The National Constitution: Militia

The Thirteenth Amendment was adopted by Congress on the 31st of January, 1865, and its ratification by the requisite number of State Legislatures was announced on the 18th of December following. A Fourteenth Amendment was proposed by a joint resolution adopted on the 13th of June, 1866, the object of which was to complete the work done by the Thirteenth Amendment, by guaranteeing to all citizens an equality of civil and political rights, and the payment of the public debt; also to forbid the payment, by the general or any State government, of any debt or obligation incurred in aid of the rebellion, or any claim for the loss or emancipation of any slave. This amendment was ratified, and on the 20th of July, 1868, the Secretary of State proclaimed it to be a part of the National Constitution. A Fifteenth Amendment was adopted by Congress on the 26th of February, 1869, and subsequently ratified. This was to secure the elective franchise for the colored race in our country, and is the crown of the Emancipation Act.

The Amendments to the Constitution, excepting the Twelfth, are authoritative declarations securing to the people and the several States certain rights, against any possible encroachments of Congress. They from a Bill of Rights.)

TO THE CONSTITUTION OF THE UNITED STATES, RATIFIED ACCORDING TO THE PROVISIONS OF THE FIFTH ARTICLE OF THE FOREGOING CONSTITUTION.

Article I

Freedom in religion and speech, and of the press.

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 grievances. (This article gives an additional assurance of religious freedom. See clause 3d, Article VI., of the Constitution. It also secures the invaluable right of the freedom of speech and of the press; and the privilege for the people of making their grievances known to the National Government.

Article II

Militia.

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.

Article III

Soldiers.

No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in a time of war, but in a manner to be prescribed by law. (This is to protect citizens, in time of peace, from the oppressions of military power, and to secure uniformity in the rules for quartering soldiers upon citizens in time of war.)

Article IV

Search-warrants.

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 person or things to be seized. (The security of the private citizen from an infringement of his rights by public officers, herein guaranteed, is in accordance with the English maxim that "Every man's house is his castle.")

Article V

Capital crimes.

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 service in time of War or public danger; (In such cases offences are within the jurisdiction of the military and naval courts-martial.) 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. (These prohibitions do not relate to State governments, but to the National Government, according to a decision of the Supreme Court. The several States make their own laws on these subjects.

Article VI

Trial by Jury.

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 favour, and to have the Assistance of Counsel for his defence.

Article VII

Suits at common law.

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.

Article VIII

Bail.

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. (These several amendments, concerning the operations of law through the instrumentality of the courts, are all intended to secure the citizen against the arbitrary exercise of power on the part of the judiciary.)

Article IX

Certain rights de fined.

The enumeration, in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people. (That is to say, because certain rights and powers of the people are not enumerated in the Constitution, it is not to be inferred that they are denied.

Article X

Rights reserved.