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probable cause, supported by oath or affirmation, and particularly describing the place to be searched and the persons or things to be seized.

3 Cr., 448; 6 Binn., 316, 18 How., 71, 272; 1 Op., 229; 2 Op., 266; 4 Wh., 100.

AETICLE V.

Trials for No person shall be held to answer for a capital or otherwise crimes. 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.

9 Wh., 679; 4 Wash., 402; 2 Sum., 19; 1 Wal. R. J., 127 ; Bald., 220; 12 S. 4; R., 221; 3 Cow., 686; 2 Cow., 815; 8 W., 85; 7 Pet., 243,551; 5 How., 434; 18 How., 276.

AETICLE VI.

Rights in In all criminal prosecutions, the accused shall enjoy the right cases, 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.

9 Wh., 679; Wall., 106; 1 Burr Tr., 179; 10 W., 449.

AETICLE Vn.

Trials in In suits at common law where the value in controversy shall civil cases. excee(j twenty dollars, the right of trial by jury shall be preserved; and no fact tried by a jury shall be otherwise reexamined in any court of the United States than according to the rules of the common law.

1 Pet, 469, 476; 3 Pet., 433, 6 Pet., 598; 3 Dal., 297; 11 How., 437; Bald., 541; 5 McL., 5C9; 2 Pa., 348, 578; 12 Harr., 289; 1 GalL, 20; 24 W., 137.

AETICLE VIII.

Ball, fines, Excessive bail shall not be required, nor excessive fines im**• posed, nor cruel and unusual punishments inflicted.

20 J. R, 459; 12 S. & R., 220; 3 Cow., 686.

AETICLE IX.

Reserved The enumeration, in the constitution, of certain rights shall rights. no£ ^ construed to deny or disparage others retained by the people.

1 W. & M., 401; 3 S. & Rt 169.

AETIOLE X.

The powers not delegated to the United States by the con- fe°wre"d stitution, nor prohibited by it to the states, are reserved to the states, respectively, or to the people.

1 McL., 234.

[The foregoing ten amendments were ratified as follows:]
By New Jersey, 20 November, 1789.
"Mai-viand, 19 December, 1789.
"North Carolina, 22 December, 1789.
"South Carolina, 19 January, 1790.
"New Hampshire, 25 January, 1790.
"Delaware, 28 January, 1790.
"Pennsvlvania, 10 March, 1790.
"New York, 27 March, 1790.
"Rhode Island, 15 June, 1790.
"Vermont, 3 November, 1791.
"Virginia, 15 December, 1791.

AETIOLE XL

[The following was proposed by the congress held in Philadelphia •n 2 December, 1793, and was declared by a message from the president, dated 8 January, 1798, to have been adopted by the constitutional number of states.]

The judicial power of the United States shall not be con- J^1^" strned to extend to any suit in law or equity commenced or power. prosecuted against one of the United States by citizens of another state, or by citizens or subjects of any foreign state.

3 Pet., 431; 1 Pet., 627; 11 Pet., 324; 5 Cr., 115; 6 Wh., 264; 9 Wh.,
904; 2 How., 497, 550; 13 How., 12; 15 How., 309; 1 B. C. R.,
157.

AETIOLE Xn.

[The following was proposed at the first session of the 8th congress held in Washington, 17 October, 1803, and was declared, by a notice of the secretary of state, dated 25 September, 1804, to have been adopted by the constitutional number of states.]

The electors shall meet in their respective states, and vote, Election of by ballot, for president and vice-president, one of whom, at ESVioe1' least, shall not be an inhabitant of the same state with them- Presidentselves; 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 Usts 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 the 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 ft 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 twothirds of the states, and a majority of all the states shall he 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 (Usability 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.

INDEX

TO

CONSTITUTION OF THE STATE OF NEW YORK.

Art. Sec.

Academies—support of, 9 1

Actions or suits—not to be affected, 1 18

by or against corporations, ... 8 3

Adjournment of legislature, 3 11

Adjutant-general, 11 3

Agricultural land—certain grants

void, 1 14

Alienation of lands—restraints upon, 1 15

Amendments to bills, 3 13

to the constitution, 13 1

Appeals, court of, 6 2

Appropriation laws, 7 8

how to be passed, 7 14

Assembly—number of members, 3 2

how apportioned, 3 5

districts re-organized, .., 3 5

compensation of members,.... 3 G
members not to receive appoint-
ments, 3 7

accepting U. S. office, vacates

seat, 3 8

election to be held in Novem-
ber, 3 9

to judge of qualifications, elec-
tions, &c, 3 10

to choose its own officers, 3 10

to keep a journal, 3 11

to sit with open doors, except,

&c, 3 11

not to adjourn without consent

of the senate 3 11

members not to be questioned

elsewhere for words in debate, 3 12
ma-'ority of, necessary to pass

bills, 3 15

has the power of impeachment, 6 1
Attorney-general—election and ten-
ure of office, 5 1

compensation, ;5 1

commissioner of land office,... 5 5

Art. Sec.

