Chapter XL: Appendix: Note (1)

ON THE AUTHORSHIP OF THE ORDINANCE OF 1787.

(See page 344, _ante_.)

When writing this volume, I prepared an elaborate note, for the purpose of proving that the Ordinance of 1787 was drawn up by Nathan Dane. The subsequent publication by Mr. Charles King, of New York, of an autograph letter of Mr. Dane's to his father, the Hon. Rufus King, written a few days after the passage of the Ordinance, put an end to all possibility of controversy on this subject, and made it unnecessary for me to burden my readers with a discussion of Mr. Dane's claim to be regarded as the author of that instrument.

The following sentence in Mr. Dane's letter to Mr. King is decisive of the point which has sometimes been controverted:--

"When I drew the Ordinance, (which passed, a few words
excepted, as I originally formed it,) I had no idea the
States would agree to the sixth article, prohibiting slavery,
as only Massachusetts, of the Eastern States, was present,
and therefore omitted it in the draft; but finding the House
favorably disposed on the subject, after we had completed the
other parts, I moved the article, which was agreed to without
opposition."

FIRST DRAFT OF THE CONSTITUTION,

AS REPORTED BY THE COMMITTEE OF DETAIL.

MONDAY, _August 6_.

_In Convention._--Mr. RUTLEDGE delivered in the report of the committee of detail, as follows,--a printed copy being at the same time furnished to each member:--

We, the people of the States of New Hampshire, Massachusetts,
Rhode Island and Providence Plantations, Connecticut, New
York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia,
North Carolina, South Carolina, and Georgia, do ordain,
declare, and establish the following Constitution for the
government of ourselves and our posterity:--

ARTICLE I.--The style of the government shall be, "The United
States of America."

ART. II.--The government shall consist of supreme
legislative, executive, and judicial powers.

ART. III.--The legislative power shall be vested in a
Congress, to consist of two separate and distinct bodies of
men, a House of Representatives and a Senate; each of which
shall in all cases have a negative on the other. The
legislature shall meet on the first Monday in December in
every year.

ART. IV.--Sect. 1. The members of the House of
Representatives shall be chosen, every second year, by the
people of the several States comprehended within this Union.
The qualifications of the electors shall be the same, from
time to time, as those of the electors, in the several
States, of the most numerous branch of their own
legislatures.

Sect. 2. Every member of the House of Representatives shall
be of the age of twenty-five years at least; shall have been
a citizen in the United States for at least three years
before his election; and shall be, at the time of his
election, a resident of the State in which he shall be
chosen.

Sect. 3. The House of Representatives shall, at its first
formation, and until the number of citizens and inhabitants
shall be taken in the manner hereinafter described, consist
of sixty-five members, of whom three shall be chosen in New
Hampshire, eight in Massachusetts, one in Rhode Island and
Providence Plantations, five in Connecticut, six in New York,
four in New Jersey, eight in Pennsylvania, one in Delaware,
six in Maryland, ten in Virginia, five in North Carolina,
five in South Carolina, and three in Georgia.

Sect. 4. As the proportions of numbers in different States
will alter from time to time; as some of the States may
hereafter be divided; as others may be enlarged by addition
of territory; as two or more States may be united; as new
States will be erected within the limits of the United
States,--the legislature shall, in each of these cases,
regulate the number of representatives by the number of
inhabitants, according to the provisions hereinafter made, at
the rate of one for every forty thousand.

Sect. 5. All bills for raising or appropriating money, and
for fixing the salaries of the officers of government, shall
originate in the House of Representatives, and shall not be
altered or amended by the Senate. No money shall be drawn
from the public treasury, but in pursuance of appropriations
that shall originate in the House of Representatives.

Sect. 6. The House of Representatives shall have the sole
power of impeachment. It shall choose its speaker and other
officers.

Sect. 7. Vacancies in the House of Representatives shall be
supplied by writs of election from the executive authority of
the State in the representation from which they shall happen.

ART. V.--Sect. 1. The Senate of the United States shall be
chosen by the legislatures of the several States. Each
legislature shall choose two members. Vacancies may be
supplied by the executive until the next meeting of the
legislature. Each member shall have one vote.

Sect. 2. The senators shall be chosen for six years; but
immediately after the first election, they shall be divided,
by lot, into three classes, as nearly as may be, numbered
one, two, and three. The seats of the members of the first
class shall be vacated at the expiration of the second year;
of the second class at the expiration of the fourth year; of
the third class at the expiration of the sixth year; so that
a third part of the members may be chosen every second year.

Sect. 3. Every member of the Senate shall be of the age of
thirty years at least; shall have been a citizen in the
United States for at least four years before his election;
and shall be, at the time of his election, a resident of the
State for which he shall be chosen.

