GIFT OF Florence Koehler THE DECLARATION OF INDEPENDENCE AND CONSTITUTION OF THE UNITED STATES OF AMERICA, NEW- YORK : R. SPALDING. 1864. DECLARATION OF INDEPENDENCE 1776. HEN, in the courfe of \ human events, it be comes nece$|ary for one people to dlfiblve the political bands which have connected them with another, and to aiRime, among the powers of the earth, the Separate and equal ftation, to which the laws of nature, 4 DECLARATION OF and of nature s God entitle them, a decent refpet to the opinions of mankind requires that theyjhould declare the causes which impel them to the Reparation. We hold thefe truths to be felf-evident that all men are created equal; that they are endowed by their Creator with certain inalienable rights $ that among thefe are life, liberty, and the purfuit of happinefs. That, tojlecure thefe rights, governments are instituted among men, deriving their ji*ft powers from the confent of the governed ; that, whenever any INDEPENDENCE. form of government becomes d<^bru&ive of thfe ends, it is the right of the people to alter or abolish it, and to iifllitute a new government, laying its foundations onjjuch principles, and organizing its powers in 4uch form, as to them Jhall ^eem m$l likely to effet their Jfofety and happinels.* Pru dence, indeed, will dictate that governments long eftablilhed ftiould not be changed for light and tranfient caufes; and, ac cordingly, all experience hath (hown that mankind are more difpofed to fuffer, while evils are fufferable, than to right 6 DECLARATION OF themfelves by abolifhing the forms to which they are accus tomed. But when a long train of abufes and ufurpations, pur- fuing invariably the fame ob- jet, evinces a delign to reduce them under abfolute defpotifm, it is their right, it is their duty, to throw off litch government, and to provide new guards for their future fecurity. Such has been the patient fufferance of thefe colonies, and fuch is now the neceffity which con- ftrains them to alter their for mer fyftems of government. The hiftory of the prefent king of Great Britain, is a hiftory INDEPENDENCE. 7 of repeated injuries and ufiir- pations, all having in diret object the eftablifhment of an abfolute tyranny over thefe States. To prove this, let fats be fubmitted to a candid worldT/ He has refufed his aflent to laws the moft wholefome and neceflary for the public good. He has forbidden his gov ernors to pafs laws of immedi ate and prefling importance, unlefs fufpended in their ope rations till his aflent fhould be obtained 5 and, when fo fus- pended, he has utterly neg- leted to attend to them. 8 DECLARATION OF He has refufed to pafs other laws for the accommodation of large diftri&s of people, unlefs thofe people would re- linquifh the right of reprefen- tation in the Legiflature a right ineftimable to them, and formidable to tyrants only. He has called together legis lative bodies at places unufual, uncomfortable, and diftant from the repofitory of their public records, for the fole purpofe of fatiguing them into compli ance with his meafures. He has diflblved reprefen- tative houfes repeatedly, for oppofing, with manly firmnefs, INDEPENDENCE. 9 his invafions on the rights of the people. He has refufed, for a long time after fuch diffolutions, to caufe others to be elected, whereby the legiflative powers, incapable of annihilation, have returned to the people at large for their exercife; the State remaining, in the meantime, expofed to all the dangers of invafions from without, and convulfions within. He has endeavored to pre vent the population of thefe States; for that purpofe ob- ftruting the laws for the natu ralization of foreigners; refus- 10 DECLARATION OF ing to pafs others to encourage their migration hither, and raifing the conditions of new appropriations of lands. He has obftruted the ad- miniftration of juftice, by re- fufing his affent to laws for eftablifhing judiciary powers. He has made judges depend ent on his will alone for the tenure of their offices, and the amount and payment of their falaries. He has ere&ed a multitude of new offices, and fent hither fwarms of officers to harafs our people and eat out their subftance. INDEPENDENCE. 1 1 He has kept among us in times of peace, ftanding ar mies, without the confent of our Lecriflatures. o He has affe&ed to render the military independent of, and fuperior to, the civil power. He has combined with oth ers to fubjet us to a juris diction foreign to our conftitu- tions, and unacknowledged by our laws 5 giving his aflent to their ats of pretended legis lation : For quartering large bodies of armed troops among us; For protecting them, by a mock trial, from puniftiment 12 DECLARATION OF for any murders which they fhould commit on the inhabi tants of thefe States ; *For cutting off our trade with all parts of the world ; For impofing taxes on us without our confent;^ For depriving us, in many cafes, of the benefit of trial by For tranfporting us beyond feas, to be tried for pretended offences 5 For aboliihing the free fys- tem of Englifh laws in a neigh boring province, eftablifhing therein an arbitrary govern ment, and enlarging its boun- INDEPENDENCE. 