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Kaminski, John P.; Saladino, Gaspare J.; Leffler, Richard; Schoenleber, Charles H.; Hogan, Margaret A.; Reid, Jonathan M. (ed.) / Ratification of the Constitution by the states: New York (5)
23 (2009)

V. The New York Convention, 17 June-26 July 1788 (continued),   pp. 2169-2340

Page 2200

CONVENTION PROCEEDINGS. The Convention then went into a Com-
mittee of the whole.
A proposition of Mr. Smith, that had been moved as an amendment
to Mr. Jay's motion of the 11th inst. for adopting the Constitution; and
a motion of Mr. Hamilton as an amendment to Mr. Smith's, were then
read.-(These motions, being too long for insertion to-day, will be
given in to-morrow's paper.) [Daily Advertiser, 21 July 1788]
Mr. SMITH's Motion in Convention.'8
THIS CONVENTION having deliberately and maturely examined
and considered the proposed Constitution, reported to Congress by the
Convention of Delegates from the United States of America, and sub-
mitted to their consideration by concurrent resolutions of the Senate
and Assembly of the State of New-York, passed at their last session, DO,
in the name and in the behalf of the PEOPLE of the STATE of NEW-
YORK, declare,
That all freemen have essential rights, of which they cannot by any
compact deprive or divest their posterity; among which are, the enjoy-
ment of life, liberty and the pursuit of happiness.
That all power is originally vested in and consequently derived from
the people; and that government is instituted for their common ben-
efit, protection and security.
That in all cases in which a man may be subjected to a capital or
infamous punishment, no one ought to be put on his trial unless on
an indictment by a grand jury; and that, in all capital or criminal pros-
ecutions, the accused hath a right to demand the cause and nature of
his accusation, and witnesses;-to produce testimony and have counsel
in his defence, and to a fair, public and speedy trial by an impartial
jury of the county in which the crime was committed, without whose
unanimous consent he ought not to be found guilty (except in the
government of the land and naval forces), nor ought he to be com-
pelled to give evidence against himself.
That no freeman ought to be taken, imprisoned, or disseized of his
freehold, or be exiled or deprived of his privileges, franchises, life,
liberty, or property, but by the law of the land.
That no person ought to be put in jeopardy of life or limb, or oth-
erwise punished twice for one and the same offence, unless upon im-
That every freeman, restrained in his liberty, is entitled to an enquiry
into the lawfulness of such restraint, without denial or delay; and to a
removal thereof, if unlawful.

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