ARTICLES IN ADDITION TO, AND AMENDMENT OF,

THE CONSTITUTION

OF THE

UNITED STATES OF AMERICA,

PROPOSED BY CONGRESS, AND RATIFIED BY THE LEGISLATURES OF THE SEVERAL STATES, PURSUANT TO THE FIFTH ARTICLE OF THE ORIGINAL CONSTITUTION.

ARTICLE I.

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 II.

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 III.

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

ARTICLE IV.

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 V.

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 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 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 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 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.

THE FOLLOWING IS PREFIXED TO THE FIRST TEN* OF THE PRECEDING AMENDMENTS.

CONGRESS OF THE UNITED STATES.

BEGUN AND HELD AT THE CITY OF NEW YORK, ON WEDNESDAY, THE FOURTH OF MARCH, ONE THOUSAND SEVEN HUNDRED AND EIGHTY-NINE.

THE Conventions of a number of the States having, at the time of their adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added; and as extending the ground of public confidence in the Government will best insure the beneficent ends of its institution,

Resolved, by the Senate and House of Representatives of the United States of America, in Congress assembled, two-thirds of both Houses concurring, That the following articles be proposed to the Legislatures of the several States, as amendments to the Constitution of the United States, all, or any of which articles, when ratified by three-fourths of the said Legislatures, to be valid to all intents and purposes, as part of the said Constitution, viz.:

Articles in addition to, and amendment of, the Constitution of the United States of America, proposed by Congress, and ratified by the Legislatures of the several States pursuant to the Fifth Article of the original Constitution.

The first ten amendments of the Constitution were ratified by the States as follows, viz.:

It may be proper here to state that twelve articles of amendment were proposed by the First Congress, of which but ten were ratified by the States, the first and second in order not having been ratified by the requisite number of States.

These two were as follows:

Article First.-After the first enumeration required by the First Article of the Constitution, there shall be one Representative for every thirty thousand, until the number shall amount to one hundred, after which, the proportion shall be so regulated by Congress, that there shall not be less than one hundred Representatives, nor less than one Representative for every forty thousand persons, until the number of Representatives shall amount to two hundred, after which the proportion shall be so regulated by Congress that there shall not be less than two hundred Representatives, nor more than one Representative for every fifty thousand persons.

Article Second.-No law, varying the compensation for the services of the Senators and Representatives, shall take effect until an election of Representatives shall have intervened.

THE FOLLOWING IS PREFIXED TO THE ELEVENTH OF THE PRECEDING AMENDMENTS.

THIRD CONGRESS OF THE UNITED STATES,

AT THE FIRST SESSION, BEGUN AND HELD AT THE CITY OF PHILADELPHIA, IN THE STATE OF PENNSYLVANIA, ON MONDAY, THE SECOND OF DECEMBER, ONE THOUSAND SEVEN HUNDRED AND NINETY-THREE.

Resolved, by the Senate and House of Representatives of the United States of America, in Congress assembled, two-thirds of both Houses concurring, That the following article be proposed to the Legislatures of the several States as an amendment to the Constitution of the United States; which, when ratified by three-fourths of the said Legislatures, shall be valid as part of the said Constitution, viz.:

THE FOLLOWING IS PREFIXED TO THE TWELFTH OF THE PRECEDING AMENDMENTS.

EIGHTH CONGRESS OF THE UNITED STATES,

AT THE FIRST SESSION, BEGUN AND HELD AT THE CITY OF WASHINGTON, IN THE TERRITORY OF COLUMBIA, ON MONDAY, THE SEVENTEENTH OF OCTOBER, ONE THOUSAND EIGHT HUNDRED AND THREE.

Resolved, by the Senate and House of Representatives of the United States of America, in Congress assembled, two-thirds of both Houses concurring, That in lieu of the third paragraph of the first section of the Second Article of the Constitution of the United States, the following be proposed as an amendment to the Constitution of the United States; which, when ratified by three-fourths of the Legislatures of the several States, shall be valid to all intents and purposes, as part of the said Constitution, to wit:

The ten first of the preceding amendments were proposed at the first session of the First Congress of the United States, September 25, 1789, and were finally ratified by the constitutional number of States, December 15, 1791. The eleventh amendment was proposed at the first session of the Third Congress, March 5, 1794, and was declared, in a message from the President of the United States to both houses of Congress, dated January 8, 1798, to have been adopted by the constitutional number of States. The twelfth amendment was proposed at the first session of the Eighth Congress, December 12, 1803, and was adopted by the constitutional number of States in 1804, according to a public notice thereof by the Secretary of State, dated September 25 of the same year.

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ORGANIZATION OF THE EXECUTIVE DEPARTMENTS.

STATE DEPARTMENT.

THIS Department is managed by the Secretary of State, and one Assistant Secretary.

DIPLOMATIC BRANCH.

This branch has charge of all correspondence between the Department and other diplomatic agents of the United States abroad, and those of foreign powers accredited to this Government. In it all diplomatic instructions sent from the Department, and communications to Commissioners under treaties of boundaries, &c., are prepared, copied, and recorded; and all of like character received are registered and filed, their contents being first entered in an analytic table or index.

CONSULAR BRANCH.

This branch has charge of the correspondence, &c., between the Department and the Consuls and Commercial Agents of the United States. In it instructions to those officers, and answers to their despatches and to letters from other persons asking for consular agency, or relating to consular affairs, are prepared and recorded.

THE DISBURSING AGENT.

He has charge of all correspondence and other matters connected with accounts relating to any fund with the disbursement of which the Department is charged.

THE TRANSLATOR.

His duties are to furnish such translations as the Department may require. He also records the commissions of Consuls and Vice-Consuls, when not in English, upon which exequaturs are issued.

CLERK OF APPOINTMENTS AND COMMISSIONS.

He makes out and records commissions, letters of appointment, and nominations to the Senate; makes out and records exequaturs, and records, when in English, the commissions on which they are issued. Has charge of the library.

CLERK OF THE ROLLS AND ARCHIVES.

He takes charge of the rolls, or enrolled acts and resolutions of Congress, as they are received at the Department from the President; prepares the authenticated copies thereof which are called for; prepares for, and superintends their publication, and that of treaties, in the newspapers and in book form; attends to their distribution throughout the United States, and that of all documents and publications in regard to which this duty is assigned to the Department; writing and answering all letters connected therewith. Has charge of all Indian treaties, and business relating thereto.