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 favor, 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 re-examined 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 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.

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 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 list they shall sign and certify and transmit sealed to the seat of 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 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 nu mbers 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 vicepresident of the United States.

APPENDIX XI.

THE FRENCH CONSTITUTION, ADOPTED AND PROCLAIMED ON THE TWENTY-FOURTH OF JUNE, 1793.

THE FIRST REPUBLICAN CONSTITUTION.

HAD the space permitted it, I would have given all the French constitutions, from the first in the first revolution, to that now called the constitution of the empire. As it is, I must restrict myself to the following selection.

I have copied the translation of the first republican constitution of France from a work by Mr. Bernard Roelker, of the New York bar, The Constitutions of France, monarchical and Republican, together with Brief Historical Remarks, relating to their Origin, and the late Orleans Dynasty, Boston, Mass. 1848.

DECLARATIONS OF THE RIGHTS OF MAN AND OF CITIZENS.

The French people, convinced that oblivion and contempt of the natural rights of man are the only causes of calamities in the world, has resolved to explain these sacred and inalienable rights in a solemn declaration, that all citizens, by comparing always the acts of the government with the whole social union, may never suffer themselves to be oppressed and dishonored by tyranny; that the people may always have before its eyes the fundamental pillars of its liberty and welfare, and the authorities the standard of their duties, and the legislator the object of his problem.

It accordingly makes, in the presence of the Highest Being, the following declaration of the rights of man and of the citizens.

1. The object of society is the general welfare. Government is instituted, to insure to man the free use of his natural and inalienable rights.

2. These rights are equality, liberty, security, property.

3. All men are equal by nature and before the law.

4. Law is the free and solemn proclamation of the general will; it is the same for all, be it protective or penal; it can command only what is just and beneficial to society, and prohibit only what is injurious to the same.

5. All citizens are equally admissible to all public offices. Free nations are in their elections guided by no other considerations than virtues and talents.

6. Freedom is the power, by which man can do what does not interfere with the rghts of another; its basis is nature, its standard is justice; its protection is law; its moral boundary is the maxim: Do not unto others what you do not wish they should do unto you.

7. The right of communicating thoughts and opinions, either through the press, or in any other manner; the right of assembling peaceably; the free exercise of religion, cannot be prohibited.

The necessity publicly to claim these rights, presupposes the actual existence of despotism, or the fresh recollection of the

same.

8. Security rests on the protection given by society to each of its members, for the preservation of his person, his rights and his property.

9. Law must protect the general and the individual liberty against the oppression of those who govern.

10. No one can be accused, arrested, or kept in close custody, except in the cases specified by law, and according to the prescribed forms; every citizen who, by virtue of the law, is summoned before court or arrested, must immediately obey; every refusal shows him to be guilty.

11. Every order against a person, in cases and forms not specified by law, is arbitrary and tyrannical; the person against whom such an order should be executed by force, has the right to resist it by force.

12. Those who cause, aid in, sign, execute or cause to be executed, such arbitrary acts, are culpable, and must be punished.

13. Since every man is deemed to be innocent, until he be proved guilty, if his condemnation will necessarily lead to arrest, every severity, not required for the forthcoming of his person, is strictly prohibited.

14. Only he who has been first heard or legally summoned, can be condemned and punished, and this only by a law promulgated before the commission of the crime. A law which would punish transgressions, committed before its publication, would be tyranny; and it would be a crime to give retrospective force to law.

15. Law shall order punishments only which are unavoidably necessary; the punishments shall be suitable to the crime, and beneficial to society.

16. The right of property is that by which every citizen can enjoy his goods and his income, the fruits of his labor and industry, and dispose of them at pleasure.

17. No kind of occupation, employment and trade can be prohibited to citizens.

18. Every one may dispose of his services and time at pleasure; but he can neither sell himself nor be sold. His person is inalienable property. The law does not recognize a state of servitude; an agreement only for services rendered and a compensation for them, can exist between him who labors and him who employs him.

19. Without his consent, no one can be deprived of the least part of his property, unless it be required by a general and legally specified necessity, and then only on condition of a just and previously fixed indemnity.

20. No tax can be laid except for the common welfare. All citizens have the right to have a voice in the laying of taxes, to watch over the application of them, and to have an account rendered thereof.

21. The public support of the poor is a sacred obligation. Society takes upon itself the support of needy citizens, either by giving work to them, or by giving subsistence to those who are unable to work

22. Instruction is a want for all. Society shall further with all its power the progress of the public welfare, and regulate instruction according to the wants of all citizens.

23. Social guarantee rests on the activity of all to secure to each one the enjoyment and the preservation of his rights. This guarantee rests on the sovereignty of the people.