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CHAPTER XVI.

ARTICLES IN ADDITION TO, AND AMENDMENT OF, THE
CONSTITUTION.

§ 608. MUCH opposition was made to the ratification of the Constitution, in the conventions called by the States. The reasons for the opposition were different in their nature, but a very general opinion was entertained, that something should be added in the nature of a Declaration of Rights, which should positively assert and establish certain rights of the people. Many of the States, although they ratified the Constitution, expressed a wish that such amendments should be adopted.

§ 609. Accordingly, at the first session of the first Congress, begun and held in the city of New York, March 4, 1789, Congress, after duly considering the fact that the conventions of a number of the States, at the time of their adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be adopted, passed a resolution on the 25th of September, 1789, twothirds of both houses concurring, to propose twelve articles to the legislatures of the States, as amendments to the Constitution.

$610. Ten of those articles having been finally ratified by the legislatures of three-fourths of the States, became amendments of the Constitution of the United States on the 15th day of December, 1791.

§ 611. These amendments, constituting the first ten of

the whole number of amendments, were ratified by the States, as follows:

By New Jersey, 20th November, 1789.
By Maryland, 19th December, 1789.
By North Carolina, 22d December, 1789.
By South Carolina, 19th January, 1790.
By New Hampshire, 25th January, 1790.
By Delaware, 28th January, 1790.
By Pennsylvania, 10th March, 1790.
By New York, 27th March, 1790.
By Rhode Island, 15th June, 1790.
By Vermont, 3d November, 1791.
By Virginia, 15th December, 1791.

§ 612. Subsequently another amendment, the eleventh, was proposed at the first session of the third Congress, 5th March, 1794, and was declared in a message from the President of the United States to both houses of Congress, dated 8th January, 1798, to have been adopted by the constitutional number of States. The twelfth amendment was proposed at the first session of the eighth Congress, 12th December, 1803, and was adopted by the constitutional number of States in 1804.

613. We have already presented these amendments, commencing on page 48, and we are now to consider each cne in its order:

"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 griev ances."

§614. We have already seen that no religious test can ever be required as a qualification to any office or public trust under the United States, (§ 603.) The object of the present amendment is to go still further, and in general terms to restrict Congress from making any law respecting an establishment of religion, or prohibiting the free exercise thereof. One purpose sought to be effected by this provision, is to prevent the supremacy of any religious denomination in consequence of national patronage, or by authority of law, and to maintain the separation of church and State.

§ 615. At the same time the Constitution extends its protection alike to all religious denominations, and by thus allowing to every citizen the free exercise of religion according to the dictates of his conscience, secures equal religious liberty. In this way the Constitution seeks to avoid the injustice, intolerance, and other evils which have accompanied the establishment of State religions in the Old World.

§ 616. This article also prohibits Congress from making any law abridging the freedom of speech or of the press. The liberty of speech and of the press has always been considered to be the right of a free people. In many countries, however, it is narrowly restricted. Some governments prohibit the printing of books on particular subjects, unless they have been previously examined and approved by an officer of the government. Others require an author to obtain a license before he can publish. Similar restraints have been applied also to newspapers and periodicals, which are even now in some countries subjected to a censorship and to other restrictions.

§ 617. Although, by the Constitution, a man may freely speak, write, and publish his sentiments on all subjects, yet

that liberty may be abused, in which case the law holds the wrong-doer responsible for such abuse. One man has no right to speak or publish false, scandalous, and malicious matter concerning another; such things constitute slanders or libels, and are punishable by law. The liberty of speech or of the press does not justify a publication of what is mischievous, immoral, or illegal. That is licentiousness, not liberty.

§ 618. By our law no man can be restrained from publishing whatever he pleases, because he is not under any obligation to submit his works to the examination of any person previous to publication, and, until publication, no one can know what the work contains. But the author and publisher are both held answerable civilly for damages done to individuals, and criminally for the public offence, if any is committed by such publication, in whatever it may consist, whether in its tendency to lead to a breach of the peace or to corrupt the public morals.

§ 619. The last clause of this article declares that Congress shall make no law abridging the right of the people peaceably to assemble and to petition the government for a redress of grievances.

§ 620. The people have a natural right to petition their rulers for a redress of grievances, and it is the object of this clause to protect the right from violation by Congress. It must, however, be exercised peaceably, lest, under pretence of assembling to discuss political subjects or to petition the government, riotous, tumultuous, and disorderly proceedings take place.

§ 621. Petitions and memorials may be addressed to the Senate or House of Representatives by any person, or any number of persons, and are presented by the presiding officer, or by a member, who makes verbally a brief state

ment of their contents. They are then discussed and disposed of according to the rules and practice of the Senate or of the House, as the case may be.

“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.”

§ 622. If citizens are allowed to keep and bear arms, it will be likely to operate as a check upon their rulers, and restrain them from acts of tyranny and usurpation. The necessity of maintaining a large standing army is also diminished by arming and disciplining the citizens generally, so that they may be ready and qualified at any time, to defend the country in a sudden emergency.

"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."

§623. It has been a frequent practice in arbitrary governments to compel the subjects to board or lodge the soldiers of the army in time of peace. It is evident that this violates the dominion which every man should have over his own house. The above article prohibits such quartering, as it is called, of soldiers in the houses of citizens in time of peace against the consent of the owner, and provides that, if soldiers be quartered in the houses of citizens in time of War, it shall be done, not arbitrarily or capriciously, but in such manner as shall be prescribed by law.

"ARTICLE IV. The right of the people to be secure in persons, houses, papers, and effects, against unreason

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