A A rr\ <= 30 8 ==^ DO 1 4 4 NALLIl 3RAR YFAC 8 ILITY 1 THE LIBRARY OF THE UNIVERSITY OF CALIFORNIA LOS ANGELES liNiVcRSITY OF CALIFORNIA, LIBRARY. sLOS ANGELES, CAUF, A SHORT CONSTITUTIONAL HISTORY OF THE UNITED STATES " The people, then, erected this government. They gave it a consti- tution, and in that constitution they have enumerated the powers which they bestow on it. They have made it a limited government. They have defined its authority. They have restrained it to the exercise of such powers as are granted, and all others, they declare, are reserved to the states, or the people. But they have not stopped here. If they had they would have accomplished but half their work. No definition can be so clear as to avoid the possibility of doubt ; no limitation so precise as to exclude all uncertainty. Who, then, shall construe this grant of the people .' Who shall interpret their will, where it may be supposed they have left it doubtful ? With whom do they repose this ultimate right of deciding the powers of the government ? They have settled all this in the fullest manner. They have left it with the government itself, in its appropriate branches. The very chief end, the main design, for which the whole constitution was framed and adopted, was to establish a government that should not be obliged to act through state agency, or depend on state opinion or state discretion." Webster, Reply to Hayne, January 26, 1830. UNIVERSITY EDITION A SHORT CONSTITUTIONAL HISTORY OF THE UNITED STATES BY FRANCIS NEWTON THORPE, Ph.D., LL.D. Author of " A (State) Constitutional History of the American People, 1776-1850," " The Constitutional History of the United States, I7bs-i8g3" " The Government of the People of the United States," etc., etc., etc. " Those commonwealths have been ever the most durable and perpetual which have often reformed and recomposed themselves according to their first institution and ordinance." John Pym. BOSTON LITTLE, BROWN, AND COMPANY 192 1 ^> o n p Copyright, 1904, By Little, Brown, and Company. All rights reserved :^ (A to PREFACE The present volume narrates the constitutional his- tory both of the Union and of the states, showing the common basis of American local and general gov- *» ernment. In a book of small compass, adapted to V those who desire the essentials of our civil develop-^ VJ ^ment, it has seemed sufficient if there were related, (i) the origin of our civil system; (2) the principles on which it is founded; (3) the adaptation of the plan of government to public needs, by amendment and **'. construction ; and, (4) the interpretation of the prin- ciples of the government by the supreme tribunal, — the courts. Constitutional histories of America usually throw little light on the civil development of the states. Writers have centered their attention upon the Federal Govern- ment, the trend of thought running easily in this direc- tion since 1865. Yet it is in the state constitutions that one may read the record of constant attempts to adapt the written form of government in America to the im- mediate needs of the people, and this effort at adapta- tion begins with the beginning of the commonwealths and is a characteristic of American civil life. For this reason the development of the state constitu- tions has received its proportional share of attention in this volume. The chapters on "The Commonwealths" vi PREFACE record the formulation of American principles of govern- ment for local purposes, — which means, in plain speech, that they record the application, or attempted application, of constitutional government to the individual needs of large and important groups of the American people. In these chapters on " The Commonwealths," as well as in the remaining chapters of the volume, the rela- tivity of state and national development is constantly kept before the mind. In America there is a constitu- tional system which is formulated, nationally, in the Con- stitution of the United States, and locally, in the organic laws of the states. It is one civil organism expressing itself in dual form. The principle at the root of this idea is fundamental to the American system, and its clear apprehension is the first essential to the rational interpretation of civil life in America, The volume rests at every point on the original sources and primary authorities. Every portion of the Union has thus contributed to the narrative. The scope and character of the material thus consulted are evident from the foot-notes, which might have been multiplied many times, had the size of the book per- mitted. The Constitution, with citation of interpretative cases, is taken from the Manual of the Senate of the United States. Errors, probably of transcription, have been corrected, and omissions, chiefly of data on the ratification of the Amendments, have been supplied. In addition to a general index to the volume, there is a special index to the Constitution. CONTENTS CHAPTER ^^^^ I. Union . . , j • • x ^• Relative order of civil organization and administration . i Essential character of the American Revolution; a civil adjustment * Government: " the public business" ..... 2 Priority of American written constitutions ... 2 Dynastic v. popular basis of government .... 2 Dual form of government in America: (i) National; (2) State; or, (i) general; (2) local j ' '^ The value of the American constitutions as records . 3 The State Constitutions as exponents of civil principles . 3 Constitutions and laws indicate tendencies in govern- ment 4 The actual state changes .....•• 4 Constitutions and laws enacted to secure civil permanency 4 The Thirteen Colonies (1776) severally independent . 4 Attempts at colonial union (1643) 4 Diverse character of the plans: (i) English; (2) American 5 Question of the taxing power 5 The Albany Plan (1754), its basis . . . • • S Opposition of American to the military type of government The Stamp Act (1765) • • • ,/ , '^ •. • .' a The First American Congress, New York, October, 176S Its Declaration of Rights ° Colonies represented (note) . . ' c' i. 't> ' Revolutionary character of the doctrine of the Uec- laration of 1765 . . '.','•' ' 1 The taxing power as an exercise of right the issue . • 7 Repeal of the Stamp Act with reservation of nght to tax America • j' ' 7 The issue of American independence raised . ■• 7 The second American Congress, Philadelphia, September, ^ 1774 • ■ ■ „ 8 Colonies represented „ Delegates, number, how chosen . . • • • The first and second Congresses compared . . • | Question of instructions to delegates . • • • vii viii -CONTENTS CHAPTER PAGE Galloway's plan of union 8 Doctrine of " natural rights " 8 Both economic and political rights recognized _ . . 8 American rights declared " natural and constitutional " 9 Report on trade and manufactures .... 9 "The Association of 1774 " 9 Fundamental importance 9 A decisive economic event 9 Lincoln's estimate of it 9 John Adams' estimate of it 9 This Congress a " reform convention " . . . . 9 Reforms, not independence asked 9 The third American Congress, May 10, 1775, Philadel- phia 10 Lord North's policy 10 The discretion of Parliament 10 The issue: monarchy t'. democracy .... 10 The several Colonies organize State governments (see note) 10 Departments of War, Navy, State, and the Post- Office 10 The Congress represents united America ... 10 Limited power of this Congress 10 Public opinion the sanction to its acts . . . . 11 Significance of issues of credit money (bills of credit) 11 Reassembles after six weeks' adjournment, with as- surance of public approval 1 1 The continental (national) situation . . . .11 Thomas Paine's pamphlet, " Common Sense " . .11 Virginia instructs for American independence . .11 Richard Henry Lee's motion n The Committee on Independence, its report . .12 The Committee on Articles of Confederation and its report 12 Real character of Dickinson's plan . . . .12 Its progress through Congress 13 Its progress through the States (Legislatures) . 13, 14 Question of slavery, basis of representation, western lands 13, 14 The Articles become the first Constitution of the United States (March i, 1781) 14 Hamilton's criticism of the Articles The Articles tested by experience . The question of sovereignty Amendment of the Articles (a more perfect imion) demanded Attitude of Congress . Attitude of the States Appeals of individuals for reform Condition of trade and commerce 14, IS 15, 16 . 16 16 16 16 16 16 CONTENTS ix CHAPTER PAGE Maryland and Virginia and control of commerce on the Potomac i6 i6 i6 17 17 17 17 The Annapolis Convention (1786) . Its appeal, and results A Federal Convention determined on Congress assents .... The significance of " Shays's rebellion " Constitutional reforms a " grinding necessity " II. Formulation of the Supreme Law Delegates to the Federal Convention chosen (1787) . 18 Character of the Convention 18 The " Virginia plan " submitted 18 Outline of this plan 18, 19 A " national government " proposed ... 19 The " national " party; the " State " party . . 19 Legislative, Executive, Judicial powers ... 19 Details of the Virginia plan General Pinckney's draft (note) Debate of the Virginia plan Decision as to election of the Executive, June 4 Differences in the Convention: National interests. State interests. Commer- cial interests, agricultural interests, small States, large States 21 Slavery 22 Compromises: (i) on representation, (2) on slaverj-, (3) on taxation (trade, commerce) . .22 The demand of the small States (in popula- tion) made by New Jersey ... 22, 23 Proportional representation v. equal representation 22 The large States (in population) demand proportional representation and carry the question 22, 23 Attitude of Paterson, Wilson, Madison 22, 23 The " New Jersey plan " submitted . 23, 24 Provisions of this plan 24 Attitude of Hamilton 24 Hamilton's plan (sketch) .... 24 The Virginia and New Jersey plans com- pared and discussed 25 The Connecticut compromise (Sherman) . 25, 26 Details of Sherman's plan .... 26 The vote a tie: A Grand Committee of Eleven elected to consider the plans . 26 Dr. Franklin secures harmony . . . 26, 27 The compromise on representation adopted (equal representation and proportional representation) 27 CONTENTS CHAPTER PAGE The question of apportionment of representa- tion involves slavery, and taxation . 27 The North Carolina compromise (Williamson) 27 Question of a census . . . . ■ -27 The Pennsylvania compromise (Morris) . 28 The two compromises united ... 28, 29 The amended Virginia plan given over to a Grand Committee (July 26) to report a Con- stitution 29 Report of this Committee (August 6) . . 29 The Executive, the Legislative, the Ju- diciary 29 Question of an export tax; of the slave trade; of a tariff 29, 30 Attitude of the South, of the North _ . -3° Morris succeeds in referring all disputed questions to a Special Committee . . 30 The slavery compromise agreed to . . . 30 The amended draft given over to a Commit- tee of Eleven which reported September 8 . 30 The Committee on Arrangement and Style reports a Constitution, September 12 . . 30 Franklin's conciliatory speech . . . -31 The Constitution signed 31 The Constitution as reported: Composite, and a compromise . .31 Arranged by Gouverneur Morris . .32 Its origins (chiefly American) . .32 Preamble, threefold division of {wwers, senate, house, journal, powers of two houses, habeas cor- pus, ex post facto laws, veto power, president, vice-president, judici- ary, treason, public records, new states, public debt . . 32, 33. 34 A plan of government not a code . . 34 III. First Principles Washington's estimate of the Federalist • • • 35 Its authors 3S, 36 Anti-Federalist pamphlets (note) 35 Purpose of the authors of the Federalist ... 36 Plan of the essays, authorship 36 Union or dismemberment 37 Purpose of Jay's papers 37 Purpose of Hamilton's essays 37) 38 Civil dissensions cited by Hamilton, 1786-7 . 38 Hostile, independent, sovereign States v. Union . . 38 Objection as to a standing army answered . ^^ Montesquieu's objection to a confederated republic answered 39 CONTENTS xi CHAPTER PAGE Emphasis of " the form of the state "... 39, 40 Division of functions, separation into three parts . 40 The proposed " civil form " of the government ex- tolled 41 Saving the people from themselves (Webster) . 41, 42 The makers of the Constitution had not great faith in the wisdom of the people 42 Lincoln, Wilson, Hamilton, Madison cited ... 42 A national government and industrial prosperity . 42 Experience of the States imder the Confederation as sources of revenue (ta.xing power) .... 43 National taxation for national ends .... 43 Distinction between a Confederation and a National Government 43 Tendency of a confederation towards military despot- ism 43 Coercion of laws v. coercion of arms . . . 43, 44 Objection that the Union would absorb the States an- swered 44 The people the source of power (Hamilton) ... 44 Idea of a standing army, 1787 and at present . 44, 45 On restriction of powers of the Legislature ... 45 The National Government will attract the ablest men 46 Objection as to abuse of the taxing power by Congress answered (Hamilton) 46 Maxim: Relation of necessities of a Nation to its taxing power (resources) 47 The means, in government, must be adequate to the ends proposed 47 Objection as to federal usurpation of powers answered 48 Principle as to prevention of excessive taxation . . 48 A tariff for revenue 48 Energy in government; " checks and balances " -49 Madison on the " mechanical arrangement " of the proposed government 49 Is the government national or federal? (Madison) 49, 50 (1) Foundation; (2) Powers; (3) Sources; (4) Operation; (5) Extent of powers; (6) Procedure; (7) Mode of amendment .... 49, 50 IV. First Principles {Continued) The question of political expediency . . . • S^ Coercion of a State 5^ Preventives of secession 51 Maxim of ratio of power to its duration _ . . .52 Lincoln's interpretation of the principle . 52 Objections to basis of representation and size of the two Houses answered S^ Principle on which the size of the House of Represent- atives is determined 52, S3 Objection that the House would make discriminations 53 xii CONTENTS CHAPTER PAGE Hamilton's estimate of the taxing power in the House 53 1 8th century idea of location of the taxing power . 53 Exclusive taxing power and control of elections . 53, 54 (See note, p. 53.) Principle: the National Government and its preserva- tion 54 Theory of " residuary sovereignty " . . . -55 Function of the Senate 55)5^ The term of the Legislature 56 Stability sought through a Senate .... 56 The objects of government immediate or remote . 57 Question of a fixed public policy . . _ . . -57 Jay's defense of the Senate as a treaty-making power 57, 58 Objections to President and Senate as treaty-making power answered (Jay) 5^ Hamilton's defense of the Senate as a Court of Im- peachment 59 Discussion of mode of electing the President . S9i 60 Hamilton, Lee, Wilson cited . . . . 59, 60 Objections to the powers of Congress . .60, 61 Hamilton relies on " the administration of the gov- ernment," as the supreme test 61 No discussion of political parties 61 The principle of the Judiciary (Hamilton) . _ . .62 Three classic works on American Institutions, — " The Federalist," " Democracy in America," and " The American Commonwealth " (note) ... 62 Further discussion of the Judiciary . . . 63, 64, 65 (Organization, powers, jurisdiction, encroach- ment on legislative authority, inferior courts, suability of a State, jury trials) 63-66 Objection that the Constitution had no Bill of Rights (Hamilton, Wilson, attitude of the States) . 66, 67 Bills of Rights in the States 67 Main doctrine of the Federalist: " The utility of the Union; its conformity to republican principles " . 67, 68 Analogy of the Federal Constitution to the State Constitutions 68 V. The Commonwealths Transition from Colony to State, 1 776-1 780 ... 69 Vermont, Kentucky, Tennessee 69 The framers of these early constitutions . . 69, 70 Political theory of the state: i8th century, — com- pact, individualism, natural rights, Bills of Rights . 70 Popular estimate of Bills of Rights . . . • 7°, 7i Magna Charta, the Petition of Right, the English Bill of Rights, the American Constitutions . . 71 The State constitutions limit power .... 71 Made by conventions and (the early ones) promul- gated 71 CONTENTS xiii CHAPTER PAGE Soon amended, reasons for 71,72 72 72 72 72 '2, 73 73 73 73, 74 74 74 74 4, 75 75 75 75 76 Temporary provisions These constitutions silent as to sovereignty . Popular belief in State sovereignty, i8th century Popular concept of the Federal Government Change to concept of National sovereignty . Case of Mississippi, 1890 Theory of " separation of powers "... Theory of supremacy of the Legislature The British prototype (tripartite division, taxing power, power of im peachment) White persons the basis of representation Free men of color and women as voters . Qualifications for office .... Protest against religious and property qualifications lead to their abolition " A government of laws rather than of men " (Massa chusetts constitution, 1780) Distrust of the Executive Property qualification, social position, religious qualification, principal function of governors 76, 77 Contrast between conception of the Executive in the i8th century and at present 77 Organization of the Judiciary 77, 78 Common law forms and innovations in legal practice 78 The Maryland constitution (1776) . . . . 78 Change from appointive to elective system (judiciary) 78, 79 Distinguished American lawyers of the period . . 79 The Massachusetts type, the Virginia type of con- stitution 79 The New York type (cosmopolitan) .... 79 The New Jersey constitution 79 The first constitutions short and simple docimients . 80 Characteristics of the first constitutions ... 80 Individualism a ruling idea 80, 81 Hamilton's maxim (test) of a strong government . 81 VI. Ratification and .Amendment General conditions, 1787 82 Attitude of the State party to ratification . . 82, 83 Treatment of the Constitution by Congress . 82, 83 The Constitution in Pennsylvania .... 83, 84 In Delaware, New Jersey, Georgia, Connecticut . . 84 In Massachusetts 84, 85 In Maryland, South Carolina 85, 86 In New Hampshire 86, 87 In Virginia 87, 88 In New York 88, 89 In North Carolina 89, 90 Inauguration of the new government ... 89. 90 xiv CONTENTS CHAPTER PAGE Narrow margin for the Constitution .... 90 The general demand for amendment . . . 90, 91 (Opinions of Hamilton, Wilson, Jefferson) . . 91 Congress takes up proposed amendments . . . 92 The first ten amendments . . . . 92, 93, 94 General discussion of them .... 94, 95, 96 Formulation of proposed amendments . . 96, 97, 98 Ratification of the amendments .... 99, 100 Vermont 100 The judiciary article 100, 101 Suability of a State 101, 102 Suability of a State as determined by the State Con- stitution (note) 103 The Eleventh Amendment .... 103, 104, 105 Origin of the Eleventh Amendment, and State sover- eignty 105, 106 The Origin and adoption of the Twelfth Amend- ment 106, 107, 108 The disputed election of iSoo .... 109, no Discussion of the Twelfth Amendment . . in, 112, 113 Action of Congress on the Amendment . 114, uSi i^^ General character of the first twelve amend- ments 117. 118, 119 Contrast, 1789 and the present 120 VII. Contest Question of the constitutionality of a bank, 1791 121, 122, 123 (Opinions of Hamilton, Jefferson, Washington) 121, 122, 123 The Jay Treaty as an issue, 1794 . . . .124,125 Question of appropriation 125 The alien and sedition laws, 1798 . . . . 126, 127 Party interpretation 126, 128 The Kentucky and Virginia Resolutions, 1798, 128, 129, 130 Principle of the Resolutions 129 " Doctrine of '98 " 130 Acquisition of the Louisiana country, 1803 . . 130, 131 The treaty examined i3i> 132 Constitutional questions raised .... 132, 133 Attitude of the Federalists i33> ^34 Attitude of the Republicans ^35 Decision of Chief- Justice Marshall, 1828 . • -135 Nullification and Secession in New England, 1807, 1812 . •. ^3S, 136 Power of the President to summon the militia to Federal service ^37 General effect of the War of 181 2 .... 137,138 Constitutionality of internal improvements (1817) 138, 139 Attitude of parties ^39 Question of sovereignty involved ^39 CON'i'ENTS XV CHAPTEE 141 Growth of the Missouri Compromise . . .139 Question of extension of slavery and its protection . Petition of Missouri for admission Attitude of the restrictionists The treaty of 1803 as an element Slavery and the public lands . Can Congress restrict slavery? Vote in Congress . . . Maine and Missouri in one bill The Thomas amendment The Taylor restrictions . The Houses in conference . . _ Missouri meets in Constitutional Convention Exclusion of free negroes agreed on (Benton provision) ... Can Congress impose conditions upon a Territory? Status of free negroes ^45, 146 (New York, Missouri, Tennessee, North Carolina, New Hampshire, Vermont, Pennsylvania, Massachusetts) . . .146 The Clay Compromise 146, i47 General Pinckney's evidence as to free ne- PAGE 140 • 139 140 140 140 • 141 142, 143 141, 142 ■ 145 • 143 • 144 • 144 • 144 • 144 144 14s groes ^47 Shall the electoral vote of Missouri be counted? 148 148 149 149 149, 150 150, 151 The Compromise carried . - Constitutionality of the Compromise (1857) Principles involved in the Missouri question Discussion of the Compromise Vni. Compromise Origin of the Monroe Doctrine . . ■ 152, 1 53, 1 54 Its growth , •. • ^54, i5S Relative place of the United States in America . 15S, 150 The principles of the Monroe Doctrine . . i55, 15° (See note, p. 156) The tariff of 1824: construction of governmental powers The Pan-American Congress . The tariff of 1828 revives issues Nullification in South Carolina Protest of the South . The Webster-Hayne debate . Examination of the discussion Character of Webster's argument Attitude of Calhoun . . ■ The South Carolina Convention, 1832 President Jackson's attitude . Compromise tariff of 1833 Constitutionality of nullificarion . _ Jackson's interpretarion of the Constitution Removal of the deposits . • ■ ■ 156, 157 • 157 . 158 158, 159 • 159 159, 160, 161 161, 162, 163 164, 165 165, 166 . 167 167, 168 . 168 . 168 . 169 169, 170 xvi CONTENTS CHAPTER PAGE The bank controversy 170 Internal improvements, distribution of the surplus . 171 Jackson's theory of " sovereignty " . . . .172 Van Buren's ideas of the Constitution . . .172 American Anti-Slavery Society organized, 1833 . 172 Question of the right of petition 173 Adoption of the cloture by the House . . . .173 Tyler's idea of the Constitution 173 The Texan question, 1844 . . . . . . 174 Attitude of parties and of the States . . .175 The Oregon question, 1845 . . . . 176, 177, 178 Attitude of the States 176 The Missouri Compromise (as to slavery) ex- tended to the Pacific The California country Question of slavery 178, Discovery of gold and rush to the coast The Monterey Convention Shall California be free soil? . . .179, Attitude of the South to immigration .... Attitude of the North 180, Comparison, North with South, 1849 . . . 181, New Kentucky Constitution 181, The proposed Wilmot proviso .... 182, The Compromise of 1850: Clay's eight resolutions Calhoun on the resolutions Webster on the resolutions (7th March) . 185, Seward on the resolutions .... 186, (" Higher law " doctrine) Sectional differences brought to light by the debate 187, 188, IX. Slavery Extension The Kansas-Nebraska country, 1850 .... Bill to organize Nebraska Territory, 1853 . Proposed repeal of the Missouri Compromise " Squatter sovereignty " The Kansas-Nebraska bill, 1854 Attitude of the Independent Democrats Principles involved 192, Immigration to Kansas Conflict and civil war in Kansas .... Constitutions: Topeka, Lecompton . . 193, Attitude of President Buchanan .... The Dred Scott case 194, 195, Dissenting opinion (Curtis) Lincoln and Douglas on Dred Scott . 196, Nomination of Lincoln and Hamlin, i860 Of Douglas, Breckenridge, Lane .... The election, i860 197, 90 90 91 91 92 92 93 93 93 94 94 96 96 97 97 97 98 CONTENTS xvii CHAPTER PAGE Growth of secession doctrines . . . . 108100 South CaroHna's " Declaration of the Causes of Seces"- ' sion " "Address to the People 'of 'South Caro- ^^^ Una . jQ 200, 201 bpread of secession, i860, 1861 . . 201 202 Organization of " The Confederate States of Amer- ' ica " . The C. S. A. Constitution . . ' 202' 20^ Exposition (" Corner-stone " address) . ' '20'^ President Buchanan and Secession . 204 ^05 The Peace Conference and Crittenden Resolutions 205' 206 Congress submits a pro-slavery amendment to the Constitution, 1861 206, 207 208 Attitude of the States .208 President Lincoln discusses secession in his inaugural, „ ^^^^ . • , 208, 200 Confascation of property (slaves) by the national Government 200 General Fremont declares slaves free The Government repudiates this action Question of treatment of fugitive slaves Lincoln proposes compensatory emancipation Congress declares fugitive slaves free . Abolishes slavery in the District of Columbia, 1861 Agrees with England to suppress the African slave trade 210 211 Authorizes negro regiments '210 Congress and compensatory abolition . . .211 Lincoln's objection to the confiscation bill . . 211 Army and navy to use negro laborers . . . .212 The Emancipation Proclamation, preliminary and final ^^863 _ . ; 212 Urganization of West Virginia; admission . . 212, 213 Lincoln again urges compensatory emancipation, _.^S63 213, 214 Lincoln s policy of reconstruction 214 Reception by the nation of the Emancipation Proc- lamation 214 Emancipation in Missouri . . . .214,215,216 AflFairs in Missouri ' . ' 217 Progress of abolition in Arkansas 218 In Virginia 219 In Louisiana 219 220 In Maryland 220 221 Nevada organized and admitted, 1864 . . . . ' 221 Abolition in Tennessee 222 On the way to national abolition . . . 222, 223, 224 X. The Commonwealths Increase of States and national domain, 1800-1S60 225 209 209 210 210 210 210 XVlll CONTENTS CHAPTER PAGE Movements of population The line 36° 30 .... The three zones of population The new State constitutions: i8th century Bills of Rights . Anti-slavery provisions (North) Right of property in man (South) Prevalence of the bicameral system Equal taxing power of the Houses Limitations of legislative power Provisions as to banks (1837) . Land grants for schools . Support of schools made obligatory Revolt against " special legislation " The problem of apportionment of tion 227, 22 Single district system (Michigan) . . . 227, 228 Census, rural and urban interests .... 228 Disappearance of religious and property qualifi- cations Requirement of United States citizenship Growing recognition of national sovereignty Liberal character of the Wisconsin constitution (1848) 228 Lotteries 229 229 229 228 228 228 XL Missouri (1820), clause as to free negroes Illinois (1848), similar clause Changed attitude toward the negro (1800- 1860) 229 Failing confidence in " checks and balances " Multiplication of statutes and abuse of legislation Restriction of Legislatures Increasing power of the Executive Eminent governors Founding of charitable institutions Change from appointive to elective Judiciary Simplification of legal procedure The East more conservative than the West Extended jurisdiction of inferior courts , Monetary limit of jurisdiction Salaries of judges Decay of regard for the Judiciary New administrative features . Limitation of public debts Evidence of new industrial life Sovereignty, federal relations . Interpretation of Principles Adams appoints Marshall Chief- Justice . . . 236 Estimate of Marshall 236 Character of Marshall 236, 237 230 230 230 • 230 230, 231 ■ 231 231 • 232 . 232 • 232 • 233 • 233 • 233 • 233 233> 234 • 234 • 234 234, 235 CONTENTS XIX CHAPTER XII. His decisions, general character of . . .237 Growing supremacy of the principles laid down in " The Federalist " 237 The Supreme Court under Chief-Justice Taney . 237, 238 The Supreme Court prior to 1801 238 Marbury v. Madison, 1803 .... 238, 239 U. S. V. Fisher, 1804 239 Cohens v. Virginia, 182 1 239 McCullough V. Maryland, 1819 .... 240 Am. Ins. Co. v. Canter, 1828 240 Osborn v. The Bank, 1824 240 Weston V. Charleston, 1829 240 Gibbons v. Ogden, 1824 240 Brown v. Maryland, 1827 240 ^yilson V. Blackbird Creek Marsh Co., 1829 . 240 Principles involved and settled by these decisions 237-240 Martin v. Hunter's Lessee, 1816 .... 241 Martin v. Mott, 1827 241 U. S. V. Judge Peters, 1809 241 Fletcher v. Peck, 1810 241 Sturges V. Crowninshield, 1819 .... 241 Dartmouth College Case, 1819 . . . .241 New Jersey v. Wilson, 1812 242 Providence Bank v. Billings, 1830 .... 242 Barron I). The Mayor, etc. of Baltimore, 1833 . 242 Principles involved and settled by these decisions 241-243 Changes in the Court (1830) 243 Chief-Justice Taney appointed, 1835 .... 244 Mr. Justice Story 244 The Rhode Island-Massachusetts boundary case . 244 Case of Groves v. Slaughter (1841) . . . 244, 245 Case of Prigg v. Pennsylvania (1842) .... 245 Dissenting opinion of Mr. Justice McLean . . .245 The Liberty Party utilizes this opinion . . . 245 Analogy to the Democratic-Republican Party, 1796 . 245 Case of Genessee Chief v. Fitzhugh, 1851 . . . 246 Case of Dred Scott v. Sandford, 1857 . . . . 246 Suspension of habeas corpus by President Lincoln . 247 Ex parte Merryman (1861) 247 Ex parte Milligan (1867) 247, 248 Comment on decisions by Marshall and Taney . 248, 249 Amendment The Thirteenth Amendment : Proposed by Ashley in the House, by Henderson in the Senate, 1863 250 Attitude of parties 250 Prospect of ratification 250 Sumner's phraseology 250 Debate and adoption in the Senate . . .251 Defeat in the House 251 XX CONTENTS CHAPTER PAGE Approved by Baltimore Convention . . .251 Lincoln favors the amendment . . . .251 Revived in the House 251 Opposition and objections 251 Lincoln urges adoption, annual message, 1864 . 252 The amendment passes, January 31, 1865 . . 252 Ratification 252 Death of Lincoln 252 Reconstruction: Johnson's policy 252, 253 Proclamation of amnesty 253 The Southern States assemble in Convention: Mississippi 253, 254 Alabama, South Carolina, North Carolina, Georgia, Florida, Texas . . . 254, 255 Afifairs in these States . . . . 254, 255 Question of domestic police .... 255 Question of Federal relations . . 254, 255, 256 Ratification of 13th Amendment by South- ern States 257 Problems in reconstruction (1865-6): The negro race 253-257 Federal troops 253-257 Federal relations .... 253-257 The question of negro suffrage (1865-6): The negro population, 1865 .... 257 The government the white man's North and South 257 General attitude toward the negro . 257, 258 Probable effect at the South .... 258 The counter-revolution at the South . . 258 The Civil Rights bill proposed, 1866 . . 258, 259 Vetoed by President Johnson, his reasons . 259 Passed over the veto 259 Tennessee " restored to federal relations " . . . 259 Congress confers suffrage on negroes in the District of Columbia, 1867 259 The veto and reasons 259 Congress confers the suffrage on negroes in the Ter- ritories, 1867 _ . 259 The case of Nebraska, its constitution amended in compliance with condition of Congress, 1867 . 260 The Fourteenth Amendment: Proposed by Congress, 1867 260 Its elements 260, 261 Objections and opposition 261 Debate in the Senate 262 Debate in the House 263, 264 Minority view 264 Ratification doubtful 265 CONTENTS xxi CHAPTER PAGE Attitude of the States (hostile) . . .265 Progress of ratification (North) .... 265 Progress of ratification (South) .... 266 Report of the North Carolina Legislature 266 Report of the Kentucky Legislature . .266 The amendment rejected 266 Congress investigates the condition of the negro at the South, report 266 Peonage abolished by Congress, 1867 . . . 267 The South divided into five military districts . 267 Veto of the bill by the President . . . .267 Bill as to Southern Constitutions .... 267 Veto 267 The issue of negro suffrage: Maryland, 1867 267 New York, 1867-8 267, 268 Michigan, 1867 267 The South, under act of 1867, frames new con- stitutions, conferring negro suffrage: Alabama, 1867 268 South Carolina 269 Florida 269 Texas -^ 269 Ratification of the Amendment by Nebraska, Iowa, Arkansas, Florida, North Carolina, South Carolina, Louisiana, Alabama . . . 270 Admission of Arkansas, Florida, North Carolina, South Carolina, Louisiana, Alabama by in- dividual bills 270 The struggle over negro suffrage at the South 268-270 Ohio, Oregon, New Jersey withdraw ratifica- tion 270 The Amendment declared adopted, July 28, 1868 270 Virginia, Mississippi, Texas reject the amend- ment and denied representation in Con- gress 271 Immediate effect of the amendment at the South . . _. 271 The principle of the amendment an issue in the presi- dential election of 1868 271 Grant and Colfax elected 271 The Fifteenth Amendment: Proposed, 1867 272 Purpose ^72 Debate and negative result 272 Revival of the amendment .... 272, 273 Debate in the House, objections . . . .273 A conference asked 273 Report of the Boutwell Committee . . -273 xxii CONTENTS CHAPTER PAGE Republican estimate of the amendment . . 274 Doubtful fate of the amendment before the States 274 Readmission of Virginia, Mississippi and Texas conditioned on their ratification of the amend- ment 274 Afifairs in these States 274 Their ratification of the amendment . . . 275 Ratification at the North 275 Rejection by some States . . . .275 Purpose, character, estimate of the amendment 275, 276 The 13th, 14th and 15th Amendments: Adaptations to needs of the Nation . . 276, 277 Conduced to efficiency of the Constitution of the United States 277 The English and the American constitutional systems compared 277 Sources of provisions in American constitutions 277, 278 Administrative features of these constitutions . 278 Difficulty in amending the constitution of the United States 279 Ease of amending the State constitutions . -279, 280 The State constitutions register the evolution of gov- ernment in America 280 Industrial rights and conditions largely determine constitutional changes 281 Important changes (acts, constitutional amendments) 1860-1870: i86i Congress confiscates rebel property; and de- clares forfeit the ownership of slaves em- ployed against the United States . . 281 Fremont attempts to emancipate slaves . 281 1862 Lincoln urges compensatory emancipation 282 Great Britain and theUnitedStates intreaty to suppress the slave trade . . .282 Hunter attempts to emancipate slaves . 282 Congress abolishes slavery in District of Columbia; negroes allowed to give evi- dence in court 282 Congress emancipates slaves escaping from masters in insurrection; negro troops authorized 282 Preliminary Emancipation Proclamation . 282 1863 Emancipation Proclamation . . 282 West Virginia admitted 282 Arkansas, Virginia, Louisiana, Maryland abolish slavery 282 Doctrine of paramount authority of the United States (national sovereignty) 282, 283 Baltimore Convention demands abolition of slavery 283 CONTENTS XXlll CHAPTER xni. PAGE 1864 Nevada admitted 283 Missouri, Tennessee abolish slavery . . 283 1865 The Thirteenth Amendment adopted 283 " Restoration " Conventions at the South . 283 Slavery abolished by new constitutions at the South 283 Extension of the right to vote to negroes suggested by President Johnson to Mis- sissippi ^q4 1866 Congress passes the Civil Rights act . . 2S4 Congress submits the Fourteenth Amend- ment T.. • ""* The right to vote extended m the Dis- trict of Columbia and the Territories, irrespective of race, color, or previous condition of servitude . • • ■ 1867 Nebraska complies with condition and is admitted Congress abolishes peonage . • ■ • 1868 Ratification of the Fourteenth Amend- ment „ • • 28s, Public opinion as to negro suffrage, see note 1870 The Fifteenth Amendment adopted . 286, 287 Public opinion as to the negro, 1865-1870 2S7 Reports to Congress as to treatment of the negro at the South . . ■ ^^7, The reconstruction constitutions • - ^ ^ . Criticism of Congress for extending the suffrage to the negro Discussion of the question Defects in the work of the Congress ■ _ • Further criticism of Congressional reconstruction The Commonwealths Character of the Civil War . • New States, new constitutions, 1870-1900 The Southern, 1865 . The Southern, 1867-70 . _ Significance of the word " white Meaning of reconstruction Abolition of slavery . Changes in Bills of Rights Negro suffrage North and South Later Southern constitutions: Mississippi, 1890 South Carolina, 1895 Louisiana, 1898 . Alabama, 1901 . . -^ The " grandfather clause The Republican party and negro suffrage Significance of negro suffrage in Amencan history 292. 284 284 285 286 286 288 288 288 289 289 290 291 291 291 291 291 292 292 292 293 293 294 294 294 294 294 294 xxiv CONTENTS CHAP PAGE Doctrine of national sovereignty 295 The Mississippi constitution of 1890 .... 295 Woman suffrage (Wyoming) 295 In other States 295, 296 Changes in Bills of Rights: Rights of labor . 296 Limitation of powers of Legislatures . . . 296, 297 Local government: Counties, township, cities 298 The pardoning power 298, 299 The Executive: Term, salary, power 299 The Judiciary: New courts, elective, appointive .... 300 Jury system 300 Judges and the party system 300 Break down of " checks and balances " . . . 300 Banking and finance 301 Length of new constitutions 301 Federal relations 301 Tendency since 1865 302 Dates of American constitutions, note . . . 301,302 XIV. Interpretation of Principles Confederacy or Nation 303 The Gettysburg speech (Lincoln) .... 303, 304 Party use of the word " Nation " 304 Legal status of the Confederate States of America . 304 Courts, debts, land titles 304 Domestic relations 305 De facto and de jure government .... 305 The right of secession 305 Federal relations 5'^S', 3°^ Meaning of " State," " Commonwealth," " Na- tion " 306, 307 The " Union " 306 Decision in Texas v. White, 1868 306 State sovereignty _ 306, 307 Concurrent jurisdiction of a State and the United States _ . • • .308 The suffrage and basis of representation . . . 308 Meaning of the Fourteenth Amendment . . 309, 310 Meaning of the Fifteenth Amendment . . . 311, 312 The reconstruction acts, party view of . . . .312 " The United States a Nation, not a League " . . 313 Enlarged jurisdiction of the United States . . -313 The legal tender cases, 1862-1871 . 313, 314, 3i5. 3^6 Dissenting opinion (Field) 3^7 The National Greenback Party, 1884 . . . -317 The income tax cases, 1894 318, 319 The Mormon Church cases, 1889 3^9 CONTENTS XXV CHAPTER PAGE Case of Murphy v. Ramsey 320 Jurisdiction over Porto Rico, Hawaii, the Philippines, 1898 321, 322 Policy of the United States 322, 323 Porto Rico 323, 324 The Foraker Act 324, 325 The status of our outlying possessions . . . 325, 326 XV. Summary: The Forces in the Civil Evolution The American constitutions evidence of civil evolution 327 Parliamentary details of government . . . .328 Struggle between Executive and Legislative . 328, 329 Evolution of the Judiciary 329, 330 Amendments and their significance .... 331 Gradual growth of the Administrative . . .332, 333 Survivals in these constitutions 333 Experience writes these constitutions .... 333 Growth of paternalism 333, 334 The " Administrative " in the national constitution . 334 The theory of the state and its administration . . 334 Question of corporations 335 Frequency of constitutional amendment . . . 335 Effect of movements of population on the organic law _ . . 335 (Illustration from New York Constitution of 1846-7) 335 Precedents and their influence 336 (Illustrations in the West and Northwest) . . 336 Function of political parties in the civil evolution . 337 " The Federalist " silent as to parties .... 337 The work of the majority 33^ The elimination of errors in civil procedure . . . 339 History not scientific 340 Work of Hamilton, of Jefferson .... 340, 341 Their theories of government 342 The problem of negro suffrage 343 The municipal problem 343> 344, 345 Durability of the Federal Constitution .... 345 Society and democracy 34^ APPENDIX. The Constitution, with Citation of Interpretative Cases 347 INDEX To the Constitution 39^ To the History 447 A SHORT CONSTITUTIONAL HISTORY OF THE UNITED STATES CHAPTER I UNION The civil history of a people is a dual theme, compre- hending both the organization and the administration of government. In America, as in other countries in modern times, organization preceded administration ; indeed, it constitutes a distinct phase of the civil evolution through which the people of the country have passed. The popu- lar conception of the revolution of 1776 is of a military movement, culminating in American independence, yet the military character of the revolution is its least dis- tinguishing quality. That revolution was essentially civil and industrial, and the economic basis on which it rested proved, under the test of civil experience, to be a constitutional re-organization of the forces of the state. From a military point of view the revolution was a small affair. Not that the continental army or its officers lacked ability, or that the battles, sieges, and fortunes of the war are without grandeur when viewed in the light of results. But the American revolution was not a great military movement such as we contemplate when we follow the fortunes of France under Napoleon, or England under 2 A CONSTITUTIONAL HISTORY OF Marlborough, or, later, the fortunes of the Union and of the Confederacy in the armies of Grant and Lee. The revo- lution was a great civil adjustment affecting both England and America, and conducing in each country to a clearer understanding of the nature of representative government on a constitutional basis. It is when we examine the revolution as a step in the more perfect organization and administration of government that we approach its true meaning. But the organization and the administration of gov- ernment are not the same. If by " government " we mean " the public business " we may easily simplify the theme we would examine. American statesmen of the eight- eenth century — the men whom posterity fondly calls the Fathers — were occupied with the organization of rep- resentative government. It was the pressing problem of their day, and to its solution they gave an energy and an effectiveness which have enshrined their names in the hearts of all lovers of liberty and justice. Nor did they witness the completion of the great task ; it was taken up by their successors, and continued to be the large problem of the American people until after the civil war. For the evidence of the truth of this declaration we must turn to the history of the American people. The record is open to all men. Americans were the first people to reduce their civil organization to a written form ; the first to express the fundamentals of government in a written constitution amendable as the public judgment and the public conscience might demand. The constitutional history of European peoples centres about some dynasty. The popular will, save perhaps in England, is ever subordinate to the interests of a ruling family. What of privilege or right has been won has been won after long and arduous struggles in which the com- mon people figure as the aggrieved and the aggressor. The constitutional history of European peoples possesses a military quality wholly and happily lacking in America. We record our constitutional development in written laws enacted by the will of the governed. Of administrative law our records are silent because it has never existed among us. We know nothing of edicts or decrees, be- THE UNITED STATES 3 cause government in America rests not upon a military but a civil foundation. The constitutional history of America is therefore a history of popular government and of popular govern- ment in a dual form, — national and state. Our civil development discloses this form in a familiar aspect as general and local, — whose evolution is recorded, in a large way, in the federal constitution and in the consti- tutions of the several states. But these constitutions are alike founded upon principles and essentially upon the same principles. We turn therefore to the history of the states as recorded in their successive constitutions for an adequate interpretation of these principles ; or, we may turn to the federal constitution itself, in its inception, formation, adoption and later amendment, and, in the examination we discover that though our civil system is dual, state and nation rest on common principles. In this volume I purpose to narrate the history of that civil evolution which has made America what it is to-day. This narrative is essentially one of principles and the ap- plication of principles. It relates how the people of the thirteen colonies became the people of the thirteen states, preserving them in their autonomy yet organizing them in a more perfect union. It relates the struggle out of which sprang the first constitutions of government in our country and later that Constitution which now for more than a century has been recognized as the supreme law of the land. It relates the interpretation which the Fathers gave us of the principles on which our institutions are based. Continuing, the narrative relates how these principles were for many years misunderstood and mis- applied, resulting in one of the most terrible civil wars known to history. It relates also the course of that cor- rective process by which the American people have made provision for the authoritative interpretation of the prin- ciples of their government, — by the courts of law, — a process perhaps more refined than any hitherto utilized in human government. Throughout this narrative I have sought to recognize the fundamental importance of the state constitutions as immediate and responsive exponents of the principles of 4 A CONSTITUTIONAL HISTORY OF g-ovemment in America. In the state instruments there may be found that closer adjustment ever going on in the rep'ubhc, — the adaptation of means to ends in government by means of organic law. It is in these state instruments that we see exemplified the tendencies, from time to time, in civil administration. The entire body of American laws illustrates this process ever going on. Thus it follows that both laws and consti- tutions of government are records of attempts to adjust the form and the administration of the state to the prevail- ing spirit of interpretation of civil principles ; and we all know that interpretation, like the state itself, is ever changeable, the civil organization being itself in a state of flux. It is to secure permanency and order that written con- stitutions are made and laws are enacted. The constitu- tional history of any people is the record of their efforts to secure this permanency and this order. In America the attempt has taken unto itself a dignity commensurate with the magnitude of the task. No fewer than one hun- dred and forty written constitutions have been framed, and laws which fill more than four thousand volumes have been enacted for this purpose. Nor is this all. Wars have been waged and thousands of lives have been sacri- ficed that this purpose may be reaHzed. Nor has the nation lacked strength nor territory for its activities. Re- publican institutions have here found an ample field. The story is unique in the annals of men. No other people has run a like course. And there is reason for believing that American institutions are yet in their infancy. The thirteen colonies which revolted against Great Britain were independent each of the other ; but the struggle for independence brought them into a new rela- tion which compelled the formation of a union. Until the outbreak of hostilities in 1775 no active steps toward the formation of such a union had been taken. There had been attempts at union in colonial times but all save one ended in failure. The New England union of 1643 was the first and the last league of the colonies. It was a local union ; and its small extent, its limited jurisdiction, and its brief existence precluded it from having the force of THE UNITED STATES 5 a precedent.