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.

ART. 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 defense.

ART. 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 reëxamined in any court of the United States, than according to the rules of the common law.

ART. VIII. Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

ART. IX. The enumeration in the constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

ART. 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.

ART. 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.

ART. 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 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 shall, in the presence of the senate and house of representatives, open all the certificates, and the votes shali 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 representatives 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 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. But no person constitutionally ineligible to the office of president shall be eligible to that of vice-president of the United States.

POLITICAL PARTIES:

THEIR PRINCIPLES AND MEASURES; WITH PRACTICAL OBSERVATIONS.

FROM THE REVOLUTION TO MONROE'S ADMINISTRATION, INCLUSIVE.

THE earliest parties in this country were the Whigs and Tories of the Revolution. These names had their origin in England about two hundred years ago. Those who supported the king in his high claims to power were called tories; and those who contended for the rights of the people were called whigs. These names were applied, during the revolution, to the friends and opponents of the independence of the states. Those who supported the principles of the revolution were called whigs, and those who opposed them were called tories and royalists.

The first parties under the present government had their origin in the convention which framed the constitution. The difference of opinion which prevailed in that convention has been stated in those chapters of this work which treat of the Government of the United States. Some of the members of that body, it will be recollected, were in favor of continuing the government of the confederation, in which the states were equal. They were opposed to the surrender, by the states, of so large a portion of their sovereignty to the general government, which, they feared, would encroach upon the rights of the states. From their attachment to the plan of the confederation they were called federalists; and the friends of the new plan were called anti-federalists. But the names of these parties were soon reversed. Whilst the constitution was before the people for consideration, one of the principal reasons urged by its friends in favor of its ratification by the states, was, that the old plan was inadequate to the preservation of the union; that the confederation of the states, or federal union, could be preserved only by adopting the constitution; and its friends assumed the name of federalists, and their opponents were called anti-federalists.

Among the federalists of that time whose names are most familiar to the American people, were Gen. Washington, John Adams, James Madison, Alexander Hamilton, John Jay, John Marshall, and others. The writings of Madison, Hamilton, and Jay, aided much in determining the votes of several of the states in favor of the constitution. They were published in successive numbers; and though written by three different individuals, all the articles were signed "Publius." They are regarded as a masterly exposition and defense of the constitution. They were afterwards published in a volume, entitled "The Federalist," which continues to be a standard constitutional text-book for American Statesmen.

Notwithstanding the division of sentiment here noticed, Gen. Washington was unanimously chosen president by the electors; and notwithstanding the leading measures of his administration were opposed from its commencement, there seems to have been for several years no organized opposition party. To Washington personally there was never any open opposition to any considerable extent; his second election, like the first, being unanimous.

The earliest measures of his administration which received any opposition, were his financial measures. One of these was the funding of the public debt. That part of the scheme which was deemed most objectionable was the proposition that the general government should assume the debts of the states contracted during the war. Another measure was the incorporation of a national bank, in 1791. Upon this question his cabinet, then consisting of four officers, was equally divided; and the president himself appears to have had doubts as to its constitutionality; but upon mature deliberation he signed the act of incorporation.

Washington's foreign policy also encountered much opposition. France was in the midst of a revolution. In the war of Europe, then existing, Great Britian and France were the principal belligerents. France had, by her aid in the cause of our revolution, justly gained the sympathies of the people of this country; and many were in favor of our taking part with her against Great Britain. The president, though friendly to France, deemed it inexpedient to involve this country in that war, and determined to maintain a strict neutrality. The stand thus taken upon this question sub

jected his administration to the charge of being partial to Great Britain. This partiality was also inferred from our treaties with the British government. This French and English feeling continued an element in the division of parties during a period of nearly twenty-five years.

The opponents of the federalists at length took the name of the republican party, and, at the expiration of the presidential term of John Adams, obtained the control of the government, having elected their leader, Thomas Jefferson, president over Mr. Adams, who was a candidate for reëlection. These parties continued under the distinctive names of federal and republican, until the disbandment of the federal party, which took place soon after the close of the second war with Great Britain.

One of the causes of the unpopularity and decline of the federal party, was the passage of two acts during Mr. Adams' administration, called the alien and sedition laws. The alien law, entitled, "An act concerning aliens," authorized the president to order out of the country any alien suspected of any treasonable purpose, or deemed dangerous to the peace and safety of the country, unless satisfactory proof should be given that no injury or danger should arise from his residing here. The other law was entitled, "An act in addition to 'An act for the punishment of certain crimes against the United States;"" but it is universally spoken of as "the sedition law." This law provided for punishing persons for conspiring to oppose any measure of the gov ernment, or for hindering any public officer in discharging his duties; and also for punishing any person for slandering or libeling the government, congress, or the president. Although these acts were well-intended, and approved by many wise and good men, among whom were Washington and Patrick Henry, as being necessary to check the influence of numerous meddlesome foreigners then in the country, who were active in exciting opposition to the administration, and were combined in organized associations which were considered dangerous to the peace of the United States, they were nevertheless disapproved by a majority of the people, who regarded them as infringements upon popular rights, especially upon the freedom of speech and of the

press.

These laws gave rise to the famed Virginia and Kentucky