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THE FIRST TEN AMENDMENTS-1791.
ART. 1. 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. 2. 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. 3. 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. 4. 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. 5. 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. 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 favor, 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 a jury shall be otherwise reexamined 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 be 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.
THE ELEVENTH AMENDMENT-1798.
ART. 11. The Judicial power of the United States shall not be construed to extend to any against one of the United States by Citizens of suit in law or equity, commenced or prosecuted
another State, or by Citizens or Subjects of any Foreign State.
THE TWELFTH AMENDMENT-1804. ART. 12. The Electors shall meet in their respective States, and vote by ballot for President and Vice-President, one of whom, at least, shal not be an inhabitant of the same State wit. 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 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 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 United States nor any State shall assume or pay Vice-President shall act as President, as in the any debt or obligation incurred in aid of insurcase of the death or other constitutional disabil-rection or rebellion against the United States, or any claim for the loss or emancipation of any slave, but all such debts, obligations, and claims shall be held illegal and void.
ity 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.
THE THIRTEENTH AMENDMENT-1865. ART. 13. SEC. 1. Neither slavery nor involuntary servitude, except as a punishment for crime, whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction. SEC. 2. Congress shall have power to enforce this article by appropriate legislation.
THE FOURTEENTH AMENDMENT-1868. ART. 14. SEC. 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law, nor deny to any person within its jurisdiction the equal protection of the laws.
SEC. 2. Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed. But when the right to vote at any election for the choice of electors for President and Vice President of the United States, representatives in Congress, the executive and judicial officers of a State, or the members of the Legislature thereof, is denied to any of the male inhabitants of such State, being twenty-one years of age, and citizens of the United States, or in any way abridged, except for participation in rebellion or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such State.
SEC. 3. No person shall be a Senator or Representative in Congress, cr elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath as a member of Congress, or as an officer of the United States, or as a member of any State Legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may, by a vote of two-thirds of each House, remove such disability.
SEC. 4. The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned. But neither the
SEC. 5. That Congress shall have power to inforce, by appropriate legislation, the provisions of this article.
PROPOSED FIFTEENTH AMENDMENT-1870. ART. 15. SEC. 1. The right of citizens of the United States to vote shall not be denied cr abridged by the United States, or by any State, on account of race, color, or previous condition of servitude.
SEC. 2. Congress shall have power to enforce this article by appropriate legislation.
CONDITION OF THE FIFTEENTH AMENDMENT. ported from a Committee of Conference, FebruThe proposed Fifteenth Amendment was reary 26, 1869, and its passage recommended. The Senate agreed-yeas 39, all Republicans; nays 13, all Democrats, except Fowler of Tenn. In the House the vote was-yeas 144, all Republicans; nays-44, all Democrats, except Hawkins of Tenn., Loughridge of Iowa, and Mallory of Oregon; 85 members did not vote, of whom about 30 were Republicans.
The following shows the action taken by the State Legislatures. There are 87 States; 28 are required to ratify.
House Nay. Yea. Nay, 67
N. Hampshire..V.n. given 187
16 Adopted. Adopted. Will be Rejected. 105 Adopted. 21 Rejected. 13 Adopted. Adopted. 28 Adopted. **Adopted. Adopted. 7 Adopted. 80 Rejected. 55 9 Adopted.
Adopted. Will be Rejected. 15 Adopted. 24 Adopted. Adopted. Adopted. 30 Adopted. Adopted.
Will be Rejected.
20 Adopted. Adopted.
Will be Rejected. 38 Adopted. Adopted. 3 Adopted. Rejected. Adopted. Adopted. Adopted. 19 Adopted. 29 Adopted.
in 1869, and subsequently ratified it in 1870.
The New York Legislature ratified it in 1869, and passed a rescinding resolution in 1870.
ABSTRACT OF PUBLIC LAWS
PASSED AT THE THIRD SESSION OF THE FORTIETH CONGRESS, AND THE FIRST SESSION OF THE FORTY-FIRST CONGRESS, WITH RESOLUTIONS AND PROCLAMATIONS.
FORTIETH CONGRESS-THIRD SESSION.
