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a day appoint

President, &c.

the opinion of this Convention, that it should afterwards be submitted to a Convention of Delegates, chosen in each State by the people thereof, under the recommendation of its Legislature, for their assent and ratification; and that each convention assenting to and ratifying the same, should give notice thereof to the United States, in Congress assembled.

2. RESOLVED, That it is the opinion of this Convention, that as soon as the Conventions of nine States shall have ratCongress to fix ified this Constitution, the United States in Congress asseming Electors of bled should fix a day on which Electors should be appointed by the States which shall have ratified the same, and a day on which the Electors should assemble to vote for the President, and the time and place for commencing proceedings under this Constitution: That after such publication, the Electors should be appointed, and the Senators and Representatives elected: That the Electors should meet on the day fixed for the election of the President, and should transmit their votes, certified, signed, sealed and directed as the Constitution requires, to the Secretary of the United States in Congress assembled: That the Senators and Representatives should convene at the time and place assigned: That the Senators should appoint a President of the Senate, for the mended for car. sole purpose of receiving, opening, and counting the votes for rying the Con- President: and that after he shall be chosen, the Congress, together with the President, should without delay proceed to execute this Constitution.

Mode recom

stitution into

effect.

By the unanimous order of the Convention,

GEORGE WASHINGTON, President.

WILLIAM JACKSON, Secretary.

Convention

SIR,

IN CONVENTION, Sept. 17, 1787.

1. WE have now the honor to submit to the consideration of the United States in Congress assembled, that Constitution which has appeared to us the most advisable.

Letter from the 2. The friends of our country have long seen and desired, that framed the that the power of making war, peace and treaties, that of the President, levying money and regulating commerce, and the correspondof Congress. ent Executive and Judicial Authorities, should be fully and

Constitution, to

effectually vested in the General Government of the Union; but the impropriety of delegating such extensive trusts to one body of men is evident-hence results the necessity of a dif ferent organization.

3. It is obviously impracticable in the federal government of these States, to secure al lrights of independent sovereignty to each, and yet provide for the interest and safety of all.Individuals entering into society, must give up a share of liberty to preserve the rest. The magnitude of the sacrifice

must depend as well on situation and circumstance, as on the object to be obtained. It is at all times difficult to draw with precision, the line between those rights which must be surrendered, and those which may be reserved; and on the present occasion, this difficulty was increased by a difference among the several States as to their situation, extent, habits, and particular interests.

4. In all our deliberations on this subject, we kept steadily in our view, that which appears to us the greatest interest of every true American, the consolidation of our Union, in which is ivolved our prosperity, felicity, safety, perhaps our national existence. This important consideration, seriously and deeply impressed on our minds, led each State in the Convention to be less rigid on points of inferior magnitude than might have been otherwise expected: and thus the Constitution, which we now present, is the result of a spirit of amity, and of that mutual deference and concession which the peculiarity of our political situation rendered indispensable.

5. That it will meet the full and entire approbation of every State, is not perhaps to be expected; but each will doubtless consider, that had her interests been alone consulted, the consequences might have been particulary disagreeable or injurious to others; that it is liable to as few exceptions as could reasonably have been expected, we hope and believe; that it may promote the lasting welfare of that country so dear to us all, and secu e her freedom and happiness, is our most ardent wish.

With great respect we have the honor to be, Sir, your Excellency most obedient, and humble servants.

GEORGE WASHINGTON, President.

By the unanimous order of the Convention.

HIS EXCELLENCY, THE

PRESIDENT OF CONGRESS.

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[The Conventions of a number of States having, at the time of their adopt- Amendments ing the Constitution, expressed a desire, in order to prevent misconstruc- to the Constition or abuse of its powers, that further declaratory and restrictive clauses tution. should be added, Congress, at the Session begun and held at the City of NewYork, on Wednesday, the 4th of March. 1789. proposed to the Legislatures of the several States, twelve amendments, ten of which only were adopted. They are the ten first following.]

ARTICLE I.

hibited from in

religion, with

Congress shall make no law respecting an establishment of Congress proreligion, or prohibiting the free exercise thereof; or abridg-terfering with ing the freedom of speech, or of the press; or the right of freedom of the people peaceably to assemble, and to petition the govern- press, and the ment for a redress of grievances.

speech, of the

right of petition.

Right of the

people to keep

ARTICLE II.

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

&c.

No soldier to

be quartered in

ARTICLE III.

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

No search war

ARTICLE IV.