13 daries, fo as to render it at once an example and fit inftru- ment for introducing the fame abfolute rule into thefe colo nies; For taking away our char ters, abolifhing our moft valu able laws, and altering, funda mentally, the forms of our governments $ For fufpending our own Legiflatures, and declaring themfelves inverted with power to legiflate for us in all cafes whatfoever. He has abdicated govern ment here, by declaring us out 14 DECLARATION OF of his protection, and waging war againft us. He has plundered our feas, ravaged our coafts, burned our towns, and deftroyed the lives of our people. He is at this time tranfport- ing large armies of foreign mercenaries, to complete the works of death, defolation, and tyranny, already begun with circumftances of cruelty and perfidy fcarcely paralleled in the moft barbarous ages, and totally unworthy the head of a civilized nation. He has conftrained our fel low-citizens, taken captive on INDEPENDENCE. 15 the high feas, to bear arms againft their country, to be come the executioners of their friends and brethren, or to fall themfelves by their hands. He has excited domeftic in- furretion among us, and has endeavored to bring on the inhabitants of our frontiers, the mercilefs Indian favages, whofe known rule of warfare is an undiftinguiftied deftruc- tion of all ages, fexes, and conditions. In every ftage of thefe op- preflions we have petitioned for redrefs in the moft humble terms; our repeated petitions I 6 DECLARATION OF have been anfwered only by repeated injury. A prince whofe character is thus marked by every at which may de fine a tyrant, is unfit to be the ruler of a free people. Nor have we been wanting in our attentions to our Britifh brethren. We have warned them, from time to time, of attempts by their legiflature to extend an unwarrantable jurifdition over us. We have reminded them of the circum- ftances of our emigration and fettlement here. We have appealed to their native juftice and magnanimity, and we have INDEPENDENCE. IJ conjured them by the ties of our common kindred, to dis avow thefe ufurpations, which would inevitably interrupt our connections and correfpon- dence. They, too, have been deaf to the voice of juftice and of confanguinity. We muft, therefore, acquiefce in the neceflity which denounces our feparation, and hold them as we hold the reft of mankind enemies in war in peace, friends. We, therefore, the repre- fentatives of the United States of America, in general Con- grefs affembled, appealing to I 8 DECLARATION OF the Supreme Judge of the world for the rectitude of our intentions, do, in the name and by the authority of the good people of thefe colonies, fol- emnly publifh and declare that thefe united colonies are, and of right ought to be, free and independent States f/^that they are abfolved, from all allegiance to the Britilh crown, and that all political connection between them and the ftate of Great Britain, is, and ought to be, totally diflblved,^nd that, as free and independent States, they have full power to levy war, conclude peace, contract INDEPENDENCE. 19 alliances, eftablifh commerce, and do all other ats and things which independent States may of right do. And for the fupport of this Declaration, with a firm reliance on the protection of Divine Provi dence, we mutually pledge to each other our lives, our for tunes, and our facred honor. 2,0 SIGNERS. COJOCiOiCO Gi T (N C^l Ci i <] ^ S So Kff Jg QO t- QO S ? p i 1 1 o co- 6^5666 I 6666-c6 16 I I 16 16666 1566^6 c ^ g;* I ;$ I 00 I I IS Is " ^ ISgsJ " i! : "S ::::. :::::: e . ci - :S :::::::::: :5 :!:::::::::::= :(,::::::::::; fH ( . af c g iiJ5!:!. -<;_i:!i!!rfff< o w ll w .-c. 5.^l 5 tH l l S) S)l5^2-a^-^llil l>< ^S? g 5?aS^Tr>?*^C 5 1 . : eoO--.^o?VrS>C;? : ?:^^l :2 "O.T. ^ ^ C ^ w f"i U r .._. 5 H ll~llll sSul l i - lsl =5 Jill kH""^*"Sr> fT 1 "^ t^ 42 ^-^- " & ^ 2 O as I 1 lll|IIII||l|fI-II^IIll|lpII21 cu WM^fc^^HSwicMSHOMWWoDMMaeM^SSS^^aDO <U era <U u l-s, S-8 1 !!!!! * ^"3 : oT = "^ ^ C rt "IlllSfi :S^D SIGNERS. 2,1 ^ (~_ c/5 i>- r- t oo t- i- i- i- r r t~ /- i- i - i - x r.\~ f, i- i t- > -"5 l&^ g~.a r >~ & > a g5ig5tig,;5JiS|.! .1 . sf.2 :- .2.S.I 1.2 i. :.2-i :1 i.5 : i. : S(SiS>sw8!ft(S (2558(2 izjSfesSojU^jlo? o h A rt it! - E CM^ 5 6JD O C aration of Independence fourteen FARMERS, or men E - c ;r w ^ 5 " ^ o^l? JS C ^ *-2 & gl.":^ 1H1 J2 ^ c o j >*r\ a A ag INIST URER. ea of M s -Sjof firs i H S H u / fl \ --\ *, CONSTITUTION OF THE UNITED STATES f E the People of the United States, in order to form a more perfect union, eftablilh juftice, infure domes tic tranquillity, provide for the common defence, promote the general welfare, and fecure the bleflings of liberty to our- felves and our pofterity, do ordain and eftabliih this CON STITUTION for the United States of America. 24 CONSTITUTION OF ARTICLE I. SECTION i. All legiflative powers herein granted fhall be vefted in a Congrefs of the United States, which (hall con- lift of a fenate and houfe of reprefentatives. SECTION 2. The houfe of reprefentatives fhall be com- pofed of members chofen every fecond year by the people of the feveral States, and the electors in each State fhall have the qualifications requifite for electors of the moft numerous branch of the ftate legiflature. No perfon fhall be a repre- fentative who fhall not have THE UNITED STATES. 