«История Соединенных Штатов, Том 6»

and striking a balance, they should decide that my first term had been

fruitful enough of good to warrant their enlisting me for another. Any

man would be proud of such a verdict. But I have not been willing, nor

shall I be, to purchase it at the sacrifice of my freedom to do my duty

as I see it. My happiness is not dependent on holding any office, and I

shall go back to private life with no heartburnings if the people,

after an unprejudiced review of my administration, conclude that some

one else can serve them to their greater advantage."

One thing is certain: the idea of government by the people has come into

our national politics to stay. It now controls one-third of the votes in

the Senate and has affected the laws of two-thirds of the States. The

end sought is good government responsible to popular rule. Through this

rule justice for all is sought; equality of opportunity in political and

industrial life; the safeguarding of the interests and well-being of

all; and through this rule an honest attempt is being made to establish

a government which will render the best service for the community,

guaranteeing to each individual all his rights, but no more than his

rights.

APPENDIX

I

CONSTITUTION OF THE UNITED STATES OF AMERICA

We the people of the United States, in order to form a more perfect

union, establish justice, insure domestic tranquillity, provide for the

common defense, 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 a

House of Representatives.

SECT. II. 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 choose 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 choose their Speaker and other

officers; and shall have the sole power of impeachment.

SECT. III. 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 choose 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 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.

SECT. IV. 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 choosing 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.

SECT. V. 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 behavior, 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.

SECT. VI. 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 increased, 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.

SECT. VII. 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.

SECT. VIII. The Congress shall have power

1. To lay and collect taxes, duties, imposts, and excises, to pay the

debts and provide for the common defense 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

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,

dockyards, 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 office thereof.

SECT. IX. 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.

SECT. X. 1. No State shall enter into any treaty, alliance, or

confederation; grant letters of marque and reprisal; coin money; emit

bills of credit; make anything 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 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.

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 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 choose 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 choose 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. 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 choose from them by ballot

the Vice-President.]

3. The Congress may determine the time of choosing 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 increased 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."

SECT. II. 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 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.

SECT. III. 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. \

SECT. IV. 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 I. The judicial power of the United States, shall be vested in

one Supreme Court, and in such inferior courts as 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.

SECT. II. 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 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 a 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.

SECT. III. 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 I. 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.

SECT. II. 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 labor 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 labor, but shall

be delivered up on claim of the party to whom such service or labor may

be due.

SECT. III. 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.

SECT. IV. 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 amendments 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

I. 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,

anything 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 Independence of the United States of

America the twelfth. In witness whereof we have hereunto subscribed our

names.

[Signed by]

GO. 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. Fitz Simons, Jared Ingersoll, James Wilson, Gouv Morris.

DELAWARE.

Geo: Read, Gunning Bedford, Jun, John Dickinson,

Richard Bassett, Jaco: Broom.

MARYLAND.

James McHenry, Dan of St. Thos. Jenifer, Danl Carroll.

VIRGINIA.

John Blair, James Madison, Jr.

NORTH CAROLINA.

Wm. Blount, Richd. Dobbs Spaight, Hu Williamson.

SOUTH CAROLINA.

J. Rutledge, Charles Cotesworth Pinckney,

Charles Pinckney, Pierce Butler.

GEORGIA.

William Few, Abr Baldwin.

Attest:

William Jackson, Secretary.

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.

ARTICLE I.--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 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.

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 offense 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

favor, and to have the assistance of counsel for his defense.

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 reexamined 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.--Section 1. 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 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.

Section 2. 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.

ARTICLE XIII.--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.

ARTICLE XIV.--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 officers 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.

ARTICLE XV.--Section 1. The right of citizens of the United States to

vote shall not be denied or abridged by the United States or 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.

II

ARTICLES OF CONFEDERATION

Articles of Confederation and Perpetual Union between the States of New

Hampshire, Massachusetts Bay, Rhode Island and Providence Plantations,

Connecticut, New York, New Jersey, Pennsylvania, Delaware, Maryland,

Virginia, North Carolina, South Carolina, and Georgia.

ARTICLE 1.--The style of this Confederacy shall be, "The United States

of America."

ART. II.--Each State retains its sovereignty, freedom, and independence,

and every power, jurisdiction, and right, which is not by this

Confederation expressly delegated to the United States in Congress

assembled.