Sect. 4. The Senate shall choose its own President and other
officers.

ART. VI.--Sect. 1. The times, and places, and manner, of
holding the elections of the members of each House, shall be
prescribed by the legislature of each State; but their
provisions concerning them may, at any time, be altered by
the legislature of the United States.

Sect. 2. The legislature of the United States shall have
authority to establish such uniform qualifications of the
members of each House, with regard to property, as to the
said legislature shall seem expedient.

Sect. 3. In each House a majority of the members shall
constitute a quorum to do business; but a smaller number may
adjourn from day to day.

Sect. 4. Each House shall be the judge of the elections,
returns, and qualifications of its own members.

Sect. 5. Freedom of speech and debate in the legislature
shall not be impeached or questioned in any court or place
out of the legislature; and the members of each House shall,
in all cases, except treason, felony, and breach of the
peace, be privileged from arrest during their attendance at
Congress, and in going to and returning from it.

Sect. 6. Each House may determine the rules of its
proceedings; may punish its members for disorderly behavior;
and may expel a member.

Sect. 7. The House of Representatives, and the Senate when it
shall be acting in a legislative capacity, shall keep a
journal of their proceedings; and shall, from time to time,
publish them; and the yeas and nays of the members of each
House, on any question, shall, at the desire of one fifth
part of the members present, be entered on the Journal.

Sect. 8. Neither House, without the consent of the other,
shall adjourn for more than three days, nor to any other
place than that at which the two Houses are sitting. But this
regulation shall not extend to the Senate when it shall
exercise the powers mentioned in the ---- Article.

Sect. 9. The members of each House shall be ineligible to,
and incapable of holding, any office under the authority of
the United States, during the time for which they shall
respectively be elected; and the members of the Senate shall
be ineligible to, and incapable of holding, any such office
for one year afterwards.

Sect. 10. The members of each House shall receive a
compensation for their services, to be ascertained and paid
by the State in which they shall be chosen.

Sect. 11. The enacting style of the laws of the United States
shall be, "Be it enacted, and it is hereby enacted, by the
House of Representatives, and by the Senate of the United
States, in Congress assembled."

Sect. 12. Each House shall possess the right of originating
bills, except in the cases before mentioned.

Sect. 13. Every bill which shall have passed the House of
Representatives and the Senate shall, before it becomes a
law, be presented to the President of the United States for
his revision. If, upon such revision, he approve of it, he
shall signify his approbation by signing it. But if, upon
such revision, it shall appear to him improper for being
passed into a law, he shall return it, together with his
objections against it, to that House in which it shall have
originated; who shall enter the objections at large on their
Journal, and proceed to reconsider the bill. But if, after
such reconsideration, two thirds of that House shall,
notwithstanding the objections of the President, agree to
pass it, it shall, together with his objections, be sent to
the other House, by which it shall likewise be reconsidered,
and, if approved by two thirds of the other House also, it
shall become a law. But, in all such cases, the votes of both
Houses shall be determined by yeas and nays; and the names of
the persons voting for or against the bill shall be entered
on the Journal of each House respectively. If any bill shall
not be returned by the President within seven days after it
shall have been presented to him, it shall be a law, unless
the legislature, by their adjournment, prevent its return, in
which case it shall not be a law.

ART. VII.--Sect. 1. The legislature of the United States
shall have the power to lay and collect taxes, duties,
imposts, and excises;

To regulate commerce with foreign nations, and among the
several states;

To establish an uniform rule of naturalization throughout the
United States;

To coin money;

To regulate the value of foreign coin;

To fix the standard of weights and measures;

To establish post-offices;

To borrow money, and emit bills, on the credit of the United
States;

To appoint a treasurer by ballot;

To constitute tribunals inferior to the supreme court;

To make rules concerning captures on land and water;

To declare the law and punishment of piracies and felonies
committed on the high seas, and the punishment of
counterfeiting the coin of the United States, and of offences
against the law of nations;

To subdue a rebellion in any State on the application of its
legislature;

To make war;

To raise armies;

To build and equip fleets;

To call forth the aid of the militia, in order to execute the
laws of the Union, enforce treaties, suppress insurrections,
and repel invasions;

And to make all laws that shall be necessary and proper for
carrying into execution the foregoing powers, and all other
powers vested by this Constitution in the government of the
United States, or in any department or office thereof.

Sect. 2. Treason against the United States shall consist only
in levying war against the United States, or any of them; and
in adhering to the enemies of the United States, or any of
them. The legislature of the United States shall have power
to declare the punishment of treason. No person shall be
convicted of treason, unless on the testimony of two
witnesses. No attainder of treason shall work corruption of
blood, nor forfeiture, except during the life of the person
attainted.

