WE
the Delegates of the People of the State of New York, duly elected and Met in
Convention, having maturely considered the Constitution for the United States of America, agreed to on
the seventeenth day of September, in the year One thousand Seven hundred and
Eighty seven, by the Convention then assembled at Philadelphia in the
Common-wealth of Pennsylvania (a Copy whereof precedes these presents) and
having also seriously and deliberately considered the present situation of the United
States, Do declare and make known.
That all Power is originally
vested in and consequently derived from the People, and that Government is
instituted by them for their common Interest Protection and Security.
That the enjoyment of Life,
That the Powers of
Government may be reassumed by the People, whensoever it shall become necessary
to their Happiness; that every Power, Jurisdiction and right, which is not by
the said Constitution clearly
delegated to the Congress of the United States, or the departments of the
Government thereof, remains to the People of the several States, or to their
respective State Governments to whom they may have granted the same; And that
those Clauses in the said Constitution, which declare, that Congress shall not have or
exercise certain Powers, do not imply that Congress is entitled to any Powers
not given by the said Constitution; but such Clauses are to be construed either
as exceptions to certain specified Powers, or as inserted merely for greater
Caution.
That the People have an
equal, natural and unalienable right, freely and peaceably to Exercise their
Religion according to the dictates of Conscience, and that no Religious Sect or
Society ought to be favored or established by Law in preference of others.
That the People have a right
to keep and bear Arms; that a well regulated Militia, including the body of the
People capable of bearing Arms, is the proper, natural and safe defense of a
free State;
That the Militia should not
be subject to Martial Law except in time of War, Rebellion or Insurrection.
That standing Armies in time
of Peace are dangerous to
That in time of Peace no
Soldier ought to be quartered in any House without the consent of the Owner,
and in time of War only by the Civil Magistrate in such manner as the Laws may
direct.
That no Person ought to be
taken imprisoned or disseised of his freehold, or be exiled or deprived of his
Privileges, Franchises, Life,
That no Person ought to be
put twice in Jeopardy of Life or Limb for one and the same Offence, nor, unless
in case of impeachment, be punished more than once for the same Offence.
That every Person restrained
of his
That excessive Bail ought
not to be required; nor excessive Fines imposed; nor Cruel or unusual
Punishments inflicted.
That (except in the
Government of the Land and Naval Forces, and of the Militia when in actual
Service, and in cases of Impeachment) a Presentment or Indictment by a Grand
Jury ought to be observed as a necessary preliminary to the trial of all Crimes
cognizable by the Judiciary of the United States, and such Trial should be
speedy, public, and by an impartial Jury of the County where the Crime was
committed; and that no person can be found Guilty without the unanimous consent
of such Jury. But in cases of Crimes not committed within any County of any of
the United States, and in Cases of Crimes committed within any County in which
a general Insurrection may prevail, or which may be in the possession of a
foreign Enemy, the enquiry and trial may be in such County as the Congress
shall by Law direct; which County in the two Cases last mentioned should be as
near as conveniently may be to that County in which the Crime may have been
committed. And that in all Criminal Prosecutions, the Accused ought to be
informed of the cause and nature of his Accusation, to be confronted with his
accusers and the Witnesses against him, to have the means of producing his
Witnesses, and the assistance of Council for his defense, and should not be
compelled to give Evidence against himself.
That the trial by Jury in the
extent that it obtains by the Common Law of England is one of the greatest
securities to the rights of a free People, and ought to remain inviolate.
That every Freeman has a
right to be secure from all unreasonable searches and seizures of his person his
papers or his property, and therefore, that all Warrants to search suspected
places or seize any Freeman his papers or property, without information upon
Oath or Affirmation of sufficient cause, are grievous and oppressive; and that
all general Warrants (or such in which the place or person suspected are not
particularly designated) are dangerous and ought not to be granted.
That the People have a right
peaceably to assemble together to consult for their common good, or to instruct
their Representatives; and that every person has a right to Petition or apply
to the Legislature for redress of Grievances.-That the Freedom of the Press
ought not to be violated or restrained.
