The eagle — Hanover, N.H., 1799-01-01 00:00:00, page 1

HANOVER, Newbampfeire, Printed at the Northwest Corner ohCollege Square, in the Academy, BY BENJAMIN TR&E.
\ ~;_,_ . ^ = , — —^-
Volume VI.
^ CONSTITUTION of the
UNITED STATES.
.[Concluded,]
ARTICLED.
. A ""THE judicial power of the United
' ' ' A States, (hall be vetted in one fy
preine court, and in such inferior courts as the
vongrefy Qay from store w tine ordain and
eflatufh. The judges b^h Qf&fep*em&
'an,! in%r;or courts, mail h^d, their offices
during good behaviour, and (bill, at Bated
times, fe^ive for their ferviecs a corapen
fitio',, which (ball not be diminished during
their cortii&nce i» office.
See. 2. Thejudicial power &H extend
to all cites in. law and equity, arising under
uiis confutation, the hwa of, the United
States and.treaties m^dc/or which (bail be
made under their awhori^y ; to all cases
riffling aebaffadors, other public minis
ters,aad copfols ;to all cases ^f admiralty and
rnarj:ime jurddiclion; to centroverfics to
whichthe United. States (ball be a party, to
tontroverfies between two or mete fiates, be
tween a Rate and citizens ofanother Rate,
Screen citizens of different Rates, between
citizens of the fame ftzte claiming lands under
grants of.different Rates, and between ^ ftatc
or the citizens thereof, and foreign flutes,
citizens, or feljr&s.
In all ^fri affi&ieg amhafodote, ether
pubhe miniUefs, and confab, and those
in which a Rate (had be party, tt#fHpteme
court thall have original ju/Hifton, in all
the other case, before u,c.r.ficned, the fu.
preme.court'fbh have appellate junWetion,
both-# to law and fa&, with such &ee|tiabs,
~and under such regulations' as the coagrefs
fall make, ' ' ;
The trial of all crimes, except in cases of
impeachment, shall be ty jury ; and fucff tri
al shall be held in the Rate where thelaid
crimes shall have been commuted ; but
when not committed within any ftatc, the tri
alihallfocat such place or places z, the<on
ghb gray by law have ditched.
See o. T/ri&Q QZ^< ; . (& United.S:aic&
fhktl ccmfril only in levying war zfrinft them;
or in adhering to their eDc^ias, gi<i% teem
aid and comfort. No pcifon ibail be con
vince of treafoß Uriahs do the ti^imbny of
two'witnefles to the fame overt adl, or on
coofeffion in open court. r v
< Th- corgreh (Bail have power to declare
the pumfhmen: of tregion, but no a%uhider
of tr^afon @1 work corruption of blood, or
forfeiture, except during the life of thepetfon
attainted.,
ARTICLE IV.
Sec. 1. Full faith and credit (ball be giv
en in each ftatc to the public aQi, records,
and judicial preceding, of every other Rate.
And the congress may by general laws pre
scribe the banner io which such alts, records,
and proceedings fall be proved, and the tf
feS thereof.
See: 2. Thccitizcn&of each flute shall be
entitled to all privileges and immunities cf
citing in the feverri &ts.
A perform charged in any Rate with treason,
felony, or other crime, who Ihaft flee from
juitice, apd be found in another Bate, fall;
vndemand of the executive authority of the
fiate from which he fled, be delivered up, to
berated to the Bate having jarifdt&ipn
, of Tec crime.
r No person held to fervicepr labour in one
Bate, under the laws thereof, deeping into
another, (hall in confanence of ah, law or
regulation therein, be difebarged from such
service or labour, but fall be delivered up
on claim of the party to whom such service
ar labour mav Le due.
Sec. g. New Rates may be admitted by
the congress into this union: Bin no new
ftatc &mte formed or ere&d within the
^ jarifdiaion of any ©tfief Rate; nor any fl^te
be formed by the junction of two or more
gates, or parts of Rates, without the content
of the legiflaturcs of the fates concerned, at
welt,sCT the ccnr,cfs.
f The cotgre& inaU have power to difyofo
of and make aU needful rbles, and regulations
refpe&i'ng the territory or other property be
.longing tpfe. tyi@&&ztefr # ; and hMlifog
in this CQDftitUUoo Alii beTo confirmed M to
prejudice any claims of the United Stitei, of
of any particular Bate.
