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.)
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; 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.
(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 favour, and to have the Assistance of Counsel for his
defence.
(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.
(ARTICLE VIII.)
Excessive bail shall not be required, nor excessive fines imposed, nor
cruel and unusual punishments inflicted.
(ARTICLE IX.)
The enumeration in the Constitution, of certain rights, shall not be
construed to deny or disparage others retained by the people.
(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.
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.
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
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 for President, shall be the President, if
such 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 as President, as in the 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 a 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 constitutionally
ineligible to the office of President shall be eligible to that of
Vice-President of the United States.
FOOTNOTE:
[465] Although this work does not embrace the history of the Amendments,
they are printed here in connection with the Constitution, for the
convenience of the reader.
INDEX.
A.
_Acquisition_, national spirit of, reflections on, II. 312.
ADAMS, JOHN, delegate to first Continental Congress, I. 13.
On Washington's appointment as commander-in-chief, 42.
One of the committee to prepare Declaration of Independence, 50.
His account of the Declaration, 82.
First minister to Great Britain, 257.
Answer to his complaints about the treaty, 257.
Instructed to negotiate treaty with the Netherlands, 280.
One of the commissioners to procure commercial treaties, 287.
Views of, respecting taxation of slaves, II. 159.
Practice of, respecting cabinet, 409.
ADAMS, SAMUEL, delegate to first Continental Congress, I. 13.
Reserve of, respecting Constitution, II. 533.
Disapproves of Constitution, 533.
Character of, 534.
Position of, in convention of Massachusetts, 534.
In favor of Hancock's amendments to Constitution, 538.
ADAMS, captain in the Revolutionary naval force, I. 74.
_Address_ of the Colonies to the people of Great Britain, I. 23.
_Admiralty Jurisdiction_, criminal, II. 330.
Of courts of United States, 445.
Under Confederation, 445.
_Adoption_ of Constitution, mode of, recommended, II. 372.
_Albany_, convention of Colonies at, in 1753-54, I. 8.
_Alexandria_, meeting of commissioners at, from Virginia and Maryland,
I. 341.
_Alexandria Commissioners_, visit General Washington, I. 425.
Report of, received in Virginia legislature, 426.
_Aliens_, rights to be conceded to, in certain treaties, I. 280.
See _Foreigners_.
_Allegiance_ of people of the Colonies, transferred, I. 52.
_Alliance._ See _Treaty of Alliance_.
_Ambassadors_, proposed appointment of, by Senate, II. 223, 410;
by President, 234.
Received by President, 415.
To be nominated by President, 418.
Jurisdiction of cases affecting, 444.
_Amendment_ of Constitution, II. 84.
Provision for, adopted without debate, 177.
And revolution, distinction between, 473.
_Amendments_ of Constitution, when to be proposed by Congress, II.
268.
How to be proposed and adopted, 473.
How ratified, 477.
Power to make, limited, 477.
States at liberty to propose, 486.
Proposed by Hancock, 537;
by Massachusetts, classified, 539;
by South Carolina, 548;
by Patrick Henry, 580;
by Virginia, 581;
by New York, 587, 588;
by North Carolina, 597.
Refused in Maryland convention, 543.
Proposed, not made conditions of adoption, 551.
_Amendments_ of Articles of Confederation, how made, II. 84, 473, 481.
_America_, natural advantages of, for commercial pursuits, II. 309.
Variety of climate and products of, 309.
_American Constitutions_, character of, I. 261.
_American Feeling_, Washington's efforts to create, I. 110.
_American People_ perceive the insufficiency of State governments, I.
114.
Early familiarity of, with the principles of government, 117.
Perceive the necessity of a union, 121.
See _People of America_.
_American Revolution_, commencement
of, I. 3.
Attempt to alter charter governments, a principal cause of, 6.
Found local legislatures in all the Colonies, 7.
Fundamental principle established by, 379.
Object and effects of, II. 196.
Policy which led to, real cause of, 238.
Effect of, on views of people of United States, relating to
government, 238.
_Annapolis_, general commercial convention at, I. 326, 340, 350.
Recommends general convention to revise the federal system, 349.
Recommendation, how received, 351.
See HAMILTON and MADISON.
_Annapolis Commissioners_, report of, acted upon in Congress, I. 355.
_Anti-Federalists_, plan of, to postpone action of Virginia on
Constitution, II. 568.
See _Federalists_.
_Appropriation Bills_, provision concerning, objected to, II. 147.
See _Money Bills_ and _Revenue Bills_.
_Arms of the United States_, when adopted, I. 151.
ARMSTRONG, JOHN, wrote the Newburgh Addresses, I. 168.
_Army_, power of Congress to raise and support, II. 333.
Appropriation of money for support of, 333.
Power of Congress to make rules for, 334.
Standing, repugnant to American feelings, 336.
Not to be kept by States in time of peace, 371.
President commander-in-chief of, 413.
Power of President to employ, 413.
_Army of the Revolution_, first suggested, I. 31.
How first raised, 32.
State of, when Washington arrived at Cambridge, 55.
How constituted, 58.
Short enlistments in, how accounted for, 60.
Committee of Congress sent to examine, 60.
Discontents in, 79, 158, 186.
History of, after the evacuation of Boston, 91.
Reorganized, 91, 92.
Defects in organization of, 93.
Officers of, how appointed, 93;
how treated in 1776, 94.
Bad construction of, 94, 96.
Third effort of Washington to reorganize, 109.
