To declare the law & Punishment of piracies & felonies at sea & of
counterfeiting Coin & of all offences against the Laws of Nations
To call forth the aid of the Militia to execute the laws of the Union
enforce treaties suppress insurrections and repel invasions
And to make all laws for carrying the foregoing powers into execution.
The Legislature of the United States shall have the Power to declare the
Punishment of Treason which shall consist only in levying War against
the United States or any of them or in adhering to their Enemies. No
person shall be convicted of Treason but by the testimony of two
witnesses.
The proportion of direct taxation shall be regulated by the whole number
of inhabitants of every description which number shall within ---- years
after the first meeting of the Legislature & within the term of every
---- year after be taken in the manner to be prescribed by the
Legislature
No Tax shall be laid on articles exported from the States--nor
capitation tax but in proportion to the Census before directed
All Laws regulating Commerce shall require the assent of two thirds of
the members present in each house--The United States shall not grant any
title of Nobility--The Legislature of the United States shall pass no
Law on the subject of Religion, nor touching or abridging the Liberty of
the Press nor shall the privilege of the writ of Habeas Corpus ever be
suspended except in case of Rebellion or Invasion.
All acts made by the Legislature of the United States pursuant to this
Constitution & all Treaties made under the authority of the United
States shall be the supreme Law of the land & all Judges shall be bound
to consider them as such in their decisions.
7
The Senate shall have the sole & exclusive power to declare War & to
make treaties & to appoint Ambassadors & other Ministers to foreign
nations & Judges of the Supreme Court.
They shall have the exclusive power to regulate the manner of deciding
all disputes & controversies now subsisting or which may arise between
the States respecting Jurisdiction or Territory.
8
The Executive Power of the United States shall be vested in a President
of the United States of America which shall be his style & his title
shall be His Excellency. He shall be elected for ---- years & shall be
reeligible.
He shall from time to time give information to the Legislature of the
state of the Union & recommend to their consideration the measures he
may think necessary--he shall take care that the laws of the United
States be duly executed: he shall commission all the officers of the
United States & except as to Ambassadors other ministers and Judges of
the Supreme Court he shall nominate & with the consent of the Senate
appoint all other officers of the United States. He shall receive public
Ministers from foreign nations & may correspond with the Executives of
the different States. He shall have power to grant pardons & reprieves
except in impeachments--He shall be Commander in chief of the army &
navy of the United States & of the Militia of the several States & shall
receive a compensation which shall not be increased or diminished during
his continuance in office. At entering on the Duties of his office he
shall take an oath faithfully to execute the duties of a President of
the United States.--He shall be removed from his office on impeachment
by the house of Delegates & Conviction in the Supreme Court of Treason
bribery or Corruption--In case of his removal death resignation or
disability the President of the Senate shall exercise the duties of his
office until another President be chosen--& in case of the death of the
President of the Senate the Speaker of the House of Delegates shall do
so.
9
The Legislature of the United States shall have the Power and it shall
be their duty to establish such Courts of Law Equity & Admiralty as
shall be necessary--The Judges of the Courts shall hold their offices
during good behaviour & receive a compensation, which shall not be
increased or diminished during their continuance in office--One of
these Courts shall be termed the Supreme Court whose jurisdiction
shall extend to all cases arising under the laws of the United States
or affecting ambassadors other public Ministers & Consuls--to the trial
of impeachment of officers of the United States--to all cases of
Admiralty & maritime jurisdiction--In cases of impeachment affecting
ambassadors and other public Ministers this Jurisdiction shall be
original & in all other cases appellate----
All criminal offences (except in cases of impeachment) shall be tried in
the State where they shall be committed--the trials shall be open &
public & shall be by Jury.
10
Immediately after the first census of the people of the United States
the House of Delegates shall apportion the Senate by electing for each
State out of the citizens resident therein one Senator for every ----
members each State shall have in the House of Delegates--Each State
shall be entitled to have at least one member in the Senate.
11
No State shall grant letters of marque & reprisal or enter into treaty
or alliance or confederation nor grant any title of nobility nor
without the Consent of the Legislature of the United States lay any
impost on imports--nor keep troops or Ships of War in time of
peace--nor enter into compacts with other States or foreign powers or
emit bills of Credit or make any thing but Gold Silver or Copper a
tender in payment of debts nor engage in War except for self defence
when actually invaded or the danger of invasion be so great as not to
admit of a delay until the Government of the United States can be
informed thereof--& to render these prohibitions effectual the
Legislature of the United States shall have the power to revise the
laws of the several States that may be supposed to infringe the Powers
exclusively delegated by this Constitution to Congress & to negative &
annul such as do.
12
The Citizens of each State shall be entitled to all privileges &
immunities of Citizens in the several States--Any person charged with
Crimes in any State fleeing from justice to another shall on demand of
the Executive of the State from which he fled be delivered up & removed
to the State having jurisdiction of the offence.
13
Full faith shall be given in each State to the acts of the Legislature &
to the records & judicial Proceedings of the Courts & magistrates of
every State.
14
The Legislature shall have power to admit new States into the Union on
the same terms with the original States provided two thirds of the
members present in both Houses agree.
15
On the application of the legislature of a State the United States shall
protect it against domestic insurrection.
16
If two thirds of the Legislatures of the States apply for the same the
Legislature of the United States shall call a Convention for the
purpose of amending the Constitution--or should Congress, with the
Consent of two thirds of each house, propose to the States amendments
to the same--the agreement of two thirds of the Legislatures of the
States shall be sufficient to make the said amendments parts of the
Constitution.
The Ratification of the conventions of ---- States shall be sufficient
for organizing this Constitution.[34]
[34] "... What will be the result of their meeting I cannot with
any certainty determine, but I hardly think much good can
come of it; the people of America don't appear to me to be
ripe for any great innovations & it seems they are
ultimately to ratify or reject: the weight of Gen^l
Washington as you justly observe is very great in America,
but I hardly think it is sufficient to induce the people to
pay money or part with power.
"The delegates from the Eastw^d are for a very strong
government, & wish to prostrate all y^e State legislatures,
& form a general system out of y^e whole; but I don't learn
that the people are with them, on y^e contrary in
Massachusetts they think that government too strong, & are
about rebelling again, for the purpose of making it more
democratical: In Connecticut they have rejected the
requisition for y^e present year decidedly, & no Man there
would be elected to the office of a constable if he was to
declare that he meant to pay a copper towards the domestic
debt:--R. Island has refused to send members--the cry there
is for a good government after they have paid their debts in
depreciated paper:--first demolish the Philistines (i. e.
their creditors) then for _propiety_.
"N. Hampshire has not paid a shilling, since peace, & does
not ever mean to pay on to all eternity:--if it was
attempted to tax the people for y^e domestic debt 500 Shays
would arise in a fortnight.--In N. York they pay well
because they can do it by plundering N. Jersey &
Connecticut.--Jersey will go great lengths from motives of
revenge and Interest: Pensylvany will join provided you let
the sessions of the Executive of America be fixed in
Philad^a & give her other advantages in trade to compensate
for the loss of State power. I shall make no observations on
the Southern States, but I think they will be (perhaps from
different motives) as little disposed to part with efficient
power as any in the Union...."--William Grayson to James
Monroe, New York, May 29, 1787. _Monroe MSS._
Adjourned.