Sect. 3. The proportions of direct taxation shall be
regulated by the whole number of white and other free
citizens and inhabitants of every age, sex, and condition,
including those bound to servitude for a term of years, and
three fifths of all other persons not comprehended in the
foregoing description (except Indians not paying taxes);
which number shall, within six years after the first meeting
of the legislature, and within the term of every ten years
afterwards, be taken in such a manner as the said legislature
shall direct.

Sect. 4. No tax or duty shall be laid by the legislature on
articles exported from any State; nor on the migration or
importation of such persons as the several States shall think
proper to admit; nor shall such migration or importation be
prohibited.

Sect. 5. No capitation tax shall be laid, unless in
proportion to the census hereinbefore directed to be taken.

Sect. 6. No navigation act shall be passed without the assent
of two thirds of the members present in each House.

Sect. 7. The United States shall not grant any title of
nobility.

ART. VIII.--The acts of the legislature of the United States
made in pursuance of this Constitution, and all treaties made
under the authority of the United States, shall be the
supreme law of the several States, and of their citizens and
inhabitants; and the judges in the several States shall be
bound thereby in their decisions, anything in the
constitutions or laws of the several States to the contrary
notwithstanding.

ART. IX.--Sect. 1. The Senate of the United States shall have
power to make treaties, and to appoint ambassadors, and
judges of the supreme court.

Sect. 2. In all disputes and controversies now subsisting, or
that may hereafter subsist, between two or more States,
respecting jurisdiction or territory, the Senate shall
possess the following powers:--Whenever the legislature, or
the executive authority, or lawful agent of any State, in
controversy with another, shall, by memorial to the Senate,
state the matter in question, and apply for a hearing, notice
of such memorial and application shall be given, by order of
the Senate, to the legislature, or the executive authority,
of the other State in controversy. The Senate shall also
assign a day for the appearance of the parties, by their
agents, before that House. The agents shall be directed to
appoint, by joint consent, commissioners or judges to
constitute a court for hearing and determining the matter in
question. But if the agents cannot agree, the Senate shall
name three persons out of each of the several States; and
from the list of such persons, each party shall alternately
strike out one, until the number shall be reduced to
thirteen; and from that number not less than seven, nor more
than nine, names, as the Senate shall direct, shall, in their
presence, be drawn out by lot; and the persons whose names
shall be so drawn, or any five of them, shall be
commissioners or judges to hear and finally determine the
controversy; provided a majority of the judges who shall hear
the cause agree in the determination. If either party shall
neglect to attend at the day assigned, without showing
sufficient reasons for not attending, or being present shall
refuse to strike, the Senate shall proceed to nominate three
persons out of each State, and the Clerk of the Senate shall
strike in behalf of the party absent or refusing. If any of
the parties shall refuse to submit to the authority of such
court, or shall not appear to prosecute or defend their claim
or cause, the court shall nevertheless proceed to pronounce
judgment. The judgment shall be final and conclusive. The
proceedings shall be transmitted to the President of the
Senate, and shall be lodged among the public records, for the
security of the parties concerned. Every commissioner shall,
before he sit in judgment, take an oath, to be administered
by one of the judges of the supreme or superior court of the
State where the cause shall be tried, "well and truly to hear
and determine the matter in question, according to the best
of his judgment, without favor, affection, or hope of
reward."

Sect. 3. All controversies concerning lands claimed under
different grants of two or more States, whose jurisdictions,
as they respect such lands, shall have been decided or
adjusted subsequently to such grants, or any of them, shall,
on application to the Senate, be finally determined, as near
as may be, in the same manner as is before prescribed for
deciding controversies between different States.

ART. X.--Sect. 1. The executive power of the United States
shall be vested in a single person. His style shall be, "The
President of the United States of America," and his title
shall be, "His Excellency." He shall be elected by ballot by
the legislature. He shall hold his office during the term of
seven years; but shall not be elected a second time.

Sect. 2. He shall, from time to time, give information to the
legislature of the state of the Union. He may recommend to
their consideration such measures as he shall judge necessary
and expedient. He may convene them on extraordinary
occasions. In case of disagreement between the two Houses,
with regard to the time of adjournment, he may adjourn them
to such time as he thinks proper. He shall take care that the
laws of the United States be duly and faithfully executed. He
shall commission all the officers of the United States; and
shall appoint officers in all cases not otherwise provided
for by this Constitution. He shall receive ambassadors, and
may correspond with the supreme executives of the several
States. He shall have power to grant reprieves and pardons,
but his pardon shall not be pleadable in bar of an
impeachment. He shall be commander-in-chief of the army and
navy of the United States, and of the militia of the several
States. He shall, at stated times, receive for his services a
compensation, which shall neither be increased nor diminished
during his continuance in office. Before he shall enter on
the duties of his department, he shall take the following
oath or affirmation, "I ---- solemnly swear (or affirm) that
I will faithfully execute the office of President of the
United States of America." He shall be removed from his
office on impeachment by the House of Representatives, and
conviction, in the supreme court, of treason, bribery, or
corruption. In case of his removal, as aforesaid, death,
resignation, or disability to discharge the powers and duties
of his office, the President of the Senate shall exercise
those powers and duties until another President of the United
States be chosen, or until the disability of the President be
removed.

