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UNITED STATES.

shall be sufficient for the establishment of this Constitution between the States so ratifying the same.

ARTICLE VIII.

Excessive bail shall not be required, nor excessive

Done in Convention, by the unanimous consent of fines imposed, nor cruel and unusual punishments in

the States present, the seventeenth day of Septem- fiicted.
ber, in the year of our Lord one thousand seven
hundred and eighty-seven, and of the Indepen-
dence of the United States of America, the
Twelfth.

In witness whereof, we have hereunto subscribed

our names.

GEORGE WASHINGTON, President,
and Deputy from Virginia.

AMENDMENTS.

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.

ARTICLE I.

ARTICLE IX.

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

ARTICLE 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.

ARTICLE 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.

ARTICLE 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

Congress shall make no law respecting an establish. the same State with themselves; they shall name in ment of religion, or prohib ting the free exercise there. their ballots the person voted for as President, and in of; or abridging the freedom of speech, or of the distinct ballots the person voted for as Vice Presipress; or the right of the people peaceably to assem. dent; and they shall make distinct lists of all persons ble, and petition the government for a redress of

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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 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 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

The right of the people to be secure in their per- President. But, in choosing the President, the votes sons, houses, papers and effects, against unreasonable shall be taken by States, the representation from each searches and seizures, shall not be violated; and no State having one vote; a quorum for this purpose, 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.

ARTICLE V.

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.

No person shall be held to answer for a capical or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases ases arising in The person having the greatest number of votes as the land or naval forces, or in the militia when in ac. Vice President, shall be the Vice President, if such tual service, in time of war or public danger; nor shall number be a majority of the whole number of Elecany persor: be subject, for the same offence, to be tors appointed; and, if no person have a majority, twice put in jeopardy of life or limb; nor shall be then from the two highest numbers on the list, the Sencompelled in any criminal case to be a witness against ate shall choose the Vice President; a quorum for the himself; nor be deprived of life, liberty or property, purpose shall consist of two-thirds of the whole number without due process of law; nor shall private property be taken for public use without just compensation.

ARTICLE VI.

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.

ARTICLE XIII.

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 con. fronted with the witnesses against him; to have com- retain any present, pension, office, or emolument of

pulsory process for obtaining witnesses in his favor; and to have the assistance of counsel for his defence.

ARTICLE VII.

In suits at common law, where the value in contro. versy 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.

If any citizen of the United States shall accept, claim, receive or retain, any title f'nobility or honor, or shall, without consent of Congress, accept

any kind whatever, from any emperor, king, prince,

or foreign power, such person
cease to be a
citizen of the United States, and shall be incapable
of holding any office of trust or profit under them,
or either of them.

[Note. The 11th article of the amendments to the
Constitution, was proposed at the second session
of the third Congress; the 12th article, at the first
session of the eighth Congress; and the 13th arti
cle, at the second session of the eleventh Congress.]

26

WASHINGTON'S

FAREWELL ADDRESS.

FRIENDS AND FELLOW-CITIZENS:

tions, contributed towards the organization and

The period for a new election of a Citizen to administration of the Government, the best exadminister the Executive Government of the ertions of which a very fallible judgment was the United States being not far distant, and the capable. Not unconscious, in the outset, of the time actually arrived, when your thoughts inferiority of my qualifications, expericuce in must be employed in designating the person my own eyes perhaps still more in the eyes of who is to be clothed with that important trust, others, has strengthened the motives to diffiit appears to me proper, especially as it may dence of myself; and every day the increasing conduce to a more distinct expression of the weight of years admonishes me more and more, public voice, that I should now apprize you of that the shade of retirement is as necessary to the resolution I have formed, to decline being me as it will be welcome. Satisfied that if any considered among the number of those out of circumstances have given peculiar value to my whom a choice is to be made. services, they were temporary, I have the con

