Founding America (Barnes & Noble Classics) - Jack N. Rakove [342]
ARTICLE THE NINTH.
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, 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.
ARTICLE THE TENTH.
The trial of all crimes (except in cases of impeachment, and in cases arising in the land or naval forces, or in the militia when in actual service in time of War or public danger) shall be by an impartial Jury of the Vicinage, with the requisite of unanimity for conviction, the right of challenge, and other accostomed requisites; and no person shall be held to answer for a capital, or otherways infamous crime, unless on a presentment or indictment by a Grand Jury; but if a crime be committed in a place in the possession of an enemy, or in which an insurrection may prevail, the indictment and trial may by law be authorised in some other place within the same State.
ARTICLE THE ELEVENTH.
No appeal to the Supreme Court of the United States, shall be allowed, where the value in controversy shall not amount to one thousand dollars, nor shall any fact, triable by a Jury according to the course of the common law, be otherwise re-examinable, than according to the rules of common law.
ARTICLE THE TWELFTH.
In suits at common law, the right of trial by Jury shall be preserved.
ARTICLE THE THIRTEENTH.
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
ARTICLE THE FOURTEENTH.
No State shall infringe the right of trial by Jury in criminal cases, nor the rights of conscience, nor the freedom of speech, or of the press.
ARTICLE THE FIFTEENTH.
The enumeration in the Constitution of certain rights, shall not be construed to deny or disparage others retained by the people.
ARTICLE THE SIXTEENTH.
The powers delegated by the Constitution to the government of the United States, shall be exercised as therein appropriated, so that the Legislative shall never exercise the powers vested in the Executive or Judicial; nor the Executive the powers vested in the Legislative or Judicial; nor the Judicial the powers vested in the Legislative or Executive.
ARTICLE THE SEVENTEENTH.
The powers not delegated by the Constitution, nor prohibited by it, to the States, are reserved to the States respectively.
Teste,
JOHN BECKLEY, CLERK
In SENATE, August 25, 1789
Read and ordered to be printed for the consideration of the Senate.
Attest, SAMUEL A. OTIS, Secretary
NEW-YORK, PRINTED BY T. GREENLEAF, near the COFFEE-HOUSE.
AMENDMENTS PROPOSED BY THE SENATE
SEPTEMBER 14, 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—Viz.
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