25 attained to the age of twenty- five years, and been feven years a citizen of the United States, and who fhall not, when elected, be an inhabitant of that ftate, in which he fhall be chofen. Reprefentatives and direct taxes fhall be apportioned among the feveral ftates which may be included within this Union, according to their res- petive numbers, which (hall be determined by adding to the whole number of free per- fons, including thofe bound to fervice for a term of years, and excluding Indians not tax ed, three-fifths of all other 26 CONSTITUTION OF perfons. The actual enume ration (hall be made within three years after the firft meet ing of the Congrefs of the United States, and within every fubfequent term of ten years, in fuch manner as they {hall by law direct. The number of reprefentatives fhall not ex ceed one for every thirty thou- fand, but each State fhall have at leaft one reprefentative $ and until fuch enumeration fhall be made, the State of New Hamp- {hire {hall be entitled to choofe three, Maflachufetts eight, Rhode Ifland and Providence Plantations one, Connecticut THE UNITED STATES. 27 five, New York fix, New Jer- fey four, Pennfylvania eight, Delaware one, Maryland fix, Virginia ten, North Carolina five, South Carolina five, and Georgia three. When vacancies happen in the reprefentation from any ftate, the executive authority thereof (hall iflue writs of ejec tion to fill fuch vacancies. The Houfe of Reprefenta- tives (hall choofe their fpeaker and other officers 5 and fhall have the fole power of im peachment. SECTION 3. The Senate of the United States (hall be com- 28 CONSTITUTION OF pofed of two fenators from each ftate, chofen by the legis lature thereof, for fix years 5 and each fenator (hall have one vote. Immediately after they fhall be aflembled in confequence of the firft election, they fhall be divided as equally as may be into* three claffes. The feats of the fenators of the firft clafs fhall be vacated at the expiration of the fecond year, of the fecond clafs at the ex piration of the fourth year, and of the third clafs at the expiration of the fixth, year, fo that one-third may be cho- THE UNITED STATES. 29 fen every fecond year 5 and if vacancies happen by refigna- tion, or otherwife, during the recefs of the legiflature of any ftate, the executive thereof may make temporary appoint ments until the next meeting of the legiflature, which lhall then fill fuch vacancies. No perfon fhall be a fenator who fhall not have attained to the age of thirty years, and been nine years a citizen of the United States, and who fhall not, when elected, be an in habitant of that ftate for which he fhall be chofen. The vice-prefident of the 30 CONSTITUTION OF United States (hall be prefident of the Senate, but fhall have no vote, unlefs they be equally divided. The Senate fhall choofe their other officers, and alfo a pre fident pro tempore, in the abfence of the vice-prefident, or when he lhall exercife the office of prefident of the United States. The Senate (hall have the fole power to try all impeach ments : When fitting for that purpofe, they (hall be on oath or affirmation. When the prefident of the United States is tried, the chief-juftice fhall THE UNITED STATES. 31 prefide : and no peffon Ihall be convicted without the concur rence of two-thirds of the members prefent. Judgment in cafes of im peachment fhall not extend further than to removal from office, and difqualification to hold and enjoy any office of honor, truft or profit under the United States : but the party convicted fhall neverthelefs be liable and fubjet to indib- ment, trial, judgment and punifhment according to law. SECTION 4. The times, places and manner of holding elections for fenators and rep- 32 CONSTITUTION OF refentatives, fhall be prefcribed in each ftate by the legiflature thereof 5 but the Congrefs may at any time, by law, make or alter fuch regulations, except as to the places of choofing fenators. The Congrefs (hall aflemble at leaft once in every year, and fuch meeting fhall be on the firft Monday in December, unlefs they fhall by law appoint a different day. SECTION 5. Each houfe fhall be the judge of the elections, returns and qualifications of its own members, and a majority of each fhall conftitute a quo- THE UNITED STATES. 33 rum to do bufinefs; but a fmaller number may adjourn from day to day, and may be authorized to compel the at tendance of abfent members, in fuch manner, and under fuch penalties as each houfe may provide. Each houfe may determine the rules of its proceedings, puniih its members for difor-< derly behavior, and, with the concurrence of two-thirds, ex pel a member. Each houfe {hall keep a journal of its proceedings, and from time to time publifti the fame, excepting fuch parts as 34 CONSTITUTION OF may in their judgment require fecrecy, and the yeas and nays of the members of either houfe on any queftion fhall, at the defire of one-fifth of thofe pre- fent, be entered on the journal/ Neither houfe, during the feffion of Congrefs, (hall, with out the confent of the other, adjourn for more than three days, nor to any other place than that in which the two houfes {hall be fitting. SECTION 6. The fenators and reprefentatives (hall receive a compenfation for their fer- vices, to be afcertained by law, and paid out of the treafury THE UNITED STATES. 