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AMENDMENTS*

TO THE CONSTITUTION OF THE UNITED STATES, RATIFIED ACCORDING TO THE PROVISIONS OF THE FIFTH ARTICLE OF THE FOREGOING CONSTITUTION.

ARTICLE THE FIRST. Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.

ARTICLE THE SECOND. A well-regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed.

ARTICLE THE THIRD. No soldier shall, in time of peace be quartered in any house, without the consent of the owner, nor in a time of war, but in a manner to be prescribed by law.

ARTICLE THE FOURTH. 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.

ARTICLE THE FIFTH. 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 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.

ARTICLE THE SIXTH. 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 THE SEVENTH. 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.t

ARTICLE THE EIGHTH. Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

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Congress, at its first session, begun and held in the city of New York, on Wednesday, the 4th of March, 1789, proposed to the legislatures of the several states twelve amendments to the constitution, ten of which, only, were adopted.

The act of assembly of Maryland, of 1793, chap. 30, incorporating the bank of Columbia, and giving to the corporation a summary process by execution in the nature of an attachment against its debtors who have, by an express consent in writing, made the bonds, bills, or notes, by them drawn or endorsed, negotiable at the bank, is not repugnant to the constitution of the United States or of Maryland.-Bank of Columbia vs. Okely, 4 Wheaton, 236, 249.

But the last provision in the act of incorporation, which gives this summary process to the bank, is no part of its corporate franchise, and may be repealed or altered at pleasure by the legislative will.-Id., 245.

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

ARTICLE THE TENTH. 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 THE ELEVENTH. 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 THE TWELFTH. 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 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

The powers granted to Congress are not exclusive of similar powers existing in the states, unless where the constitution has expressly in terms given an exclusive power to Congress, or the exercise of a like power is prohibited to the states, or there is a direct re pugnancy or incompatibility in the exercise of it by the states.-Houston vs. Moore, 5 Whea ton, 1, 12.

The example of the first class is to be found in the exclusive legislation delegated to Congress over places purchased by the consent of the legislature of the state in which the same shall be for forts, arsenals, dockyards, &c. Of the second class, the prohibition of a state to coin money or emit bills of credit. Of the third class, the power to establish a uniform rule of naturalization, and the delegation of admiralty and maritime jurisdiction.-Id., 49. In all other classes of cases, the states retain concurrent authority with Congress.-Id. 49. But in cases of concurrent authority, where the laws of the states and the Union are in direct and manifest collision on the same subject, those of the Union being the supreme law of the land are of paramount authority, and the state laws so far, and so far only as such incompatibility exists, must necessarily yield.-Id., 49.

There is nothing in the constitution of the United States similar to the articles of confed. eration, which excludes incidental or implied powers.—McCulloch vs. State of Maryland, 4 Wheaton, 406.

If the end be legitimate, and within the scope of the constitution, all the means which are appropriate, which are plainly adapted to that end, and which are not prohibited, may constitutionally be employed to carry it into effect.-Id., 421.

The act of Congress of 4th May, 1812, entitled, "An act further to amend the charter of the city of Washington," which provides (sect. 6) that the corporation of the city shall be empowered for certain purposes and under certain restrictions, to authorize the drawing of lotteries, does not extend to authorize the corporation to force the sale of the tickets in such lottery in states where such sale may be prohibited by the state laws.-Cohens vs. Virginia, 6 Wheaton, 264, 375.

†This amendment was proposed at the first session of the third Congress. See ante art. iii., sect. 2, clause 1.

Proposed at the first session of the eighth Congress. See ante art. ii., sect. 1, clause 3 Annulled by this amendment.

§ See laws of the United States, vol. ii., chap. 109, sect. 5.

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 vicepresident, 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 vicepresident; 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.

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.

I have examined and compared the foregoing print of the constitution of the United States, and the amendments thereto, with the rolls in this office, and find it a faithful and literal copy of the said constitution and amendments, in the text and punctuation thereof. It ap pears that the first ten amendments, which were proposed at the first session of the first Congress of the United States, were finally ratified by the constitutional number of states, on the 15th day of December, 1791; that the eleventh amendment, which was proposed at the first session of the third Congress, was declared, in a message from the president of the United States to both houses of Congress, dated Sth January, 1798, to have been adopted by three fourths, the constitutional number of states; and that the twelfth amendment, which was proposed at the first session of the eighth Congress, was adopted by three fourths, the constitutional number of states, in the year one thousand eight hundred and four, according to a public notice thereof, by the secretary of state, under date the 25th of September, of the same year.