That there should be once in
four years an Election of the President and Vice President, so that no Officer
who may be appointed by the Congress to act as President in case of the
removal, death, resignation or inability of the President and Vice President
can in any case continue to act beyond the termination of the period for which
the last President and Vice President were elected.
That nothing contained in
the said Constitution is to be
construed to prevent the Legislature of any State from passing Laws at its
discretion from time to time to divide such State into convenient Districts,
and to apportion its Representatives to and amongst such Districts.
That the Prohibition
contained in the said Constitution against
ex post facto Laws, extends only to Laws concerning Crimes.
That all Appeals in Causes determinable
according to the course of the common Law, ought to be by Writ of Error and not
otherwise.
That the Judicial Power of
the United States in cases in which a State may be a party, does not extend to
criminal Prosecutions, or to authorize any Suit by any Person against a State.
That the Judicial Power of
the United States as to Controversies between Citizens of the same State
claiming Lands under Grants of different States is not to be construed to
extend to any other Controversies between them except those which relate to
such Lands, so claimed under Grants of different States.
That the Jurisdiction of the
Supreme Court of the United States, or of any other Court to be instituted by
the Congress, is not in any case to be increased enlarged or extended by any
Fiction Collusion or mere suggestion;-And That no Treaty is to be construed so
to operate as to alter the Constitution of any State.
Under these impressions and
declaring that the rights aforesaid cannot be abridged or violated, and that
the Explanations aforesaid are consistent with the said Constitution, And in confidence that the Amendments which
shall have been proposed to the said Constitution will receive an early and mature Consideration:
We the said Delegates, in the Name and in the behalf of the People of the State
of New York Do by these presents Assent to and Ratify the said Constitution. In full Confidence nevertheless that until a
Convention shall be called and convened for proposing Amendments to the said Constitution, the Militia of this State will not be
continued in Service out of this State for a longer term than six weeks without
the Consent of the Legislature thereof;-that the Congress will not make or
alter any Regulation in this State respecting the times places and manner of
holding Elections for Senators or Representatives unless the Legislature of
this State shall neglect or refuse to make Laws or regulations for the purpose,
or from any circumstance be incapable of making the same, and that in those
cases such power will only be exercised until the Legislature of this State
shall make provision in the Premises;-that no Excise will be imposed on any
Article of the Growth production or Manufacture of the United States, or any of
them within this State, Ardent Spirits excepted; And that the Congress will not
lay direct Taxes within this State, but when the Monies arising from the Impost
and Excise shall be insufficient for the public Exigencies, nor then, until
Congress shall first have made a Requisition upon this State to assess levy and
pay the Amount of such Requisition made agreeably to the Census fixed in the
said Constitution in such
way and manner as the Legislature of this State shall judge best, but that in
such case, if the State shall neglect or refuse to pay its proportion pursuant
to such Requisition, then the Congress may assess and levy this States proportion
together with Interest at the Rate of six per Centum per Annum from the time at
which the same was required to be paid.
Done in Convention at
By Order of the Convention.
GEO:
Attested
JOHN McKESSON
ABM B. BANCKER
Secretaries-
AND
the Convention do in the Name and Behalf of the People of the State of New York
enjoin it upon their Representatives in the Congress, to Exert all their
Influence, and use all reasonable means to Obtain a Ratification of the
following Amendments to the said Constitution in the manner prescribed therein; and in all
Laws to be passed by the Congress in the meantime to conform to the spirit of
the said Amendments as far as the Constitution will admit.
That there shall be one
Representative for every thirty thousand Inhabitants, according to the
enumeration or Census mentioned in the Constitution, until the whole number of
Representatives amounts to two hundred; after which that number shall be
continued or increased but not diminished, as Congress shall direct, and
according to such ratio as the Congress shall fix, in conformity to the rule
prescribed for the Apportionment of Representatives and direct Taxes.
That the Congress do not
impose any Excise on any Article (except Ardent Spirits) of the Growth
Production or Manufacture of the United States, or any of them.