ART. III.--The said States hereby severally enter into a firm league of

friendship with each other, for their common defense, the security of

their liberties, and their mutual and general welfare, binding

themselves to assist each other against all force offered to, or attacks

made upon them, or any of them, on account of religion, sovereignty,

trade, or any other pretense whatever.

ART. IV.--The better to secure and perpetuate mutual friendship and

intercourse among the people of the different States in this Union, the

free inhabitants of each of these States, paupers, vagabonds, and

fugitives from justice excepted, shall be entitled to all privileges and

immunities of free citizens in the several States; and the people of

each State shall have free ingress and egress to and from any other

State, and shall enjoy therein all the privileges of trade and commerce

subject to the same duties, impositions, and restrictions as the

inhabitants thereof respectively; provided that such restrictions shall

not extend so far as to prevent the removal of property imported into

any State to any other State of which the Owner is an inhabitant;

provided also, that no imposition, duties, or restriction shall be laid

by any State on the property of the United States or either of them. If

any person guilty of, or charged with, treason, felony, or other high

misdemeanor in any State shall flee from justice and be found in any of

the United States, he shall, upon demand of the governor or executive

power of the States from which he fled, be delivered up and removed to

the State having jurisdiction of his offense. Full faith and credit

shall be given in each of these States to the records, acts, and

judicial proceedings of the courts and magistrates of every other State.

ART. V.--For the more convenient management of the general interests of

the United States, delegates shall be annually appointed in such manner

as the Legislature of each State shall direct, to meet in Congress on

the first Monday in November in every year with a power reserved to each

State to recall its delegates, or any of them, at any time within the

year, and to send others in their stead for the remainder of the year.

No State shall be represented in Congress by less than two, nor by more

than seven members; and no person shall be capable of being a delegate

for more than three years in any term of six years; nor shall any

person, being a delegate, be capable of holding any office under the

United States for which he, or another for his benefit, receives any

salary, fees, or emolument of any kind. Each State shall maintain its

own delegates in any meeting of the States and while they act as members

of the Committee of the States. In determining questions in the United

States in Congress assembled, each State shall have one vote. Freedom of

speech and debate in Congress shall not be impeached or questioned in

any court or place out of Congress; and the members of Congress shall be

protected in their persons from arrest and imprisonment during the time

of their going to and from, and attendance on, Congress, except for

treason, felony, or breach of the peace.

ART. VI.--No State, without the consent of the United States, in

Congress assembled, shall send any embassy to, or receive any embassy

from, or enter into any conference, agreement, alliance, or treaty with

any king, prince, or state; nor shall any person holding any office of

profit or trust under the United States, or any of them, accept of any

present, emolument, office, or title of any kind whatever from any king,

prince, or foreign state; nor shall the United States, in Congress

assembled, or any of them, grant any title of nobility.

No two or more States shall enter into any treaty, confederation, or

alliance whatever between them, without the consent of the United

States, in Congress assembled, specifying accurately the purposes for

which the same is to be entered into, and how long it shall continue.

No State shall lay any imposts or duties which may interfere with any

stipulations in treaties entered into by the United States, in Congress

assembled, with any king, prince, or state, in pursuance of any treaties

already proposed by Congress to the courts of France and Spain.

No vessels of war shall be kept up in time of peace by any State, except

such number only as shall be deemed necessary by the United States, in

Congress assembled, for the defense of such State or its trade, nor

shall any body of forces be kept up by any State in time of peace,

except such number only as, in the judgment of the United States, in

Congress assembled, shall be deemed requisite to garrison the forts

necessary for the defense of such State; but every State shall always

keep up a well-regulated and disciplined militia, sufficiently armed and

accoutered, and shall provide and constantly have ready for use in

public stores a due number of field-pieces and tents, and a proper

quantity of arms, ammunition, and camp equipage.

No State shall engage in any war without the consent of the United

States, in Congress assembled, unless such State be actually invaded by

enemies, or shall have received certain advice of a resolution being

formed by some nation of Indians to invade such State, and the danger is

so imminent as not to admit of a delay till the United States, in

Congress assembled, can be consulted; nor shall any State grant

commissions to any ships or vessels of war, nor letters of marque or

reprisal, except it be after a declaration of war by the United States,

in Congress assembled, and then only against the kingdom or state, and

the subjects thereof, against which war has been so declared, and under

such regulations as shall be established by the United States, in

Congress assembled, unless such State be infested by pirates, in which

case vessels of war may be fitted out for that occasion, and kept so

long as the danger shall continue, or until the United States, in

Congress assembled, shall determine otherwise.