I beg you, at the same time, to do me the solation to believe, that while choice and prujustice to be assured, that this resolution has not dence invite me to quit the political scene, pabeen taken, without a strict regard to all the triotism does not forbid it. considerations appertaining to the relation, In looking forward to the moment which is which binds a dutiful citizen to his Country; to terminate the career of my public life, my and that, in withdrawing the tender of service, feelings do not permit me to suspend the deep which silence in my situation might imply. I acknowledgment of that debt of gratitude am influenced by no diminution of zeal for which I owe to my beloved Country, for the your future interest; no deficiency of grateful many honors it has conferred upon me; still respect for your past kindness; but am sup- more for the steadfast confidence with which it ported by a full conviction that the step is com-has supported me; and for the opportunities I patible with both.

have thence enjoyed of manifesting my invio

The acceptance of, and continuance hitherto lable attachment by services faithful and persein the office to which your suffrages have vering, though in usefulness unequal to my twice called me, have been a uniform sacrifice zeal. If benefits have resulted to our Country of inclination to the opinion of duty, and to a from these services, let it always be rememberdeference for what appeared to be your desire. ed to your praise, and as an instructive examI constantly hoped that it would have been ple in our annals, that under circumstances in much earlier in my power, consistently with which the passions, agitated in every direction motives which I was not at liberty to disegard, were liable to mislead, amidst appearances to return to that retirement from which I had sometimes dubious-vicissitudes of fortune, ofbeen reluctantly drawn. The strength of my ten discouraging, in situations in which, not uninclination to do this, previous to the last elec-frequently, want of success has countenanced tion, had even led to the preparation of an Ad-the spirit of criticism-the constancy of your dress to declare it to you; but mature reflection support was the essential prop of the efforts, on the then perplexed and critical posture of and a guaranty of the plans by which they our affairs with foreign nations, and the unani- were effected. Profoundly penetrated with mous advice of persons entitled to my confi- this idea, Ishall carry it with me to my grave, dence, impelled me to abandon the idea. as a strong incitement to unceasing vows, that

I rejoice that the state of your concerns, ex- Heaven may continue to you the choicest toternal as well as internal, no longer renders the kens of its beneficence that your union and pursuit of inclinations incompatible with the brotherly affection may be perpetual-that the sentiment of duty or propriety; and am persua-free Constitution, which is the work of your ded whatever partiality may be retained for hands, may be sacredly maintained that its my services, that in the present circumstances administration in every department may be of our Country, you will not disapprove of my stamped with wisdom and virtue-that, in fine, determination to retire. the happiness of the people of these States, un

The impressions with which I first under-der the auspices of Liberty, may be made comtook the arduous trust, were explained on the plete, by so careful a preservation and so pruproper occasion. In the discharge of this trust, dent a use of this blessing, as will acquire to I will only say, that I have with good inten- them the glory of recommending it to the applause, the affection and adoption of every na- ples. You have in a common cause fought tion which is yet a stranger to it. and triumphed together; the independence and

Here, perhaps, I ought to stop. But solici- liberty you possess are the work of joint countude for your welfare. which cannot end but cils and joint efforts, of common dangers, sufferwith my life, and the apprehension of danger ings and successes.

natural to that solicitude, urge me, on an occа- But these considerations, however powerfulsion like the present, to offer to your solemnly they address themselves to your sensibility, contemplation, and to recommend to your fre- are greatly outweighed by those which apply quent review, some sentiments which are the more immediately to your interest. Here every result of much reflection, of no inconsiderable portion of our Country finds the most commandobservation, and which appears to me all-im-ing motives for carefully guarding and preservportant to the permanency of your felicity as a ing the union of the whole.

people. These will be offered to you with the The North, in an unrestrained intercourse more freedom, as you can only sce in them the with the South, protected by the equal laws of disinterested warnings of a parting friend, who a common Government, finds in the productions can possibly have no personal motive to bias of the latter, great additional resources of mari his counsel. Nor can I forget, as an encour-time and commercial enterprize, and precious agement to it, your indulgent reception of my materials of manufacturing industry. The sentiments on a former and not dissimilar occa- South in the same intercourse; benefiting by sion. the agency of the North, sees its agriculture

