pro tempore, in the Absence of the Vice President, or when he shall
exercise the Office of President of the United States.
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.
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.
SECTION 4. 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.[168]
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. 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.
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.
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.
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. 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.[169] They shall in all Cases,
except Treason, Felony, and Breach of the Peace, be privileged from
Arrest during their Attendance of 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.
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.[170]
SECTION 7. 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.
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.[171]
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 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;[172] but all
Duties, Imposts, and Excises shall be uniform throughout the United
States;
To borrow Money on the Credit of the United States;
To regulate Commerce with foreign Nations, and among the several
States, and with the Indian Tribes;
To establish an uniform Rule of Naturalization,[173] and uniform Laws
on the subject of Bankruptcies throughout the United States;
To coin Money, regulate the Value thereof, and of foreign Coin, and fix
the Standard of Weights and Measures;
To provide for the Punishment of counterfeiting the Securities and
current Coin of the United States;
To establish Post Offices and post Roads;
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;
To constitute Tribunals inferior to the supreme Court;
To define and punish Piracies and Felonies committed on the high Seas,
and Offences against the Law of Nations;
To declare War, grant Letters of Marque and Reprisal, and make Rules
concerning Captures on Land and Water;
To raise and support Armies, but no Appropriation of Money to that Use
shall be for a longer Term than two Years;
To provide and maintain a Navy;
To make Rules for the Government and Regulation of the land and naval
Forces;
To provide for calling forth the Militia to execute the Laws of the
Union, suppress Insurrections and rebel Invasions;
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;
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
To make all Laws which shall be necessary and proper[174] 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. [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.]
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.
No Bill of Attainder or ex post facto Law shall be passed.
No Capitation, or other direct,[175] Tax shall be laid, unless in
Proportion to the Census or Enumeration herein before directed to be
taken.
No Tax or Duty shall be laid on Articles exported from any State.
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.[176]
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.
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. 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.
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 its 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.
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.[177]
(=Exercise on Article One.=--Are the names in Section 1 new in
American history? Can Congress constitutionally provide for
woman suffrage by law? If a Senator from your State were to die
to-morrow, how would his place be filled? Would it have been filled
differently, if it had happened at any other time during the year?
How long would the new Senator keep his seat? (The same questions
as to a Representative.) How many Representatives has your State?
When did it last gain or lose one? How many has the largest State
in the Union (cf. World Almanac)? How many has the smallest State?
Do you need a World Almanac to answer the last question? Under
what possible conditions can the presiding officer of the Senate
vote even when there is no tie? With what provision in Section
9 is the last paragraph of Section 3 logically connected? If a
Representative utters plain treason on the floor of the House, can
he be punished? How? Commit to memory Section 8. Make two questions
upon naturalization and citizenship, based upon the note on page
556. _Write appropriate headings for each section_; _e.g._, for
Section 8, "Powers of Congress.")
ARTICLE II
SECTION 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:
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.][178]
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.
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.
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.[179]
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.[180]
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. 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,[181] and he shall have Power to grant
Reprieves and Pardons for Offences against the United States, except in
Cases of Impeachment.
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,[182] 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.
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 Misdemeanours.
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. 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 or another State;[183]--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.
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.
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. 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.
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.[184]
(On the appellate jurisdiction, cf. _American History and
Government_, ## 207 _a_ and 217. Section 25 of the Judiciary Act of
1789, still in force, defines that jurisdiction as follows:
"_And be it further enacted_, That a final judgment or decree in
any suit, in the highest court of law or equity of a State in which
a decision in the suit could be had, when is drawn in question
the validity of a treaty or statute of, or an authority exercised
under, the United States, and the decision is against their
validity; or when is drawn in question the validity of a statute
of, or an authority exercised under, any State, on the ground of
their being repugnant to the Constitution, treaties, or laws of the
United States, and the decision is in favor of such their validity;
or when is drawn in question the construction of any clause of the
Constitution, or of a treaty, or statute of, or commission held
under, the United States, and the decision is against the title,
right, privilege, or exemption, especially set up or claimed ...
under such clause of the said Constitution, treaty, statute, or
commission, may be re-examined, and revised or affirmed in the
Supreme Court of the United States upon a writ of error. ..."
On the establishment of "inferior courts," cf. _American History
and Government_, # 217. Such courts at present (1913) are from the
bottom up:--
1. _District Courts._ Over ninety in 1911; the law of 1789 provided
for thirteen.
2. _Circuit Courts._ Nine, each three justices. The first law,
1789, provided three circuit courts, but no special circuit judges;
a circuit court then consisted of a justice of the Supreme Court
"or circuit" and one or more judges of district courts included
within the circuit. This remained the rule with a brief attempt at
change in 1801, as described in # 240, until 1866, when separate
circuit justices were provided.
3. _Circuit Courts of Appeals._ One for each of the nine circuits,
composed of a justice of the Supreme Court and of other Federal
judges--not less than three in all, and not including any justice
from whose decision the appeal is taken. This order of courts was
instituted in 1891, to relieve the Supreme Court which was then
hopelessly overburdened with appeals from lower courts. In most
cases, now, the decision of the circuit court of appeals is final.
4. _The Supreme Court._ One Chief Justice and eight Associate
Justices. Its business now is confined very largely to those
supremely important matters specified in the Constitution and in
the law of 1789 quoted above.
There are also three special courts, somewhat outside this system:
(1) the Federal _Court of Claims_, to determine money claims
against the United States, established in 1855; (2) _Court of
Customs Appeals_, established in 1909; and (3) _the Commerce
Court_, created in 1910, to revise the work of the Interstate
Commerce Commission.)
ARTICLE IV
SECTION 1. Full Faith and Credit shall be given in each State to the
public Acts, Records, and judicial Proceeding 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. The Citizens of each State shall be entitled to all
Privileges and immunities of Citizens in the several States.[185]
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.
[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.][186]
SECTION 3. 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.
The Congress shall have Power to dispose of and make all needful Rules
and Regulations respecting the Territory or other Property belonging
to[187] 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[188]
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
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.
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.[189]
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.
(Exercise.--Write headings for each Article in the Constitution.
Restate Sections 1 and 2 of Article IV in form appropriate for
insertion in Section 10 of Article I. Cf. with corresponding
provisions in the Articles of Confederation and in the Constitution
of the New England Confederation. Can you restate Sections 3 and
4 so as to fit them for insertion under any preceding Article?
Observe that Articles I, II, III, and V give the framework. Article
VII, highly important at the time, had but temporary significance.)
AMENDMENTS
[i][190]
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.
[ii]
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.
[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.
[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.
[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.
[vi]
In all criminal prosecutions the accused shall enjoy the right to a
speedy and public trial, by an impartial jury of the State and district
wherein the crime shall have been committed, which district shall have
been previously ascertained by law, and to be informed of the nature
and cause of the accusation; to be confronted with the witnesses
against him; to have compulsory process for obtaining witnesses in his
favor, and to have the Assistance of Counsel for his defence.