ART. XI.--Sect. 1. The judicial power of the United States
shall be vested in one supreme court, and in such inferior
courts as shall, when necessary, from time to time, be
constituted by the legislature of the United States.

Sect. 2. The judges of the supreme court, and of the inferior
courts, shall hold their offices during good behavior. They
shall, at stated times, receive for their services a
compensation, which shall not be diminished during their
continuance in office.

Sect. 3. The jurisdiction of the supreme court shall extend
to all cases arising under laws passed by the legislature of
the United States; to all cases affecting ambassadors, other
public ministers and consuls; to the trial of impeachments of
officers of the United States; to all cases of admiralty and
maritime jurisdiction; to controversies between two or more
States (except such as shall regard territory or
jurisdiction); between a State and citizens of another State;
between citizens of different States; and between a State, or
the citizens thereof, and foreign states, citizens, or
subjects. In cases of impeachment, cases affecting
ambassadors, other public ministers and consuls, and those in
which a State shall be party, this jurisdiction shall be
original. In all the other cases before mentioned, it shall
be appellate, with such exceptions, and under such
regulations, as the legislature shall make. The legislature
may assign any part of the jurisdiction above mentioned,
(except the trial of the President of the United States,) in
the manner and under the limitations which it shall think
proper, to such inferior courts as it shall constitute from
time to time.

Sect. 4. The trial of all criminal offences (except in cases
of impeachment) shall be in the State where they shall be
committed; and shall be by jury.

Sect. 5. Judgment, in cases of impeachment, shall not extend
further than to removal from office, and disqualification to
hold and enjoy any office of honor, trust, or profit, under
the United States. But the party convicted shall nevertheless
be liable and subject to indictment, trial, judgment, and
punishment, according to law.

ART. XII.--No State shall coin money; nor grant letters of
marque and reprisal; nor enter into any treaty, alliance, or
confederation; nor grant any title of nobility.

ART. XIII.--No State, without the consent of the legislature
of the United States, shall emit bills of credit, or make
anything but specie a tender in payment of debts; nor lay
imposts or duties on imports; nor keep troops or ships of war
in time of peace; nor enter into any agreement or compact
with another State, or with any foreign power; nor engage in
any war, unless it shall be actually invaded by enemies, or
the danger of invasion be so imminent as not to admit of a
delay until the legislature of the United States can be
consulted.

ART. XIV.--The citizens of each State shall be entitled to
all privileges and immunities of citizens in the several
States.

ART. XV.--Any person charged with treason, felony, or high
misdemeanor in any State, who shall flee from justice, and
shall be found in any other State, shall, on demand of the
executive power of the State from which he fled, be delivered
up and removed to the State having jurisdiction of the
offence.

ART. XVI.--Full faith shall be given in each State to the
acts of the legislatures, and to the records and judicial
proceedings of the courts and magistrates, of every other
State.

ART. XVII.--New States lawfully constituted or established
within the limits of the United States may be admitted, by
the legislature, into this government; but to such admission
the consent of two thirds of the members present in each
House shall be necessary. If a new State shall arise within
the limits of any of the present States, the consent of the
legislatures of such States shall be also necessary to its
admission. If the admission be consented to, the new States
shall be admitted on the same terms with the original States.
But the legislature may make conditions with the new States
concerning the public debt which shall be then subsisting.

ART. XVIII.--The United States shall guarantee to each State
a republican form of government; and shall protect each State
against foreign invasions, and, on the application of its
legislature, against domestic violence.

ART. XIX.--On the application of the legislatures of two
thirds of the States in the Union, for an amendment of this
Constitution, the legislature of the United States shall call
a convention for that purpose.

ART. XX.--The members of the legislatures, and the executive
and judicial officers of the United States, and of the
several States, shall be bound by oath to support this
Constitution.

ART. XXI.--The ratification of the conventions of ---- States
shall be sufficient for organizing this Constitution.

ART. XXII.--This Constitution shall be laid before the United
States in Congress assembled, for their approbation; and it
is the opinion of this Convention, that it should be
afterwards submitted to a convention chosen in each State,
under the recommendation of its legislature, in order to
receive the ratification of such convention.