^ During the one hundred and thirty years following the formation of this New England league, four- teen different propositions for colonial union emanated from various quarters, — some English, some American,^ — but none of these propositions was more than a scheme on paper. Those of English origin were monarchical in character and based on the theory that the English col- onies in America should be united in a federal government on a military basis. The plans of American origin were more liberal and proposed a federal government on a popular basis, the essential element of which was the colonial assembly. This body was recognized as the representative of the people. In the proposed leagues of American origin the assemblies were to choose delegates to a colonial con- gress, but its powers were not closely defined. The vital characteristic of the American propositions was their latent democracy. The power to levy taxes was acknowl- edged by them to reside in the assemblies. English and American plans were alike in providing for a captain- general, who should be sent out to the colonies by the crown ; whose authority should be supreme in America, though subordinate to that of the crown, and whose com- pensation should be paid by the colonies. The nearest approach to colonial confederation was made at Albany in 1754. The plans there proposed agreed in providing for a military executive, but differed in their provision for the legislature. Of these plans, that sub- mitted by Dr. Franklin is best known. It avoided ex- tremes by proposing a colonial legislature, which should control taxation ; and an executive, appointed by the 1 It consisted of Massachusetts, New Plymouth, Connecticut, and New Haven, and was in force forty years. Its jurisdiction was limited and chiefly for military purposes. It was distinctively an ecclesiastical union. For the text of the articles of union, see Preston, p. 85. For an account of all the unions proposed during colonial times, see the author's "Constitutional History of the United States," vol. i, pp. 166-215. For the relation of New Hampshire to the Union, see A. S. Batchellor's "Government and Laws of New Hampshire before the Establishment of the Province, 1623-1679." Manchester, N. H., 1904. 2 For an account of these plans, see the author's "Constitutional History of the United States, 1765-1895," vol. i, pp. 185-213. 6 A CONSTITUTIONAL HISTORY OF crown, who should be practically independent of the legis- lature. As a scheme for colonial federation it was ad- mirable, but it failed because the trend of affairs, obscure in 1754, was toward the formation of a new nation and an independent government. One of the chief causes of American independence was the attempt of Parliament to establish a military type of government in America. The controversy over the Stamp Act, passed in 1765, and all that that controversy implied, culminated in the call for an American congress, first sent out by Massachusetts on July 25th of that year. The response was immediate and favorable. On the 19th of October of that year delegates from nine colonies met in New York City and organized as a continental congress.^ This meeting, strictly speaking, was a convention. The delegates had no authority to legislate, but only to confer together on the condition of the country. Each colony present was allowed one vote in the proceedings of the congress, and thus early was recognized the autonomy of each colony, — soon to become a state. The recognition was the germ of state sovereignty. The congress was in session three weeks. On the 25th of October it sent forth a declaration of rights which stated the claims and grievances of the colonies and their understanding of the principles of government. This declaration was the parent of innumerable declarations of the rights and privileges of the American people. Yet upon close investigation it will be found that the celebrated declaration of 1765 was not wholly new. Rather was it a compilation of earlier statements and declarations of like nature which had been made at various times by colonial assemblies. The New York congress gathered up these declarations and expressed them in general form, — a statement of the doctrine of the rights of the colonists as Englishmen. This doctrine ran contrary to the accepted legal inter- pretation of the foundation of government : namely, that it is a grant from the crown, and marked a departure in 1 Massachusetts, Connecticut, Rhode Island, New York, Pennsyl- vania, New Jersey, Maryland, Delaware, and Soutb Carolina. THE UNITED STATES 7 the theory of g-overnment which henceforth should be conceived as resting upon the natural rights of all men instead of upon the privileged rights of a few. Though departing thus radically from precedents in its statement of the theory of government, the congress maintained the old doctrine of allegiance to the crown. But it made a clear disclaimer of the constitutional right of Parliament to tax America without its consent. " The right to tax," so it was declared, " resides only in the local assemblies." For obvious reasons the colonies could not be repre- sented in Parliament. The distance between England and America was too great to make representation practi- cable. The declaration concluded with a claim, for the Americans, to all the ancient and undoubted rights of Englishmen. Parliament discovered that the Stamp Act could not be executed in America without violence ; but this act was not the only one of which the Americans complained : two others, known as the Townshend acts, both passed for the purpose of raising revenue in America, were equally unpopular.^ After a long and bitter debate Parliament repealed the Stamp Act,^ but at the same time declared its right to tax the colonies. The news of the repeal was received in America with every manifestation of joy ; but joy turned to sorrow at the later news, that Parliament had levied a tax, though trifling in amount, on tea and on a few other articles, not so much for the purpose of revenue as to assert the right of taxation. In asserting this right, Parliament raised the issue which ultimately lost England the thirteen colonies. In February, 1768, Massachusetts again invited the colonies to confer and co-operate addressing her circular letter to the speakers of the assemblies in which she boldly asserted that the rights of America must be defended. The Massachusetts letter was welcomed by every as- sembly. The several colonies were already in a revolu- tionary state. In the royal colonies the assemblies boldly ignored the governor, — the representative of the crown, ^ For an account of them, see Trevelyan's " American Revolution," part i, chap. ii. * March 7, 1766. 8 A CONSTITUTIONAL HISTORY OF — or circumvented him by organizing as a provincial congress, which elected delegates to the general congress. This assembled in Philadelphia.^ Fifty-five delegates, representing together all the colonies except Georgia, were in attendance. Some were chosen by the assemblies, some by county committees assembled in convention, others by provincial congresses. Thus apparently their authority was not equal, but upon assembling, the cre- dentials of all were accepted, and the congress began its work. This second congress differed widely from that of 1765 in that the purpose of its meeting was more specific and the credentials of its delegates essentially more represen- tative of the sentiment of the country. The idea of union was becoming universal; the revolution had progressed into a more positive stage. The time had come for taking steps toward the formation of a national government: independence was at hand. The instructions to the dele-, gates varied, but every commission either expressed or implied the popular will that the congress should consider the unnecessary restraints and burdens on trade which the late acts of Parliament had imposed, and procure a redress of grievances. Here, it will be observed, was a two-fold duty: partly political, partly economic. The congress had been in session three weeks when Galloway, a Pennsylvania member, submitted a plan of union, the most important provisions of which were those for the appointment of a captain-general by the crown, and the election of a congress by the assemblies. The plan was briefly discussed, but soon recognized as antagonistic to popular government, and later was expunged from the journal. Its fate plainly showed that American union could not be formed upon a monarchical basis. Mean- while a number of committees had reported. The com- mittee on the rights of the colonies reiterated the substance of the famous English bill of rights of 1689, and of the declaration of rights made by the congress in 1765. It however went further than the last named declaration by claiming that American rights were not only natural 1 September 5, 1774. THE UNITED STATES 9 but constitutional; that is, incident and necessary to the plan of government under which English people were living. The report of the committee on trade and manufactures was of an entirely different order, for it involved not merely the theory but the administration of government. It constituted the basis of that celebrated agreement known as the solemn league and covenant, the Associa- tion of 1774. By this it was agreed that a policy of non- importation and non-consumption of English goods, and of non-exportation to Great Britain, should be followed. All trade with Great Britain and her colonies should cease after December i, 1775. Agriculture, the arts and man- ufactures should be encouraged. The slave trade too should cease. This agreement was an economic event of the highest importance. It was the first great act in the formation of the American Union. Many years later it was spoken of by President Lincoln as " the parent of the Union " ; and President John Adams described it as " the first expression of the sovereign will of a free nation in America." Of the many declarations which this congress sent forth, this of the industrial rights of America made clear the real causes of the revolution. The time had come when the colonies were self-supporting and fully able to assume the duties and responsibilities of nation- ality. This was the real significance of the association of 1774. The congress of 1774 was a reform convention, called solely to consider the best means of redressing public grievances. Its members had no thought of American independence. The majority of them had little doubt that the causes of the evils of which the country was complain- ing would be removed. They knew very well that under English rule the colonies were prospering and, if they were at all familiar with history, they must have known that in their safety, freedom, and happiness the American people at this time had more to be thankful for than any other colonial people in ancient or modern times. But events were swiftly moving toward a very different con- clusion than that which the majority of the delegates were anticipating. They adjourned on the 26th of October to 10 A CONSTITUTIONAL HISTORY OF meet again on the loth of May, 1775, unless, meanwhile, the public grievances of which they complained should be redressed by Parliament. The loth of May came and the congress again as- sembled. The ministry had not made concessions ; rather, the prospect was of the enactment of a series of laws all in the spirit of the tea tax. Lord North's policy of con- ciliation, framed early in 1775, did not abandon the claim of right to tax the colonies ; it left the matter wholly at the discretion of Parliament. Most of the delegates were returned to Congress, and all the colonies, save Georgia, were represented. Since the last meeting, military affairs in New England had reached such a stage that reconcilia- tion with the British government was practically impos- sible. The time had come when the test must be made whether the monarchical or the democratic idea of gov- ernment should prevail in America. The delegates clearly understood the issue and proceeded to define it in a series of remarkable acts. Their efforts to persuade the people of Canada to join with them failed, as likewise did their attempts to conciliate Parliament, the King, and the English people. But their appeal to America aroused the sentiment of union : it awakened a new nation. The time had come for the colonies to become states, and Congress took the initiative by urging the change. Within two years all the colonies organized state governments under written constitutions.^ A series of measures was now adopted ; some of a civil, others of a military nature. By this congress a be- ginning was made of the Departments of War, Navy, State, and the Post-Ofifice. Washington was chosen com- mander-in-chief, and the militia encamped near Boston, and organized in other parts of the Union, were adopted as the continental army. The Congress acted as the rep- resentative of the united colonies of America, but as yet no distinctive national name was used. Undoubtedly the delegates acted fully up to their authority. They had not been empowered to levy taxes or to declare war, but their acts necessitated the imposition of taxes and the prepara- tion for war. The delegates assumed that they had the ^ For an account of them, see chap. v. THE UNITED STATES ii sanction of public opinion, and acted as a representative, federal body. Thus, on the 22d of June they ordered the emission of bills of credit to the amount of two millions of Spanish dollars for the defence of America, and to the redemption of these bills of credit pledged the credit of the colonies represented. This was a federal act of the highest importance, and the roots of its authority ran deep into the foundations of American union. On the 13th of September, 1775, Congress reassembled, after a six weeks' adjournment, in full possession of evi- dence of popular sanction of its acts. All its appeals and protests to the King, to Parliament, and to the English people had been in vain. The true condition of affairs was more perfectly realized by the delegates than before ; men were talking of continental interests, of a continental congress, and of independence. Early in 1776 Thomas Paine had urged independence in Common Sense, — one of the most famous of political pamphlets. From hundreds of town meetings, from county conventions, and from committees of correspondence, active all over the land, was now* heard the demand for independence, — but Congress hesitated ; the step was perilous, and for reasons of expediency the members delayed a declaration of independence. New England and the South were sure, but the Middle Colonies were yet doubtful. Inde- pendence must be the act of a united America. On the 15th of May, 1776, Virginia instructed its dele- gates to recommend to Congress the adoption of a decla- ration of American independence, and on the 7th of June, Richard Henry Lee, of Virginia, chosen by his colleagues to move the resolution, formally proposed the resolution, which was seconded by John Adams, of Massachusetts, that " These united colonies are and of right ought to be free and independent states ; that they are absolved from all allegiance to the British crown and that all political connection between them and the state of Great Britain is and ought to be utterly dissolved." Four days later Thoitias Jefferson, John Adams, Benjamin Franklin, Roger Sherman, and Robert R. Livingston were ap- pointed a committee to prepare a declaration of inde- pendence. On this day another committee was appointed 12 A CONSTITUTIONAL HISTORY OF to prepare Articles of Confederation. Jefferson's com- mittee reported on the ist of July, and two days later its report, somewhat amended during debate, was adopted. On the 4th of July the draft of the Declaration of Inde- pendence was engrossed and proclaimed to the world. Meanwhile the committee appointed to prepare Articles of Confederation drew up a plan of government,^ and sub- mitted it to Congress on the 12th of July, through John Dickinson, its chairman. His report followed closely a plan of union ' which had been submitted to Congress by Dr. Franklin on the 12th of July of the preceding year. As the first serious attempt to embody the principles of American union, Dickinson's revision of Franklin's sketch is of great interest. It discloses the ideas which prevailed at the time of the revolution respecting the relation of the states to each other, and to any general government which might be formed ; and it also discloses what the founders of our national government conceived were its essential qualities. Dickinson's plan recognized the independence and sov- ereignty of each state, but at the same time prescribed limitations on the states, — a contradiction as to sover- eignty which ran through the whole system. This con- tradiction was the result of the attempt of the plan to divide sovereignty, asserting, by implication, general sov- ereignty in the Confederation, and residuary sovereignty in each of the states. The division is unphilosophical, but the doctrine of residuary sovereignty has been repeatedly affirmed by the supreme court of the United States.^ The limitations prescribed for the states were a clear invasion of their sovereignty, and tended to develop in the public mind the germs of the idea of national sovereignty.* But the fundamental idea of the Articles was of a plan of gov- ernment by which every power, jurisdiction, and right which was not expressly delegated to the United States 1 Elliot, vol. V, p. no. 2 Franklin's Works (Bigelow's Edition), vol. i, p. 243; vol. ii, p. 343; vol. V, p. 548. ' A typical presentation of this doctrine is Texas v. White, 7 Wallace, 70c (i/ forced and unwarrantable to ascribe to the federal courts, A by mere implication and in contravention of pre-existing rights of the state governments, a power which would involve such consequences.' The opinions of Marshall and Hamilton are sufficient, if taken in connection with the time and place of their 1 Sparks's Morris, vol. iii, p. 323. 2 Elliot, vol. iii, p. 555. « "The Federalist," Nos. XXXII, LXXXI.^ I02 A CONSTITUTIONAL HISTORY OF utterance, to establish the fact that the framers of the Constitution did not believe that a sovereign state could be sued by an individual or, to use a phrase of the time, could be dragged before a federal court. The full power of the general government was behind the states to sup- port them in their judicial action, but was not behind the individual to support him in an action against a state. Through all the debates in the ratifying conventions ran the claim that the states would gain by assenting to the Constitution. Randolph, when presenting the Virginia plan in Philadelphia, spoke of the jealousy of the states respecting their sovereignty as a fact familiar to all. Without attempting to declare the truth or falsity of the doctrine that the states were sovereign, we must conclude that it was unquestionably the ruling idea in 1788. Time might prove the doctrine impracticable as a working principle, but the strength of the argument lay with the state-sovereignty school at the time the national govern- ment was formed. It dominated the ratifying conventions ; it had been freely expressed in the federal convention. The national idea as it is now understood had to be worked out by the harsh tests of administration. It was not conceived at the time the Constitution was made. It is a product of a later time. If the idea of state sov- ereignty should prove destructive of the ends compre- hensively proposed in the preamble of the Constitution, — a more perfect union, justice, domestic tranquillity, com- mon defence, and the general welfare, — then ultimately the idea must be abandoned. The Fathers, as we fre- quently call our early statesmen, were opportunists, as all men must be in revolutionary times. Speaking of the work of the Fathers, Mr. Lincoln, in his Cooper Institute speech, undoubtedly laid down the true principle to follow in interpreting their work : " I do not mean to say that we are bound to follow implicitly in whatever our Fathers did ; to do so would be to discard all the lights of current experience, to reject all progress, all improvements. What I do say is, that if we would supplant the opinions and policy of our Fathers in any case, we should do so upon evidence so conclusive and argument so clear that even their great authority fairly THE UNITED STATES 103 considered and weighed cannot stand." ^ Time alone could tell whether the evidence would ever be so con- clusive and the arguments so clear that the state-sov- ereignty doctrines of the Fathers could no longer be sufifered to prevail. There can be no doubt that when the Constitution was adopted it was with the understand- ing that a sovereign state could not be sued in a federal court without its own consent.- But among the Fathers there were some who did not hold this idea, and among them John Jay and James Wilson, who, it will be remembered, were appointed_ by Washington; the one chief -justice, the other an associate justice of the supreme court. In 1792, Alexander Chis- holm, a citizen of North Carolina, brought suit against the state of Georgia in the supreme court of the United States, and thus " a question of uncommon magnitude, whether such a suit could be maintained," became an issue. The opinion of the court was given by Wilson. The question, he said, was whether the people of the United States formed a nation? He answered it accord- ing to his understanding of the principles of general jurisprudence, of the laws of nations, and of the consti- tutions and laws of the states. From the first two he developed the general notion of sovereignty and then proceeded to prove that the federal Constitution vested sovereignty in the United States and clearly gave the 1 Lincoln's Works, vol. i, p. 604. 2 Delaware in its second constitution. 1792, declared that suits might be brought against the state as the law prescribed ; and Tennessee, in 1796, authorized such suits with the proviso th'&.t it must be brought by its own citizens. See Delaware constitution, 1831-1S94 ; Tennessee, 1834-1870. The state constitutions authorizing legislation for bringing suits against the state are Wisconsin, 1S48, Art. IV, sec. 27 ; California, 1850, Art. XI, sec. 1 1 ; Kentucky, 1S50, Art. VIII, sec. 6 ; 1890, sec. 231 ; Indiana, 1851, Art. IV, sec.'24; Nevada,1864, Art. IV, sec. 22; Mis- souri, 1865, Art. IV, sec. 21 ; Florida, 1868, Art. IV, sec. 19; 1885, Art. Ill, sec. 22; Mississippi, 186S. Art. XV, sec. 21 ; South Carolina, 1868, Art. XIV, sec. 4; 1895, Art. XVII, sec. 2; Alabama, 1867, Art. I, sec. 16; Pennsylvania, 1873, Art. IX, sec. 11 ; Washington, 1889, Art. II, sec. 26; North Dakota, TS89, Art. I, sec. 22; Wyoming, 1889, Art. I, sec. 8; such suits were forbidden by Illinois constitution, 1870, Art. IV, sec. 26 ; Alabama, 1875, Art. I, sec. 15; Arkansas, 1874, Art. V, sec. 20, declares that the state shall never be made defendant in any of her courts. But see Curran v. Arkansas et al-, 15 Howard, 304, 309; Clark v. IJarnard, 108 United States, 436, 447 ; Beers et al. v. Arkansas, 20 Howard, 527. I04 A CONSTITUTIONAL HISTORY OF court jurisdiction over a state in the Union. The state of Georgia was therefore amenable to its jurisdiction. He took issue directly with both Marshall and Hamilton, and claimed that the jurisdiction of the supreme court over a state was explicitly declared in the Constitution. A state could be made a defendant before the court; therefore it was amenable.^ Jay, the chief -justice, sup- ported him in an elaborate decision. He traced the history of the country from the outbreak of the revolu- tion, and agreed with Wilson that the controversy before the court fell within the exact language of the Constitu- tion. He went further than Wilson, however, and held that not only a state but the United States might be sued by any citizen with whom it might be in controversy, but with this difference: that in case of an action against the United States there was no power which the courts could call to their aid to compel execution of the court's decree. Therefore the case of a state and that of the United States were very unlike. But a state was suable by citizens of another state. This was a new and an alarming doctrine, and its truth was denied by Justice Iredell in one of the most famous opinions in our legal history. He controverted the opin- ions of Wilson and Jay point by point. He held that the states were successors to the crown and, like the crown, could be petitioned but not sued. He denied that cither the Constitution or the act establishing the federal courts ^ authorized Wilson's conclusions. The power of the court was to be strictly construed. The common law, he said, gave no precedent for Wilson's construction. Every state in the Union, save in those instances in which its sovereignty had been expressly delegated to the United States, was as completely sovereign as were the United States in respect to the powers surrendered to them. " The United States," said he. " are sovereign as to all the powers of government actually surrendered ; each state in the Union is sovereign as to all the powers reserved." Reasoning thus from the British Constitution, * Chishnlm 71. denrGjia, 2 Dallas, 419 (1703). 2 Act of Septenibir 24, 1789; Statutes at Large, vol. i, p. 73. THE UNITED STATES 105 the common law, the practice of the colonial govern- ments, the strict construction of the Constitution, and of the judiciary act of 1789, he reached the conclusion that the states were sovereign and could not be sued. The only remedy was by petition to the state legislature. But Iredell's opinion was not the decision of the court ; that had declared that a state was suable in the federal courts, and it was a most startling conclusion of the whole matter. It practically reversed the Fathers, ignored the opinions of the ratifying conventions and also " The Fed- eralist " itself. The decision was handed down on the i8th of Feb- ruary, 1793, and, on the following day, Sedgwick of Massachusetts, gave notice, in the House of Representa- tives, that he would soon move a resolution for amend- ing the Constitution, so as to protect the states from being sued in federal courts. On the 20th, the resolution, in the form of an amendment, was offered in the Senate,^ but it slumbered for a year, till, on the 2d of January, 1794, it was again brought up, was discussed briefly, and was passed, on the 14th, by a vote of twenty-three to two. On that day it was read in the House for the first time, but it was the 4th of March ^ before it finally passed."'' Three years elapsed before the requisite number of states adopted it. Its ratification was announced by President Adams on the 8th of January, 1798.* There was strictly no precedent for the amendment in any which had been demanded by the ratifying conventions or in any of the state constitutions. The nearest approach to a precedent was one of the amendments, demanded by Virginia, North Carolina, and Rhode Island, relating to the jurisdiction of the United States courts in cases arising after, but not before, the ratification of the Constitution.^ Though there was no immediate precedent for the amendment, its spirit and purpose may be found in the ^ Annals, 1793, P- 651. 2 id. p. ^77. ' By a vote of 81 to 9. The language of the amendment was suggested by Albert Gallatin. * Richardson, vol i, p. 260, and see Adams's special direction to Pinck- ney, in Works, vol. viii, p. 552. * In Virginia, Elliot, vol. iii, p. 661 ; in North Carolina, •' Documentary History of the Constitution," vol. ii, p. 272. Elliot, vol. i, p. 336. io6 A CONSTITUTIONAL HISTORY OF ideas of state sovereignty prevailing in the eighteenth century. In the act of the assembly of Connecticut of October lO, 1776, which was the response of that colony to the suggestion of Congress to take up civil government, the state was described as free, sovereign, and independ- ent. The Constitution of Massachusetts of 1780 made a similar declaration, as did that of New Hampshire of 1784. The treaty of peace with England of the pre- ceding year ^ mentioned the thirteen states each as being free, sovereign, and independent, and this conception was a part of the unwritten constitution of states outside of New England. No southern state used the word " sovereign " in its constitution, but the opinions of south- ern statesmen and of southern people respecting state sovereignty were unwritten law. The government of the United States was popularly believed to be a confed- eration of sovereign states,- though a few members of the federal convention, like King and Hamilton, clearly pointed out that the states were not sovereign in the sense in which the general government was sovereign.^ The result of such diverse opinions was a compromise: that the states possessed residuary sovereignty,* and with this understanding the Constitution was ratified. The Anti-Federalists held to a man that the sole purpose of forming the general government had been to preserve the sovereignty of the states.^ When, therefore, in 1793, the supreme court ruled that the states were not sovereign, but could be brought before a federal court like an indi- vidual, the country took alarm and the eleventh amend- ment was the direct consequence. No part of the national plan of government was more difficult to settle than that on the executive, and the article on the subject was almost the last to be completed. The members greatly differed as to whether the executive should be single or plural ; for life or for a term of years ; and especially did they dififer as to the manner of choos- ing him. Finally, they forsook all state precedents and adopted a method of choosing, which was novel and 1 September 3, 1783, Article I ; Treaties and Conventions, p. 376. 2 Klliot, vol. V, p. 176. 3 Id. vol. V, pp. 201, 212. * " The Federalist," No. LXXII. ^ Elliot, vol. v, p. 249. THE UNITED STATES 107 experimental. Though bearing some analogy to the method of choosing state senators in Maryland, it will be found, upon examination, that that method and the one finally adopted by the convention have little in com- mon. The difficulty consisted in choosing a national officer by federal methods. If the new government was wholly federal, the method of the election of the President by state legislatures was not the proper procedure ; if it was wholly national, he should be elected by popular vote, but as the government was partly federal and partly national, the method must be a compromise. The method finally adopted gave general satisfaction and was almost the only part of the system which escaped censure.^ But the method did not distinguish between candidates for the presidency and the vice-presidency, and, in consequence, the results of an election might be uncertain. The obvious defect was the omission from the plan of a requirement lo designate by the electoral votes the candidate for Pres- ident and the candidate for Vice-president. But this end, which seemed to have escaped the attention of the con- vention, was finally reached by events quite accidental. The framers of the Constitution gave no sign that they expected the administration of the government to fall into the hands of parties or the choice of officials to become a party matter. The Vice-president was consid- ered a superfluous officer, especially by the Anti-Fed- eralists. The framers evidently had great confidence in the virtue of that body of men whom we call the electoral college. They considered them for a time to be the agents of the states, chosen by the people to name a president. Wilson advocated his election by popular vote, but the proposition was not considered. Distrust of popular government led the framers to put the choos- ing of the President and Vice-president into the hands of a special body of men. In case two persons received each a majority, and the same number of votes, the highest vote, by states, should elect the President ; and if there then remained two candidates with equal votes, the Senate should choose the Vice-president. The evident 1 "The Federalist," No. LXVIII, io8 A CONSTITUTIONAL HISTORY OF purpose here was to secure the choice of these two officers by a federal act. As long as Washington lived and would accept the office of President, there was little doubt who its incumbent would be. But the distribution of the electoral vote, in 1789 among twelve persons, in 1792 among five, and in 1796 among thirteen, intimated from the beginning that unless public opinion was explicit and some person was the unmistakable choice for President, the vote was likely to be scattered, and that elections by the House might prove the rule instead of the exception. The framers could not well have anticipated this con- dition of things. The debates in the federal convention indicate that the framers believed that the college could always find one man of dominating popularity, and another for second place sufficiently well known to satisfy the majority of the electors. Time did not realize this expectation. The men who received electoral votes were the favorite sons of states, and so strong was the idea of state sovereignty that it was almost impossible that any successor to Washington should at all approach him in national reputation. There was the probability of a dis- puted election in 1796, when it was doubtful whether Adams, Jefferson, or Thomas Pinckney would be chosen. It was soon known that Adams had seventy-one votes, Jefferson sixty-eight, and Pinckney fifty-nine. The result, therefore, was a Federalist for President and a Democratic-Republican for Vice-president. The incongruity of a divided political responsibility docs not seem to have occurred to many at the time, but just two months from the day of election ^ William Smith, of South Carolina, offered a resolution in the House that the Constitution be amended so as to prevent the inconvenience that might arise from the prevailing mode of choosing the President and Vice-president, and so to carry into effect the general intention of the electors. The motion was made a month before the electoral vote was counted, and received no further attention than to be ordered printed. Not one state gave its full vote for Adams and Jeflferson, and the four that cast electoral votes for them also supported six other candidates. 1 January 8, 1797, Annals, p. 1824. THE UNITED STATES 109 Adams received the entire electoral vote of eig^ht states ; Jefferson of four ; Pinckney of five ; Burr and Ellsworth each of two, and Clinton of one. Considering the strength of the doctrine of state sovereignty at the time, it is not surprising that there was dissatisfaction with a system which gave the country a President who was the first choice of only one half of the states, and a Vice-presi- dent who was the choice of only one-fourth of them, and yet between which two candidates there was a difference of only three votes. The result of the election, in 1796, displeased the Fed- eralists, for they had planned to elect Adams and Thomas Pinckney. The federalist region lay north and east of Pennsylvania but included Delaware. Political sentiment in the remaining portion of the country was strongest for Jefferson and Burr. Though there were no formal plat- forms or nominations, there was a more or less common understanding that Adams and Jefferson represented two widely different political schools. The election of both, therefore, raised many apprehensions. That a month before the counting of the electoral vote, a resolution should be offered in Congress to amend the Constitution, so that electors should designate their choice for President and Vice-president, must be accepted as evidence that the public mind was not at rest on the subject. The resolution was, however, soon forgotten; three years passed, and Adams's stormy administration was drawing to a close, when Abiel Foster, a representa- tive from New Hampshire, renewed the electoral amend- ment on the i6th of February, 1799. Two weeks later, by a vote of two to one, the House refused to refer the resolution to a committee of the whole.^ On the 23d of January, 1800,- James Ross, of Pennsylvania, moved in the Senate the appointment of a special committee to report a bill for deciding disputed elections for President and Vice-president. The bill passed the Senate on the 28th of March, was amended both in the House and the Senate, but was at last rejected by the House by a vote of seventy-three to fifteen. While the Ross resolution was under consideration, the ^ Annals, 1799, p. 2919. * Annals, p. 29. no A CONSTITUTIONAL HISTORY OF question of a constitutional amendment to regulate the election of President and Vice-president came before the House on the 4th of February. Its purpose was to require that the electoral vote be designated, but it was buried in committee of the whole. John Nicholas, of Virginia, on the 14th of March proposed as an amend- ment the division of each state into a number of districts corresponding to its number of electors, but his resolution was sent back adversely in an elaborate report that no change in the method prescribed by the Constitution was expedient.^ Meanwhile the presidential election of 1800 had occurred ; its results were known and the first disputed election had arisen. This condition of affairs had been brought about largely by the party intrigues of Hamilton, and other leading Federalists, to make Charles C. Pinck- ney President and to bring Adams to the second place. ^ The formal ballot of electors, on the nth of February, gave seventy-three votes to Jefferson ; seventy-three to Burr ; sixty-five to Adams, sixty-four to Pinckney, and one to John Jay. The election of a President, therefore, devolved on the House. On the i8th, at one o'clock, the thirty-sixth ballot was taken ; ten states had voted for Thomas Jefferson, four for Burr, and two had cast blank ballots.^ The House had made Jefferson President, and Burr, having received the next greatest number of votes in the college, was Vice-president. Thus events speedily disclosed that the danger which had been discussed three years before was both real and serious. At the election in 1800 sixteen states voted, in eight of which the electors were chosen by the legislatures, and in eight by the voters ; but the mere method of choosing presiden- tial electors had little bearing on the final result. In Con- necticut the electors, appointed by the legislature, had voted for Pinckney ; the South Carolina electors, appointed in like manner, had voted for Jefferson and Burr. The New Hampshire electors, chosen by popular vote, had cast their ballots for Adams and Pinckney, but the electors 1 Annals, pp. 941-946. 2 " Life and Works of John Adams," vol. i, pp. 576-597. 8 Annals, pp. 1031-1033. THE UNITED STATES iii of Kentucky and Tennessee, chosen in the same manner, had voted for Jefferson and Burr. Thus the Union on party Hnes was divided into eight repubhcan and six federahst states. The remaining states were partly fed- eraUst and partly republican. Though there were no platforms or nominating conventions, Adams and Pinck- ney were the recognized federalist candidates, and Jef- ferson and Burr the democratic-republican. Testing the election in the House by the electoral vote of the states, the choice of Jefferson and Burr more fairly expressed the will of the country than did that of Adams and Jef- ferson in 1796. However, the fact most distressing to the Federalists remained, — that they had failed to bring in either of their candidates. The rumor spread that the election in the House had been brought about by collusion, and min- gled with this tale, which many of the Federalists took no pains to correct, were the mutterings of the friends of Burr, who had confidently expected the first place for him. Thus, suddenly the constitutional method of choosing the chief magistrate was confused with the animosities, the schemes, and the disappointments of party politics. The question thus ceased to be abstract, but became one of practical politics. The Constitution had proved defective in an essential part. Jefferson had been comforted, in the prospect of his missing the presidency, that though " the federal government would have been in the situation of a clock or watch run down, there was no idea of force nor of any occasion for it. A convention, invited by the republican members of Congress with the virtual President and Vice-president, would have been on the ground in eight weeks ; would have repaired the Con- stitution, and wound it up again." ^ As the Senate con- sisted of nineteen Democratic-Republicans and thirteen Federalists, and the House of seventy-one Republicans and thirty-four Federalists, and as Jefferson was Vice- president, the Republican members on the ground were a factor to be reckoned with. 1 Jefferson to Priestley, March 21, 1801 ; Works (Ford's Edition), vol. viii, p. 322. 112 A CONSTITUTIONAL HISTORY OF An amendment of some kind, regulating the election of the President and the Vice-president, now seemed imminent, but another year passed before further efifort toward one was made. On the 12th of April, 1802, DeWitt Clinton in the Senate proposed as an amendment that the persons voted for as President and Vice-president be particularly designated,^ but the matter was again postponed. Meanwhile the House was entertaining amendments, and one of them providing for the desig- nation of candidates was carried, on the 2d of May, by a vote of forty-seven to fourteen ; but the Senate refused to concur.- Further procedure was prevented by the adjournment of Congress. The defeated measure was brought up again on the 3d of January by Michael Leib, of Pennsylvania. Bayard, of Delaware, called for a com- mittee on the subject on the 8th of February; and Gris- wold, of Connecticut, recommended the provision on the 9th ; but the House, without a decision on the matter, dis- charged the committee and the subject was dropped for the remainder of the session. The steady recurrence of the proposition to amend was a sign of the times. When, on the 17th of October, 1803, the eighth Congress assembled, nearly six years had passed since the first amendment to designate the candidates had been proposed. On the first day of the new session, Dawson, of Virginia, renewed the motion which Smith had made in 1797, and on the next day, in committee of the whole, the House set itself seriously to its consideration.-^ The amendment merely directed the designation of the electoral votes, but Nicholson, of Maryland, detecting the imperfection, proposed that Dawson's amendment be changed so that the person receiving the highest number of votes for Vice-president should thereby be elected, unless the vote for two or more was equal, in which case the Senate should choose. Clopton, of Virginia, wished the choice, when made by the House, limited to two instead of to five candidates, as the Constitution provided. The matter was then 1 Annals, p. 259. 2 jj p ■^04. * Annals, Eighth Congress, First Session, 372. THE UNITED STATES 113 referred to a committee of seventeen, along with another amendment for districting the country for presidential electors. In the course of the debate a point of order arose, and the Speaker, Nathaniel Macon, of North Caro- lina, ruled that a simple majority is competent in Congress to decide all matters preliminary to the final adoption of constitutional amendments/ On the 226, Dawson proposed that in cases when the election went to the House, the choice should be from the three highest on the list, but when the Vice-president was chosen by the Senate, the choice should be from the two highest. The select committee accepted this, but the limitation to the House of three candidates instead of five, at once raised the question of the limitation of the rights of the small states. The debate soon showed that there was little objection to an amendment of some kind, but that there was great objection to changing the number of candidates from five to three. The friends of the larger number carried the day by a vote of fifty-nine to forty-seven ; the amendment was ordered engrossed and passed to a third reading. The debate is of interest because of its elucidation of political beliefs prevailing at a time when the Constitution was in the infancy of its administration. Most of its framers were still living and were in public life, but the men who were now dis- cussing the proposed twelfth amendment in Congress belonged to a new generation. The current of party passion ran high. Many a devout Federalist believed that the clock of government had run down the moment when the House of Representatives chose JefiFerson President. The assertion, during the debate, that the proposed amendment would imperil state sovereignty, if the number of possible candidates was changed from five to three, seems somewhat curious to us now. The advocates of state sovereignty agreed with Hugher, of South Carolina, that the Constitution was a compact and a compromise of interests, and that the federated government agreed upon in 1789 was a compact between thirteen separate sov- ereignties. The inhabitants of the United States in 1 Annals, Eighth Congress, First Session, p. 381. 8 114 A CONSTITUTIONAL HISTORY OF framing the Constitution, said Hugher, did not act en masse as one people.^ The balance between great and small states was the issue when the Constitution had been ratified, and any variation from that balance would endanger the states, Hastings, of Massachusetts, re- minded the House that if the Constitution was to be amended, the first thing to receive attention was the article authorizing the rendition of fugitive slaves, which operated with peculiar inequality in the northern and eastern states; to which Matthew Lyon, lately repre- senting a New England constituency, but now a mem- ber from Kentucky, replied that the sacrifice of which some complained had been made by the people among whom slavery was permitted.^ The resolution was then adopted.^ While it was before the House the Senate had been discussing a similar amendment, proposed by Clinton on the 2 1st of October.* Many modifications were sug- gested, and the whole subject was referred to a select committee of five, which reported on the 24th of October. Dayton, of New Jersey, wished to abolish the vice-presi- dency. The debate dragged along until the 23d of November, when the Senate, having decided that two- thirds of the members present could pass an amendment, proceeded seriously to consider the committee's report. And first, it rejected both five and two as the number from which the House might choose and agreed on three. John Quincy Adams, in a vigorous speech, urged that as the House had already accepted the number five, the Senate ought to retain that number. Butler, of South Carolina, declared that the change which the Senate would make would violate the compact of the Union, and that if its amendment was not adopted the Federalists would elect the next Vice-president. This, he said, was the pivot upon which the whole matter turned. Finally the com- mittee's report was adopted by a vote of twenty to eleven. The debate which followed was like that which had been heard in the House. Hillhouse, a senator from Con- necticut, asserted that if the amendment passed, the 1 Annals, p. 522. ^ id. p. 554. » 38 to 31. * 1803, Annals, p. 16. THE UNITED STATES 115 election would go to the House nine times out of ten, and that instead of a comedy, as in the election in 1804, there would be a tragedy in the election of 1808. So vigorous was the objection to the number three, it was struck out and the number was left blank. This precipitated a debate whether the change from five to a lesser number would tend to diminish the rights of the smaller states. On the 25th it was agreed, without debate, that the vote in the House should be by states, following the language of the original clause, and that the choice of the Senate should be restricted to the two highest members on the list. Some of the federalist senators now made earnest arguments against changing the Constitution at all, but they were in the minority. By a vote of more than two to one it was agreed that the number of candidates before the House should be three, but this did not determine how the House should proceed in case more than three candidates have the same number of votes. So many amendments were now offered on the subject, all were ordered printed, that the Senate might discover how the matter stood, which led Smith, of Maryland, to ask, " Why not throw dice for the office of President, the highest number to win ? " Finally, it was decided to insert the number three instead of five, and to omit the clause limit- ing the period for which a President could be elected. The Vice-president, Burr, declared that the resolution had passed by a two-thirds vote, and it was sent to the House with a request for concurrence.