Attorney-General—commissioner of

the canal fund, 5 5

member of the canal board,... 5 5

Attorney, district, 10 1

Ayes and noes—on final passage of

bills, 3 15

on bills returned by governor,. 4 9
on removal of judicial officers,. 6 11
on certain bills to create debt,. 7 12
on tax and appropriation bills,. 7 14
on amendments to the consti-
tution, 13 1

Bail—excessive, not to be required, 1 5

Ballot—election to be by, 2 5

Banking—no special charter for,... 8 4

suspension of specie payments,. 8 5

stockholders to be liable, 8 7

bill holders preferred, 8 8

Bank bills, to be registered, 8 6

to be first paid, 8 8

Black River canal—to be completed, 7 3

not to be sold or leased, 7 6

Betting on elections 2 2

Bills—laws to be passed by, 3 14

private and local, title of, 3 14

enacting clause of, 3 15

question on final passage, 3 15

returned from governor with

objections, 4 9

to create debt, 7 12

for, tax and appropriations, ... 7 14

Bribery—persons guilty of, 2 2

Borrowing money—state may bor-
row for sinking fund, 7 5

not exceeding SI,000,000, 7 10

to repel invasion, 7 11

with assent of the people, .... 7 12
cities and villages to be restricted

in 8 9

, Art. Bee.

Buffalo city courts, 6 14

Canals—revenues, 7 1

to be completed, 7 3

not to be sold, leased or dis-
posed of, 7 6

Canal commissioners—election and

tenure of office, 5 3

members of canal board, 5 5

Canal fund commissioners, 5 5

Canal board—of whom it shall con-
sist, 5 5

its powers and duties, 5 6

Chancellor—office of, abolished,.... 14 8

to hear causes till July, 1848, 14 6
Chancery [see court of chancery.J
Census of the state—when to be

taken, 3 4

Clerk of the court of appeals, 6 19

Clerk of the supreme court—county

clerks to be, 6 19

Clerks of counties, 10 1

Clerk and register of N. Y. city,... 10 1

vacancy, how filled, 10 5

Credit of the state—not to be loaned, 7 9
of cities and villages to be

restricted, 8 9

Citizens not to be disfranchised, un-
less by law, 1 1

not to answer for crimes, ex-
cept on indictments, &c, ... 1 6
not to be twice put in jeopardy, 1 6
Cities—may be created by special

act, 8 1

to be restricted in their powers, 8 9
officers of, to be elected or ap-
pointed, 10 2

City courts [see courts in citiesj.
Crime—no one to answer, except on

presentment, &c, 1 6

Criminal cases—no one to be wit-
ness against himself, 1 6

Circuit courts—any justice of su-
preme court may hold, 6 6

terms of, 6 9

Circuit judge—office abolished,.... 14 8

Chief judge of the court of appeals, 6 2

-Chief justice of the supreme court, 6 6
Code—commissioners to reduce laws

into, 1 17

Colonial acts—the law of this state,. 1 17
Colored person—what, entitled to

vote 2 1

certain, not to be taxed, 2 1

Common law—part of the laws of

this state, 1 17

Common school fund, 9 1

Common pleas courts — business

transferred, 14 5

abolished, 14 8

Comptroller—election of, and tenure

of office, 5 1

compensation, not to receive

fees, 5 1

commissioner of the land office, 5 5

Art. Sec.

Comptroller—commissioner of the

canal fund, 5 5

member of the canal board,... 5 5
Commissioners of the canal fund,

who shall be, 5 5

powers and duties, 5 0

Commissioners of the land office,

who shall be, 5 5

powers and duties, 5 6

may sell land contiguous to the

salt springs, 7 7

Commissioners to form code, 1 17

to simplify pleadings and prac-
tice 6 24

Commissary General, 11 3

Compensation—of members of the

legislature, 3 6

of the governor, 4 4

of the lieutenant-governor,.... 4 8
of judges of court of appeals

and justices of supreme court, 6 7

of county judge, 6 14

Conciliation—tribunals of,... 6 23

Conscience—liberty of, 1 3

persons exempt from military

duty, 11 1

Constitution—how amended, 13 1

when to take effect, 14 14

Convention to revise the constitu-
tion, 13 2

majority of electors necessary, 13 2

delegates to be elected, 13 2

Congress—members of, ineligible to

the legislature, 3 8

Corporations—to be formed under

general laws, 8 1

by special act in certain cases,. 8 1

general laws may be altered, 8 1

dues from, how secured, 8 2

defined—to sue and be sued,.. 8 3

for banking, 8 4

stockholders individually liable, 8 7

restrictions on municipal, 8 9

Corporate rights or charters not af-
fected, 1 18

Coroners—election and tenure of of-
fice, 10 1

governor may remove 10 1

time of election, 10 4

County—not to be divided in form-
ing senate districts, 3 4.

each to have member of Assem-
bly, ... 3 5

not to be liable for acts of sheriff, 10 1
officers to be elected or appoint-
ed, according to law, 12 2

County courts, by whom held,.... 6 14
County clerks—to be clerk of su-
preme court, 6 19

election, tenure of office, and

how removed, 10 1

time of election, 10 4

vacancies, how filled, 10 5

County judge—election and tenure,. 6 14

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