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methods to obtain a ratification of the foregoing alterations and provisions, in the manner provided by the fifth article of the said constitution; and in all congressional laws to be passed in the mean time, to conform to the spirit of those amendments as far as the said constitution will admit.
Done in convention, this 27th day of June, in the year of our Lord 1788. By order of the convention.
EDM. PENDLETON, President. [L.s.]
STATE OF NEW YORK.
We, the delegates of the people of the state of New York, duly elected and met in convention, having maturely considered the constitution for the United States of America, agreed to on the 17th day of September, in the year 1787, by the convention then assembled at Philadelphia, in the commonwealth of Pennsylvania, (a copy whereof precedes these presents) and having also seriously and deliberately considered the present situation of the United States, do declare and make known,
That all power is originally vested in and consequently derived from the people, and that government is instituted by them for their common interest, protection and security.
That the enjoyment of life, liberty, and the pursuit of happiness, are essential rights which every government ought to respect and preserve.
That the powers of government may be re-assumed by the people, whensoever it shall become necessary to their happiness ; that every power, jurisdiction and right, which is not by the said constitution clearly delegated to the Congress of the United States, or the departments of the government thereof, remains to the people of the several states, or to their respective state governments, to whom they may have granted the same; and that those clauses in the said constitution, which declare, that Congress shall not have or exercise certain powers, do not imply that Congress is entitled to any powers not given by the said constitution ; but such clauses are to be construed either as excepLions to certain specified powers, or as inserted merely for greater caution.
That the people have an equal, natural, and una. lienable right, freely and peaceably to exercise their religion, according to the dictates of conscience; and that no religious sect or sociely ought to be favoured or established by law in preference of others,
That the people have a right to keep and bear arms ; that a well regulated militia, including the body of the people capable of bearing arms, is the proper, natural, and safe defence of a free state.
That the militia should not be subject to martial law, except in time of war, rebellion, or insurrection.
That standing armies in time of peace are dangerous to liberty, and ought not to be kept up, except in cases of necessity, and that al all times the military should be under strict subordination to the civil power.
That in time of peace no soldier ought to be quartered in any house without the consent of the owner ; and in time of war, only by the civil magistrate, in such manner as the laws may
That no person ought to be taken, imprisoned or disseized of his freehold, or be exiled or deprived of his privileges, franchises, life, liberty or property, but by due process of law.
That no person ought to be put iwice in jeopardy of life or limb for one and the same offence, nor, unless in case of impeachment, be punished more than once for the same offence.
That every person restrained of his liberty is éntitled to an inquiry into the lawfulness of such restraint, and to a removal thereof if unlawful, and that such inquiry and removal ought not to be denied or delayed, except when, on account of publick danger, the Congress shall suspend the privilege of the writ of habeas corpus.'
- That excessive bail ought not to be required ; nor excessive fines imposed; nor cruel or unusual punishnents inflicted.
That (except in the government of the land and naval forces, and of the militia when in actual service, and in cases of impeachment) a presentment or in. dictment by a grand jury ought to be observed as a necessary preliminary to the trial of all crimes cognizable by the judiciary of the United States; and such trial should be speedy, publick, and by an impartial jury of the county where the crime was committed ; and that no person can be found guilty without the unanimous consent of such jury. But in cases of crimes not committed within any county of any of the United States, and in cases of crimes committed within any county in which a general insurrection may prevail
, or which may be in the possession of a foreign enemy, the inquiry and trial may be in such county as the Congress shall by law direct; which county in the two cases. last mentioned, should be as near as conveniently may be to that county in wbich the crime may have been committed. And that in all criminal prosecutions, the accused ought to be informed of the cause and nature of his accusation, to be confronted with his accusers and che witnesses against him, to have the means of producing his witnesses, and the assistance of counsel for bis defence, and should not be compelled to give evidence against himself.
That the trial by jury in the extent that it obtains by the common law of England, is one of the greatest securities to the rights of a free people, and ought to remain inviolate.
That every freeman has a right to be secure from all unreasonable searches and seizures of his person, his papers or his property; and therefore, that all war- . rants to search suspected places, or seize any freeman, his papers or property, without information upon oath or affirmation, of sufficient cause, are grievous and oppressive ; and that all general warrants, (or such in which the place or person suspected are not particuJarly designated) are dangerous and ought not to be granted.
That the people have a right peaceably to assemble together to consult for their common good, or to instruct their representatives, and that every person has a right to petition or apply to the legislature for redress of grievances.
That the freedom of the press ought not to be violated or restrained.
That there should be once in four years, an election of the president and vice president, so that no officer who may be appointed by the Congress to act as president, in case of the removal, death, resignation or inability of the president and vice president, can in any case continue to act beyond the termination of the period for which the last president and vice president were elected.
That nothing contained in the said constitution is to be construed to prevent the legislature of any state from passing laws at its discretion, from time to time, to divide such state into convenient districts, and to apportion its representatives to, and amongst such districts.
That the probibition contained in the said constitution, against ex post facto laws, extends only to laws concerning crimes.
That all appeals in causes, determinable according to the course of the common law, ought to be by writ of error, and not otherwise.
That the judicial power of the United States, incases in which a state may be a party, does not extend to criminal prosecutions, or to authorize any suit by any person against a state.
That the judicial power of the United States, as to controversies between citizens of the same state, claiming lands under grants of different states, is not to be construed to extend to any other controversies between them, except those which relate to such lands, so claimed, under grants of different states.
That the jurisdiction of the supreme court of the United States, or of any other court to be instituted by the Congress, is not in any case to be increased, enlarged, or extended, by any fiction, collusion or mere