^ Two resolutions had now been passed : one by the House, sent to the Senate on the 28th of October ; another by the Senate, sent to the House on the ist of December. The essential difference between them was the number from which the choice should be made. The House retained five, the original number of the Constitution ; the Senate inserted three, and the provision that in case no President was chosen by the House before the 4th of March, the Vice-president-elect should become President. The Senate resolution was taken up in the House on the 6th of December,- but the Senate had paid no attention to * Annals, p. 2io. 2 jj. p 6^5. Ii6 A CONSTITUTIONAL HISTORY OF the House resolution. Objection was made in the House to the Senate amendment, — that it had not been passed by the constitutional number of senators, for everybody knew that only twenty-two of the thirty-four members of the Senate had voted for it, but it was finally decided that as by the Constitution each House keeps a journal and determines its own rules and regulations, therefore the House has no authority to judge the Senate ; therefore the resolution had come before it in a proper form. In this conclusion the House agreed by a vote of thirty-five to eighty-four and thus settled an important question in congressional procedure.^ There was a strong effort made to abolish the office of Vice-president as superfluous. At last, after repeated refusals to adjourn, or to let the committee of the whole rise, the House agreed to the Senate resolution, but re- fused, by a vote of eighty-two to thirty-five, to substitute the number three for five in the report.^ The Senate amendment was then divided and the first part, containing the provision for designating the electoral vote, passed by a vote of eighty-five to thirty. The other clauses were then agreed to and the Speaker, Macon, arose to put the whole resolution. The Federalists attempted to delay the vote until the next day. Randolph moved for an immediate decision and the House sustained him, though not by a strictly party vote. On the 8th, the debate was resumed. Lowndes, Ran- dolph, and a few other behevers in state sovereignty took occasion carefully to outline its doctrines. Through- out the discussion little was said of national sovereignty, for as yet little was thought or known. Campbell, of Tennessee, observed that the government was formed by the people of the United States in their national capacity and not by the several states convened in their state capacities, in proof of which he cited the opening words of the preamble, " We the people of the United States," ^ but he was speedily corrected by many members, who informed him that the Constitution was adopted by the states acting in their corporate capacity, and that the 1 Annals, p. 663. ^ Id. p. 683. 8 Id. pp. 718-727. THE UNITED STATES 117 proposed amendment could not be adopted " without in fact destroying the very basis of the Confederacy." At last the debate came to an end, after state rights, state sovereignty, the Constitution a compact between the states, intrigue and corruption in elections, the relative merits of three and five candidates, the use and the uselessness of the office of Vice-president, the popular will and the danger of innovation had all been touched on. Then the vote was taken. Forty-two stood for the resolution and forty-two against it. The casting vote of the Speaker, Nathaniel Macon, carried the amendment.^ On the following day, the 12th of December,- the Senate concurred and the joint resolution was sent forth to the states for ratification. It made rapid progress through the legislatures, for the public mind had long been made up. On the 25th of September, 1804, Madi- son, then Secretary of State, formally proclaimed that it had become a part of the Constitution.^ Its adoption may be said to have completed the Constitution as a piece of eighteenth century work. When the first ten amendments passed Congress, all the f ramers of the Constitution, save one, were living ; eleven were members of the Senate, and eight of the House. One was President of the United States, — Washington, — and his signature was affixed to the twelve amend- ments which went out to the states on the 25th of Sep- tember, 1789, and of which ten were ratified. The eleventh was adopted by Congress on the 5th of March, 1794. During its discussion nine of the framers were members of the Senate, and five of the House. During the six years that the twelfth amendment, in one form or another, was under consideration in Congress, seven of the framers were members of the Senate, and four of the House. At the time of its adoption by the eighth Congress, Dayton, Butler, and Baldwin were in the Senate; none of the framers then belonged to the House though thirty-four were still living. The six framers of the Constitution who were members of the House and 1 Annals, p. 776. 2 1803; Annals, p. 214. 8 For the acts of ratification, see " Documentary History of the Con stitution," vol. ii, pp. 411, 451. ii8 A CONSTITUTIONAL HISTORY OF voted on the first ten amendments, supported them. The eleventh was supported, in the Senate, by Ellsworth, But- ler, King, Langdon, Martin, and Strong, and in the House by Baldwin, Gilman, and Madison. Fitzsimons voted against it. In 1803, when the twelfth amendment was proposed, Baldwin voted for it in the Senate, and Butler against it. Thus the record shows that of the twenty framers of the Constitution who were members of Con- gress during the period when the first twelve amendments were under discussion, only two voted against them. The attitude of John Quincy Adams toward the twelfth amendment as it passed the Senate, and his vote against it, because it limited the House to a choice of three instead of five candidates, is of interest in the light of his later history. The second disputed election occurred in 1824, when the electoral votes for President were divided among Jackson, Adams, Crawford, and Clay. By the twelfth amendment, the House could not vote for Clay, the fourth on the list. Had Adams's wishes, as he proclaimed them in 1803, prevailed, and the number remained five, as in the original Constitution and as the House amendment provided, undoubtedly Clay would have been chosen President. Made so soon after the original instrument, these twelve amendments have long seemed contemporary with it.^ Turning to their source, it is clear that the first ten, as Jeff'erson declared they ought to be, are a declaration of rights and may be said to have emanated from a com- mon source, the state constitutions. Some of them, as we have seen, lead back to the Magna Charta, others to the petition of rights, and one was taken without change from the famous bill of rights enacted in the time of William and Mary. At least eight are traceable to the Declaration of Independence and three to the older dec- laration of 1765, but the immediate source of most of them was the state constitutions and the amendments demanded by the ratifying conventions. The eleventh and twelfth amendments were administrative in character and could not have the same source as the first ten. 1 Corfield v. Coryell, 4 Wash. C. C. 371. THE UNITED STATES 119 They were devices, opportunist measures, originating in the necessity of the times. Posterity has not accepted Gouverneur Morris's opinion of the first twelve amend- ments, — that they are " generally speaking, mere verbi- age." ^ They have formed a part of the supreme law so long, they seem to be as much the work of Franklin, Washington, Wilson, and Madison, and their colleagues in the federal convention, as the original instrument itself. The most notable aspect of the effort to secure the amendment of the Constitution, is the conscious attempt of political parties to incorporate in the Constitution pro- visions which would make reasonably certain a peaceful administration of the government. The brief period from 1789 to 1805 was of critical importance in the evolution of popular government in America, because it was the era when debate of the theory of republican institutions was giving way, in a preliminary fashion, to examination of the problems of administration. These problems in- volved the test which every government, whatever the form, must stand : the test of practical operation. Yet, it must be noted, that the twelfth amendment, regulating the election of President and Vice-president, is of a different order than any of the preceding eleven. It was an administrative amendment ; they were additions and corrections to bring the national plan into conformity with accepted principles. It can scarcely be said that the twelfth amendment involves a principle. It is the first fruit of the awakening to the responsi- bilities of administration of government, and slight as many considered its value at the time of its enactment, it attempted to solve one problem in administration which public opinion in our own day considers as yet not fully solved : the best method of electing the chief executive. In the evolution of popular government in America, this amendment gives date to the close of an era: the era of theories of government. The American people, as a nation, have never abandoned the principles laid down by the Fathers, and first embodied in the organic laws of the country in the eighteenth century. 1 Diary and Letters, vol. ii, p. 529. 120 A CONSTITUTIONAL HISTORY OF In our day, when a new President turns from the dehvery of his inaugural to take up the duties of his great office, he finds himself at the head of a thoroughly organized government. His predecessor has summoned the Senate in extra session to act on appointments ; several thousand clerks, distributed among eight executive departments, are attending to the routine of the public business all over the land. National courts are adjudi- cating a multitude of cases in the light of a long line of precedents. The accession of a new President causes no jar or entanglement of public affairs. Whatever his politics he assumes his duties with the aid of a vast body of experienced subordinates. Whatever his policy, he does not begin a government. Far different was the condition of affairs in 1789. A President and a Vice- president, senators and representatives had been elected, but there was no federal organization excepting the imperfect and feeble one of the Confederation. There was a department of foreign affairs ; a treasury department ; a war department ; a postoffice department and a navy department, but under no such organization as their suc- cessors soon enjoyed. The organization of the new government straightway became a political issue, — or, more correctly speaking, a succession of issues. The settlement of these issues resulted gradually in the organ- ization of a national government. Let us now see how this was effected. THE UNITED STATES 121 CHAPTER Vn CONTEST About the time when the first ten amendments were rati- fied in 1789, an important question in the administration of the government arose: that of the constitutionaHty of a national bank. Washington turned to his chief advisers for counsel, but their opinions were irreconcilable. Jefiferson held to the letter of the Constitution.^ He acknowledged that it empowered Congress to borrow money and to lay taxes, to equip fleets and armies, and to promote the general welfare, but it said not one word about a bank. To take a single step beyond its plain boundaries would be dangerous. True, Congress could lay taxes for the purpose of providing for the general welfare, but it could not lay them for any purpose it pleased, as it was restricted to paying the debts and pro- viding for the welfare of the Union. It was not intended to make Congress the sole judge of good or evil, but rather to lace up Congress straightly within its enumerated powers. The provision to make all laws necessary and proper for carrying into execution its enumerated powers could be administered, he said, without a bank. Evi- dently such a corporation was unnecessary, and therefore was not authorized by the Constitution. Granting that a bank would facilitate the collection of taxes, yet the Constitution permitted only necessary and not merely con- venient means for executing the authority of Congress. A loose construction here would prove in the end most perilous, for the Constitution would be tortured into an interpretation which would swallow up necessity in mere convenience. ^ Works, vol. Tii, p. 555. 122 A CONSTITUTIONAL HISTORY OF Far different was Hamilton's advice. The Constitu- tion, he said, plainly empowered Congress to do what was necessary and proper. Its powers were implied as well as expressed,^ and the objects entrusted to its manage- ment were in their nature sovereign. Inseparable from sovereignty was the right to erect corporations. The word " necessary " was not to be construed restrictively, nor as a supreme test of a constitutional right. Necessity meant expediency. To incorporate a bank would not stretch the power of the government, because it would be only the exercise of authority within the sphere of specified powers. Moreover, the right of Congress to erect corporations had already been exercised in the organization of two territorial governments, the one northwest and the other southwest of the Ohio.^ Thus, in brief, Hamilton advised Washington that Congress had power to charter a national bank, because of the sov- ereignty of the federal government. His opinion pre- vailed, and the bill, which had passed Congress on the 8th of February, 1791, was signed by the President.^ The principle involved in the creation of a national bank by Congress was laid down in " The Federalist " in the general proposition that a government must pos- sess powers adequate to the ends which it seeks to attain, and that the exercise of these powers is a matter of expediency. In brief, the question of establishing the bank was administrative as well as organic. Public finance might be regulated, the balance sheet of trade might be struck, by some other agent than a bank, organ- ized as was the bank of 1791. But in weighing the arguments for and those against the bank bill, Washing- ton could find principle and expediency in the one scale and neither in the other. The institution thus authorized had a capital of ten million dollars, one-fifth of which was subscribed by the United States. Its charter ran for twenty years and its bills were a legal tender in all payments to the United 1 Works, vol. iv, pp. 105, T19. 2 Northwest, August 7, 1789; Statutes at Large, vol. i, p. 50. South- west, May 26, 1790, Id. p. 123. 2 February 25, 1791, Id. p. 191. THE UNITED STATES 123 States. Branch banks were established in the principal cities, and the entire career of the parent bank was prosperous and highly beneficial to the country. Twenty- eight years after the passage of the bill creating it, the supreme court declared that Congress had power to incor- porate a bank ; ^ and five years later the court held that the United States could protect the bank against a state.^ Not only did Hamilton's opinion prevail with Washing- ton, but ultimately with Jefferson himself, who, when he became President, signed the act ^ which had passed Congress without a division to allow the bank to establish branches in the territories. The creation of the bank in 1791 gave rise to the formulation of two conflicting interpretations of the Con- stitution, familiarly known as the strict and the loose; the one of adhesion to the exercise of expressed powers, the other to that of implied also. This difference of inter- pretation may be traced throughout the political and con- stitutional history of the country since the organization of government under the Constitution. Primarily divid- ing over the powers of Congress, political parties have, as time passed, differed in like manner concerning the powers of the President and of the federal courts. The seam of this division in public opinion is visible through- out American political institutions. No party has contin- uously and persistently adhered to eith,er a strict or a loose construction of the Constitution. <^ The Federalists, loose or broad constructionists, in 1791, over the es- tablishment of a national bank, suddenly became strict constructionists in 1803, over the acquisition of the Lou- isiana country, their political opponents changing their attitude in like manner. But as strict constructionists or loose constructionists the classification of parties has long been made : this line of division perhaps being most easily traced. Generally speaking, the democratic party has insisted upon a strict construction of the powers of 1 McCullough V. Maryland (1810), 4 Wheaton, 316; Story's Com- mentaries, 1262. The decision was by Chief -Justice Marshall. 2 Osborn et al. v. Bank of the Northwest (1824), 9 Wheaton, 738; Marshall, 324; see also page 241 of the present work. Decision by Marshall. 3 March 23, 1804; Statutes at Large, vol. ii, p. 274. 124 A CONSTITUTIONAL HISTORY OF the federal government, — legislative, executive, and judicial ; and the adhesion to the principle has been one of its cardinal doctrines since the days of Jefferson. The Federalists, the National Republicans, the Whigs, and the Republicans, originating as a party in the days of Hamilton, have favored a broad construction of federal powers, the exceptional cases only establishing the rule. But the dictum of Hamilton that " necessity is expedi- ency " must ever be kept in mind when the attempt is made to generalize on the history of political parties in America. Four years after the incorporation of the bank, a question of vital importance was raised by the Jay treaty.^ Washington had sent Chief-Justice Jay as a special envoy to settle all questions of dispute between England and the United States. These were chiefly compensation for negroes taken by British troops during the revolu- tion ; the settlement of the boundary and the removal of British troops from the Northwest ; the payment of claims for property illegally seized by British authority; and the right of the people of the United States to trade, undisturbed by England, with neutral powers. The treaty was signed on the 19th of November, 1794. On the 24th of June of the following year it was ratified by the Senate, but meanwhile hostility to the treaty had taken form outside of Congress in the protests of public meet- ings and state legislatures against its approval by the President. Washington approved it. The House delayed voting the necessary appropriation for carrying it into effect. During the debates in the House, which were almost continuous from January till May, 1796, the treaty, which had been both ratified and amended by the Senate, arrived, after having been approved by the British gov- ernment. The House was not satisfied, and called for all papers on the treaty in the possession of the President, but he refused to deliver them on the ground of expedi- ency and the lack of authority of the House to call for them. 2 The House then took the position that, as the execution of the treaty would depend upon appropria- 1 Treaties and Conventions, pp. 379, 395. ' 2 Sparks' Washington, vol. xiii, p. 112. THE UNITED STATES 125 tions, and as these were within its control, therefore it had the right to pass judgment on the expediency of the treaty/ It also resolved that, if acting within its authority, it was not bound to declare the purpose for which it sought information from the President. The great question was not so much the right of the House to demand the papers as its constitutional right to refuse the appropriations for executing the treaty. The Democratic-Republicans, led by Madison, insisted on the constitutional right of the House to refuse them, and it was even argued that the House ought to participate in the treaty-making power. But even the strictest of strict constructionists could find no word in the Constitu- tion which empowered the House to participate in the making of treaties ; therefore the Republicans were com- pelled to base their argument on the ground of expediency and on the exclusive authority of the House to originate money bills and to regulate trade. The Republicans asserted that the Constitution clearly gave Congress power to lay and collect taxes and to regulate commerce with foreign nations, but as by the Constitution a treaty was a part of the supreme law of the land, it might follow that the Senate and the President, who possessed the treaty-making power, might make laws regulating com- merce and exclude the House from all participation. Indeed, treaties and the laws of Congress might conflict. The Federalists argued from the plain intent of the Constitution. Fisher Ames spoke so eloquently - in favor of voting the appropriation to execute the treaty, and his speech was so unanswerable, that the Republicans adjourned the House lest a vote should be taken. On the following day, the 30th of April, the House voted, though only by a majority of three, to carry the treaty into effect, and thus solved the question of appropriations. At the next session of Congress ^ the Senate was fed- eralist, the House democratic-republican.* Jay's treaty 1 Resolutions of April 7, 1796. 2 April 28, 1796; Johnston's American Orations, vol. i, p. 64. 2 The fifth Congress, May 15, 1797, March 3, 1799. * Senate, 21 Federalists, 11 Democrats; House, 51 Federalists, 45 Democrats. 126 A CONSTITUTIONAL HISTORY OF had offended France, and her aggressions upon our com- merce promised war. The Republicans at home were in sympathy with France, until the publication ^ of the insults heaped on Pinckney, Gerry, and Marshall, whom Adams had sent as special commissioners to France, turned the tide and so affected the elections as to give the Federalists control of both Houses. Eager to prevent a repetition of the late experience of the country at the hands of noisy foreigners residing within it, who had used libelous language and had engaged in unlawful enter- prises on behalf of the French Republicans, the Fed- eralists determined to increase the army and navy, to prevent the treason of citizens, and to silence the calumny of aliens. W'ith a majority in both branches they easily carried out their program. The naturalization laws were amended so that a foreigner was required to reside four- teen years, instead of five, in the country ; and to give five, instead of three, years' notice of his intention to become a citizen.'^ An alien enemy could not be natu- ralized. All resident aliens were to be registered and thus brought within the surveillance of the government. The President was empowered to expel from the country all aliens whom he adjudged dangerous to its peace and safety, or whom he suspected engaged in treasonable practices.^ In case of war with a foreign country, the President, at his discretion, might cause all resident aliens or citizens of that country to be arrested, and, if necessary, removed. The second of these laws was known as the alien act, and provoked widespread hostility.* The Republicans held ^ that it violated the right of personal liberty, and therefore infringed upon the state constitutions ; that it interfered with the right of free migration, and therefore was a direct injury to the states; and finally, that it was unconstitutional because it con- 1 The X Y Z despatches, October and November, 1797. 2 Act of June 19, 1798; Statutes at Large, vol. i, p. 566; Annals of Congress, p. 1570. 8 Acts of June 25, and July 6, 1798; Statutes at Large, vol. i, pp. 570, 577; Annals of Congress, p. 1566. * For the alien act, June 21;, the alien enemies act, July 6, and the sedition act, Julv 14, 1798, see Macdonald, pp. 141-146. ^ Madison's Works, vol. iv, p. 524; Annals of Congress, pp. 1631, 1773. THE UNITED STATES 127 fused executive with judicial functions. They held essentially the same opinions respecting the other two acts. By what constitutional right, they asked, could the President at his discretion declare a resident alien to be a public enemy? Or where was the constitutional authority for a law empowering the President to arrest a person, even an alien, who he might claim was engaged in treasonable undertakings? Clearly the law violated the rights of freedom of speech and the press which were given to every inhabitant of the country by the state constitutions. It also violated the right of habeas corpus, a right which every man had under the laws and consti- tutions of the commonwealths. In the face of all these formidable objections, the Fed- eralists persisted in passing the acts. Before they were on the statute books legislatures and political parties began a campaign against them.. The master spirit in this counter-revolution was Jefferson. He saw clearly that the Federalists were intent upon building up a strong executive department,^ — too strong, he believed, for the other parts of the Constitution. He and his followers, on the other hand, were equally ardent to strengthen the legislative. Political parties had not yet been thoroughly organized, but from the time of the enactment of the alien and sedi- tion laws are quite clearly defined. The two parties were the national party, or Federalists, and the state party, or Democrats. The Federalists would strengthen the gen- eral government, as the Democrats believed, at the expense of the states. The Democrats would strengthen the state governments, as the Federalists believed, at the expense of the United States. The decision of the supreme court in the case of Georgia had alarmed the state party, and it had taken up Iredell's dissenting opinion as the true and just interpretation of the Con- stitution. The eleventh amendment, ratified five years, lacking three weeks, after Wilson's decision, was a pro- nounced victory for the democratic party. While the 1 "The Constitutional History of the American People, 1776-1850," vol. i, pp. 169, 189. 128 A CONSTITUTIONAL HISTORY OF Federalists were carrying their odious alien and sedition acts through Congress, Jefferson and his friends sounded the alarm, and began the campaign which was to over- throw them. The state party took the ground that the acts were clearly unconstitutional. Pamphlets and newspaper articles pronouncing them so, rnultiplied in all quarters. Public meetings were called, especially in the South and West, and resolutions drawn up with great care were sent up to the legislatures. John Breckenridge presented a set of resolutions to the Kentucky legislature on the 7th of November, 1797. Jefferson was their author.^ After a week's debate, which was, in truth, a series of eulogies of the doctrine of the state party and an attack on the Federalists, the Kentucky resolutions passed. A similar set, written by Madison at Jefferson's request, was presented in the Virginia legislature on the 13th of December, and was adopted on the 24th. ^ These were the famous Virginia and Kentucky resolutions. A second set, also written by Jefferson, was adopted by the Kentucky legislature on the 22d of November, 1799.'' Though differing in phraseology, and somewhat in their teachings, the three sets of resolutions constituted a body of political doctrines of the gravest character. The three sets agreed in declaring that the Constitution was a com- pact to which the states were a party, and that the powers of the general government were limited by the plain sense of the Constitution. In case of a deliberate, palpable, and dangerous exercise of powers that had not been granted, the states were in duty bound to interpose and arrest the progress of the evil. The federal government was accused of seeking to enlarge its powers by a forced construction of the Constitution for the purpose of consol- idating the states into one sovereignty, the effect of which would be the transformation of the republic into a mon- archy. The Virginia and the two Kentucky resolutions, however they vary from a common expression, practically 1 For the resolutions, see Preston's Documents, p. 287 ; Elliot, vol. iv, p. 540. ^ Preston, p. 284; Elliot, vol. iv, p. 528. 8 Preston, p. 295 ; Elliot, vol. iv, p. 544. THE UNITED STATES 129 declared the alien and sedition acts unconstitutional, be- cause they violated the bills of rights, the very foundation of the state constitutions. And because the states which had formed the Constitution were sovereign and inde- pendent, they had the unquestionable right to judge of its infraction. The rightful remedy, therefore, was " a nullification by those sovereignties of all unauthorized acts done under color of that instrument." In brief, the reso- lutions claimed that the commonwealths were sovereign powers and denied sovereignty to the general government. Carried to their ultimate conclusion, the second Kentucky resolutions plainly asserted the right of a state to nullify a federal law. From this doctrine the right of secession was an inevitable deduction. The fateful idea of state sovereignty had now been clearly set forth and its practicable form suggested. Copies of the resolutions were sent to all the legislatures, and nine states made formal replies.^ Some of them defended the alien and sedition laws; Delaware declared that the Virginia resolutions were an unjustifiable inter- ference with the powers of the general government ; Ver- mont and Massachusetts asserted that no state legislature had the right to usurp the powers of a federal court. Not one state, save Virginia and Kentucky, had approved the resolutions. Jefferson and his friends did not expect such a repulse. The replies of the states were referred by the Virginia house of burgesses to a committee of which Madison was chairman, and he, taking up the original res- olutions article by article, labored in an elaborate report ^ to prove that they were in harmony with the express pro- visions of the federal Constitution. Madison did not hold to the doctrine of nullification, but he pronounced the fed- eral government a compact between the states, and declared that its powers were not original, but derivative. He cited the history of the country to prove the inaccuracy of the idea of national sovereignty. The states were the final arbi- trators. They were the creators of the general govern- ment ; it was their agent. Just at what time a state might 1 Elliot, vol. iv, p. S32. 3 Id. vol. iv, p. 546. 9 I30 A CONSTITUTIONAL HISTORY OF pronounce that a federal act was a palpable violation of its rights, he did not say, but he left the door open. Nulli- fication was to be worked out in the practical administra- tion of the government. The Kentucky and Virginia resolutions embodied the famous " doctrine of '98," and undoubtedly expressed the belief of the majority of the voters of the time. That this is true is shown in the elections of 1800, which put the democratic party in possession of the legislative and executive branches of the government. The campaign against the alien and sedition laws, which Jefferson and his friends began in 1798, had widened into a state movement and had taken permanent form in the organi- zation of a great political party, which, by its representa- tives in the House, was able, on the 17th of February, 1 801, on the thirty-sixth ballot, to elect Jefferson Presi- dent of the United States. The repeal of the alien and sedition acts followed soon after. The triumph of the Democratic-Republicans in 1800 seemed to establish the doctrines of the Kentucky resolutions. If they truly expressed the ruling principles of the American govern- ment, then the state legislatures were the final arbitrators ^ in all cases in which the constitutionality of an act of Congress was in doubt. An opportunity to apply the doctrine of '98 arose soon after the inauguration of Jefferson, out of the question of the constitutionality of the purchase of Louisiana. While the Constitution was before the states for ratifica- tion, the Mississippi question was one of the important matters demanding solution. The members of the Vir- ginia convention from the western, or Kentucky, district had resolutely stood out against ratification till convinced by Madison and Marshall, and by other supporters of the Constitution, that the new government did not intend to surrender the Mississippi to Spain. In North and South Carolina, whose territory extended westward to the great river, opposition was in part allayed by the same under- 1 Per contra Story's Commentaries, p. 1637 ; Marshall, p. 227. United States V. Peters (1809), 5 Cranch, 115; Gibbons v. Ogden (1824), 9 Whcaton, i. THE UNITED STATES 131 standing. On the ist of October, 1800, Spain ceded Louisiana to France, but the cession in no wise diminished the danger to American interests. A foreign power still controlled the mouth of the Mississippi, and one more to be feared than Spain. Jefiferson promptly declared that the possessor of New Orleans must be the natural and habitual enemy of the United States,^ and he in- structed Livingston, our ambassador at Paris, to begin negotiations with France for the acquisition of the two Floridas and of the island of Orleans. As Napoleon was at this time dreaming of a vast colonial policy, the matter received little attention. The disasters which soon over- took him compelled him to change his plans, and he let it be known to the American ambassador that he would sell Louisiana to the United States. Such an oppor- tunity could never occur again. On the 30th of April, 1803, a treaty was signed at Paris by which the United states acquired all of Louisiana for fifteen million dollars.^ By the terms of the treaty, the inhabitants of Louisiana were to be incorporated in the Union and as soon as possible were to be admitted to the enjoyment of all the rights, advantages and immunities of citizens of the United States ; and they were to be protected in the enjoy- ment of their liberty, property, and religion.^ A reci- procity clause opened the port of New Orleans for twelve years to the commerce and manufactures of France, Spain, and their colonies, but no other nation was entitled to like privileges. Though the purchase was of immeasurable importance I to the Union, its constitutionality was quickly attacked by the Federalists, yet not by the most famed member of the party ; for Hamilton, who seldom agreed with Jefferson, now agreed with him, that the unity of the United States and its best interests required the an- nexation of all territory west of the Mississippi.* The 1 April 18, 1802; Works, vol. iv, p. 431. 2 The aggregate cost for purchase money, interest, and claims assumed by the United States, paid to June 30, 1880, was ;?27, 267,621. 98; Donald- son's " Public Domain," p. 105. 8 Article III ; Treaties and Conventions, p. 332. * Works, vol. vi, p. 541. 132 A CONSTITUTIONAL HISTORY OF whole transaction was without precedent in our annals. Livingston and Monroe, who had conducted the negotia- tions, acknowledged that they had exceeded their instruc- tions, but at the same time were fully aware that they were carrying out Jefferson's wishes. The only thing for the President to do was to have the treaty ratified as soon as possible and without debate, for he knew the constitutional difficulty in the way. His plan, which was executed to the letter, was made easy by a republican majority in both Houses. On the 19th of October the senate ratified the treaty by a vote of twenty-four to seven, — ten votes to spare ; and the House, with equal promptness and zeal, voted the necessary appropriations and organized a territorial government, but, strange to say, on a monarchical plan ; for they empowered the Presi- ident, in the first act of the session, to take possession of the territory and to exercise military, civil and judicial powers over it at his discretion, till a territorial govern- ment in due form should be established.^ This unique law did not agree with Jefferson's prin- ciples of strict construction, but he approved it and at once carried it into effect. It gave the Federalists an opportunity to retaliate on Jefferson and accuse him of monarchical tendencies. John Randolph, the Republican leader in the House, even went so far as to attempt to prove that the acquisition strictly complied with the Con- stitution ; but he doubtless knew better. Not one word in that instrument expressly authorized the purchase. Not one word of which we have record, spoken in the federal convention, intimates that the framers anticipated the annexation of the Louisiana country. The transaction was at variance with the ideas of the Fathers. Even the states had not been consulted, and by the doctrine of '98, of which Jefferson was the chief author, they were the final arbitrators of the constitutionality of the treaty. In acquiring the vast domain, Jefferson showed states- manship of the highest order. He simply ignored the Constitution and secured for the American people a region of country most necessary to their general welfare, and he 1 October 31, 1803 ; Statutes at Large, vol. ii, p. 245. THE UNITED STATES 133 acted the part of an honest man when he frankly admitted that the Constitution made no provision for acquiring foreign territory or incorporating foreign nations into the Union. He confessed that he had done an act beyond the Con- stitution, but he beUeved that it was for the good of the country, and therefore Congress should ratify the treaty, pay for the acquisition, and then throw themselves on the country for doing an unauthorized act. But he thought that the position would be improved if the purchase was formally ratified in a constitutional amendment, and even went so far as to draw one up and wished to submit it to Congress. His political friends, wiser in this respect than he, but perhaps less scrupulous, failed to respond to his wishes and the matter dropped. Even while ignoring the Constitution, if it can be said that he did ignore it, but certainly in turning his back on his own party, Jeffer- son applied its teachings in a large way. He was right in believing that the majority of the American people would support him in his policy. He was considering the good of the whole people. His great act, therefore, remains unique in our history as a singular example of a party chief repudiating the doctrines of his political school long enough to carry through a transaction, every element of which contradicted those teachings. The ac- quisition of Louisiana was a fine, but not a final example of the elevation of expediency to principle without viola- tion to other principles of republican government on which the American system rests. The Federalists in like manner repudiated their party principles and attacked the transaction as unconstitu- tional. Necessarily their attack was weak, but what they lacked in argument they made up in threats. They de- clared that a constitutional amendment was a necessary preliminary to such a treaty, but the question was fully answered by Nicholson, of Maryland, that a sovereign nation always possesses the right to acquire new territory, and he cited the provision in the Constitution empowering Congress to dispose of and to make all needful rules and regulations respecting the territorial or other property of the United States ; but this was a federalist argument and 134 A CONSTITUTIONAL HISTORY OF was interpreting the Constitution on principles which the Republicans had all along held to be highly dangerous. There was, however, another objection. Pickering, of Massachusetts, declared in the Senate that a transaction of this kind, which so seriously affected the Union, could not be made without the assent of each state. " In like manner as in a commercial house, the consent of each member would be necessary to admit a new partner into the company," ^ but this partnership theory of the govern- ment was not a true federalist doctrine. Though the Republicans had made great use of it in exploiting the Kentucky and Virginia resolutions, they saw no relevancy in it now. Some of them blandly asked the Federalists how this partnership theory could be harmonized with their theory of a national instead of a federal govern- ment? The debate was altogether curious. Federalists had turned Republicans, and Republicans had turned Federalists. Hamilton was not the only broad constructionist who supported Jefferson. John Quincy Adams stood with him. Though differing as to the best means of removing all difficulty, Hamilton and Adams agreed that the pur- chase ought to be made. Adams favored ratification by the state legislatures as equivalent to a constitutional amendment, iDut this view squinted between the doctrine of '98 and the national doctrine of the Federalists, though it differed so widely from theirs that they straightway read Adams out of the party. Many of the Federalists, though not their greatest leaders, suddenly professed belief in the doctrine of '98, and advised its radical applica- tion. " Rather than approval of the treaty, let the federal- ist states secede from the Union," ^ but this program was too much for them, as at this time, only three states had federalist legislatures. Hamilton opposed this scheme, for he saw both its dangers and its absurdity. Some of the federalist leaders found themselves in correspondence with Aaron Burr, with what ultimate purpose is not exactly known, but apparently for secession. These dis- affected politicians persisted in saying that the acquisition 1 Debates of Congress, vol. iii, p. 13. 2 Jefferson's Works, vol. iv, p. 542. THE UNITED STATES 135 of Louisiana must injure the northern and eastern states beyond remedy. Not one FederaUst anticipated the ex- tension of slave territory which the purchase made pos- sible, and no man at this time foresaw the effect which the acquisition was to have upon the history of the slave power. The Republicans in their defence of the treaty made no hint at slavery extension. That evil was to come at a later day. The bitter controversy over the treaty in and out of Congress showed how political parties are dominate_d_ by their adhesion to expediency. The Louisiana purchase for a time exchanged the positions of Federalists and Republicans, nor did the irony of history cease with the close of the agitation. Twenty-five years after the pur- chase, the greatest of our judges, and one of the most uncompromising of Federalists, delivered an opinion, as chief-justice of the United States, which fully sustained the constitutionality of the purchase. The Constitution, said Marshall, confers absolutely on the government of the Union the powers of making war and of making treaties ; consequently, that government possesses the power of acquiring territory either by conquest or by treaty.^ Marshall was chief- justice at the time of the acquisition of Louisiana. A few of the more radical members of the political party to which he belonged, and they chiefly resided in New England, advocated secession from the Union rather than acquiescence in the treaty. It is an interesting question whether, had the case which reached him in 1828 come before him in 1803, he would have given a similar decision. It may be confidently asserted, however, that he would not have sustained an act of secession.^ In its constitutionality, the purchase of Louisiana became the precedent for all our later acquisitions. The question of secession came up again four years after the purchase of Louisiana in connection with the embargo of 1807,^ an act which bore heavily on the com- ^ The American Insurance Company i- ration 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 Leg- islature of any State, the Executive thereof may make temporary Appointments until the next Meeting of the Legislature, which shall then fill such Vacancies. ^No Person shall be a Senator who shall not have at- tained 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. *The Vice President of the United States shall be Pres- ident of the Senate, but shall have no Vote, unless they be equally divided. ^The Senate shall chuse their other Officers, and also a President pro tempore, in the absence of the Vice Presi- dent, or when he shall exercise the Office of President of the United States. ^The Senate shall have the sole Power to try all Im- peachments. When sitting for that Purpose, they shall be on Oath or Affirmation. When the President of the United States is tried, the Chief Justice shall preside: And no Person shall be convicted without the Concurrence of two thirds of the Members present. ''Judgment in Cases of Impeachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States: but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law. Section 4. ^ The Times, Places and Manner of hold- ing Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but 350 APPENDIX the Congress may at any time by Law make or alter such Regulations, except as to the Places of chusing Senators. Ex parte Siebold, loo U. S., 371 ; Ex parte Yarborough, no U. S., 651. ^The Congress shall assemble at least once in every Year, and such Meeting shall be on the first Monday in December, unless they shall by Law appoint a different Day. Section 5. ^ Each House shall be the Judge of the Elections, Returns and Qualifications of its own Mem- bers, 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 Attend- ance of absent Members, in such Manner, and under such Penalties as each House may provide. In re Loney, 134 U. S., 372. ^Each House may determine the Rules of its Proceed- ings, punish its Members for disorderly Behavior, and, with the Concurrence of two thirds, expel a Member. Anderson v. Dunn, 6 Wh., 204; Kilbourn v. Thompson, 103 U. S., 168; U. S. V. Bollin, 144 U. S., i. ^Each House shall keep a Journal of its Proceedings, and from time to time publish the same, excepting such Parts as may in their Judgment require Secrecy ; and the Yeas and Nays of the Members of either House on any question shall, at the Desire of one fifth of those Present, be entered on the Journal. ^Neither House, during the Session of Congress, shall, without the Consent of the other, adjourn for more than three days, nor to any other Place than that in which the two Houses shall be sitting. Section 6. ^ The Senators and Representatives shall receive a Compensation for their Services, to be ascer- tained 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. Coxe I'. M'Clenachan, 3 Dall., 478. THE CONSTITUTION 351 ^No Senator or Representative shall, during the Time for which he was elected, be appointed to any civil Ofifice under the Authority of the United States, which shall have been created, or the Emoluments whereof shall have been encreased during such time ; and no Person holding any Office under the United States, shall be a Member of either House during his Continuance in Office. Section 7. ^ All Bills for raising Revenue shall origi- nate in the House of Representatives ; but the Senate may propose or concur with Amendments as on other Bills. ^ Every Bill which shall have passed the House of Rep- resentatives 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 recon- sidered, 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 Ad- journment prevent its Return, in which Case it shall not be a Law. ^ Every Order, Resolution, or Vote to which the Con- currence of the Senate and House of Representatives may be necessary (except on a question of Adjournment) shall be presented to the President of the United States ; and before the Same shall take Effect, shall be approved by him, or being disapproved by him, shall be repassed by two thirds of the Senate and House of Representatives, according to the Rules and Limitations prescribed in the Case of a Bill. Section 8. The Congress shall have Power ^To lay 352 APPENDIX and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and gen- eral Welfare of the United States ; but all Duties, Im- posts and Excises shall be uniform throughout the United States ; Hylton V. United States, 3 Dall., 171 ; McCulloch v. State of Mary- land, 4 Wh., 316 ; Loughborough v. lilake, 5 Wh., 317; Osborn v. Bank of United States, 9 Wh., 73S ; Weston et al. v. City Council of Charles- ton, 2 Pet., 449; Dobbins z^. The Commissioners of Erie County, 16 Pet., 435; License C'ases, 5 How., 504; Cooley v. lioard of Wardens of Port of Philadelphia et al., 12 How., 299; McGuire v. The Commonwealth, 3 Wall., 387; Van Allen v. The Assessors, 3 Wall., 573; Bradley v. The People, 4 Wall, 459. License Tax Cases, 5 Wall., 462; Pervear v. The Commonwealth, 5 Wall., 475; Woodruff v. Parham, 8 Wall., 123; llinson v. Lott, 8 Wall., 148; Veazie Bank v. Fenno, 8 Wall., 533; The Collector v. Day, 11 Wall., 113; United States v. Singer, 15 Wall., iii; State Tax on Yox- eign-held Bonds, 15 Wall., 300; United States z/. Railroad Company, 17 Wall., 322; Railroad Company v. Peniston, 18 Wall., 5; Scholey v. Rew, 23 Wall., 331; Springer v. United States, 102 U. S., 586; Legal Tender Case, no U. S., 421 ; California v. Central Pacific Railroad Co., 127 U. S., i; Ratterman v. Western Union Telegraph Co., 127 U. S., 411; Leloup V. Port of Mobile, 127 U. S., 640; P'ield v. Clark, 143 U. S., 649; Pollock V. Farmers' Loan & Trust Co., 157 U. S., 429. 