CHAP. II.-Sale at Harper's Ferry.-Sec. 1 | as security or as collateral security for any loan Provides for sale of government property at Har- of money, or for a consideration shall agree to per's Ferry. withhold the same from use, or shall offer or receive the custody or promise of custody of such notes as security, or as collateral security, cr consideration for any loan of money; and any national banking association cffending against the provisions of this act shall be deemed guilty of a misdemeanor, and upon conviction thereof in any United States court having jurisdiction, shall be punished by a fine not exceeding one thousand dollars, and by a further sum equal to one-third of the money so loaned; and the officer or officers of said bank who shall make such loan cr loans shall be liable for a further sum cqual to one quarter of the money so loaned; and the prosecution of such offenders shall be commenced and conducted as provided for the punishment of offenses in an act to provide a national currency, and the fine or penalty so recovered shall be for the benefit of the party bringing such suit.
CHAP. XXXIII.-New Assay Office.-Establishes an assay office, with necessary officers and machinery, at Boise City, Idaho.
CHAP. XXXV.-Duties on Machinery.-That machinery for repair may be imported into the United States without payment of duty, under bond to be given in double the appraised value thereof, to be withdrawn and exported after said machinery shall have been repaired; and the Secretary of the Treasury is hereby authorized and directed to prescribe such rules and regulations as may be necessary.
CHAP. IV.-Liquor and Tobacco.-Extends for a month and a half the tax on liquor and tobacco of July 20, 1868.
CHAP. VII. Consular Papers-Certified papers of, or filed with United States consular officers, admitted in evidence in our courts.
CHAP. XIII-labeas Corpus Extended.The provisions of an act entitled "An act relating to habeas corpus and regulating judicial proceedings in certain cases," approved March 3, 1863, so far as the same relate to the removal cf causes from the State to the Federal courts, be, and the same is hereby, declared to extend to any suit or action at law, or prosecution, civil or criminal, which has been or shall be commenced in any State court against the owner or owners of any ship or vessel, or of any railway, or of any line of transportation, firm, or corporation engaged in business as common carriers of goods, wares, or merchandise, for any loss or damage which may have happened to any goods, wares, or merchandise whatever, which shall have been delivered to any such owner or owners of any ship or vessel, or any railway, or of any line of transportation, firm, or corporation, engaged in business as common carriers, where such loss or damage shall have been occasioned by the acts of those engaged in hostility to the government of the United States during the late rebellion, or where such loss or damage shall have been cccasioned by any of the forces of the United States, or by any officer in command of such forces: Provided, That this act shall not be construed to affect any contract of insurance for war risks which may have been made with reference to any goods, wares, or merchandise, which shall have been so destroyed.
CHAP. XLII.-Collection Districts.—Establishes a collection district at Aroostock, Me., and enacts that the district of Newark, in the State of New Jersey, shall be extended so as to embrace all the waters and shores of Newark bay and the rivers and bays tributary thereto, the northern shore of the strait or passage known as Kill Van Kull, and all that part of the western shore of the strait or passage known as Staten Island sound, er Arthur Kill, which lies north of the northern boundary line of the town of Rahway.
CHAP. XLV. Duties on Copper and Cor per Ores.-That, in lieu of the duties heretofor imposed, there shall be paid on the articles herein enumerated, imported from foreign countries, the following rates, that is to say: on all copper imported in the form of ores, three cents con cach pound of fine copper contained therein; on all regulus of copper, and on all black or coarse copper, four cents on each pound of fine copper contained therein; on all old copper, fit cnly for remanufacture, four cents per pound; on all copper in plates, bars, ingots, pigs, and in other forms not manufactured cr herein enumerated, including sulphate of copper or blue vitriol, five cents per pound; on copper in rolled plates, called braziers' copper, sheet, rods, pipes, and copper bottoms, eyelets, and all manufactures of copper, cr of which copper shall be a component
of chief value, not otherwise herein provided for, forty-five per centum ad valorem. [Vetoed, but readopted.]
CHAP. XLIX.-The Franking Privilege.-It shall not be lawful for any officer of the government, member of Congress, or other person entitled by law to the franking privilege, to exercise said privilege otherwise than by his or her written autograph signature upon the matter franked; and all letters or other mail matter not thus franked by the written signature of a person entitled by law to exercise said privilege, shall be charged with the rates of postage which are now, or may be hereafter, established by law.
CHAP. L-Members of the House of Representatives of Montana hereafter to be elected for two years.
CHAP. LII-Brevet Commissions.-From and after the passage of this act, commissions by brevet shall only be conferred in time of war, and for distinguished conduct and public service in presence of the enemy. And all brevet commissions shall bear date from the particular action or service for which the officer was brevetted. CHAP. LIV.-Duties on Spanish Vessels.—Of Spanish vessels coming from any port or place in Spain or her colonies, where no discriminating or countervailing duties on tonnage are levied upon vessels of the United States, or from any other port or place to and with which vessels of the United States are crdinarily permitted to go and trade, there shall be exacted in the ports of the United States no other or greater duty on tonnage than is or shall be exacted of vessels of the United States.