ART. VII.--When land forces are raised by any State for the common

defense, all officers of or under the rank of Colonel shall be appointed

by the Legislature of each State respectively by whom such forces shall

be raised, or in such manner as such State shall direct, and all

vacancies shall be filled up by the State which first made the

appointment.

ART. VIII.--All charges of war, and all other expenses that shall be

incurred for the common defense, or general welfare, and allowed by the

United States, in Congress assembled, shall be defrayed out of a common

treasury, which shall be supplied by the several States in proportion to

the value of all land within each State, granted to, or surveyed for,

any person, as such land and the buildings and improvements thereon

shall be estimated, according to such mode as the United States, in

Congress assembled, shall, from time to time, direct and appoint. The

taxes for paying that proportion shall be laid and levied by the

authority and direction of the Legislatures of the several States,

within the time agreed upon by the United States, in Congress assembled.

ART. IX.--The United States, in Congress assembled, shall have the sole

and exclusive right and power of determining on peace and war, except in

the cases mentioned in the sixth Article; of sending and receiving

ambassadors; entering into treaties and alliances, provided that no

treaty of commerce shall be made, whereby the legislative power of the

respective States shall be restrained from imposing such imposts and

duties on foreigners as their own people are subjected to, or from

prohibiting the exportation or importation of any species of goods or

commodities whatever; of establishing rules for deciding, in all cases,

what captures on land and water shall be legal, and in what manner

prizes taken by land or naval forces in the service of the United States

shall be divided or appropriated; of granting letters of marque and

reprisal in times of peace; appointing courts for the trial of piracies

and felonies committed on the high seas; and establishing courts for

receiving and determining finally appeals in all cases of captures;

provided that no member of Congress shall be appointed a judge of any of

the said courts.

The United States, in Congress assembled, shall also be the last resort

on appeal in all disputes and differences now subsisting, or that

hereafter may arise between two or more States concerning boundary,

jurisdiction, or any other cause whatever; which authority shall always

be exercised in the manner following: Whenever the legislative or

executive authority, or lawful agent of any State in controversy with

another, shall present a petition to Congress, stating the matter in

question, and praying for a hearing, notice thereof shall be given by

order of Congress to the legislative or executive authority of the other

State in controversy, and a day assigned for the appearance of the

parties by their lawful agents, who shall then be directed to appoint,

by joint consent, commissioners or judges to constitute a court for

hearing and determining the matter in question; but if they cannot

agree, Congress shall name three persons out of each of the United

States, and from the list of such persons each party shall alternately

strike out one, the petitioners beginning, until the number shall be

reduced to thirteen; and from that number not less than seven nor more

than nine names, as Congress shall direct, shall, in the presence of

Congress, be drawn out by lot; and the persons whose names shall be so

drawn, or any five of them, shall be commissioners or judges, to hear

and finally determine the controversy, so always as a major part of the

judges who shall hear the cause shall agree in the determination; and if

either party shall neglect to attend at the day appointed, without

showing reasons which Congress shall judge sufficient, or being present,

shall refuse to strike, the Congress shall proceed to nominate three

persons out of each State, and the secretary of Congress shall strike in

behalf of such party absent or refusing; and the judgment and sentence

of the Court, to be appointed in the manner before prescribed, shall be

final and conclusive; and if any of the parties shall refuse to submit

to the authority of such Court, or to appear or defend their claim or

cause, the court shall nevertheless proceed to pronounce sentence or

judgment, which shall in like manner be final and decisive; the judgment

or sentence and other proceedings being in either case transmitted to

Congress, and lodged among the acts of Congress for the security of the

parties concerned; provided, that every commissioner, before he sits in

judgment, shall take an oath, to be administered by one of the judges of

the supreme or superior court of the State where the cause shall be

tried, "well and truly to hear and determine the matter in question,

according to the best of his judgment, without favor, affection, or hope

of reward." Provided, also, that no State shall be deprived of territory

for the benefit of the United States.

All controversies concerning the private right of soil claimed under

different grants of two or more States, whose jurisdictions, as they may

respect such lands, and the States which passed such grants are

adjusted, the said grants or either of them being at the same time

claimed to have originated antecedent to such settlement of

jurisdiction, shall, on the petition of either party to the Congress of

the United States, be finally determined, as near as may be, in the same

manner as is before prescribed for deciding disputes respecting

territorial jurisdiction between different States.