2 To borrow Money on the credit of the United States; McCullough V. The State of Maryland, 4 Wh., 316; Weston et al. v. The City Council of Charleston, 2 Pet., 449; Bank of Commerce v. New York City, 2 Black, 620; Bank Tax Cases, 2 Wall., 200; The Banks v. The Mayor, 7 Wall., 16; Bank v. Supervisors, 7 Wall., 26; Hepburn V. Griswold, 8 Wall., 603; National Bank v. Commonwealth, 9 Wall., 353; Parker v. Davis, 12 Wall., 457 ; Legal Tender Case, no U. S., 421. ^To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes ; Gibbons v. Ogden, 9 Wh., i ; Brown et als. v. State of Maryland, 12 Wh., 419; Wilson et al. ta Black Bird Creek Marsh Company, 2 Pet., 245 ; Worcester v. The State of Georgia, 6 Pet., 515 ; City of New York V. Miln, II Pet., 102; United States v. Coombs, 12 Pet., 72 ; Holmes v. Jennison et al., 14 Pet., 540; License Cases, 5 How., 504; Passenger Cases, 7 How., 2S3 ; Nathan v. Louisiana, 8 How., -jt^; Mager ?'. Grima et al., 8 How., 490 ; United States -j. Marigold, 9 How., 560 ; Cowley v. Board of Wardens of Port of Philadelphia, 12 How., 299; The Propeller Genesee Chief et al. v. Fitzhugh et al., 12 How., 443; State of Pennsyl- vania V. The Wheeling Bridge Co., 13 How., 518; Veazie et al. v. Moore, 14 How., 568; Smith -'. State of Maryland, 18 How., 71 ; State of Pennsylvania v. The Wheeling and Belmont Bridge Co. et al., i8 How., 421 ; Sinnitt v. Davenport, 22 How., 227 ; Foster et al. ■:;'. Daven- port et al., 22 How., 244; Conway et al. v. Taylor's Ex., i Black, 603; United States v. Holliday, 3 Wall., 407 ; Gilman v. Philadelphia, 3 THE CONSTITUTION 353 Wall., 713; The Passaic Bridges, 3 Wall., 782 ; Steamship Company w. Port Wardens, 6 Wall., 31 ; Crandall v. State of Nevada, 6 Wall., 35 ; "White's Bank v. Smith, 7 Wall., 646; Waring v. The Mayor, 8 Wall., no; Paul V. Virginia, 8 Wall., 16S ; Thomson v. Pacific Railroad, 9 Wall., 579; Downham et al. c. Alexandria Council, 10 Wall., 173; The Clinton Bridge, 10 Wall., 454; The Daniel Ball, 10 Wall., 557; Liver- pool Insurance Company z-. Massachusetts, 10 Wall., 566; The Mon- tello, II Wall., 411; Ex parte McNiel, 13 Wall, 236; State Freight Tax, 15 Wall., 232; State Tax on Railway Gross Receipts, 15 Wall., 284; Osborn v. Mobile, 16 Wall., 479; Railroad Company v. Fuller, 17 Wall., 560; Bartemever 57. Iowa, 18 Wall., 129; The Delaware Railroad Tax, 18 Wall., 206; Peete v. Morgan, 19 Wall., 581 ; Railroad Company V. Richmond, 19 Wall., 584; B. and O. Railroad Company v. Maryland, 21 Wall., 456; The Lottawanna, 21 Wall., 558; Henderson et al. v. The Mayor of the City of New York, 92 U. S., 259; Chy Lung v. Freeman et al., 92 U. S., 275 ; South Carolina v. Georgia et al, 93 U. S., 4 ; Sher- lock et al. V. Ailing, adm., 93 U. S., 99; United States v. Forty-three Gallons of Whisky, etc., 93 U. S., 188; Fosterer. Master and Wardens of the Port of New Orleans, 94 U. S., 246; Railroad Co. z\ Husen, 95 U. S., 465; Pensacola Tel Co. v. W. U. Tel. Co., 96 U. S., i ; Beer Co. V. Massachusetts, 97 U. S., 25; Cook v. Pennsylvania, 97 U. S., 566; Packet Co. v. St. Louis, 100 U. S., 433; Wilson v. McNamee, 102 U. S., 572; Moran v. New Orleans, 112 U. S., 69; Head Money Cases, 112 U. S., 580; Cooper Mfg. Co. v. Ferguson, X13 U. S., 727; Glouces- ter Ferry Co. v. Pennsylvania, 114 U. S., 196; Brown v. Houston, 114 U. S. 622; Walling v. Michigan, 116 U. S., 446; Pickard v. Pullman, Southern Car Co., 117 U. S., 34; Tennessee v. Pullman Southern Car Co., 117 U. S., 51; Spraigue v. Thompson, 118 U. S., 90; Morgan v. Louisiana, 118 U. S., 455; Wabash, St. Louis and Pacific Ry. v. Illi- nois, 118 U. S., 557; Huse V. Glover, 119 U. S., 543; Robbins v. Shelby Co. Taxing Dist., 120 U. S., 489; Corson v. Maryland, 120 U. S., 502; Barron v. Burnside, I2X U. S., 186; Fargo v. Michigan, 121 U. S., 230; Ouachita Packet Co. v. Aiken, 121 U. S. 444; Phila. and Southern S. S. Co. v. Penna., 122 U. S., 326; W. U. Tel. Co. v. Pendle- ton, 122 U. S., 347; Sands v. Manistee River Imp. Co., 123 U. S., 288; Smith V. Alabama, 124 U, S. 465; Willamette Iron Bridge Co., V. Hatch, 125 U. S., I ; Pembina Mine Co. v. Penna., 125 U. S., iSi ; Bowman v. Chicago Northwestern Rwy. Co., 125 U. S., 465; Western Union Tel. Co. v. Mass., 125 U. S., 530; California v. Central Pacific R. R. Co., 127 U. S., I ; Leloup v. Port of Mobile, 127 U. S., 640; Kidd V. Pearson, 128 U. S., i ; Asher v. Texas, 128 U. S., 129; Stoutenberg v. Hennick, 129 U.S., 141 ; Western Union Tel. Co. v. Alabama, 132 U. S., 472 ; Fritts v. Palmer, 132 U. S., 282 ; Louisville, N. O., &c.. Railway v. Mississippi, 13-, U. S., 587; Leisy v. Hardin, 135 U. S., 100; Lyng v. Michigan, 13s U. S., 161 ; Cherokee Nation v. Kansas Railway Co., 135 U. S., 641 ; McCall v. California, 136 U. S., 104; Norfolk & Western R. Rd. V. Pennsylvania, 136 U. S., 114; Minnesota v. Barber, 13S U. S , 313; Texas & Pacific Ry. Co. v. Southern Pacific Co., 137 U. S., 48; Brimmer v. Rebman, 138 U. S., 78; Manchester v. Mass., 139 U. S., 240; In re Rahrer, 140 U. S., 545; Pullman Palace Car Co. v. Penna., 141 U. S., 18; Pullman Palace Car Co. v. Hayward, 14! U. S., 36; Ma.ss. v. West'n Union Tel. Co., 141 U. S., 40; Crutcher v. Kentucky, 141 U. S., 47; Henderson Bridge Co. v. Henderson, 141 U. S., 679; In re Garnett, 141 U. S., I ; Maine v. Grand Trunk Ry. Co., 142 U. S., 217 ; Mishimura 23 354 APPENDIX Ekin V. U. S., 142 U. S., 651 ; Pacific Ex. Co. v. Seibert, 142 U. S., 339; Horn Silver Mining Co. v. New York, 143 U. S., 305 ; Chic. & Grand Trunk Ry. Co. v. Wellman, 143 U. S., 339; Budd v. N. Y., 143 U. S., 517 ; Ficklen v. Shelby Co. Taxing Dist., 145 U. S., i ; Lehigh Valley R. Rd. V. Pennsylvania, 145 U. S., 192 ; Interstate Commerce Comm'n v. B. & O. R. Rd., 145 U. S., 264; Brennan v. Titusville, 153 U. S., 289; Brass v. Stoeser, 153 U. S.,391 ; Ashley v. Ryan, 153 U. S., 436 ; Liixton V. N. River Bridge Co., 153 U. S., 529; Erie R. Rd. z/. Penna., 153 U. S., 62S ; Postal Tel. Cable Co. v. Charleston, 153 U. S., 692; Covington & Cinc'ti Bridge Co.?/. Ky., 154 U. S., 204; Plumley v. Mass., 155 U. S., 461 ; Texas & Pacific Rwy. Co. v. Interstate Transfer Co., 155 U. S., 585; Hooper z/. Calif., 155 U. S., 648; Postal Tel. Cable Co. v. Adams, 155 U. S., 688; U. S. v. E. C. Knight & Co., 156 U. S., i ; Ernest v. Missouri, 156 U. S., 296; N. Y., L. E. & West'n v. Penna.. 158 U. S., 431 ; Pittsburgh & So. Coal Co. v. I]ates, 156 U. S., 577 ; Pittsburgh & So. Coal Co. V. La., 156 U. S., 590; Gulf, Colo. & S. F. Rwy. Co. v. Hefley, 158 U. S., 98; In re Debs, 158 U. S., 564. ^To establish an uniform Rule of Naturalization,^ and uniform Laws on the subject of Bankruptcies throughout the United States ; ^ ^Sturges V. Crowninshield, 4 Wh., 122 ; 2 McMillan v. McNeil, 4 Wh., 209; 2 Farmers and Mechanics' Bank, Pennsylvania, 7'. Smith, 6 Wh., 131 ; ^Ogden v. Saunders, 12 Wh., 213; "-Boyle v. Zacharie and Turner, 6 Pet., 348; iGassies v. Ballon, 6 Pet., 761 ; ^ Beers et al. v. Haughton, 9 Pet., 329; ^Suydam et al. v. Broadnax, 14 Pet., 67 ; -Cook v. Moffat et al, 5 How., 295; ^Dred Scott v. Sanford, 19 How., 393. ^To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures ; Briscoe v. The Bank of the Commonwealth of Kentucky, it Pet., 257 ; Fox V. The State of Ohio, 5 How., 410; United States v. Marigold, 9 How., 560. ^To provide for the Punishment of counterfeiting the Securities and current Coin of the United States ; Fox z'. The State of Ohio, 5 How., 410; United States v. Marigold, 9 How., 560. 'To establish Post Offices and post Roads; State of Pennsylvania v. The Wheeling and Belmont Bridge Com- pany, 18 How., 421 ; Homer v. U. S , 143 U. S., 207 ; In re Rapier, 143 U. S., no; In re Debs, 158 U. S., 564. ^To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors THE CONSTITUTION 355 the exclusive Right to their respective Writings and Discoveries ; Grant et al. z/. Raymond, 6 Pet., 218; Wheaton et als. z/. Peters, et als., 8 Pet., 591. »To constitute Tribunals inferior to the supreme Court; ^°To define and punish Piracies and Felonies committed on the high Seas, and Offenses against the Law of Nations ; United States v. Palmer, 3 Wh., 610 ; United States v. Wiltberger, 5 Wh., 76; United States v. Smith, 5 Wh., 153; United States v. Pirates, 5 Wh., 184; United States z'. Arizona, 120 U. S., 479. "To declare War, grant Letters of Marque and Re- prisal, and make Rules concerning Captures on Land and Water ; Brown z/. United States, 8 Cr., no; American Insurance Company et al. V. Canter (356 bales cotton), i Pet., 511 ; Mrs. Alexander's Cotton, 2 Wall., 404; Miller v. United States, 11 Wall, 268; Tyler v. Defrees, II Wall., 331; Stewart v. Kahn, 11 Wall., 493; Hamilton v. Dillin, 21 Wall., 73; Lamar, ex., v. Browne et al., 92 U. S., 187. ^2 To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years ; Crandall v. State of Nevada, 6 Wall, 32. ^^To provide and maintain a Navy; United States v. Bevans, 3 Wh., 336; Dynes v. Hoover, 20 How., 65. "To make Rules for the Government and Regulation of the land and naval Forces ; ^^To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions ; Houston V. Moore, 5 Wh., i ; Martin v. Mott, 12 Wh., 19; Luther z/. Borden, 7 How., i ; Crandall v. State of Nevada, 6 Wall., 35; Texas V. White, 7 Wall., 700. "To provide for organizing, arming, and disciphning 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^ 356 APPENDIX and the Authority of training the Militia according to the discipline prescribed by Congress ; Houston V. Moore, 5 Wh., i ; Martin v. Mott, 12 \Vh., 19; Luther v. Borden, 7 How., i. ^^To exercise exclusive Legislation in all Cases what- soever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the Accept- ance of Congress, become the Seat of the Government of the United States, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock- Yards, and other need- ful Buildings; — And Hepburn et al. v. Ellzey, 2 Cr., 444; Loughborough v. Blake, 5 Wh., 317 ; Cohens v. Virginia, 6 Wh., 264 ; American Insurance Company v. Canter (356 bales cotton), i Pet, 511; Kendall, Postmaster-General v. The United States, 12 Pet., 524; United States v. Dewitt, 9 Wall., 41 ; Dunphy v. Kleinsmith et al., 11 Wall., 610; Willard v. Presbury, 14 Wall., 676; Phillips v. Payne, 92 U. S., 130; United States v. Fox, 94 U. S., 315; National Bank v. Yankton County, loi U. S., 129; Ft. Leavenworth R. Rd. Co. v. Howe, 114 U. S., 525; Benson v. U. S., 146 U. S., 325; Shoemaker v. U. S., 147 U. S., 2S2. "To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof. McCulloch V. The State of Maryland, 4 Wh., 316; Wayman v. Southard, 10 Wh., i ; Bank of United States v. Halstead, 10 Wh., 51 ; Hepburn v. Griswold, 8 Wall., 603 ; National Bank v. Commonwealth, 9 Wall., 353 ; Thomson v. Pacific Railroad, 9 Wall , 579 ; Parker z. Davis, 12 Wall., 457; Railroad Company t'. Johnson, 15 Wall., 195; Railroad Company z/! Peniston, 18 Wall., 5; Legal Tender Case, no U. S., 421; In re Coy, 127 U. S., 731 ; Stoutenburgh v. Hennick, 129 U. S., 141 ; Chinese Ex. Case, 130 U. S., 581 ; In re Neagle, 135 U. S., i ; St. Paul, Minneapolis & Manitoba Ry. Co. v. Phelps, 137 U. S., 528; Homer v. U. S., 143 U. S., 570; Logan v. U. S., 144 U. S., 263; Fong-Yue Ting V. U. S., 149 U. S., 698; Lees v. U. S.. 150 U. S., 476; Lu.xton v. North River Bridge Co., 153 U. S., 529; Erie R. Rd. v. Penna., 153 U. S.. 628; Postal Tel. Cable Co. v. Charleston, 153 U. S., 692; Clune v. U. S., 159 U. S., 590. Sfxtion 9. ^The Migration or Importation of such Persons as any of the States now existing shall think proper to admit, shall not be prohibited by the Congress THE CONSTITUTION 357 prior to the Year one thousand eig-ht hundred and eight, but a Tax or duty may be imposed on such Importation, not exceeding ten dollars for each Person. Dred Scott v. Sanford, 19 How., 393. -The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Inva- sion the public Safety may require it. United States v. Hamilton, 3 Dall., 17 ; Hepburn et al. v. Ellzey, 2 Cr., 445; Ex parte Bollman and Swartwout, 4 Cr., 75; Ex parte Kearney 7 \Vh., 38; Ex parte Tobias Watkins, 3 Pet., 192; Ex parte Milburn, 9 Pet., 704; Holmes v. Jennison et al., 14 Pet., 540; Ex parte Dorr, 3 How., 103; Luther v. Borden, 7 How., i ; Ableman v. Booth and United States V. Booth, 21 How., 506; Ex parte yallinclj i;j>am, i Wall., 243; Ex parte Mulligan, 4 Wall., 2; iix parte McC:arcrier7~Wall., 506; Ex parte Yerger,8 Wall., 85 ; Tarble's Case, 13 Wall., 397 ; Ex parte Lange, 18 Wall., 16; Ex parte Parks, 93 U. S., 18; Ex parte Karstendick, 93 U. S., 396; Ex parte Virginia, 100 U. S., 339; In re Neagle, 135 U. S., 1 ; In re Duncan, 139 U. S., 449. ^No Bill of Attainder or ex post facto Law shall be passed. Fletcher v. Peck, 6 Cr., 87; Ogden v. Saunders, 12 Wh.,213; W^atson et al. V. Mercer, 8 Pet., 88; Carpenter et al. v. Commonwealth of Penn- sylvania, 17 How., 456; Locke v. New Orleans, 4 Wall., 172 ; Cummings V. The State of Missouri, 4 W^all, 277 ; Ex parte Garland, 4 Wall., 333; Drehman v. Stifle, 8 Wall., 595; KHnger v. State of Missouri, 13 Wall., 257; Pierce w. Carskadon, 16 Wall., 234; Holden v. Minnesota, 137 U. S., 483; Cook V. U. S., 138 U. S., 157. *No Capitation, or other direct, Tax shall be laid, unless in Proportion to the Census or Enumeration herein before directed to be taken. License Tax Cases, 5 Wall., 462 ; Springer v. United States, 102 U. S., 5S6; Pollock V. Farmers' Loan & Trust Co., 157 U. S., 429. ^No Tax or Duty shall be laid on Articles exported from any State. Cooiey V. Board of Wardens of Port of Philadelphia, 12 How., 299; Page V. Burgess, collector, 92 U. S., 372; Turpin v. Burgess, 117 U. S., 504; Pittsburgh & Southern Coal Co. v. Bates, 156 U. S., 577. °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. Cooiey V. Board of Wardens of Port of Philadelphia et al., 12 How., 299; State of Pennsylvania z/. Wheeling and Belmont Bridge Company 358 APPENDIX et al., iS How., 421 ; Munn v. Illinois, 94 U. S., 113; Packet Co. v. St. l.ouis, 100 U. S., 413; Packet Co. v. Catlettsburg, 105 U. S., 559; Morgan S. S. Co. v. La. Board of Health, 118 U. S., 455. '^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 Ex- penditures of all public Money shall be published from time to time. *No Title of Nobility shall be granted by the United States : And no Person holding any Office of Profit or Trust under them, shall, without the Consent of the Con- gress, accept of any present, Emolument, Office, or Title, of any kind whatever, from any King, Prince, or foreign State. Section io. ^No State shall enter into any Treaty, Alliance, or Confederation ; grant Letters of Marque and Reprisal ; coin Money ; emit Bills of Credit ; ^ make any Thing but gold and silver Coin a Tender in Payment of Debts ; pass any Bill of Attainder, ex post facto Law,^ or Law impairing the Obligation of Contracts,^ or grant any Title of Nobility. 2Calder and Wife v. Bull and Wife, 3 Ball., 386; 3 Fletcher v. Peck, 6 Cr., 87; 2 State of New Jersey v. Wilson, 7 Cr., 164; i^Sturgis v. Crowninsliield, 4 Wh,, 122; ^ McMillan v. McNeil, 4 Wh., 209; ^Dart- mouth College v. Woodward, 4 Wh., 518; ^Ovvings v. Speed, 5 Wh., 420; * P'armers and Mechanics' Bank v. Smith, 6 Wh., 131; 3 Green et al. V. Middle, 8 Wh., i ; ^Ogden v. Saunders, 12 Wh., 213; s Mason V. Haile, 12 Wh., 370; ^ Satterlee v. Matthewson, 2 Pet., 380; ^ Hart v. Lamphire, 3 Pet., 280; ^Craig et al. v. State of Missouri, 4 Pet., 410; '^ Providence Bank t-. IJillings and Pitman, 4 Pet., 514; ^ Byrne v. State of Missouri, 8 Pet., 40; ^ Watson v. Mercer, 8 Pet., 88; ^ Mumma z/. Potomac Company, 8 Pet., 281; ^Beers v. Haughton, 9 Pet., 329; 1 Briscoe et al. r'. The Bank of the Commonwealth of Kentucky, 11 Pet., 257 ; 3 The Proprietors of Charles River Bridge v. The Proprietors of Warren Bridge, 11 Pet., 420; ^ Armstrong v. The Treasurer of Athens Company, 16 Pet., 281 ; ^ Bronson v. Kinzie et al., i How., 311 ; 2 McCracken z/. Hay ward, 2 How., 608 ; ^ Gordon 57. Appeal Tax Court, 3 How., 133; 8 State of Maryland v. Baltimore and (3hio R. R. Co., 3 How., 534; 3 Neil, Moore & Co., v. State of Ohio, 3 How., 720; ^Cook V. Moffatt, 5 How., 295; 2 Planters' Bank v. Sharp et al., 6 How., 301 ; 3 West River Bridge Company v- Dix et al., 6 IIovv., 507; "^Crawford et al. V. Branch Bank of Mobile, 7 How., 279; ^ Woodruff v. Trapnall, 10 How., 190; 3 I'aup et al. v. Drew, 10 How., 21S; '^, ''Baltimore and Susquehanna R. R. Co. v. Nesbitt et al., 10 How., 395 ; ^ Butler et al. v. Pennsylvania, 10 How., 402 ; l Harrington et al. v. The Pjank of Alahami, 13 How., 12; 2 Richmond, etc., R. R. Co., v. The Louise R. R. Co, 13 THE CONSTITUTION 359 How., 71; 8 Trustees for Vincennes University v. State of Indiana, 14 How., 26S ; i^Curran v. State of Arkansas et al., 15 How., 304; 3 State Bank of Ohio v. Knoop, 16 How., 369; ^ Carpenter et al. v. Commonwealth of Pennsylvania, 17 How., 456; ^ Dodge v. Woolsey, 18 How., 331; '^ Beers v. State of Arkansas, 20 How., 527; 3 Aspin- wall et al. v. Commissioners of County of Daviess, 22 How., 364; 3 Rector of Christ Church, Philadelphia, v. County of Philadelphia, 24 How., 300; 3 Howard v. Bugbee, 24 How., 461 ; 5*Jefiferson Branch liank V. Skelley, i Black, 436 ; » Franklin Branch Bank v. State of Ohio, i Black, 474 ; ^ Trustees of the Wabash and Erie Canal Company v. Beers, 2 Black, 448; ^(Jilman v. City of Sheboygan, 2 Black, 510; ^ Bridge Pro- prietors V. Hoboken Company, i Wall., 116; ^ Hawthorne v. Calef, 2 Wall., 10; 3The Binghamton Bridge, 3 Wall., 51; ^The Turnpike Company v. The State, 3 Wall., 210; ^Locke v. City of New Orleans, 4 Wall., 172 ; 3 Railroad Company v. Rock, 4 Wall., 177 ; ^Cummings v. State of Missouri, 4 Wall., 277 ; ^ Ex parte Garland, 4 Wall., t^h ; 3 Von Hoffman v. City of Quincy, 4 Wall., 535; ^ Mulligan v. Corbin, 7 Wall., 487; sp^urman v. Nichol, 8 Wall., 44; ^ Home of the Friendless v. Rouse, 8 Wall, 430; ^The Washington University v. Rouse, 8 Wall., 439; ^Butz V. City of Muscatine, 8 Wall., 575; 3 Drehman v. Stifle, 8 Wall., 595 ; 3 Hepburn v. Griswold, 8 Wall., 603 ; -^ Gut v. The State, 9 Wall., 35; 3 Railroad Company v. McClure, 10 Wall., 511; 3 Parker v. Davis, 12 Wall., 457; 3 Curtis v. Whiting, 13 Wall., 68; 3 Pennsylvania College Cases, 13 Wall., 190; 3 Wilmington R. R, V. Reid, sheriff, 13 Wall., 264 ; Salt Company v. East Saginaw, 13 Wall., 373; 3 White v. Hart, 13 Wall., 646;'3 0sborn v. Nichol- son et al., 13 Wall., 654; 3 Railroad Company v. Johnson, 15 Wall., 195; 3Case of the State Tax on Foreign-held Bonds, 15 Wall., 300; ^Tomlinson v. Jessup, 15 Wall., 454; 3 Tomlinson v. Branch 15 Wall., 460; 3 Miller t. The State, 15 Wall., 478; 3 Holyoke Company V. Lyman, 15 Wall., 500; 3Gunn v. Barry, 15 Wall., 610; 3 Humphrey v. Pegues, 16 Wall., 244; 3 Walker v. Whitehead, 16 Wall., 314; 3 Sohn V. Waterson, 17 Wall., 596; 3 Barings v. Dabney, 19 Wall., i ; 3 Head v. The University, 19 Wall., 526; 3 Pacific R. R. Co. v. Maguire, 20 Wall., 36; 3 Garrison v. The City of New York, 21 Wall., 196; 3 Ochiltree v. The Railroad Company, 21 Wall., 249; 3 Wilmington, &c.. Railroad v. King, ex., 91 U. S., 3; 3 County of Moultrie v. Rockingham Ten Cent Savings Bank, 92 U. S., 631 ; 3 Home Insurance Company v. City Coun- cil of Augusta, 93 U. S., 116; 3 West Wisconsin R. R. Co. v. Super- visors, 93 U. S., 595; Murray v. Charleston, 96 U. S., 432 ; Edwards v. Kearzey, 96 U. S., 595; Keith v. Clark, 97 U. S., 454; Railroad Co. V. Georgia, 98 U. S., 357 ; Railroad Co. v. Tennessee, loi U. S., -^y] ; Weight V. Nagle, loi U. S., 791 ; Stone v. Mississippi, loi U. S., 814; Railroad Co. v. Alabama, loi tj. S., 832; Louisiana v. New Orleans, loi U. S., 203; Hall V. Wisconsin, 103 U. S., 5; Pennyman's Case, 103 U. S., 7t4; Guaranty Co. v. Board of Liquidation, 105 U. S., 622; Greenwood v. Freight Co., 105 U. S., 13; Kring v. Missouri, 107 U. S., 221 ; Louisiana v. New Orleans, 109 U. S., 285; Gilfillan v. Union Canal Co., 109 U. S., 401 ; Nelson v. St. Martin's Parish, in U. S., 716; Chic. Life Ins. Co. v. Needles, 113 U. S., 574; Virginia Coupon Cases, 114 U. S., 270; Amy v. Shelby Co., 114 U. S., 3S7 ; Effinger v. Kennev, 115 U. S., 566; N. Orleans Gas Co. v. La. Light Co., m; U. S., 650; N. Orleans Water Works v. Rivers, 115 U. S!, 674; Louisville Gas Co. z/. Citizens' Gas Co., 115 U. S., 683; Fisk v. Jefferson Police Jury, 116 36o APPENDIX U. S., 131 ; Stone v. Farmers' Loan and Trust Co., 116 U. S., 307; Stone V. 111. Central R. R. Co., 116 U. S., 347; Royall v. Virginia, 116 U. S., 572; St. Tammany Water Works v. N. Orleans Water Works, 120 U. S., 64; Church v. Kelsey, 121 U. S., 282; Lehigh Water Co. z. Easton, 121 U. S., 38S; Seibert v. Lewis, 122 U. S., 284; N. Orleans Water Works v. La. Sugar Ref. Co., 125 U. S., 18; May- nard v. Hill, 125 U. S., 140; Jaehne v. N. Y., 12S U. S., 189; Denny v. Bennett, 128 U. S., 489; Chinese Ex. Case, 130 U. S., 588; Williamson V. N. J., 130 U. S., 189; Hunt V. Hunt, 131 U. S., clxv ; Freeland v. Williams, 131 U. S., 405 ; Campbell v. Wade, 134 U. S., 34 ; Penna. R. Rd. Co. V. Miller, 134 U. S., 75 ; Hans v. Louisiana, 134 U. S., i ; North Carolina v. Temple, 134 U. S., 22; Crenshaw v. U. S., 134 U- S., 99; Louisiana ex rel. The N. Y. Guaranty and Indemnity Co. v. Steele, 134 U. S., 280; Minneapolis Eastern Rwy. Co. v. Minnesota, 134 U. S., 467 ; Hill V. Merchants' Ins. Co., 134 U. S., 515; Medley, petitioner, 134 U. S,, 160; Cherokee Nation v. Kansas Ry. Co., 641 ; Virginia Coupon Cases, 135 U. S., 662; Mormon Church v. U. S., 136 U. S., i ; W^heeler V. Jackson, 137 U. S., 245; Holden v. Minnesota, 137 U. S., 483; Sioux City Street Railway Co. v. Sioux City, 138 U. S., 98; Cook v. U. S., 138 U. S., 157; Belmont Bridge Co. v. Wheeling Bridge Co., 138 U. S., 287 ; Cook County v. Calumet and Chicago Canal Co., 138 U. S., 635; Pennoyer v. McConnaughty, 139 U. S., i ; Scotland County Court v. Hill, 139 U. S., 41 ; Scott v. Neely, 139 U. S., 106; Essex Public Road Board v. Shinkle, 140 U. S., 334 ; Stein v. Bienville Water Supply Co., 141 U. S.,67 ; Henderson Bridge Co. v. Henderson, 141 U. S., 679; New Orleans v. N. O. Water W'ks, 142 U. S., 79; Pacific Ex. Co. v. Seibert, 142 U. S.,339; N. O. City & Lake R. Rd. Co. v. New Orleans; Winona & St. Peter R. Rd. Co. v. Plainview, 143 U. S., 371 ; Louisville Water Co. 57. Clark, 143 U. S., i ; N. Y. v. Squire, 145 U. S., 175; Brown v. Smart, 145 U. S., 454; Baker's Exrs. v. Kilgore, 145 U. S., 487 ; Morley V. Lake Shore & Mich. Southern Ry. Co., 146 U. S., 162 ; Hamilton, Ga., Ltd., Coke Co.t/. Hamilton, 146 U. S., 258 ; Wilmington & Weldon R. Rd. Co. V. Alsbrook, 146 U. S., 279; Butley v. Gorley, 146 U. S., 303; Ills. Cent. R. Rd. v. Ills., 146 U. S., 387; Morley t/. Lake Shore & Mich. So. Rwv. Co., 146 U. S., 162; Hamilton Gas L't Qo. v. Hamilton Citv, 146 U. S., 238 ; Wil. & Wei. R. R. Co. v. Alsbrook, 146 U. S., 279; Ill.'Cent. R. Rd. Co. V. Illinois, 146 U. S., 387; Bier v. McGehee, 148 U. S., 137 ; Schurz z'. Cook, 148 U. S., 397; Eustis z'. Bolles, 150 U. S., 361 ; Duncan V. Missouri, 152 U. S., 377; Israel i'. Arthur, 152 U. S., 355; New Orleans v. Benjamin, 153 U. S., 411 ; Eagle Ins. Co. v. Ohio, 153 U- S., 446; Erie R. Rd. r. Penna., 153 U. S., 628 ; Mobile & Ohio R. Rd. v. Tenn., 153 U. S., 486; Pittsburgh & So. Coal Co. v. La., 156 U. S., 590; U. S. ex rel. Siegel v. Thoman, 156 U. S., 353; City and Lake R. Kd. v. N. O., ii;7 U. S., 219; Central Land Co. v. Laidley, 159 U. S. 103; Winona & St. Peter Land Co. v. Minn., 159 U. S., 528. ^No State shall, without the Consent of the Congress, lay any Imposts or Duties on Imports or Exports, except what may be absolutely necessary for executing it's in- spection 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 THE CONSTITUTION 361 all such Laws shall be subject to the Revision and Con- troul of the Congress. McCuUoch V. State of Maryland, 4 Wh., 316; Gibbons v. Ogden, 9 Wh., I ; Brown v. The State of Maryland, 12 Wh., 419; Mager v. Grima et al.,8 How., 490; Cooley v. Board of Wardens of Port of Philadelphia et al., 12 How., 299; Almy v. State of California, 24 How., 169; License Tax Cases, 5 Wall., 462 ; Crandall v. State of Nevada, 6 Wall., 35 ; Waring v. The Mayor, 8 Wall., no; Woodruff v. Perham, 8 Wall., 123; Hinson v. Lott, 8 Wall., 148 ; State Tonnage Tax Cases, 12 Wall., 204 ; State Tax on Railway Gross Receipts, 15 Wall., 284; Inman Steamsliip Company v. Tinker, 94 U. S., 238 ; Cook v. Pennsylvania, 97 U. S., 560; Packet Co. v. Keokuk, 95 U. S. 80 ; People v. Compagnie Generale Trans- atlantique, 107 U. S., 59; Brown v. Houston, 114 U. S., 622; Pittsburgh & So. Coal Co. V. Bates, 156 U. S., 577; Pittsburgh & So. Coal Co. v. La., 156 U. S., 590. ^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. Green v. Biddle, 8 Wh., i ; Poole et al. v. The Lessee of Fleeger et al., II Pet., 185 ; Cooley v. Board of Wardens of Port of Philadelphia et al., 12 How., 299; Peete v. Morgan, 19 Wall., 5S1 ; Cannon v. New Orleans, 20 Wall., 577 ; Inman Steamship Company v. Tinker, 94 U. S., 238; Packet Co. v. St. Louis, 100 U. S., 423; Packet Co. v. Keokuk, 95 U. S., 80 ; Vicksburg v. Tobin, 100 U. S., 430; Packet Co. v. Catletts- burg, 105 U. S., 559; Morgan Steamship Company v. Louisiana Board of Health, 118 U. S., 455; Ouachita Packet Co. v. Aiken, 121 U. S., 444; Huse V. Glover, 119 U. S., 543; Harmon v. Chicago, 147 U. S., 396; Va. V. Tenn., 148 U. S., 503; Wharton v. Wise, 153 U. S., 155. ARTICLE II. Section i. ^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, to- gether with the Vice-President, chosen for the same Term, be elected, as follows -Each State shall appoint, in such Manner as the Leg- islature 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 362 APPENDIX of Trust or Profit under the United States, shall be ap- pointed an Elector. Chisholm, ex., v. Georgia, 2 Dall., 419; Leitensdorfer et al. v. Webb, 20 How., 176; Ex parte Siebold, 100 U. S., 271 ; McPherson v. Blacker, 146 U. S., I. * [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 them- selves. And they shall make a List of all the Persons voted for, and of the Number of Votes for each ; which List they shall sign and certify, and transmit sealed to the Seat of the Government of the United States, directed to the President of the Senate. The President of the Senate shall, in the Presence of the Senate and House of Representatives, open all the Certificates, and the Votes shall then be counted. The Person having the greatest Number of Votes shall be the President, if such Number be a Majority of the whole Number of Electors ap- pointed ; and if there be more than one who have such Majority, and have an equal Number of Votes, then the House of Representatives shall immediately chuse by Ballot one of them for President ; and if no Person have a Majority, then from the five highest on the List the said House shall in like Manner chuse the President. But in chusing the President, the Votes shall be taken by States, the Representation from each State having one Vote ; A quorum for this Purpose shall consist of a Mem- ber 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 Elec- tors shall be the Vice President. But if there should remain two or more who have equal Votes, the Senate shall chuse from them by Ballot the Vice-President.] ^The Congress may determine the Time of chusing the Electors, and the Day on which they shall give their Votes ; which Day shall be the same throughout the United States. *No person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this * This clause has been superseded by the twelfth amendment. THE CONSTITUTION 363 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. English V. The Trustees of the Sailors' Snug Harbor, 3 Pet., 99. ^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 e^lected. "The President shall, at stated Times, receive for his Services, a Compensation, which shall neither be en- creased 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. Pollock V. Farmers' Loan & Trust Co., 157 U. S., 429. ■^ Before he enter on the Execution of his Office, he shall take the following Oath or Affirmation : — "I do sol- emnly 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 Con- stitution of the United States." Section 2. ^The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States ; he may require the Opinion, in writing, of the principal Officer in each of the executive Departments, upon any subject relating to the Duties of their respective Offices, and he shall have Power to grant Reprieves and Pardons for Of- fenses against the United States, except in Cases of Impeachment. United States v. Wilson, 7 Pet., 150; Ex parte William Wells, 18 How., 307; Ex parte Garland, 4 Wall., 333; Armstrong's Foundry, 6 364 APPENDIX Wall., 766; The Grape Shot, 9 Wall., 129; United States v. Padelford, 9 Wall., 542; United States v. Klein, 13 Wall., 128; Armstrong z/. The United States, 13 Wall., 152; Pargoud v. The United States, 13 Wall., 156; Hamilton 57. Dillin, 21 Wall, 73 ; Mechanics and Traders' Bank z/. Union Bank, 22 Wall., 276; Lamar, ex., v. Browne et al., 92 U. S., 187; Wallach et al. v. Van Riswick, 92 U. S., 202. ^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 nom- inate, and by and with the Advice and Consent of the Senate, shall appoint. Ambassadors, other public Minis- ters and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law : but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments. Ware v. Hylton et al., 3 Dall., 199; Marbury v. Madison, i Cr., 137 ; United States z/. Kirkpatrick, 9 Wh., 720; American Insurance Company V. Canter (356 bales cotton), i Pet., 511 ; Foster and Elam v. Neilson, 2 Pet., 253 ; Cherokee Nation v. State of Georgia, 5 Pet., i ; Patterson v. Gwinn et al., 5 Pet., 233; Worcester v. State of Georgia, 6 Pet., 515; City of New Orleans v. De Armas et al., 9 Pet., 224; Holden v. Joy, 17 Wall, 2ri ; Geofroy v. Riggs, 133 U. S., 258; Homer v. U. S., 143 U. S., 570; Shoemaker v. U. S., 147 U. S., 282. ^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. The United States v. Kirkpatrick et al., 9 Wh., 720. Section 3. He shall from time to time give to the Congress Information of the State of the Union, and recommend to their Consideration such Measures as he shall judge necessary and expedient ; he may, on extraor- dinary Occasions, convene both Houses, or either of them, and in Case of Disagreement between them, with Respect to the Time of y\djournment, he may adjourn them to such Time as he shall think proper ; he shall receive Ambassa- dors and other public Ministers ; he shall take Care that the Laws be faithfully executed, and shall Commission all the Officers of the United States. Marbury v. Madison, i Cr., 137; Kendall, Postmaster-General, v. The United States, 12 Pet., 524; I.uther z/. Borden, 7 How., i; The State of THE CONSTITUTION 365 Mississippi v. Johnson, President, 4 Wall., 475; Stewart v. Kahn, u Wall., 493 ; In re Neagle, 135 U. S., i. Section 4. The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors. ARTICLE III. Section i. The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour, and shall, at stated Times, receive for their Services a Com- pensation which shall not be diminished during their Continuance in Office. Chisholm, ex., z^. Georgia, 2 Dall., 419; Stuart v. Laird, i Cr., 299; United States v. Peters, 5 Cr., 115; Cohens v. Virginia, 6 Cr., 264; Martin v. Hunter's Lessee, i Wh., 304; Osborn v. United States Bank, 9 Wh., 738; Benner et al. v. Porter, 9 How., 235; The United States v. Ritchie, 17 How., 525; Murray's Lessee et al. v. Hoboken Land and Improvement Company, 18 How., 272 ; Ex parte Vallandigham, i Wall., 243; Ames V. Kansas, iil U. S., 449; In re Ross, 140 U. S., 453; McAllister z'. U. S., 141 U. S., 174; Pollock v. P'armers* Loan & Trust Co., 157 U. S., 429. Section 2. ^ The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority ; — to all Cases Affecting Ambassadors, other public Ministers and Consuls ; — to all Cases of admiralty and maritime Juris- diction ; — 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 Citi- zens 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. Hayburn's Case (note), 2 Dall., 410; Chisholm, ex., v. Georgia, 2 Dall., 419; Glass et al. v. Sloop Betsey, 3 Dall., 6; United States v. La 366 APPENDIX Vengeance, 3 Dall., 297 ; Hollingsworth et al. v. Virginia, 3 DalL, 378; Mossman, ex., v. Higginson, 4 Dall., 12 ; Marbury v. Madison, i Cr., 137 ; Hepburn et al. v. Ellzey, 2 Cr., 444 ; United States v. Moore, 3 Cr., 159; Strawbridge et al. v. Curtiss et al., 3 Cr., 267 ; Ex parte Boll- man and Swartwout, 4 Cr., 75; Rose v. Himely, 4 Cr., 241 ; Chappe- delaine et al. v. Dechenaux, 4 Cr., 305 ; Hope Insurance Company v. Boardman et al., 5 Cr., 57; Bank of United States v. Devaux et al., 5 Cr., 61 ; Hodgson et al. v. Bowerbank et als., 5 Cr., 303 ; Owings v. Nor- wood's Eessee, 5 Cr., 344; Durousseau v. The United States, 6 Cr., 307 ; United States v. Hudson and Goodwin, 7 Cr., 32 ; Martin v. Hun- ter, I Wh., 304; Colson et sX.v. Lewis, 2 \Vh., 377; United States v. Bevans, 3 Wh., 336; Cohens v. Virginia, 6 Wh., 264; Ex parte Kearney, 7 Wh., 38; Matthews v. Zane, 7 Wh., 164; Osborn v. United States Bank, 9 Wh., 738; United States v. Ortega, 11 Wh., 467 ; American Insurance Company v. Canter (356 bales cotton), i Pet., 511 ; Jackson v. Twentyman, 2 Pet., 136; Cherokee Nation v. State of Georgia, 5 Pet., I ; State of New Jersey v. State of New York, 5 Pet., 283; Davis v. Packard et al., 6 Pet., 41 ; United States z-. Arredondo et al., 6 Pet., 691; Davis V. Packard et al., 7 Pet., 276 ; BreedJove et al. v. Nickolet et al., 7 Pet., 413; Brown v. Keene, 8 Pet., 112; Davis v. Packard et al., 8 Pet., 312; City of New Orleans v. De Armas et al., 9 Pet., 224 ; The State of Rhode Island v. The Commonwealth of Massa- chusetts, 12 Pet., 657 ; The Bank of Augusta v. Earle, 13 Pet., 519; The Commercial and Railroad Bank of Vicksburg v. Slocomb et al., 14 Pet., 60; Suydam et al. v. Broadnax, 14 Pet., 67; Prigg ?'. The Common- wealth of Pennsylvania, 16 Pet., 530; Louisville, Cincinnati and Charles- ton Railway Company v. Letson, 2 How., 497 ; Cary et als. v. Curtis, 3 How., 236; Warring v. Clark, 5 How., 441 ; Luther v. Borden, 7 How., I ; Sheldon et al. v. Sill, 8 How., 441 ; The Propeller Genesee Chief v. Fitzhugh et al., 12 How., 443; Fretz et al. v. Ball et al., 12 How., 466; Neves et al. v. Scott et al., 13 How., 268; State of Pennsylvania v. The Wheeling, etc., Bridge Company et al., 13 How., 518; Marshall v. The Baltimore and Ohio R. R. Co., 16 How., 314; The United States v. Guthrie, 17 How., 284 ; Smith v. State of Maryland, iS How., 71 ; Jones et al. V. League, 18 How., 76; Murray's Lessee et al. v. Hoboken Land and Improvement Company, 18 How., 272; Hyde et al. v. Stone, 20 How., 170; Irvine v. Marshall et al., 20 How., 558; P"enn z'. Holmes, 21 How., 481 ; Moorewood et al. v. Erequist, 23 How., 491 ; Commonwealth of Kentucky z'. Dennison, governor, 24 How., 66; Ohio and Mississippi Railroad Company v. Wheeler, i Black, 286; The Steamer Saint Law- rence, I lUack, 522 ; The Propeller Commerce, i Black, 574 ; Ex parte Vallandigham, i Wall., 243; Ex parte Milligan, 4 Wall., i ; The Moses Taylor, 4 Wall., 411 ; State of Mississippi v. Johnson, President, 4 W^all., 475; The Hine v. Trevor, 4 Wall., 555; City of Philadelphia v. The Collector, 5 Wall., 720; State of Cieorgia v. Stanton, 6 Wall., 50; Payne V. Hook, 7 Wall., 425; The Alicia, 7 Wall., 571; Ex parte Ycrger, 8 Wall., 85; Insurance Company v. Dunham, 11 Wall., i; Virginia v. West Virginia, 11 Wall., 39; Coal Company v. Blatchford, 11 Wall., 172; Railway Company v. Whitton's Adm., 13 Wall., 270; Tarble's Case, 13 Wall., 397; IMyew et al. v. The United States, 13 Wall., 581; Davis V. Gray, 16 SVall., 203; Case of the Sewing Machine Companies, 18 Wall., 353; Insurance Company v. Morse, 20 Wall., 445; Vannevar V. Bryant, 21 Wall., 41; The Lottawanna, 21 W'all., 558; Gaines v. P'uentes et al., 92 U. S., 10; Miller v. Dews, 94 U. S., 444; Doyle THE CONSTITUTION z^7 V. Continental Insurance Company, 94 U. S., 535; Tennessee v. Davis, 100 U. S., 257; Baldwin v. Pranks, 120 U. S., 678; Barron v. Burnside, 121 U. S., 186; St. Louis, Iron Mountain and Southern Railway v. Vickers, 122 U. S., 360; Chinese Ex. Case, 130 U. S., 581; Brooks v. Missouri, 124 U. S.,394; New Orleans Water Works v. Louisiana Sugar Refining Co., 125 U. S., 18; Spencer v. Merchant, 125 U. S., 345; Dale Tile Mfg. Co. V. Hyatt, 125 U. S., 46; Felix v. Scharnweber, 125^ U. S., 54; Hannibal and St. Joseph R. R. v. Missouri River Packet Co., 125 U. S., 260; Kreiger v. Shelby R. R. Co., 125 U. S., 39; Craig v. Leitens- dorfer, 127 U. S. 764; Jones v. Craig, 127 U. S., 213; Wisconsin v. Pelican Ins. Co., 127 U. S., 265 ; U. ^.v. Beebe, 127 U. S., 338 ; Chinese E.x. Case, 130 U. S., 581 ; Lincoln County v. Luning, 133 U. S., 529; Christian v. Atlantic & N. C. R. Rd. Co., 135 U. S., 233 ; Haus v. Louis- iana, 134 U. S., I ; Louisiana ex rel. The N. Y. Guaranty & Indemnity Co. V. Steele, 134 U. S., 280; Jones v. U. S., 137 U. S., 202; Manchester V. Mass., 139 U. S., 240 ; In re Ross, 150 U. S., 453 ; In re Garnett, 141 U. S., I ; U. S. V. Texas, 143 U. S., 621 ; Cooke v. Avery, 147 U. S., 375 ; S. Pac. Co. v. Denton, 146 U. S., 202 ; Lawton v. Steele, 152 U. S., 133; Interstate Com. Comsn. v. Brinson, 154 U. S., 447. 2 In all Cases affecting Ambassadors, other public Min- isters and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction. In all the other Cases before mentioned, the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regula- tions as the Congress shall make. Chisholm, ex., v. Georgia, 2 Dall. 419; Wiscart et al. v. Dauchy, 3 Dall., 321; Marbury v. Madison, i Cr., 137; Durousseau et al. v. United States, 6 Cr., 307; Martin v. Hunter's Lessee, i Wh., 304; Cohens v. Virginia, 6 Wh., 234; Ex parte Kearney, 7 Wh., 38; Wayman v. Southard, 10 Wh., i ; Bank of the United States v. Hal- stead, 10 Wh., 51; United States v. Ortega, 11 Wh. 467; The Chero- kee Nation v. the State of Georgia, 5 Pet., i ; Ex parte Crane et als., 5 Pet., 189 ; The State of New Jersey v. The State of New York, 5 Pet., 283; Ex parte Sibbald v. United States, 12 Pet., 488; The State of Rhode Island v. The State of Massachusetts, 12 Pet., 657; State of Pennsylvania z/. the Wheeling, &c. Bridge Company, 13 How. 518; In Re Kaine, 14 How., 103; Ableman v. Booth and United .States v. Booth, 22 How., 506; Freeborn v. Smith, 2 Wall., 160; Ex parte McCardle, 6 Wall., 318; Ex parte McCardle, 7 Wall., 506; Ex parte Yerger, 8 Wall., 85 ; The Lucy, 8 Wall., 307 ; The Justices v. Murray, 9 Wall., 274; Pennsylvania v. Quicksilver Company, 10 Wall., 553; Murdock v. City of Memphis, 20 Wall., 590 ; Bors v. Preston, in U. vS., 252 ; Ames V. Kansas, in U. S., 449 ; Clough v. Curtis, 134 U. S., 361 ; In re Neagle, 135 U. S., i ; Mobile & Ohio R. Rd. v. Tean., 153 U. S., 486. ^The Trial of all Crimes, except in Cases of Impeach- ment, shall be by Jury ; and such Trial shall be held in the State where the said Crimes shall have been committed; 368 APPENDIX but when not committed within any State, the Trial shall be at such Place or Places as the Congress may by Law have directed. Ex parte Milligan, 4 Wall., 2; Ellenbecker v. Plymouth County, 134 U. S., 31 ; Cook V. U. S., 138 U. S. 157 ; In re Ross, 140 U. S. 453. Section 3. ^ Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Per- son shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court. United States v. The Insurgents, 2 Dall., 335 ; United States v. Mitchell, 2 Dall., 348; Ex parte Bollman and Swartwout, 4 Cr. 75; United States v. Aaron Burr, 4 Cr. 469. ^The Congress shall have power to declare the Punish- ment of Treason, but no Attainder of Treason shall work Corruption of Blood, or Forfeiture except during the Life of the Person attainted. Bigelow V. Forest, 9 Wall., 339; Day v. Micou, 18 Wall., 156; Ex parte Lange, 18 Wall, 163 ; Wallach et al. v. Van Riswick, 92 U. S., 202. ARTICLE IV. Section i. Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Pro- ceedings 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. Mills V. Duryee, 7 Cr., 481; Hampton v. McConnel, 3 Wh., 234; Mayhew v. Thatcher, 6 Wh., 129; Darby's Lessee v. Mayer, 10 Wh., 465; The United States v. Amedy, 11 Wh. 392 ; Caldwell et al. v. Car- rington's Heirs, 9 Pet., 86; M'Klmoyle v. Cohen, 13 Pet., 312; The Bank of Augusta v. Earle, 13 Pet., 519; Bank of the State of Alabama V. Dalton, 9 IIow., 522; D'Arcy v. Ketchum, 11 How., 165; Christmas V. Russell, 5 Wall., 290; Green v. Van lUiskirk, 7 Wall., 139; Paul v. Virginia, 8 Wall., 168; Board of Public Works v. Columbia College, 17 Wall., 521; Thompson v. Whitman, 18 Wall., 4^7; Bonaparte v. Tax Court, 104 U. S., 592; Hanley z/. Donoghue, 116 U. S., i ; Renaud V. Abbott, 116 U. S. 277 ; Chic, and Alton R. R. v. Wiggins Ferry Co., 119 U. S., 615; Cole V. Cunningham, 133 U. S.. 107 ; Blount v. Walker, 134 U. S., 607; Texas & Pacific Ry. to. v. Southern Pacific Co., 137 THE CONSTITUTION 369 U. S., 48; Simmons v. Saul, 138 U. S., 439; Reynolds v. Stockton, 140 U. S., 254; Carpenter v. Strange, 141 U. S. 87; Glenn v. Garth, 147 U. S., 360; Huntington v. Allriil, 146 U. S., 657. Section 2. ^The Citizens of each State shall be en- titled to all Privileges and Immunities of Citizens in the several States. Bank of United States v. Devereux, 5 Cr., 61; Gassies j/. Ballou, 6 Pet., 761 ; The State of Rhode Island v. The Commonwealth of Mas- sachusetts, 12 Pet., 657; The Bank of Augusta v. Karle, 13 Pet., 519; Moore v. The People of the State of Illinois, 14 How., 13; Conner et al. V. Elliot et a)., 18 How., 591 ; Dred Scott v. Sanford, 19 How., 393 ; Crandall v. State of Nevada, 6 Wall., 35 ; Woodruff v. Parham, 8 Wall., 123; Paul V. Virginia, 8 Wall., 168; Uownham ?'. Alexandria Council, 10 Wall., 173; Liverpool Insurance Company v. Massachusetts, 10 Wall., 566; Ward v. Maryland, 12 Wall., 418; Slaughterhouse Cases, 16 Wall., 36; Bradwell v. The State, 16 Wall., 130; Chemung Bank z*. Lowery, 93 U. S., 72; McCready v. Virginia, 94 U. S., 391 ; Brown v. Houston, 1 14 U. S., 622 ; Pembina Mining Co. v. Penna., 125 U. S., 181 ; Kimmish v. Ball, 129 U. S., 217; Cole v. Cunningham, 133 U. S., 107; Leisy v. Hardin, 135 U. S., 100; Minnesota v. Barber, 136 U. S., 313, McKane v. Durston, 153 U. S., 684; Pittsburgh & So. Coal Co. v. Bates, 156 U. S., 577. ^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. Holmes v, Jennison et al., 14 Pet. 540 ; Commonwealth of Kentucky V. Dennison, governor, 24 How., 66; Taylor v. Tainter, 16 Wall., 366; Lascelles v. Georgia, 148 U. S., 537 ; Pearce v. Texas, 155 U. S., 311. ^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 dis- charged from such Service or Labor, but shall be deliv- ered up on Claim of the Party to whom such Service or labor may be due. Prigg V. The Commonwealth of Pennsylvania, 16 Pet., 539; Jones v. Van Zandt, 5 How., 215; Strader et al. v. Graham, 10 How., 82; Moore v. The People of the .State of Illinois, 14 How., 13 ; Dred Scott V. Sanford, 19 How., 393; Ableman v. Booth and United States v. Booth. 21 How., 506; Callan v. Wilson, 127 U. S., 540; Nashville, Chattanooga, etc., Rwy. v. Alabama, 128 U. S. 96. Section 3. ^New States may be admitted by the Con- gress into this Union ; but no new State shall be formed 24 370 APPENDIX 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. American Insurance Company et al. v. Canter (356 bales cotton), I Pet. 511 ; Pollard's Lessee v. Hagan, 3 How. 212; Cross et al. v. Harrison, 16 How., 164. ^The Congress shall have Power to dispose of and make all needful Rules and Regulations respecting the Terri- tory 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. McCullough V. State of Maryland, 4 Wh., 316; American Insurance Company v. Canter, i Pet., 511 ; United States v. Gratiot et al., 14 Pet., 526; United States v. Rogers, 4 How., 567; Cross et al. v. Harrison, 16 How., 164; Muckey et al. v. Coxe, 18 How., 100; Gibson v. Chouteau, 13 Wall., 92; Clinton v. Englebert, 13 Wall., 434; Beall v. New Mexico, 16 Wall., 535; Davis z'. Beason, 133 U. S., 333; Wisconsin Central R. Rd. Co. v. Price County, 133 U. S., 496; Cope v. Cope, 137 U. S., 682 ; Mormon Church v. U. S., 136 U. S., i. Section 4. The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion ; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened) against domestic Violence. Luther v. Borden, 7 How., i ; Texas v. White, 7 Wall., 700. 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 Con- stitution, when ratified by the Legislatures of three-fourths of the several States, or by Conventions in three-fourths THE CONSTITUTION 371 thereof, as the one or the other Mode of Ratification may be proposed by the Congress; Provided that no Amendment which may be made prior to the Year One thousand eight hundred and eight shall in any Manner affect the first and fourth Clauses in the Ninth Section of the first Article; and that no State, without its Con- sent, shall be deprived of its equal Suffrage in the Senate. Hollingsworth et al. v. Virginia, 3 Dallas, 378. ARTICLE VI. ^ All Debts contracted and Engagements entered into, before the Adoption of this Constitution, shall be as valid against the United States under this Constitution, as under the Confederation. 2 This Constitution, and the Laws of the United States which shall be made in Pursuance thereof ; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land ; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding. Hayburn's Case, 2 Dall., 409; Ware j'. Hylton, 3 Dall., 199; Calder and Wife v. Bull and Wife, 3 Dall., 386 ; Marbury v. Madison, i Cr., 137; Chirac v. Chirac, 2 Wh., 259; McCulloch v. The State of Maryland, 4 Wh., 316 ; Society v. New Haven, 8 Wh., 464 ; Gibbons v. Ogden, 9 Wh., I ; Foster and Elam v. Neilson, 2 Pet , 253; Buckner v. Fiiiley, 2 Pet., 586; Worcester v. State of Georgia, 6 Pet., 515; Kennett et al. v. Cham- bers, 14 How., 38; Lodge v. Woolsey, 18 How., 331; State of New York V Dibble, 21 How., 366; Ableman v. Booth and United States V. Booth, 21 How., 506; Sinnot v. Davenport, 22 How., 227 ; Foster v. Davenport, 22 How., 244; Havea v. Yaker, 9 Wall., 32; Whitney v. Robertson, 124 U. S., 190; In re Neagle, 135 U. S., i ; Cherokee Nation V. Kansas Ry. Co., 135 U. S., 641 ; Cook Co. v Calumet & Chicago Canal Co., 138 U. S. 635; Gulf, Colorado & Santa Fe Rwy. Co. v. Hefley, 15S U. S., 98; In re Quarles j/. Butler, 158 U. S. 532. ^ 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 372 APPENDIX religious Test shall ever be required as a Qualification to any Office or public Trust under the United States. Ex parte Garland, 4 Wall., 333 ; Davis v. Beason, 133 U. S., 333. 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, G° WASHINGTON— Presidt and deputy from Virginia New Hampshire. John Langdon Nicholas Oilman t. Massachusetts. Nathaniel Gorham Rufus King Connecticut. Wm Saml Johnson Roger Sherman New York. Alexander Hamilton New Jersey. Wil: Livingston Wm Patterson David Brearley. Jona: Dayton THE CONSTITUTION Pennsylvania. 