&c. 4. The UriiQSt^cs (ball guarantee
to cv^y state ia rhisunicn, a republican form
of government; and Ihall pr&te& <acb of
them against irivafidn ; and up @fc,fyn
of the Nature, or of tfc exfcut^<(wbrn
the legXliture cannot be convened) agaiiM
demeffic nc^ence.
ARTICLE V.-
The congress, whenever two thirds of both
koufes (haw deem it neceLry, shall prepofc
—"'~'"'''"^^
amendments to this conftitatiom, or, on the
; application of the legiflaturcs of two thirds
; of the several states, shall call a convention
;for proposing amendments, which, in either
; case, (ball be valid to all intents and purpo-;
!fee, as part of this cenftitution, when ratified,
by the legiflaturesof :hrecfourths of the fever-|
el states, or by conventions in three fourths j
thereof, as the one or the other mode of rati-1
°fixation may be proposed by. the congress,
;Provide That no^ amendments which.ffiQ
'fcgnadhpriOT ro th6 year one frrtrfaad, c%ht|
'ijuhdred, ^nd eight frail in any manner affedl
'the firft>nd fourth chufes in the ninth fe^ion 1
of the'&ft article ; and that no fate, withoutj
its c^f^nib thall be deprived of its equal fuf
>trage in the senate.
ARTICLE VI. ,
I. All debts cotitraEled, and engagements en-1
'tered into, before the adoption of this confti
tu^on, shall be as valid agzinft the United
' Stites under this confutation, as under the
'confederation. '
This conflitutioo, and the laws of the U
' rated Stites uhich {hail be made in purfuapce
' thereof ; and all treaties made, or which 1
' ihall be made under the authority of the U-;
nued States, fhill.be the fupremeJaws of the ;
•hod ; and the judges in every flaveftha!) be ,
bound thereby, any thing in the conftitu ton 1
or lawsof any ftatc to the contrary natwalv'
(landing.l
The fenaters and repreferta fives Before 1
mentioned, a<d tlie'inerobers of the several ;
ftatc taifUtarts, and all cw copve and jgdi-1
ciil officers, Iwth cf the Unbed Setter and of
the federal llares, ffirti be bound by each or
affirmation, tv fitypert this cunßitution : But
; ro religious test ihali ever be required as a
qualiScattOT ty eny office or public trull under
1 the United Status,
( ARTICLE VII.
I N The.ratification of (he conventions of nine
; Dates fhull be fufficient for the ettablilhment
tof this conQituuon between the fhtc&fo ratfy
;lying the fame.
j CONGRESS of the United States, begun
; and held at life city,of New-York, vu
|tiurcUpd (even bw deed and eighty-nine.
The Conventions of a number of the States hav
ing at the time oj their adopting the Confti
tutjon, expreftd c dfire, in order to prevent
mzJ'conJlru6wn ur abuse of its takers, that
further declaratory and TeJiribiive elaufes
jhould he added:: And as extending the
ground of futLe confidence in the govern
ment usl bejt enJure the beneficent ends of its
institution —.
T) ESOLVED, by the Senate and Hovfe of
A.. Rrprjentdtives cf the United States of
America in Congress affimbled, Two thirds of
both houses concurring, that the following
article's be proposed to the legislatures of the
'federal States, asaakndmcat6 to rhe Co'nfti
tutibn of the United States, all or any cf
which articles, when r^tified'hv three fourths
of me fridlegiflamreb, to be vdid to ^ll in.
tents ard purposes, as part of tb't <Lidc&nßi
tution, viz.
' Articles in addition to, and amendments of, the
Conjiitution of the United States of America,
' propped by Congress, and ratified by the de^
iflatures of the feveraf States, purfuartt &
the fifth article of the original Conjhtation.
Article the JirJL After the firff enumeri
arinn required by theirft article of the coh-
Qitutioo; tbe'q; (half b.e one reprefenthtipe
^ fofev^ry thirty thousand, until the nattier
shill amount to one hundred, after whith &
proportion (hall be ft) regulated ttycongreb,
that there shall be not left than one hundred
reprefent^tives, nor left than one reprefenta
t;vc for every forty thousand perfous, until
the number of reprefentative# (hall amount
to two hundred ; after which the ' proportion,
(halt be so regetatedby congress, that there
?4hall hot be I*l than two hundred representa
tives, nor more than one representative for
every fifty thousand perfoni.
lArticle the feeond. No law varying the
corppQfaicn for the ferviceiof the fenatora
and repreferifatita, Jball take effea, until *tt
eleaioq of rcprefeoutivci fall have inter
vened.