Interwoven as is the love of Liberty with grow, and its commerce expand. Turning every ligament of your hearts, no recommenda- partly into its own channels the seamen of the tion of mine is necessary to fortify or confirm North, it finds its particular navigation invigothe attachment.

rated-and while it contributes, in different

The unity of government which constitutes ways, to nourish and increase the general mass you one people, is also now dear to you. It is of the national navigation, it looks forward to justly so; for it is a main pillar in the edifice of the protection of a maritime strength, to which your real independence, the support of your itself is unequally adapted. The East, in a like tranquility at home, your peace abroad; of your intercourse with the West, already finds, and safety; of your prosperity; of that very Liber- in the progressive improvement of interior comty which you so highly prize. But, as it is easy munication, by land and water, will more and to foresce, that from different causes and from more find a valuable bent for the commodities different quarters, much pains will be taken, which it brings from abroad, or manufactures many artifices employed, to weaken in your at home. The West derives from the East minds the conviction of this truth; as this is the supplies requisite to its growth and comfortpoint in your political fortress, against which and what is perhaps of still greater consethe batteries of internal and external enemies quence, it must of necessity owe the secure enwill be most constantly and actively (though joyment of indispensable outlets for its own often covertly and insidiously) directed, it is of productions to the weight, influence, and the infinite moment that you should properly esti- future maritime strength of the Atlantic side of mate the immense value of your National Un- the Union, directed by an indissoluble commuion; to your collective and individual happi- nity of interest as one Nation. Any other tenness; that you should cherish a cordial, habitual ure by which the West can hold this essential and immoveable attachment to it; accustoming advantage, whether derived from its own sepyourselves to think and speak of it as of the arate strength, or from an apostate and unnatupalladium of your political safety and prosperi-ral connection with any foreign power, must ty, watching for its preservation with jealous be intrinsically precarious. anxiety; discountenancing whatever may sug- While, then, every part of our Country thus gest even a suspicion that it can in any event feels an immediate and particular interest in be abandoned; and indignantly frowning upon union, all the parts combined cannot fail to find the first dawning of every attempt to alienate in the united mass of means and efforts, greater any portion of our country from the rest, or to strength, greater resource, proportionably greatenfeeble the sacred ties which now link toge- er security from external danger, a less frether the various parts.

quent interruption of their peace by foreign na

For this you have every inducement of sym- tions; and, what is of inestimable value, they pathy and interest. Citizens, by birth or must derive from union an exemption from choice, of a common Country, that Country has broils and wars between themselves, which so a right to concentrate your affections. The frequently afflict neighboring countries, not tied name of AMERICAN, which belongs to you in together by the same government; which their your national capacity, must always exalt the own rivalships alone would be sufficient to projust pride of patriotism, more than any appella- duce, but which opposite foreign alliances, attion derived from local discriminations. With tachments and intrigues would stimulate and slight shades of difference, you have the same embitter. Hence, likewise, they will avoid religion, manners, habits and political princi- the necessity of those overgrown military es

tablishments, which under any form of govern-sever them from their brethren, and connect ment, are inauspicious to Liberty, and which them with aliens?

are to be regarded as particularly hostile to Re- To the efficacy and permanency of your Unpublican Liberty. In this sense it is, that your ion, a government for the whole is indispensaUnion ought to be considered as a main prop of ble. No alliances, however strict, between the your Liberty, and that the love of the one parts can be an adequate substitute; they must one ought to endear you to the preservation of inevitably experience the infractions and interthe other. ruptions which all alliances in all times have Sensible of this momentous