373 B. Franklin RoBT. Morris Thos. Fitzsimons James Wilson Geo: Read John Dickinson Jaco: Broom James McHenry Danl Carroll John Blair — Wm Blount Hu Williamson Thomas Mifflin Geo. Clymer Jared Ingersoll Gouv Morris Delaware, Gunning Bedford jun Richard Bassett Maryland. Dan : of St Thos Jenifer Virginia. James Madison Jr. North Carolina. RiCHD DOBBS SpAIGHT, South Carolina. J. Rutledge Charles Cotesworth Pincknei Charles Pinckney Pierce Butler. Georgia. William Few Abr Baldwin Attest: WILLIAM JACKSON, Secretary. 374 APPENDIX Articles in Addition To, and Amendment Of, the Con- stitution 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. [EUenbecker v. Plymouth County, 134 U. S., 3.] ARTICLE I.* Congress shall make no law respecting an establish- ment 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. Terret et al. v. Taylor et al., 9 Cr., 43 ; Vidal et al., v. Girard et al., 2 How., 127; Ex parte Garland, 4 Wall., 333; United States v. Cruik- shank et al., 92 U. S., 542; Reynolds v. United States, 98 U. S., 145; Davis V. Beason, 133 U. S., 333; In re Rapier, 143 U. S., no; Homer z/. U. S., 143 U. S., 192. [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. Presser v. Illinois, 116 U. S., 252. [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. *The first ten amendments to the Constitution of the United States were proposed to the legislatures of the several States bv the first Congress, on the 2Sth of September, 1789. They were ratified by the fol- lowing States, and the notifications of ratification bv the governors thereof were successively communicated by the President to Congress : New Jersey, November 20, 1789; Maryland, December 19, 17S9 ; North Carolina, December 22,1789; South Carolina, January 19, 1790: New Hampshire, January 25, 1790; Delaware, January 28. 1790; Pennsyl- vania, March ID, 1790; New York, March 27, 1790; Rhode Island, June 15, 1790 ; Vermont, November 3, I79l,and Virginia. Decemher 15, 1791. There is no evidence on the journals of Congress that the legislatures of Connecticut, Georgia, and Massachusetts ratified them. THE CONSTITUTION 375 [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. Smith V. State of Maryland, i8 How., 71 ; Murray's Lessee et al. v. Hoboken Land and Improvement Company, 18 How., 272; Ex parte Milligan, 4 Wall, 2 ; Boyd v. United States, 116 U. S., 616; Fong Yuen Ting V. U. S., 149 U. S., 698. [ARTICLE v.] No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger ; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb ; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law ; nor shall private property be taken for public use, without just compensation. United States v. Perez, 9 Wh., 579; Barron v. The City of Baltimore, 7 Pet., 243; Fox V. Ohio, t; How., 410; West River Bridge Company i-. Dix et a)., 6 How., 507; Mitchell v. Harmony, 13 How., 115; Moore, ex., V. The People of the State of Illinois, 14 How., 13; Murray's Lessee et al. V. Hoboken Land and Improvement Company, 18 How., 272; Dynes V. Hoover, 20 How., 65; Withers v. Buckley et al., 20 How., 84; Gil- man V. The City of Sheboygan, 2 Black, 510 ; Ex parte Milligan, 4 Wall., 2; Twitchell v. The Commonwealth, 7 Wall., 321 ; Hepburn v. Griswold, 8 Wall., 603; Miller v. United States, 11 Wall., 268; Legal Tender Cases, 12 Wall., 457; Pumpelly f. Green Bay Company, 13 Wall, 166; Osborn v. Nicholson, 13 Wall.. 654; Ex parte Lange, 18 Wall., 163; Kohl et al. v. United States, 91 U. S., 367 ; Cole v. La Grange, 1 13 U. S., i; Ex parte Wilson, 114 U. S., 417; Brown v. Grant, 116 U. S., 207; Boyd V. United States, 116 U. S., 616; Makin v. United States, 117 U. S., 348 ; Ex parte Bain, 121 U. S., I; Parkinson v. United States, 121 U. S., 281 ; Spies v. Illinois, 123 U. S., 131 ; Sands v. Manistee River Improvement Company, 123 U. S., 288; Mugler v. Kansas, 123 376 APPENDIX U. S.,623 ; Great Falls Manufacturing Company z/. The Attorney-General, 124 U. S., 581 ; United States v. De Walt, 128 U. S., 393; Huling v. Kaw Valley Railway and Improvement Company, 130 U. S., 559; Free- land V. Williams, 131 U. S., 405; Cross v. North Carolina, 132 U. S., 131; Manning v. French, 133 U. S., 186; Searle v. School Dist. No. 2, 133 U. S., 553; Palmer v. McMahon, 133 U. S., 660; Ellenbecker v. Plymouth County, 134 U. S , 31 ; Chic, Mil. & St. Paul Rwy. Co. v. Minnesota, 134 U. S., 418; Wheeler z'. Jackson, 137 U. S., 245; Holden V. Minnesota, 137 U. S., 245; Caldwell v. Texas, 137 IJ. S., 692; Cherokee Nation v. Kansas Ry. Co., 135 U. S., 641 ; Kaukauna Water Power Co. f. Miss. Canal Co., 142 U. S., 254; New Orleans v. N. O. Water W'ks, 142 U. S., 79; Counselman v. Hitchcock, 142 U. S., 547; Simmonds v. U. S., 142 U. S., 14S; Horn Silver Mining Co. v. N. Y., 143 U. S., 305; Hallinger v. Davis, 146 U. S., 314; Shoemaker v. U. S., 147 U. S., 282 ; Thorington v. Montgomery, 147 U. S., 490 ; Yesler v. Wash'n Harbor Line Coms'rs, 146 U. S., 646; Monongahela Nav. Co. V. U. S., 148 U. S., 312; Fong Yuen Ting v. U. S., 149 U. S., 69S; In re Lennon, 150 U. S., 393; Pitts., C. C. & St. L. v. Backus, 154 U. S., 421 ; Interstate Com. Comsn. v. Brimson, 154 U. S., 447 ; Pearce v. Texas, 155 U. S., 311; Linford v. Ellison, 155 U. S., 503; Andrews &•. Swartz, 156U. S., 272; Pittsburgh & Southern Coal Co. z/. La., 156 U.S., 590; St. L. & S. F. Rwy. Co. v. Gill, 156 U. S., 649; Johnson v. Sayre, 158 U. S., 109; Sweet v. Rechel, 159 U. S., 380. [ARTICLE VL] In all criminal prosecutions, the accused shall enjoy .the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him ; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence. United States v. Cooledge, i \Vh., 415; Ex parte Kearney, 7 \Vh., 38; United States ly. Mills, 7 Pet., 142; Barron v. City of lialtimore, 7 Pet., 243; Fox z'. Ohio, 5 How., 410; Withers v. Buckley et al., 20 How, 84; Ex parte Milligan, 4 Wall, 2; Twitchell v. The Common- wealth, 7 Wall., 321; Miller v. The United States, 11 Wall., 26S ; United States v. Cook, 17 Wall., 168 ; United States v. Cruikshank et al., 92 U. S., 542; Spies z*. Illinois. 123 U. S., 131 ; Ellenbecker z^. Plymouth Co.. 134 U. S., 31 ; Jones v. U. S., 137 U. S., 202; Cook v. U. S., 138 U. S., 157; In re Ross, 140 U. S., 453; Hallinger v. Davis, 146 U. S., 314; Mattoxz/. U. S., 156U. S., 237 ; Bergemannz/. Becker, 157 U. S., 655. THE CONSTITUTION 377 [ARTICLE VII.] In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law. United States z'. La Vengeance, 3 Dall., 297; Bank of Columbia t'. Oakley, 4 Wh., 235; Parsons v. Bedford et al., 3 Pet., 433 ; Lessee of Livingston v. Moore et al., 7 Pet., 469; Webster w. Reid, ii How., 437 ; State of Pennsylvania v. The Wheeling, &c., Bridge Company et al., 13 How., 518; Tlie Justices v. Murray, 9 Wall. 274; Edwards v. Elliott et al., 21 Wall., 532; Pearson z/. Yewdall, 95 U. S., 294; McElrath v. United States, 102 U. S., 426 ; Callan t/. Wilson, 127 U. S., 540; Ark. Valley Land and Cattle Co. v. Mann, 130 U. S., 69; Whitehead v. Shat- tuck, 138 U. S., 146; Scott V. Neely, 140 U. S., 106; Cates v. Allen, 149 U. S., 451. [ARTICLE VIII.] Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. Pervear v. Commonwealth, 5 Wall., 475; Manning v. French, 133 U. S., 186; Ellenbecker v. Plymouth County, 134 U. S., 31 ; In re Kemm- ler, 136 U. S., 436; McElvaine v. Brush, 142 U. S., 155; O'Neill v. Vermont, 144 U. S., 323. [ARTICLE IX.] The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others re- tained by the people. Lessee of Livingston v. Moore et al., 7 Pet., 469. [ARTICLE X.] The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are re- served to the States respectively, or to the people. Chisholm, ex., v. State of Georgia, 2 Dall., 419; Hollingsworth et al., V. The State of Virginia, 3 Dall., 378 ; Martin v. Hunter's Lessee, i Wh., 378 APPENDIX 304; McCuUoch V. State of Maryland, 4 Wh., 316; Anderson v. Dunn, 6 Wh., 204; Cohen v. Virginia, 6 Wh., 264; Osborn v. United States Bank, 9 Wh., 73S ; Buchler v. Finley, 2 Pet., 586; Ableman v. Booth, 21 How., 506; The Collector v. Day, 11 Wall., 113; Claflin v. Houseman, assignee, 93 U. S., 130 ; Inman Steamship Company v. Tinker, 94 U. S., 238; Church V. Kelsey, 121 U. S., 282; Ouachita Packet Co. v. Aiken, 121 U. S., 444 ; W. U. Tel. Co. v, Pendleton, 122 U. S., 347 ; Bowman v. Chicago and Northwestern Rwy. Co, 125 U. S.,465; Mahon v. Justice, 127 U. S., 700; Leisy v. Hardin, 135 U. S., 100; Manchester v. Mass., 139 U. S., 240; Pollock V. Farmers' Loan & Trust Co., 157 U. S., 429. ARTICLE XL* The Judicial power of the United States shall not be construed to extend to any suit in law or equity, com- menced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State. State of Georgia v. Brailsford et al., 2 DalL, 402; Chisholm, ex., v. State of Georgia, 2 DalL, 419; Hollingsworth et al. 7). Virginia, 3 DalL, 378; Cohen t/. Virginia, 6 Wh., 264; Osborn f. United States Bank, 9 Wh., 738; United States z'. The Planters' Bank, 9 Wh., 904; The Gover- nor of Georgia J/. Juan Madrazo, i Pet., no; Cherokee Nation v. State of Georgia, 5 Pet., i ; Briscoe v. The Bank of the Commonwealth of Kentucky, 11 Pet., 257 ; Curran z/. State of Arkansas et al., 15 How., 304; New Hampshire z/. Louisiana, 108 U. S., 76; Virginia Coupon Cases, 114 U. S., 270; Hagood V. Southern, 117 U. S., 52; In re Ayres, 123 U. S., 443; Lincoln County z'. Luning, 133 U. S., 529; Coupon Cases, 135 U. S., 662 ; Pennoyer v. McConnaughy, 140 U. S., I ; In re Taylor, 149 U. S., 164; Reagan 71. Farmers' Loan and Trust Co., 154 U. S., 362; Reagan v. Mercantile Trust Co., 154 U. S., 413. ARTICLE Xll.t The Electors shall meet in their respective states and vote by ballot for President and Vice-President, one of * The eleventh amendment to the Constitution of the United States was proposed to the legislatures of the several States by the Third Congress, on the 5th of March, 1794; and was declared in a message from the President to Congress, dated the 8th of January, 1798, to have been ratified liy the legislatures of three-fourths of the States. t Tlie twelfth amendment to the Constitution of the United States was proposed to the legislatures of the several States by the Eighth Congress, on the 12th of December, 1803, in lieu of the original third paragraph of the first section of the second article ; and was declared in a proclamation of the Secretary of State, dated the 25th of Septem- ber, 1804, to have been ratified by the legislatures of three-fourths of the States. THE CONSTITUTION 379 whom, at least, shall not be an inhabitant of the same state with themselves ; they shall name in their ballots the person voted for as President, and in distinct ballots the person voted for as Vice-President, and they shall make distinct lists of all persons voted for as President, and of all persons voted for as Vice-President, and of the number of votes for each, which lists they shall sign and certify, and transmit sealed to the seat of the gov- ernment of the United States, directed to the President of the Senate; — The President of the Senate shall, in presence of the Senate and House of Representatives, open all the certificates and the votes shall then be counted ; — The person having the greatest number of votes for President, shall be the President, if such number be a majority of the whole number of Electors appointed; and if no person have such majority, then from the person 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 Presi- dent, as in the case of the death or other constitutional disability of the President. — The person having the greatest number of votes as Vice-President, shall be the Vice-President, if such number be a majority of the whole number of Electors appointed, and if no person have a majority, then from the two highest numbers on the list, the Senate shall choose the Vice-President ; a quorum for the purpose shall consist of two-thirds of the whole number of Senators, and a majority of the whole number shall be necessary to a choice. But no person constitu- tionally ineligible to the office of President shall be eligible to that of Vice-President of the United States. 38o APPENDIX ARTICLE XIII.* Section i. 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. Dred Scott v. Sanford, 19 How., 393; White v. Hart, 13 Wall., 646; Osborn v. Nicholson, 13 Wall., 654 ; Slaughterhouse Cases, 16 Wall., 36; Ex parte Virginia, 100 U. S., 339; Civil Rights Case, 109 U. S., 3. ARTICLE XlV.t Section i. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are * The thirteenth amendment to the Constitution of the United States was proposed to the legislatures of the several States by the Thirty-eighth Congress, on the ist of February, 1S65, and was declared, in a proclama- tion of the Secretary of State, dated the i8th of December, 1865, to have been ratified l)y the legislatures of twenty-seven of the thirty-six States, viz: Illinois, Rhode Island, Michigan, Maryland, New York, West Vir- ginia, Maine, Kansas, Massachusetts, Pennsylvania, Virginia, Ohio, Missouri, Nevada, Indiana, Louisiana, Minnesota, Wisconsin, Vermont, Tennessee, Arkansas, Connecticut, New Hampshire, South Carolina, Alabama, North Carolina, and Georgia. t The fourteenth amendment to tlie Constitution of the United States was proposed to the legislatures of the several States by the Thirty-ninth Congress, on the i6th of June, 1S66. On the 21st of July, 1868, Congress adopted and transmitted to the Department of State a concurrent reso- lution declaring that " the legislatures of the States of Connecticut, Ten- nessee, New Jersey, Oregon, Vermont, New York, Ohio. Illinois, West Virginia, Kansas, Maine, Nevada, Missouri, Indi.-ina, Minnesota, New Hampshire, Massachusetts, Nebraska, Iowa, Arkansas, Florida, North Carolina, Alabama, South Carolina, and Louisiana, being ihrce-fourths and mure of the several States of the Union, have ratified the fourteenth article of amendment to the Constitution of the United States, duly pro- posed by two-thirds of each House of the Thirty-ninth Congress: There- fore Resolved, That said fourteenth article is hercliy dedarecl to be a p:\rt of the Constitution of the United States, and it shall be dulv promulgated as such by the Secretary of State." The Secretary of State accordingly issued a proclamation, dated the 28th of July, 1S68, declaring that the proposed fourteenth amendment had been ratified, in the manner hereafter mentioned, by the legislatures of thirty of the thirty-six States, viz: Con- necticut, June 30. 1S66; New Hampshire, July 7, 1866; Tennessee, July 19, 1866; New Jersey, September 11, 1866 (and the legislature of the THE CONSTITUTION 381 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 ajiy 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. Strauder v. West Virginia, loo U. S., 303; Virginia v. Rivers, 100 U. S., 313 ; Ex parte Virginia, 100 U. S., 339 ; Missouri v. Lewis, loi U. S., 22 ; Civil Rights Cases, 109 U. S., 3 ; Louisiana v. New Orleans, 109 U S., 285; Hurtado 7'. California, no U. S., 516; Hagar i'. Reclamation Uist., Ill U. S., 701 ; Elk z/. Wilkins, 112 U. S-, 94 ; Head z/. Amoskeag Mfg. Co., 113 U. S., 9; Barbier v. Connolly, 113 U. S., 27 ; Provident Listitu- tion V. Jersey City, 113 U. S., 506; Soon Hing v. Crowley, 113 U. S., 703 ; Wurts V. Hoagland, 114 U. S., 606; Ky. R. Rd. Tax Cases, 1 15 U. S., 321 ; Campbell v. Holt, 115 U- S., 620 ; Presser v. Illinois, 116 U. S., 252 ; Stone V. Farmers' Loan and Trust Co., 116 U. S., 307; Arrowsmith v. Harmoning, 118 U. S., 194; Yick Wo v. Hopkins, 118 U. S., 356; Santa Clara Co. v. S. Pacific R. Rd., 1 18 U. S., 394 ; Phila. Fire Assn. v. N. Y., 119 U. S., no; Schmidt v. Cobb, 119 U. S., 286; Baldwin v. Prank, ng U.S., 678; Hayes z'. Missouri, 120 U. S., 68 ; Church z'. Kelsey, 121 U.S., 282; Pembina Mining Co. z'. Penna., 125 U. S., 181 ; Spencer z/. Merchant, 125 U. S., 345; Dow V. Beidelman, 125 U. S., 680 ; Bank of Redemption ». Boston, 125 U. S., 60; Ro Bards z'. Lamb, 127 U. S., 58 ; Mo. Pac. Rwy. Co. V. Mackey, 127 U. S., 205 ; Minneapolis and St. Louis Rwy. v. Her- rick, 127 U. S., 210; Powell v. Penna., 127 U. S., 678; Kidd v. Pearson, 128 U. S., I ; Nashville, Chattanooga, &c., Rwy. v. Alabama, 12S U. S., 96; Walston V. Navin, 128 U. S., 578; Minneapolis and St. Louis Rwy. V. IBeckwith, 129 U. S., 26; Dent v. West Va. 129 U. S., 114; Huling v. same State passed a resolution in April, 186S, to withdraw its consent to it) ; Oregon, September 19, 1866; Vermont, November 9, 1866; Georgia rejected it November 13, 1S66, and ratified it July 21, 1868 ; North Caro- lina rejected it December 4, 1866, and ratified it July 4, 1868; South Carolina rejected it December 20, 1866, and ratified it July 9, 1S6S; New York ratified it January 10, 1867 ; Ohio ratified it January 11, 1S67 (and the legislature of the same State passed a resolution in January, 1S6S, to withdraw its consent to it); Illinois ratified it January 15, 1S67 ; West Virginia, January 16, 1867; Kansas, January 18, 1867; Maine, January 19, 1S67 ; Nevada, January 22, 1867 ; Missouri, January 26, 1867 ; Indiana, January 20, 1S67 ; Klinnesota, February i, 1867 ; Rhode Island, February 7, 1867 ; Wisconsin, February 13, 1867 ; Pennsylvania, February 13, 1867 ; Michigan, February 15, 1S67 ; Massachusetts, March 20, 1867 ; Nebraska, June 15, 1867; Iowa, April 3, 1868; Arkansas, April 6, 186S ; Florida, June 9, 1S68 ; Louisiana, July 9, 1868, and Alabama, July 13, 1868. Georgia again ratified the amendment P'ebruary 2, 1870. Texas rejected it Novem- ber I, 1866, and ratified it February iS, 1870. Virginia rejected it January 19, 1867, aid ratified it October 8, 1869. The amendment was rejected by Kentucky January 10, 1867 ; by Delaware February 8, 1S67 ; by Mary- land March 23, 1S67, and was not afterwards ratified by either State. 382 APPENDIX Kaw Valley Rwy. and Improvement Co., 130 U. S., 559; Freeland v. Williams, 131 U. S., 405 ; Cross v. North Carolina, 132 U. S., 131 ; Pen- nie V. Reis, 132 U. S., 464; Sugg v. Thornton, 132 U. S., 524; Davis v. Beason, 133 U. S., 333 ; Ellenbecker v. Plymouth Co., 134 U. S., 31 ; Bell Gap R. Rd. Co. v. Penna., 134 U. S., 232; Chicago, Milwaukee & bt. Paul Rwy. v. Minnesota, 134 U. S., 418; Home Ins. Co. v. N. Y., 134 U. S., 594; Louisville & Nashville R. Rd. Co. z/. Woodson, 134 U. S., 614 ; Home Ins. Co. v. N. Y., 134 U. S., 594 ; Leisy v. Hardin, 135 U. S., 100; In re Kemmler, 136 U.S.,436; York z^. Te.xas, 137 U. S., 15 ; Crow- ley V. Christensen, 137 U. S., 89; Wheeler v Jackson, 137 U. S., 245; Holden v. Minnesota, 137 U. S., 483; In re Converse, 137 U. S., 624; Caldwell z/. Te.xas, 137 U.S., 692 ; Kauffman v. Wootters, 138 U. S., 285; Lesper v. Texas, 139 U. S., 462 ; In re Manning, 139 U. S., 504; Mabal v. Louisiana, 139 U. S., 621 ; In re Duncan, 139 U. S., 449; In re Shibuya Jugiro, 139 U. S., 291 ; Lent v. Tillson, 140 U. S., 316; New Orleans v. N. O. Water W'ks, 142 U. S., 79 ; McElvaine v. Brush, 142 U. S., 155; Kaukauna Water Power Co. v. Miss. Canal Co., 142 U. S., 254; Char- lotte, Augusta & Col. R. Rd. Co. v. Gibbes, 142 U. S., 386; Pacific Ex. Co. V. Siebert, 142 U. S., 339; Horn Sdver Mining Co. v. N. Y., 143 U. S., 305; Budd V. N. Y., 143 U. S., 517 ; Schwab v. Berggren, 143 U. S., 442; Fielden v. Illinois, 143 U. S., 452 ; N. N.v. Squire, 144 U. S., 175; Brown V. Smart, 144 U. S., 454; McPherson v. Blacker, 146 U. S., i ; Morley v. Lake Shore & Mich. Southern Ry. Co., 146 U. S., 162; Ilallinger z/. Davis, 146 U. S., 314; Yesler v. Washington Harbor Line Comsrs., 146 U. S., 646; Butler v. Goreley, 146 U. S., 303; Southern Pacific Co. v. Denton, 146 U. S., 202; Thorington v. Montgomery, 147 U. S.,490; Giozza V. Tiernan, 148 U. S., 657; Paulsen v. Portland, 149 U. S., 30; Minn. & St. L. Rwy. Co. V. Emmons, 149 U. S., 364; Columbus So. Rwy. Co. v. Wright. 151 U.S., 470; In re Frederick, 149 U. S., 70 ; McNulty z/. Calif., 149 U. S., 645; Leesz/. U. S., 150 U. S., 476; Lawton z'. Steele, 152 U. S., 133; Montana Co. v. St. Louis Mining Co., 152 U. S., 160; Duncan v. Missouri, 152 U. S., 377 ; McKane v. Durston, 153 U. S., 684 ; Marchant V. Penna. R. R. Co., 153 U. S., 380; Brass z/. Stoeser, 153 U. S.,391 ; Scott V. McNeal, 154 U. S., 34; Reagan v. Far. Loan & Trust Co., 154 U. S., 362; P., C, C. & St. L. R. R. Co., V. Backus, 154 U. S., 421 ; Interstate Com. Comsn. v. Brimson, 154 U. S., 447 ; Reagan v. Mercantile Trust Co., 154 U. S., 447; Pearce v. Texas, 155 U. S., 311; Pittsburgh & So. Coal Co. V. La., 156 U. S., 590; Andrews v. Swartz, 156 U. S., 272 ; St. L. & S. F. Rwy. Co. v. Gill, 156 U. S., 649; Stevens admr. v. Nichols, 157 U. S., 370; Bergemann v. Becker, 157 U. S., 655; Quarles v. Butler, 158 U. S., 532; Gray v. Connecticut, 159 U. S., 74 ; Central Land Co. v. Laidley, 159^ U. S., 103; Moore v. Missouri, 159 U. S., 673; Winona & St. Peter Land Co. v. Minn. 159 U. S., 528. 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 THE CONSTITUTION 383 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 num- ber 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 Repre- sentative in Congress, 'of 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, or 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 in- curred 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. Crandall v. the State of Nevada, 6 Wall., 35 ; Paul v. Virginia, 8 Wall., 168; Ward v. Maryland, 12 Wall., 418; Slaughterhouse Cases, 16 Wall., 36; Bradwell v. The State, 16 Wall., 130; Rartemeyer v. Iowa, 18 Wall., 129; Minor?'. Happersett, 21 Wall., 162; Walker t'. Sauvinet, 92 U. S., 90 ; Kennard v. Louisiana, ex rel. Morgan, 92 U. S., 480 ; United States V. Cruikshank, 92 U. S., 542 ; Munn v. Illinois, 94 U. S., 113. 384 APPENDIX ARTICLE XV.* Section i. The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude — Section 2. The Congress shall have power to en- force this article by appropriate legislation. United States v. Reese et al., 92 U. S., 214; United States v. Cruik- shank et al., 92 U. S., 542; Ex parte Yarborough, 110 U. S., 651 ; McPher- son V. Blacker, 146 U. S., i. * The fifteenth amendment to the Constitution of the United States was proposed to the legislatures of the several States by the Fortieth Congress on the 27th of February, i86g, and was declared, in a procla- mation of the Secretary of State, dated March 30, 1870, to have been ratified by the legislatures of twenty-nine of the thirty-seven States. The dates of these ratifications (arranged in the order of their reception at the Department of State) were : From North Carolina, March 5, 1869 West Virginia, March 3, 1869; Massachusetts, March 9-12, 1S69; Wis consin, March 9, 1869; Maine, March 12, 1S69; Louisiana, March 5, 1869 Michigan, March 8, 1869; South Carolina, March 16, 1S69; Pennsylvania March 26, 1869; Arkansas, March 30, 1869; Connecticut, May 19, 1869 Florida, June 15, 1869; Illinois, March 5, 1869; Indiana, May 13-14, 1869; New York, March 17-April 14, 1869 (and the legislature of the same State passed a resolution January 5, 1S70, to withdraw its consent toil); New Hampshire, July 7, 1869; Nevada, March 1,1869; Vermont, October 21, 1869; Virginia, October 8, 1869; Missouri, January 10, 1870; Mississippi, January 15-17, 1870; Ohio, January 27, 1870; Iowa, Feb- ruary 3, 1870; Kansas, January 18-19, 1870; Minnesota, February 19, 1870; Rhode Island, January 18, 1S70; Nebraska, February 17, 1870; Texas, I-'ebruary 18, 1870. The State of Georgia also ratified the amend- ment February 2, 1870. APPENDIX 384' ARTICLE XVI.* Section i. The Congress shall have power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several States, and without regard to any census or enumeration. ARTICLE XVII.t Section i. The Senate of the United States shall be composed of two Senators from each State, elected by the people thereof, for six years ; and each Senator shall have one vote. The electors in each State shall have the qualifications requisite for electors of the most numerous branch of the State legislatures. Section 2. When vacancies happen in the represen- tation of any $tate in the Senate, the executive authority of such State shall issue writs of election to fill such vacancies : Provided, That the legislature of any State may empower the executive thereof to make temporary appointments until the people fill the vacancies by elec- tion as the legislature may direct. * Article XVI passed the Senate, July 5, 1909; passed the House, July 12, 1909; proclaimed by Philander C. Knox, as having become valid as part of the Constitution, February 25, 1913; was ratified by the States as follows: Alabama, August 17, 1909; in 1910, by Kentucky, February 8 (or 9); South Carolina, February 19; Illinois, March i; Mississippi, March 7; Oklahoma, March 14; Maryland, April 8; Georgia, August 3; Texas, August 17; in 1911, by Ohio, January 19; Idaho, January 20 ; Oregon, January 23 ; Washington, January 26 ; Mon- tana, California, January 31 ; Indiana, February 6; Nevada, February 8; Nebraska, North Carolina, February 1 1 ; Colorado, February 20 ; North Dakota, February 21; Michigan, February 23; Iowa, February 27; Missouri, March 16; Maine, March 31 ; Tennessee, April 7; Arkansas, April 22 ; Wisconsin, May 26; New York, July 12; in 1912, by South Dakota, February 3; Arizona, April 9; Minnesota, June 11 ; in 1913, by Delaware, Wyoming, February 3 ; New Jersey, New Mexico, February 5. Rejected by Rhode Island, April 29, 1910; New Hampshire, March 2, 1911 (Senate) ; Utah, March 9, 191 1 (House). t Article XVII passed the House, April 13, 191 1 ; passed the Senate, June 12, 191 1 ; proclaimed by William J. Bryan, Secretary of State, as hav- ing become valid as part of the Constitution, May 31, 1913, having been ratified by the following States : in 191 2, by Massachusetts, May 22; 384** APPENDIX Section 3. This amendment shall not be so construed as to affect the election or term of any Senator chosen before it becomes valid as part of the Constitution. Arizona, June 3; Minnesota, June 10; in 191 3, by New York, January 15 ; Kansas, January 17; Oregon, January 23; North Carolina, January 25; Michigan, California, January 28 ; Idaho, January 31 ; West Virginia, Feb- uary 4 ; Nebraska, February 5 ; Iowa, Februai7 6 ; Washington, Montana, Texas, February 7 ; Wyoming, February 11 ; Illinois, Colorado, February 13; North Dakota, February 18; Nevada, Vermont, February 19; Maine, February 20; New Hampshire, February 21; Oklahoma, Feb- ruary 24; Ohio, February 25; South Dakota, February 27; Indiana, March 6; Missouri, March 7; New Jersey, March 18 ; Tennessee, April i; Arkansas, April 14; Pennsylvania, Connecticut, April 15; Wisconsin, May 9. THE CONSTITUTION 385 RATIFICATIONS OF THE CONSTITUTION. The Constitution was adopted by a convention of the States September 17, 1787, and was subsequently ratified by the several States, in the following order, viz : Delaware, December 7, 1787. Pennsylvania, December 12, 1787. New Jersey, December 18, 1787. Georgia, January 2, 1788. Connecticut, January 9, 1788. Massachusetts, February 6, 1788. Maryland, April 28, 1788. South Carolina, May 2.2^, 1788. New Hampshire, June 21, 1788. Virginia, June 26, 1788. New York, July 26, 1788. North Carolina, November 21, 1789. Rhode Island, May 29, 1790. The State of Vermont, by convention, ratified the Con- stitvUion on the loth of January, 1791, and was, by an act of Congress of the i8th of February, 1791, " received and admitted into this Union as a new and entire member of the United States of America." ■RATIFICATIONS OF THE AMENDMENTS TO THE CONSTITUTION. The first ten of the preceding articles of amendment (with two others which were not ratified by the requisite number of States) were submitted to the several State legislatures by a resolution of Congress which passed on the 25th of September, 1789, at the first session of the 25 386 APPENDIX First Congress, and were ratified by the legislatures of the following States : New Jersey, November 20, 1789. Maryland, December 19, 1789. North Carolina, December 22, 1789. South Carolina, January 19, 1790. New Hampshire, January 25, 1790. Delaware, January 28, 1790. Pennsylvania, March 10, 1790. New York, March 2^, 1790. Rhode Island, June 15, 1790. Vermont, November 3, 1791. Virginia, December 15, 1791. The acts of the legislatures of the States ratifying these amendments were transmitted by the governors to the President, and by him communicated to Congress. The legislatures of Massachusetts, Connecticut, and Georgia do not appear by the record to have ratified them. The eleventh article was submitted to the legislatures of the several States by a resolution of Congress passed on the 5th of March, 1794, at the first session of the Third Congress; and on the 8th of January, 1798, at the second session of the Fifth Congress, it was declared by the President, in a message to the two Houses of Congress, to have been adopted by the legislatures of three-fourths of the States, there being at that time six- teen States in the Union. The twelfth article was submitted to the legislatures of the several States, there being then seventeen States, by a resolution of Congress passed on the 12th of Decem- ber, 1803, at the first session of the Eighth Congress, and was ratified by the legislatures of three-fourths of the States in 1804, according to a proclamation of the Secre- tary of State dated the 25th of September, 1804. The thirteenth article was submitted to the legislatures of the several States, there being then thirty-six States, by a resolution of Congress passed on the ist of February, 1865, at the second session of the Thirty-eighth Congress, THE CONSTITUTION 387 and was ratified, according to a proclamation of the Secretary of State dated December 18, 1865, by the legis- latures of the following States: Illinois, February i, 1865. Rhode Island, February 2, 1865. Michigan, February 2, 1865. Maryland, February 3, 1865. New York, February 3, 1865. West Virginia, February 3, 1865. Maine, February 7, 1865. Kansas, February 7, 1865. Massachusetts, February 8, 1865. Pennsylvania, February 8, 1865. Virginia, February 9, 1865. Ohio, February 10, 1865. Missouri, February 10, 1865. Indiana, February 16, 1865. Nevada, February 16, 1865. Louisiana, February 17, 1865. Minnesota, February 23, 1865. Wisconsin, March i. 1865. Vermont, March 9, 1865. Tennessee, April 7, 1865. Arkansas, April 20, 1865. Connecticut, May 5, 1865. New Hampshire, July i, 1865. South CaroHna, November 13, 1865. Alabama, December 2, 1865. North Carolina, December 4, 1865. Georgia, December 9, 1865. The following States not enumerated in the proclama- tion of the Secretary of State also ratified this amendment : Oregon, December 11, 1865. California, December 20, 1865. Florida, December 28, 1865. New Jersey, January 23, 1866. Iowa, January 24, 1866. Texas, February 18, 1870. 388 APPENDIX Mississippi rejected the amendment, December 4, 1865 ; Kentucky, February 2.2, 1865; Delaware, February 7, 1867; Maryland, March 23, 1867. The fourteenth article was submitted to the legislatures of the several States, there being then thirty-seven States, by a resolution of Congress passed on the i6th of June, 1866, at the first session of the Thirty-ninth Congress, and was ratified, according to a proclamation of the Sec- retary of State dated July 28, 1868, by the legislatures of the following States : Connecticut, June 30, 1866. New Hampshire, July 7, 1866. Tennessee, July 19, 1866. * New Jersey, September 11, 1866. t Oregon, September 19, 1866. Vermont, November 9, 1866. New York, January 10, 1867. X Ohio, January 11, 1867. Illinois, January 15, 1867. West Virginia, January 16, 1867. Kansas, January 18, 1867. ]\Iaine, January 19, 1867. Nevada, January 22, 1867. Missouri, January 26, 1867. Indiana, January 29, 1867. Minnesota, February i, 1867. Rhode Island, February 7, 1867. Wisconsin, February 13, 1867. Pennsylvania. February 13, 1867. Michigan, February 15, 1867. Massachusetts, March 20, 1867, Nebraska, June 15, 1867. Iowa, April 3, 1868. Arkansas, April 6, 1868. Florida, June 9, 1868. * New Jersey withdrew her consent to the ratification March 27, 1868. t Oregon withdrew her consent to the ratification October 15. 1S68. \ Ohio withdrew her consent to the ratification January 15, 1868. THE CONSTITUTION 389 * North Carolina, July 4, 1868. Louisiana, July 9, 1868. * South Carolina, July 9, 1868. Alabama, July 13, 1868. * Georgia, July 21, 1868. * The State of Virginia ratified this amendment on the 8th of October, 1869; Mississippi, January 17, 1870; Texas, February 18, 1870, — subsequent to the date of the proclamation of the Secretary of State. The States of Delaware, Maryland and Kentucky, re- jected the amendment. The fifteenth article was submitted to the legislatures of the several States, there being then thirty-seven States, by a resolution of Congress passed on the 27th of Feb- ruary, 1869, at the first session of the Forty-first Congress ; and was ratified, according to a proclamation of the Secretary of State dated March 30, 1870, by the legis- latures of the following States : Nevada, March i, 1869. West Virginia, March 3, 1869. North Carolina, March 5, 1869. Louisiana. March 5, 1869. Illinois, March 5, 1869. Michigan, March 8, 1869. Wisconsin, March 9, 1869. Massachusetts, March 12, 1869. Maine, March 12, 1869. South Carolina, March 16, 1869. Pennsylvania, March 26, 1869. Arkansas, March 30, 1869. t New York, April 14, 1869. Indiana, May 14, 1869. Connecticut, May 19, 1869. Florida, June 15, 1869. New Hampshire, July 7, 1869. Virginia, October 8, 1869. * North Carolina, South Carolina, Georgia, and Virginia had pre- viously rejected the amendment. t New York withdrew her consent to the ratification January 5, 1870. 390 APPENDIX ' Vermont, October 21, 1869. Alabama, November 24, 1869. Missouri, January 10, 1870. Mississippi, January 17, 1870. Rhode Island, January 18, 1870. Kansas, January 19, 1870. * Ohio, January 27, 1870. Georgia, February 2, 1870. Iowa, February 3, 1870. Nebraska, February 17, 1870. Texas, February 18, 1870. Minnesota, February 19, 1870. t The State of New Jersey ratified this amendment on the 2 1st of February, 1871, subsequent to the date of the proclamation of the Secretary of State. The States of California, Delaware, Kentucky, Mary- land, Oregon, and Tennessee rejected this amendment. * Ohio had previously rejected the amendment May 4, 1869. t New Jersey had previously rejected the amendment. I INDEX TO THE CONSTITUTION OF THE UNITED STATES AND AMENDMENTS THERETO A. Art. Sec. CI. Page Abridged. The privileges or immunities of citizens of the United States shall not be. [Amendments] 14 i — 380 Absent members, in such manner and under such penal- ties as it may provide. Each House is author- ized to compel the attendance of I 5 i 350 Accounts of receipts and expenditures of public money shall be published from time to time. A state- ment of the I 9 7 35S Accusation. In all criminal prosecutions the accused shall be informed of the cause and nature of the. [Amendments] 6 — — 376 Accused shall have a speedy public trial. In all crimi- nal prosecutions the. [Amendments] .... 6 — — 376 He shall be tried by an impartial jury of the State and district where the crime was committed. [Amendments] 6 — — 376 He shall be informed of the nature of the accusa- tion. [Amendments] 6 — — 376 He shall be confronted with the witnesses against him. [Amendments] 6 — — 376 He shall have compulsory process for obtaining witnesses in his favor. [Amendments] ... 6 — — 376 He shall have the assistance of counsel for his defense. [Amendments] 6 — — 376 Actions at common law involving over twenty dollars shall be tried by jury. [Amendments] ... 7 — — 377 Acts, records, and judicial proceedings of another State. Full faith and credit shall be given in each State to the 4 i — 368 Acts. Congress shall prescribe the manner of prov- ing such acts, records, and proceedings ... 4 i — 368 Adjourn from day to day. A smaller number than a quorum of each House may i 5 i 350 Adjourn for more than three days, nor to any other place than that in which they shall be sitting. Neither House shall, during the session of Con- gress, without the consent of the other . . . i 5 4 350 392 IxNDEX TO THE CONSTITUTION Art. Sec. CI. Page Adjournment, the President may adjourn them to such time as he shall think proper. In case of dis- agreement between the two Houses as to . . 2 3 — 362 Admiralty and maritime jurisdiction. The judicial power shall extend to all cases of 3 2 i 365 Admitted by the Congress into this Union, but no new .State shall be formed or erected within the juris- diction of any other State. New States may be 4 3 i 369 Nor shall any State be formed by the junction of two or more States, or parts of States, without the consent of the legislatures and of Congress. 431 369 Adoption o{ \.\\^ Constitution shall be valid. All debts and engagements contracted by the Confedera- tion and before the 6 — I 371 Advice and consent of the Senate. The President shall have power to make treaties by and with the 2 2 2 364 To appoint ambassadors or other public ministers and consuls by and with the 2 2 2 364 To appoint all other ofificers of the United States not herein otherwise provided for by and with the 222 364 Affirmation. Senators sitting to try impeachments shall be on oath or I 3 6 349 To be taken by the President of the United States. Form of the oath or 2 i 7 363 No warrants shall be issued but upon probable cause and on oath or. (Amendments] ... 4 — — 375 To support the Constitution. Senators and Rep- resentatives, members of State legislatures, executive and judicial ofificers, both State and Federal, shall be bound by oath or 6 — 3 37^ Age. No person shall be a Representative who shall not have attained twenty-five years of ... . i 2 2 348 No person shall be a Senator who shall not have attained thirty years of I 3 3 349 Agreement or compact with another State without the consent of Congress. No State shall enter into any I 10 3 361 Aid and comfort. Treason against the United States shall consist in levying war against them, ad- hering to their enemies, and giving them •••331 368 Alliance or confederation. No State shall enter into any treaty of i 10 i 358 Ambassadors, or other public ministers and consuls. The President may appoint 2 2 2 364 The judicial i^ower of the United States shall extend to all cases affecting 2 2 i 363 Amendments to the Constitution. Whenever two-thirds of both Houses shall deem it necessary. Con- gress shall propose 5 — — 375 On application of the legislatures of two-thirds of the States, Congress shall call a convention to propose 5 — — 375 OF THE UNITED STATES 393 Art. Sec. CI. Page Amendments to the Constitution. Shall be valid when ratified by the legislatures of, or by conventions in, three-fourths of the States 5 — — 375 Answer for a capital or infamous crime unless on pre- sentment of a grand jury. No person shall be held to. [Amendments] 5 — — 375 Except in cases in the land or naval forces, or in the militia when in actual service. [Amend- ments] • 5 375 Appellate jurisdiction both as to law and fact, with such exceptions and under such regulations as Congress shall make. In what cases the Su- preme Court shall have 3 2 2 367 Application of the legislature or the executive of a State. The United States shall protect each State against invasion and domestic violence on the 4 4 — 37° Application of the legislatures of two-thirds of the States, Congress shall call a convention for pro- posing amendments to the Constitution. On the .- 5 — — 375 Appointment of officers and authority to train the militia reserved to the States respectively i 8 16 355 Of such inferior officers as they may think proper in the President alone. Congress may by law vest the 2 2 2 364 Appointme7its in the courts of law or in the heads of Departments. Congress may by law vest the .••••.• 2 2 2 364 Apportionnietit of representation and direct taxation among the several States. Provisions relating to the. [Repealed by section 2 of fourteenth amendment] i 2 3 348 Of Representatives among the several States. Provisions relating to the. [Amendments] . . 14 2 — 382 Appropriate legislation. Congress shall have power to make all laws necessary and proper for carrying into execution the foregoing powers, and all other powers vested by the Constitution in the Government of the United States, or in any department or officer thereof i 818 356 Congress shall have power to enforce the thir- teenth article, prohibiting slavery, by. [Amend- ments] 13 2 — 380 Congress shall have power to enforce the pro- visions of the fourteenth article by. [Amend- ments] 14 5 — 3S3 Congress shall have power to enforce the pro- visions of the fifteenth article by. [Amend- ments] •. • '5 2 — 3S4 Appropriation of money for raising and supporting armies shall be for a longer term than two years. But no i 812 355 394 INDEX TO THE CONSTITUTION Art. Sec. CI. Page Appropriations made by law. No money shall be drawn from the Treasury but in consequence of I 9 7 358 Approve and sign a bill before it shall become a law. The President shall / • . • ^ ^ 2 351 He shall return it to the House in which it orig- inated, with his objections, if he do not ... i 7 2 351 Armies, but no appropriation for that use shall be for a longer term than two years. Congress shall have power to raise and support i 812 355 Armies. Congress shall make rules for the govern- ment and regulation of the land and naval forces . I 8 14 355 Ar7ns shall not be infringed. A well-regulated militia being necessary to the security of a free State, the right of the people to keep and bear. [Amendments] 2 — — 374 Arrest A\ix\w^ their attendance at the session of their respective Houses, and in going to and returning from the same. Members shall in all cases, except treason, felony, and breach of the peace, be privileged from i 6 i 350 Arsenals. Congress shall exercise exclusive authority over all places purchased for the erection of . i 817 356 Articles exported from any State. No tax or duty shall be laid on. ..'... i 9 5 357 Arts by securing to authors and inventors their patent rights. Congress may promote the progress of science and the useful i 8 8 354 Assistance of counsel for his defense. In all crim- inal prosecutions the accused shall have the. [Amendments] 6 — — 376 Assumption of the debt or obligations incurred in aid of rebellion or insurrection against the United States. Provisions against the. [Amend- ments] • '4 4 — 3S3 Attainder or ex post facto law shall be passed. No bill of I 9 3 357 Attainder, ex post facto \2.vi, or law impairing the obli- gation of contracts. No State shall pass any bill of I 10 I 358 Attainder of treason shall not work corruption of blood or forfeiture, except during the life of the per- son attainted 3 3 2 368 Attthors and inventors the exclusive right to their ,n writings and inventions. Congress shall have power to secure to i 8 8 354 B. Bail. Excessive bail shall not be required, nor excess- ive fines nor cruel and unusual punishments imposed. [Amendments] 8 — — 377 OF THE UNITED STATES 395 Art. Sec. CI. Page Ballot for President and Vice-President. The electors shall vote by. [Amendments] 12 — — 378 Ballot. If no person have a majority of the electoral votes for President and Vice-President, the House of Representatives shall immediately choose the President by. [Amendments] . . 12 — — 378 Bankruptcies. Congress shall have power to pass uni- form laws on the subject of i 8 4 354 Basis of representation among the several States. Provisions relating to the. [Amendments] .14 2 — 382 Bear arms shall not be infringed. A well-regulated militia being necessary to the security of a free State, the right of the people to keep and. [Amendments] 2 — — 374 Behavior. The judges of the Supreme and inferior courts shall hold their offices during good ..31 — 3615 ^/// (T/'fl/'/fl/W^r or ^j:/'t'j//?c^c law shall be passed. No i 9 3 357 Bill of attainder, ex post facto law, or law impairing the obligation of contracts. No State shall pass any i 10 i 358 Bills of credit. No State shall emit i 10 i 358 Bills for raising revenue shall originate in the House of Representatives. All i 7 I 351 Bills which have passed the Senate and House of Representatives shall, before they become laws, be presented to the President I 7 2 351 If he approve, he shall sign them ; if he disap- prove, he shall return them, with his objections, to that House in which they originated ... I 7 2 351 Bills. Upon the reconsideration of a bill returned by the President, with his objections, if two-thirds of each House agree to pass the same, it shall become a law i 72 351 Upon the reconsideration of a bill returned by the President, the question shall be taken by yeas and nays : i 7 2 351 Not returned by the President within ten days (Sundays excepted), shall, unless Congress adjourn, become laws I 7 2 351 Borrow money on the credit of the United States. Congress shall have power to i 8 2 352 Bounties and pensions, shall not be questioned. The validity of the public debt incurred in sup- pressing insurrection and rebellion against the United States, including the debt for. [ Amend- me ts] _. 14 4 — 3S3 Breach of the peace, shall be privileged from arrest while attending the session, and in going to and returning from the same. Senators and Repre- sentatives, except for treason, felony, and ..161 350 Bribery, or other high crimes and misdemeanors. The President, Vice-President, and all civil offi- ers shall be removed on impeachment for and conviction of treason 2 4 — 365 396 INDEX TO THE CONSTITUTION c. Art. Sec. CI. Page Capital or otherwise infamous crime, unless on indict- ment of a grand jury, except in certain specified cases. No person shall be held to answer for a. [Amendments] • 5 — 375 Capitation or other direct tax shall be laid unless in proportion to the census or enumeration. No I 9 4 357 Captures on land and water. Congress shall make rules concerning i 811 355 Casting vote. The Vice-President shall have no vote unless the Senate be equally divided .... i 3 4 349 Census or enumeration of the inhabitants shall be made within three years after the first meeting of Congress, and within every subsequent term of ten years thereafter • • i 2 3 348 Census or enumeration. No capitation or other direct tax shall be laid except in proportion to the .194 357 Chief Justice shall preside when the President of the United States is tried upon impeachment. The i 3 6 349 Choosing the electors and the day on which they shall give their votes, which shall be the same through- out the United States. Congress may deter- mine the time of 2 i 3 362 Citizen of the United States at the adoption of the Constitution shall be eligible to the office of President. No person not a natural born ..214 362 Citizen of the United States. No person shall be a Senator who shall not have attained the age of thirty years and been nine years a i 3 3 349 No person shall be a Representative who shall not have attained the age of twenty-five years and been seven years a I 2 2 348 Citizenship. Citizens of each State shall be entitled to all the privileges and immunities of citizens of the several States 4 2 i 369 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 in which they reside. [Amendments] ... 