ARTIC the other cases befo have appellate juri such exceptions an shall make. Murdoch v. City Co., 10 id. 553; The 307; Matter of Yer 318; Freebon v. Sn 3 The trial ment, shall be state where ne, HICLE or; IV-Continued. but shall be delivered up on claim om such service or labor may be due. 21 How. 506; Dred Scott v. Sanford, 19 id. 2 N. Y. Cr. Rep. 407; 33 Hun, 101. tes may be admitted by the congress into but no new state shall be formed or erected risdiction of any other state, nor any state be the junction of two or more states or parts of but when no out the consent of the legislatures of the states , as well as of the congress. have direct Harrison, 16 How. 164; Pollard v. Hagan, 3 How. 212; Co. v. Canter, 1 Pet. 511. congress shall have power to dispose of, and all needful rules and regulations respecting the terrother property belonging to the United States; and son v. Ung in this constitution shall be so construed as to dice any claims of the United States, or of any par United States v. American Bell Telephone Co., 128 U. S. 315; New Mexico, 16 Wall. 535; Clinton v. Englebert, 13 id. 434; Chateau, id. 92; Muckey v. Coxe, 18 How. 100; Cross v. arrison, 16 id. 164; U. S. v. Rogers, 4 id. 567; National Bank v. givi Yankton, 101 U. S. 129. Practice has been for congress to establish government for terrivictories, and people are not of right entitled to political authority until territory becomes a state. Cooley Prin. of Con. Law, p. 183; ne Mormon Church v. U. S., 136 U. S. 1; Am. Pub. Co. v. Fisher, 160 U. S. 464. Congress may prescribe conditions upon which state may be admitted. Williams v. Miss., 170 U. S. 213. Power of any sovereignty to acquire territory is indisputable. Cooley Prin. of Con. Law, p. 188. 1. The United States shall guarantee to every state in this Union a republican form of government, and shall protect each of them against invasion; and, on application ARTICLE IV-Continued. of the legislature, or of the executive (when the legislature cannot be convened), against domestic violence. Texas v. White, 7 Wall. 700; Luther v. Borden, 7 How. 1. Porto Rico and the United States were foreign countries with respect to each other during military occupation of the former. Dooley v. United States, 182 U. S. 1074. Porto Rico, after cession to the United States, was no longer "foreign country" within meaning of Dingley Tariff Act. De Luna v. Bidwell, 182 U. S. 1041. ARTICLE V. 1. The congress, whenever two-thirds of both houses shall deem it necessary, shall propose amendments to this constitution; or, on the application of the legislatures of two-thirds of the several states, shall call a convention for proposing amendments, which, in either case, shall be valid to all intents and purposes, as part of this constitution, when ratified by the legislatures of three-fourths of the several states, or by conventions in three-fourths thereof, as the one or the other inode of ratification may be proposed by the congress; provided that no amendment which may be made prior to the year one thousand eight hundred and eight, shall in any manner affect the first and fourth clauses in the ninth section of the first article; and that no state, without its consent, shall be deprived of its equal suffrage in the senate. ARTICLE VI. 1. All debts contracted and engagements entered into before the adoption of this constitution shall be as valid against the United States under this constitution, as under the confederation. 2. This constitution, and the laws of the United States which shall be made in pursuance thereof, and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, any thing ARTICLE VI-Continued. in the constitution or laws of any state to the contrary notwithstanding. Haver v. Taker, 9 Wall 32; Foster v. Davenport, 22 How. 244. 3. The senators and representatives before mentioned, and the members of the several state legislatures, and all executive and judicial officers, both of the United States and of the several states, shall be bound by oath or affirmation to support this constitution; but no religious test shall ever be required as a qualification to any office or public trust under the United States. Matter of Garland, 4 Wall, 336. ARTICLE VII. 1. The ratifications of the conventions of nine states shall be sufficient for the establishment of this constitution between the states so ratifying the same. Done in convention by the unanimous consent of the states present, the seventeenth day of September, in the year of our Lord one thousand seven hundred and eighty-seven, and of the Independence of the United States of America the twelfth. In witness whereof we have hereunto subscribed our names. GEORGE WASHINGTON, President, and Deputy from Virginia. Attest: WILLIAM JACKSON, Secretary, and signed by thirty-eight delegates from twelve original states (not including Rhode Island). AMENDMENTS TO THE CONSTITUTION OF THE UNITED STATES. [The following amendments were proposed at the first session of the first congress of the United States, which was begun and held at the city of New York on the 4th of March, 1789, and were adopted by the requisite number of states. Laws of the U. S., vol. 1, page 82.} [The following preamble and resolution preceded the original proposition of the amendments, and as they have been supposed by a high equity judge (8 Wendell Rep. AMENDMENTS-Continued. 100) to have an important bearing on the construction of those amendments, they are here inserted. They will be found in the journals of the first session of the first congress. In Matter of Spies, 123 U. S. 181, the court says: "That the first ten articles of amendment were not intended to limit the powers of the state government in respect to their own people, but to operate on the national government alone was decided more than a half century ago, and that decision has been steadily adhered to since." See also Eilenbecker v. District, etc., 134 U. S. 31; Kansas v. Bradley, 26 Fed. Rep. 289. CONGRESS OF THE UNITED STATES. Begun and held at the city of New York, on Wednesday. the 4th day of March, 1789. 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, namely: 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. U. S. v. Cruikshank, 92 U. S. 542. Freedom of religion cannot be extended to prevent the punishment of crimes. Davis v. Beacon, Whole power over subject of religion is left excluStory on Cons. § 1879. 133 U. S. 333. sively to state. 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. Presser v. Illinois, 116 U. S. 252. 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, paper 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. See Boyd v. United States, 116 U. S. 616; People ex rel., v. Board, etc., 32 State Rep'r, 827; Matter of Milligan, 4 Wall. 2; Murray v. Hoboken, etc., 18 How. 272; Smith v. State, id. 71. In exercising police power regard must be paid to fundamental principles of civic liberty. Lawton v. Steele, 152 U. S. 133-137. As to when search warrants may be issued see Tiedeman on State and Federal Control of Persons and Property, vol. 2, p. 786. 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 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. |