That Congress do not lay
direct Taxes but when the Monies arising from the Impost and Excise shall be
insufficient for the Public Exigencies. nor then until Congress shall first
have made a Requisition upon the States to assess levy and pay their respective
proportions of such Requisition, agreeably to the Census fixed in the said
Constitution, in such way and manner as the Legislatures of the respective
States shall judge best; and in such Case, if any State shall neglect or refuse
to pay its proportion pursuant to such Requisition, then Congress may assess
and levy such States proportion, together with Interest at the rate of six per Centum
per Annum, from the time of Payment prescribed in such Requisition.
That the Congress shall not
make or alter any Regulation in any State respecting the times places and
manner of holding Elections for Senators or Representatives, unless the
Legislature of such State shall neglect or refuse to make Laws or Regulations
for the purpose, or from any circumstance be incapable of making the same; and
then only until the Legislature of such State shall make provision in the
premises; provided that Congress may prescribe the time for the Election of
Representatives.
That no Persons except
natural born Citizens, or such as were Citizens on or before the fourth day of
July one thousand seven hundred and seventy six, or such as held Commissions
under the United States during the War, and have at any time since the fourth
day of July one thousand seven hundred and seventy six become Citizens of one
or other of the United States, and who shall be Freeholders, shall be eligible
to the Places of President, Vice President, or Members of either House of the
Congress of the United States.
That the Congress do not
grant Monopolies or erect any Company with exclusive Advantages of Commerce.
That no standing Army or
regular Troops shall be raised or kept up in time of peace, without the consent
of two-thirds of the Senators and Representatives present, in each House.
That no Money be borrowed on
the Credit of the
That the Congress shall not
declare War Without the concurrence of two-thirds of the Senators and
Representatives present in each House.
That the Privilege of the
Habeas Corpus shall not by any Law be suspended for a longer term than six
Months, or until twenty days after the Meeting of the Congress next following
the passing of the Act for such suspension.
That the Right of the
Congress to exercise exclusive Legislation over such District, not exceeding
ten Miles square, as may by cession of a particular State, and the acceptance
of Congress, become the Seat of the Government of the United States, shall not
be so exercised, as to exempt the Inhabitants of such District from paying the
like Taxes Imposts Duties and Excises, as shall be imposed on the other
Inhabitants of the State in which such District may be; and that no person
shall be privileged within the said District from Arrest for Crimes committed,
or Debts contracted out of the said District.
That the Right of exclusive
Legislation with respect to such places as may be purchased for the Erection of
Forts, Magazines, Arsenals, Dockyards and other needful Buildings, shall not
authorize the Congress to make any Law to prevent the Laws of the States
respectively in which they may be, from extending to such places in ail civil
and Criminal Matters except as to such Persons as shall be in the Service of
the United States; nor to them with respect to Crimes committed without such
Places.
That the Compensation for
the Senators and Representatives be ascertained by standing Laws; and that no
alteration of the existing rate of Compensation shall operate for the Benefit
of the Representatives, until after a subsequent Election shall have been had.
That the Journals of the
Congress shall be published at least once a year, with the exception of such
parts relating to Treaties or Military operations, as in the Judgment of either
House shall require Secrecy; and that both Houses of Congress shall always keep
their Doors open during their Sessions, unless the Business may in their
Opinion requires Secrecy. That the yeas & nays shall be entered on the
Journals whenever two Members in either House may require it.
That no Capitation Tax shall
ever be laid by the Congress.
That no Person be eligible
as a Senator for more than six years in any term of twelve years; and that the
Legislatures of the respective States may recall their Senators or either of
them, and elect others in their stead, to serve the remainder of the time for
which the Senators so recalled were appointed.
That no Senator or
Representative shall during the time for which he was elected be appointed to
any Office under the Authority of the
That the Authority given to
the Executives of the States to fill the vacancies of Senators be abolished,
and that such vacancies be filled by the respective Legislatures.
That the Power of Congress
to pass uniform Laws concerning Bankruptcy shall only extend to Merchants and
other Traders; and that the States respectively may pass Laws for the relief of
other Insolvent Debtors.