35 of the United States. They fhall in all cafes, except trea- fon, felony and breach of the peace, be privileged from ar- reft during their attendance at the feflion of their refpetive houfes, and in going to and returning from the fame; and for any fpeech or debate in either houfe, they fhall not be questioned in any other place. No fenator or reprefenta- tive fhall, during the time for which he was elected, be ap pointed to any civil office under the authority of the United States, which fhall have been created, or the emoluments 36 CONSTITUTION OF whereof {hall have been in- creafed during fuch time 5 and no perfon holding any office under the United States, fhall be a member of either houfe during his continuance in office. SECTION 7. All bills for railing revenue fhall originate in the Houfe of Reprefenta- tives j but the Senate may pro- pofe or concur with amend ments as on other bills. Every bill which fhall have pafled the Houfe of Repre- fentatives and the Senate, fhall, before it become a law, be prefented to the president of THE UNITED STATES. 37 the United States; if he ap prove he fhall fign it, but if not he (hall return it, with his objections to that houfe in which it fhall have originated, who fhall enter the objections at large on their journal, and proceed to reconfider it. If after fuch reconfideration, two- thirds of that houfe fhall agree to pafs the bill, it fhall be fent, together with the objections to the other houfe, by which it (hall likewife be reconfidered, and if approved by two-thirds of that houfe, it lhall become a law. But in all luch cafes the votes of both houfes fhall 38 CONSTITUTION OF be determined by yeas and nays, and the names of the perfons voting for and againft the bill fhall be entered on the journal of each houfe refpeo tively. If any bill fhall not be returned by the preiident within ten days (Sunday excepted) after it fhall have been pre- fented to him, the fame (hall be a law, in like manner as if he had figned it, unlefs the Congrefs by their adjournment prevent its return, in which cafe it fhall not be a law. Every order, refolution, or vote to which the concurrence of the Senate and Houfe of THE UNITED STATES. 39 Reprefentatives may be neces- fary (except on a queftion of adjournment) (hall be prefented to the prefident of the United States 5 and before the fame {hall take effect, (hall be ap proved by him, or being dis approved by him, ihall be repafled by two-thirds of the Senate and Houfe of Repre fentatives, according to the rules and limitations prefcribed in the cafe of a bill. SECTION 8. /The Congrefs fhall have power to lay and collect taxes, duties, imports and excifes, to pay the debts and provide for the common 40 CONSTITUTION OF defence and general welfare of the United States; but all duties, imports and excifes fhall be uniform throughout the United States 5 2 To borrow money on the credit of the United States; 3 To regulate commerce with foreign nations, and among the feveral ftates, and with the Indian tribes; ^To eftablifh an uniform rule of naturalization, and uniform laws on the fubje& of bank ruptcies throughout the Uni ted States; ^To coin money, regulate the value thereof, and of foreign THE UNITED STATES. 41 coin, and fix the ftandard of weights and meafures; L To provide for the punifh- ment of counterfeiting the fe- curities and current coin of the United States ; 9 To eftablifh poft-offices and poft-roads $ * To promote the progrefs of science and ufeful arts, by fecuring for limited times, to authors and inventors the ex- clufive right to their refpetive writings and difcoveries; * To conftitute tribunals infe rior to the fupreme court; -cTo define and punifh pira cies and felonies committed on 42 CONSTITUTION OF the high feas, and offences againft the law of nations; To declare war, grant let ters of marque and reprifal, and make rules concerning captures on land and water 5 /v To raife and fupport armies, but no appropriation of money to that ufe fhall be for a longer term than two years; ,3 To provide and maintain a navy; >+ To make rules for the gov ernment and regulation of the land and naval forces; ,<To provide for calling forth the militia to execute the laws THE UNITED STATES. 43 of the Union, fupprefs infiir- retions and repel invafions ; > <* To provide for organizing, arming, and difciplining, the militia, and for governing fuch part of them as may be em ployed in the fervice of the United States, referving to the ftates refpetively, the appoint ment of the officers, and the authority of training the militia according to the difcipline pre- fcribed by Congrefs; (7 To exercife excluiive legis lation in all cafes whatfoever, over fuch diftrit (not exceed ing ten miles fquare) as may, by ceffion of particular ftates, 44 CONSTITUTION OF and the acceptance of Con- grefs, become the feat of gov ernment of the United States, and to exercife like authority over all places purchafed by the confent of the legiflature of the ftate in which the fame fhall be, for the erection of forts, magazines, arfenals, dockyards, and other needful buildings $ And 4 i To make all laws which fhall be neceffary and proper for carrying into execution the foregoing powers, and all other powers veiled by this conftitution in the government of the United States, or in THE UNITED STATES. 