Embarrassments and difficulties attending, 110.
State of, in April, 1777, 111;
in May, 1782, 158.
_Arrest_, privilege from, II. 263.
_Arsenals_, authority of Congress over, II. 340.
_Articles of Confederation_, I. 509.
Reported in Congress, and recommended to the States, 53, 104, 113.
Adoption of, by the States, 124.
Amendments to, proposed by the States, 128;
by New Jersey, for regulation of commerce, 129.
Chief obstacle to the completion of, 131.
States urged to accede to, 134.
Ratified by New Jersey, 135;
by Delaware, 135;
by Maryland, 136.
Completion of, announced, 137.
Established by patriotic sacrifices, 139.
Outline of, 142.
Construction of third article of, 265.
Circular letter of Congress, recommending adoption of, 491.
Representation of New Jersey respecting, 493.
Act of New Jersey accepting, 497.
Resolves of Delaware respecting, 498.
Action of Maryland on, 501;
of New York on, 505.
Amendment of, at first contemplated, II. 16.
How altered, 84, 180, 481.
Citizenship under, 206.
Effort to include in, power over Western Territory, 341.
Admission of new States under, 345.
On what terms ratified by smaller States, 346.
Restraints imposed on States by, 363.
Inter-state privileges under, 447.
_Assemblies_ in Provincial governments, how constituted, I. 4.
_Assembling_, one of the common law rights, I. 23.
_Association_, drawn up by House of Burgesses in Virginia, I. 12.
For non-importation, &c., how carried out by colonists, 24.
_Attainder, Bills of_, defined, II. 360.
Congress prohibited to pass, 360.
States prohibited to pass, 368.
_Attestation_ to Constitution, form of, II. 485.
B.
BALDWIN, ABRAHAM, model of Senate suggested by, II. 139.
Vote and views of, respecting representation in Senate, 142.
_Baltimore_, public rejoicings in, in honor of Constitution, II. 543.
BARNWELL, ROBERT, in favor of Constitution, II. 510.
Arguments of, in convention of South Carolina, 548.
BELKNAP, Dr., on slavery in Massachusetts, II. 454.
_Bill of Rights_, want of, a strong argument with some against
Constitution, II. 498.
James Wilson's views respecting, 522.
States equally divided on question of, in Convention, 523.
Considered essential by Patrick Henry, 554.
Proposed by Virginia, 581.
_Bills of Credit_, power to emit, prohibited to States, II. 328, 364.
Meaning of, 329.
_Boston_, occupied by royal troops in 1774-75, I. 27.
Invested by army under General Ward, in 1775, 32.
Reception of Constitution by people of, II. 501.
Rejoicings in, in honor of Constitution, 540.
_Boundary_, Southern, fixed by the Treaty of Peace, I. 312.
Questions of, proposed to be determined by Senate, II. 223, 231;
plan respecting, 235.
Determination of, a judicial question, 232.
See _Western Territory_, _Lands_, and _Northwestern Territory_.
_Bounties_ offered for enlistment in 1776, I. 93.
Additional, offered by States, 95;
effect of, 110.
BOWDOIN, JAMES, delegate to first Continental Congress, I. 13.
Governor of Massachusetts, 270.
Suppresses Shays's rebellion, 270.
Message of, suggesting a general convention, 336.
_Brandywine_, battle of the, force engaged in, I. 113.
_Bribery_, by executive, dangers of, II. 242.
_British Colonies_, legislatures of, divided into two branches, II.
132.
BROUGHTON, NICHOLAS, commander of the Hannah, I. 74.
BUTLER, PIERCE, in favor of the Constitution, II. 510.
C.
_Cabinet_, functions of, II. 407.
Views respecting, in Convention, 408.
President may require opinions of, 408.
Constitutional character of, 409.
Practice of first three Presidents respecting, 409.
_Captures_, power of Congress to regulate, II. 330.
_Capitation Tax_, report of committee of detail respecting, II. 290.
Provision respecting, adopted, 304.
CARROLL, CHARLES, proposition of, for asserting right of United States
to vacant lands, II. 353, 355.
_Cases_ arising under Constitution, &c., meaning of, II. 430.
_Census_, periodical, proposed by Williamson of North Carolina, II.
153.
Vote respecting, 153.
See _Federal Census_.
_Cessions_ of Northwestern Territory, II. 342.
Of land by States to United States, 356.
See _Western_ and _Northwestern Territory_.
_Charleston_, rejoicings in, on adoption of Constitution, II. 548.
_Charter_, of William and Mary to Massachusetts, I. 5;
attempt to alter, 6.
Inviolability of, 23.
How distinguished from constitution, II. 7.
_Charter Governments_, form and character of, I. 5.
CHASE, SAMUEL, views of, respecting taxation of slaves, II. 159.
_Checks_ of one department on another, II. 301.
_Citizenship_, as qualification of national officers, II. 186, 188,
204;
of senators, 223.
State rules respecting, unlike, 199.
General privileges of, under Confederation, 206, 448;
under Constitution, 448.
See _Naturalization_.
CLARKE, GEORGE ROGERS, General, proceedings of, in Kentucky, I. 322.
CLINTON, GEORGE, message of, as Governor of New York, on revenue
system of 1783, I. 359.
Head of party in New York opposed to Constitution, II. 502.
_Coinage_ of the United States, origin of, I. 443.
COIT, captain in the Revolutionary naval force, I. 74.
_Colonies_, thirteen English, I. 3.