[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.
[viii]
Excessive bail shall not be required, nor excessive fines imposed, nor
cruel and unusual punishments inflicted.
[ix]
The enumeration in the Constitution, of certain rights, shall not be
construed to deny or disparage others retained by the people.
[x][191]
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.
[xi][192]
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.
[xii][193]
The Electors shall meet in their respective States, and vote by ballot
for President and Vice President, one of whom, at least, shall not
be an inhabitant of the same State with themselves; they shall name
in their ballots the person voted for as President, and in distinct
ballots the person voted for as Vice President, and they shall make
distinct lists of all persons voted for as President, and of all
persons voted for as Vice President, and of the number of votes for
each, which lists they shall sign and certify, and transmit sealed
to the seat of the government of the United States, directed to the
President of the Senate;--The President of the Senate shall, in the
presence of the Senate and House of Representatives, open all 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.
[xiii][194]
SECTION 1. Neither slavery nor involuntary servitude, except as a
punishment for crime whereof the party shall have been duly convicted,
shall exist within the United States, or any place subject to their
jurisdiction.
SECTION 2. Congress shall have power to enforce this article by
appropriate legislation.
[xiv][195]
SECTION 1. All persons born or naturalized in the United States, and
subject to the jurisdiction thereof, are citizens of the United States
and of the State wherein they reside. No State shall make or enforce
any law which shall abridge the privileges or immunities of citizens
of the United States: nor shall any State deprive any person of life,
liberty, or property, without due process of law; nor deny to any
person within its jurisdiction the equal protection of the laws.
SECTION 2. Representatives shall be apportioned among the several
States according to their respective numbers, counting the whole number
of persons in each State, excluding Indians not taxed. But when the
right to vote at any election for the choice of electors for President
and Vice President of the United States, Representatives in Congress,
the Executive and Judicial offices of a State, or the members of the
Legislature thereof, is denied to any of the male inhabitants of such
State, being twenty one years of age, and citizens of the United
States, or in any way abridged, except for participation in rebellion,
or other crime, the basis of representation therein shall be reduced in
the proportion which the number of such male citizens shall bear to the
whole number of male citizens twenty one years of age in such State.
SECTION 3. No person shall be a Senator or Representative in Congress,
or elector of President and Vice President, or hold any office, civil
or military, under the United States, or under any State, who, having
previously taken an oath, as a member of Congress, or as an officer of
the United States, or as a member of any State legislature, or as an
executive or judicial officer of any State, to support the Constitution
of the United States, shall have engaged in insurrection or rebellion
against the same, or given aid or comfort to the enemies thereof.
But Congress may by a vote of two-thirds of each House, remove such
disability.
SECTION 4. The validity of the public debt of the United States,
authorized by law, including debts incurred for payment of pensions and
bounties for services in suppressing insurrection or rebellion, shall
not be questioned. But neither the United States nor any State shall
assume or pay any debt or obligation incurred in aid of insurrection
or rebellion against the United States, or any claim for the loss or
emancipation of any slave; but all such debts, obligations and claims
shall be held illegal and void.
SECTION 5. The Congress shall have power to enforce, by appropriate
legislation, the provisions of this article.
[xv][196]
SECTION 1. The right of citizens of the United States to vote shall not
be denied or abridged by the United States or by any State on account
of race, color, or previous condition of servitude.
SECTION 2. The Congress shall have power to enforce this article by
appropriate legislation.
[xvi][197]
The Congress shall have power to lay and collect taxes on incomes, from
whatever source derived, without apportionment among the States, and
without regard to any census or enumeration.
[xvii][198]
The Senate of the United States shall be composed of two Senators from
each State, elected by the people thereof for six years; and each
Senator shall have one vote. The electors in each State shall have the
qualifications requisite for electors of the most numerous branch of
the State Legislatures.
When vacancies happen in the representation of any State in the Senate,
the executive authority of such State shall issue writs of election to
fill vacancies: Provided, that the Legislature of any State may empower
the executive thereof to make temporary appointments until the people
fill the vacancies by election as the legislature may direct.
This amendment shall not be so construed as to affect the election or
term of any Senator chosen before it becomes valid as a part of the
Constitution.
FOOTNOTES:
[157] The Federalist side is presented in books which should be
accessible in reference libraries, much more fully than can possibly be
reproduced here. Space is given for only three documents which indicate
something of the opposition.
[158] "Necessary and proper." Mason almost alone saw the possibilities
of change in this clause. Cf. No. 164 below.
[159] Cf. _American History and Government_, # 211.
[160] _Ib._, # 204 _a_.
[161] Modified by the Fifteenth Amendment; and cf. _American History
and Government_, # 209
[162] The abolition of slavery has rendered obsolete the clauses within
brackets in this paragraph.
[163] Cf. _American History and Government_, # 205 _b_. The first
census was taken in 1790, the second year of the new government, and
one has been taken in the closing year of each decade since.
[164] The First Congress made the number 33,000. It is now (1911)
193,284.
[165] Superseded by the Seventeenth Amendment.
[166] Precedents for this principle of "partial renewals" were found in
several State Constitutions.
[167] What is the antecedent?
[168] A law of 1872 requires all Representatives to be chosen on "the
Tuesday next after the first Monday in November" in each even-numbered
year; and a law of 1871 had already ordered that all such elections
should be by ballot. An Act of 1866 provided a uniform method of
electing Senators: the legislation of each state (in which such an
election is to be made) to vote first _in separate Houses_, and, if no
one candidate received a majority in each House, then thereafter in
_joint_ session, taking at least one ballot daily until some candidate
received a majority, or until the legislative session came to an end
without an election. Forty-seven years later (1913), this law was
superseded by the Seventeenth Amendment.
[169] How does this compare with the rule of the Articles of
Confederation?
[170] This paragraph, designed to prevent corruption by direct use
of the executive patronage, was vehemently opposed by Hamilton
and Gouverneur Morris. See also a similar clause in Articles of
Confederation.
[171] The first veto provision in a State Constitution (New York, 1777)
ran as follows:--
"Section III. And whereas laws inconsistent with the spirit of this
constitution, or with the public good, may be hastily and unadvisedly
passed: Be it ordained that the governor for the time being, the
chancellor, and the judges of the supreme court, or any two of them
together with the governor, shall be and hereby are constituted a
council to revise all bills about to be passed into laws by the
legislature. ... [Provision for veto procedure and reconsideration in
language essentially the same as in Massachusetts provision given
below.]
"And in order to prevent unnecessary delays, be it further ordained
that if any bill shall not be returned by the council within ten days
after it shall have been presented, the same shall be a law, unless the
Legislature shall, by their adjournment, render a return of the said
bill within ten days impracticable; in which case the bill shall be
returned on the first day of the Legislature after the expiration of
the ten days."
