against ex post facto laws, extends only to laws concerning crimes. That all appeals in causes, determinable according to the course of the common law, ought to be by writ of error, and not otherwise. That the judicial power of the United States, in cases in which a state may be a party, does not extend to criminal prosecutions or to authorize any suit, by any person, against a state. That the judicial power of the United States, as to controversies between citizens of the same state, claiming lands under grants of different states, is not to be construed to extend to any other controversies between them, except those which relate to such lands, so claimed, under grants of different states. That the jurisdiction of the supreme court of the United States, or of any other court to be instituted by the Congress, is not in any case to be increased, enlarged, or extended, by any fiction, collusion or mere suggestion; and that no treaty is to be construed, so to operate, as to alter the constitution of any state. Under these impressions, and declaring that the rights aforesaid cannot be abridged or violated, and that the explanations aforesaid are consistent with the said constitution, and in confidence that the amendments which shall have been proposed to the said constitution, will receive an early and mature consideration: We, the said delegates, in the name and in the behalf of the people of the state of New-York, do, by these presents, assent to and ratify the said constitution. In full confidence, nevertheless, that until a convention shall be called and convened for proposing amendments to the said constitution, the militia of this state will not be continued in service out of this state for a longer term than six weeks, without the consent of the legislature thereof; that the Congress will not make or alter any regulation in this state, respecting the times, places, and manner of holding elections for senators or representatives, unless the legislature of this state shall neglect or refuse to make laws or regulations for the purpose, or from any circumstance be incapable of making the same; and that in those cases such power will only be exercised until the legislature of this state shall make provision in the premises; that no excise shall be imposed on any article of the growth, production or manufacture of the United States, or any of them, within this state, ardent spirits excepted; and that the Congress will not lay direct taxes within this state, but when the monies arising from the impost and excise shall be insufficient for the public exigencies, nor then, until Congress shall first have made a requisition upon this state, to assess, levy and pay the amount of such requisition, made agreeably to the census fixed in the said constitu tion, in such way and manner as the legislature of this state shall judge best; but that in such case, if the state shall neglect or refuse to pay its proportion, pursuant to such requisition, then the Congress may assess and levy this state's proportion, together with interest at the rate of six per centum per annum, from the time at which the same was required to be paid. Done in convention, at Poughkeepsie, in the county of Dutchess, in the state of New-York, the 26th day of July, in the year of our Lord 1788. Attested. JOHN M'KESSON, By order of the convention, GEO. CLINTON, President. AB. B. BANKER, } Secretaries. And the convention do, in the name and behalf of the people of the state of New-York, enjoin it upon their representatives in the Congress, to exert all their influence, and use all reasonable means to obtain a ratification of the following amendments to the said constitution, in the manner prescribed therein; and in all laws to be passed by the Congress, in the mean time, to conform to the spirit of the said amendments, as far as the constitution will admit. That there shall be one representative for every 30,000 inhabitants, according to the enumeration or census mentioned in the constitution, until the whole number of representatives amounts to 200; after which that number shall be continued or increased, but not diminished, as Congress shall direct, and according to such ratio as the Congress shall fix, in conformity to the rule prescribed for the apportionment of representatives and direct taxes. That the Congress do not impose any excise on any article (ardent spirits excepted) of the. wth, production or manufacture of the United States, or any of them. Congress do not lay direct taxes, but when the monies arising from the impost and all be insufficient for the public exigencies, nor then, until Congress shall first have isition upon the states, to assess, levy and pay their respective proportions of such reeably to the census fixed in the said constitution, in such way and manner, |