Ante-Revolutionary governments of, 3.
Form a union, 3.
No union of, before the Revolution, 7.
Common grievances of, 9.
People of, how descended, 9.
Rights of, how to be determined, 16;
when and how stated, 20;
declaration of, 22;
what included in, 22;
how to be enforced, 23.
Trade of, how far right to regulate in Parliament, 20.
Reduction of, to submission, great preparations for, 38.
Trade with, prohibited by Parliament, December, 1775, 38.
Change of, into States, 116.
Constitutional power of, II. 179.
_Commerce_, of the United States, I. 276;
capacity of, at the close of the war, 284.
Regulation of, a leading object of Constitutional Convention, II. 12;
became an exigency of the Union, 13;
how provided for, by Virginia plan, 90;
if universal, must include slave-trade, 285;
report of committee of detail respecting, 289;
generally conceded to general government as necessary, 290;
views of Southern statesmen respecting, 290;
by Congress, beneficial to North and South, 291;
a power conceded by South to North, 291;
indivisible, 370;
reluctance of South Carolina to concede, 546.
Want of power over, in Confederation, 279.
Interest of, in different States, not identical, 291, 299.
Powers of government over, influence of, 311.
Necessities of, basis of Constitution, 312.
See _Regulation of Commerce_.
_Commercial Convention._
See _Annapolis_ and _Virginia_.
_Commercial Power_ asked for by Congress, I. 285.
Action of the States respecting, 286.
_Commercial Treaties_, want of, displayed, I. 277.
Existing at the peace, 279.
How far the Confederation competent to make, 279.
Why not made with England, 282.
Congress endeavors to get power to make, 285.
Attempt to negotiate without power, 286.
States refuse the power to make, 287.
Fruitless efforts of the commissioners to negotiate, 289.
_Commission._
See _Commercial Treaties_ and JOHN ADAMS.
_Committee of Congress_ sent to confer with Washington, I. 60, 93.
_Committee of the States_ under the Confederation, I. 146.
_Committees of Correspondence_ recommended by Virginia, I. 11.
Agency of, 12.
_Common Law_, one of the rights of the Colonies, I. 23.
And equity, distinction between, preserved by Constitution, II. 425.
Basis of State jurisprudence, 425.
_Commutation._
See _Half-Pay_.
_Compromises_ between national and federal systems, II. 102, 104.
Lie at the basis of the Constitution, 129.
Respecting formation of Congress, 141, 167, 195;
representation in Congress, 146.
Respecting slavery, 161;
how to be effected, 163;
reflections on, 309.
Committee of, proposed by Gouverneur Morris, 201.
Respecting Senate, as affected by money bills, 217;
choice of executive, 220.
How to be studied, 220.
Respecting slave-trade and navigation act, 302.
If not made, necessary consequences, 315.
_Confederation_, office of, in American history, I. 140, 149.
Revenues of, 147.
Defects of, 148, 155; II. 11, 14, 15, 35, 60, 79, 376.
Restraints imposed by, upon the States, I. 149.
Legal commencement of, 149.
Operation of, to the close of the war, 181.
Power of, to maintain an army and navy in peace, 215.
Analyzed by Hamilton, 221.
Principle of, adhered to, 225.
Summary of its operations, 228.
Incapacity of, to protect the State governments, 260.
Had no strict power to hold or manage public lands, 291.
Decay and failure of, 328; II. 13.
Fatal defect in the principle of the, I. 371.
Nature of, II. 16.
Had no power of compulsion, 16, 376.
Powers of, 27.
Principle of, 33.
Rule of suffrage under, 42.
Had no executive or judiciary, 60.
Laws of, to be executed by State tribunals, 61.
Compared with Constitution, 90.
Articles of, framed in 1776, 158.
Assessments on States under, 160.
Still in force while Convention in session, 178.
Relation of, to States, 179.
States opposed to entering, except on full federal equality, 227.
Had no seat of government, 268.
Want of power in, over commerce, 279;
over revenues, 279.
Engagements of, proposal to assume, 321.
Want of power in, to admit new States, 349.
Rule of, respecting making of treaties, 376, 416, 441.
Nature and objects of, 448.
How amended, 473.
Chief cause of failure of, 573.
See _Articles of Confederation_ and _Congress_.
_Confiscations_, provided against, by the Treaty of Peace, I. 250.
Strict right of, belonged to the Union, 251.
_Congress_ of the Revolution, leaves Philadelphia after the battle of
the Brandywine, I. 113;
assembles at Lancaster and Yorktown, 113.
Of the Confederation, first meeting of, 125;
structure and form of, 143; II. 133, 226;
powers of, I. 144;
restrictions on powers of, 146;
attendance diminished after the peace, 189;
driven from Philadelphia by a mutiny, 220;
decline of, 226;
meeting of, in 1783, 235;
thinly attended, 235;
appointment and attendance of delegates, 237, 239;
perpetually in session, 238;
public objects to be accomplished by, 239;
condition of, in 1785, 339;
unfitted to revise the federal system, 364;
had but one chamber, II. 132;
resolution for continuance of, 176;
method of voting in, 226;
members of, chosen annually, and liable to recall, 241;
appointment of officers by, complaints respecting, 248;
met where, 268;
presence of, in New York, benefits resulting from, 273;
attempts of, to procure cessions from States, 342;
resolve of, for regulation of Northwest Territory, 342;
power of, to admit new States, 344;
transmission of Constitution to, 486;
action of, on Constitution, 499.