The Veto Provision in the Massachusetts Constitution of 1780 ran:--
"Article II. No bill or resolve of the senate or house of
representatives shall become a law, and have force as such, until
it shall have been laid before the governor for his revisal; and
if he, upon such revision, approve thereof, he shall signify his
approbation by signing the same. But if he have any objection to the
passing of such bill or resolve, he shall return the same, together
with his objections thereto, in writing, to the senate or house of
representatives, in whatsoever the same shall have originated, who
shall enter the objections sent down by the governor, at large, on
their records, and proceed to reconsider the said bill or resolve; but
if after such reconsideration, two-thirds of the said senate or house
of representatives shall, notwithstanding the objections, agree to pass
the same, it shall, together with the objections, be sent to the other
branch of the legislature, when it shall also be reconsidered, and if
approved by two-thirds of the members present, shall have the force of
law; but in all such cases, the vote of both houses shall be determined
by yeas and nays; and the names of the persons voting for or against
the said bill or resolve shall be entered upon the public records of
the Commonwealth.
"And in order to prevent unnecessary delays, if any bill or resolve
shall not be returned by the governor within five days after it shall
have been presented, the same shall have the force of law."
The Virginia Plan recommended essentially the New York method. The
Massachusetts delegates at Philadelphia, however, contended strenuously
for the plan in use in their State, and finally carried their point.
The "pocket-veto" clause (the last provision of the text above) was
original in the Federal Constitution.
[172] Observe punctuation and paragraphing; and see for comment
_American History and Government_, # 204 a.
[173] Citizenship, in practice, comes by birth or by admission by a
court of record under authority of a law of Congress. Two classes
of people are citizens by birth: (1) according to the Fourteenth
Amendment, all who are born within the limits of the United States
(except children of official representatives of foreign states, of a
foreign army occupying part of our territory); (2) according to a law
of Congress, all who are born of parents who are American citizens
but who were temporarily residing abroad. No one not included in one
of the above classes can become a citizen except by (1) a special Act
of Congress, or (2) by admission by a court of record under authority
of the general law passed by Congress. That law has varied from time
to time (cf. index, for some of the more important variations); but
the usual period of residence required for an alien, previous to
admission, has been five years,--which is also the present requirement
(1913). The present law (passed in 1906) requires also a two years'
previous "notice of intention," and excludes all who cannot "speak"
English (unless homesteaders), all polygamists, and all who disbelieve
in "organized government." Some States, however, permit aliens to
vote after receiving their "first papers,"--_i.e._, after making the
preliminary "declaration of intention," before a clerk of court. The
final admission rests with a judge,--who _may_ make his examination
of the applicant rigid or a mere matter of form. The power has been
sometimes abused for political purposes, both in excluding and in
admitting unfit aliens.
[174] For comment and reference, see _American History and Government_,
## 204 _b_, 222, 280 _b_. Cf. also with enumeration of powers in
Articles of Confederation.
[175] Modified, so far as "direct" income taxes are concerned, by the
Sixteenth Amendment.
[176] With what clause in Section 8 might this paragraph have been
combined?
[177] Additional prohibitions upon the States are contained in the
Thirteenth, Fourteenth, and Fifteenth Amendments, just as certain
additional prohibitions upon Congress are contained in Amendments 1-8.
Compare with Section 10 the summary of prohibitions upon the State in
the Articles of Confederation.
[178] Superseded by Twelfth Amendment, which might have been
_substituted_ for this paragraph in the body of the document.
[179] In 1792, Congress provided that the president pro tem of the
Senate should be next in succession, and after him the Speaker of the
House. In 1886 (Jan. 19), this undesirable law was supplanted by a new
one, placing the succession (after the Vice President) in the following
order: Secretary of State, Secretary of the Treasury, Secretary of War,
Attorney-General, Postmaster-General, Secretary of the Navy, Secretary
of the Interior. Cannot the student see on what ground these officers
are named in this order? Cf. _American History and Government_, # 215
and note. This provides securely against any interregnum, and (what
is almost as important) against a transfer by accident to an opposite
political party.
[180] What is the antecedent of "them"? The salary of George Washington
was fixed by the First Congress at $25,000. This amount remained
unchanged until 1871, when it was made $50,000. In 1909, the salary
was raised to $75,000. Large allowances are made also, in these latter
days, for expenses of various sorts,--one item of $25,000 for instance,
for traveling expenses,--which is the reason the salary is commonly
referred to as $100,000.
[181] For the development of the "Cabinet," cf. _American History and
Government_, # 215.
[182] _Ib._, # 214, for different views, at the beginning of the
government, as to this clause, and for the settlement in practice.
[183] Limited by the Eleventh Amendment to cases begun by a State as
plaintiff. Cf. _American History and Government_, # 218.
[184] The last three paragraphs of this section might have been
included advantageously in a "bill of rights." What preceding
paragraphs might have been so disposed of?
[185] Extended by Fourteenth Amendment.
[186] Superseded by Thirteenth Amendment so far as it relates to slaves.
[187] On the significance of this language as to Territory, cf.
_American History and Government_, # 260 _c_.
[188] Article V, as far as to the brackets, should be committed to
memory. Note the _four_ varieties of amendment provided. Only one
has ever been used (1913). Congress has always proposed, and State
legislatures ratified. On the amending clause in general, cf. index to
_American History and Government_.
[189] On the history of this clause, cf. # 207 _a_.
[190] Originally, the first twelve amendments were not numbered in the
official manuscripts.
[191] These first ten amendments were in force after November 3, 1791.
Cf. comment in _American History and Government_, # 216. They are
usually referred to as the Bill of Rights. It is a suggestive exercise
to rewrite the "bill of rights," incorporating all those features of
that character which are included in the body of the Constitution.
[192] Proclaimed to be in force January 8, 1798. For the history, cf.
_Ib._, # 217.
[193] Proclaimed in force September 25, 1804. Cf. _Ib._, # 241.
[194] Proclaimed in force December 18, 1865. On Amendments Thirteen to
Fifteen inclusive, cf. _Ib._, ##377, 385 ff.
[195] Proclaimed in force July 28, 1868.
[196] Proclaimed in force March 30, 1870.
[197] Ratified in 1913, while these pages were at press.
[198] Ratified in 1913, while these pages were at press.
INDEX OF SOURCES
The _Writings_ of statesmen or the _Records_ of a colony are sometimes
indexed twice,--once by title, under the name of the subject, and once
by the name of the editor. The latter is done, however, only in cases
where it is customary to quote the work with the editor's name, as
with =Hening's= _Statutes_. Authors' and editors' names, when standing
first, are in =heavy-faced type=. Titles, even when the work is indexed
by title rather than by editor, are in _italics_. Each entry closes
with a list of the selections in this volume which are based upon it.
In many cases the introduction to the first number in each such list
contains additional bibliographical material, when it seems worth while
to present such material anywhere.