The right of the people to be secure in their persons, housrant to issue, es, papers, and effects, against unreasonable searches and except on prob- 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.

able cause, oath, &c.

swer a

presentment,

ARTICLE V.

No person shall be held to answer for a capital or otherNo person to wise infamous crime, unless on a presentment or indictment for an of a grand jury, except in cases arising in the land or naval crime, unless on forces, or in the militia, when in actual service, in time of &c. except in war or public danger; nor shall any person be subject, for val forces, nor 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 fence twice,&e. against himself, nor to be deprived of life, liberty or property, without due process of law; nor shall private property be taken for public use without just compensation.

the land or na

to answer for

the same of

speedy and pub

ARTICLE VI.

Assurance of In all criminal prosecutions, the accused shall enjoy the lie trial by ju- right to a speedy, and public trial, by an impartial jury of ry, &c. in crim the State and district wherein the crime shall have been com

inal prosecu

tions.

Right of trial

at common

mitted, 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 favour; and to have the assistance of counsel for his defence.

ARTICLE VII.

In suits at common law, where the value in controversy by jury in suits shall exceed twenty dollars, the right of trial by jury, shall law, above the be preserved, and no fact tried by a jury shall be otherwise value of twenty re-examined, in any Court of the United States, than according to the rules of the common law.

dollars, &c.

and unjust and

ARTICLE VIII.

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

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The enumeration in the Constitution of certain rights, shall ated, not to dis- not be construed to deny or disparage others retained by the

parage those

retained.

egated, &c. are

people,

ARTICLE X.

Powers not del The powers not delegated to the United States by the reserved to the Constitution, nor prohibited by it to the States, are reserved States or peo to the States respectively, or to the people.

tele.

ARTICLE XI.

Judicial pow

Art. 3. 3ec. 2.

The judicial power of the United States shall not be Restriction of construed to extend to any suit in law or equity, commenced ers. (See ante, or prosecuted against one of the United States by citizens clause 1.] of another State, or by citizens or subjects of any foreign State.

ARTICLE XII.

[* See ante, Art. 2. Sec. 1.

Actual mode of

Vice-President of the United

States.

1. The electors shall meet in their respective States, and clause 3.] vote, by ballot, for President and Vice President, one of electing the whom, at least, shall not be an inhabitant of the same State President and with themselves; they shall name, in their ballots, the person of the 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 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.

2. 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.

3. But no person constitutionally ineligible to the office of President, shall be eligible to the office of Vice President of the United States.

[NOTE. The eleventh article of the Amendments to the Constitution, was proposed at the second session of the third Congress; and the twelfth article, at the first session of the eighth Congress.

Preamble.

Legislative

consent.

Division of property.

AN ACT

Relating to the Separation of the District of Maine from Massachusetts Proper, and forming the same into a separate and independent State.

WHEREAS it has been represented to this Legislature, that a majority of the people of the District of Maine are desirous of establishing a separate and independent Government within said District; Therefore,

SEC. 1. BE it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, That the consent of this Commonwealth be, and the same is hereby given, that the District of Maine may be formed and erected into a separate and independent State, if the people of the said District shall, in the manner, and by the majority, hereinafter mentioned, express their consent and agreement thereto, upon the following terms and conditions; and provided, the Congress of the United States shall give its consent thereto, before the fourth day of March next: which terms and conditions, are as follow, viz :

First. All the lands and buildings belonging to the Commonwealth, within Massachusetts Proper, shall continue to belong to said Commonwealth; and all the lands belonging to the Commonwealth, within the District of Maine, shall belong, the one half thereof, to the said Commonwealth, and the other half thereof, to the State to be formed within the said District, to be divided as is hereinafter mentioned; and the lands within the said District, which shall belong to the said Commonwealth, shall be free from taxation, while the title to the said lands remains in the Commonwealth; and the rights of the Commonwealth to their lands, within said District, and the remedies for the recovery thereof, shall continue the same within the proposed State, and in the Courts thereof, as they now are within the said Commonwealth, and in the Courts thereof; for which purposes, and for the maintenance of its rights, and recovery of its lands, the said Commonwealth shall be entitled to all other proper and legal remedies, and may appear in the Courts of the proposed State, and in the Courts of the United States, holden therein, and prosecute as a party, under the name and style of the Commonwealth of Massachusetts; and all rights of action for, or entry into lands, and of actions upon bonds, for the breach of the performance of the condition of settling duties, so called, which have accrued, or may accrue, shall remain in this Commonwealth, to be enforced, commuted, released,

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