Old, authority of, continued till new adopted, 86.
Under Virginia plan, to have two houses, 101.
Under New Jersey plan, to be one body, 101.
Present constitution of, by whom first suggested, 138;
compromise respecting, 141, 167.
Power of, to legislate for general interests of Union, 170;
to negative State laws, 170;
respecting elections to, 257;
in general, 279;
over taxes, duties, &c., 322;
to pay debts of United States, 322;
to provide for common defence, &c., 322;
over places purchased for forts, &c., 340;
over Territories, different views concerning, 340, 358;
limited, 340;
over soil of national domain, 351;
proposed, over property of United States, 355;
restraints on, 359;
to establish inferior tribunals, 423, 427.
Acts of, supreme law, 170;
how passed, 264.
Proposal that executive be chosen by, 171.
Members of, qualifications of, 194;
ineligibility of, to office, 250;
time, &c. of electing, left to States, 258;
pay of, proceedings in Convention respecting, 258;
objections to States paying, 259;
privileged from arrest, 263;
punishment and expulsion of, 263;
not to be questioned elsewhere for speech or debate, 263.
Importance of early legislation of, 208.
Proposed to be modelled after Congress of Confederation, 226.
Admission of members of Cabinet, &c. to, question respecting, 253.
Each house of, to be judge of elections, &c. of its own members, 262;
to determine its own rules of proceeding, 263;
to keep journal, 263.
Adjournment of, 275, 419.
Exclusive sovereign of District of Columbia, 277.
Time of meeting of, 277.
To make all necessary and proper laws for execution of powers, 338.
To declare war, 413.
To authorize calling out of militia, 413.
Special relations of President to, 419.
To prescribe mode of proof and effect of State records, &c., 449.
To propose amendments to Constitution, 477.
To call Convention to amend Constitution, when, 477.
_Connecticut_, a charter government, I. 5.
Governor, council, and representatives always chosen by the people,
6.
Had five representatives in first House, 149.
Cedes claims to Western territory, 300, 344.
Appoints and instructs delegates to the Convention, 369.
Opposed to Convention, II. 23;
to executive holding office during "good behavior," 173;
to property qualification for office, 189;
to nine years' citizenship as qualification of Senator, 224;
to taxing exports, 296;
to restricting President to stated salary, 407.
In favor of equality of suffrage in both branches of Congress, 122,
138;
of equal representation of States in Senate, 141, 148, 165;
of census of free inhabitants, 153;
of referring Constitution to State legislatures, 184;
of each State having one vote in Senate, 227.
Vote of, respecting citizenship as qualification for office, 209;
respecting money bills, 216, 218;
respecting eligibility of members of Congress to office, 251;
respecting slave-trade, 305.
Ratification of Constitution by, 515.
Convention of, 527;
debates in, mostly lost, 529.
_Connecticut Reservation_, note on, I. 300.
_Constitution_, how framed, II. 3.
Means of peaceful coercion a leading object of, 62.
An abridgment of State powers in some respects, 73.
Republican government guaranteed to States by, 80, 458, 468.
Capacity of, of amendment, 84.
Why submitted to people for ratification, 84.
As reported to Convention, 86.
Different plans of, proposed in Convention, 89.
Compared with Confederation, 90.
Compromise of, between national and federal system, 102.
Based on compromises, 129.
Possibility of failure to create, reflections on, 142.
Framers of, problem before, 155;
position and purposes of, 178;
had been observers of Parliamentary corruption, 242.
State and national officers sworn to support, 177, 372.
Ratification of, 177.
Dissatisfaction with, in different States, 182.
How differs from league, 184.
Proposal to submit, to Congress of Confederation, 185.
Growth of, important to be pursued through entire proceedings, 193.
Divided into twenty-three articles by committee's report, 194.
Interest in Europe respecting, 196.
Should define eligibility to national offices, 199.
Purposes of, respecting immigrants, 209.
Analogy of, to British Constitution, 214.
Provisions of, as originally proposed, 230.
Benefits of, to North and South, 303.
Conception of, gradually attained, 311.
Hopes of framers of, exceeded, 311.
Sprung from necessities of commerce, 312.
Objections to, of favoring slavery, superficial, 313.
Proper mode of judging, 313.
Rights guaranteed to States by, 314.
Beneficent operation of, on condition of slaves, 315.
Provision of, respecting power of Congress over Territories, 355;
purpose of, 355;
explanation of, 357.
Adoption of, 372.
Preamble to, 372.
Supreme law, 374.
Binding on all judicial officers, 374.
Complex character of, 379.
Workings of, not impaired by territorial growth, 381.
Success of, when other systems had failed, cause of, 384.
Proposed by Governor Randolph, 410.
Cases arising under, meaning of, 430.
Confers few special powers on general government, 432.
Restrictions laid on States by, 432.
Powers of national and State governments determined by, 436.
Designed to form a more perfect union, 448.
Inter-state privileges under, 448.
Amendments of, how proposed and adopted, 473.
Oath to support, by whom to be taken, 478.
Religious test never to be required under, 478.
Serious questions respecting mode of establishing, 479.
Effect of ratification of, by only part of States, 484.
Formal assent of States to, in Convention, 485.
Form of attestation to, 485.
Refusal of three delegates to sign, 485.
Presentation of, to Congress, 486.
Probable consequences of rejection of, 487.
Issue presented by, to people of United States, 487.