_Adams, John, The Works of_ (Boston; 10 vols.; edited by Charles
Francis Adams). Nos. 130 _a_, _b_, _c_, 146.
_Adams, John, Letters of, addressed to his Wife_ (Boston; 2 vols.).
No. 138 _b_.
=Arber, Edward= (editor), _The Story of the Pilgrim Fathers_
(London). No. 48 _a_.
=Arnold, Samuel Greene=, _History of Rhode Island_ (Providence; 2
vols.). No. 90.
"Aspinwall Papers," the, in _Massachusetts Historical Society
Collections_, 4th series, IX. No. 31 _b_.
=Bacon= (editor), _The Laws of Maryland_. See _Maryland_.
=Bancroft, George=, _History of the Constitution_ (New York, 2
vols.). No. 162.
=Besse, Joseph=, _A Collection of the Sufferings of the People
called Quakers_ (London; 1753). No. 88.
_Boston Town Records_ (Report of the Record Commissioners for
1887). No. 122.
=Bradford, William=, _Plymouth Plantation_ ("Original Narratives"
edition). Nos. 43, 44, 45.
=British Record Office=, The manuscript _Charter_ of the Company of
Westminster for the Plantation of Providence Isle. No. 55.
=Brown, Alexander=, _The First Republic in America_ (Houghton). No.
3, note.
---- _Genesis of the United States_ (Houghton; 2 vols.). Nos. 4, 5,
7, 10, 18, 22.
=Burroughs, Edward=, _A Declaration of the Sad and Great
Persecution and Martyrdom of Quakers in New England_ (London;
1660). No. 88 _b_.
_Calendar of State Papers, Colonial Series, 1574-1660_ (W. Noel
Sainsbury, editor). No. 55.
=Calvin, John=, _Institutes_ (the translation of 1813, London). No.
61.
_Congress, Journals of the Continental_ (Ford edition). Nos. 130
_c_, _d_, 138 _a_, 140, 141. Ib. (Philadelphia edition, 1801).
No. 148, _a_, _b_.
_Connecticut, Colonial Records of_ (Hartford; 15 vols.). Nos. 93,
97.
_Documentary History of the Constitution_, (Washington; Government
Printing Office; 4 vols.). No. 153.
_Dorchester Town Records_ (edited by the Boston Record
Commissioners). Nos. 66, 81.
=Drayton, Michael=, _Poems_ (London; 1619). No. 4.
=Eddes, William=, _Letters from America_ (London; 1792). No. 116.
_Federal Convention, The Records of the_ (edited by Farrand). 3
vols. Nos. 155, 156, 157, 158, 160, 163.
=Force, Peter= (editor), _American Archives, Fourth Series_
(Washington; 6 vols.). Nos. 125 _a_, 127, 128 _a_, _b_, _c_, 129
_a_, _b_, _c_, _d_, _e_, 131, 132 _a_, _b_, 134, 135.
---- _Historical Tracts_ (Washington; 1836; 4 vols.). Nos. 6, 9,
23, 26, 62 _c_.
_Franklin, Benjamin, The Works of_ (Smyth edition; Putnam's; 10
vols.). No. 114 _a_.
"Goodspeed to Virginia" (in Brown's _Genesis of the United
States_). No. 5.
=Gorges, Sir Ferdinando=, "Briefe Narration," _Massachusetts
Historical Society Collections_, 3d series, VI. Nos. 51 _a_, 53
note.
=Hakluyt, Richard=, _Voyages ... and Discoveries of the English
Nation_ (published in 1589; quoted here from the Goldschmid
edition). Nos. 2, 15.
---- _A Discourse on Western Planting_ (republished in the _Maine
Historical Society Collections_, 2d series, II). No. 3.
_Hamilton, Alexander, The Works of_ (Federalist edition; Putnam's;
12 vols.). No. 159.
=Hazard, Ebenezer= (editor), _Historical Collections of State
Papers_. (Commonly quoted as Hazard's _State Papers_. Washington,
1792; 2 vols.). Nos. 29, 30, 39 _a_, _b_, 42, 46 addendum, 51 _a_.
=Hazard, Samuel= (editor); _Annals of Pennsylvania_ (Philadelphia).
No. 103.
=Hening, William W.= (editor), _Statutes at Large, being a
Collection of the Laws of Virginia_. (Richmond, 1823; 13 vols.)
Nos. 17, 31, 33, 34, 35, 105, 106, 109.
=Higginson, Francis=, "Relation of New England's Plantation" (1629;
reprinted in Young's _Chronicles of Massachusetts Bay_). No. 59
_d_.
=Holinshed, Raphael=, _Chronicles of England, Scotland, and
Ireland_ (London; 1577). No. 1.
=Hutchinson, Thomas= (editor), _Collection of Original Papers_
(published as a third volume, in the nature of an appendix, of
his _History of Massachusetts Bay_). Nos. 53, 58 _b_, 59 _a_, 76
_a_, 86, 110.
---- _History of Massachusetts Bay_ (London; 1769). Nos. 60 _a_,
75, 76 _b_, 92.
_Jefferson, Thomas, The Writings of_ (Ford edition; Putnams; 10
vols.). Nos. 123 _a_, 136 addendum.
_Jefferson, Thomas, The Works of_ (Washington edition; 9 vols.).
No. 125 _b_.
=Johnson, Captain Edward=, _The Wonder-working Providence of Sions
Saviour in New England_ (London; 1654). No. 54 _b_.
=Kingsbury, Susan= (editor), _Records of the Virginia Company of
London_ (Washington, 1906). See _Virginia_.
=Lechford, Thomas=, _Plaine Dealing_ (1641; republished in
_Massachusetts Historical Society Collections_). No. 85.
=Madison, James=, _Journal of the Philadelphia Convention_ (also in
=Farrand's= _Records of the Federal Convention_). Nos. 159, 161.
=Marston, John=, _Eastward Hoe!_ (London; 1605). No. 8.
_Maryland, Proceedings of the Conventions of_ (Baltimore). No. 139.
_Mason, George, Life and Correspondence of_ (by Kate Mason Rowland;
2 vols.). Nos. 121 note, 136 addendum, 162.
_Massachusetts, Colonial Records of_ (Boston; 7 vols.; edited by
Nathaniel Shurtleff). Nos. 53, 57, 58 _a_, _c_, 65, 72, 75 _b_,
80 addendum, 82.
_Massachusetts, Historical Society Collections._ Nos. 31 _b_, 41,
47, 53, 85, 107.
_Massachusetts Bay, Acts and Resolves of the Province of_ (Boston;
7 vols.) 110 _b_.
=Minot, George Richards=, _History of the Insurrections in
Massachusetts in the Year MDCCLXXXVI_ (Worcester; 1788). No. 151
_b_.
=Moore, Frank= (editor), _Diary of the American Revolution_
(Scribner's; 2 vols.). No. 142 _b_.