Department of State, Washington, 25th Feb., 1828.

DANIEL BRENT, Chief Clerk.

For history of the formation of the constitution, the declaration of independence, and the articles of confederation, see vol. ii., end of the messages.

BIOGRAPHICAL SKETCH

OF

GEORGE WASHINGTON.

THE family of Washington, in Virginia, is descended from English ancestors, who were anciently established at Turtfield and Warton, in Lancashire, from a branch of whom came Sir William Washington, of Leices tershire, eldest son and heir of Lawrence Washington, Esq., of Sulgrave, in Northamptonshire. Sir William had, besides other younger brothers, two, named John and Lawrence, who emigrated to Virginia in 1657, and settled at Bridge's creek, on the Potomac river, in the county of Westmoreland. John, the father of Lawrence Washington, died in 1697, leaving two sons, John and Augustine. Augustine died in 1743, at the age of forty-nine, leaving several sons by his two marriages. George, the president, was the eldest by his second wife, Mary Ball, and was born at Bridge's creek, on the 22d of February (or 11th, old style), 1732.

Having lost his father at the age of ten years, George Washington received what was called an English education, a term which excludes the acquisition of other languages than our own. His disposition for a military life disclosed itself at an early age, being only fifteen when he expressed a desire to enter the British navy, and the place of a midshipman was obtained for him. The interference of an affectionate mother suspended for a time the commencement of his military course.

As his patrimonial estate was by no means considerable, his youth was employed in youthful industry, and in the practice of his profession as a surveyor he had an opportunity of acquiring information respecting vacant lands, and of forming those opinions concerning their future value, which afterward greatly contributed to increase his private fortune.

When about nineteen years of age, such was the opinion entertained of his capacity, that, at a time when the militia were to be trained for actual service, he was appointed one of the adjutants-general of Virginia, with the rank of major, the duties of which office, however, he performed but for a short time.

The plan formed by France for connecting her extensive dominions in America by uniting Canada with Louisiana, now began to develop itself. Possession was taken by the French of a tract of country then deemed to be within the province of Virginia, and a line of posts was commenced from Canada to the Ohio river. The attention of Lieutenant-Governor Dinwiddie, of Virginia, was attracted by these movements, and he deemed it his duty to send a messenger to the French officers and demand, in the name of the king of Great Britain, that they should desist from the prosecution of designs which violated, as he thought, the treaties between the two crowns. Washington, at his own desire, was selected for this hazardous enterprise, and he engaged in it with alacrity, commencing his journey the day on which he was commissioned, in October, 1753. His course was through a dreary wilderness, inhabited for the most part only by Indians, many of whom were hostile to the English. Conducted by guides over the Allegany mountains, he suffered many hardships, and experienced many narrow escapes, but succeeded in reaching the French forts on the Allegany branches of the Ohio. After delivering the lieutenant-governor's letter to St. Pierre, the French commanding officer, and receiving an answer, he returned, with infinite fatigue and much danger, from the hostile Indians, to Williamsburg. The manner in which he performed his duty on this occasion raised him much in public opinion, as well as in that of the lieutenant-governor. His journal, which extended to sixty days, was published by authority, and laid the foundation of Washington's fame, as it gave strong evidence of his sagacity, fortitude, and sound judgment.

As the French commandant on the Ohio showed no disposition, in his answer sent by Washington, to withdraw his forces from that country, the assembly of Virginia determined to authorize the governor and council to raise a regiment of three hundred men, to be sent to the frontier, for the purpose of maintaining the rights of Great Britain to the territory invaded by the French. The command of this regiment was given to Colonel Fry. Major Washington was appointed lieutenant-colonel, and obtained permission to march with two companies in advance of the other troops to the Great Meadows. In a dark rainy night, May 28, 1754, Colonel Washington surrounded and surprised a detachment of the French troops, a few miles west of the Great Meadows. The Americans fired about daybreak upon the French, who immediately surrendered. One man only escaped, and the commanding officer of the party, M. de Jumonville, and ten of his men were killed. Being soon after joined by the residue of the regiment, also by two companies of regulars, and Colonel Fry having died, the command devolved on Colonel Washington. This body of men, numbering less than four hundred, were, in the following month of July, attacked by about 1,500 French and Indians, at Fort Necessity, situated at the Great Meadows, and, after a contest which lasted a whole day, the French offered

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