Attempt to introduce monarchy averted by, 494.
Published September 19th, 1787, 495.
Reception of, among the people, 495.
Friends and opponents of, classified, 495.
Advocates of, why styled Federalists, 496.
Adopted by intelligent majority in each State, 499.
Reception of, by Congress, 499.
Attempt in Congress to arrest or alter, 499.
Real crisis of, 515.
General and special opposition to, 515.
People predisposed to adopt, 516.
First ratified by Delaware, 518.
Right of people to change at pleasure, 522.
Bestows only a part of power of people, 522.
Ratification of, rejoicings in honor of, 540.
Anxiety respecting State action on, 544.
Amendments of, proposed by South Carolina, 548.
Opposition to, in New York, 572.
Adoption of, an event unparalleled in history, 584.
Opponents of, concessions to, justified, 590.
_Constitutions_, written, how far existed before the Revolution, I. 4.
Of the States, origin and character of, 261.
_Constitutional Convention_, first suggestion of, I. 206.
First suggested by Massachusetts, 336.
Suggestion of Massachusetts respecting, not adopted, 337;
withdrawn, 338;
objections of her delegates in Congress to, 339.
Urged by various public bodies, 349.
Considered and adopted by Congress, 350.
Early recommendations of, 350.
Recommended by the Annapolis Commissioners, 350;
by Congress, 361.
Difficulties of its position, 367.
Powers of, not strictly defined, 367.
Opinions of leading statesmen respecting, 373.
Assembles at Philadelphia, 374.
Novelty and peculiarity of its task, 374.
List of members of, 516.
Great object of, II. 5.
Members of, character of, 17;
different views of, 17;
greatness of, 144.
Authority and powers of, uncertain, 18.
All States but Rhode Island represented in, 23.
Presence of all States in, not required, 26.
Had no power to enact or establish, 29.
Character of, 29.
Proceedings of, how to be studied, 29;
secrecy of, 491;
singular rumors respecting, 492.
Supposed want of authority in, to propose fundamental changes, 91.
Report of committee of the whole made to, June 19th, 129.
Struggle in, respecting form of Constitution, 129.
Disruption of, imminent at one time, 142.
Possible consequences of failure of, 143.
Resolution recommending, 185.
Instructions to delegates to, 185.
Causes of success of, 475.
A second, inexpedient, 475, 589.
Dissolved September 14th, 1787, 491.
_Constitutional Law, American_, originates in The Federalist, I. 417.
Questions of, how determined, II. 375.
_Constitutionality_ of laws, questions of, how settled, II. 433.
_Construction_, questions of, how far considered, II. 4.
_Consuls_, to be nominated by President, I. 418.
Cases affecting, jurisdiction of, 444.
_Continental Congress_, formation of first, I. 3.
Advised by Franklin in 1773, 10.
First suggestion of, 11.
Recommended by Virginia, 11.
Appointed for September, 1774, 12.
Declared expedient by Massachusetts, 12.
First, assembled and organized, 13;
delegates to, how appointed, 13;
how composed, 14;
method of voting in, 15;
relation of, to the people of the several Colonies, 15;
purpose of, not revolutionary, 16;
instructions to delegates in, 18;
how it sought redress, 18, 19;
revolutionary tendency of, 19;
assumed guardianship of rights and liberties, 19;
proceedings of, in stating rights, 20;
duration of, 24;
adjournment of, 25;
recommends another Congress, 25;
where held from 1774 to 1783, 226;
each Colony had one vote in, II. 227.
Second, election of delegates to, by Massachusetts Provincial
Congress, I. 27;
assembles at Philadelphia, 28;
delegates to, how appointed, 29;
instructions to delegates to, 29;
rule of voting in, 29;
powers assumed by, 31.
Becomes a permanent body, 30.
Petition of, to the King, 38.
Dissolves the allegiance of the Colonies to the King, 38.
Becomes a revolutionary government, 39.
Nature of the government by, 54.
Situation of, at the end of 1776, 100.
Change in the members of, in 1777, 104.
Credentials of members of, in 1776, 105.
Constitution of, II. 42.
_Continental Currency_ first issued, I. 34.
_Contracts_, restraint on legislative violation of, origin of, II.
361, 365;
obligation of, impaired by State law, redress in case of, 433.
See _Obligation of Contracts_.
_Contribution_, rule of, attempted to be changed, I. 210.
_Convention_, at Williamsburg, I. 12.
At Hartford, in 1779, 205.
_Convention of all the States._ See _Constitutional Convention_.
_Copyrights_, State legislation concerning, II. 339.
Power over, surrendered to Congress, 339.
CORNWALLIS, enters Newark, I. 98.
Effect of capture of, 157.
_Council_, vacancies in, how filled in provincial governments, I. 4.
Suspension of, from office in provincial governments, 4.
Part of the provincial governments, 4;
charter governments, 5.
How chosen, 5.
_Council of Revision_, proposed, dangers of, II. 435;
much favored in Convention, 438;
purpose of, 438.
_Counterfeiting_, power of Congress to define and punish, II. 332.
_Courts_, inferior, Congress may establish, II. 330, 423.
_Courts of United States_, jurisdiction of, over persons of certain
character, II. 441.
Admiralty and maritime jurisdiction of, 445.
_Creditors_, rights of, secured by the Treaty of Peace, I. 250.
_Crimes_, trial for, to be in State where committed, II. 424;
to be by jury, 424.