CHAP. LVI.-Refunding Money Paid for Substitutes.-That so much of the second section of an act entitled "An act for the relief of certain drafted men," as provides that said section "shall apply only to claims received at the War Department prior to its passage," be, and the same is hereby, repealed: Provided, however, That all claims under said second section of said act shall be presented and filed within two years from the date of the final passage of this act, and not afterwards.
CHAP. LVII.-Pay of Deputy Collectors in Certain Cases.-That any deputy collector of internal revenue who has performed, or may hereafter perform, under authority or requirement of law, the duties of collector of internal revenue in consequence of any vacancy in the office of such collector, shall be entitled to and receive so much of the same pay and compensation as is provided by law for such collector; but no such payment shall in any case be made when the collector has received or is entitled to receive compensation for services rendered during the same period of time. That those persons who held the office of distillery inspector on the 2d of March, 1867, and who continued to perform the duties of that office in ignorance of the repeal of the statute creating it, be paid at the rate of five dollars per day for such time prior to April 1, 1867, as they were actually employed, the amounts so paid to be approved by the commissioner of internal revenue, and paid out of the appropriation for assessing and collecting the internal revenue.
CHAP. CXXVII.-Pacific Railway. That the Union Pacific Railway Company, eastern division, be authorized to contract with the
Denver Pacific Railway and Telegraph Company, for the construction, operation, and maintenance of that part of its line of railroad and telegraph between Denver City and its point of connection with the Union Pacific Railroad, which point shall be in Cheyenne, and to adopt the roadbed already graded by said Denver l'acific Railway and Telegraph Company as said line, and to grant to said Denver Pacific Railway and Telegraph Company the perpetual use of its right of way and depot grounds, and to transfer to it all the rights and privileges, subject to all the obligations pertaining to said part of its line. That the said Union Pacific Railway Company, eastern division, shall extend its railroad and telegraph to a connection at the city of Denver, so as to form with that part of its line herein authorized to be constructed, operated, and maintained by the Denver Pacific Railway and Telegraph Company, a continuous line of railroad and telegraph from Kansas City, by way of Denver to Cheyenne. And all the provisions of law for the operation cf the Union Pacific Railroad, its branches and connections, as a continuous line, without discrimination, shall apply the same as if the road from Denver to Cheyenne had been constructed by the said Union Pacific Railway Company, eastern division but nothing herein shall authorize the said eastern division company to operate the road or fix the rates of tariff for the Denver Pacific Railway and Telegraph Company. That said companies are herely authorized to mortgage their respective portions of said road, as herein defined, for an amount not exceeding thirty-two thousand dollars per mile, to enable them respectively to borrow money to construct the same; and that each of said companies shall receive patents to the alternate sections of land along their respective lines of road, as herein defined, in like manner and within the same limits as is provided by law in the case of lands granted to the Union Pacific Railway Company, eastern division: Provided, That neither of the companies hereinbefore mentioned shall be entitled to subsidy in United States bonds under the provisions of this act.
CHAP. CXXIX.--Railroads in Oregon.Granting right of way through public lands in Washington Territory to the Wallawalla and Columbia River Railroad, under usual strictions.
CHAP. CXXX.-Reports from Banks.--Requires five reports each year to the comptroller of the currency, according to the form which may be prescribed by him, verified by the cath of the president or cashier, and attested by the signature of at least three directors; which report shall exhibit the resources and liabilities of the association at the close of business on any past day to be by him specified; and the report, in the same form in which it is made to the comptroller, shall be published in a newspaper published in the place where such association is established, or if there be no newspaper in the place, then in the one published nearest thereto in the same county, at the expense of the association. And the comptroller shall have power to call for special reports from any particular association whenever in his judgment the same shall be necessary in order to a full and complete knowledge of its condition. Any associa
tion failing to make and transmit any such report shall be subject to a penalty of one hundred dollars for each day after five days that such bank shall delay to make and transmit any report as aforesaid; and in case any association shall delay or refuse to pay the penalty herein imposed when the same shall be assessed by the comptroller of the currency, the amount of such penalty may be retained by the Treasurer of the United States, upon the order of the comptroller of the currency, out of the interest, as it may become due to the association, on the bonds deposited with him to secure circulation; and all sums of money collected for penalties under this section shall be paid into the treasury cf the United States. That, in addition to said reports, each national banking association shall report to the comptroller of the currency the amount of each dividend declared, and the amount of net earnings in excess of said dividends, which report shall be made within ten days after the declaration of each dividend, and attested by the oath.
