243. "RATIFICATION" [Ratificare; from ratus, valid, and facere, Define to make. Litt. Sec. 515. Equivalent to "confirmare."]-Co. Litt. ratification? 2956. A confirmation of a previous act done either by the party 46. himself or by another. (Story on Agency, § 250, 251; 2 Kent's Com. 237.) Burrill's Law Dic., RATIFICATION.

"OF THE CONVENTIONS OF NINE STATES."-This was intended to leave the action to the people, as the legislatures could only make a league or treaty between the parties. Federalist, No. 43. See Story's Const. § 1850-1856, and 621.

"States" here used?

6.

"BETWEEN THE STATES RATIFYING THE SAME."--"States" is In what here used in the sense of independent governments, which could sense is, not act, however, through their legislatures; but only through the conventions of the people. But when, is not declared. That the rejection by a convention was no estoppel upon a State, is proved by the case of North Carolina, whose first convention rejected the Constitution. The condition of the non-ratifying States is not defined; but the principles of self-preservation were strongly set forth at that day. Federalist, 43; No. 2 Kent's Com. Lect. 24, 30-36; Rawle's Const. ch. 10, p. 121; Story's Coust. § 1851, 1852. ESTABLISHMENT," is here used in the same sense as the verb 1-18, 248. in the preamble: the putting the government created by the Constitution into operation.

229-232.

Ratifying extends beyond a literal definition of the term. For To what although the "new States," and the independent nation (Texas) does ratifywhich have since been admitted into the Union, cannot be said to ing extend? have ratified the Constitution in the sense of agreeing to the act done by themselves or another for them; yet in theory and in practice, they have agreed to all its obligations; and because of this agreement, every citizen for himself, and each State in its 205, 271. sovereign or corporate capacity, is bound by all the obligations which the Constitution and the amendments impose. See the able opinions in Chisholm v. Georgia. 2 Dall. 474. See Preface, p. v. Thus we see that from the first word in the preamble to the end of this stupendous work, there is a constant recurring necessity to carefully weigh every word and phrase; to arrive at the defiuitions by consulting the whole context, and interpreting each part by the ordinary rules of interpreting other great laws and compacts among men; that is by the words of the instrument, its context, its reason and spirit. the old law, the mischiefs and the remedies intended to be applied; always bearing in mind the great principle, that the compact must strengthen rather than perish.

6.

fied by the

The Constitution was adopted on the 17th September, 1787, by When was the convention appointed in pursuance of the resolution of the the ConstiCongress of the Confederation. of the 21st February, 1787, and tution ratiwas ratified by the conventions of the several States, as follows, States? viz-Of Delaware, on the 7th December, 1787; Pennsylvania, 12th Dec., 1787; New Jersey, 18th Dec., 1787; Georgia, 2d Jan., 229, 230. 1788: Connecticut, 9th Jan.. 1788; Massachusetts, 6th Feb., 1788; Maryland, 28th April, 1788; South Carolina, 23d May, 1788; New Hampshire, 21st June, 1788; Virginia, 26th June, 1788; New York, 26th July, 1788; North Carolina, 21st Nov. 1789; Rhode Island, 29th May, 1790. North Carolina rejected it at its first convention. Story's Const. § 1851.

When were

the amend ments proposed?

What was the object of the amendments?

What restrictions as to religion,

speech, the

press, and

right of pe

tition?

Define

"establish

ment"?

244. AMENDMENTS TO THE CONSTITUTION.-These thirteen articles proposed by Congress, in addition to, and amendment of the Constitution of the United States, having been ratified by the legislatures of the requisite number of the States, have become parts of the Constitution. The first ten amendments were proposed by Congress at its first session, in 1789. The eleventh was proposed in 1794, the twelfth in 1803, and the thirteenth and fourteenth (in note 275), as explained in notes 274, 275-285. Brightly's Dig. p. 12, note (a).

For the reasons which led to these amendments, see 2 Elliot's Debates, 331, 380-427; 1 Id. 119-122; 3 Id. 139, 140, 149, 153; Story's Const. § 1857-1868; 2 American Museum, 423, 425; Id. 534; Id. 540-546; Id. 553; 2 Kent's Com. Lect. 24; Federalist, No. 84; 1 Lloyd's Debates, 414, 420, 430-447. And see the History of the Rebellion for the 13th and 14th.

The whole object seems to have been to limit the powers of the government by the prohibitory power of a bill of rights, notwithstanding the government was one of limited powers, and contained many restrictions in the shape of a bill of rights. Story's Const. § 1857-1862.

ARTICLE I.

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.