_Crown_, the source of political power in the Colonies, I. 3.
Powers of, in provincial governments, 4.
_Currency_ under Revolutionary government, I. 78.
CUSHING, THOMAS, suggests Continental Congress, I. 11.
Delegate to first Continental Congress, 13.
D.
DANE, NATHAN, author of Ordinance of 1787, II. 344, 365.
_Debts_ due to English merchants at the peace, I. 250.
Action of Congress respecting, 258.
Of States, proposition to assume, II. 319.
Of United States, provision for payment of, 320;
power of Congress to pay, 322.
_Debt of the United States_, in 1783, I. 172.
Foreign and domestic, where held, 178.
National character of, 182.
Necessity of revenue power to discharge, 183.
Amount of, at the close of the war, 184.
_Declaration of Independence_, authorship of, I. 81.
Effect of, upon the country, 89;
upon Congress, 90.
See _Independence_.
_Declaration of Rights_, by first Continental Congress, I. 22.
_Delaware_, a proprietary government, I. 5.
Constitution of, formed, 122.
Resists the claim of great States to Western lands, 131.
Ratifies the Confederation, 135.
Action of, commended, 138.
Resolves of, respecting the Articles of Confederation, 498.
Opposed to change in rule of suffrage, II. 35;
to division of legislature, 133;
to census of free inhabitants, 153;
to striking out wealth from rule of representation, 164;
to referring Constitution to people, 185;
to property qualification for office, 189;
to restricting President to stated salary, 407.
Vote of, respecting citizenship as qualification for office, 209;
respecting money bills, 216, 218;
respecting slave-trade, 305;
respecting admission of States, 354.
In favor of equality of suffrage in House of Representatives, 138;
of equality of States in Senate, 165;
of executive holding office during "good behavior," 173;
of referring Constitution to State legislatures, 184;
of each State having one vote in Senate, 227;
of taxing exports, 296.
Had one representative in first House, 149.
Ratification of Constitution by, 515, 518.
Patriotism of, 518.
Enlightened by discussions on Constitution in Pennsylvania
convention, 518.
_Delaware River_, Washington crosses the, I. 99.
_Delegate_, Territorial, position of, in Congress, II. 256.
_Democracy_, did not originate in America, II. 7.
Principle of, how modified in America, 7.
_Departments of Government_, division of, I. 118.
DICKINSON, JOHN, in favor of tax on exports, II. 284.
_Dictatorship._ See _Washington_.
_District of Columbia_, under exclusive government of Congress, II.
277.
_Dock-Yards_, authority of Congress over, II. 340.
DORSET, Duke of, reply of, to the American Commissioners, I. 289.
DUANE, JAMES, efforts of, to procure adoption of Constitution by New
York, II. 585.
_Duties_, power to levy, asked for by Congress in 1781, I. 173;
not given, 174.
Power of Congress to impose, II. 322.
To be uniform throughout United States, 325.
What may be laid by States, 368.
Laid by States, net produce of, how applied, 368;
subject to revision of Congress, 368.
Payment of, how compelled, 433.
E.
_Eastern States_, course of, respecting the navigation of the
Mississippi, I. 315.
_Elections_, frequency of, favored, II. 241.
_Elective Franchise_, could not be confined to native citizens, II.
198.
_Electors_, of President, advantages of, II. 175;
proposed in committee, 220;
number of, 235, 389;
embarrassments respecting choice of, 388;
mode of election by, 390;
case of no choice by, 390;
required to return votes for two persons, 393;
how chosen, 398;
method of proceeding, 399;
new appointment of, when, 403.
Property as a qualification of, 187.
Of representatives in Congress, qualification of, 194, 200.
ELLSWORTH, OLIVER, compromise respecting Congress proposed by, II.
141.
Opposed to tax on exports, 294.
Influence and arguments of, in Connecticut convention, 528.
_Emigration_, from Europe, a subject of solicitude, II. 195.
_England_, government of, not a model for the Constitution, I. 391.
_English Language_ spoken by the colonists, I. 3, 9.
_English Laws_ inherited by the colonists, I. 9.
_Enlistments._ See _Army_ and _Bounties_.
_Equity_ and common law, distinction between, preserved by
Constitution, II. 425.
Jurisdiction under Constitution important, 425.
_Europe_, politics of, as affecting America, II. 80.
_Excises_, power of Congress to collect, II. 322.
To be uniform throughout United States, 325.
_Executive_, methods proposed for choice of, II. 59, 171.
Duration of office of, under Hamilton's plan, 100.
Duration of office of, 171;
proposed to be during "good behavior," 173.
Re-eligibility of, different views respecting, 172, 175.
Choice of, directly by people, difficulties attending, 174.
Whether should be subject to impeachment, 175.
Choice of, conflict of opinions respecting, 220;
proposed to be by Congress for seven years, 220;
by electors, 220;
by Senate, in certain events, 221;
by House of Representatives, 222;
by concurrent vote of Senate and House of Representatives, 223,
230;
proposed negative of Senate in, 232.
Jealousy of, 232.
See _President_ and _Vice-President_.
_Executive Department_, proposed constitution and powers of, II. 56,
170.
Relation of, to legislature, 57, 247.
Unknown to Confederation, 60.
Powers of, defined by constitutions in America, 72.
Influence to be allowed to, over legislative, 244.
Action of, requires discretion, 246.
"_Executive Power_" vested in President, meaning of, 412.