_Morris, Gouverneur, Life and Writings of_ (Sparks' edition; 3
vols.). No. 150.
=Neill, Edward D.=, _The Virginia Company_ (Albany, N. Y.; 1869).
No. 18.
---- _Virginia and Virginiola_ (Albany, N. Y.; 1878). No. 11.
_New Hampshire, Provincial Papers of_ (Concord; by a series of
editors). No. 110.
_New Haven, Colonial Records of_ (Hartford, 2 vols.). No. 94.
_New Jersey Archives, First Series, Vols. XXV and XXVII_
("Newspaper Extracts" for 1769-1770 and 1770-1771). Nos. 117, 120
_d_.
_New York, Documents relative to the Colonial History of_ (by a
series of editors). Nos. 99, 101, 111 _d_, 114 _b_.
=Niles, Hezekiah=, _Principles and Acts of the Revolution in
America_ (Baltimore; 1822). No. 142 _c_.
_North Carolina, Colonial Records of_ (Raleigh; 10 vols.; edited by
W. L. Saunders). No. 111 _a_.
_Nova Britannia_ (London; 1609; republished in Force's _Historical
Tracts_). Nos. 6, 20.
=Peckham, Sir George=, _True Report_ [of Gilbert's Voyage], (1582;
republished in Hakluyt's _Voyages_). No. 2.
_Pennsylvania, Charters and Laws of_ (Harrisburg; 1879). No. 102.
_Plymouth Colony, Records of_ (Boston; 12 vols.). Nos. 94, 95, 96.
=Poore, Benjamin Perley= (editor), _Charters and Constitutions_
(Washington; Government Printing Office). No. 15.
=Purchas, Samuel=, _Purchas his Pilgrimes_ (1625; London; 4 vols.).
No. 19 _a_.
=Ramsey, David=, _History of the American Revolution_ (1789; 2
vols.). No. 145.
_Rhode Island, Colonial Records of_ (Providence; 10 vols.). Nos.
91, 98.
=Rowland, Kate Mason=, _Life and Correspondence of George Mason_
(New York; 2 vols.). See _George Mason_.
=Scharf, J. Thomas=, _History of Maryland_ (Philadelphia; 3 vols.).
Nos. 36, 38.
=Scharf and Westcott=, _History of Philadelphia_ (Philadelphia; 3
vols.). Nos. 124, 143.
_Smith, Captain John, Complete Works of_ (Birmingham edition). Nos.
13, 14, 48 _b_, 60 _b_.
_Statutes at Large, from Magna Carta to 1869_ (Cambridge,
110 vols.; commonly quoted, from the editor, as Pickering's
_Statutes_). Nos. 100 _c_, 118, 119.
=Stith, William=, _History of Virginia_, (1747; edited by Sabin and
reprinted in 1865). Nos. 16, 20, 21.
=Thorpe, Francis= (editor), _American Charters and Constitutions_
(Washington; Government Printing Office; 7 vols.). No. 15.
=Tyler, Moses Coit=, _Literary History of the American Revolution_
(Putnam's; 2 vols.). 144.
_United States, Revised Statutes of_ (1878). No. 147.
_Virginia, Calendar of State Papers of_ (Richmond; 11 vols.). No.
133.
_Virginia, Colonial Records of_ (edited by Wynne and Gilman). No.
25.
_Virginia, Journals of the House of Burgesses of_ (Putnam's; 10
vols.). Nos. 120 _a_, _b_, _c_, 123 _b_, 125 _c_, _d_, _e_, _f_.
_Virginia Company of London, Records of the_ (Washington; 1906; 2
vols.; edited by Susan Kingsbury). Nos. 12, 24, 26, 28.
_Virginia Magazine of History and Biography_ (Richmond). Nos. 31
_b_, 37 _a_, _b_, _c_, 108.
=Ward, Nathaniel=, _The Simple Cobbler of Aggawamm_ (London; 1647).
No. 84 _a_.
_Washington, George, The Writings of_ (Washington edition). Nos.
121 _b_, 151 _b_.
_Watertown, Records of the Town of._ No. 83.
=White, John=, _Brief Relation_ (1630; reprinted in Young's
_Chronicles_). No. 56.
=Whitmore, W. H.=, _Bibliographical Sketch of the Laws of the
Massachusetts Colony_ (Boston). No. 78.
=Winthrop, John=, _History of New England_ ("Original Narratives"
edition). Nos. 62, 64, 67, 68, 69, 70, 71, 73, 74, 77, 79, 80.
_Winthrop, John, Life and Letters of_ (Boston; 2 vols.; edited by
Robert C. Winthrop). Nos. 59 _a_, _b_, _c_, 62 _b_.
_Writings of Lace_ (a series of letters from Federalists attacking
John Hancock in the campaign of 1789). No. 164.
=Young, Alexander= (editor), _Chronicles of Massachusetts_ (Boston;
1846). Nos. 56, 59 _d_.
=Zenger, John Peter=, _Brief Narrative of the Case and Tryall of
John Peter Zenger_ (New York; 1738). No. 113.
SUBJECT INDEX
_The references are to the numbers of selections, not to pages._
=Adams, John=, account of debates in Continental Congress, 130 _a_;
impressions of First Continental Congress, 130 _b_;
on resolution of Congress of May 15, 1776, for State governments
138 _b_;
on first independent government in South Carolina, _ib._;
on anti-social tendencies of pre-Revolutionary measures (the
horse-jockey client), 142.
=Aggawamm=, the Simple Cobbler of, see _Ward_.
=Albany Plan=, the, for union of colonies, 114 _a_ and _b_.
=Albion, Charter of the Province of= (1634), representative feature, 39.
=Annapolis Convention=, the, regarded as part of an aristocratic
plot, 152;
its call for the Federal Convention, 153.
=Avalon, Baltimore's colony of=, 36;
charter the first royal grant recognizing popular government, 38, 39.
=Bacon, Nathaniel=, Rebellion, 106-109;
"Bacon's laws," 106;
Bacon's Proclamation, 107;
causes of rebellion, 108;
reforms of, abolished, 109.
=Ballot=, used by London Company in England, 23, 28 (2), 28 (3);
used in Massachusetts first, 67 _a_, note;
adopted legally for general elections in Massachusetts General
Court, 70;
used for secrecy in a Boston town election, 71;
develops from "proxies,", 73.
=Baltimore, First Lord=, the, letter from Avalon to Charles I, 36.
=Berkeley, Sir William=, Commission of 1641 authorizing the Assembly,
32 _a_;
report of 1671 on conditions in Virginia, 104.
See _Bacon_.
=Bill of Rights=, the first, in Virginia (June, 1776), 136.
"=Body of Liberties=," the (of Massachusetts), 77, 78.
=Boston Port Bill=, effect in Virginia, 125.
=Boston town meeting=, and colonial politics, 111 _c_; 122.
=Bradford, William=, charter from New England Council, 49;
surrender of charter to colonists, 50.