45 any department or officer thereof. SECTION 9. The migration or importation of fuch perfons as any of the ftates now ex- ifting fhall think proper to admit, fhall not be prohibited by the Congrefs prior to the year one thoufand eight hun dred and eight, but a tax or duty may be impofed on fiich importation, not exceeding ten dollars for each perfon. The privilege of the writ of habeas corpus fhall not be fufpended, unlefs when in cafes of rebellion or invafion the public fafety may require it. 46 CONSTITUTION OF No bill of attainder or ex poft fato law fhall be paffed. No capitation, or other di- ret, tax fhall be laid, unlefs in proportion to the cenfus or enumeration hereinbefore di rected to be taken. No tax or duty fhall be laid on articles exported from any ftate. No preference fhall be given by any regulation of com merce or revenue to the ports of one ftate over thofe of an other : nor fhall veflels bound to, or from, one ftate, be obliged to enter, clear, or pay duties in another. THE UNITED STATES. 47 No money fhall be drawn from the treafury, but in con- fequence of appropriations made by law 5 and a regular ftatement and account of the receipts and expenditures of all public money fhall be pub- lifhed from time to time. No title of nobility fhall be granted by the United States : And no perfon holding any office of profit or truft under them, fhall, without the con- fent of the Congrefs, accept of any prefeht, emolument, office, or title, of any kind whatever, from any king, prince, or foreign ftate. 48 CONSTITUTION OF SECTION 10. No ftate (hall enter into any treaty, alliance, or confederation ; grant letters of marque and reprifal; coin money ; emit bills of credit; make anything but gold and filver coin a tender in payment of debts; pafs any bill of at tainder, ex poft fato law, or law impairing the obligation of contracts, or grant any title of nobility. No ftate (hall, without the confent of the Congrefs, lay any impoft or duties on imports or exports, except what may be abfolutely neceflary for executing its infpetion laws; THE UNITED STATES. 49 and the net produce of all duties and impofts, laid by any ftate on imports or exports, fhall be for the ufe of the treafury of the United States; and all fiich laws fhall be fubjeft to the revifion and control of the Congrefs. No ftate fhall, without the confent of Congrefs, lay any duty of tonnage, keep troops, or fhips-of-war in time of peace, enter into any agreement or compact with another ftate, or with a foreign power, or engage in war, unlefs actually invaded, or in fuch imminent danger as will not admit of delay. 50 CONSTITUTION OF ARTICLE II. SECTION i. The executive power fhall be veiled in a pre- fident of the United States of America. He (hall hold his office during the term of four years, and, together with the vice-prefident, chofen for the fame term, be elected, as fol lows : Each ftate fhall appoint, in fuch manner as the legiflature thereof may direct, a number of electors, equal to the whole number of fenators and repre- fentatives to which the State may be entitled in the Con- grefs : but no fenator or repre- ft THE UNITED STATES. 51 Tentative, or perfon holding an office of truft or profit under the United States, fhall be appointed an elector. [The electors fhall meet in their refpetive ftates, and vote by ballot for two perfons, of whom one at leaft fhall not be an inhabitant of the fame ftate with themfelves. And they lhall make a lift of all the perfons voted for, and of the number of votes for each ; which lift they fhall fign and certify, and tranfmit fealed to the feat of the government of the United States, directed to the prefident of the Senate. 52 CONSTITUTION OF The prefident of the Senate fhall, in the prefence of the Senate and Houfe of Repre- fentatives, open all the certi ficates, and the votes fhall then be counted. The perfon hav ing the greateft number of votes {hall be the prefident, if fuch number be a majority of the whole number of electors ap pointed 5 and if there be more than one who have fuch ma jority and have an equal number of votes, then the Houfe of Reprefentatives (hall immedi ately choofe by ballot one of them for prefident; and if no perfon have a majority, then THE UNITED STATES. 53 from the five higheft on the lift the faid houfe fhall in like manner choofe the prefident. But in choofing the preiident, the votes fhall be taken by ftates, the reprefentation from each ftate having one vote 5 a quorum for this purpofe fhall confift of a member or mem bers from two-thirds of the ftates, and a majority of all ftates fhall be neceflary to a choice. In every cafe, after the choice of the prefident, the perfon having the greateft number of votes of the elec tors fhall be the vice-prefident. But if there fhould remain two 54 CONSTITUTION OF or more who have equal votes, the Senate (hall choofe from them by ballot the vice-prefi- dent.] The Congrefs may deter mine the time of choofing the electors, and the day on which they fhall give their votes; which day fhall be the fame throughout the United States. No perfon except a natural born citizen, or a citizen of the United States, at the time of the adoption of this Confti- tution, fhall be eligible to the office of prefident; neither fhall any perfon be eligible to that office who fhall not have THE UNITED STATES. 