ARTICLE IV.

rants, &c.

Search war- 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.

against per

ARTICLE V.

Proceedings No person shall be held to answer for a capital, or otherwise insons charged famous crime, unless on a presentment or indictment of a grand with crimes. 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; Their rights, nor shall any person be subject, for the same offence, to be twice put in jeopardy of life or limb; 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.

Further rights.

by jury.

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.

Right of trial 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, &c.

Construction

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 of constitu- be construed to deny or disparage others retained by the people.

tion.

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,

[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 xi.]

ARTICLE XI.

of judicial

The judicial power of the United States shall not be construed Restriction to extend to any suit in law or equity, commenced or prosecuted powers. against one of the United States 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, 1st vol, p. 73, as article xii.]

ARTICLE XII.

of electing the

sident of

States.

1. The electors shall meet in their respective states, and vote by Mode ballot for president and vice-president, one of whom, at least, shall president not be an inhabitant of the same state with themselves; they shall or the name in their ballots the person voted for as president, and in dis- United tinct ballots the person voted for as vice-president, and of the number of votes for each: which lists they shall sign and certify, and transmit scaled 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 a number be a majority of the whole number of electors appointed; and if no person have such a 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 President. 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 as vice-presi- vice-presi dent, shall be the vice-president, if such number be a majority of dent. 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.

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

NOTE.-Another amendment was proposed as article xiii, at the second session of the eleventh Congress; but, not having been ratified by a sufficient number of states, has not yet become valid as a part of the Constitution of the United States. It is erroneously given as a part of the constitution, in page 74, vol. I, Laws of the United States.

TREATY WITH GREAT BRITAIN,

OF LIMITS WESTWARD OF THE ROCKY MOUNTAINS.

Concluded June 15th, 1846.

Preamble.

Ratifications exchanged at

July

1846.

Preamble.

17,

Negotiators.

Proclamation by the President of the United States, August 5th, 1846.

WHEREAS, a treaty between the United States of America and her majesty, the queen of the United Kingdom of Great Britain. and Ireland, was concluded and signed by their plenipotentiaries at Washington, on the fifteenth day of June last, which treaty is word for word as follows:

The United States of America, and her majesty, the queen of London, the United Kingdom of Great Britain and Ireland, deeming it to 'be desirable for the future welfare of both countries, that the state of doubt and uncertainty which has hitherto prevailed respecting the sovereignty and government of the territory on the northwest coast of America, lying westward of the Rocky or Stony Mountains, should be finally terminated by an amicable compromise of the right mutually asserted by the two parties over the said territory, have respectively named plenipotentiaries to treat and agree concerning the terms of such settlement; that is to say: The president of the United States of America has, on his part, furnished with full powers James Buchanan, secretary of state of the United States; and her majesty, the queen of the United Kingdom of Great Britain and Ireland, has, on her part, appointed the right honorable Richard Pakenham, a member of her majesty's most honorable privy council, and her majesty's envoy extraordinary and minister plenipotentiary to the United States; who, after having communicated unto each other their respective full powers, found in good and due form, have agreed upon and concluded the following articles :-

ARTICLE I.

From the point on the forty-ninth parallel of north latitude, where the boundary laid down in existing treaties and conventions

line between

British

pos

mountains.

between the United States and Great Britain terminates, the line Boundary of boundary between the territories of the United States and those the U. S. and of her Britannic majesty, shall be continued westward along the sessions west said forty-ninth parallel of north latitude to the middle of the chan- of Rocky nel which separates the continent from Vancouver's Island, and Navigation thence southerly, through the middle of the said channel, and of of channel Fuca's Straits, to the Pacific ocean: Provided, however, That the Vancouver's navigation of the whole of the said channel and straits, south of the continthe forty-ninth parallel of north latitude, remain free and open to Fuca's both parties.

ARTICLE II.

between

Island and

ent, and of

Straits, to be free.

of Columbia

free and open

From the point at which the forty-ninth parallel of north latitude Navigation shall be found to intersect the great northern branch of the Colum-river to be bia river, the navigation of the said branch shall be free and open to Hudson's to the Hudson's Bay Company, and to all British subjects trading Bay Co., &c. with the same, to the point where the said branch meets the main stream of the Columbia, and thence down the said main stream to the ocean, with free access into and through the said river or rivers, it being understood that all the usual portages along the line thus described shall, in like manner, be free and open. In navigating the said river or rivers, British subjects, with their goods and produce, shall be treated on the same footing as citizens of the United States: it being, however, always understood that nothing in this Not to be article shall be construed as preventing, or intended to prevent, the prevent the government of the United States from making any regulations re-making respecting the navigation of the said river or rivers, not inconsistent gulations for with the present treaty.

ARTICLE III.

construed to

U. S. from

navigation of said river.

rights of the

Bay Co. and

In the future appropriation of the territory south of the forty- Possessory ninth parallel of north latitude, as provided in the first article of Hudson's this treaty, the possessory rights of the Hudson's Bay Company, all British and of all British subjects who may be already in the occupation subjects of land or other property lawfully acquired within the said territory, shall be respected.

ARTICLE IV.

to

be respected.

belonging to

cultural Co.

firmed: but

The farms, lands, and other property of every description be- Farms, &c., longing to the Puget's Sound Agricultural Company, on the north Puget's side of the Columbia river, shall be confirmed to the said com- Sound Agripany. In case, however, the situation of those farms and lands to be conshould be considered by the United States to be of public and po- may, under litical importance, and the United States government should sig- cumstances, nify a desire to obtain possession of the whole, or of any part red to the thereof, the property so required shall be transferred to the said U. s. government, at a proper valuation, to be agreed upon between the parties.

The present treaty shall be ratified by the president of the United Ratification. States, by and with the advice and consent of the Senate thereof,

Recital of the

ratification.

Ratifiers.

Proclamation.

Attestation by the presi dent of the U.S.

and by her Britannic majesty; and the ratifications shall be ex changed at London, at the expiration of six months from the date hereof, or sooner if possible.

In witness whereof, the respective plenipotentiaries have signed the same, and have affixed thereto the seals of their arms.

Done at Washington, the fifteenth day of June, in the year of our Lord one thousand eight hundred and forty-six.

And whereas, The said treaty has been duly ratified on both parts, and the respective ratifications of the same were exchanged at London, on the seventeenth ultimo, by Louis McLane, envoy extraordinary and minister plenipotentiary of the United States, and Viscount Palmerston, her Britannic majesty's principal secretary of state for foreign affairs, on the part of their respective gov ernments,

Now, therefore, be it known that I, JAMES K. POLK, president of the United States of America, have caused the said treaty to be made public, to the end that the same, and every clause and article thereof, may be observed and fulfilled with good faith by the United States and the citizens thereof.

In witness whereof I have hereunto set my hand, and caused the seal of the United States to be affixed.

Done at the city of Washington, this fifth day of August, in the year of our Lord one thousand eight hundred and forty[SEAL.] six, and of the independence of the United States, the seventy-first.

By the President:

JAMES BUCHANAN, Secretary of State.

JAMES K. POLK.