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 put twice in jeopardy of life or limb; 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. 6. 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. 7. 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 jury shall be otherwise re-examined in any court of the United States than according to the rules of the common law.

Art. 8. Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

Art. 9. The enumeration in the constitution of certain rights, shall not be construed to deny or disparage others retained by the people.

Art. 10. 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. 11. 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 another state, or by citizens or subjects of any foreign state.

Art. 12. 1. 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 Vice President; 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 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 a majority of the whole number of electors appointed; and if no person have such a 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 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.

2. 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 twothirds of the whole number of senators, and a majority of the whole number shall be necessary to a choice.

3. But no person constitutionally ineligible to the office of President shall be eligible to that of Vice President of the United States.

BRIEF EXPOSITION, &c.

CHAPTER I.

THE PREAMBLE.

THE Constitution of a nation is the fundamental regulation that determines the manner in which the public authority is to be executed.* This may either be in writing, as in this country, or depend upon custom and long established usage, as in most other parts of the world. Our Constitution is, in a peculiar manner, the expression of the will of the people of the United States, as to the powers with which their government shall be invested, and the manner in which those powers shall be executed. It therefore deserves the careful consideration of every citizen.

Constitu

tion.

The object of a

The object of a preamble is, to state the parties to an instrument, and to declare, in preamble. general terms, its meaning. Although placed at the commencement, it is usually composed after all the rest has been completed, and, if properly framed, is of great use in leading to a right construction of it, especially of those parts which might otherwise appear doubtful.

In an instrument prepared with so much care as the Constitution of the United States,

* Vattel, b. I. ch. iii. § 27.

The imperfection

federation.

which occupied, for several months, the exclusive attention of many of the first men of the country, and was at last produced as the result of a compromise of conflicting interests, and finally adopted by thirteen distinct conventions, in which every clause was severely scrutinized, and every possible objection raised; we are to expect that every part has a meaning, and that nothing is redundant. Accordingly the preamble contains much important matter. In order to understand it fully, it is necessary to recollect the situation of affairs before it was adopted.

The thirteen States were loosely connectof the Arti- ed together by a federal compact, in which cles of Con- they were regarded as independent sovereignties, and to which the people, as individuals, were not parties. The mutual jealousy of the parties to the old confederation appeared in the second article of the league, which declared that, "each State retained its sovereignty, freedom, and independence, and every power, jurisdiction, and right, which was not, by that confederation, expressly delegated to the United States in Congress assembled." This bond, slight as it was, was sufficient to hold them together, during the struggle for independence, while they were striving for the same object, and united by a sense of common danger. But no sooner was this pressure removed by the restoration of peace, than the insufficiency of the connexion was sensibly felt. The States had different, and apparently clashing interests, which threatened a speedy disunion. The government had no power but what was derived from the respect of the