55 attained to the age of thirty- five years, and been fourteen years a refident within the United States. In cafe of the removal of the prefident from office, or of his death, refignation, or in ability to difcharge the powers and duties of the faid office, the fame fhall devolve on the vice-prefident, and the Con- grefs may by law provide for the cafe of removal, death, refignation, or inability, both of the prefident and vice-pre fident, declaring what officer fhall then at as prefident, and fuch officer fhall at accord- 5 6 CONSTITUTION * OF ingly, until the difability be removed, or a prefident fhall be elected. The prefident fhall, at ftated times, receive for his fervices, a compenfation, which fhall neither be incre^fed nor dimin- ifhed during the period for which he fhall have been elec ted, and he fhall not receive within that period any other emolument from the United States, or any of them. Before he enter on the exe cution of his office, he fhall take the following oath or affirmation : "I do folemnly fwear (or affirm) that I will THE UNITED STATES. 57 faithfully execute the office of prelident of the United States, and will to the beft of my ability, preferve, protect and defend the conftitution of the United States." SECTION 2. The prefident lhall be commander-in-chief of the army and navy of the United States, and of the militia of the feveral ftates, when called into the actual fervice of the United States; he may require the opinion, in writing, of the principal officer in each of the executive departments, upon any fubjet relating to the duties of their refpetive 58 CONSTITUTION OF offices, and he fhall have power to grant reprieves and pardons for offences againft the United States, except in cafes of im peachment. ^ He fhall have power, by and with the advice and confent of the Senate, to make treaties, provided two-thirds of the fen- ators prefent concur; and he fhall nominate, and by and with the advice and confent of the Senate, fhall appoint am- bafladors, other public minis ters and confuls, judges of the fupreme court, and all other officers of the United States; whofe appointments are not THE UNITED STATES. 59 herein otherwife provided for, and which (hall be eftablifhed by law ; but the Congrefs may by law veft the appointment of fuch inferior officers, as they think proper, in the prefident alone, in the courts of law, or in the heads of depart ments. ^ The prefident fhall have power to fill up all vacancies that may happen during the recefs of the Senate, by grant ing commiffions which fhall expire at the end of their next feffion. SECTION 3. He fhall from time to time give to the Con- 60 CONSTITUTION OF grefs information of the ftate of the Union, and recommend to their confideration fuch meafures as he fhall judge neceflary and expedient; he may, on extraordinary occa- fions, convene both houfes, or either of them, and in cafe of difagreement between them, with relpet to the time of adjournment, he may adjourn them to fuch time as he fhall think proper; he fhall receive ambafladors and other public minifters: he lhall take care * that the laws be faithfully exe cuted, and (hall commiflion all the officers of the United States. THE UNITED STATES. 6 1 SECTION 4. The preiident, vice-prefident and all civil of ficers of the United States, lhall be removed from office on impeachment for, and convic tion of, treafon, bribery, or other high crimes and mifde- meanors. ARTICLE III. SECTION i. The judicial power of the United States, fhall be veiled in one fupreme court, and in fiich inferior courts as the Congrefs may from time to time ordain and eftablifh. The judges, both of the fupreme and inferior i 62 CONSTITUTION OF courts, fhall hold their offices during good behavior, and fhall, at ftated times, receive for their fervices, a compenfa- tion, which fhall not be dimin- ilhed during their continuance in office. SECTION 2. The judicial power fhall extend to all cafes, in law and equity, arifing under this Constitution, the laws of the United States, and treaties made, or which fhall be made, under their authority ; to all cafes affecting ambafladors, other public minifters, and confuls, -to all cafes of ad miralty and maritime jurifdic- THE UNITED STATES. 63 tion ; to controverfies to which the United States (hall be a party ; to controverfies between two or more ftates ; between a ftate and citizens of another ftate; between citi zens of different ftates; be tween citizens of the fame ftate claiming lands under grants of different ftates, and between a ftate, or the citizens thereof, and foreign ftates, citizens or fubjets. In all cafes affecting ambas- fadors, other public minifters and confuls, and thofe in which a ftate fhall be party, the fupreme court fhall have origi- 64 CONSTITUTION OF nal jurifdi&ion. In all the other cafes before mentioned, the fupreme court (hall have appellate jurifdition, both as to law and fat, with fuch exceptions, and under fuch regulations as the Congrefs fhall make. The trial of all crimes, ex cept in cafes of impeachment, fhall be by jury ; and fuch trial fhall be held in the State where the faid crime fhall have been committed ; but when not com mitted within any ftate, the trial fhall be at fuch place or places as the Congrefs may by law have directed. THE UNITED STATES. 