14 I — 380 No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States. [Amendments] 14 i — 3S0 Nor shall any State deprive any person of life, liberty, or property without due process of law. [Amendments] 14 ' — 3^° Nor deny to any person within its jurisdiction the equal protection of the laws. [Amendments] 14 i — 380 Citizens or subjects of a foreign state. The judicial power of the United States shall not extend to suits in law or equity brought against one of the States by the citizens of another State, or by. [Amendments] ^ . . . w — — 3 OF THE UNITED STATES 397 Civil officers of the United States shall, on impeach- ment for and conviction of treason, bribery, and other high crimes and misdemeanors, be re- moved. All Claims of the United States or any particular State in the Territory or public property. Nothing in this Constitution shall be construed to preju- dice Classification of Senators. Immediately after they shall be assembled after 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 Art. Sec. CI. Page Z^S 3 2 370 3 2 349 year 3 2 349 The seats of the Senators of the second class at the expiration of the fourth year i 3 2 349 The Seats of the Senators of the third class at the expiration of the sixth year i 3 2 349 Coin a tender in payment of debts. No State shall make anything but gold and silver i 10 i 358 Coin money and regulate the value thereof and of foreign coin. Congress shall have power to I 8 5 354 Coin of the United States. Congress shall provide for punishing the counterfeiting the securities and current . i 8 6 354 Color, or previous condition of servitude. The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race. [Amend- ments] IS 1 — 384 Comfort. Treason against the United States shall consist in levying war against them, and giving their enemies aid and 3 3 i 36S Comtnaitder in Chief oi the Army and Navy, and of the militia when in actual service. The President shall be 2 2 i 3^3 Commerce with foreign nations, among the States, and with Indian tribes. Congress shall have power to regulate i 8 3 352 Commerce or revenue. No preference shall be given to the ports of one State over those of another by any regulation of i 9 6 357 Vessels clearing from the ports of one State shall not pay duties in those of another i 9 6 357 Commissions to expire at the end of the next session. The President may fill vacancies that happen in the recess of the Senate by granting ... 2 2 3 364 Common defense, promote the general welfare, etc. To insure the. [Preamble] — — — 347 Common defense and general welfare. Congress shall have power to provide for the i 8 i 351 398 INDEX TO THE CONSTITUTION Art. Sec. CI. Page Common law, where the amount involved exceeds twenty dollars, shall be tried by jury. Suits at. [Amendments] 7 — — 377 No fact tried by a jury shall be otherwise re-exam- ined in any court of the United States than ac- cording to the rules of the. [Amendments] . 7 — — 377 Compact with another State. No State shall, without the consent of Congress, enter into any agree- ment or I 10 3 361 Compact with a foreign power. No State shall, with- out the consent of Congress, enter into any agreement or i 10 3 361 Compensation of Senators and Representatives to be ascertained by law i 6 i 350 Compensatiofi of the President shall not be increased nor diminished during the period for which he shall be elected 2 i 6 363 Compensation of the judges of the Supreme and infer- ior courts shall not be diminished during their continuance in office 3 i — 365 Compensation. Private property shall not be taken for public use without just. [Amendments] . . 5 — — 375 Compulsory process for obtaining witnesses in his favor. In criminal proscecutions the accused shall have. [Amendments] 6 — — 376 Confederation. No State shall enter into any treaty, alliance, or I 10 i 358 Confederation. All debts contracted and engagements entered into before the adoption of this Con- stitution shall be as valid against the United States under it as under the 6 — i 371 Confession in open court. Conviction of treason shall be on the testimony of two persons to the overt act, or upon 3 3 i 36S Congress of the United States. All legislative powers shall be vested in a i i — 347 Shall consist of a Senate and House of Repre- sentatives I I — 347 Congress shall assemble at least once in every year, which shall be on the first Monday of Decem- ber, unless they by law appoint a different day 142 350 May at any time alter regulations for elections of Senators and Representatives, except as to the places of choosing Senators i 4 i 349 Each House shall be the judge of the elections, returns, and qualifications of its own members 151 350 A majority of each House shall constitute a quorum to do business i 5 i 350 A smaller number may adjourn from day to day and may be authorized to compel the attend- ance of absent members i 5 i 350 Each House may determine the rules of its pro- ceedings, punish its members for disorderly ec. Cl. Page 5 2 350 5 3 350 5 4 350 6 I 350 OF THE UNITED STATES 399 Art. behavior, and, with the concurrence of two- thirds, expel a member • I Coni^ri'ss. Each House shall keep a journal of its proceedings i Neither House, during the session of Congress, shall, without the consent of the other, adjourn for more than three days i Senators and Representatives shall receive a compensation to be ascertained by law ... i They shall in all cases, except treason, felony, and breach of the peace, be privileged from arrest during attendance at their respective Houses, and in going to and returning from the same .• • .• ^ ^ i 35° No Senator or Representative shall, during his term, be appointed to any civil office which shall have been created, or of which the emolu- ments shall have been increased, during such term i 6 2 351 No person holding any office under the United States shall, while in oflice, be a member of either House of Congress I All bills for raising revenue shall originate in the House of Representatives i Proceedings in cases of bills returned by the President with his objections i Shall have power to lay and collect duties, im- posts, and excises, pay the debts, and pro- vide for the common defense and general welfare • I Shall have power to borrow money on the credit of the United States i To regulate foreign and domestic commerce, and with the Indian tribes I To establish an uniform rule of naturalization and uniform laws on the subject of bank- ruptcies 1 s 4 354 To coin money, regulate its value, and the value of foreign coin, and to fix the standard of weights and measures i 8 5 354 To punish the counterfeiting the securities and current coin of the United States i 8 6 354 To establish post-offices and post-roads .... i 8 7 354 To promote the progress of science and the useful arts I 8 8 354 To constitute tribunals inferior to the Supreme Court .• • • ■ ^ ^ 9 355 To define and punish piracies and felonies on the high seas and to punish offenses against the law of nations i 8 10 355 To declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water i 8 11 355 6 351 7 I 351 7 I 351 8 I 351 8 2 352 8 3 352 400 INDEX TO THE CONSTITUTION Art. Sec. CI. Page Congress shall have power to raise and support armies, but no appropriation of money to that use shall be for a longer term than two years . i 812 355 To provide and maintain a Navy i 813 355 To make rules for the government of the Army and Navy i 8 14 355 To call out the militia to execute the laws, sup- press insurrections, and repel invasions ... i 815 355 To provide for organizing, arming, and equipping the militia . i 8 16 355 To exercise exclusive legislation over the District fixed for the seat of government, and over forts, magazines, arsenals, and dockyards .... i 817 356 To make all laws necessary and proper to carry into execution all powers vested by the Constitution in the government of the United States . i 8 18 356 No person holding any office under the United States shall accept of any present, emolument, office, or title of any kind from any foreign State, without the consent of i 9 8 358 May determine the time of choosing the elec- tors for President and Vice-President and the day on which they shall give their votes ... 2 The President may, on extraordinary occasions, convene either House of 2 The manner in which the acts, records, and judicial proceedings of the States shall be proved, shall be prescribed by 4 New States may be admitted by Congress into this Union 4 Shall have power to make all needful rules and regulations respecting the territory or other property belonging to the United States ... 4 Amendinents to the Constitution shall be pro- posed whenever it shall be deemed necessary by two-thirds of both Houses of 5 Persons engaged in insurrection or rebellion against the United States disqualified for Sen- ators or Representatives in. [Amendments] . 14 But such disqualifications may be removed by a vote of two-thirds of both Houses of. [Amend- ments] 14 Shall have power to enforce, by appropriate legis- lation, the thirteenth amendment. [Amend- ments] • *3 Shall have power to enforce, by appropriate legis- lation, the fourteenth amendment. [Amend- ments] 14 Shall have power to enforce, by appropriate legis- lation, the fifteenth amendment. [Amendments] 15 Consent. No State shall be deprived of its equal suffrage in the Senate without its 5 I 3 3b2 3 - 364 I — 368 3 2 370 3 I 369 - — 370 3 — 383 3 — 383 2 — 380 5 — 383 2 — 384 - — 371 OF THE UNITED STATES 401 Art. Sec. CI. Page Consent of Congress. No person holding any office of piont or trust under the United States shall accept of any present, emolument, office, or title of any kind whatever, from any king, prince, or oreign potentate, without the I 9 8 358 No State shall lay any imposts or duties on im- ports, except what may be absolutely neces- sary for executing its inspection laws, without the I 10 2 360 No State shall lay any duty of tonnage, keep troops or ships of war in time of peace, without the I 10 3 361 No State shall enter into any agreement or com- pact with another State, or with a foreign power without the i 10 3 361 No State shall engage in war unless actually in- vaded, or in such imminent danger as will not admit of delay, without the I 10 3 361 No new State shail be formed or erected within the jurisdiction of any other State, or any State be formed by the junction of two or more States, or parts of States, without the consent of the legislatures thereof, as well as the ..431 369 Cortitxt of the legislature of the State in which the same may be. Congress shall exercise exclusive authority over all places purchased for the erec- tion of forts, magazines, arsenals, dockyards, and other needful buildings with the .... i 817 356 Consent of the legislatures of the States and of Con- gress. No State shall be formed by the junction of two or more States or parts of States without the 4 3 I 369 Consent of the other. Neither House, during the session of Congress, shall adjourn for more than three days, nor to any other place than that in which they shall be sitting, without the i 5 4 350 Consent 0/ the owner. No soldier shall be quartered in time of peace in any house without the. [Amendments] 3 — — 374 Consent of the Senate. The President shall have power to make treaties, by and with the advice and .222 364 The President shall appoint ambassadors, other public ministers and consuls, judges of the Supreme Court, and all other officers created by law and not otherwise herein provided for, by and with the advice and 2 2 2 364 Constittition, in the Government of the United States, or in any department or officer thereof. Congress shall have power to pass all laws necessary to the execution of the powers vested by ... . i 818 356 Constitution, shall be elegible to the office of President. No person, except a natural-born citizen, or a citizen a^the time o£ the adoption of the ..214 363 26 402 INDEX TO THE CONSTITUTION Art. Sec CI. Page Constitution. The President, before he enters upon the execution of his office, shall take an oath to preserve, protect, and defend the 2 i 7 363 Constitution, laws, and treaties of the United States. The judicial power shall extend to all cases arising under the 3 2 i 365 Constitution shall be so construed as to prejudice any claims of the United States, or of any State (in respect to territory or other property of the United States). Nothing in the 432 370 Constitution. The manner in which amendments to, may be proposed and ratified 5 — — 370 Constitution shall be as valid under it as under the Confederation. All debts and engagements contracted before the adoption of the .... 6 — i 371 Constitution, and the laws made in pursuance thereof, and all treaties made, or which shall be made, by the United States, shall be the supreme law of the land. The 6 — 2 371 The judges in every State, anything in the consti- tution or laws of a State to the contrary not- withstanding, shall be bound thereby .... 6 — 2 371 Constitution. All officers, legislative, executive, and judicial, of the United States, and of the several States, shall be bound by an oath to support the 6 — 3 371 But no religious test shall ever be required as a qualification for any office or public trust . . 6 — 3 371 Constitution, between the States so ratifying the same. The ratification of the conventions of nine States shall be sufficient for the establishment of the 7 — — 372 Constitution of certain rights shall not be construed to deny or disparage others retained by the people. The enumeration in the. | Amendments] . . 9 — — 377 Constitution, nor prohibited by it to the States, are re- served to the State respectively or to the people. Powers not delegated to the United States by the. [Amendments] lo — — 377 Constitution, and then engaged in rebellion against the United States, disqualification for office im- posed upon certain classes of persons who took an oath to support the. [Amendments] ... 14 3 — 383 Constitution. Done in convention by the unanimous consent of the States present, September 17, 17S7 — — — Z^l Contracts. No State shall pass ^.Vi^ ex post facto law, or law impairing the obligation of I 10 I 358 Controversies to which the United States shall be a party ; 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; between a State or its citizens Sec. CI. Page 2 I 365 3 — 364 — — 370 372 372 3 6 349 8 8 354 3 2 368 OF THE UNITED STATES 403 Art. and foreign States, citizens, or subjects. The judicial power shall extend to 3 Convene Congress or either House, on extraordinary occasions. The President may 2 Convention for proposing amendments to the Con- stitution. Congress, on the application of two- thirds of the legislatures of the States, may call a i) Convention, by the unanimous consent of the States present on the 17th of September, 1787. Adopt- ion of the Constitution in 7 Conventions of nine States shall be sufficient for the establishment of the Constitution. The ratifi- cation of the 7 Conviction in cases of impeachment shall not be had without the concurrence of two-thirds of the members present I Copyrights to authors for limited times. Congress shall have power to provide for i Corruption of blood. Attainder of treason shall not work 3 Counsel for his defense. In all criminal prosecutions the accused shall have the assistance of. [Amendments] 6 — — 376 Counterfeiting the securities and current coin of the United States. Congress shall provide for the punishment of i 8 6 354 Courts. Congress shall have power to constitute tri- bunals inferior to the Supreme Court .... i 8 9 355 Courts of law. Congress may by law vest the appoint- ment of such inferior otiticers as they think proper in the President alone, in the heads of Departments, or in the 2 2 2 364 Courts as Congress may establish. The judicial power of the United States shall be vested in one Su- preme Court and such inferior 3 i — 365 Courts. The judges of the Supreme and inferior courts shall hold their offices during good behavior 3 i — 365 Their compensation shall not be diminished dur- ing their continuance in office 3 i — 365 Credit. No State shall emit bills of i 10 i 358 Credit of the United States. Congress shall have power to borrow money on the i 8 2 352 Credit s\\2.\\ be given in every other State to the public acts, records, and judicial proceedings of each State. Full faith and 4 i — 368 Crime, unless on a presentment of a grand jury. No person shall be held to answer for a capital or otherwise infamous. [Amendments] .... 5 — — 375 Except in cases in the military and naval forces, or in the militia, when in actual service. [Amend- ments] 5 _ _ 375 404 INDEX TO THE CONSTITUTION Art. Sec. CI. Page Crimes afid misdemeanors. The President, Vice-Pres- ident, and all civil officers shall be removed on impeachment for and conviction of treason, bribery, or other 2 4 — 365 Crimes, except in cases of impeachment, shall be tried by jury. All 3 2 3 367 They shall be tried in the State within which they may be committed 3 2 3 367 When not committed in a State, they shall be tried at the places which Congress may by law have provided 3 2 3 367 Criminal prosecutions, the accused shall have a speedy and public trial by jury in the State and district where the crime was committed. In all. [Amend- ments] 6 — — 376 He shall be informed of the nature and cause of the accusation. [Amendments] 6 — — 376 He shall be confronted with the witnesses against him. [Amendments] 6 — — 376 He shall have compulsory process for obtaining witnesses in his favor. [Amendments] ... 6 — — 376 He shall have the assistance of counsel in his de- fense. [Amendments] 6 — — 376 Criminate himself. No person as a witness shall be compelled to. [Amendments] 5 — — 375 Cruel and unusual punis/iments inflicted. Excessive bail shall not be required, nor excessive fines imposed, nor. [Amendments] 8 — — 377 Danger as will not admit of delay. No State shall, without the consent of Congress, engage in war, unless actually invaded or in such imminent . i 10 3 361 Day on which they shall vote for President and Vice- President, which shall be the same throughout the United States. Congress may determine the time of choosing the electors and the ..213 362 Day to day, and may be authorized to compel the attendance of absent members. A smaller number than a quorum of each House may adjourn from i 5 i 350 Death, resignation, or inability of the President, the powers and duties of his office shall devolve on the Vice-President. In case of the .... 2 i 5 363 Death, resignation, or inability of the President. Con- gress may provide by law for the case of the removal 2 i 5 363 Debt of the United States, including debts for pensions and bounties incurred in suppressing insurrec- tion or rebellion, shall not be questioned. The validity of the public. [Amendments] ... 14 4 — 383 OF THE UNITED STATES 405 Art. Sec. CI. Page Debts. No State shall make anything but gold and silver coin a tender in payment of i lo i 358 Debts and provide for the common defense and general welfare of the United States. Congress shall have power to pay the i 8 I 351 Debts and engagements contracted before the adoption of this Constitution shall be as valid against the United States under it as under the Confed- eration 6 — I 371 Debts or obligations incurred in aid of insurrection or rebellion against the United States, or claims for the loss or emancipation of any slave. Neither the United States nor any State shall assume or pay any. [Amendments] .... 14 4 — 383 Declare War, grant letters of marque and reprisal, and make rules concerning captures on land and water. Congress shall have power to ... i 8 11 355 Defense, promote the general welfare, etc. To insure the common. [Preamble] — — — 347 Defense and general welfare throughout the United States. Congress shall have power to pay the debts and provide for the common i 8 i 351 Defense. In all criminal prosecutions the accused shall have the assistance of counsel for his. [Amendments] 6 — — 376 Delaware entitled to one Representative in the First Congress i 2 3 348 Delay. No State shall, without the consent of Con- gress, engage in war unless actually invaded, or in such imminent danger as will not admit of i 10 3 361 Delegated Xo the United States, nor prohibited to the States, are reserved to the States or to the people. The powers not. [Amendments] . . 10 — — 377 Deny or disparage others retained by the people. The enumeration in the Constitution of certain rights shall not be construed to. [Amendments] . . 9 — — 377 Departments upon any subject relating to their duties. The President mav require the written opinion of the principal officers in each of the Executive 2 Departments. Congress may by law vest the appoint- ment of inferior officers in the heads of . . . 2 Direct tax shall be laid unless in proportion to the census or enumeration. No capitation or other i Direct taxes and Representatives, how apportioned among the several States. [Repealed by the second section of the fourteenth amendment, on page 382] i Disability of the President and Vice-President. Pro- visions in case of the 2 Disability. No person shall be a Senator or Repre- sentative in Congress, or Presidential elector, or hold any office, civil or military, under the United States, or any State, who having previ- I 363 2 364 4 357 3 348 5 363 4o6 INDEX TO THE CONSTITUTION Art. Sec. CI. Page ously taken an oath as a legislative, executive, or judicial officer of the United States, or of any State, to support the Constitution, afterwards engaged in insurrection or rebellion against the United States. [Amendments] ...... 14 3 — 3^3 Disability. But Congress may, by a vote of two-thirds of each House, remove such. [Amendments] 14 3 — 3S3 Disagreement between the two Houses as to the time of adjournment, the President may adjourn them to such time as he may thinlv proper. In case of 2 3 — 362 Disorderly behavior. Each House may punish its members for " 5 - 35° And with the concurrence of two-thirds expel a member for ^ 5 ^ 350 Disparage others retained by the people. The enumera- tion in the Constitution of certain rights shall not be construed to deny or. [Amendments] 9 — — 377 Disqualification. No Senator or Representative shall during the time for which he was elected, be appointed to any office under the United States which shall have been created or its emolu- ments increased during such term ....162 351 No person holding any office under the United States shall be a member of either House dur- ing his continuance in office i 6 2 351 No person shall be a member of either House, Presidential elector, or hold any office under the United States, or any State, who, having pre- viously sworn to support the Constitution, after- wards engaged in insurrection or rebellion. [Amendments] '4 3 3°3 But Congress may, by a vote of two-thirds of each House, remove such disability. [Amendments] 14 3 — 3^3 District of Columbia. Congress shall exercise exclu- sive legislation in all cases over the .... I 8 17 356 Dockyards. Congress shall have exclusive authority over all places purchased for the erection of . i 817 356 Domestic tranquillity, provide for the common defense, etc. To insure. [Preamble] — — — 347 Domestic violence. The United States shall protect each State against invasion and • 4 4 37° Due process of law. No person shall be compelled, in any criminal case, to be a witness against him- self, nor be deprived of life, liberty, or property without. [Amendments] ........ 5 375 No State shall deprive any person of life, liberty, or property without. [Amendments] .... 14 I — 380 Duties and powers of the office of President, in case of his (death, removal, or inability to act, shall de- volve on the Vice-President • • 2 i 5 363 In case of the disability of the President and Vice- President, Congress shall declare what officer shall act 2 i 5 3^3 OF THE UNITED STATES 407 Art. Sec. CI. Page Duties, imposts, and excises. Congress shall have power to lay and collect taxes I 8 i 351 Shall be uniform throughout the United States . i 8 i 351 Duties shall be laid on articles exported from any State. No tax or I 9 5 357 Duties in another State. Vessels clearing in the ports of one State shall not be obliged to pay ...196 357 On imports and exports, without the consent of Congress, except where necessary for executing its inspection laws. No State shall lay any . . i 10 2 360 Duties on imports or exports. The net produce of all such duties shall be for the use of the Treasury of the United States i 10 2 360 All laws laying such duties shall be subject to the revision and control of Congress i 10 2 360 Duty of toiutage without the consent of Congress. No State shall lay any i 10 3 361 E. Election of President and Vice-President. Congress may determine the day for the 2 Shall be the same throughout the United States. The day of the 2 Elections for Senators and Representatives. The legis- latures of the States shall prescribe the times, places, and manner of holding X But Congress may, at any time, alter such regula- tions, except as to the places of choosing Senators i Elections for Senators and Representatives. Returns and qualifications of its own members. Each House shall be judge of the i Electors for members of the House of Representatives. Qualifications of i Electors for President and Vice-President. 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 Represen- tatives to which the State may be entitled in the Congress 2 i 2 361 But no Senator or Representative, or person hold- ing an office of trust or profit under the United States, shall be appointed an elector .... 2 i 2 361 Electors. Congress may determine the time of choos- ing the electors and the day on which they shall give their votes 2 I 3 362 Which day shall be the same throughout the United States 2 i 3 362 The electors shall meet in their respective States and vote by ballot for President and Vice-Presi- dent, one of whom, at least, shall not be an in- habitant of the same State with themselves. [Amendments] 12 — — 378 I 3 362 I 3 362 4 I 349 4 I 349 5 I 35° 2 I 350 3 — 383 3 — 383 4 o I 383 358 408 INDEX TO THE CONSTITUTION Art. Sec. CI. Page Electors shall name, in their ballots, the person voted for as President; and in distinct ballots the per- son voted for as Vice-President. [Amendments] 12 — — 378 They shall m.ake distinct lists of the persons voted for as President and of persons voted for as Vice-President, which they shall sign and cer- tify, and transmit sealed to the seat of govern- ment, directed to the President of the Senate. [Amendments] 12 — — 378 No person having taken an oath as a legislative, executive, or judicial officer of the United States, or of any State, and afterwards engaged in in- surrection or rebellion against the United States, shall be an elector 14 But Congress may, by a vote of two-thirds of each House, remove such disability. [Amendments] 14 Emancipation of any slave shall be held to be illegal and void. Claims for the loss or. [Amendments] 14 Emit bills of credit. No State shall i Emolument of any kind from any king, prince, or for- eign State, without the consent of Congress. No person holding any office under the United States shall accept any I 9 8 358 Enemies. Treason shall consist in levying war against the United States, in adhering to, or giving aid and comfort to their 3 3 i 368 Engagements contracted before the adoption of this Constitution shall be valid. All debts and . . 6 — i 371 Enumeration of the inhabitants shall be made within three years after (he first meeting of Congress, and within every subsequent term of ten years thereafter I 2 3 348 Ratio of representation not to exceed one for every 30,000 until the first enumeration shall be made i 2 3 348 Enumeration in the Constitution of certain rights shall not be construed to deny or disparage others retained by the people. The. [Amendments] 9 — — 371 Egiial protection of the laws. No State shall deny to any person within its jurisdiction the. [Amendments] 14 i — 380 Equal suffrage in the Senate. No State shall be de- prived without its consent of its 5 — — 370 Establishment of this Constitution l)etween the States ratifying the same. The ratification of nine States shall be sufficient for the 7 — — 372 Excessive hail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. [Amendments] 8 — — 377 Excises. Congress shall have power to lay and col- lect taxes, duties, imposts, and I 8 i 351 Shall be uniform throughout the United States. All duties, imposts, and i 8 i 351 OF THE UNITED STATES 409 Exclusive legislation, in all cases, over such district as may become the seat of government. Congress shall exercise i Exclusive legislation over all places purchased for the erection of forts, magazines, arsenals, dock- yards, and other needful buildings. Congress shall exercise I Executive of a State. The United States shall protect each State against invasion and domestic vio- lence on the application of the legislature or the 4 Executive and judicial officers of the United States and of the several States shall be bound by an oath to support the Constitution 6 Executive Departments. On subjects relating to their duties the President may require the written opinions of the principal officers in each of the 2 Congress may by law vest the appointment of inferior officers in the heads of 2 Executive power shall be vested in a President of the United States of America. The 2 Expel a member. Each House, with the concurrence of two-thirds, may Expenditures of public money shall be published from time to time. A regular statement of the re- ceipts and Exportations from any State. No tax or duty shall be laid on Exports or imports, except upon certain conditions. No State shall, without the consent of Congress, lay any duties on Laid by any State shall be for the use of the Treas- ury. The net produce of all duties on . . . Shall be subject to the revision and control of Congress. All laws of the States laying duties on Ex post facto law shall be passed. No bill of attainder or Ex post facto law, or law impairing the obligation of contracts. No State shall pass any bill of attainder Extraordinary occasions. The President may convene both Houses or either of them .*.... F. Faith and credit in each State shall be given to the acts, records, and judicial proceedings of an- other State. Full Felony, and breach of the peace. Members of Con- gress shall not be privileged from arrest for treason Felonies committed on the high seas. Congress shall have power to define and punish piracies and . Art. Sec. CI. Page I 8 17 356 17 356 — 370 3 371 2 364 1 361 2 350 7 358 5 357 2 360 2 360 2 360 3 357 I 358 — 362 - 368 I 350 10 355 410 INDEX TO THE CONSTITUTION Art. Sec. CI. Page Fines. Excessive fines shall not be imposed. [Amend- ments] 8 — — 377 Foreign coin. Congress shall have power to coin money, fix the standard of weights aud measures, and to regulate the value of • i 8 5 354 Foreign nations among the States and with the Indian tribes. Congress shall have power to regulate commerce with i 8 3 352 Foreign power. No State shall, without the consent of Congress, enter into any compact or agreement with any • • i 10 3 3^1 Forfeiture except during the life of the person attainted. Attainder of treason shall not work .... 3 3 2 368 Formation of new States. Provisions relating to the . 4 3 i 369 Fortn of government. The United States shall guaran- tee to every State in this Union a republican .44 — 370 And shall protect each of them against invasion ; and on application of the legislature or of the executive (when the legislature can not be con- vened) against domestic violence 4 4 — 37° Forts, magazines, arsenals, dockyards, and other need- ful buildings. Congress shall exercise exclusive authority over all places purchased for the erec- tion of 1 8 17 356 Freedom of speech or the press. Congress shall make no law abridging the. [Amendments] ... I — — 374 Free State, the right of the people to keep and bear arms shall not be infringed. A well-regulated militia being necessary to the security of a. [Amendments] 2 — — 374 Fugitives from crime found in another State shall, on demand, be delivered up to the authorities of the State from which they may flee 4 2 2 369 Fugitives from service or labor in one State, escaping into another State, shall be delivered up to the party to whom such service or labor may be due 423 369 G. General welfare and secure the blessings of liberty, e To promote the. [Preamble] — — — 347 (}eneral welfare. Congress shall have power to provide for the common defense and i 8 i 351 Georgia shall be entitled to three Representatives in the First Congress i 2 3 348 Gold and silver coin a tender in payment of debts. No State shall make anything but I 10 I 358 Good behavior. The judges of the Supreme and infe- rior courts shall hold their offices during ..31 — 365 Government. The United States shall guarantee to every State in this Union a republican form of 4 4 — 370 OF THE UNITED STATES 4H Art. Sec. CI. Page Government. And shall protect each of them against invasion; and on application of the legislature or of the executive (when the legislature can not be convened) against domestic violence .44 — 370 Grand jury. No person shall be held to answer for a capital or otherwise infamous crime, unless on the presentment of a. [Amendments] ... 5 — — 375 Except in cases arising in the land and naval forces, and in the militia when in actual service. [Amendments] 5 — — 375 Guarantee to every State in this Union a republican form of government. The United States shall 4 4 — 37° Guarantee. And shall protect each of them against invasion, and on application of the legislature or of the executive (when the legislature can not be convened) against domestic violence .... 4 4 — 370 H. Habeas corpus shall not be suspended unless in cases of rebellion or invasion. The writ of i 9 2 357 Heads of Departments. Congress may by law vest the appointment of inferior officers in the .... 22 2 364 On any subject relating to their duties, the Presi- dent may require the written opinion of the principal officers in each of the Executive De- partments . • 2 2 I 363 High crimes and jnisdemeanors. The President, Vice- President, and all civil officers shall be removed on impeachment for and conviction of treason, bribery, or other 2 4 — 365 House of Representatives. Congress shall consist of a Senate and i i — 347 Shall be composed of members chosen every second year i 2 i 347 Qualifications of electors for members of the ..121 347 No person shall be a member who shall not have attained the age of twenty-five years, and been seven years a citizen of the United States ..122 348 The executives of the several States shall issue writs of election to fill vacancies in the ...124 34S Shall choose their Speaker and other officers ..125 348 Shall have the sole power of impeachment ...125 348 Shall be the judge of the elections, returns, and qualifications of its own members I 5 ' 35° A majority shall constitute a quorum to do business 151 350 Less than a majority may adjourn from day to day, and compel the attendance of absent members .151 350 May determine its own rules of proceedings ..152 350 May punish its members for disorderly behavior, and, with the concurrence of two-thirds, expel a member i S 2 350 412 INDEX TO THE CONSTITUTION Art. Sec. CI. Page House of Representatives shall keep a journal of its proceedings _ ■ ^ 5 3 35*^ Shall not adjourn for more than three days during the session of Congress without the consent of the Senate i 5 4 35° For any speech or debate in either House, mem- bers shall not be questioned in any other place i 6 i 350 No person holding any office under the United States shall, while holding such office, be a member of the i ^ 2 351 No member shall, during the time for which he was elected, be appointed to an office which shall have been created or the emoluments in- creased during his membership i 6 2 351 All bills for raising revenue shall originate in the i 7 i 351 The votes for President and Vice-President shall be counted in the presence of the Senate and. [Amendments] 12 — — 378 If no person have a majority of electoral votes, then from the three highest on the list the House of Representatives shall immediately, by ballot, choose a President. [Amendments] .... 12 — — 378 They shall vote by States, each State counting one vote. [Amendments] 12 — — 378 A quorum shall consist of a member or members from two-thirds of the States and a majority of all the States shall be necessary to the choice of a President. [Amendments] 12 — — 378 No person having as a legislative, executive, or judicial officer of the United States, or of any State, taken an oath to support the Constitution, and afterwards engaged in insurrection or rebel- lion against the United States shall be a mem- ber of the. [Amendments] 14 3 — 383 But Congress may, by a vote of two-thirds of each House, remove such disability. [Amendments] 14 3 — 383 Imminent danger as will not admit of delay. No State shall, without the consent of Congress, engage in war, unless actually invaded or in such . . I 10 3 361 Immunities. Members of Congress shall, in all cases except treason, felony, and breach of the peace, be privileged from arrest during their attend- ance at the session of their respective Houses, and in going to and returning from the same .161 350 No soldier shall be quartered in any house with- out the consent of the owner in time of peace. [Amendments] 3 — — 374 No person shall be twice put in jeopardy of life or limb for the same offense. [Amend- ments] 5 _ _ 374 OF THE UNITED STATES 413 Art. Sec. CI. Page Immunities. 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 in which they reside. [Amend- ments] 14 I — 3S0 No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States. [Amendments] . 14 I — 380 Nor shall any State deprive any person of hfe, liberty, or property without due process of law [Amendments] .-.•.•''* 1 — 380 Nor deny to any person within its jurisdiction the equal protection of the laws. [Amendments] 14 i — 3S0 Impeachment. The President may grant reprieves and pardons except in cases of 2 2 i 363 The House of Representatives shall have the sole power of I * S 348 The trial of all crimes shall be by jury, except in cases of • • 3 2 3 367 Impeachment for and conviction of treason, bribery, and other high crimes and misdemeanors. The President, Vice-President, and all civil officers shall be removed upon 2 4 Impeachments. The Senate shall have sole power to try all I 3 The Senate shall be on oath or affirmation, when sitting for the trial of i 3 When the President of the United States is tried the Chief Justice shall preside i 3 No person shall be convicted without the concur- rence of two-thirds of the members present ..13 Judgment shall not extend beyond removal from office and disqualification to hold office • •_ • ^ 3 But the party convicted shall be liable to indict- ment and punishment according to law ...13 Importation of slaves prior to 1808 shall not be pro- hibited by the Congress I 9 But a tax or duty of ten dollars for each person may be imposed on such i 9 Imports or exports except what may be absolutely necessary for executing its inspection laws. No State shall, without the consent of Congress, lay any imposts or duties on I 10 2 360 Imports or exports laid by any State shall be for the use of the Treasury. The net produce of all duties on i 10 2 360 Imports or exports shall be subject to the revision and control of Congress. All laws of States laying duties on \ \o 2 360 Imposts and excises. Congress shall have power to lay and collect taxes, duties I 8 i 351 Shall be uniform throughout the United States. All taxes, duties i 8 i 3^1 6 349 6 349 6 349 6 349 7 349 7 349 I 356 I 356 414 INDEX TO THE CONSTITUTION Art. Sec. CI. Page Inability of the President, the powers and duties of his office shall devolve on the Vice-President. In case of the death, resignation, or 2 i 5 363 Inability of the President or Vice-President. Congress may provide by law for the case of the removal, death, resignation, or 2 I 5 363 Indian Tribes. Congress shall have power to regulate commerce with the i 8 3 352 Indictmetit or presentment of a grand jury. No per- son shall be held to answer for a capital or infamous crime unless on. [Amendments] . . 5 — — ''375 Except in cases arising in the land or naval forces or in the militia when in actual service. [Amendments] 5 — — 375 Indictment, trial, judgment, and punishment, accord- ing to law. The party convicted in case of impeachment shall nevertheless be liable and subject to I 3 7 349 Infamous critne unless on presentment or indictment of a grand jury. No person shall be held to answer for a capital or. [Amendments] ... 5 — — 375 Inferior Courts. Congress shall have power to con- stitute tribunals inferior to the Supreme Court i 8 9 355 Inferior courts as Congress may establish. The ju- dicial power of the United States shall be vested in one Supreme Court and such • •. • 3 ^ — 3"5 The judges of both the Supreme and inferior courts shall hold their offices during good behavior 3 1 — 365 Their compensation shall not be diminished dur- ing their continuance in office _ • . 3 ^ — 3"5 Inferior ofUcers in the courts of law, in the President alone, or in the heads of Departments. Con- gress, if they think proper, may by law vest the appointment of 2 2 2 364 Inhabitant of the State for which he shall be chosen. No person shall be a Senator who shall not have attained the age of thirty years, been nine years a citizen of the United States, and who shall not, when elected, be an i 3 3 349 Insurrection or rebellion against the United States. No person shall be a Senator or Representative in Congress, or Presidential elector, or hold any office, civil or military, under the United States, or any State, who, having taken an oath as a legislative, executive, or judicial officer of the United States, or of a State, afterwards engaged in. [Amendments] 14 3 — iPi But Congress may, by a vote of two-thirds of each House, remove such disabilities. [Amendments] 14 3 — '^Z Debts declared illegal and void which were con- tracted in aid of. [Amendments] 14 4 — '^Z Insiirrectioiis and repel invasions. Congress shall pro- vide for calling forth the militia to suppress . i 815 355 OF THE UNITED STATES 415 Art. Sec. CI. Page Invasion. No State shall, without the consent of Congress, engage in war unless actually invaded, or in such imminent danger as will not admit of delay I lo 3 361 The writ of habeas corpus shall not be suspended unless in case of rebellion or i 9 i 356 Invasion and domestic violence. The United States shall protect each State against 4 4 — 370 Invasions. Congress shall provide for calling forth the militia to suppress insurrections and repel . . i 815 355 Inventors and authors in their inventions and writings. Congress may pass laws to secure for limited times exclusive rights to i 8 8 354 Involuntary servitude, except as a punishment for crime, abolished in the United States. Slavery and. [Amendments] 13 i — 380 J. Jeopardy of life or limb for the same offense. No per- son shall be twice put in. [Amendments] . . 5 — — 375 Jour7ial of its proceedings. Each House shall keep a i 5 3 350 fudges in every State shall be bound by the Constitu- tion, the laws made in pursuance thereof, and treaties of the United States, which shall be the supreme law of the land 6 — 2 371 Judges of the Supreme and inferior courts shall hold their offices during good behavior 3 i — 365 Their compensation shall not be diminished dur- ing their continuance in office 3 i — 365 Judgment in cases of impeachment shall not extend further than to removal from office and dis- qualification to hold any office of honor, trust, or profit under the United States i 3 7 349 But the party convicted shall nevertheless be liable and subject to indictment, trial, judgment, and punishment according to law i 3 7 349 Judicial power of the United States. Congress shall have power to constitute tribunals inferior to the Supreme Court I 8 9 355 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 3 i — 365 The judges of the Supreme and inferior courts shall hold their offices during good behavior .31 — 365 Their compensation shall not be diminished dur- ing their continuance in office 3 i — 365 It shall extend to all cases in law and equity aris- ing under the Constitution, laws, and treaties of the United States 3 2 i 365 To all cases affecting ambassadors, other public ministers and consuls 3 2 i 365 4i6 INDEX TO THE CONSTITUTION Art. Sec. CI. Page Judicial power of the United States shall extend to all cases of admiralty and maritime jurisdiction . 321 365 To controversies to which the United States shall be a party 3 ^ i 365 To controversies between two or more States ..321 365 To controversies between a State and citizens of another State 3 2 i 365 To controversies between citizens of different States 3 2 i 365 To citizens of the same State claiming lands under grants of different States ...... 3 2 I 365 To controversies between a State or its citizens and foreign states, citizens, or subjects ...321 365 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 3 2 2 367 In all other cases before mentioned it shall have appellate jurisdiction, both as to law and fact, with such exceptions and under such regulations as Congress shall make 3 2 2 367 The trial of all crimes, except in cases of impeach- ment, shall be by jury 3 2 3 367 The trial shall be held in the State where the crimes shall have been committed 3 2 3 367 But when not committed in a State, the trial shall be at such place or places as Congress may by law have directed 3 2 3 367 The judicial power of the United States shall not be held 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. [Amendments] .•" — — 37^ Judicial proceediiigs of every other State. Full faith and credit shall be given in each State to the acts, records, and 4 i — 3^^ Congress shall prescribe the manner of proving such acts, records, and proceedings .... 4 i — 368 Judicial 2ir\d executive oiificers of the United States and of the several States shall be bound by an oath to support the Constitution 6 — 3 371 Judiciary. The Supreme Court shall have original jurisdiction in all cases affecting ambassadors, other public ministers and consuls, and those in which a State may be a party 3 2 2 367 The Supreme Court shall have appellate juris- diction both as to law and fact, with such exceptions and regulations as Congress may make . 3 2 2 367 /unction of two or more States or parts of States with- out the consent of the legislatures and of Con- gress. No State shall be formed by the ...431 369 OF THE UNITED STATES 417 Art, Sec. CI. Page Jurisdiction of another State. No new State shall, without the consent of Congress, be formed or erected within the 4 3 i 369 Jurisdiction, both as to law and fact, with such excep- tions and under such regulations as Congress may make. The Supreme Court shall have appellate 3 2 2 369 Jurisdiction. In all cases affecting ambassadors, and other public ministers, and consuls, and in cases where a State is a party, the Supreme Court shall have original 3 2 2 369 Jury. The trial of all crimes, except in cases of im- peachment, shall be by 3 2 3 369 In all criminal prosecutions the accused shall have a speedy and public trial by. [Amendments] 6 — — 376 All suits at common law, where the value exceeds twenty dollars, shall be tried by. [Amendments] 7 — — 377 Where a fact has been tried by a jury it shall not be re-examined except by the rules of the com- mon law. [Amendments] 7 — — 377 Just compensation. Private property shall not be taken for public use without. [Amendments] ... 5 — — 375 Justice, insure domestic tranquillity, etc. To establish. [Preamble] — — — 347 Labor, in one State, escaping into another State, shall be delivered up to the party to whom such ser- vice or labor may be due. Fugitives from ser- vice or 4 2 3 369 Land and naval forces. Congress shall make rules for the government and regulation of the .... i 8 14 355 Law and fact, with exceptions and under regulations to be made by Congress. The Supreme Court shall have appellate jurisdiction as to ... . 3 2 2 367 Law of the land. The Constitution, the laws made in pursuance thereof, and treaties of the United States shall be the supreme 6 — 2 371 The judges in every State shall be bound thereby 6 — 2 371 Law of nations. Congress shall provide for punishing offenses against the i 8 10 355 Laws. Congress shall have power to provide for cal- ling forth the militia to suppress insurrection, repel invasions, and to execute the i 815 355 Laws and treaties of the United States. The judicial power shall extend to all cases in law and equity arising under the Constitution or the .... 