ART. XXIII.--To introduce this government, it is the opinion
of this Convention, that each assenting convention should
notify its assent and ratification to the United States in
Congress assembled; that Congress, after receiving the assent
and ratification of the conventions of ---- States, should
appoint and publish a day, as early as may be, and appoint a
place, for commencing proceedings under this Constitution;
that, after such publication, the legislatures of the several
States should elect members of the Senate, and direct the
election of members of the House of Representatives; and that
the members of the legislature should meet at the time and
place assigned by Congress, and should, as soon as may be
after their meeting, choose the President of the United
States, and proceed to execute this Constitution.

* * * * *

CONSTITUTION

OF

THE UNITED STATES OF AMERICA.[463]

We the People of the United States, in order to form a more perfect Union, establish Justice, insure domestic Tranquillity, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this CONSTITUTION for the United States of America.

ARTICLE. I.

SECTION. 1. All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.

SECTION. 2. {1} The House of Representatives shall be composed of Members chosen every second Year by the People of the several States, and the Electors in each State shall have the Qualifications requisite for Electors of the most numerous Branch of the State Legislature.

{2} No Person shall be a Representative who shall not have attained to the Age of twenty five Years, and been seven Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State in which he shall be chosen.

{3} Representatives and direct Taxes shall be apportioned among the several States which may be included within this Union, according to their respective Numbers, which shall be determined by adding to the whole Number of free Persons, including those bound to Service for a Term of Years, and excluding Indians not taxed, three fifths of all other Persons. The actual Enumeration shall be made within three Years after the first Meeting of the Congress of the United States, and within every subsequent Term of ten Years, in such Manner as they shall by Law direct. The Number of Representatives shall not exceed one for every thirty Thousand, but each State shall have at Least one Representative; and until such enumeration shall be made, the State of New Hampshire shall be entitled to chuse three, Massachusetts eight, Rhode-Island and Providence Plantations one, Connecticut five, New-York six, New Jersey four, Pennsylvania eight, Delaware one, Maryland six, Virginia ten, North Carolina five, South Carolina five, and Georgia three.

{4} When vacancies happen in the Representation from any State, the Executive Authority thereof shall issue Writs of Election to fill such Vacancies.

{5} The House of Representatives shall chuse their Speaker and other Officers; and shall have the sole Power of Impeachment.

SECTION. 3. {1} The Senate of the United States shall be composed of two Senators from each State, chosen by the Legislature thereof, for six Years; and each Senator shall have one Vote.

{2} Immediately after they shall be assembled in Consequence of the first Election, they shall be divided as equally as may be into three Classes. The Seats of the Senators of the first Class shall be vacated at the Expiration of the second Year, of the second Class at the Expiration of the fourth Year, and of the third Class at the Expiration of the sixth Year, so that one-third may be chosen every second Year; and if Vacancies happen by Resignation, or otherwise, during the Recess of the Legislature of any State, the Executive thereof may make temporary Appointments until the next Meeting of the Legislature, which shall then fill such Vacancies.

{3} No Person shall be a Senator who shall not have attained to the Age of thirty Years, and been nine Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State for which he shall be chosen.

{4} The Vice President of the United States shall be President of the Senate, but shall have no Vote, unless they be equally divided.

{5} The Senate shall chuse their other Officers, and also a President pro tempore, in the Absence of the Vice President, or when he shall exercise the office of President of the United States.

{6} The Senate shall have the sole Power to try all Impeachments. When sitting for that Purpose, they shall be on Oath or Affirmation. When the President of the United States is tried, the Chief Justice shall preside: And no Person shall be convicted without the Concurrence of two thirds of the Members present.

{7} Judgment in Cases of Impeachment shall not extend further than to removal from Office, and Disqualification to hold and enjoy any Office of honour, Trust or Profit under the United States: but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law.

SECTION. 4. {1} The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by Law make or alter such Regulations, except as to the Places of chusing Senators.

{2} The Congress shall assemble at least once in every Year, and such Meeting shall be on the first Monday in December, unless they shall by Law appoint a different Day.

SECTION. 5. {1} Each House shall be the Judge of the Elections, Returns and Qualifications of its own Members, and a Majority of each shall constitute a Quorum to do business; but a smaller Number may adjourn from day to day, and may be authorized to compel the Attendance of absent Members, in such Manner, and under such Penalties as each House may provide.

{2} Each House may determine the Rules of its Proceedings, punish its Members for disorderly Behaviour, and, with the Concurrence of two thirds, expel a Member.

{3} Each House shall keep a Journal of its Proceedings, and from time to time publish the same, excepting such Parts as may in their Judgment require Secrecy; and the Yeas and Nays of the Members of either House on any question shall, at the Desire of one fifth of those Present, be entered on the Journal.