That no Person shall be
eligible to the Office of President of the United States a third time.
That the Executive shall not
grant Pardons for Treason, unless with the Consent of the Congress; but may at
his discretion grant Reprieves to persons convicted of Treason, until their
Cases, can be laid before the Congress.
That the President or person
exercising his Powers for the time being shall not command an Army in the Field
in person, without the previous desire of the Congress.
That all Letters Patent,
Commissions, Pardons, Writs and Process of the United States, shall run in the
Name of the People of the United States, and be tested in the Name of the
President of the United States, or the person exercising his powers for the
time being, or the first Judge of the Court out of which the same shall issue,
as the case may be.
That the Congress shall not
constitute ordain or establish any Tribunals or Inferior Courts, with any other
than Appellate Jurisdiction, except such as may be necessary for the Trial of
Causes of Admiralty and Maritime Jurisdiction, and for the Trial of Piracies
and Felonies committed on the High Seas; and in all other Cases to which the
Judicial Power of the United States extends, and in which the Supreme Court of
the United States has not original Jurisdiction, the Causes shall be heard
tried, and determined in some one of the State Courts, with the right of Appeal
to the Supreme Court of the United States, or other proper Tribunal to be
established for that purpose by the Congress, with such exceptions, and under
such regulations as the Congress shall make.
That the Court for the Trial
of Impeachments shall consist of the Senate, the Judges of the Supreme Court of
the United States, and the first or Senior Judge for the time being, of the
highest Court of general and ordinary common Law Jurisdiction in each
State;-that the Congress shall by standing Laws designate the Courts in the
respective States answering this Description, and in States having no Courts
exactly answering this Description, shall designate some other Court,
preferring such if any there be, whose Judge or Judges may hold their places
during good Behavior-
Provided that no more than
one Judge, other than Judges of the Supreme Court of the United States, shall
come from one State- That the Congress be authorized to pass Laws for
compensating the said Judges for such Services and for compelling their
Attendance- and that a Majority at least of the said Judges shall be requisite
to constitute the said Court-that no person impeached shall sit as a Member
thereof. That each Member shall previous to the entering upon any Trial take an
Oath or Affirmation, honestly and impartially to hear and determine the
Cause-and that a Majority of the Members present shall be necessary to a
Conviction.
That persons aggrieved by
any Judgment, Sentence or Decree of the Supreme Court of the United States, in
any Cause in which that Court has original Jurisdiction, with such exceptions and
under such Regulations as the Congress shall make concerning the same, shall
upon application, have a Commission to be issued by the President of the United
States, to such Men learned in the Law as he shall nominate, and by and with
the Advice and consent of the Senate appoint, not less than seven, authorizing
such Commissioners, or any seven or more of them, to correct the Errors in such
Judgment or to review such Sentence and Decree, as the case may be, and to do
Justice to the parties in the Premises.
That no Judge of the Supreme
Court of the United States shall hold any other Office under the United States,
or any of them.
That the Judicial Power of
the United States shall extend to no Controversies respecting Land, unless it
relate to Claims of Territory or Jurisdiction between States, or to Claims of
Land between Individuals, or between States and Individuals under the Grants of
different States.
That the Militia of any
State shall not be compelled to serve without the limits of the State for a longer
term than six weeks, without the Consent of the Legislature thereof.
That the words without the
Consent of the Congress in the seventh Clause of the ninth
Section of the first Article of the Constitution be expunged.
That the Senators and
Representatives and all Executive and Judicial Officers of the United States
shall be bound by Oath or Affirmation not to infringe or violate the
Constitutions or Rights of the respective States.
That the Legislatures of the
respective States may make Provision by Law, that the Electors of the Election
Districts to be by them appointed shall chose a Citizen of the United States
who shall have been an Inhabitant of such District for the Term of one year
immediately proceeding the time of his Election, for one of the Representatives
of such State.
Done in Convention at
By Order of the Convention.
Attested- GEO:
JOHN McKESSONN
ABM B. BANCKER
Secretaries-