Artic'e the third, Congress (hall make no
law resetting an eftabliihment of religion,
or prohibiting the free exercises thereof, or
/abridging the freedom of fpecch, or of the
prtfs; or the right of the people peaceably
to affem bte, and to petition the government;
for a redrefi of grievances. ;
Article tie fourth. A well regulated mi,;
litia being necessary to the security of a free|
Bate, -the right ofthe people to keep and bear
armffhaM not be infringed, f?'^
Article the fifth. No soldier fhril in time
of peace be quartered in any house without
the confetti of the owner; nor so time of
TUESDAY, Januan i, !799-
=^ffit^et±=m±mtom=z±
war;it iu a manner to be prescribed by
law.
Art he the fxtk. The right of the people
to be cure in their persons, houses, papers,
i and efreb, agzinft unreasonable searches &
, feizurf, (hall not be violated ; and no war
grants mail issue, but upon probable cause,
ifuppefted by oath or affirmation, and partic
lularl/defcribing the place to be searched, &
' the pfafeus or things to be feted.
;Article, the seventh. No ptsfofi (ball be
field to answer for a capital, or otherwise in- 1
:famous crime, unless on a presentment or in-
Ilament1 lament of a grand jury, except in cases a
-1 ifing in the land or naval forces, or in the
nilitja when in a&ual service in time of war
?r public danger ; nor shall any person be
I u6je& foe the fame offence to be twice put
| in jeopardy of life or limb ; nor (ball be
p^mpclled in any criminal case, to be a wit
ness againU himfelf, nor be deprived of life,
perty, or property, without due ptocefs of
lw ; nor shall private property be takeg for
mblic use without just compemfation.
^Article the eighth. In all criminal profe
-Ications, tl^c accused shall enjoy the right to a
} ffcdy and public trial, by an impartial jury
I onthe State and diftrid wherein the crime
;tyl have been committed, which diftrid
ifhalb have been ptevioufly afeertained by law,
Gs4tofc^-informed of the nature and cause
I of the accusation ; to be confronted with the
I witaeffes against him ; to have compulsory
!procefs for obtaining witnesses in bis favour,
lagdlagd to have the sffiflacce of counsel for his
defence.
Article the ninth" . To faits at common
law, where the value in cootroverfy shall ex
ceed twenty dollars, the right of trial by ju
ry, shall be preserved, and no fa& 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.
Article the tenth. Excessive bail shall not
be required, tor excessive fines imposed, nor
cruel and unusual puniffiments inflicted.
Article the eleventh. The enumeration in
the conftitation of certain rights, shall not be
coallrued to deny or disparage others retain
¥./j,'(4p f ¥ # b- —
rtfeic^ the twelfth. The powers not dele
gated to the United States by the confutation,
nor Prohibited by it to the States, are reserv
ed u the States refpe&ively, or to the peo
p'e/'
^ All these articles, except the JirJl and
femd, were adopted^ and became a part of the
couitutira.
IR EPO R T.
2 e Committee appointed to prepare a refpe&-
ful Address to the PreJident of the United
States, pursuant to the resolution of the loth
infant, report the following
ADDRESS
ofthe House of Repre/entatives to the Pref
dent of the United States, in answer to his
, ^CTnunication made to both Houses oj Can
fref at the commencement of the present fef-
JOHN lADAMS, Resident of the
.\ United States.
