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Page:United States Statutes at Large Volume 1.djvu/143

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AMENDMENTS TO THE CONSTITUTION.[1]


Art. I.Religion. Freedom of Speech. Right of Petition. 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.

Art. II.Right to bear and keep arms. 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.

Art. III.Quartering of soldiers. 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.

Art. IV.Unreasonable searches and seizures prohibited.
No warrant to issue but on oath or affirmation.
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.[2]

Art. V.Trials for capital offences, or infamous crimes.
No one to be twice out in jeopardy of life or limb, for the same offence.
Private property not to be taken for public use without just compensation.
Trial by jury in criminal cases.
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;[3] nor shall be compelled, in any criminal case, to be 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.

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

Art. VII.Trial by jury in civil cases. 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.[4]

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

Art. IX.Enumeration of rights not to be construed to deny or disparage those retained by the people. The enumeration in the Constitution of certain rights, shall not be construed to deny or disparage others retained by the people.

Art. X.Reserved powers. The powers not delegated to the United States by the Con-

  1. The first ten of these amendments were proposed by Congress, (with others which were not ratified by three fourths of the legislatures of the several states,) by resolution of 1789, post, pp. 97,98, and were ratified before 1791. The eleventh amendment was proposed by Congress by resolution of the year 1794, post p.402, and was ratified before 1796. The twelfth article was proposed by Congress by resolution of October, 1803, vol. 2, p. 306, and was ratified before September, 1804.
  2. Ex parte Burford, 3 Cranch, 448; 1 Cond. Rep. 594
  3. United States v Haskell and Francis, 4 Wash. C.C.R. 402. United States v Gilbert, 2 Sumner's C.C.R. 19
  4. The amendments to the Constitution of the United States, by which the trial by jury was secured, may, in a just sense, be well construed to embrace all suits which are not of equity or admiralty jurisdiction, whatever the form they may assume to settle legal rights. Parsons v Bedford et al. 3 Peters, 433