These considerations speak a persuasive lan experienced. guage to every reflecting and virtuous mind, and exhibit the continuance of the Union as a primary object of a patriotic desire. Is there a mate Union, and for the efficacious management

truth, you have improved upon your first essay, by the adoption of a constitution of government better calculated than your former for an inti doubt, whether a common Government can em- of your common concerns. This Government. brace so large a sphere? Let experience solve the offspring of your own choice, uninfluenced it. To listen to mere speculation in such a and unawed, adopted upon full investigation, and case were criminal, We are authorized to mature deliberation, completely free in its prinhope that a proper organization of the whole, with the auxiliary agency of governments for ciples, in the distribution of its powers, uniting security with energy, and containing within itthe respective subdivisions, will afford a happy self a provision for its own amendment, has a issue to the experiment. It is well worth a just claim to your confidence and your support. fair and full experiment With such powerful Respect for its authority, compliance with its and obvious motives to union, affecting all parts laws, acquiescence in its measures, are duties of our Country, while experiment shall not have demonstrated its impracticability, there will al- enjoined by the fundamental maxims of true ways be reason to distrust the patriotism of Liberty. The basis of our political systems is the right of the people to make and to alter those who, in any quarter, may endeavor to their constitutions of government. But the

weaken its bands.

Constitution which at any time exists, until

In contemplating the causes which may dis- changed by an explicit and authentic act of the turb our Union, it occurs as a matter of serious whole people, is sacredly obligatory upon all. concern that any grounds should have been The very idea of the power and the right of the furnished for characterizing parties, by geo- people to establish government, pre-supposes graphical discrimination-Northern and South- the duty of every individual to obey the estabern Atlantic and Western; whence designing lished Government.

men may endeavor to excite a belief, that there All obstructions to the execution of the laws, is a real difference of local interests and views. all combinations and associations, under whatOne of the expedients of party to acquire influ-ever plausible character, with the real design ence, within particular districts, is to misrepre- to direct, control, counteract or awe the regular sent the opinions and aims of other districts.- deliberation and action of the constituted authoYou cannot shield yourselves too much against rities, are destructive of this fundamental printhe jealousies and heart-burnings which spring ciple, and of fatal tendency. They serve to orfrom these misrepresentations; they tend to ganize faction-to give it an artificial and extrarender alien to each other, those who ought to ordinary force to put in the place of the delebe bound together by fraternal affection. The gated will of the Nation, the will of a party, inhabitants of our Western country have lately often a small but artful and enterprising minorhad a useful lesson on this head. They have ity of the community; and, according to the alseen in the negotiation by the Executive, and ternate triumphs of different parties, to make in the unanimous ratification by the Senate, of the public administration the mirror of the illthe Treaty with Spain, and in the universal concerted and incongruous projects of faction, satisfaction at the event throughout the United rather than the organ of consistent and wholeStates, a decisive proof how unfounded were some plans digested by common councils, and the suspicions propagated among them, of a po modified by mutual interests.

licy in the General Government and in the At- However combinations or associations of the lantic States unfriendly to their interests in re- above description may now and then answer gard to the Mississippi; they have been wit-popular ends, they are likely, in the course of nesses to the formation of two Treaties, that time and things, to become potent energies, by with Great Britain and that with Spain, which which cunning, ambitious and unprincipled secure to them every thing they could desire. men will be enabled to subvert the power of in respect to our foreign relations, towards con- the people, and to usurp for themselves the firming their prosperity. Will it not be their reins of government; destroying afterwards the wisdom to rely for the preservation of these ad- very engines which have lifted them to unjust vantages on the Union by which they were dominion.

procured? Will they not henceforth be deaf Towards the preservation of your Governto those advisers, if such there are, who would ment, and the permanency of your present happy state, it is requisite, not only that you stead-make it the interest and duty of a wise people ily discountenance irregular opposition to its to discourage and restrain it.

jected to the policy and will of another.

