Page images
PDF
EPUB

ARTICLE VII.

§ 422. The ratification of the conventions of nine states shall be sufficient for the establishment of this Constitution between the states so ratifying the same.

At the formation of the Constitution, there were thirteen states; nine of these ratified it immediately, three after the lapse of a few months, and the state of Rhode Island not till more than a year afterward. The instrument was, however, perfect by the ratification of nine, and if the others had not acceded, they would have stood in the relation to them of foreign nations. Since that period, eleven others have joined the union, and the whole form one great nation under a common government.

AMENDMENTS.

§ 423. Upon the adoption of the Constitution, strong objections were made to it on account of some supposed deficiencies. Among others, the want of a Bill of Rights was strongly urged, to which it was justly replied, that the Constitution itself was a bill of rights. The people, in their conventions, however, finally thought best to accede to the Constitution, and urge upon Congress the proposal of several amendments. Accordingly, the amendments we have already mentioned, those following, and some that were not adopted, were recommended by many of the states to Congress, and by Congress to the people.

AMENDMENT I.

§ 424. 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 of the right of the people peaceably to assemble, and to petition the government for a redress of grievances.

The first clause was undoubtedly meant to prohibit Congress from interfering in any manner between different sects of Christianity, and not to encourage any other religion. For nearly all the old states had laws for the encouragement of religion; at the same time, Congress has no power to do the slightest positive act to sustain or prohibit any religion whatever. It is a subject upon which they are forbidden to legislate. In this respect the United States Constitution is wholly unlike any other ever formed. It derives no aid from its connexion with religion, but leaves that to be settled by conscience and its God.

It

§ 425. The next clause is, that Congress shall make no law abridging the freedom of speech or of the press. What is the freedom of speech and of the press? is the right to speak and publish every thing in relation to every subject, which is not in derogation of private rights. No one has a right to injure his neighbor: this is the first law of society, and everywhere preserved in the civil state; of consequence, no one has a right to speak or publish what will injure another; hence the law of slander and of libel. Within these limits it is not perceived that there is any restraint upon the liberty either of speech or of the press.

§ 426. The next clause is, the people shall have the right peaceably to assemble and petition for a redress of grievances. This seems to have been altogether a work of supererogation; for the right of the people to assemble, either to petition, or for any other purpose, arises necessarily from the form of government.

AMENDMENT II.

$427. 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.

The term militia is a Latin word, and signifies the being a soldier. In our country it is applied only to that

species of soldiery which is composed wholly of enrolled citizens, held ready for service, but not actually under arms. It is scarcely necessary to say, that the right of the people thus to bear arms is the foundation of their liberties; for, without it, they would be without any power of resistance against the existing government.

AMENDMENT III.

§ 428. 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.

It was an easy mode of oppression, with arbitrary princes, to quarter soldiers upon the people, so that they ate out their substance and ill treated their families. It was to prevent the possibility of such scenes in this country that this provision was inserted in the Constitution.

AMENDMENT IV.

§ 429. 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 warrant 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.

Special warrants, such as here described, are the only warrants upon which an arrest can be made according to the law of England. This provision, therefore, was in affirmance of the Common Law, and introduced into the Constitution for more abundant caution.

§ 430. Amendments 5th, 6th, and 7th, in relation to the trial by jury, and the mode of indictment, we have already considered in connexion with another part of the Constitution.

[blocks in formation]

§431. Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. 13 Burrow's Rep. 1743; 4 Blackstone's Comm. 291, 292.

Excessive bail, and cruel punishments, were another class of means used by arbitrary governments to oppress the people; hence the insertion of this amend

ment.

It has been held that this clause applies only to punishments inflicted by the national government, and not to those inflicted by the states.1

AMENDMENT IX.

§ 432. The enumeration in the Constitution of certain rights, shall not be construed to deny or disparage others retained by the people.

This was merely meant to prevent the application to the Constitution of a maxim, that the affirmation of certain things, in some cases, implies a denial of others.

AMENDMENT X.

§ 433. 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.

This provision follows of course, without express insertion, from the fact that the Constitution is an instrument of enumerated powers, and those not expressly given in it, or necessarily flowing from them, are retained by the original source of power, or invested in collateral and inferior governments. Now, what is this source of power? The people. It must be recollected, that both national and state governments are formed by, and derive their authority from, the people; hence, whatever powers they have not invested in the national government, must either be granted to the state governments, or retained by themselves; therefore, the words of the provision, "reserved to the states respectively, or to the people."

§ 434. Amendment 11th, in relation to the judicial power, and 12th, in relation to the Presidential election, have been already considered.

13 Cowen's New-York Rep. 686; 3 Story's Comm. 751.

CONSTITUTION OF THE UNITED STATES.

Preamble.

WE, the people of the United States, in order to form a more perfect union, establish justice, insure domestic tranquillity, provide for the common defence, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America.

ARTICLE I.

Of the Legislature.

SECTION 1.

1. All legislative powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.

SECTION II.

1. The House of Representatives shall be composed of members chosen every second year by the people of the several states; and the electors in each state shall have the qualifications requisite for electors of the most numerous branch of the state legislature.

2. No person shall be a representative who shall not have attained to the age of twenty-five years, and been seven years a citizen of the United States, and who shall not, when elected, be an inhabitant of that state in which he shall be chosen.

3. Representatives and direct taxes shall be apportioned among the several states which may be included within this union, according to their respective numbers, which shall be determined by adding to the whole number of free persons, including those bound to service for a term of years, and excluding Indians not taxed, three-fifths of all other persons. The actual enumeration shall be made within three years after the first meeting of the Congress of the United States, and within every subsequent term of ten years, in such manner as they shall by law direct. The number of representatives shall not exceed one for every thirty thousand, but each state shall have at least one representative; and until such enumeration shall be made, the state of NewHampshire shall be entitled to choose three; Massachusetts, eight; Rhode Island and Providence Plantations, one; Connecticut, five;

« PreviousContinue »