=Cambridge Agreement=, the, 58 _b_.
=Charter colonies=, recommendation of Board of Trade to abolish, 111 _a_.
=Charters=,
_Royal to Proprietors_;
Gilbert's, of 1578 (and Raleigh's of 1584), 15;
Baltimore's for Maryland, 37;
for Avalon, 38;
for New Albion and Maine, 39;
Duke of York's for New York, 101;
Penn's for Pennsylvania, 102.
_Royal to proprietary corporations in England_:
First Virginia Charter (to London and Plymouth branches of a
colonizing company), 16;
Second Charter, 20;
Third Charter, 21;
to New England Council (1620), 42;
to Massachusetts Bay Company, 53;
to Company of Westminster for Providence Isle, 55.
_Royal to "corporations upon the place"_:
parliamentary to Williams in 1648, 91;
Connecticut Charter of 1662, 97;
Rhode Island (1663), 98;
Massachusetts (1691), 110.
_From proprietary corporations or proprietors to settlers_:
Virginia Company of London to Virginians, 25, 27;
to intending Pilgrim settlers (Wincob charter), 43, 45;
New England Council to Pierce for Plymouth, 47;
to Bradford, 49;
to Robert Gorges as proprietor in Massachusetts, 51;
Penn's grants to Pennsylvanians--Laws agreed upon in England,
103 _a_;
Charter of 1701, 103 _b_.
=Child, Robert=, demand for the franchise in Massachusetts for
Presbyterians, 86.
=Christison, Wenlock=, trial as a Quaker, 88 _b_.
=Colonial Department= (English), established, 99.
=Colonization=, hardships, of Baltimore in Avalon, 36;
at Jamestown, 19;
in Massachusetts Bay, 62 _a_, _b_, _c_.
=Committees of Correspondence= (Revolutionary), towns in
Massachusetts, 122;
intercolonial--Jefferson's account of creation, 123;
resolution of Virginia, Burgesses for, 123 _b_;
correspondence of, 123 _c_;
and regarding call for Continental Congress, 125 _f_.
=Confederation=, New England, 94, 95, 96;
Franklin's "Albany Plan," 114;
Continental Congress, 125 ff.;
debates in Congress regarding character of, 146;
the Articles, 147;
anarchy under, 150, 151.
=Connecticut=, Fundamental Orders, 93;
charter, 97;
refusal to accept a royal commander of militia, 111 _d_.
=Connecticut Compromise=, in the Federal Convention, 161.
=Constitution, the Federal=, Annapolis Convention, 152;
call for Philadelphia Convention, 153;
credentials of delegates, 154;
George Mason on preliminaries and on aristocratic forces in, 155, 157;
Virginia Plan,
156;
New Jersey Plan, 158;
Hamilton's Plan, 159;
the critical day's debate on the Connecticut Compromise, 161;
ratification, 162 ff.;
document and amendments, 165.
=Continental Congress, the First=, proposed by Virginia ex-Burgesses,
125 _e_;
Rhode Island appoints delegates, 125 _f_;
"called" by Massachusetts, 126;
suggested also by Virginia county, 127;
method of voting decided, 130 _a_;
Adams' impressions of, 130 _b_;
Declaration of Rights, 130 _c_;
and the Association, 130 _d_.
=Cotton, Rev. John=, denounces democracy, 67 _a_, 71, 75 (addendum);
letter to English lords on Massachusetts conditions, 75;
on rules of fair trade, 79;
against toleration, 84 _c_.
=Crashaw=, "Daily Prayer," for use in Virginia, 9;
sermon before Delaware's expedition (on players), 10.
=Cushman, Robert=, to Pastor Robinson, 43.
=Dale, Sir Thomas=, to London Company, on glories of Virginia, 12.
=Dates=, New Style and Old, 21.
=Democracy=, decried by Puritan leaders: Calvin, 61;
Cotton and Winthrop, 67 _a_, 71, 75 (addendum), 77, 80;
and sumptuary legislation in Massachusetts, 75 _b_;
denounced by Hamilton in Federal Convention, 159;
establishes government by town meeting, 66.
=Dorchester=, school code, 81.
=Drayton=, _Ode to the Virginian Voyage_, 4.
=Ducking stool=, the, 115.
=Dudley, Thomas=, to Countess of Lincoln on first winter in
Massachusetts, 62 _c_.
"=Eastward Hoe!=", 8.
=Exeter=, "Combination of Settlers" at, 46 (addendum).
=Fairfax County= (Virginia), resolutions for First Continental
Congress, 129 _b_;
for Revolutionary militia, 132.
=Fauquier, Francis= (Governor of Virginia), to Lords of Trade, on
resignation of Mercer, Stamp Distributor, 120 _c_.
=Fletcher= (Governor of New York), and Connecticut militia, 111 _d_.
=Franchise=, in Virginia, 35, 105, 107, 109;
in Massachusetts, denied to Presbyterians, 86.
=Frankland, State of=, 148.
=Franklin, Benjamin=, Albany plan of, 114 _a_ and _b_;
characterized in Federal Convention by Pierce, 160.
=Free speech=, denied in Massachusetts in 1635, 69, 77;
vindicated in New York in Zenger trial, 113.
=French Alliance=, the Conservatives' fear of, 144.
"=Gentlemen=," in 16th century England, 1;
in early Virginia, 19 _b_;
in colonial Massachusetts, 75 _a_ and _b_.
=Georgia=, credentials of delegates to Federal Convention, 154.
=Gilbert, Sir Humphrey=, charter, 15.
"=Goodspeed to Virginia=," on motives for colonization, 5.
=Gorges, Sir Ferdinando=, and grant of Massachusetts, 39 _b_;
and reorganization of Plymouth Council, 42;
"Briefe Narration" of, 51 _a_, 53 note.
=Gorges, Robert=, grant from Plymouth Council (representative
features), 51 _a_, 53 note.
=Hakluyt, Rev. Richard=, on motives for colonization, 3.
=Hamilton, Alexander=, plan for the Constitution (denunciation of
democracy), 159;
character sketch of, in Federal Convention, 160.
=Hamilton, James=, and the Zenger trial, 113.
=Hancock, John=, and inducement to favor the Constitution, 164.
=Harvey, Sir John=, "Propositions for Virginia," suggesting
restoration of the Assembly, 32 _a_.
=Henry, Patrick=, Stamp Act Resolutions, 120 _a_;
creation of Committees of Correspondence, 123 _a_;
and call for First Continental Congress, 125 _b_;
in debates in Congress ("I am not a Virginian"), 130 _a_.
=Higginson, Rev. Francis=, Agreement with Massachusetts Company, 56;
_Relation_, 59 _d_.
=Higginson, Stephen=, on John Hancock and ratification of
Constitution, 164.
=Hutchinson, Thomas=, and Boston town meeting, 122.
=Indentured servants=, see _White servants_.