SIR,I
"rHE Hqife of Reprefentatiyes u
£ nire wifo you in deploring theef
fefts of the llefolati; g " iQalady" by
which " theteat of government." and
other pans of'ouf country,have recent
ly " been vifred." Id calling our at
tention to the fatality ofcita “ repeat
ed ravages,7 and inviting us to con
fider the expediency ofexercifing our
conltitutional powers «' in aid of the
health laws, of the refpedive flaxes,-'
four recommendation is fanaioned by
far dictate# of humanity and liberal
policy. On this interesting fubjea we
feel the necessity of adopting every wife
expedient for preventing a calamity so
distressing to individual 'fufFeters, arid,
so prejudicial to our national com
merce. '
\fla|oy< "finances" are in a " pref
perousflate,' potwithftanding the com
mercial derangement# refuhing from
this calamity, bad from external “ em
barraffmetrts," is a fatisfaftory manr &
fefefer bflthe great extent and soli
dity of the public resources." Con,-,
'netted with thn fixation of oar fifda!
concerns, thi " assurance" that & 4e^>
I gai provisions for obtaining revenue by
dire& taxation will ''fuitil the views of
efrtyiUiura," is particularly ac
;^C^ ble&
Deftrawstyte„t are that all caffes of
hostility may be exterminated by the 1
" amicable adjustment of nationaldi ~
Terences," we learn with fstisfiaion,
that, in pursuance of our treaties with
Spain and with Great Britain, advanc
es h,ve been made for definitively fet
tling the controversies relative to the
southern and the north caflern limits of
the United States. With similar fenri
ments have we received your informa
tion, that the proceedings under com
missions aurhori fed by the fame treat
ies, afford to a fefpe&able portion of
our citizens, the profpeft of a final de
cifton en their claims for maritime in
juries committed by fubjeds of those
bowers.
B It would be the theme of mutual fe
licitation, were we affared ofexperi
encing similar moderation and justice
from the French republic between
which and the United States differences
have unhappily arisen. But this is de- r
nied us by " the ultimate failure of the
measures which have been taken" by
this government “ towards an amica
ble adjoftment of those differences" &
by the* various " ioadmiffibie preten
sion," on the part of that nation.
The continuing " in force" the de
cree of January laff/to which you have
more particularly pointed out atten
tion, ought, of itfelf, to be c^nfidered
as demonstrative of the real intention#
of " the French government" —That
decree proclaims a predatory warfare
against the unquestionable rights of
neutral commerce ; which our "means"
of defence, our “ interest," andeur
" honour," command us to repri. It,
therefore, now becomes the United
Spares to be as determined in '' resist•
ance" as they-have been patient in fuf
fering, and condefcendiag in negotia
tion.
_,!Ytole those who diuct tbe4&ir,<s6
France peifift in the enforcement of de
crees so hostile to our " cffenrial
rights," their conduct forbids us to
confide in any of their profeffions of
amity.
As therefore '' the conduft of France
hitherto" exhibits " nothing which
ought to change or relax out measures
of defence," the “ policy" of '^extend
ing and invigorating those measure%"
demands our feduhus attention. Tho
" futden and remarkable advantages"
which this country ha# experienced
from a small naval armament, fuffi
cienily prove the utility of its " eftab
lifhmcnr." As it refpefts the guard
ing of our coast, the protection of out
trade, and the facility of firfely tranf
po^i/ig the means 6f tei ricvrial de v
fence to every part of our maritime
frontier, an adequate " naval force"
mnfl be confideied as ;n " important
übjea ro of national policy. Nor do
we hesitate to adopt the opinion, that,
whether negotiations whh France are
vefumed br not, “ vigorous prepara
tion# for war will be alike iadifpenfi.
bie."
In this conjundure of affairs, while
with you we recognize our " abun.
dant" cause of f gratitude' 'to the Sts
preme Difyofer of creels for " theor -
dinary blessings of Providence," we re
gard, as of high national "import
ance" the manirettatido, 'f in out coun
try," of a magnanimous fpirifofi^
ance to foreign domination. Titis f,i„
' it merits to be cherished and " invigo
rated by every branch dfgovernment,"
as the estimable pledge c: '' national
prosperity and glory,"
Disdaining a reliance on foreign pro
te&ion ; wanting no foreign guaran
tee ofour liberties ; refolding to main
tain bur national independence against
every accemp: to despoil us of this inef
tigMble (teafare, we confide, under -
Providence, in the pattiotifm and en
ergies of the people of these United
States for defeating the hostile " enter
prizes of an, foreign power." ;
To adopt with -oprudent fatefight" "*
such "fl&maiieal meaftres" as ma,
be expedient for calling forth those en
ergies wherever the national exigencies
may require, whether onth^ ocean, or
lon our own feftitot}—and to reeoacil, =
Number 2^