The United States, in Congress assembled, shall also have the sole and

exclusive right and power of regulating the alloy and value of coin

struck by their own authority, or by that of the respective States;

fixing the standard of weights and measures throughout the United

States; regulating the trade and managing all affairs with the Indians,

not members of any of the States; provided that the legislative right of

any State, within its own limits, be not infringed or violated;

establishing and regulating post offices from one State to another,

throughout all the United States, and exacting such postage on the

papers passing through the same as may be requisite to defray the

expenses of the said office; appointing all officers of the land forces

in the service of the United States, excepting regimental officers;

appointing all the officers of the naval forces, and commissioning all

officers whatever in the service of the United States; making rules for

the government and regulation of the said land and naval forces, and

directing their operations.

The United States, in Congress assembled, shall have authority to

appoint a committee, to sit in the recess of Congress, to be denominated

"A Committee of the States," and to consist of one delegate from each

State, and to appoint such other committees and civil officers as may be

necessary for managing the general affairs of the United States under

their direction; to appoint one of their number to preside; provided

that no person be allowed to serve in the office of president more than

one year in any term of three years; to ascertain the necessary sums of

money to be raised for the service of the United States, and to

appropriate and apply the same for defraying the public expenses; to

borrow money or emit bills on the credit of the United States,

transmitting every half year to the respective States an account of the

sums of money so borrowed or emitted; to build and equip a navy; to

agree upon the number of land forces, and to make requisitions from each

State for its quota, in proportion to the number of white inhabitants in

such State, which requisition shall be binding; and thereupon the

Legislature of each State shall appoint the regimental officers, raise

the men, and clothe, arm, and equip them in a soldier-like manner, at

the expense of the United States; and the officers and men so clothed,

armed, and equipped shall march to the place appointed, and within the

time agreed on by the United States, in Congress assembled; but if the

United States, in Congress assembled, shall, on consideration of

circumstances, judge proper that any State should not raise men, or

should raise a smaller number than its quota, and that any other State

should raise a greater number of men than the quota thereof, such extra

number shall be raised, officered, clothed, armed, and equipped in the

same manner as the quota of such State, unless the Legislature of such

State shall judge that such extra number can not be safely spared out of

the same, in which case they shall raise, officer, clothe, arm, and

equip as many of such extra number as they judge can be safely spared,

and the officers and men so clothed, armed, and equipped shall march to

the place appointed, and within the time agreed on by the United States,

in Congress assembled.

The United States, in Congress assembled, shall never engage in a war,

nor grant letters of marque and reprisal in time of peace, nor enter

into any treaties or alliances, nor coin money, nor regulate the value

thereof, nor ascertain the sums and expenses necessary for the defense

and welfare of the United States, or any of them, nor emit bills, nor

borrow money on the credit of the United States, nor appropriate money,

nor agree upon the number of vessels of war to be built or purchased, or

the number of land or sea forces to be raised, nor appoint a commander

in chief of the army or navy, unless nine States assent to the same, nor

shall a question on any other point, except for adjourning from day to

day, be determined, unless by the votes of a majority of the United

States, in Congress assembled.

The Congress of the United States shall have power to adjourn to any

time within the year, and to any place within the United States, so that

no period of adjournment be for a longer duration than the space of six

months, and shall publish the journal of their proceedings monthly,

except such parts thereof relating to treaties, alliances, or military

operations as in their judgment require secrecy; and the yeas and nays

of the delegates of each State, on any question, shall be entered on the

journal when it is desired by any delegate; and the delegates of a

State, or any of them, at his or their request, shall be furnished with

a transcript of the said journal except such parts as are above

excepted, to lay before the Legislatures of the several States.

ART. X.--The Committee of the States, or any nine of them, shall be

authorized to execute, in the recess of Congress, such of the powers of

Congress as the United States, in Congress assembled, by the consent of

nine States, shall, from time to time, think expedient to vest them

with; provided that no power be delegated to the said Committee, for the

exercise of which, by the Articles of Confederation, the voice of nine

States in the Congress of the United States assembled is requisite.

ART. XI.--Canada, acceding to this Confederation, and joining in the

measures of the United States shall be admitted into, and entitled to

all the advantages of this Union; but no other colony shall be admitted

into the same, unless such admission be agreed to by nine States.