{4} Neither House, during the Session of Congress, shall, without the Consent of the other, adjourn for more than three days, nor to any other Place than that in which the two Houses shall be sitting.

SECTION. 6. {1} The Senators and Representatives shall receive a Compensation for their Services, to be ascertained by Law, and paid out of the Treasury of the United States. They shall in all Cases, except Treason, Felony and Breach of the Peace, be privileged from Arrest during their Attendance at the Session of their respective Houses, and in going to and returning from the same; and for any Speech or Debate in either House, they shall not be questioned in any other Place.

{2} No Senator or Representative shall, during the Time for which he was elected, be appointed to any civil Office under the Authority of the United States, which shall have been created, or the Emoluments whereof shall have been encreased during such time; and no Person holding any Office under the United States, shall be a Member of either House during his Continuance in Office.

SECTION. 7. {1} All Bills for raising Revenue shall originate in the House of Representatives; but the Senate may propose or concur with Amendments as on other Bills.

{2} Every Bill which shall have passed the House of Representatives and the Senate, shall, before it become a Law, be presented to the President of the United States; If he approve he shall sign it, but if not he shall return it, with his Objections to that House in which it shall have originated, who shall enter the Objections at large on their Journal, and proceed to reconsider it. If after such Reconsideration two thirds of that House shall agree to pass the Bill, it shall be sent, together with the Objections, to the other House, by which it shall likewise be reconsidered, and if approved by two thirds of that House, it shall become a Law. But in all such Cases the Votes of both Houses shall be determined by yeas and Nays, and the Names of the Persons voting for and against the Bill shall be entered on the Journal of each House respectively. If any Bill shall not be returned by the President within ten Days (Sundays excepted) after it shall have been presented to him, the Same shall be a Law, in like Manner as if he had signed it, unless the Congress by their Adjournment prevent its Return, in which Case it shall not be a Law.

{3} Every Order, Resolution, or Vote to which the Concurrence of the Senate and House of Representatives may be necessary (except on a question of Adjournment) shall be presented to the President of the United States; and before the same shall take Effect, shall be approved by him, or being disapproved by him, shall be repassed by two thirds of the Senate and House of Representatives, according to the Rules and Limitations prescribed in the Case of a Bill.

SECTION. 8. The Congress shall have Power {1} To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;

{2} To borrow Money on the credit of the United States;

{3} To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;

{4} To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States;

{5} To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures;

{6} To provide for the Punishment of counterfeiting the Securities and current Coin of the United States;

{7} To establish Post Offices and post Roads;

{8} To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;

{9} To constitute Tribunals inferior to the supreme Court;

{10} To define and punish Piracies and Felonies committed on the high Seas, and Offences against the Law of Nations;

{11} To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;

{12} To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years;

{13} To provide and maintain a Navy;

{14} To make Rules for the Government and Regulation of the land and naval Forces;

{15} To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;

{16} To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress;

{17} To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the Acceptance of Congress, become the Seat of the Government of the United States, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the same shall be, for the Erection of Forts, Magazines, Arsenals, Dock-Yards, and other needful Buildings;--And

{18} To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.

SECTION. 9. {1} The Migration or Importation of such Persons as any of the States now existing shall think proper to admit, shall not be prohibited by the Congress prior to the Year one thousand eight hundred and eight, but a Tax or Duty may be imposed on such Importation, not exceeding ten dollars for each Person.

{2} The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.

{3} No Bill of Attainder or ex post facto Law shall be passed.

{4} No Capitation, or other direct, Tax shall be laid, unless in Proportion to the Census or Enumeration herein before directed to be taken.

{5} No Tax or Duty shall be laid on Articles exported from any State.

{6} No Preference shall be given by any Regulation of Commerce or Revenue to the Ports of one State over those of another: nor shall Vessels bound to, or from, one State, be obliged to enter, clear, or pay Duties in another.

{7} No Money shall be drawn from the Treasury, but in consequence of Appropriations made by Law; and a regular Statement and Account of the Receipts and Expenditures of all public Money shall be published from time to time.

{8} No Title of Nobility shall be granted by the United States: And no Person holding any Office of Profit or Trust under them, shall, without the Consent of the Congress, accept of any present, Emolument, Office, or Title, of any kind whatever, from any King, Prince, or foreign State.

SECTION. 10. {1} No State shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque and Reprisal; coin Money; emit Bills of Credit; make any Thing but gold and silver Coin a Tender in Payment of Debts; pass any Bill of Attainder, ex post facto Law, or Law impairing the Obligation of Contracts, or grant any Title of Nobility.