=Independence=, Virginia county instructions for, 134;
Virginia Convention, instructions for, 135;
Virginia Declaration of, 137;
Congressional resolutions for independent State governments,
138 _a_ and _b_;
State instructions against, 139;
Lee's motion for in Congress, 140;
the Declaration, 140;
sets free social forces, 145.
=Industry in common=, in early Virginia, 17, 18;
in Plymouth, 44.
=James I=, instructions to Jamestown expedition, 17;
attempts to control elections in London Company, 28.
=Jefferson, Thomas=, proposition for the franchise in first Virginia
constitution, 136 (addendum);
and Virginia declaration of independence, 137;
and Declaration of July 4, 141;
and Ordinance of 1784, 148 _a_.
=Keayne, Captain Robert=, and exorbitant trading profits, 79;
and
the "sow business" in Massachusetts, 80.
=Laborers=, in England, 1;
in Massachusetts and wage legislation, 65;
condition of White servants in 1774, 116, 117.
=Laws=, of Virginia in 1619, 25;
Plymouth code of 1636, 50;
of early Massachusetts, 65;
sumptuary discrimination against classes below the gentry, 75;
the "Body of Liberties," 78;
later Virginian, 105, 106;
late colonial, regarding White servants, 117.
=Lee, Richard Henry=, and county resolutions against Stamp Act, 120 _b_;
and creation of Committees of Correspondence, 123 _a_;
and call for First Continental Congress, 125 _b_;
and Westmoreland County resolutions, 129 _a_;
and motion for independence, 140.
=Local Government=, see _Town meeting_.
=London Company=, see _Virginia Company_.
=Loyalists= (in Revolution), parody "to sign or not to sign," 142 _b_;
correspondence with a committee of safety, 143;
pretended diary to show danger in French alliance, 144.
See _Mob violence_.
=Maine=, grant of to Gorges (representative government), 39 _b_.
=Maryland=, early, 36, 37, 38, 39, 40;
Second Provincial Convention of, a government, 132 (introduction);
instructions against independence, 139.
=Mason, George=, and Virginia non-importation agreement of 1769,
121 _b_, note;
declares the Third Virginia Convention a government, 133 _c_;
and Virginia Bill of Rights, 136 (addendum);
on democratic and aristocratic forces in the Federal Convention,
155, 157;
objections to signing the Constitution, 162, 163.
=Massachusetts=, to 1660, 41 ff.;
early beginnings at Salem, 52;
charter of 1629, 53;
docket of charter, 54;
question of transfer of charter to America, 55 (and addendum);
decision to transfer the charter, 58;
decision of Puritan gentlemen to remove to Massachusetts, 59;
early hardships and religious matters, 62;
oligarchic usurpations, 63;
Watertown protest and some democratic gains, 64;
aristocratic legislation, 65;
beginning of town government, 66;
establishment of representative government, 67;
religious controversies, 74;
social conditions, 75;
danger of English interference, 76;
demand for written laws, 77;
social conditions as shown in town legislation, 83;
and religious persecution, 84, 85, 86, 88;
English relations after 1660, 100;
charter of 1691, 110 _b_;
in the Revolution, 122 ff.
(See Table of Contents.)
=Mayflower Compact=, the, 46.
=Mercer, Colonel=, induced to resign as Stamp Distributor, 120 _c_.
=Ministers in Virginia=, not to "give themselves to excesse of
drinking," 33.
=Mob violence=, pre-Revolutionary, 120 _c_, _d_, 124;
after Declaration of Independence, 142 _a_, _b_, _c_.
=Morris, Gouverneur=, on the hope for a military dictator, 150;
character sketch in Federal Convention, 160.
=Navigation Acts=, 100 _a_, _b_, _c_; 118.
=New England Confederation=, constitution, 94;
Massachusetts demands more weight in, 95;
nullification by Massachusetts, 96.
=New England Council=, 42. See _Plymouth Council_.
=New Hampshire=, commission of royal governor of, 112.
=New Jersey=, advertisements for runaway (White) servants, 117.
=New Jersey Plan=, in Federal Convention, 158.
"=New Style=," in dates, 21, note.
=New York=, charter to Duke of York, 101.
=North Sea passage=, to be sought for by first Virginia expedition, 18.
=Northwest Ordinance=, the, 149 _b_.
=Nullification=, in New England Confederation, 96.
"=Old Style=," dates, 21, note.
=Ordinance of 1621=, for Virginia, 27.
=Ordinance of 1784=, for organizing the National Domain, 149 _a_.
=Ordinance of 1789=, for the Northwest, 149 _b_.
=Otto, Louis Guillaume=, to Vergennes, on Annapolis Convention as a
plot of the aristocratic classes, 152.
=Parody=, a Tory's, on Hamlet's soliloquy, 142 _b_.
=Peirce, John=, charter for Plymouth, 47.
=Penn, William=, grant of Pennsylvania, 102;
grants to the settlers, 103 _a_ and _b_.
=Percy, Master George=, "Discourse," on first weeks in Jamestown, 19 _a_.
=Pierce, William=, character sketches by, of men of the Federal
Convention, 160.
=Pillory=, the, 115.
=Plymouth Council=, a branch of the first Virginia Company, 16
(section v);
reorganized by charter of 1620, 42;
grants, to the Pilgrims, 47, 49;
to Gorges, for Massachusetts, 51.
=Plymouth Plantation=, delay in securing Wincob charter, 43;
articles
of partnership with London merchants, 44;
a "body politic" before sailing, 45;
Mayflower Compact, 46;
the Peirce charter, 47;
early history, 48 _a_ and _b_;
the Bradford charter, 49;
surrender of the same to the colony, 50;
first code of laws, 50.
=Presbyterians=, excluded from the franchise in early Massachusetts, 86.
=Providence Isle=, charter to Company of Westminster for plantation
of, 55.
=Puritans= (Massachusetts), political principles of, 61;
not Separatists, 52, 60, 62.
=Quakers=, persecution in Massachusetts, 88;
and Rhode Island, 92.
=Randolph, Edmund=, _Report_ of 1676 on Massachusetts, 110.
=Religious freedom=, toleration in Maryland, 40;
persecution in Massachusetts, 84, 85, 86, 87, 88;
freedom in Rhode Island, 89, 90, 91, 92;
in Pennsylvania, 103.
=Representative government=, first representative assembly
(Virginia), 25;
preserved in Virginia against James and Charles, 29, 30, 31, 32;
first royal authorization of (Maryland charter), 37;
also in charters for Avalon and Maine, 38, 39;
in Gorges grant of 1623, 51;
established in Massachusetts, 61-67.
=Revolution=, the, pre-Revolutionary agitation, 114-124;
rise of Revolutionary governments, 125-133;
Independence, 134-144;
social forces set free by, 145.
=Rhode Island=, religious freedom, 89-92.
=Robinson, Pastor John=, on the terms of partnership between Pilgrims
and London merchants, 44, note;
farewell letter, 45.