acknowledged authority, but also that you re- It serves always to distract the public counsist with care the spirit of innovation upon its cils, and enfeeble the public administration. It principles, however specious the pretext. One agitates the community with ill-founded jealmethod of assault may be to effect in the forms of ousies and false alarms, kindles the animosity the Constitution, alterations which will impair of one part against another; foments, occasionthe energy of the system, and thus to undermine ally, riot and insurrection. It opens the door what cannot be directly overthrown. In all the to foreign influence and corruption, which find changes to which you may be invited, remem- a facilitated access to the Government itself, ber that time and habit are at least as necessary through the channels of party passions. Thus, to fix the true character of government, as of the policy and the will of one country are subother human institutions-that experience is the surest standard, by which to test the real tendeney of the existing Constitution of a coun- There is an opinion that parties in free country-that facility in changes upon the credit of tries are useful checks upon the administration mere hypothesis and opinion, exposes to perof the Government, and serve to keep alive the petual change, from the endless variety of hy. spirit of Liberty. This, within certain limits, pothesis and opinion; and remember, especial is probably true; and in governments of a moly, that for the efficient management of your narchial cast, patriotism may look with indulcommon interests, in a Country so extensive as gence, if not with favor, upon the spirit of parCours, a Government of as much vigor as is con- ty. But in those of a popular character, in gosistent with the perfect security of Liberty, is vernments purely elective, it is a spirit not to indispensable. Liberty itself will find in such be encouraged. From their natural tendency, a Government, with powers properly distribu- it is certain there will always be enough of ted and adjusted, its surest guardian. It is, in- that spirit for every salutary purpose; and deed, little else than a name, where the Gov. there being constant danger of excess, the effort ernment is too feeble to withstand the enterpri- ought to be, by force of public opinion, to mitizes of faction, to confine each member of the so- gate and assuage it. A fire not to be quenchciety within the limits prescribed by the laws, ed, it demands uniform vigilance to prevent its and to maintain all in the secure and tranquil bursting into a flame, lest, instead of warming, enjoyment of the rights of person and property.

it should consume.

I have already intimated to you the danger It is important, likewise, that the habits of of parties in the State, with particular reference thinking in a free country, should inspire cauto the founding of them on geographical dis- tion in those entrusted with its administration, criminations. Let me now take a more com- to confine themselves within their respective prehensive view, and warn you in the most constitutional spheres, avoiding, in the exercise solemn manner against the baneful effects of of the powers of one department, to encroach the spirit of party, generally.

upon another. The spirit of encroachment

of this position. The necessity of reciprocal

This spirit, unfortunately, is inseparable from tends to consolidate the powers of all the deour nature, having its root in the strongest pas- partments in one, and thus to create, whatever sions of the human mind. It exists under dif- the form of government, a real despotism. A ferent shapes in all Governments, more or less just estimate of the love of power, and pronestifled, controled, or oppressed; but in those of ness to abuse it, which predominates in the huthe popular form, it is seen in its greatest rank- man heart, is sufficient to satisfy us of the truth ness, and is truly their worst enemy. The alternate domination of one faction over checks in the exercise of political power, by another, sharpened by the spirit of revenge, na- dividing and distributing it into different detural to party dissention, which in different positories, and constituting each the guardian ages and countries has perpetrated the most of the public weal against invasions by the horrid enormities, is itself a frightful despotism. others, has been evinced by experiments anBut this leads at length to a more formal and cient and modern; some of them in our Counpermanent despotism. The disorders and mis-try, and under our own eyes. To preserve eries which result, gradually incline the minds them must be as necessary as to institute them. of men to seek security and repose in the abso- If, in the opinion of the people. the distribution lute power of an individual; and, sooner or or modification of the constitutional powers be later, the chief of some prevailing faction, more in any particular wrong, let it be corrected by able or more fortunate than his competitors, an amendment in the way which the Constituturns his disposition to the purposes of his own tion designates. But let there be no change elevation, on the ruins of public Liberty. by usurpation; for though this, in one instance, Without looking forward to an extremity of may be the instrument of good, it is the custhis kind, (which, nevertheless, ought not to be tomary weapon by which free governments entirely out of sight,) the common and continual are destroyed. The precedent must always mischiefs of the spirit of party, are sufficient to greatly overbalance in permanent evil any par

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