want of supremacy in the general government under the confederation, that, more than any other consideration, called for a remedy. If the constitution or laws of each state were supreme in such state, the constitution of the United States could have no binding force, and there would be at the present time, no less than twenty-six supreme governments in the union, which is an absurdity. All laws, therefore, whether of the general government, or of the state governments, can have no validity after they shall have been pronounced by the supreme court of the nation to be repugnant to the constitution of the United States.

§ 556. "The senators and representatives before men❝tioned, and the members of the several state legislatures, " and all executive and judicial officers, both of the United "States and of the several states, shall be bound by oath or "affirmation, to support this constitution; but no religious "test shall ever be required as a qualification to any office 66 or public trust under the United States."-Art. 6, cl. 3.

§ 557. The nature of an oath has been explained in another place. (§ 474.) The propriety of thus binding the conscience of a public officer has ever been esteemed necessary to secure fidelity to official trusts. Oaths ought not, however, to be used on trivial occasions, as their frequency tends to weaken a sense of their obligation.

§ 558. Religious tests are, however, properly prohibited. Test here means an oath or declaration in favor of or against certain religious opinions, as a qualification for office. In England, all officers, civil and military, were obliged to make a declaration against transubstantiation, and assent to the doctrines, or conform to the rules of the established church, before they could enter upon their official duties. Such a test is inconsistent with the principles of religious liberty; and as perfect freedom in matters of religion was the main object sought by our puritan fathers in their emigration to this country, it is not strange that their immediate descendants should forbid the introduction of religious tests into their form of government.

sary

? § 556. What officers are required to take oaths of office? 557. What effect are they designed to have? § 558. What is a reliious test? Why is it improper? § 559. How many states were re

$559. "The ratification of the conventions of nine states, "shall be sufficient for the establishment of this constitution "between the states so ratifying the same."-Art. 7.

§ 560. The constitution bears date the 17th day of September, 1787; and is signed by "GEORGE WASHINGTON, President, and deputy from Virginia," and one delegate or more from each of the thirteen states, except Rhode Island, which was not represented. On the 2d day of July, 1788, the ratification of New Hampshire, the ninth state, was received by congress. On the 14th of the same month, congress adopted a resolution appointing the first Wednesday of January, 1789, for choosing presidential electors in the several states, and the first Wednesday of February for the electors to meet in their respective states for the election of president. On Wednesday the 4th of March, 1789, proceedings commenced under the constitution. On the 30th of April, George Washington, having been unanimously elected, was inaugurated as president of the United States.

§ 561. The ratifications of North Carolina and Rhode Island were not received by congress until the following year. The ratification of the former was received in January, 1790; that of the latter in June of the same year.

CHAPTER XXIX.

Amendments to the Constitution.

§ 562. THE conventions of several of the states having, at the time of their adopting the constitution, expressed a desire, in order to prevent misconstruction or abuse of its pow. ers, that additional declaratory and restrictive clauses should be added, congress, at the session begun and held in the city of New York, on the 4th of March, 1789, proposed to the

quired to ratify the constitution? § 560, 561. What is the date of the constitution? When ratified? When did the government under it commence?

§ 562. Which of the amendments were first made? § 563. What

legislatures of the several states twelve amendments, only ten of which (the ten first following) were adopted.

§ 563. "Congress shall make no law respecting the es"tablishment 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." -Article 1, of Amendments.

§ 564. To prevent the evils which had been known to flow from an alliance between the church and the state, and to secure to all, beyond question, the full and free enjoyment of religious freedom, all interference by the government in matters of religion, abridging in any degree the rights of conscience, by giving preference to any religious sect, is here expressly prohibited. Both religious and civil institutions are most secure, where religion derives no other support from government than what it receives from the protection of every citizen in its free exercise. But this protection it requires; for religious liberty cannot exist where its free enjoyment is not guarantied by law.

565, Freedom of speech and of the press is also essential in a free state. The most odious restrictions had been, in some countries, laid upon the press. It was regulated by prohibitions and licenses from the government. Publications, in some instances, were not allowed to be issued, until they had been approved by licensers. But as such restrictions are inconsistent with true freedom, the liberty of the press and of speech has been effectually guarded in this country. But no person has a right to use this liberty to the injury of others in their good name or estate.

§ 566. "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. 2.

§ 567. To deprive the people of this right, would be nothing less than to surrender them to the mercy of invaders from abroad and tyrants at home.

§ 568. "No soldier shall, in time of peace, be quartered

is the first amendment? $564, 565. What are the objects of this article? 566. What is the second article? § 567. What is its object? § 568. What is the third article? § 570. What right is secured by the

❝ in any house without the consent of the owner, nor in time "of war, but in a manner to be prescribed by law."Art. 3.

§ 569. One of the grievances endured by the people of the colonies, and which was made the subject of complaint to the British king, was the quartering of large bodies of armed troops among them, to awe them into subjection. This circumstance doubtless gave rise to this provision.

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§ 570. "The right of the people to be secure in their sons, houses, papers, and effects, against unreasonable "searches and seizures, shall not be violated; and no war"rants 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. 4.

§ 571. Nothing is more reasonable than that warrants for searches or seizures should not be issued except upon probable cause. A general authority given to an officer to search wheresover he pleases, or to arrest whomsoever he will, would expose many innocent persons to much annoyance and perplexity; and their characters might suffer from suspicion of guilt, caused by the simple fact of their having been obliged to submit to such searches or seizures.

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§ 572. "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 ser"vice 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. 5.

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573. "In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impar"tial jury of the state and district wherein the crime shall "have been committed; which district shall have been pre

fourth article? § 571. Why is this provision necessary? § 572, 573. What privileges are secured to persons charged with crime, by the fifth

"viously ascertained by law; and to be informed of the na. "ture 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 as"sistance of counsel for his defence."-Art. 6.

§ 574. The above provisions for the security and protection of property and life, are founded on the principles of common law and common justice. Some of them have been noticed in the preceding part of this work, and the others are so easily understood, as to need no explanation. That which secures to a person accused of crime, the assistance of counsel for his defence has its origin in humanity, being designed for the benefit of those who have not the means of employing counsel for themselves. In such cases, the courts assign to the accused party the necessary counsel, at the public expense.

§ 575. "In suits at common law, where the value in con66 troversy 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."-Art. 7. § 576. "Excessive bail shall not be required, nor ex❝cessive fines imposed, nor cruel and unusual punishments "inflicted."-Art. 8.

§ 577. Bail is intended as a privilege to persons arrested upon a charge of crime, by which they may enjoy the liberty of their persons until the time of trial. (§ 127.) But the sum in which a person shall be required to give bail, may be fixed so high as to render it impossible to procure the necessary sureties; thereby depriving the prisoner of the benefits of this privilege, and often subjecting the innocent to a long confinement. As the proper amount of security depends upon the nature and aggravation of the offence, it is left to the court to determine the sum. For the same reason, the precise degree of punishment to be inflicted for crimes committed, must be determined by the judge or court.

§ 578. "The enumeration, in the constitution, of certain

and sixth articles? 575. What right is secured by the seventh article? 576. What is provided by the eighth article? § 577. What is its object? § 578. What is declared in the ninth article? § 579.