{2} No State shall, without the Consent of the Congress, lay any Imposts or Duties on Imports or Exports, except what may be absolutely necessary for executing it's inspection Laws: and the net Produce of all Duties and Imposts, laid by any State on Imports or Exports, shall be for the Use of the Treasury of the United States; and all such Laws shall be subject to the Revision and Control of the Congress.

{3} No State shall, without the Consent of Congress, lay any Duty of Tonnage, keep Troops, or Ships of War in time of Peace, enter into any Agreement or Compact with another State, or with a foreign Power, or engage in War, unless actually invaded, or in such imminent Danger as will not admit of Delay.

ARTICLE. II.

SECTION. 1. {1} The executive Power shall be vested in a President of the United States of America. He shall hold his Office during the Term of four Years, and, together with the Vice President, chosen for the same Term, be elected, as follows

{2} Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors, equal to the whole Number of Senators and Representatives to which the State may be entitled in the Congress: but no Senator or Representative, or Person holding an Office of Trust or Profit under the United States, shall be appointed an Elector.

The Electors shall meet in their respective States, and vote by Ballot for two Persons, of whom one at least shall not be an Inhabitant of the same State with themselves. And they shall make a List of all the Persons voted for, and of the Number of Votes for each; which List 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 the Certificates, and the Votes shall then be counted. The Person having the greatest Number of Votes shall be the President, if such Number be a Majority of the whole Number of Electors appointed; and if there be more than one who have such Majority, and have an equal Number of Votes, then the House of Representatives shall immediately chuse by Ballot one of them for President; and if no Person have a Majority, then from the five highest on the List the said House shall in like Manner chuse the President. But in chusing 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. In every Case, after the Choice of the President, the Person having the greatest Number of Votes of the Electors shall be the Vice President. But if there should remain two or more who have equal Votes, the Senate shall chuse from them by Ballot the Vice President.[464]

{3} The Congress may determine the Time of chusing the Electors, and the Day on which they shall give their Votes; which Day shall be the same throughout the United States.

{4} No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President; neither shall any Person be eligible to that Office who shall not have attained to the Age of thirty five Years, and been fourteen Years a Resident within the United States.

{5} In Case of the Removal of the President from Office, or of his Death, Resignation, or Inability to discharge the Powers and Duties of the said Office, the same shall devolve on the Vice President, and the Congress may by Law provide for the Case of Removal, Death, Resignation or Inability, both of the President and Vice President, declaring what Officer shall then act as President, and such Officer shall act accordingly, until the Disability be removed, or a President shall be elected.

{6} The President shall, at stated Times, receive for his Services, a Compensation, which shall neither be encreased nor diminished during the Period for which he shall have been elected, and he shall not receive within that Period any other Emolument from the United States, or any of them.

{7} Before he enter on the Execution of his Office, he shall take the following Oath or Affirmation:--

"I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States."

SECTION. 2. {1} The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States; he may require the Opinion, in writing, of the principal Officer in each of the executive Departments, upon any Subject relating to the Duties of their respective Offices, and he shall have Power to grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment.

{2} He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law: but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments.

{3} The President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session.

SECTION. 3. He shall from time to time give to the Congress Information of the State of the Union, and recommend to their Consideration such Measures as he shall judge necessary and expedient; he may, on extraordinary Occasions, convene both Houses, or either of them, and in Case of Disagreement between them, with Respect to the time of Adjournment, he may adjourn them to such Time as he shall think proper; he shall receive Ambassadors and other public Ministers; he shall take Care that the Laws be faithfully executed, and shall Commission all the officers of the United States.

SECTION. 4. The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.

ARTICLE III.

SECTION. 1. The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behavior, and shall, at stated Times, receive for their Services, a Compensation, which shall not be diminished during their Continuance in Office.

SECTION. 2. {1} The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority;--to all Cases affecting Ambassadors, other public Ministers, and Consuls;--to all Cases of admiralty and maritime Jurisdiction;--to Controversies to which the United States shall be a Party;--to Controversies between two or more States;--between a State and Citizens of another State;--between Citizens of different States,--between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects.

{2} In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction. In all the other Cases before mentioned, the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make.

{3} The Trial of all Crimes, except in Cases of Impeachment, shall be by Jury; and such Trial shall be held in the State where the said Crimes shall have been committed; but when not committed within any State, the Trial shall be at such Place or Places as the Congress may by Law have directed.

SECTION. 3. {1} Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court.

{2} The Congress shall have Power to declare the Punishment of Treason, but no Attainder of Treason shall work Corruption of Blood, or Forfeiture except during the Life of the Person attainted.

ARTICLE. IV.

SECTION. 1. Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State. And the Congress may by general Laws prescribe the Manner in which such Acts, Records and Proceedings shall be proved, and the Effect thereof.