245. "ESTABLISHMENT."-Here it means a system of religion recognized and supported by the State: as the Establishment or 93, 104, 243. Established Church of England. Worcester's Dictionary, ESTAB LISHMENT; Story's Const. § 1871.

What is religion? 481.

What was

242.

OF RELIGION."—[Lat. Religio, from re and ligo to bind.]—An acknowledgment of our obligation to God as our creator, with a feeling of reverence and love, and consequent duty of obedience to him, &c. Here a particular system of faith or worship. Worcester's Dic., RELIGION. Webster, 1d. for a more comprehensive definition.

The real object of the amendment was, not to countenance, much the object? less to advance Mahometanism, or Judaism, or infidelity, by pros trating Christianity; but to exclude all rivalry among Christian sects, and to prevent any national ecclesiastical establishment which would give to a hierarchy the exclusive patronage of the national government. Story's Const. § 1877; 2 Lloyd's Debates, 195-197. For a discussion of the subject, see 2 Kent's Com. (11 ed.) Lect. 24, pp. 35-37; notes 1, a, b, c. d. Rawle's Const. ch. 10, pp. 121, 122; Montesq. Spirit of Laws, B. 24, ch. 3, 5; 1 Tuck. Black. Com. App. 296; 2 Id. note G, pp. 10, 11; 4 Black. Com. 41-59; Lord King's Life of Locke, 373; Jefferson's Notes on Vir

ginia, 264-270; Story's Const. § 1870-1879; People v. Ruggles, Object. 8 Johns. 160; Vidal v. Girard's Executors, 2 How. 127.

This, and the clause in the VIth Article, that "no religious test shall ever be required for office," are the only provisions in the federal Constitution upon the subject. Ex parte Garland, 4 Wallace, 397.

No restraint is placed on the action of the States; but the whole Is the repower over the subject of religion is left exclusively to the State straint upon governments. (Story's Const. § 1878.) Ex parte Garland, Id.

the action

of the

243-245.

This makes no provision for protecting the citizens of the respec- States? tive States in their religious liberties; that is left to the State constitutions; nor is there any inhibition imposed by the Constitution of the United States in this respect on the States. (Permoli v. First Municipality, 3 How. 589, 609; Ex parte Garland, 4 Wall. 399.

17.

This court now holds the provision in the Constitution of Missouri void, on the ground that the federal Constitution forbids it. (Such as a test oath to priests.) Ex parte Garland, 4 Wallace, 398. 142, 143. See the subject fully discussed in 1 Kent's Com. 11th edition, Part IV. sec. XXIV. p. 633; Story's Const. § 1870-1879; Andrew v. The Bible, &c., Society, 4 Sandf. N. Y. 156; Ayers v. M. E. Church, 3 Id. 351.

of the common

Christianity is not a part of the municipal law. Andrew v. N. Y. Is Christi& P. B. Society, 4 Sandf. N. Y. R. 182. With us, all religions are anity a part tolerated, and none is established: each has an equal right to the protection of the law. Ayers v. The Methodist Church, 3 Sandf. 377. law? It must be understood to extend equally to all sects, whether they What is the believed in Christianity or not, and whether they were Jews or In- extent of fidels. (Updegraff v. The Commonwealth, 11 Sergt. & Rawle, 394.) tion? Vidal v. Girard's Executors, 2 How. 198.

our tolera

such decla

This declaration (to the same effect in the Constitution of the re- What is the public of Texas) reduced the Roman Catholic Church from the high revolutionprivilege of being the only national church, to a level and an equal-ary effect of ity with every other denomination of Christians. Blair v. Odin, 3 rations? Tex. 300; Wheeler v. Moody, 9 Tex. 376. After this fundamental change, assessments and contributions could not be levied for the purpose of creating such edifices and supporting ecclesiastics, on the ground that the previous system had destined such contributions. (Antoines v. Esclava, 9 Porter, 527; Terrett v. Taylor, 9 Cr. 43.) Paschal's Annotated Digest, note 154; Blair v. Odin, 3 Tex. 300.

So far as they (the acts of Congress organizing the territories) 229, 281. conferred political rights, and secured civil and religious liberties (which are political rights), the laws of Congress were all superseded by the State Constitution; nor are any part of them in force. unless they were adopted by the Constitution of Louisiana, as laws of the State. Permoli v. First Municipality, 3 How. 610.

246. "FREEDOM OF SPEECH" [from freo, free, and dom, juris- What is diction].—Liberty: exemption from servitude. Syn. Freedom freedom? and liberty, as applied to nations, are often used synonymously. Freedom is personal and private; liberty public. Worcester's Dic., FREEDOM.

482.

Define

483.

