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warrants shall issue, but upon probable canse, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
ARTICLE 5. No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand 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; nor shall any person be subject for the same offense 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.
ARTICLE 6. 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 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 defense.
ARTICLE 7. 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 8. Excessive bail shall not be required, por excessive fines imposed, nor cruel and unusual punishments inflicted.
ARTICLE 9. The enumeration in the Constitntion, of certain rights, shall not be construed to deny or disparage others retained by the people.
ARTICLE 10. 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 11. 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 12. The Electors sball 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 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 sball, in presence of the Senate and House of Representatives, open all the certificates and the votes shall then be counted ;
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 fol. lowing, 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 numbers on the list, the Senate shall choose the Vice-President; & 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 Vice-President of the United States.
The first ten of the preceding amendments were proposed at the first session of the first Congress of the United States, 25th September, 1789, and were finally ratified by the constitutional number of States, on the 15th day of December, 1791.
The eleventh amendment 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, according to a public notice thereof by the Secretary of State, dated 25th September, of the same year.
THE STATE CONVENTIONS.
THE following chapter contains all the debates on the subject of slavery, in the Conventions of the several States to ratify the Constitution, that have been preserved. Of the Conventions of Vermont, Delaware, Maryland, and Georgia, none were reported, or, if reported, have never been published. In Pennsylvania, the only speeches preserved are those of James Wilson, a member of the Federal Convention, and Thomas McKean. The only allusion in these speeches to the question of slavery was by Mr. Wilson, expressing his gratification that, after twenty years, Congress would have power to prohibit the slave trade, and that thus slavery would finally die out of itself. No debates were preserved of the New Hampshire Convention, save a mere fragment of a speech by Joshua Atherton, reprobating the slave trade. It does not appear, however, whether he opposed the Constitution on that ground, or supported it because it provided a way for its final extinction. We therefore do not copy it.
In some States the debates are voluminous, and yet very little, comparatively, on the subject of slavery. We have aimed to give all that was said, pro and con, leaving the reader to form his own opinions.
EXTRAOTS FROM THE DEBATES IN THE CONVEN
TION OF MASSACHUSETTS. February 4, 1788. Rev. Mr. Backus said-Mr. Presi4
. dent, I have said very little in this honorable Convention ; bat I now beg leave to offer a few thoughts upon some points in the Constitution proposed to us, and I shall begin with the exclusion of the religious test. Many appear to be much concerned about it; but nothing is more evident, both in reason and the Holy Scriptures, than that religion is ever a matter between God and individuals; and therefore no man or men can impose any religious test, without invading the essential prerogatives of our Lord Jesus Christ. Ministers first assumed this power under the Christian name; and then Constantine approved of the practice, when he adopted the profession of Christianity, as an engine of State policy. And let the history of all nations be searched from that day to this, and it will appear that the imposing of religious tests hath been the greatest engine of tyranny in the world. And I rejoice to see so many gentlemen who are now giving in their rights of conscience in this great and important matter. Some serious minds discover a concern lest, if all religious tests should be excluded, the Congress would hereafter establish Popery, or some other tyrannical way of worship. But it is most certain that no such way of worship can be established without any religious test.
Much, sir, hath been said about the importation of slaves into this country.
I believe that, according to my capacity, no man abhors that wicked practice more than I do; I would gladly make use of all lawful means toward the abolition of slavery in all parts of the land.
But let us consider where we are and what we are doing. In the Articles of Confederation, no provision was made to hinder the importation of slaves into any of these States; but a door is now open hereafter to do it, and each State is at liberty now to abolish slavery as soon as they please. And let us remember our former connection with Great Britain, from whom many in our own land think we ought not to have revolted. How did they carry on the slave