CHAP. CXXXIII.-In Relation to Bounties. -That when a soldier's discharge states that he is discharged by reason of "expiration of term of service," he shall be held to have completed the full term of his enlistment, and entitled to bounty accordingly. That the widow, minor children, cr parents, in the order named, of any soldier who shall have died, after being honorably discharged from the military service of the United States, shall be entitled to receive the additional bounty, to which such soldier would be entitled if living, under the provisions of the twelfth and thirteenth sections of an act titled "An act making appropriations for sundry civil expenses of the government for the year ending June 13, 1867, and for other purposes,' and the said provisions of said act shall be so construed. That all claims for the additional bounties granted in sections twelve and thirteen of the act of July 28, 1866, shall, after the first of May next, be adjusted and settled by the accounting officers of the treasury under the provisions of said act; and all such claims as may on the said first of May be rem ining in the office of the paymaster-general unsettled shall be transferred to the second auditor of the treasury for settlement. [N.B.-The provisions of this act were limited to the 1st of December, 1869, after which no claims could be received.]
CHAP. CXXXV.-Certifying Checks.-It shall be unlawful for any officer, clerk, cr agent of any national bank to certify any check drawn upon said bank, unless the person or company drawing said check shall have on deposit in said bank at the time such check is certified an amount of money equal to the amount specified in such check; and any check so certified by duly authorized officers shall be a good and valid obligation against such bank; and any officer, clerk, cr agent of any national bank viclating the visions of this act shall subject such bank to the liabilities and proceedings on the part of the comptroller as provided for in section fifty of the national banking law, approved June third, cighteen hundred and sixty-four.
CHAP. CXXXIX.-Brooklyn Bridge.-That the bridge across the East River, between the cities of New York and Brocklyn, in the State of New York, to be constructed under and by virtue of an act of the legislature of the State of York, entitled "An act to incorporate the New York Bridge Company, for the purpose of constructing and maintaining ridge over the East River between the cities of New York and Brooklyn," passed April sixteenth, eighteen hundred and sixty-seven, is hereby declared to be, when completed in accordance with the aforesaid law of the State of New York, a lawful structure and post-road for the conveyance of the mails of the United States: Provided, That the said bridge shall be so constructed and built as not to obstruct, impair, or injuriously modify the navigation of the river; and in order to secure a compliance with these conditions, the company, previous to commencing the construction of the bridge, shall submit to the Secretary of War a plan of the bridge, with a detailed map of the en-river at the proposed site of the bridge, and for the distance of a mile above and below the site, exhibiting the depths and currents at all points of the same, together with all other information touching said bridge and river as may be deemed requisite by the Secretary of War, to determine whether the said bridge, when built, will conform to the prescribed conditions of the act, not to obstruct, impair, cr injuriously modify the navigation of the river. That the Secretary of War is hereby authorized and directed, upon receiving said plan and map and other information, and upon being satisfied that a bridge built on such plan and at said locality will conform to the prescribed conditions of this act, not to obstruct, impair, or injuriously modify the navigation of said river, to notify the said company that he approves the same; and upon receiving such notification the said company may proceed to the erection of said bridge, conforming strictly to the approved plan and location. But until the Secretary of War approve the plan and location of said bridge, and notify said company of the same in writing, the bridge shall not be built cr commenced; and should any change te made in the plan of the bridge during the progress cf the work thereon, such change shall be subject pro-likewise to the approval of the Secretary of War. That Congress shall have power at any time to alter, amend, cr repeal this act.
CHAP. CXXXVII.-Prize Money.-That the vessels attached to or connected with Admiral Farragut's fleet in the river Mississippi, which participated in the opening of that river, and
which resulted in the capture of New Orleans, and which by law would have been entitled to prize money in the captures made by said vessels, shall be now entitled to the benefits of the prize laws in the same manner as they would have been had the district court for the eastern district of Louisiana been then open and the captures made by said vessels had been libelled therein; and any court of the United States having admiralty jurisdiction may take and have ccgnizance of all cases arising out of said captures, and the same proceedings shall be had therein as in other cases of prize.
CHAP. CXLI.- Lxtradition of Criminals.That whenever any person who shall have been delivered by any foreign government to an agent or agents of the United States for the purpose of being brought within the United States and tried for any crime of which he is duly accused, the President shall have power to take all necessary