247. "AND OF THE PRESS."-This language imports no more "freedom of than that every man shall have a right to speak, write, and publish the press "? his opinions upon any subject whatsoever, without any prior restraint, so, always, that he does not injure any person in his rights, person, or reputation; and so always that he does not thereby disturb nor attempt to subvert the government. (Rawle's Const. ch. 10, pp. 123, 124; 2 Kent's Com. Lect. 24, pp. 16-26; De Lolme, B. 2, ch. 12, 13; 2 Lloyd's Debates, 197, 198.) Story's Const. § 18801885; Paschal's Annotated Digest, note 161, p. 47; 1 Black. Com. 152, 153; Rex v. Burdett, 4 Barn & Ald. 95; De Lolme, B. 2, ch. 12, 291-297.

6, 16, 251.

Define the right to petition"?

What is the right to

bear arms?

249, 130, 175, 288, 240.

484.

What is a soldier?

248. "THE PEOPLE" here is used in the broad sense of the preamble; and a broader sense than "electors." It was never understood to apply to slaves.

"RIGHT TO PETITION."-This right is incident to a republican government. Story's Const. § 1994, 1995. The only question is as to the "GRIEVANCES" to be redressed. That must always be determined by the power of the "government" to give the redress asked. See the discussions on the 21st rule of the House of Representatives in 1838, and the debates thereon until 1846.

It is to be observed that the right is to petition the "GOVERNMENT." This must mean to address the petition to the appropriate department: to Congress, the executive, or the judiciary, accord ing to their respective jurisdictions, as prescribed by the Constitu tion and laws. The questions of jurisdiction and of right must always determine whether the redress sought can be granted.

ARTICLE II.

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.

249. This clause has reference to a free government, and is based on the idea, that the people cannot be oppressed or enslaved, who are not first disarmed. Cockrum v. The State, 24 Tex. 401. See Tucker's Black. Com. upon the Militia, App. 300; Black. Com. 143, 144; Rawle's Const. ch. 10, pp. 126, 127; 2 Lloyd's Debates, 23.

The President, by order, disbanded the volunteer companies of the District of Columbia, in November, 1867. His right to do so has been denied.

ARTICLE III.

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.

250. "No SOLDIER."-SOLDIER, a man engaged in military service; one whose occupation is military; a man enlisted for

service in an army; a private or one in the ranks. Dic., SOLDIER.

Webster's Definition.

"SHALL BE QUARTERED IN ANY HOUSE."-TO QUARTER is to station soldiers for lodging. Webster's Dic., QUARTER.

The object is to secure the perfect enjoyment of that great right of the common law, that a man's house shall be his own castle, privileged against all civil and military intrusion. Story's Const. $ 1900.

"THE OWNER" here means the occupant in possession.

ARTICLE IV.

The right of the people to be secure in their persons, Warrants! 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.

251. "THE PEOPLE " is here used in as comprehensive a sense Who are the as in the preamble, and perhaps in a more enlarged sense than people? there or elsewhere. It embraces all the inhabitants-citizens and aliens-who are entitled to the protection of the law. The slaves 6, 16, 93, 220, were never treated as a part of this "people." The provision 221, 245, 253. is indispensable to the full enjoyment of the rights of personal security, personal liberty, and private property. Story's Const.

$ 1902.

"SEARCHES AND SEIZURES," are always unreasonable when they When unare without authority of law. It was intended to prevent domi- reasonable? ciliary visits and arbitrary arrests, which are the natural fruits of unrestricted power.

252. "AND NO WARRANT," &c.—[0. Fr. quarent; Lomb. warens.] What is a -An authority to do some judicial act; a power derived from warrant? a court, to take some person or property. Burrill's Law Dic.,

WARRANT.

257.

This refers only to process issued under authority of the United To what States. Smith v. Maryland, 18 How. 71. And it has no applica- confined? tion to proceedings for the recovery of debts, as a treasury distress warrant. Murray's Lessee v. Hoboken Land & Improvement Co. Id. 272. See Ex parte Burford, 3 Cr. 448; Wakely v. Hart, 6 Binn. 316; 1 Opin. 229; 2 Id. 266. See Ex parte Milligan, 4 Wall. 119. It was caused by the practice of issuing general warrants. Story's Const. § 1902. See Moody v. Beach, 3 Burr. 1743; 4 Black. Com. 291, 292; 15 Hansard's Parliamentary History, 13981419 (1764); Bell v. Clapp, 10 Johns. 263; Sailley v. Smith, 11 Johns. 500; Report and Resolutions of the Virginia Legislature, 25th Feb. 1799; 4 Jefferson's Correspondence, justifying arrests by Wilkinson, 75-136; Story's Const. § 1902, note 2.