65 * SECTION 3. Treafon againft the United States, fhall confift only in levying war againft them, or in adhering to their enemies, giving them aid and comfort. No perfon fhall be convicted of treafon unlefs on the tefti- mony of two witneffes to the fame overt aL or on confes- . * (ion in open court. The Congrefs fhall have power to declare the punifh- ment of treafon, but no attain der of treafon fhall work cor ruption of blood, or forfeiture except during the life of the perfon attainted/ 66 CONSTITUTION OF ARTICLE IV. SECTION i. Full faith and credit fhall be given in each ftate to the public ats, records, and judicial proceedings of every other ftate. And the Congrefs may by general laws prefcribe the manner in which fuch ats, records and proceed ings lhall be proved, and the effe& thereof. SECTION 2. The citizens of each ftate fhall be entitled to all privileges and immunities of citizens in the feveral ftates. A perfon charged in any ftate with treafon, felony, or other crime, who fhall flee from THE UNITED STATES. 67 juftice, and be found in another ftate, fhall on demand of the executive authority of the ftate from which he fled, be delivered up, to be removed to the ftate having jurifdi&ion of the crime. No perfon held to fervice or labor in one ftate, under the laws thereof, efcaping into another, fhall, in confequence of any law or regulation there in, be difcharged from fuch fervice or labor, but fhall be delivered up on claim of the party to whom fuch fervice or labor may be due. SECTION 3. Newftatesmay 68 CONSTITUTION OF be admitted by the Congrefs into this Union; but no new ftate (hall be formed or erected within the jurifdition of any other ftate; nor any ftate be formed by the junction of two or more ftates, or parts of ftates, without the confent of the Legiflatures of the ftates concerned as well as of the Congrefs. The Congrefs fhall have power to difpofe of and make all needful rules and regula tions refpeting the territory or other property belonging to the United States; and nothing in this Conftitution THE UNITED STATES. 69 fhall be fo conftrued as to pre judice any claims of the Uni ted States, or of any particular ftate. SECTION 4. The United States fhall guaranty to every ftate in this Union, a republican form of government, and (hall protect each of them againft invafion, and on application of the legiflature, or of the execu tive (when the legiflature can not be convened) againft do- meftic violence. ARTICLE V. The Congrefs, whenever two-thirds of both houfes fhall 70 CONSTITUTION OF deem it neceflary, fhall propofe amendments to this Conftitu- tion, or, on the application of the legiflatures of two-thirds of the feveral ftates, fhall call a convention for propofing amendments, which, in either cafe, fhall be valid to all in tents and purpofes, as part of this Conftitution, when ratified by the legiflatures of three- fourths of the feveral ftates, or by conventions in three- fourths thereof, as the one or the other mode of ratification may be propofed by the Con- grefs 5 provided that no amend ment which may be made THE UNITED STATES. 71 prior to the year one thoufand eight hundred and eight, (hall in any manner affect the firft and fourth claufes in the ninth fection of the firft article; and that no ftate, without its confent, fhall be deprived of its equal fuffrage in the Senate. ARTICLE VI. All debts contracted and engagements entered into, be fore the adoption of this Con- ftitution, (hall be as valid againft the United States under this Conftitution, as under the con federation. This Conftitution, and the 72 CONSTITUTION OF laws of the United States which (hall be made in purfuance thereof 5 and all treaties made, or which (hall be made, under the authority of the United States, fhall be the fupreme law of the land ; and the judges in every ftate fhall be bound thereby, anything in the con- ftitution or laws of any State to the contrary notwithftand- ing. The fenators and reprefen- tatives before mentioned, and the members of the feveral ftate legiflatures, and all execu tive and judicial officers, both of the United States and of THE UNITED STATES. 73 the feveral ftates, fhall be bound by oath or affirmation, to fupport this Conftitutibn ; but no religious teft fhall ever be required as a qualification to any office or public truft under the United States. ARTICLE VII. The ratification of the con ventions of nine ftates, (hall be fufficient for the eftablifh- ment of this Conftitution be tween the ftates fo ratifying the fame. Done in convention by the unani mous confent of the States prefent the feventeenth day of September 10 74 CONSTITUTION. in the year of our Lord one thou- fand feven hundred and eighty- feven and of the independence oF the United States of America the twelfth. In witnefs whereof we have hereunto fubfcribed our names. Preiident, and deputy from Virginia WILLIAM JACKSON, Secretary. CONSTITUTION. 75 AMENDMENTS To the Conftitution of the United States, ratified according to the provifions of the fifth article of the foregoing conftitution. ARTICLE I. Congrefs fhall make no law refpeting an eftablifhment of religion, or prohibiting the free exercife thereof ; or abridging the free dom of fpeech, or of the prefs 5 or the right of the people peaceably to aflemble, and to petition the government for redrefs of grievances. ARTICLE II. A well-regu lated militia, being neceflary j6 CONSTITUTION OF to the fecurity of a free ftate, the right of the people to keep and bear arms, lhall not be infringed. ARTICLE III. No foldier fhall, in time of peace be quar tered in any houfe, without the confent of the owner, nor in time of war, but in a man ner to be prefcribed by law. ARTICLE IV. The right of the people to be fecure in their perfons, houfes, papers, and effects, againft unreafonable fearches and feizures, (hall not be violated, and no warrants fhall iflue, but upon probable caufe, fupported by oath or THE UNITED STATES. 