3 2 i 365 Laws necessary to carry into execution the powers vested in the Government, or in any department or officer of the United States. Congress shall have power to make all i 8 18 356 27 4i8 INDEX TO THE CONSTITUTION Art. Sec. CI. Page Legal tetider in payment of debts. No State shall make anything but gold and silver coin a . . i lo i 358 Legislation in all cases over such district as may be- come the seat of government. Congress shall have power to exercise exclusive i 817 356 Over all places purchased by consent of the legis- latures in the different States for the erection of forts, magazines, arsenals, dockyards, and other needful buildings. Congress sliall have power to exercise exclusive i 8 17 356 Legislation. Congress shall have power to make all laws necessary and proper for carrying into exe- cution all the powers vested by the Constitution in the Government of the United States, or in any department or officer thereof i 8 18 356, Congress shall have power to enforce the thir- teenth amendment by appropriate. [Amend- ments] 13 2 — 380 Congress shall have power to enforce the four- teenth amendment by appropriate. [Amend- ments] 14 5 — 383 Congress shall have power to enforce ths fifteenth amendment by appropriate. [Amendments] • ^S ^ — 3^4 Legislative powers herein granted shall be vested in a Congress. All i i — 347 Legislature or the executive (when the legislature can not be convened). The United States shall protect each State against invasion ; and against domestic violence on the application of the ... 4 4 — 370 Legislatures of two-thirds of the States, Congress shall call a convention for proposing amendments to the Constitution. On the application of the 5 _ _ 370 Letters oi marque and reprisal. Congress shall have power to grant I 811 355 No State shall grant i 10 i 358 Liberty to ourselves and our posterity, etc. To secure the blessings of. [Preamble] — — — 347 Life, liberty, and property without due process of law. No person shall be compelled in any criminal case to be a witness against himself, nor be de- prived of. [Amendments] 5 — — 375 No .State shall abridge the privileges or immuni- ties of citizens of the United States, nor deprive any person of. [Amendments] 14 i — 380 Life or limb for the same offense. No person shall be twice put in jeopardy of. [Amendments] . . 5 — — 375 Loss or emancipation of any slave shall be held illegal and void. Claims for the. [Amendments] .14 4 — 383 OF THE UNITED STATES 419 M. Art. Sec. CI. Page Magazines, arsenals, dockyards, and other needful build- ings. Congress shall have exclusive authority over all places purchased for the erection of . I 817 356 Majority of each House shall constitute a quorum to do business. A i 5 I 350 But a smaller number may adjourn from day to day and may be authorized to compel the attend- ance of absent members i 5 i 350 i^/(Z/oW/y of all the States shall be necessary to a choice. 151 350 When the choice of a President shall devolve on the House of Representatives, a quorum shall consist of a member or members from two-thirds of the States ; but a. [Amendments] ... 12 — — 378 When the choice of a Vice-President shall devolve on the Senate, a quorum shall consist of two- thirds of the whole number of Senators, and a majority of the whole number shall be necessary to a choice. [Amendments] 12 — — 378 Maritime jicrisdiction. The judicial power shall extend to all cases of admiralty and 3 2 i 365 Marque and reprisal. Congress shall have power to grant letters of i 8 11 355 No State shall grant any letters of I 10 i 358 Maryland entitled to six Representatives in the First Congress i 2 3 348 Massachusetts entitled to eight Representatives in the First Congress i 2 3 348 Measures. Congress shall fix the standard of weights and I 8 5 354 Meeting of Congress: 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 .... I 4 2 350 Members oi Congress and of State legislatures shall be bound by oath or affirmation to support the Constitution 6 — 3 37^ Militia to execute the laws, suppress insurrections, and repel invasions. Congress shall provide for calling forth the i 815 355 Congress shall provide for organizing, arming, and disciplining the i 8 16 355 Congress shall provide for governing such part of them as may be employed by the United States I 8 16 355 Reserving to the States the appointment of the officers and the right to train the militia accord- ing to the discipline prescribed by Congress .1816 35S 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. [Amendments] 2 — — 374 420 INDEX TO THE CONSTITUTION Art. Sec. CL Page Misdetneanors. The President, Vice-President, and all civil officers shall be removed on impeach- ment for and conviction of treason, bribery, or other high crimes and 2 4 — 365 Money o\\ the credit of the United States. Congress shall have power to borrow i 8 2 352 Regulate the value thereof and of foreign coin. Congress shall have power to coin i 8 5 354 Shall be drawn from the Treasury but in conse- quence of appropriations made by law. No .197 358 Shall be published from time to time. A regular statement and account of receipts and expendi- tures of public 1 9 7 35S For raising and supporting armies. No appro- priation of money shall be for a longer term than two years i 812 355 N, Natiots. Congress shall have power to regulate com- merce with foreign i 8 3 352 Congress shall provide for punishing offenses against the law of I 8 10 355 Natural-horn citizen, or a citizen at the adoption of the Constitution, shall be eligible to the office of President. No person except a 2 I 4 362 Naturalization. Congress shall have power to estab- lish a uniform rule of i 8 4 354 Naturalized \\\ the United States, and subject to their jurisdiction, shall be citizens of the United States and of the State in which they reside. All persons born or. [Amendments] .... 14 i — 380 Naval forces. Congress shall make rules and regu- lations for the government and regulation of the land and i Navy. Congress shall have power to provide and maintain a I New Ilainpshire entitled to three Representatives in the First Congress i New Jersey entitled to four Representatives in the First Congress i N^ew States may be admitted by Congress into this Union 4 But no new State shall be formed within the juris- diction of another State without the consent of the legislature and of Congress 4 3 " 3^ Nor shall any State be formed by the junction of two or more States, or parts of States, without the consent of the legislatures and of Congress 431 369 New York entitled to six Representatives in the First Congress i 2 3 348 14 355 13 355 3 348 3 34S I 369 OF THE UNITED STATES 421 Art. Sec. CI. Page Nobility shall be granted by the United States. No title of I 9 8 358 No State shall grant any title of i lo i 358 Nominations for office by the President. The Pres- ident shall nominate, and, by and with the advice and consent of the Senate, shall appoint ambassadors and other public officers .... 2 2 2 364 He may grant commissions to fill vacancies that happen in the recess of the Senate, which shall expire at the end of their next session .... 2 2 3 364 North Carolina entitled to five Representatives in the First Congress i 2 3 348 Number of electors for President and Vice-President in each State shall be equal to the number of Senators and Representatives to which such State may be entitled in Congress 2 i 2 361 O. Oath of office of the President of the United States. Form of the 2 I 7 363 Oath or afirmatiofi. No warrants shall be issued but upon probable cause, supported by. [Amend- ments] 4 _ _ 375 Oath or affirviatton to support the Constitution. Sen- ators and Representatives, members of State legislatures, executive and judicial officers of the United States and of the several States, shall be bound by 6 - But no religious test shall ever be required as a qualification for office 6 - The Senators when sitting to try impeachment shall be on i Objections. It he shall not approve it, the President shall return the bill to the House in which it originated with his i Obligation of contracts. No State shall pass any ex post facto law, or law impairing the 11 Obligations incurred in aid of insurrection or rebellion against the United States to be held illegal and void. All debts or. [Amendments] .... 14 4 — Offense. No person shall be twice put in jeopardy of life or limb for the same. [Amendments] . . 5 - Offenses against the law of nations. Congress shall provide for punishing i Offenses against the United States, except in cases of impeachment. The President may grant re- prieves or pardons for 2 2 i 363 Office under the United States. No person shall be a member of either House while holding any civil I 6 2 351 3 Zl\ 3 371 6 349 2 351 I 358 - 3S3 - 375 3S5 422 INDEX TO THE CONSTITUTION Art. Sec. CI. Page Office. No Senator or Representative shall be ap- pointed to any office under the United States which shall have been created, or its emolu- ments increased, during the term for which he is elected i 6 2 351 Or title of any kind from any king, prince, or for- eign State without the consent of Congress. No person holding any otiice under the United States shall accept of any present, emolument .198 358 Office of President, in case of his removal, death, res- ignation, or inability, shall devolve on the Vice- President. The powers and duties of the . . 2 i 5 363 Office during the term of four years. The President and Vice-President shall hold 2 i i 361 Of trust or profit under the United States shall be an elector for President and Vice-President. No person holding an 2 I 2 361 Office, civil or military under the United States, or any State who had taken an oath as a legislative, executive, or judicial officer of the United States, or of any State, and afterwards engaged in insurrection or rebellion. No person shall be a Senator, Representative or Presidential elector, or hold any. [Amendments] .... 14 3 — 383 Officers in the President alone, in the courts of law, or in the heads of Departments. Congress may vest the appointment of inferior 2 2 2 364 Officers of the United States shall be removed on impeachment for and conviction of treason, bribery, or other high crimes and misdemeanors. The President, Vice-President, and all civil . . 24 — 365 Officers. The House of Representatives shall choose their Speaker and other i 2 5 348 The Senate, in the absence of the Vice-President, shall choose a President pro tempore, and also their other i 3 5 349 Offices becoming vacant • in the recess of the Senate may be filled by the President, the commissions to expire at the end of the next session ... 2 2 3 364 Otie-fiftk of the members present, be entered on the journal of each House. The yeas and nays shall, at the desire of i 5 3 350 Opinion of the principal officers in each of the Execu- tive Departments on any subject relating to their duties. The President may require the written ; • • ^ ^ i 3^3 Order, resolution, or vote (except on a question of adjournment), requiring the concurrence of the two Houses, shall be presented to the Presi- dent. Every i 7 3 35^ Original jurisdiction in all cases affecting ambassadors, other public ministers and consuls, and in whicli a State may be a party. The Supreme Court shall have 3 2 2 367 OF THE UNITED STATES 423 Art. Sec. CI. Page Overt act, or on confession in open court. Conviction of treason shall be on the testimony of two witnesses to the 3 3 i 368 P. Pardons, except in cases of impeachment. The Presi- dent may grant reprieves and 2 2 I 363 Patent rights to inventors. Congress may pass laws for securing I 8 8 354 Peace. Members of Congress shall not be privileged from arrest for treason, felony, and breach of the I 6 I 350 No State shall, without the consent of Congress, keep troops or ships of war in time of . . . i 10 3 361 No soldier shall be quartered in any house without the consent of the owner in time of. [Amend- ments] _ 3 — — 374 Pensions and bounties, shall not be questioned. The validity of the public debt incurred in suppress- ing insurrection and rebellion against the United States, including the debt for. [Amendments] 14 4 — 383 Pennsylvania entitled to eight Representatives in the J"irst Congress i 2 3 348 People peaceably to assemble and petition for redress of grievances shall not be abridged by Congress, The right of the. [Amendments] i — — 374 To keep and bear arms shall not be infringed. A well-regulated militia being necessary to the se- curity of a free State, the right of the. [Amend- ments] 2 — — 374 To be secure in their persons, houses, papers, and effects against unreasonable searches and seiz- ures shall not be violated. The right of the. [Amendments] 4 — — 375 The enumeration of certain rights in the Constitu- ^ tion shall not be held to deny or disparage others retained by the. [Amendments] 9 — — 377 Powers not delegated to the United States, nor prohibited to the States, are reserved to ihe States or to the. [Amendments] 10 — — 377 Perfect Union, etc. To establish a more. [Preamble] — — — 347 Persons, houses, papers, and effects against unreason- able searches and seizures. The people shall be secure in their. [Amendments] .... 4 — — 375 Persons as any State may think proper to admit, shall not be prohibited prior to 1808. The migration or importation of such i 9 i 356 But a tax or duty of ten dollars shall be imposed on the imijortation of each of such .... i 9 i 356 Petition for the redress of grievances. Congress shall make no law abridging the right of the people peaceably to assemble and to. [Amendments] i — — 374 424 INDEX TO THE CONSTITUTION Art. Sec. CI. Page Piracies and felonies committed on the high seas. Con- gress shall define and punish I 8 lo 355 Place than that in which the two Houses shall be sit- ting. Neither House during the session shall, without the consent of the other, adjourn for more than three days, nor to any other ... i 54 35° Places of choosing Senators. Congress may by law make or alter regulations for the election of Senators and Representatives, except as to the .... I 4 i 349 Ports of one State over those of another. Preference shall not be given by any regulation of commerce or revenue to the i 9 6 357 Ports. Vessels clearing from the ports of one State shall not pay duties in another i 9 6 357 Post-offices and post-roads. Congress shall establish .187 354 Poiuers herein granted shall be vested in Congress. All legislative i i — 347 Powers vested by the Constitution in the Government or in any Department or officer of the United States. Congress shall make all laws necessary to carry into execution the I 8 18 356 Powers and duties of the office shall devolve on the Vice-President on the removal, death, resigna- tion, or inability of the President. The ... 2 I 5 363 Powers not delegated to the United States nor pro- hibited to the States are reserved to the States and to the people. [Amendments] .... 10 — — 377 The enumeration of certain rights in this Consti- tution shall not be held to deny or disparage others retained by the people. [Amendments] 9 — — 377 Preference, by any regulation of commerce or revenue, shall not be given to the ports of one State over those of another i 9 6 357 Prejudice any claims of the United States or of any particular State respecting the territory or prop- erty of the United States. Nothing in this Constitution shall 4 3 2 370 Present, emolument, office, or title of any kind what- ever from anv king, prince, or foreign State. No person holding any office under the United States, shall without the consent of Congress, accept any i 9 8 358 Presentfiient or indictment of a grand jury, except in cases arising in the land or naval forces or in the militia when in actual service. No person shall be held to answer for a capital or other- wise infamous crime unless on a. [Amend- ments] 5 — — 375 President of the United States. The Senate shall choose a President pro tempore when the Vice-Presi- dent shall exercise the office of i 3 5 349 The Chief Justice shall preside upon the trial of the I 3 6 349 OF THE UNITED STATES 425 Art. Sec. CI. Page President of the United States shall approve and sign all bills passed by Congress before they shall become laws i 7 2 351 Shall return to the House in which it originated, with his objections, any bill which he shall not approve i 7 2 351 If not returned within ten days (Sundays excepted) it shall become a law, unless Congress shall ad- journ before the expiration of that time ... I 7 2 351 Every order, resolution, or vote which requires the concurrence of both Houses, except on a ques- tion of adjournment, shall be presented to the i 7 3 35^ If disapproved by him, shall be returned and pro- ceeded on as in the case of a bill I 7 3 351 The executive power shall be vested in a . . . 2 i i 361 He shall hold his office during the term of four years 211 361 In case of the removal of the President from office, or of his death, resignation, or inability to dis- charge the duties of his office, the Vice-Presi- dent shall perform the duties of 2 I 5 363 Congress may declare, by law, in the case of the removal, death, resignation, or inability of the President, what officer shall act as 2 i 5 363 The President shall receive a compensation which shall not be increased nor diminished during his term, nor shall he receive any other emolument from the United States 2 i 6 363 Before he enters upon the execution of his office he shall take an oath of office 2 i 7 363 Shall be Commander in Chief of the Army and Navy, and of the militia of the States when called into actual service 2 2 i 363 He may require the opinion, in writing, of the principal officer in each of the Executive De- partments 2 2 I 363 He may grant reprieves or pardons for offenses, except in cases of impeachment 2 2 i 363 He may make treaties, by and with the advice and consent of the Senate, two-thirds of the Sena- tors present concurring 2 2 2 364 He may appoint, by and with the advice and con- sent of the Senate, ambassadors, other public ministers and consuls, judges of the Supreme Court, and all other officers whose appointments may be authorized by law and not herein pro- vided for 2 2 2 364 Congress may vest the appointment of inferior officers in the 2 2 2 364 He may fill up all vacancies that may happen in the recess of the Senate by commissions which shall expire at the end of their next session ..223 364 He shall give information to Congress of the state of the Union, and recommend measures ... 2 3 — 364 lee. CI. Page 3 — 364 3 - 364 3 — 364 3 - 364 3 — 364 4 - 365 I 4 362 426 INDEX TO THE CONSTITUTION Art. President of the United States. On extraordinary occa- sions he may convene both Houses or either House of Congress 2 In case of disagreement between the two Houses as to the time of adjournment, he may adjourn them to such time as he may think proper . . 2 He shall receive ambassadors and other public ministers 2 He shall take care that the laws be faithfully exe- cuted • 2 He shall commission all the ofificers of the United States 2 Shall be removed from office on impeachment for, and conviction of, treason, bribery, or other high crimes and misdemeanors 2 No person except a natural-born citizen or a citi- zen of the United States at the adoption of the Constitution shall be eligible to the office of . 2 No person who shall not have attained the age of thirty-five years and been fourteen years a citi- zen of the United States shall be eligible to the office of 2 1 4 362 President and Vice-President. Manner of choosing. Each State, by its legislature, shall appoint a number of electors equal to the whole number of Senators and Representatives to which the State may be entitled in the Congress .... 2 i 2 361 No Senator or Representative or person hold- ing an office of trust or profit under the United States shall be an elector 2 i 2 361 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 through- out the United States 2 i 3 362 The electors shall meet in their respective States and vote by ballot for President and Vice-Presi- dent, one of whom, at least, shall not be an inhabitant of the same State with themselves. [Amendments] 12 — — 37S They shall name in distinct ballots the person voted for as President and the person voted for as Vice-President. [Amendments] ... 12 — — 37S They shall make distinct lists of the persons voted for as President and as Vice-President, which they shall sign and certify and transmit sealed to the President of the Senate at the seat of government. [Amendments] 12 — — 37S 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. [Amendments] 12 — — 37S The person havnig the greatest number of votes shall be the President, if such number be a OF THE UNITED STATES 427 Art. Sec. CI. Page majority of the whole number of electors ap- pointed. [Amendments] I2 — — 378 Presidetit and Vice-Preside7it. Mantier of choosing. If no person have such majority, then from the persons having the liighest numbers, not exceed- ing three, on the list of those voted for as Presi- dent, the House of Representatives shall choose immediately, by ballot, the President. [Amend- ments] 12 — — 378 In choosing the President, the votes shall be taken by States, the representation from each State having one vote. [Amendments] ... 12 — — 378 A quorum for this purpose shall consist of a mem- ber or members from two-thirds of the States, and a majority of all the States shall be neces- sary to a choice. [Amendments] 12 — — 378 But if no choice shall be made before the 4th of March next following, then the Vice-President shall act as President, as in the case of the death or disability of the President. [Amendments] 12 — — 378 President of the Senate, but shall have no vote unless the Senate be equally divided. The Vice-Presi- dent shall be I 3 4 349 President pro tempore. In the absence of the Vice- President the Senate shall choose a . . . . i 3 5 349 When the Vice-President shall exercise the ofBce of President of the United States, the Senate shall choose a I 3 5 349 Press. Congress shall pass no law abridging the free- dom of speech or of the. [Amendments] . . i — — 374 Previous condition of servitude. The right of citizens of the United States to vote shall not be denied or abridged by the United States, or by any State, on account of race, color, or. [Amendments] .15 i — 3S4 Private property shall not be taken for public use with- out just compensation. [Amendments] ... 5 — — 375 Privilege. Senators and Representatives 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 i 6 i 350 They shall not be questioned for any speech or debate in either House in any other place ..161 350 Privileges and immunities of citizens of the United States. The citizens of each State shall be entitled to all the privileges and immunities of the citizens of the several States 4 2 i 369 No soldier shall be quartered in any house with- out the consent of the owner in time of peace. [Amendments] 3 — — 374 No person shall be twice put in jeopardy of life or limb for the same offense. [Amendments] . 5 — — 375 428 INDEX TO THE CONSTITUTION Art. Sec. CI. Page Privileges and immunities of citizens of the United States. 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 in which they reside. [Amendments] .14 I — 380 No State shall make or enforce any law which shall abridge the. [Amendments] ..... 14 i — 380 No State shall deprive any person of life, liberty, or property without due process of law. [Amend- ments] . ' 14 I — 380 Nor deny to any person within its jurisdiction the equal protection of its laws. [Amendments] .14 i — 3S0 Prizes captured on land or water. Congress sliall make rules concerning i 811 355 Probable cause. 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 warrant shall issue for such but upon. [Amendments] 4 — — 375 Process of law. No person shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property with- out due. [Amendments] 5 — — 375 No State shall deprive any person of life, liberty, or property without due. [Amendments] . . 14 i — 3S0 Process for obtaining witnesses in his favor. In all criminal prosecutions the accused shall have. [Amendments] 6 — — 376 Progress of science and useful arts. Congress shall have power to promote the i 8 8 354 Property of the United States. Congress may dispose of and make all needful rules and regulations respecting the territory or 4 3 2 370 Property without due process of law. No person shall be compelled in any criminal case to be a wit- ness against himself; nor shall he be deprived of his life, liberty, or. [Amendments] ... 5 — — 375 No State shall abridge the privileges or immunities of citizens of the United States, nor deprive any person of his life, liberty, or. [Amendments] .14 i — 3S0 Prosecutions. The accused shall have a speedy and public trial in all criminal. [Amendments] . 6 — — 376 He shall be tried by a jury in the State or dis- trict where the crime was committed. [Amend- ments] 6 — — 376 He shall be informed of the nature and cause of the accusation. [Amendments] 6 — — 376 He shall be confronted with the witnesses against him. [Amendments] 6 — — 376 He shall have compulsory process for obtaining witnesses. [Amendments] 6 — — 376 He shall have counsel for his defense. [Amend- ments] 6 — — 376 OF THE UNITED STATES 429 Art. Sec. CI. Page Protection of the laws. No State shall deny to any per- son within its jurisdiction the equal. [Amend- ments] ■ . • 14 I — 380 Public debt of the United States incurred in suppress- ing insurrection or rebellion shall not be ques- tioned. The validity of the. [Amendments] .14 4 — 383 Public safety may require it. The writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion the I 9 2 357 Public trial hy ]\irY. In all criminal prosecutions the accused shall have a speedy and. [Amendments] 6 — — 376 Public use. Private property shall not be taken for, without just compensation. [Amendments] . 5 — — 375 Punishmoit according to law. Judgment in cases of impeachment shall not extend further than to removal from, and disqualification for, office; but the party convicted shall nevertheless be liable and subject to indictment, trial, judgment, and - I 3 7 349 Punishments inflicted. Excessive bail shall not be re- quired nor excessive fines imposed nor cruel and unusual. [Amendments] 8 — — 377 Qualification for ofiice. No religious test shall ever be required as a 6 — 3 371 Qualifications of electors of members of the House of Representatives shall be the same as electors for the most numerous branch of the State legislature I 2 i 347 Qualifications of members of the House of Representa- tives. They shall be twenty five years of age, seven years a citizen of the United States, and an inhabitant of the State in which chosen ..122 348 Qualifications of Senators. They shall be thirty years of age, nine years a citizen of the United States, and an inhabitant of the State in which chosen ^ Z Z 349 Of its own members. Each House shall be the judge of the election, returns, and I 5 i 350 Of the President. No person except a natural- born citizen, or a citizen of the United States at the time of the adoption of the Constitution, shall be elegible to the office of President ..214 362 Neither shall any person be eligible to the office of President who shall not have attained the age of thirty-five years, and been fourteen years a resident within the United States .... 2 i 4 362 Of -the Vice-President. No person constitution- ally ineligible to the office of President shall be eligible to that of Vice-President. [Amend- ments] 12 — — 378 430 INDEX TO THE CONSTITUTION Art. Sec. CI. Page Quartered in any house without the consent of the owner in time of peace. No soldier shall be. [Amendments] 3 — — 374 Quorum to do business. A majority of each House shall constitute a i 5 i 350 But a smaller number than a quorum may ad- journ from day to day, and may be authorized to compel the attendance of absent members .151 350 Of the House of Representatives for choosing a President 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. [Amendments] 12 — — 378 Quorum to elect a Vice-President by the Senate. Two-thirds of the whole number of Senators shall be a. [Amendments] 12 — — 378 A majority of the whole number shall be neces- sary to a choice. [Amendments] 12 — — 378 R. Race, color, or previous condition of servitude. The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of. [Amend- ments] 15 1 — 384 Ratification of amendments to the Constitution shall be by the legislatures of three-fourths of the several States orby conventions in three-fourths of the States, accordingly as Congress may pro- pose 5 — — V^ Ratification of the conventions of nine States shall be sufficient to estabhsh the Constitution between the States so ratifying the same 7 — — 372 Ratio of representation until the first enumeration under the Constitution shall be made not to exceed one for every thirty thousand .... I 2 3 348 Ratio of representation shall be apportioned among the several States according to their respective numbers, counting the whole number of per- sons in each Slate, excluding Indians not taxed. [Amendments] 14 2 — 382 Ratio. But when the right to vote for Presidential electors or members of Congress, or the legis- lative, executive, and judicial officers of the State, except for engaging in rebellion or other crime, shall be denied or abridged by a State, the basis of representation shall be reduced therein in the proportion of such denial or abridgment of the right to vote. [Amendments] 142 — 382 Rebellion against the United States. Persons who, while holding certain Federal and State offices, OF THE UNITED STATES 431 Art. Sec. CI. Page took an oath to support the Constitution, after- wards engaged in insurrection or rebellion, dis- abled from holding office under the United States. [AmendmentsJ 14 3 — 3^3 Rebellion against the United States. But Congress may by a vote of two-thirds of each House re- move such disability. [.Amendments]. ... 14 3 — 3S3 Debts incurred for pensions and bounties for services in suppressing the rebellion shall not be questioned. [Amendments] 14 4 — 3^3 All debts and obligations incurred in aid of the rebellion, and all claims for the loss or eman- cipation of slaves, declared and held to be ille- gal and void. [Amendments] 14 4 — 3^3 Rebellion or invasion. The writ of habeas corpus shall not be suspended e.\cept when the public safety may require it in cases of I 9 ^ 357 Receipts and expenditures of all public money shall be published from time to time. A regular state- ment of I 9 7 358 Recess of the Senate. The President may grant com- missions, which shall expire at the end of the next session, to fill vacancies that may happen during the _ . • 2 2 3 364 Reconsideration of a bill returned by the President with his objections. Proceedings to be had upon the I 7 2 351 Records, and judicial proceedings of every other State. Full faith and credit shall be given in each State to the acts • 4 1 — 368 Congress shall prescribe the manner of proving such acts, records, and proceedings .... 4 i — 368 Redress of s^riezninces. Congress shall make no law abridging the right of the people peaceably to assemble and to petition for the. [Amend- ments], ........ I — — 374 Regulations, except as to the places of choosing Sena- tors, The time, places, and manner of holding elections for Senators and Representatives shall be prescribed by the legislatures of the States, but Congress may at any time by law make or alter such I 4 ^ 349 Retaliations of commerce or revenue. Preference to the ports of one State over those of another shall not be given by any i 9 6 357 Religion or prohibiting the free exercise thereof. Con- gress shall make no law respecting the estab- lishment of. [Amendments] I — — 374 Religious test shall ever be required as a qualification for any office or public trust under the United States. No 6 — 3 37^ Removal of the President from office, the same shall devolve on the Vice-President. In case of the 2 2 I 363 432 INDEX TO THE CONSTITUTION Art. Sec. CI. Page Representation. No State, without its consent, shall be deprived of its equal suffrage in the Senate. 5 — — 37° Representation and direct taxation, how apportioned among the several States. [This provision is changed by the fourteenth amendment, section 2, page 3S2] I 2 3 348 Representation, until the first enumeration under the Constitution not to exceed one for every thirty thousand. The ratio of I 2 3 348 Representation in any State. The executive thereof shall issue writs of election to fill vacancies in the I 2 4 348 Representation among the several States shall be ac- cording to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed. The ratio of. [Amendments] 14 2 — 382 Representation. But where the right to vote in cer- tain Federal and State elections is abridged for any cause other than rebellion or other crime the basis of representation shall be reduced. [Amendments] • ' ' \ ' ' ^^ ^ ^^ Representatives. Congress shall consist of a Senate and House of i i — 347 Qualifications of electors of members of the House of I 2 I 347 No person shall be a Representative who shall not have attained the age of twenty-five years, been seven years a citizen of the United States, and an inhabitant of the State in which he shall be chosen I 2 2 348 And direct taxes, how apportioned among the sev- eral States. [Amended by fourteenth amend- ment, section 2, page 382] i Shall choose their Speaker and other officers. The House of i Shall have the sole power of impeachment. The House of I Executives of the State shall issue writs of elec- tion to fill vacancies in the House of ... . I The time'^, places, and manner of choosing Rep- resentatives shall be prescribed by the legisla- tures of the States i 4 i 349 But Congress may at any time by law make or alter such regulations except as to the places of choosing Senators ' 4 ^ 349 And Senators shall receive a compensation to be ascertained by law ^ ^ * 35° Shall in all cases, except treason, felony, and breach of the peace, be privileged from arrest during attendance at the session of the House, and in going to and returning from the same .161 350 Shall not be questioned in any other place for 3 34S 5 348 5 348 4 348 6 2 351 7 I 351 I 2 S6i OF THE UNITED STATES 433 Art. Sec. CI. Page any speech or debate. Members of the House of I 6 I 350 Jiepresentatives. No member shall be appointed dur- ing his term to any civil otfice which shall have been created, or the emoluments of which shall have been increased, during such term ... i 6 - 351 No person holding any office under the I'nited States shall, while holding such office, be a member of the House of All bills for raising revenue shall originate in the House of No Senator or Representative shall be an elector for President or Vice-I'resident Representatives shall be bound bv an oath or affirmation to support the Constitution of the United States. The Senators and . 6 — 3 371 Representatives among the several States. Provisions relative to the apportionment of. [Amend- ments] .... 14 Representatives and Senators. Prescribing certain dis- qualifications for office as. [Amendments] . 14 But Congress may, by a vote of two-thirds of each House, remove such disqualification. [Amend- ments] 14 Reprieves and pardons except in cases of impeachment. The President may grant 2 Reprisal. Congress shall have power to grant letters of marque and i No State shall grant any letters of marque and . i Republican form of government. The United States shall guarantee to every State in this Union a 4 4 — 37° And shall protect each of them against invasion; and on the application of the legislature or of the executive (when the legislature can not be convened), against domestic violence .... 4 4 — 370 Reseri'ed rights of the States and the people. The enu- meration in the Constitution of certain rights shall not be construed to deny or disparage others retained by the people. [Amendments! ... 9 — — yi7 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 i)eople. [Amendments] 10 — — 377 Resig>!ation, or inability of the President, the duties and powers of his office shall devolve on the Vice- President. In case of the death 2 I 5 363 Resignation, or inaliility of the President. Congress may l)y law provide for the case of the removal, death 2 i 5 363 Resohition, or vote (except on a question of adjourn- ment) requiring the concurrence of the two Houses shall, before it becomes a law, be pre- sented to the President. Every order ... i 7 3 351 28 2 — 382 3 — 3S3 3 — 3S3 2 I 7><^l 8 II I 355 35« 434 INDEX TO THE CONSTITUTION Art. Sec. CI. Page Revenue shall originate in the House of Representa- tives. All bills for raising i 7 i 351 Revenue. Preference shall not be given to the ports of one State over those of another by any regu- lations of commerce or i 9 6 357 Rhode Island entitled to one Representative in the First Congress i 2 3 348 Ri^ht of petitton. Congress shall make no law abridg- ing the right of the people peaceably to assemble and to petition for the redress of grievances. [Amendments] i — — 374 Right to keep and bear arms. 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. [Amendments] ... 2 — — 374 Rights in the Constitution shall not be construed to deny or disparage others retained by the people. The enumeration of certain. [Amendments] 9 — — 377 Rights not delegated to the United States nor pro- hibited to the States are reserved to the States respectively or to the people. [Amendments] 10 — — 377 Rules of its proceedings. Each House may determine the I 5 2 350 Rules and regulations respecting the territory or other property of the United States. Congress shall dispose of and make all needful 7 3 2 370 Rules of the common law. All suits involving over twenty dollars shall be tried by jury according to the. [Amendments] 7 — — 377 No fact tried by a jury shall be re-examined except according to the. [Amendments] 7 — — 377 Science and the useful arts by securing to authors and inventors the exclusive right to their writings and discoveries. Congress shall have power to promote the progress of I 8 8 354 Searches and seizures shall not be violated. The right of the people to be secure against unreasonable. [Amendments] 4 — — 375 Searches and seizures. And no warrants shall be issued but upon probable cause, on oath or affirmation, describing the place to be searched and the person or things to be seized. [Amend- ments] 4 — — 375 Seat of government. Congress shall exercise exclusive legislation in all cases over such district as may v become the i 817 356 Securities and current coin of the United States. Con- gress shall provide for punishing the counter- feiting of the I 8 6 354 OF TliE UNITED STATES 435 Art. Sec. CI. Page Security of a free State, the right of the people to keep and bear arms shall not be infringed. A well- regulated militiabeing necessaryto the. [Amend- ments] 2 — — 374 Senate and House of Representatives. The Congress of the United States shall consist of a I I — 347 Senate of the United States. The Senate shall be com- posed of two Senators from each State, chosen by the legislature for six years i 3 I 348 If vacancies happen during the recess of the leg- islature of a State, the executive thereof may make temporary appointments until the next meeting of the legislature i 3 2 349 The Vice-President shall be President of the Sen- ate, but shall have no vote unless the Senate be equally divided I 3 4 349 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 I 3 5 349 The Senate shall have the sole power to try all impeachments. When sitting for that purpose they shall be on oath or affirmation .... I 3 6 349 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 i 3 6 349 It shall be the judge of elections, returns, and qualifications of its own members I 5 I 350 A majority shall constitute a quorum to do busi- ness, but a smaller number may adjourn from day to day, and may be authorized to compel the attendance of absent members i 5 I 350 It may determine the rules of its proceedings, punish a member for disorderly behavior, and with the concurrence of two-thirds expel a member i 5 2 350 It shall keep a journal of its proceedings, and from time to time publish the same, except such parts as may in their judgment require secrecy ^53 35° It shall not adjourn for more than three days during a session without the consent of the other House i 5 4 350 It may propose amendments to bills for raising revenue, but such bills shall originate in the House of Representatives i 7 i 351 The Senate shall advise and consent to the ratifi- cation of all treaties, provided two-thirds of the members present concur 2 2 2 364 It shall advise and consent to the appointment of ambassadors, other public ministers and consuls, judges of the Supreme Court and all other offi- cers not herein otherwise provided for ... 2 2 2 364 436 INDEX TO THE CONSTITUTION Art. Sec. CI. Page Senate of the United States. It may be convened by the President on extraordinary occasions .... 2 3 — 364 No State, without its consent, shall be deprived of its equal suffrage in the Senate 5 — — 370 Senators shall, immediately after assembling, under their first election, be divided into three classes, so that the seats of one-third shall become vacant at the expiration of every second year .132 349 No person shall be a Senator who shall not be thirty years of age, nine years a citizen of the United States, and an inhabitant when elected of the State for which he shall be chosen • • i 3 3 349 The times, places, and manner of choosing Sena- tors may be fixed by the legislature of a State, but Congress may by law make or altar such regulations except as to the places of choos- ing . I 4 I 349 If vacancies happen during the recess of the legis- lature of a State, the executive thereof may make temporary appointments until the next meeting of the legislature i 3 2 349 They shall in all cases, except treason, felony, and breach of the peace, be privileged from arrest during their attendance at the session of the Senate and in going to and returning from the same i 6 i 350 Senators and Representatives shall receive a compen- sation to be ascertained by law i 6 I 350 Senators and Representatives shall not be ques- tioned for any speech or debate in either House in any other place i 6 i 850 No Senator or Representative shall, during the time for which he was elected, be appointed to any civil office under the United States which shall have been created, or of which the emolu- ments shall have been increased, during such term i 6 2 351 No person holding any office under the United States shall be a member of either House dur- ing his continuance in office i 6 2 351 No Senator or Representative or person holding an office of trust or profit under the United States shall be an elector for President and Vice-President 2 1 2 361 Senators and Representatives shall be bound by an oath or affirmation to support the Constitution . 6 — 3 371 No person shall be a Senator or Representative who having, as a Federal or State officer, taken an oath to supjiort the Constitution, afterwards engaged in rebellion against the United States. [Amendments] 14 3 — 383 But Congress may, by a vote of two-thirds of each House, remove such disability. [Amendments] 14 3 — 383 OF THE UNITED STATES 437 Art. Sec. CI. Page Service or labor in one State, escaping into another State, shall be delivered up to the party to whom such service or labor may be due. Fugi- tives from 4 2 3 369 Servitude^ except as a punishment for crime, whereof the party shall have been duly convicted, shall exist in the United States or any place subject to their jurisdiction. Neither slavery nor in- voluntary. [Amendments] 13 i — 380 Servitude. The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of. [Amend- ments] 15 I — 384 Ships of war in time of peace, without the consent of Congress. No State shall keep troops or . . i 10 3 361 Silver coin a tender in payment of debts. No State shall make anything but gold and i 10 i 35S Slave. Neither the United States nor any State shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion, or any claim for the loss or emanicipation of any. [Amend- ments] 14 4 — 383 Slavery nor involuntary servitude, except as a punish- ment for crime, whereof the party shall have been duly convicted, shall exist in the United States, or any places subject to their jurisdiction. Neither. [Amendments] 13 i — 380 Soldiers shall not be quartered, in time of peace, in any house without the consent of the owner. [Amendments] 3 South Carolina entitled to five representatives in the First Congress I Speaker and other officers. The House of Representa- tives shall choose their i Speech or of the Press. Congress shall make no law abridging the freedom of. [Amendments] . . i Speedy and public trial by a jury. In all criminal prosecutions the accused shall have a. [Amend- ments] 6 Standard of weights and measures. Congress shall fix the I State of the Union. The President shall, from time to time, give Congress information of the ... 2 State legislatures, and all executive and judicial officers of the United States, shall take an oath to sup- port the Constitution. All members of the several 6 — 3 37' States. When vacancies happen in the representation from any State, the executive authority shall issue writs of election to fill such vacancies ..124 348 Congress shall have power to regulate commerce among the several i 8 3 352 — 374 3 348 5 348 — 374 - 376 5 354 — 364 lO I 358 lO I 358 lO I 358 10 I 358 438 INDEX TO THE CONSTITUTION Art. Sec. CI. Page States. No State shall enter into any treaty, alliance, or confederation i Shall not grant letters of marque and reprisal . i Shall not coin money i Shall not emit bills of credit i Shall not make anything but gold and silver coin a tender in payment of debts i 10 i 358 Shall not pass any bill of attainder, ex post facto law, or law impairing the obligation of contracts I 10 I 358 Shall not grant any title of nobility i 10 i 358 Shall not, without the consent of Congress lay any duties on imports or exports, except what may be absolutely necessary for executing its inspection laws i 10 2 360 Shall not, 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 I 10 3 361 Full faith and credit in every other State shall be given to the public acts, records, and judicial proceedings of each State • 4 i — 3^8 Congress shall prescribe the manner of proving such acts, records, and proceedings 4 I — 368 Citizens of each State shall be entitled to all privi- leges and immunities of citizens in the several States 4 2 i 369 New States may be admitted by Congress into this Union _• 4 3 1 3^9 But no new State shall be formed or erected within the jurisdiction of another State 4 3 I 3^9 Nor any State formed by the junction of two or more States or i)arts of States without the con- sent of the legislatures as well as of Congress . 4 3 I 369 No State shall be deprived, without its consent, of its equal suffrage in the Senate S — — Z7° Three-fourths of the legislatures of the States or conventions of three-fourths of the States, as Congress shall prescribe, may ratify amend- ments to the Constitution 5 — — 37° The United States shall guarantee a republican form of government to every State in the Union 4 4 — 37° They shall protect each State against invasion .44 — 370 And on application of the legislature, or the executive [when the legislature can not be con- vened], against domestic violence 4 4 — ZT^ The ratification by nine States shall be sufficient to establish the Constitution between the States so ratifying the same 7 — — 372 When the choice of President shall devolve on the House of Representatives, the vote shall be taken by States. [Amendments] I3 — . — 378 OF THE UNITED STATES 439 Art. Sec CI. Page States But in choosing the President the vote shall be taken by States, the representation from each State liaving one vote. [Amendments] ... 12 — — 378 A quorum for choice of President 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. [Amendments] . . . 12 — — 378 States or to the people. Powers not delegated to the United States, nor prohibited to the States, are reserved to the. [Amendments] 10 — — 377 Suffrage in the Senate. No State shall be deprived without its consent of its equal 5 — — 370 Suits at common law, where the value in controversy shall exceed twenty dollars, shall be tried by jury. [Amendments] 7 — — 377 In law or equity against one of the States by citi- zens of another State or by citizens of a foreign State. The judicial power of the United States shall not extend to. [Amendments] .... 11 — — 378 Supreme Court. Congress shall have power to consti- tute tribunals inferior to the I 8 9 355 Supreme Court, and such inferior courts as Congress may establish. The judicial power of the United States shall be vested in one .... 