=Rogers, Rev. Ezekiel=, champion of democracy in Early Massachusetts,
77 (addendum).
=Sabbath in Virginia=, no traveling on, 33 (4).
=Salem=, White's _Relation_ of the beginning of, 52.
=Saltonstall, Richard=, signer of Cambridge Agreement, 58 _b_;
letter urging religious freedom, 84 _c_.
=Sandys, Sir Edwin=, letter to stockholders of London Company, 11;
and the Company's Declaration of 1620, 26;
and interference of King James against reëlection, 28 (1);
and Plymouth Colony, 43.
=Schools=,
in Massachusetts:
Dorchester regulations, 81;
compulsory education, 82 _a_;
State system, 82 _b_.
In Virginia (Berkeley's _Report_), 104.
=Selectmen=, first established at Dorchester, 66.
"=Servants=," see _White servants_.
=Shays' Rebellion=, Hampshire County Grievances, 151 _a_;
and Washington's alarm, 151 _b_.
=Smith, Captain John=, on the London Company (not mercenary), 13;
last plea for colonization (for Massachusetts), 14;
on "gentlemen" in Virginia, 19 _b_;
on Plymouth in 1624, 48 _b_;
Massachusetts Puritans not Separatists, 60 _b_.
=Spain=, and English colonization, 3 (ch. v.), 5, 6;
danger of Spanish attack on Jamestown, 22.
=Stamp Act=, the, 119;
reception in America: Henry's resolutions, 120 _a_;
Virginia county resolutions against, 120 b;
Virginia Stamp Distributor induced to resign, 120 _c_;
mob violence, 120 _d_.
=Stoughton, Israel=, disfranchised for criticizing Massachusetts
government, 69.
=Sugar Act=, of 1733, 100 _c_;
of 1764, 118.
=Sydney, Sir Philip=, on American colonization, 3, note.
=Tea riots=, 124.
=Town meeting=, establishment at Dorchester, 66, and at Watertown, 83;
use of ballot in, 73 _b_;
recognized in "Body of Liberties," 78;
typical records of from Watertown (illustrating New England
society), 83;
at Boston, political activity in affairs of the province, 111 _c_,
and pre-Revolutionary (town committees of correspondence), 122.
=Two-House legislature=, evolution of in Massachusetts, 68, 69, 80.
=Virginia=, motives for colonization, patriotic and religious,
2, 3, 4, 5, 6, 7, 9, 10, 11, 13, 14;
ridiculed (_Eastward Hoe_), 8;
praised by Dale, 12;
classes of colonists, 7;
"gentlemen" in, 19 _b_;
under King and Company, 16-19;
Charter of 1609 (under the Company), 20;
Charter of 1612, 21;
danger from Spain, 22;
under the liberal London Company (which see), 23-28;
first Representative Assembly, 25;
a royal province, 29-33;
royal commissions ignoring Assembly, 29, 30;
Assembly's declaration, "No taxation without representation," 31 _a_;
protests in favor of Assembly, 31 _b_;
restoration of Assembly, 32;
legislation, moral and financial, 33;
under the Commonwealth, 34-35;
franchise, 35, 105, 106, 109;
under the second Stuarts--Bacon's Rebellion and suppression of
reforms, 105-109;
in pre-Revolutionary agitation, 121 ff.;
non-importation agreement, 121 _a_ and _b_;
originates intercolonial Committees, 123 _a_ and _b_;
suggests Continental Congress, 125 _a_, _b_, _c_, _d_, _e_, _f_, _g_;
calls provincial convention, 128 _a_ and _b_;
county meetings--instructions to delegates to provincial
convention, 128 _c_, 129 _a_, _b_, _c_, _d_, _e_;
county approval of Continental Congress' Associations, 131;
county conventions become governments (Fairfax County), 132, 133 _a_;
Second Provincial Convention a government de facto, 133 _b_;
Third Convention (July, 1775), a government in form also, 133 _c_;
Charlotte County instructions for independence, 134;
Convention instructs delegates in Continental Congress to move for
independence, 135;
resolves upon an independent State constitution, _ib._;
Bill of Rights, 136;
State declaration of independence, 137.
=Virginia Company=, the, pamphlets in favor of, 5, 6;
"True and Sincere Declaration" of, 7;
Smith's vindication of, 13;
charter of 1606, 15;
instructions from King James, 17;
instructions from the Council in England, 18;
charter of 1609, 20;
charter of 1612, 21;
rules adopted by the liberal management in 1619, 23;
"Order" recognizing right of settlers to share in government, 24;
first charter to settlers (noticed in records of Assembly), 25;
"Declaration" of 1620, 26;
Ordinance of 1621, 27;
struggle with the King for right of free election, 28.
=Virginia Plan=, the, in Federal Convention, 156.
=Ward, Rev. Nathaniel=, argument against religious toleration, 84.
=Washington, George=, and Virginia's non-importation association of
1769, 121 _b_, note;
and Fairfax County resolutions of 1774, 129 _b_;
and Fairfax County organization of Revolutionary militia, 132;
and Shays' Rebellion, 151 _b_.
=Watertown Protest=, the, 64.
=Watertown Records=, extracts from, illustrating social conditions, 83.
=Western territory=, debates on in Continental Congress, 146;
desire for Statehood, 148;
Ordinance of 1784, 149 _a_;
Northwest Ordinance, 149 _b_.
=Weymouth, Captain George=, record of voyage to Maine, 41.
=Wheelwright, Rev. John=, and petition for free speech, 74.
=White, Rev. John=, account of beginnings of Massachusetts, 52.
=White "servants,"= corporal punishment, 65;
classified (in 1774), 116;
advertisements for runaways (1769, 1774), 117.
=Williams, Roger=, on religious freedom, 90.
=Winslow, Edward=, letter to friend in England on the beginnings of
Plymouth, 48 _a_.
=Winthrop, John=, signer of Cambridge Agreement, 58 _b_;
argument for making Massachusetts a Puritan settlement, 59;
reasons for coming to America, 59 _b_;
farewell letter to the Church of England, 60 _a_;
on early hardships in the colony, 62 _a_ and _b_;
decries democracy, 64, 67, 71, 73, 77;
denies free speech, 69;
denies right of petition, 77.
=Winthrop, John, Jr.=, decision to come to Massachusetts, 59 _c_.
=Wise, Rev. John=, on Englishmen's dislike for arbitrary government,
111 _b_.
=Written laws=, demand for in Massachusetts, 77.
=Yeardley, Sir George=, and Virginia Representative Assembly, 25.
=Yeomen=, English, in 16th century, 1.
=Zenger, John Peter=, and free speech, 113.
Transcriber's Notes:
Simple spelling, grammar, and typographical errors were corrected.
Italics markup is enclosed in _underscores_.
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P. 273 changed the date January 14/24, 1348/9 to January 14/24,
1638/9.