77 affirmation, and particularly defcribing the place to be fearched, and the perfons or things to be feized. ARTICLE V. No perfonfhall be held to anfwer for a capital, or otherwife infamous crime, unlefs on a prefentment or indictment of a grand jury, except in cafes arifing in the land or naval forces, or in the militia, when in actual fervice in time of war and public danger; nor {hall any perfon be fubjet for the fame offence to be twice put in jeopardy of life or limb; nor lhall be compelled in any criminal cafe 78 CONSTITUTION OF to be a witnefs againft himfelf, nor to be deprived of life, liberty, or property, without due procefs of law; nor fhall private property be taken for public ufe, without juft com- penfation. ARTICLE VI. In all criminal profecutions, the accufed lhall enjoy the right to a fpeedy and public trial, ,by an impartial jury of the ftate and diftrit wherein the crime (hall have been committed, which diftrit fhall have been previoufly as certained by law, and to be informed of the nature and caufe of the accufation ; to be THE UNITED STATES. 79 confronted with the witnefles againft him; to have compul- fory procefs for obtaining wit nefles in his favor, and to have the afliftance of counfel for his defence. ARTICLE VII. In fuits at common law, where the value in controverfy (hall exceed twenty dollars, the right of trial by jury (hall be preferved, and no fat tried by a jury fhall be otherwile re-examined in any court of the United States, than according to the rules of common law. ARTICLE VIII. Exceflive bail fhall not be required, nor 8o CONSTITUTION OF exceffive fines impofed, nor cruel and unufual punifhments inflicted. ARTICLE IX. The enume ration in the Conftitution, of certain rights, fhall not be con- ftrued to deny or difparage others retained by the people. ARTICLE X. The powers not delegated to the United States by the Conftitution, nor prohibited by it to the States, are referved to the ftates res- petively, or to the people. ARTICLE XI. The judicial power of the United States (hall not be conftrued to extend to any fuit in law or equity. THE UNITED STATES. 8 1 commenced or profecuted againft one of the United ftates by citizens of another ftate, or by citizens or fubjets of any foreign ftate. ARTICLE XII. The electors fhall meet in their refpetive ftates, and vote by ballot for prefident and vice-prefident, one of whom, at leaft, fhall not be an inhabitant of the fame ftate with themfelves; they (hall name in their ballots the perfon voted for as prefi dent, and in diftint ballots the perfon voted for as vice- prefident, and they fhall make diftint lifts of all perfons voted 82 CONSTITUTION OF for as president, and of all perfons voted for as vice-prefi- dent, and of the number of votes for each, which lifts they fhall fign and certify, and trans mit fealed to the feat of the government of the United States, directed to the prefident of the Senate ; the prefident of the Senate fhall, in the prefence of the Senate and House of Reprefentatives, open all the certificates, and the votes fhall then be counted $ the perfon having the greateft number of votes for prefident, fhall be the prefident, if fuch number be a majority of the THE UNITED STATES. 83 whole number of electors ap pointed; and if no perfon have fuch majority, then from the perfons having the higheft numbers not exceeding three on the lift of thofe voted for as prefident, the Houfe of Reprefentatives (hall choofe immediately, by ballot, the prefident. But in chooling the prefident, the votes fhall be taken by States, the reprefen- tation from each ftate having one vote; a quorum for this purpofe fhall confift of a mem ber or members from two- thirds of the ftates, and a majority of all the ftates fhall 84 CONSTITUTION OF be neceflary to a choice. And if the Houfe of Reprefenta- tives fhall not choofe a prefident whenever the right of choice fhall devolve upon them, be fore the fourth day of March next following, then the vice- prefident fhall at as prefident, as in the cafe of the death or other conftitutional difability of the prefident. The perfon having the greateft number of votes as vice-prefident, fhall be the vice-prefident, if luch number be a majority of the whole number of electors ap pointed, and if no perfon have a majority, then from the two THE UNITED STATES. 85 higheft numbers on the lift, the Senate (hall choofe the vice- prefident; a quorum for the purpofe (hall confift of two- thirds of the whole number of fenators, and a majority of the whole number fhall be neceflary to a choice. But no perfon conftitutionally ineligible to the office of prefident fhall be eligible to that of vice-prefident of the United States. 14 DAY USE RETURN TO DESK FROM WHICH BORROWED LOAN DEPT. This book is due on the last date stamped below, or on the date to which renewed. Renewed books are subject to immediate recall. OCT25860 -" \t ~*- K&* i ~ 3 1963 REC D LD AUG fi.963 N01/23 63-KPM LD 21A-60?7i-4, 64 (E4555slO)476B General Library University of California Berkeley y,C, BERKELEY LIBRARIES THE UNIVERSITY OF CALIFORNIA LIBRARY