_Exports_, taxation of, Pinckney's proposition concerning, II. 189;
refusal of South Carolina to submit to, 281, 285;
an undoubted function of government, 282;
consequences of denial of, 282;
when only beneficial, 282;
question of, as affected by variety, 283;
members of Convention in favor of, 284;
report of committee of detail respecting, 290;
great embarrassments respecting, 294;
arguments for and against, 294, 297;
opposition to, not confined to South, 294;
by States, an oppressive power, 295;
finally prohibited, 295;
for what reasons opposed in Convention, 297;
by States, arguments for and against, 368.
_Ex Post Facto Laws_, definition of, II. 360, 367.
Passage of, prohibited to Congress, 360;
to States, 368.
F.
_Faith and Credit_, to be given to certain acts, &c., I. 143.
_Falmouth_ (now Portland), burnt, I. 38, 74.
_Faneuil Hall_, meeting at, respecting a national regulation of
commerce, I. 336.
_Federal Census_, origin of its rule of three fifths, I. 213.
_Federal Government_, how distinguished from "national," II. 33.
By what States preferred, 117.
Arguments in favor of, 124;
theoretically sound, 126.
Had proved a failure, 127.
_Federal Town._ See _Congress_ and _Seat of Government_.
_Federalist_, original meaning of, II. 496.
Changes in meaning of term, 497.
Miniature ship so called, 543.
_Federalists_ of Massachusetts, enthusiasm kindled by, II. 541.
Of New Hampshire, action of, 541.
Of New York, justified by Washington, 590;
complaints against, 591.
_Federalist, The_, published, I. 409.
Character and influence of, 417.
History of the editions of, 418.
Remark of, respecting Confederation, II. 61.
Purpose of publication of, 503.
When first issued, 503.
Authors of, 503.
_Felony_, various meanings of, II. 331.
Power of Congress to define and punish, 331.
_Finances_, must rest on some source of compulsory revenue, I. 183.
See _Debts_, _Revenue_, and _Duties_.
_Fisheries_, great value of, II. 310.
_Foreigners_, cases affecting, jurisdiction in, II. 443.
Cannot demand sanctuary as matter of right, 457.
_Foreign Influence_, jealousy of, II. 196, 204, 223.
Necessity of counteracting, 211.
_Forts_, authority of Congress over, II. 340.
_Framers of the Constitution_, difficulties and perplexities of their
task, I. 380.
Their qualifications, &c., 386.
Their success, 393.
_France_, debts of the United States to, I. 172.
Contracts with the king of, 177.
Relations of the United States to, 178.
FRANKLIN, BENJAMIN, his plan of union in 1754, I. 8.
Advises a Congress in 1773, 10.
Appointed Postmaster-General by Continental Congress, 35.
One of the committee to prepare Declaration of Independence, 50.
One of the commissioners to procure commercial treaties, 287.
Returns from Europe, 433.
Public services of, 433.
Character of, 435.
Influence in the Convention, 436.
Speech of, at the close of the Convention, 437.
Witnesses the success of Washington's administration, 439.
Proposition of, respecting representation in Congress, II. 146.
Views of, respecting money bills, 218.
Opposed to paying President, 405.
In favor of plural executive, 405.
Views of, respecting executive, quite unlike Hamilton's, 405;
respecting consequences of rejection of Constitution, 487.
Unbounded confidence of people in, 498.
_Free Inhabitants_, privileges of, I. 143.
_French Loans._ See _France_.
_French Revolution_, early writers of the, I. 378.
Begun when Constitution went into operation, II. 80.
Interest felt in, in America, 80.
_French Troops_, arrive at Newport, I. 156.
Join the army at New York, 156.
_Fugitives_, from justice, provision for surrender of, under the
Confederation, I. 143, II. 449.
From service, clause in Constitution respecting, history of, 450.
See _Slaves_.
G.
_General Convention._ See _Constitutional Convention_.
_Georgia_, a provincial government, I. 4.
Constitution of, formed, 122.
Appoints and instructs delegates to the Convention, 369.
Had but one chamber in legislature, II. 132.
Opposed to equality of suffrage in House of Representatives, 138.
Divided on question of equal vote of States in Senate, 141, 148.
Had three representatives in first House, 149.
Opposed to census of free inhabitants, 153;
to equality of States in Senate, 165;
to executive holding office during "good behavior," 173.
In favor of property qualification for national officers, 204.
Vote of, respecting citizenship as qualification for office, 209;
respecting money bills, 216, 218.
Divided on question of each State having one vote in Senate, 227.
Opposed to taxing exports, 296.
Position of, in Convention, respecting slave-trade, 297, 301.
Vote of, respecting slave-trade, 305.
Cession by, in 1802, 357.
Vote of, on suspension of habeas corpus, 360;
respecting citizenship clause in Constitution, 453.
Ratification of Constitution by, 515, 526.
Remoteness of, 526.
Situation of, at close of Revolution, 526.
Motives of, to embrace Constitution, 526.
Address by legislature of, to President Washington, 527.
Exposure of, to ravages of Indians, 527.
Escape of slaves from, to Florida, 527.
GERRY, ELBRIDGE, opposed to numerical representation in Congress, II.
49;
to tax on exports, 294.
Refused to sign Constitution, why, 485.
Censured for refusing to sign Constitution, 501.
GILLON, Commodore, arguments of, in convention of South Carolina, II.
548.
GORHAM, NATHANIEL, views of, respecting rule of suffrage for House of
Representatives, II. 135.
