NO SOLDIER TO BE QUARTERED, ETC.

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.

UNREASONABLE SEARCHES PROHIBITED.

ARTICLE IV. The right of the people to be secure in their persons, 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.

CRIMINAL PROCEEDINGS.

ARTICLE V. 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,.er. in the militia, when in actual service in time of war or pale.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.

MODE OF TRIAL.

ARTICLE VI. In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature 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 assistance of council for his defence.

RIGHT OF TRIAL BY JURY.

ARTICLE VII. In suits at common law, where the value in controversy 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.

BAIL, FINES, ETC.

ARTICLE VIII. Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

RIGHTS NOT ENUMERATED.

ARTICLE IX. The enumeration in the constitution of certain rights, shall not be construed to deny or disparage others retained by the people.

POWERS RESERVED.

ARTICLE X. The powers not delegated to the United States, by the constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.

LIMITATIONS OF JUDICIAL POWERS.

ARTICLE XI. The judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by citizens of another state, or by citizens or subjects of any foreign

state.

[This amendment was proposed at the second session of the third congress. It is printed in the Laws of the United States, 1st vol., p. 73, as Article 11.]

ELECTION OF PRESIDENT.

ARTICLE XII. The electors shall meet in their respective states and vote by ballot for president and vice president, one of whom, at least, shall not be an inhabitant of the same state with themselves; they shall name in their ballots the person voted for as president, and in distinct ballots the person voted for as vice president, and they shall make distinct lists of all persons voted for as president, and of all persons voted for as vice president, and of the number of votes for each, which lists they shall sign and certify, and transmit sealed to the seat of the government of the United States, directed to the president of the senate ;-the president of the senate shall, in the presence

of the senate and house of representatives, open all certificates, and the votes shall then be counted;-the person having the greatest number of votes for president, shall be the president, if such a number be a majority of the whole number of electors appointed; and if no person have such majority, then from the persons having the highest numbers, not exceeding three on the list of those voted for as president, the house of representatives shall choose immediately, by ballot, the president. But in choosing the president, the votes shall be taken by states, the representation from each state having one vote; a quorum for this purpose shall consist of a member or members from two-thirds of the states, and a majority of all the states shall be necessary to a choice. And if the house of representatives shall not choose a president whenever the right of choice shall devolve upon them, before the fourth day of March next following, then the vice president shall act president, as in case of the death or other constitutional disability of the president. The person having the greatest number of votes as vice president, shall be the vice president, if such number be a majority of the whole number of electors appointed, and if no person have such majority, then from the two highest numbers on the list, the senate shall choose the vice president; a quorum for the purpose shall consist of two-thirds of the whole number of senators, and a majority of the whole number shall be necessary to a choice. But no person constitutianally ineligible to the office of president shall be eligible to that of vice president of the United States.

[The foregoing article proposed at the first session of the eighth congress, is printed in the Laws of the United States as Article 12.1

NOTE.-Another amendment was proposed as Article XIII., at the second session of the eleventh congress, but, not having been ratified by a sufficient number of states, has not yet become valid as a part of the constitution of the United States. It is erroneously given as a part of the constitution, in page 74, vol., 1. Laws of the United States.

ORGANIC ACT OF THE

TERRITORY OF IDAHO,

AN ACT TO PROVIDE A TEMPORARY GOVERNMENT FOR THE TERRITORY OF IDAHO.

SEC. 1. Territory of Idaho, boundaries.

2. Executive power, governor, etc.

3. Secretary, when to act as governor.

4. Legislative power, what constitutes, length of session, etc.

5. Voters at first election.

6.

Veto power of governor, taxes, etc.

7. District, county, or township officers.

8. Members of assembly, who may be.

9. Judicial power, with whom vested.

10. Territorial officers, appointment of, salaries, pay of.

11. Members of assembly, session of, etc.

12. Seat of government, delegate, constitutional laws, etc.

Be it enacted by the Senate and House of Representatives of the United States in Congress assembled, That all that part of the territory of the United States included within the following limits, to-wit: Begining at a point in the middle channel of the Snake river where the northern boundary of Oregon intersects the same; then follow down the said channel of Snake river to a point opposite the mouth of the Kooskooskia, or Clearwater river; thence due north to the forty-ninth parallel of latitude; thence east along said parallel to the twenty

seventh degree of longitude west of Washington; thence south along said degree of longitude to the northern boundary of Colorado Territory; thence west along said boundary to the thirty-third degree of longitude west of Washington; thence north along said degree to the forty-second parallel of latitude; thence west along said parallel to the eastern boundary of the State of Oregon; thence north along said boundary to the place of begining. And the same is hereby created into a temporary government, by the name of the Territory of Idaho: Provided, That nothing in this act contained shall be construed to inhibit the government of the United States from dividing said Territory or changing its boundaries in such manner and at such time as congress shall deem convenient and proper, or from attaching any portion of said Territory to any other State or Territory of the United States: Provided, further, That nothing in this act contained shall be construed to impair the rights of person or property now pertaining to the Indians in said Territory, so long as such rights shall remain unextinguished by treaty between the United States and such Indians, or to include any territory which, by treaty with any Indian tribes, is not, without the consent of said tribe, to be included within the territorial limits or jurisdiction of any state or territory; but all such territory sha be excepted out of the boundaries, and constitute no part of the Territory of Idaho, until said tribe shall signify their assent to the president of the United States to be included within said Territory, or to affect the authority of the government of the United States to make any regulations respecting such Indians, their lands, property, or other rights, by treaty, law, or otherwise, which it would have been competent for the government to make if this act had never passed.

SEC. 2. And be it further enacted, That the executive power and authority in and over said Territory of Idaho shall be vested in a governor, who shall hold his office for four years, and until his successor shall be appointed and qualified, unless sooner removed by the president of the United States. The governor shall reside within said Territory, and shall be commander-in-chief of the militia, and superintendent of Indian affairs thereof. He may grant pardons and respites for offences against the laws of said Territory, and reprieve for offences against the laws of the United States until the decision of the president or the United States can be made known thereon; he shall commission all officers who shall be appointed to office nnder the laws of the said Territory, and shall take care that the laws be faithfully executed.

SEC. 3. And be it further enacted, That there shall be a secre