Articles in addition to, and amendment of, the Constitution of the United States of America, proposed by Congress, and ratified by the Legislatures of the several States, pursuant to the fifth Article of the original Constitution.

ART. 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.

ART. 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.

ART. 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.

ART. IV. 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.

ART. 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 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.

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. 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.

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

ART. IX. The enumeration in the constitution of certain rights, shall not be construed to deny or disparage others retained by the people.

ART. X. The powers not delegated to the United States by the constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.

ART. XI. The judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by citizens of another state, or by citizens or subjects of any foreign state.

ART. XII. The electors shall meet in their respective states, and vote by ballot for President and Vice-President, one of whom, at least, shall not be an inhabitant of the same state with themselves; they shall name in their ballots the person voted for as President, and in distinct ballots the person voted for as VicePresident; and they shall make distinct lists 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 list 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. 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.

APPENDIX XI.

FRENCH CHARTER OF LOUIS XVIII., AND THAT ADOPTED IN THE YEAR 1830.

Ir the space permitted it, I would have given all the French constitutions, from the first in the first revolution to that now called the Constitution of the Empire. As it is I must content myself with a collection, beginning with the charter granted by Louis the Eighteenth.

The following is the charter of 1830, as I translated it in that year for a work published in Boston, under the title of "Events in Paris, during the 26th, 27th, 28th, and 29th of July, translated from the French."

This charter of August 8th, 1830, is in substance the charter of Louis XVIII., with such changes as the Chambers adopted in favour of liberty. The new articles, or the amendments of the old ones, are printed in italics, and the old reading or suppressed articles are given in notes, so that the paper exhibits both the charters.

FRENCH CHARTER OF 1830.

The whole preamble of the ancient charter was suppressed, as containing the principle of concession and octroi (grant), incompatible with that of the acknowledgment of national sovereignty. The following is the substitution of the preamble :—

DECLARATION OF THE CHAMBER OF DEPUTIES.

The Chamber of Deputies, taking into consideration the imperious necessity which results from the events of the 26th, 27th,

28th, and 29th of July, and the following days; and from the situation in which France is placed in consequence of the violation of the constitutional charter :

Considering, moreover, that by this violation, and the heroic resistance of the citizens of Paris, His Majesty Charles X., His Royal Highness Louis-Antoine, dauphin, and all the members of the senior branch of the royal house are leaving, at this moment, the French territory

Declares that the throne is vacant de facto et de jure, and that it is necessary to fill it.

The Chamber of Deputies declares, secondly, that according to the wish, and for the interest of the French people, the preamble of the constitutional charter is suppressed, as wounding the national dignity in appearing to grant to the French rights which essentially belong to them; and that the following articles of the same charter ought to be suppressed or modified in the following

manner :

Louis Philippe, King of the French, to all to whom these presents shall come, greeting:

We have ordained and ordain, that the constitutional charter of 1814, as amended by the two Chambers on the 7th August, and adopted by us on the 9th, be published anew in the following terms:

PUBLIC LAW OF THE FRENCH.

ART. 1. Frenchmen are equal before the law, whatever otherwise may be their titles or their rank.

ART. 2. They contribute in proportion to their fortunes to the charges of the state.

ART. 3. They are all equally admissible to civil and military employments.

ART. 4. Their individual liberty is equally guaranteed. No person can be either prosecuted or arrested, except in cases provided for by the law, and in the form which it prescribes.

ART. 5. Each one may profess his religion with equal liberty, and shall receive for his religious worship the same protection.

ART. 6. The ministers of the Catholic, Apostolic, and Roman religion, professed by the majority of the French, and those of other Christian worship, receive stipends from the public treasury.1

1 This Article 6 is substituted for the Articles 6 and 7 of the old charter, which ran thus:

ART. 7. Frenchmen have the right of publishing and causing to be printed their opinions, provided they conform themselves to the laws.

The censorship can never be reestablished.2

ART. 8. All property is inviolable, without exception of that which is called national, the law making no difference between them.

ART. 9. The state can exact the sacrifice of property for the good of the public, legally proved, but with a previous indemnity.

ART. 10. All examination into the opinions and votes given before the Restoration is interdicted, and the same oblivion is commanded to be adopted by the tribunals and by the citizens.

ART. 11. The conscription is abolished. The method of recruiting the army for land and sea is to be determined by the law.

FORMS OF THE KING'S GOVERNMENT.

ART. 12. The person of the king is inviolable and sacred. His ministers are responsible. To the king alone belongs executive power.

ART. 13. The king is the supreme head of the state, commands the forces by sea and by land, declares war, makes treaties of peace and alliance and of commerce; he appoints to all offices in public administration, and makes all regulations necessary for the execution of the laws, without ever having power either to suspend the laws themselves, or dispense with their execution.

Nevertheless, no foreign troops can be admitted into the service of the state without an express law.3

6. However, the Catholic, Apostolic, and Roman religion, is the religion of the state.

7. The ministers of the Catholic, Apostolic, and Roman religion, and those of other Christian confessions, alone receive stipends from the public treasury.

2 Article 8 of the old charter :

The French have the right to publish and to cause to be published their opinions, conforming themselves to the laws, which shall prevent the abuse of this liberty.

3 Art. 14 of the old charter :

The king is the supreme head of the state, commands the forces by land and sea, declares war, makes treaties of peace, alliance, and commerce, appoints to all offices of public administration, and makes rules and orders necessary for the execution of the laws and the safety of the state.