SECTION. 2 {1} The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States.

{2} A Person charged in any State with Treason, Felony, or other Crime, who shall flee from Justice, and be found in another State, shall on Demand of the executive Authority of the State from which he fled, be delivered up, to be removed to the State having Jurisdiction of the Crime.

{3} No Person held to Service or Labour in one State, under the Laws thereof, escaping into another, shall, in Consequence of any Law or Regulation therein, be discharged from such Service or Labour, but shall be delivered up on Claim of the Party to whom such Service or Labour may be due.

SECTION. 3. {1} New States may be admitted by the Congress into this Union; but no new State shall be formed or erected within the Jurisdiction of any other State; nor any State be formed by the Junction of two or more States, or Parts of States, without the Consent of the Legislatures of the States concerned as well as of the Congress.

{2} The Congress shall have Power to dispose of and make all needful Rules and Regulations respecting the Territory or other Property belonging to the United States; and nothing in this Constitution shall be so construed as to Prejudice any Claims of the United States, or of any particular State.

SECTION. 4. The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened) against domestic Violence.

ARTICLE. V.

The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the Application of the Legislatures of two thirds of the several States, shall call a Convention for proposing Amendments, which, in either Case, shall be valid to all Intents and Purposes, as Part of this Constitution, when ratified by the Legislatures of three fourths of the several States, or by Conventions in three fourths thereof, as the one or the other Mode of Ratification may be proposed by the Congress; Provided that no Amendment which may be made prior to the Year one thousand eight hundred and eight shall in any Manner affect the first and fourth Clauses in the Ninth Section of the first Article; and that no State, without its Consent, shall be deprived of its equal Suffrage in the Senate.

ARTICLE. VI.

{1} All Debts contracted and Engagements entered into, before the Adoption of this Constitution, shall be as valid against the United States under this Constitution, as under the Confederation.

{2} This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.

{3} The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution; but no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States.

ARTICLE. VII.

The Ratification of the Conventions of nine States, shall be sufficient for the Establishment of this Constitution between the States so ratifying the Same.

DONE in Convention by the Unanimous Consent of the States
present the Seventeenth Day of September in the Year of our
Lord one thousand seven hundred and Eighty seven and of the
Independance of the United States of America the Twelfth =In
Witness= whereof We have hereunto subscribed our Names,

G{o}: WASHINGTON--
_Presidt and Deputy from Virginia_

NEW HAMPSHIRE.

JOHN LANGDON,
NICHOLAS GILMAN.

MASSACHUSETTS.

NATHANIEL GORHAM,
RUFUS KING.

CONNECTICUT.

WM. SAML. JOHNSON,
ROGER SHERMAN.

NEW YORK.

ALEXANDER HAMILTON.

NEW JERSEY.

WIL: LIVINGSTON,
DAVID BREARLEY,
WM. PATERSON,
JONA. DAYTON.

PENNSYLVANIA.

B. FRANKLIN,
THOMAS MIFFLIN,
ROBT. MORRIS,
GEO: CLYMER,
THO{S}. FITZ SIMONS,
JARED INGERSOLL,
JAMES WILSON,
GOUV: MORRIS.

DELAWARE.

GEO: READ,
GUNNING BEDFORD, jun.
JOHN DICKINSON,
RICHARD BASSETT.
JACO: BROOM.

MARYLAND.

JAMES M'HENRY,
DAN: OF ST. THOS. JENIFER,
DANL. CARROLL.

VIRGINIA.

JOHN BLAIR,
JAMES MADISON, JR.

NORTH CAROLINA.

WM. BLOUNT,
RICH'D DOBBS SPAIGHT.
HU. WILLIAMSON.

SOUTH CAROLINA.

J. RUTLEDGE,
CHARLES COTESWORTH PINCKNEY,
CHARLES PINCKNEY,
PIERCE BUTLER.

GEORGIA.

WILLIAM FEW,
ABR. BALDWIN.

Attest:

WILLIAM JACKSON, _Secretary_.

FOOTNOTES:

[463] This copy of the Constitution has been compared with the Rolls in the Department of State, and is punctuated and otherwise printed in exact conformity therewith.

[464] Altered by the 12th Amendment.

ARTICLES

IN ADDITION TO, AND AMENDMENT OF,

THE CONSTITUTION OF THE UNITED STATES OF AMERICA,

PROPOSED BY CONGRESS, AND RATIFIED BY THE LEGISLATURES OF THE
SEVERAL STATES, PURSUANT TO THE FIFTH ARTICLE OF THE ORIGINAL
CONSTITUTION.[465]

(ARTICLE 1.)

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.

(ARTICLE 2.)

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.)

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.

(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.

(ARTICLE V.)