A member of committee to apportion representatives, 148.
_Government_, disobedience to, how punished, II. 61.
Essentials to supremacy of, 62.
Different departments in, advantages of, 245.
Approximation to perfect theory of, only attainable, 247.
Distribution of powers of, when easy, 421;
when difficult, 421.
_Governor_, part of the provincial governments, I. 4.
GRAYSON, WILLIAM, opposed to Constitution, II. 506.
_Great Britain_, re-union with, desired by some, II. 493;
letter of Colonel Humphreys respecting, 493;
Hamilton's views respecting, 494.
_Green Dragon Tavern_, meeting at, respecting a national regulation of
commerce, I. 336.
_Grievances._ See _Colonies_ and _Revolution_.
_Guardoqui_, Spanish minister, arrival of, I. 313.
Negotiations with, respecting the Mississippi, 313.
H.
_Habeas Corpus_, privilege of, when suspended, II. 359;
under common law of England, 359.
_Half-pay_, resisted by Connecticut and Massachusetts, I. 190.
History of, 194.
Commutation of, 194.
See _Officers of the Revolution_.
HALLAM, HENRY, Constitutional History of England by, great value of,
II. 244.
HAMILTON, ALEXANDER, laments the changes in Congress in 1778, I. 127.
Exertions of, respecting revenue system, 176.
Reasons of, for voting against revenue system, 177.
Answers the objections of Rhode Island, 177, 206, 207.
On the commercial advantages of a revenue power, 184.
On the discontents of the army, and the public credit, 197.
Opinions of, concerning the reorganization, &c., in 1780, 202.
Maintains that Congress should have greatly enlarged powers, 204.
Suggests a convention of all the States in 1780, 205.
Enters Congress, 206.
On a revenue, and the mode of collecting it, 207.
On the compatibility of federal and State powers, 207.
On the appointment of revenue officers, 208.
Extent of views of, 209.
On the rule of contribution, 210.
On the necessity for power of taxation, 211.
Seeks to introduce new principles, 211.
On a peace establishment, 214.
Opinions on the powers that should be given to Congress, 219.
Exertions of, to suppress the mutiny at Philadelphia, 220.
Views of, respecting defects of the Confederation, 221.
Opinions of, too far in advance of the time, 224.
Answers New York objections to revenue system, 247.
Opinions of, concerning the Confederation, 263.
Views of, respecting the regulation of commerce, 277;
the statesmanship of America, 278.
Induces New York to send delegates to Annapolis, 345.
Reports at Annapolis in favor of a general Convention to revise the
federal system, 347.
Relation of, to the plan of a general Convention, and a national
Constitution, 350.
Contemplates a new government, 350.
Induces the legislature of New York to urge a general Convention,
359.
Views of, on the mode of proceeding, 364.
Confidence of, in the experiment of a Convention, 373.
History and character of, 406.
Birth of, 408.
Various public services of, 409, II. 593.
Talleyrand's opinion of, I. 410.
Death of, 410.
Views of, respecting the English Constitution, 411.
Relation of, to the Constitution, 412.
Compared with the younger Pitt, 413, 416.
Eminent fitness of, for the times, 414.
Advocates the Constitution in the Federalist, 417.
Compared with Webster, 418.
Anxiety of, about the Constitution, 419.
Unjustly charged with monarchical tendencies, II. 11, 94, 110.
Views of, respecting Constitution, 94.
Principles of civil obedience, as propounded by, 96.
Views of, respecting rule of suffrage for House of Representatives,
135;
dissolution of Union, 136;
choice of President, 174, 240, 392;
naturalization, 205;
larger House of Representatives, 213.
Measures of, respecting summoning of Constitutional Convention, 273.
Views of, respecting executive, quite unlike Franklin's, 405;
President's power to adjourn Congress, 420.
Explanation of, respecting appellate power of Supreme Court, 428.
Views of, respecting amendment of Constitution, 477.
Objections of, to Constitution, 487.
Views of, respecting consequences of rejection of Constitution, 487,
570;
possible reunion with Great Britain, 494.
Essays of, in Federalist, 503.
Believed people predisposed in favor of Constitution, 516.
Arrangements of, for transmission of news of action of States on
Constitution, 551.
Leading spirit in convention of New York, 568.
Anxiety of, respecting action of States on Constitution, 569.
Had great cause for solicitude, 569.
Prospects of usefulness of, 569.
Foresight of, respecting operation of Constitution, 570.
Had profound understanding of Constitution, 570.
Ambition of, 570.
Importance of public character and conduct of, 570.
Contest of, with opponents of Constitution in New York, 571.
Critical position of, as citizen of New York, 571.
Reply of, to opponents of Constitution in New York, 572.
News received by, of ratification of Constitution by New Hampshire,
573.
Letter of, to Madison, respecting chances of ratification by New
York, 575.
Would have been led by personal ambition to remove from New York,
575.
Policy of, national, 577.
Reason of, for embracing Constitution, 577.
Efforts of, to procure adoption of Constitution by New York, 577,
584.
Sends news of ratification by New Hampshire to Madison, 578.
Great speech of, in New York convention, in favor of Constitution,
586.
Writes to Madison, asking advice respecting New York, 587.
Honors paid to, by city of New York, 592.
HANCOCK, JOHN, retires from Congress, I. 125.
Returns to Congress, 126.
President of Massachusetts convention, II. 537.
Proposes amendments to Constitution, 537.
Great influence of, 537.