3 i — 365 The judges of the Supreme and inferior courts shall hold their offices during good behavior .31 — 365 The compensation of the judges shall not be diminished during their continuance in office 31 — 365 Supreme Court shall have original jurisdiction in all cases affecting ambassadors, other public mir.is- ters and consuls, and in which a State may be a party. The 3 2 2 367 Shall have appellate jurisdiction, both as to law and fact, with such exceptions and regulations as Congress may make. The 3 2 2 367 Supreme law of the land. This Constitution, the laws made in pursuance thereof, and the treaties of the United States shall be the 6 — 2 371 The judges in every State shall be bound thereby 6 — 2 371 Suppress insurrections, and repel invasions. Congress shall provide for calling forth the militia to exe- cute the laws I 815 355 Suppression of insurrection or rebellion, shall not be questioned. The public debt, including the debt for pensions and bounties incurred in the. [Amendments] 14 4 — 383 Tax shall be laid unless in proportion to the census or enumeration. No capitation or other direct .194 357 Tax or duty shall be laid on articles exported from any State. No I 9 S 357 440 INDEX TO THE CONSTITUTION Art. Sec. CI. Page Taxes (direct) and Representatives, how apportioned among the several States. [See fourteenth amendment, section 2, page 382] I 2 3 348 Taxes, duties, imposts, and excises. Congress shall have power to lay i 8 i 351 They shall be uniform throughout the United States I 8 i 351 Tetnporary appointments until the next meeting of the legislature. If vacancies happen in the Senate in the recess of the legislature of a State, the e.xecutive of the State shall make i 3 2 349 Tender in payment of debts. No State shall make any- thing but gold and silver coin a i 10 i 358 Term 0/ four years. The President and Vice-President shall hold their offices for the 2 i i 361 Te)?n for which he is elected. No Senator or Repre- sentative shall be appointed to any office under the United States which shall have been created or its emoluments increased during the ... 162 351 Territory or other property of the United States. Con- gress shall dispose of and make all needful rules and regulations respecting the 4 3 2 370 Test as a qualification for any office or public trust shall ever be required. No religious .... 6 — 3 37^ Testimony of two witnesses to the same overt act, or on confession in open court. No person shall be convicted of treason except on the 3 3 I 368 Three-fourths of the legislatures of the States, or con- ventions in three-fourths of the States, as Con- gress shall prescribe, may ratify amendments to the Constitution 5 — — 37° Tie. The Vice-President shall have no vote unless the .Senate be equally divided i 3 4 349 Times, places, and ma>iner of holding elections for Senators and Representatives shall be pre- scribed in each State by the legislature thereof 141 349 But Congress may at any time by law make or alter such regulations, except as to the places of choosing Senators i 4 ^ 349 Title of nobility. The United States shall not grant any i No State shall grant any i Title of any kind, from any king, prince, or foreign State, without the consent of Congress. No person holding any office under the United States shall accept of any i Tonnage without the consent of Congress. No State shall lay any duty of i Tranqnillity, provide for the common defense, etc. To insure domestic. [Preamble] — Treason shall consist only in levying war against the United States, or in adhering to their enemies, giving them aid and comfort 3 3 i 368 9 10 8 I 358 9 8 358 10 3 361 — — 347 OF THE UNITED STATES 441 Art. Sec. CI. Page Treason. No person shall, unless on the testimony of two witnesses to the same overt act, or on con- fession in open court, be convicted of ... . 3 3 ' 3'^^ Congress shall have power to declare the punish- ment of 3 3 2 368 Shall not work corruption of blood. Attainder of 3 3 2 368 Shall not work forfeiture, except during the life of the person attainted. Attainder of ... . 3 3 2 368 Treason, bribery, or other high crimes and misde- meanors. The President, Vice-President, and all civil officers shall be removed from office on impeachment for and conviction of .... 2 4 — 365 Treason, felony, and breach of the peace. Senators and Representatives shall be privileged from arrest while attending or while going to or returning from the sessions of Congress, except m cases of I 6 I 350 Treasury, but in consequence of appropriations made by law. No money shall be drawn from the .197 358 Treaties. The President shall have power, with the advice and consent of the Senate, provided two- thirds of the Senators present concur, to make 222 364 The judicial power shall extend to all cases arising under the Constitution, laws, and 3 2 i 365 They shall be the supreme law of the land, and the judges in every State shall be bound thereby 6 — 2 371 Treaty, alliance, or confederation. No State shall enter into any I 10 I 35S Trial, judgment, and punishment according to law. Judgment in cases of impeachment shall not extend further than to removal from and dis- qualification for office ; but the party convicted shall nevertheless be liable and subject to indict- ment I 3 Trial by jury. All crimes, except in cases of impeach- ment, shall be tried by jury 3 2 Such trial shall be held in the State within which the crime shall have been committed .... 3 2 But when not committed within a State, the trial shall be at such place as Congress may by law have directed .... 3 ^ In all criminal prosecutions the accused shall have a speedy and public. [Amendments] .... 6 — Suits at common law, when the amount exceeds twenty dollars, shall be by. [Amendments] . 7 — Tribunals inferior to the Supreme Court. Congress shall have power to constitute i 8 Troops or ships of war in time of peace without the consent of Congress. No State shall keep . . I 10 Trust and Profit vlwAqx \\i^ United States shall be an elector for President and Vice-President. No Senator, Representative, or person holding any office of 2 I 2 361 7 349 3 367 3 367 3 367 - 376 - zn 9 3SS 3 361 442 INDEX TO THE CONSTITUTION Art. Sec. CI. Page Two-thirds of the members present. No person shall be convicted on impeachment without the con- currence of • ^ 3 " 349 Two-thirds, may expel a member. Each House, with the concurrence of i 5 ^ 35° Tivo-thirds. A bill returned by the President with his objections may be repassed by each House by a vote of I 7 2 351 Two-thirds of the Senators present concur. The President shall have power, by and with the advice and consent of the Senate, to make treaties, provided 2 2 2 364 Two-thirds of the legislatures of the several States. Congress shall call a convention for proposing amendments to the Constitution on the applica- tion of S — — 370 Two-thirds of both Houses shall deem it necessary. Congress shall propose amendments to the Con- stitution whenever 5 37° Two-thirds of the States. When the choice of a Presi- dent shall devolve on the House of Representa- tives, a quorum shall consist of a member or members from. [Amendments] 12 — — 37° Two-thirds of the whole number of Senators. A quo- rum of the Senate, when choosing a Vice-Presi- dent, shall consist of. [Amendments] ... 12 — — 378 T'wo-tkirds, may remove the disabilities imposed by the third section of the fourteenth amendment. Congress by a vote of. [Amendments] ... 14 3 — 383 Two years. Appropriations for raising and supporting armies shall not be for a longer term than . . i 8 12 355 U. Union. To establish a more perfect. [Preamble] . — — — 347 The President shall, from time to time, give to Congress information of the state of the • • • ~ 3 — 3^4 New States may be admitted by Congress into this 4 3 I 369 But no new State shall be formed or erected within the jurisdiction of another State 4 3 i 369 Unreasonable searches and seizures. The people shall be secured in their persons, houses, papers, and effects against. [Amendments] 4 — — 375 And no warrants shall be issued but upon prob- able cause, supported by oath or affirmation, and particularly describing the place to be searched and the persons or things to be seized. [Amendments] 4 — — 375 Unusual punishments inflicted. Excessive bail shall not be required, nor excessive fines imposed, nor cruel and. [.Amendments] 8 — — 377 Use without just compensation. Private property shall not be taken for public. [Amendments] 5 — — 37S OF THE UNITED STATES 443 Useful arts, by securing for limited times to authors and inventors the exclusive right to their writ- ings and inventions. Congress shall have power to promote the progress of science and the . . Art. Sec. CI. Page I 8 8 354 Vacancies happening in the representation of a State, The executive thereof shall issue writs of elec- tion to fill I 2 4 348 Vacancies happening in the Senate in the recess of the legislature of a State. Hove filed i 3 ~ 349 Vacancies that happened during the recess of the Sen- ate, by granting commissions which shall expire at the end of the next session. The President shall have power to fill 2 2 3 364 Validity of the public debt incurred in suppressing insurrection against the United States, includ- ing debt for pensions and bounties, shall not be questioned. [Amendments] 14 4 — 383 Vessels bound to or from the ports of one State shall not be obliged to enter, clear, or pay duties in another State Veto of a bill by the President. Proceedings of the two Houses upon the Vice-President of the United States shall be President of the Senate He shall have no vote unless the Senate be equally divided • . . . The Senate shall elect a President pro tempore in the absence of the He shall be chosen for the term of four years . The number and the manner of appointing elect- ors for President and 2 I 2 361 In case of the removal, death, resignation, or ina- bility of the President, the powers and duties of his office shall devolve on the 2 i 5 363 Congress may provide by law for the case of the removal, death, resignation, or inability both of the President and 2 i 5 3^3 On impeachment for and conviction of treason, bribery, and other high crimes and misdemean- nors shall be removed from office. The ... 2 4 — 365 Vice-President. The manner of choosing the. The electors shall meet in their respective States and vote by ballot for President and Vice-Pres- ident, one of whom, at least, shall not be an inhabitant of the same State with themselves. [Amendments] 12 — — 378 The electors shall name, in distinct ballots, the person voted for as Vice-President. [Amend- ment.s] 12 — — 378 They shall make distinct lists of the persons voted for as Vice-President, which lists they shall sign I 9 6 357 I 7 2 351 I 3 4 349 I 3 4 349 1 3 2 I s I 349 361 444 INDEX TO THE CONSTITUTION Art. Sec. CI. Page and certify, and send sealed to the seat of gov- ernment, directed to the President of the Sen- ate. [Amendments] 12 — — 378 Vice-Presidetit. The manttcr of choosing the. 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. [Amendments] 12 — — 378 The person having the greatest number of votes shall be Vice-President, if such number be a majority of the whole number of electors. [Amendments] 12 — — 378 If no person have a majority, then from the two highest numbers on the list the Senate shall choose the Vice-President. [Amendments] . 12 — — 378 A quorum for this purpose shall consist of two- thirds of the whole number of Senators ; and a majority of the whole number shall be nec- essary to a choice. [Amendments] .... 12 — — 378 But if the House shall make no choice of a Pres- ident before the 4th of March next following, then the Vice-President shall act as President, as in the case of the death or other constitu- tional disability of the President. [Amend- ments] 12 — — 378 No person constitutionally ineligible as President shall be eligible as. [Amendments] .... 12 — — 378 Violence. The United States shall guarantee to every State a republican form of government, and shall protect each State against invasion and domestic 4 4 — 370 Virginia entitled to ten Representatives in the First Congress i 2 3 348 Vote. Each Senator shall have one i 3 i 34S The Vice-President unless the Senate be equally divided, shall have no i 3 4 3^0 Vote requiring the concurrence of the two houses (except upon a question of adjournment) shall be presented to the President. Every order, resolution, or i 7 3 "551 Vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude. The right of citizens of the United States to. [Amend- ments] 15 I — 384 Vote of two-thirds. Each House may expel a member by a I 5 2 350 A bill vetoed by the President may be repassed in each House by a i 7 2 351 No person shall be convicted on an impeachment except by a i 3 6 349 Whenever both Houses shall deem it necessary, Congress may propose amendments to the Con- stitution by a 5 — — 370 OF THE UNITED STATES 445 Art. Sec. CI. Page Voteofhuo-thirds. The President may make treaties, with the advice and consent of the Senate, by a 2 2 2 364 Disabilities incurred by participation in insurrec- tion or rebellion may be relieved by Congress by a. [Amendments] 14 3 — 3^3 W. War^ grant letters of marque and reprisal, and make rules concerning captures on land and water. Congress shall have power to declare .... 1 8 ii 355 For governing the land and naval forces. Con- gress shall have power to make rules and arti- cles of I 8 14 355 No State shall, without the consent of Congress, unless actually invaded, or in such imminent danger, as will not admit of delay, engage in . i 10 3 361 War against the United States, adhering to their enemies, and giving them aid and comfort. Treason shall consist only in levying •■•33^ 368 Warrants shall issue but upon probable cause, on oath or affirmation, describing the place to be searched, and the persons or things to be seized. No. [Amendments] 4 — — 375 Weights and measures. Congress shall fix the standard of • • • • I S 5 354 Welfare, and to secure the blessings of liberty, etc. To promote the general. [Preamble] .... — — — 347 Welfare. Congress shall have power to provide for the common defense and general ..... i 8 i 35' Witness against himself. No person shall, in a crim- inal case, be compelled to be a. [Amendments] 5 — — 375 Witnesses against him. In all criminal prosecutions the accused shall be confronted with the. [Amendments] • • 6 — — 376 Witnesses in his favor. In all criminal prosecutions the accused shall have compulsory process for obtaining. [Amendments] ....... 6 — — 376 Witnesses to the same overt act, or on confession in open court. No person shall be convicted of treason unless on the testimony of two •••33^ 3^8 Writ of habeas corpus shall not be suspended, unless in case of rebellion or invasion the public safety may require it I 9 ^ 357 Writs of election to fill vacancies in the representation of any State. The executive of the State shall issue I 2 4 348 Written opinion of the principal officer in each of the Executive Departments on any subject relating to the duties of his office. The President may require the 2 2 I 363 446 INDEX TO THE CONSTITUTION Y. Art. Sec. CI. Page Yeas and nays of the members of either House shall, at the desire of one-fifth of those present, be entered on the journals I 5 3 350 The votes of both Houses upon the reconsidera- tion of a bill returned by the President with his objections shall be determined by i 7 2 351 INDEX Adams, John, on association of 1774, 9; on Declaration of In- dependence, 11; on the Federal Convention, 17, 70; Vice-Presi- dent, 90; announces Eleventh Amendment, 105; President, 108, 109; and the Monroe Doctrine, 154; appoints John Marshall chief-justice, 236. Adams, John Quincy, 114, 118; supports Jefferson in the pur- chase of Louisiana, 134; and the Pan-American Congress, 158. Adams, Samuel, 84, 85. African slave trade. The, opposed in the Federal Convention, 27; treaty between th« United States and Great Britain, 210, 211. Alabama, 201, 233, 254, 255, 258, 268, 270, 283, 294. Alexandria, 219. Alien and Sedition Acts, 126-12S. Amendments, of the Constitution, first twelve, 92-120; proposed by Jefferson to ratify Louisiana pur- chase, 133; proposed thirteenth amendment (1861) 205-208; recommended by Lincoln for compensatory emancipation, 213; of state constitutions (1S00-1860), 225,226; the thirteenth, 250-25S; the fourteenth, 260-271 ; the fif- teenth, 271-275; character of the thirteenth, fourteenth, and fif- teenth, 276, 277, 280, 2S3, 2S4, 285, 286, 2S7, 291, 308-311, 343. 345- American Anti-Slavery Society, 172. Ames, Fisher, 96, 98. Annapolis convention. The, 16. Anti-Federalists, their estimate of "The Federalist," 35; objection to a standing army, 44, 45 ; objec- tion to the power of Congress to tax, 46 ; objection to powers of the national government, 48 ; to the powers of the House of Repre- sentatives, 53; objection to the status of treaties, 58 , objection to the Senate as court of im- peachment, 59 ; approval of pro- vision for presidential electors, 60 ; objection to tlie powers of the President, 61 ; objection to the judiciary, 63-67 : origin of the name, 83; oppose ratification of the Constitution, 83-91. Arizona, 203. Arkansas, 202 ; military governor in, 214; abolishes slavery, 218, 225, 270, 283. 292. Articles of Confederation, 12, 13, 14, 15, 16, 17. Ashley, James M , 250, 251. Association of 1774, 9. Atchison, Senator, 190. B Baldwin, Abraham, 96, 117, 118. Baltimore Convention (i86o), 197; 283. Bank, a national (1791), 121-123. Benson, Egbert, 98. Benton, Thomas H. 144-146. Bills of Rights, 70-73; proposed by ratifying conventions (1787, 17S8) 84-92 ; first ten amendments as, 92-100 ; see under " Constitu- tions, The State." Bill of rights, the English, 16S9, 8, Bills of credit, 1775. 1 1. Bingham, John A. 261, 273. Blair, Francis P. 271. Border States, The, during the civil war, 2IO-222; reject the fifteenth amendment, 293. 448 INDEX Boutwell, George S. 273. Bradley, Joseph P. Justice, 315. Breckenridge, John, 70, 128. Breckeiiridge, John C. 197. Bryce's American Commonwealth, 62 (note). Buchanan, James, President, on the Kansas constitutions, 194; atti- tude of towards secession, 204, 205. Burt, Armistead, proposes amend- ment to Oregon Bill, 177. Burr, Aaron, 109, lio, HI, 115, 134. Butler, General Benjamin F. 273. Butler, Pierce, 98, 117, 118. Calhoun, John C, deferids nullifica- tion, 165, 166 ; speech on Clay's resolutions, 184, 185. California, questions involved in the acquisition of, 177-179, 183-189; 225, 257, 265, 270, 27s, 286. Campbell, Brookins, 116. Canning, George, 152, 153. Carrol, Charles, 98. Caswell, Richard, 70. Census, 27. Chandler, Zachariah, on the Corwin Amendment, 207. Charleston, 269. Chase, Salmon P., on Kansas- Nebraska Bill, 191 ; on the con- stitutionality of slavery restric- tion, 192. Chicago Convention (i860), 197; (1868) 271. Civil War, causes of, 197-201 ; sup- pression of, 209-224. Clay, Henry, 118; and the Missouri Compromise, 140-149; on the Monroe Doctrine, 156; and Nulli- fication, 168; his censure of Jack- son, 170, 171 ; his eight resolutions, 183-189. Clinton. Ue Witt, 112. Clinton, George, 88, 109. Clopton, David, 112. Clymer, George, 96. Cobb, Howell, 204, 205. Cobb, Thomas W., 146, 205. Colfax, Schuyler, 218, 252, 271, 274. Collins, John, 99. Common Sense, Paine's, 11. Commonwealths, see States. Compact," The Social, 70. Compromise of 1850, 182-189. Confederacies, several suggested for America, 37. Confederate states of America, 201-204; did not include the fjorder States, 2io ; relation of Tennessee to, 222 ; legal aspect of de facto local governments under, 305. Confederation, 1776, 12. Confiscation Bill, The, 209, 210, 211. Congress, of 1765, 6, 7 ; of 1774, 7-1 1 ; takes up question of inde- pendence, 12; confederation, 13; public lands, 14; Tariff Act (1786), proposed, 15; suggestions by, ignored. 16, 17 ; organized by the Federal Convention, 20, 21, 22-24, 25, 26-2S, 29, 30, 32; powers, organization, and char- acter of, examined in " The Fed- eralist," 40, 41, 45, 46-48, 51, 52, 53-56, 57, 59; submits the Con- stitution to the states, 82, 83; discusses first ten amendments, 92-9S ; discusses the eleventh amendment, 105; discusses the twelfth amendment, 109, 11 2-1 17 ; creates the United States Bank, 122 ; and the Jay Treaty, 124, 125 ; discusses the Missouri com- promise, 140-150, and the tariffs of 1824, 1828, 1833, 157-168; power of, over slavery, Mexico, California, Oregon, Texas (com- promise of 1850), 175-189; passes Kansas-Nebraska Act, 190-193; passes the thirteenth amendment (1861), 205-20S ; passes the Con- fiscation Act, 209, 210; abolishes slavery in the territories and the District of Columbia, 2ro, 282; refuses recognition of the Pier- point government but accepts its ratification of the thirteenth amendment, 219, emancipates escaped slaves, 282 ; discusses and adopts the thirteenth amend- ment (1865), 250, 252, 283 ; passes INDEX 449 the Civil Rights Act, 258, 284 ; restores Tennessee to Federal re- lations, 259 ; confers the suffrage on negroes in the District of Columbia, 259, 284 ; establishes negro suffrage in the territories, 259, 260, 2S4, 285 ; debates and adopts the fourteenth amend- ment, 260-263 ; prohibits peon- age, 266, 267, 285 ; passes the reconstruction acts, 267, 285 ; re- admits Arkansas, Florida, North Carolina, South Carolina, and Louisiana to the Union, 270; passes the fifteenth amendment, 272-275, 2S6 ; criticism of the re- construction policy of Congress, 287-290 ; power of, over territo- ries, 323-326. Constitution, formation of, 18-34; ratification of, by Congress, 82, 83; by Pennsylvania, 83, 84; by Delaware, New Jersey, Georgia and Connecticut, 84; by Mas- sachusetts, 84, 85 ; by Maryland, 85; by South Carolina, 85, 86; by New Hampshire, 86 ; bv Vir- ginia, 87, 88; by New York, 88, 89 ; inauguration of, 90 ; ratified by North Carolina, 90; the vote on, 90, 91 ; demand for amend- ments, 91 ; Madison in Congress submits amendments to, 91-94; discussion of the amendments in Congress, 94-98 ; the amend- ments ratified by the states, 99, 100; Rhode Island ratifies the, 99, 100; Vermont ratifies the, 100; character of the framers of, 100; article on the judiciary, 100, loi ; on suits against a state, loi- 105; on sovereignty, 101-103; amended (179S) article XI, 105, 106; amended (k^04) article XII, 106-119; character of first twelve amendments, 117, 119; Jefferson suggests amendment of (1803), 103-133; does not authorize in- ternal improvements (Monroe's interpretation) 138, 139; appealed to, at the time of the Missouri Compromise, 141-149; relation of, to Tariff acts (nullification) 156-169; relation of, to the Bank Act (1832), 169-171 ; relation of, to acquisition of territory (Louis- iana, 1803), 130-135; Mexico, California (1844-50), 174-189; relation of, to slavery extension (Texas, Oregon, California), 174- 189; Kansas-Nebraska, 190-194; (Dred Scott case), 194-197 ; rela- tion of, to secession (i860), 197- 210; relation of, to civil war, 209- 214; relation of, to reconstruc- tion, 214-224; interpretation of (1794-1860), 236-249; thirteenth amendment ( 1865), 250-252 ; four- teenth amendment, 260-271 ; fif- teenth amendment, 271-277; a composite organic law, 278, 279; amended practically by adminis- tration, 279; character of last three amendments, 280, 281, 285, 286, 287 ; interpretation of prin- ciples of, by the courts (1860- igor), 303-326; remarks on the forces in the evolution in govern- ment under the, 327-346. Constitutions, The State, record the civil evolution, 3, 4; at the basis of the national Constitution, 31- 34; the first group (1776-1S00), 69-81 ; principal framers of the first, 69, 70 ; reflect current politi- cal theories, 70; their presenta- tion of government, 70; the bill of rights, early type, 70-72; how made, 71 ; their interpretation of federal government, 72-73 ; their definition of the scope and powers of government, 73,74; precedence and prototypes of, 73, 74; basis of representation in, 74, 75; qual- ifications for office holding, 75; supremacy of the legislative, 75, 76; dependence of the executive, 76, 77; the judiciary, 76-79; adaptation of to popular wants, 79, 80 ; characteristics and types of. So, 81 ; the second group (1800-1860), 225-235; bills ot rights (1800-1860), 226; preva- lence of the bicameral system, 226; provisions on banking, 226; on land grants, 226; on special legislation, 227 ; on internal im- provements, 227 ; on local gov- 450 INDEX ernment, 227 ; on districting, 227 ; the gerrymander, 228 ; on appor- tionment, 227, 228; on quali- fications for voting, 228 ; the Wisconsin (1848), 228; on legis- lative powers, 227, 229; on lot- teries, 229; on free persons of color, 229; on powers of the executive, 230, 231 ; eminent framers of, 231 ; on charitable in- stitutions and reformatories, 231 ; on the judiciary, 232, 233; on State sovereignty, 234; exponen- tial of industrial and social con- ditions, 225, 226, 234; the third group (1860-1900): reconstruc- tion, 291-293; annulment of the word " white," 291 ; bills of rights in(i865-i890), 292-296 ; Michigan (1867), 292; Mississippi (1890), 293, 294, 295; Louisiana (1S98), 294; North Carolina (1896), 294; Virginia (1902), 294; Wyoming (1890), 295; legislative power, 296-29S ; the Executive, 298, 299 ; the judiciary, 300; administra- tive character of, 298, 301 ; gen- eral character of, political, social, and industrial, 3-7-339-343-346; chronological list of, 301, 302 (note). Connecticut, 14 ; becomes a state, 69; ratifying convention, 84, 90. Convention, Annapolis, 16; federal, the, 17-34. Conventions, Pennsylvania ratify- ing, 84 ; Delaware, New Jersey, Georgia, Connecticut, 84 ; Massa- chusetts, 84, 85; Maryland, 85; South Carolina, 85, 86; New Hampshire, 86, 87 ; North Caro- lina, 87, 90; Virginia, 87, 88; New York, 88,89; Khode Island, 99, 100; Vermont, 100. Corvvin, Thomas, 206, 207, 208. Crawford, William 11. 118 Crittenden, John J. 205, 206. Crittenden Resolutions, The, 205, 206, 207, 208. Cumberland Road Bill, Monroe's veto of, 138. Curtis, Benjamin R., opinion in the Dred Scott case, 196. D Dartmouth College case. The, 242. Davis, Jefferson, Secretary of War, 198 ; President of the Southern Confederacy, 202. Davis, John, 183. Dawson, John, 112, 113. Dayton, Jonathan, 114, 117. Declaration of Independence, 11, 12, 118. Declaration of rights (1765), 8, 9. Delaware, 13, 76, So, 84, 90, 210, 211, 255, 257, 266, 270, 275; diffi- culty of changing constitution of, 279 (and note), 282, 285, 286. Democratic party, The, 264, 271. Democratic-Republicans, on Jay's Treaty, 125; on the Alien and Sedition Acts, 126-129; princi- ples of, 127, 128. De Tocqueville's "Democracy in America," 62 (note). Development of America, The civil, 3. Dickinson, John, 12, 13. District of Columbia, The, slavery and the slave trade in, 178, 183, 184. Douglas, Stephen A., reports Ore- gon Bill, 177, 178; on Kansas- Nebraska Bill, 190-192 ; on the Dred Scott case, 196 ; nominated for President, 197; on the Con- stitutional amendment of, 1861, 207, 257. Drake, Charles F. 217. Dred Scott case, decision in, anticipated (1820), 149, 194-197; overruled by Congress, 211; overruled by the Emancipation Proclamation, 214, 237, 238, 246, East Florida, 154. Eaton, John H. 147. Edmunds, George F. 273. Eleventh Amendment, 100-106 ; a victory for the democratic party, 127. Ellsworth, Oliver, 118. Emancipation Proclamation, The, INDEX 451 Fremont's, 209; Lincoln's, 212- 214; policy of, 217, 218. Embargo Act, The, 135-137- " Endless Chain " Act, 317 (note). Equality of Men, 70. Executive, The state, 76, 77. " Federalist, The," authorship of, 36 (note) ; first appearance and pur- pose, 36; first exposition of the Constitution, 36; general argu- ment of, 37-39, 42 ; on the mechanics of government, 40, 41 ; on distinction between confedera- tion and national government, 43 ; on the defects of the Confedera- tion, 43, 44; grand political de- duction from, 44 ; on a standing army, 44, 45; on trusting the people, 45 ; on administration of government, 44, 45 ; on public officials, 46; on taxation, 46-4S ; on usurpation of power, 48 ; on checks and balances, 49 ; on the national and the federal qualities of the new government, 49, 50 ; on the coercion of a state, 51 ; on secession, 51-54; on representa- tion in Congress, 52 ; on usurpa- tion of powers by the House, 53; on the powers of the House, 53, 54; on the suffrage, 54; on residu- ary sovereignty, 55 ; on the Sen- ate, 55-57; on the objects of government, 57 ; on the treaty- making power, 57, 58 ; on the character of the Senate, 58, 59; on the powers of Congress, 60, 61 ; its silence on political parties, 61, 62; on the judiciary, 62-66; on the omission of a bill of rights, 66, 67 ; summary of its teach- ings, 67, 68 ; principles of, applied in Madison's Amendments, 94, 95- Federalist Party, The, favor ratifi- cation of the Constitution, 82-92 ; oppose first ten amendments, 95 ; in Rhode Island, 99 ; in the elec- tion of 1796, 108, 109; in the election of 1800, no, ill ; oppose the purchase of Louisiana, 123; broad constructionists, 123, 124; on Jay's Treaty, 124, 125; on the Alien and Sedition Acts, 126- 12S; principles of, 127; atti- tude towards the Louisiana Pur- chase, 131-135; in New England, (1807-1S14) i35-'37- Fessenden, William Pitt, 262. Field, Justice Stephen J., dissent- ing opinion of, in legal-tender cases, 117, 315. Fifteenth Amendment, The, in Congress, 272-274; ratification of, 274-276, 2S6 ; judicial inter- pretation of, 286, 311, 312. Fitzsimons, Thomas, 118. Florida, 254, 257, 258, 269, 270, 282, 283. Floyd, John B. 204, 205. Foot resolution. The, 159. Foraker Act, The, 324, 325. Foster, Abiel, 109. Fourteenth Amendment, The, his- tory of, 260-263 ; ratification of, 263-271, 285, 286; judicial inter- pretation of, 309, 310. Frankfort (Ky.) convention, 180, i8r, 182. Franklin, Benjamin, 5, n, 12, 13, 26, 31, 32, 69, 338. Franklin, State of, 38. Free negroes, 145-148. Fremont, John C., General, issues Emancipation Proclamation, 209; 281. Fugitive Slave Act, 178, 183, 184; constitutionality of, 245. Fuller, Melville W., Chief-Justice, 318. Galloway, Joseph, 8. Gamble,' Hamilton R. 217. Garfield, James A. 261. Garrison, William L. 172. Georgia, 8, 10, 14; ratifying conven- tion, 84; 90; joins the Southern Confederacy, 201 ; 233, 254, 256, 257, 258. Constitutional con- vention (1865), 264; ratifies thir- teenth amendment, 257 ; abolishes slavery, 257 ; whites and negroes 452 INDEX in, 258; electoral vote of (1868), 271; 282,283. Gerry, Elbridge, distrust of the people, 42 ; 96, 97 ; 126. Gerrymander, 228. Gilman, Nicliolas, 96, 118. Grant, U. S. President, 271, 276. Grayson, William, 87. H Habeas corpus, suspension of the writ of, 247. Halin, Michael, 219. Hamilton, Alexander, on the Con- federation, 14, 15, 16; at Annap- olis convention, 16; in Federal Convention, 24, 31, 32; joint author of "The Federalist," 35; sketch of a government, 36; on the Union, 38; on military des- potism, 43; on state encroach- ment upon national authority, 44 ; on the source of civil author- ity, 44; on restriction of the legislature, 45 ; on the identity of individual and public interests, 46; on the power of taxation, 46, 47 ; on duties on imports, 48 ; on the organization of the Senate, 55, 58 ; on the appointment of the President, 59; on the admin- istration of government 61, 62, 63; on the judiciary, 63, 64, 65; on national sovereignty, 65 ; on trial by jury, 66; in New York convention, 88, 89 ; on the Con- stitution as a bill of rights, 91 ; on state sovereignty and the suability of a state, 101-104; intrigues of, no; on the bank (1791), 122-124; on the Louisiana Purchase, 131 ; and the Monroe Doctrine, 154. Hamlin, Hannibal, 197. Hancock, John, 84, 85. Harrisburg Conference, The, 90, 92. Harrison, William H., death of, 173. Hartford convention, 136, 158. Hastings, Seth, 1 14. Hawaii, jurisdiction over, 321, 322, 326. Hayne, Robert Y., debate on nul- lification, 159-162. Henderson, John B. 250, 272, 273. Hendricks, Thomas A. 273, 313. Henry, Patrick, 87. Hillhouse, James, 114. Holman, William S. 252. Holmes, John, 148. Holy Alliance, The, 152. Howard, Jacob M. 262, 263. Huger, Benjamin, 113, 114. Hunter, General David, 282. I Illinois, 227, 229. Immigration, hostility to foreign (1850), 180. Income Tax cases, The, 318, 319. Independence, American, causes of, 6. Independent Journal, The, 36. Indiana, 227, 265. Industrial conditions, factors in the civil evolution ; discovery of gold in California, 179-18 [ ; of the North and the South compared (1S50), 181; resulting from slavery if permitted in Neliraska, 192, 193; defined by the civil war, 222- 224. Inglis, John A. 256. Internal improvements (1813-1817), constitutionality of, 137-139. Iowa, 225, 226, 233, 270. Iredell, James, decision in Chisholm V. Georgia, 104, 105, 245. J Jackson Andrew, 118; on public revenues, 158; and nullification, 167, 168; and the United States Bank, 169; censured by the Sen- ate, 170, 171 ; his theory of inter- preting the Constitution, 169-172. Jay, John, joint author of " The Fed- eralist," 35, 36, 37, 70 ; in New York convention, 88, 89 ; on suability of a state (eleventh amendment), 103-105; envoy to England, 124; on the Missouri compromise, 149. Jay's Treaty, 124, 125. Jeff rson City, 21c;, 216. JclTcrson, Thomas, 11, 69; antj INDEX 453 federal influence of, 88 ; on Madi- son's amendments, 98 ; electoral votes for (1796), 108, 109; elected President, no, in ; on the Bank of 1791, 121-123; his political principles, 127; inaugurates cam- paign against the Alien and Sedi- tion Acts, 127, 128; relation to the Virginia and Kentucky Reso- lutions, 128-130; on the Louis- iana Purchase, 130, 135; on the Monroe Doctrine, 152, 154. Johnson, Andrew, Military Gov- ernor of Tennessee, 222 ; Presi- dent, 252; his policy of recon- struction, 252, 253, 254, 256, 258, 259, 264, 267, 269, 283, 284. Johnson, Herschel V., 256. Johnson, Reverdy, 262. Judiciary, The state, 77-79. K Kansas, 234. Kansas-Nebraska Act, 190-194. Kentucky Resolutions, 128-130 ; 161, 165. Kentucky, state of, 69; constitution (1792), 73, 76; presidential electors (1800), in; resolutions, 128-130, 134, 161, 165; conven- tion of 1849, 181, 182; Con- stitution (1849), 193; approves Crittendon Resolutions, 205 ; and the Confederacy, 202, 255, 257, 266, 270, 275, 282, 285, 286. King, Rufus, 118. Lane, Joseph, 197. Langdon, John, ii8. Lansing, John, 28. Law, administrative, in America, 2. Lee, Richard Henry, n, 82. Legal-tender cases, The, 314-318. Legislature, The state, 75, 76. Leib, Michael, 1x2. Lincoln, President, on the associa- tion of 1774, 9; Cooper Institute speech, 102; on the Dred Scott case, 196; elected President, 197, 1 98 ; approves the pro-slavery Amendment of 1861, 208; his analysis of secession, 208, 209; modifies General Fremont's Emancipation Proclamation, 209; his scheme of compensatory emancipation refused, 211 ; eman- cipates the slaves, 212, 282; rec- ommends constitutional amend- ment providing compensation for slaves, 213; his policy of recon- struction, 21 1, 218; his recon- struction policy in Arkansas, Virginia, and Louisiana, 218-220; on the rights of labor, 223; his election the triumph of the Liberty party, 245; suspends the writ of habeas corpus, 247, 248; suggests abolition amendment to the Baltimore convention, 251 ; his relation to the thirteenth amendment, 251, 252; death of, 252; amnesty proclamation of, 253 ; Gettysburg address, 303. Livingston, Robert R., n, 88. Logan, General John A. 273. Lord North, policy of, 10. Louisiana, Purchase of, 130-135; treaty, 139; military governor in, 214; reconstruction in, 219, 220; -~5' 233. 252, 258, 266, 270, 282, 283, 292, 294, 295. Lowndes, Rollins, 116. Lyon, Matthew, 114. M Macon, Nathaniel, 113, 117. Madison, James, in Federal Con- vention, i8, 22, 24, 27 ; joint authorof "The Federalist,"35, 36; on a national government, 39 ; on the Mechanics of government, 40, 42; on government as a compact, 41 ; 87. Democratic-Republican leader, 91 ; submits amendments to Congress, 92-99 ; proclaims twelfth amendment, 117 ; 118; and the Virginia Resolutions, 128; on the Missouri compromise, 149; on the Monroe Doctrine, 153, 154. Magna Charta, 71, 93, 94, 118. Maine, 143, 144, 234. 454 INDEX Maine-Missouri Bill, 143, 144. Marshall, John, in Virginia con- vention, 87 ; on suability of a state (eleventh amendment), 101-104; 126; on the acquisition of terri- tory, 135; his services in the supreme court, 171, 236-249, 305, 306, 316, 318, 323, 326. Martin, Alexander, 118. Maryland, 13, 14, 16, 76, 80; ratify- ing convention, 85, 86; eman- cipation in, 220, 221, 222, 252, 266, 267, 270, 275, 279, 282, 283, 285, 286, 292. Mason and Dixon's line, 27. Mason, George, 87, loi. Massachusetts, in Union of 1643, 5 5 calls a Congress, 1765, 6; 1768, 7 ; ratifying convention, 84, 85, 86 ; 253. Matthews, Mr. Justice, decision of in Utah Case, 320. McClurg, Charles, 70. McLane, Louis, 142. McLean, John, opinion in the Dred Scott case, 196; dissenting opin- ion of, in Prigg v. The Common- wealth of Pennsylvania, 245. Meade, General George 13. 269. Mexican War, The, questions in- volved in, 174, 175, 178, 179. Michigan, 227, 232, 233, 267, 279, 285, 286, 292. Miller, Mr. Justice, 314. Minnesota, 225,265, 275. Mississippi, 233, 253, 254, 255, 258, 275, 288, 293, 295. Missouri, admission of, 140-151 ; 202; emancipation in, 214-217; 229, 252, 265, 283, 292. Missouri compromise, 139-151. Monroe Doctrine, The, 152-156. Monroe, James, in Virginia con- vention, 87 ; proclaims Missouri a state, 149; and the Monroe Doctrine, 152-156. Montana, 285. Montesquieu, on a confederated republic, 39 ; " Spirit of Laws," > 39- Mormons, 180, 190. Mormon church, judicial decision concerning, 319, 320. Morris, Gouverneur, 28, 30, 31, 32, 34, 70 ; on the judiciary article, 100, loi ; his opinion of the first twelve amendments, 119. Mott, Lucretia, 172. Municipal and local government, 227, 298, 344, 345. Morgan, E. D. 251. N Napoleon, and the Louisiana Pur- chase, 131. Nation, significance of the word, 19, 196, 303, 304,312,313. Navy, Department of, 10. Nebraska, constitution of, and suf- frage in, admission of, 259, 260, 265, 270. Negro, The, representation of, under the Constitution, debated, 27, 28, 29, 30 ; rights of, under the Louisiana Purchase, 135, 139; as an element in the Missouri compromise, 139-151 ; rights in the District of Columbia, 172, 1S3, 184, 210, 259; rights under the Mexican acquisition ; 174-189; industrial value of, as a slave, 180-182, 188, 189, 192, 193; as an element in the Kansas-Nebraska question, 190-194; status of,under the decision in the Dred Scott case, 194-197; an element in secession, 198-201 ; status of, by the constitution of the Con- federate states, 202, 203 ; as aflfected by the Confiscation Act, 209-212 ; refused emancipation in Delaware, 211; emancipated by Lincoln, 212, 214; emancipated in West Virginia, 213; eman- cipated in Missouri, 214, 217; emancipated in Arkansas, 218; emancipated in Virginia, 219; emancipated in Lousiana, 219, 220; emancipated in Maryland, 220,221; emancipated in Nevada, 221 ; emancipated in Tennessee, 222; emancipated by the thir- teenth amendment, 250-252; atti- tude of Alabama, .South Carolina, North Carolina, Georgia, Florida, Mississippi and Texas, towards, 253-258; Congress held respon- INDEX 455 sible for, at the South, 258, 259; granted civil and political rights by the fourteenth amendment, 260-271 ; attitude of the South towards (1866, 1867), 264-271 ; attitude of the North towards, 260-271; as affected by the fif- teenth amendment, 272-277 ; legal rights under the thirteenth, four- teenth and fifteenth amendments, 308-312; acts of Congress, of the state legislatures, and executive proclamations (1861-1870) affect- ing the status of the negro, 281- 287 ; general character of these acts, 287, 290 ; status of, under the constitutions of southern states, (1865), 291; under south- ern constitutions (1867-1870), 291-293; suffrage rights under southern constitutions (1890- 1902), 293-295; remarks on the extension of civil and political rights to, 330, 331, 342, 343. Nevada, admission of, 22 1 ; prohibits slavery, 221, 222, 265, 292, 295. New Hampshire, 74, 76, 86, 253, 280. New Jersey, 13, 14; 74, 75, 76, 79; ratifying convention 84 ; 90, 257, 270, 275. New Jersey Plan, The, 22-26, 29,32. New Orleans, 219. New York, 6, 141 ; ratifying con- vention, 87-89 ; 226,253,265,267, 279, 292, 293, 300. New York City, 6. " New York Packet " The, 36. Nicholas, George, 70, 112. Nicholas, John, 110. Nicholson, Joseph H. 133. North Carolina, in Federal Conven- tion, 27, 2^^ ; dissensions in (1787), 38; 69, 74, 76, 89, 90; 254, 266, 270, 283, 285. Nullification, 159-169. O Ohio, 265, 270 ; rejects the fifteenth amendment, 275. Ordinance of 1787, 142. Oregon (see Oregon question), 225, 257, 265, 275, 285, 2S6. Oregon question. The, 176-178. Paine, Thomas, 11. Parliament, and the Stamp Act, 7. Paterson, William, 22, 23. Peace Conference, The, 205, 206, 207. Pendleton, George H. 251. Pennsylvania, 8, 14, 16, 76, 80; ratifying convention, 83, 84, 265, 300. Perry, Benjamin F. 256. Philadelphia, 8, 17; convention, 1787, 17, 18. Philippines, The, constitutional questions involved in the acqui- sition of, 321, 323, 326. Pickering, Timothy, 134. Pierce, Franklin, President, on com- promise measures of 1850, 190. Pierpoint government, The (Va.), 219. Pinckney, Charles, in Federal Con- vention, 20, 86. Pinckney, Charles C, 26, 86; on negro suffrage (1820), 147, 148. Pinckney, Thomas, electoral votes for (1796), 108, no. Pinckney, William, 126. Political Parties, beginning of, 123, 124, 127; see the federalist party; attitude of the Republicans towards the purchase of Louisi- ana, 133-135; the Independ- ent Democrats (1854), 192; the republican party nominates Lin- coln, 197; attitude of the repub- lican party toward slavery, 197, 206, 251, 252, 263, 264, 265, 283; attitude of the democratic party toward slavery, 264 ; toward re- construction, 271 ; attitude of the republican party toward recon- struction, 271, 272-274, 276, 289; their function, 337, 338. Polk, James K., President, 174-178. Porto Rico, Foraker Act concern- ing, 324 ; decision respecting, 321- 325- Post-office, Department of, 10. President, The, organization of the office of, 20, 23, 24, 33 ; election of, 60, 1 1 2-1 17. Principles of government in Amer- 456 INDEX ica, The, analyzed in "The Fed- eralist," 35-6S ; (and see under "The Federalist") interpretation of, by the courts ( i789-iS64),236- 249; (1864-1900), 303-326. Puhlms, pseudonym of authors of " The Federalist," 89. Purvis, Robert, 172. R Randolph, Edmund, in Federal Convention, 18, 20, 27, 32; in Virginia Convention, 87, 102. Randolph, John, 1 16 ; on the Louis- iana Purchase, 132. Randall, Samuel J. 261. Rats and Anti-Rats, 97. Read, George, 70. Reconstruction, 209-224; 252-290; 309-313- Representation, Basis of (Consti- tution, 1776-1800), 74, 75 ; (Con- stitutions, 1800-1860), 227, 228; inclusion of the negro in (see under Negro, also wnAax Fourteenth and Fifteenth Amendments) ; con- stitutions (1860-1900), 293, 294, 308,312,330,343. Republican party. The, 197, 206, 251, 252, 263-265, 271, 272, 274, 276, 289. Revolution, The American, char- acter of, I, 2, 12. Rhode Island, 13, 17, 18; becomes a state, 69; ratifying convention, 99, 100. Richmond, 202. Ross, James, 109. Rush, Richard, 152. Rutledge, John, 86. Sauls!)ury, Senator, 250. Scott, John, 140, 142. Secession (1803), 134; (1807), 135; (i860), 197-210. Sedgwick, Theodore, 98, 105. Seward, William H., speech on "California, the Union, and l''rce- dom," 186, 187; on the Kansas- Nebraska Bill, 191 ; proposes a national constitutional conven- tion, 207, 270, 283. Seymour, Horatio, 271. Schools, North and South com- pared (1850), 181, 182. Sharkey, William L. 258, 283. Shays's rebellion, 17. Sherman, John, 270, 274. Sherman, Roger, 11, in Federal Convention, 25, 26 ; 95, 96, 98. Slavery, discussed in Federal Con- vention, 27, 28, 29, 30; an issue in the Missouri compromise, 1 39-1 5 1 ; its extension planned with the acquisition of territory from Mexico, and annexation of Texas, 175, 178, 179, 183-189; extension of: in Kansas and Nebraska (Kansas, Nebraska, 1851-1S54), 190-194, case of Dred Scott, 194-197; extension of, opposed by the republican party (i860), 197-200; extension of, favored by the Southern Con- federacy, 199-203; attempts to compromise by constitutional amendments (1860-1861), 204- 208 ; abolition of, in the terri- tories and in the District of Columbia, 210 ; compensatory emancipation refused by Dela- ware, 211 ; emancipation by Lin- coln, 211, 212, 214, 218 ; abolished by the states (West Virginia, Missouri, Arkansas, Virginia, Louisiana, Maryland, Nevada, Tennessee), 212-222; abolished by the thirteenth amendment, 250-257. Smith, Adam, 30. Smith, William, 108, 112, 115. South American Republics, 1 52-1 56. South Carolina and the Western lands, 14 ; on representation of slaves, 27; 85,86; tariff protest, nullification, 159-169; 254, 255, 256, 269, 270, 282, 283. South Carolina " Exposition," The (1828), 159, 160. Sovereignty of the general govern- ment; of the state, 25, 38, 41, 43, 44. 48, 49. Sr. 53. 54. 55- 5^. 62, 63, 64-67, 71. 87, 100-106, 109; INDEX 457 formulated in the Virginia and Kentucky Resolutions, 128-130; involved in internal improve- ments, 139; in the Missouri ques- tion (1S20), 141, 150, 151; and nullification, 159-168; of the United States in acquiring terri- tory (Mexico), 175; of the states by the decision in the Dred Scott case, ig6; a working element in secession, 198; of the states an element in slavery extension, 199; of the state declared by tiie Constitution of the Confederate States, 202 ; of the state (consti- tutions 1800-1860), 234; last at- tempt to claim, by a state, 193, 234; silence of state constitutions re- specting, 234; under the United States Constitution, 239 ; na- tional, 239, 240, 241, 242, 246, 248, 249; national recognized by the Nevada constitution (1864), -95 ! by the Mississippi constitu- tion (1890), 295; of the national government declared by the courts, 304-308 ; spheres of state and national, 306, 307 ; applica- tions of the principle of national, 3137326. " Spirit of Laws," Montesquieu's, 39. Squatter sovereignty, 193. Stamp Act, The, 6, 7. State, department of, 10. States, The ; perils to, from loca- tion {1787), 37, 38; the basis of confederation, 43; encroachment upon national authority, 44; sov- ereignty of, 55; supremacy of, in administration under a confed- eracy, 62 ; courts of, as viewed by the Anti-Federalists, 65-67 ; organized under written constitu- tions, 69. Steele, Brig.-General Frederick, 218. Stephens, Alexander H. 202, 203. Stevens, Thaddeus, 260, 289. Stewart, William M. 272. Story, Joseph, Justice, 244, 245. Strong, Caleb, 118. Strong, William, Justice, 315. St. Louis, 217. Suability of a state (eleventh amend- ment), 100-106. Suffrage, The, under state consti- tutions (1776-1800), 75; free negroes and, 145-149; extension to the negro in Louisiana sug- gested by Lincoln, 219, 220; suggested by President Johnson to Mississippi, 253; suggested in Texas (1866), 257; North and South hostile to negro, 258, 267 ; attitude of President Johnson to negro, 259 ; negro in District of Columbia, 259; extension of, to the negro (fourteenth and fifteenth amendments), 260-277, 309-311; under the Civil Rights Act, 258, 284 ; negro, in the territories (1867), 259, 284, 285; right of, under the fifteenth amendment, 286, 287, 309-311 ; in the Philip- pines, 323-326 ; attitude of former slaveholding states to negro, 292, 295, 343 ; woman, 295 ; for the Indian, 228 ; disappearance of property and religious qualifica-. tions for, 228 ; property qualifi- cation for negro, in New York, 22S (note.) Supreme Court, organization, 19, 20) 33) 34 > powers of, examined in " The Federalist," 63-66 ; of the states, 77-79, 232, 233, 300; Chief-Justice Marshall's services in, 171, 236-249, 305, 306, 316, 31S, 323, 326; Roger B. Taney's services in, 237, 244, 246, 247 ; and the Dred Scott case (see under Dred Scott case) ; Salmon P. Chase's services in, 237, 306, 314; Melville W. Fuller's decision in income tax cases, 318. Tallmadge, James, 141, 142. Taney, Roger B., chief-justice, opinion of, in the Dred Scott case, 195, 196. Tappan, Arthur, 172. Tariff bills, constitutionality of, 156, 157; (182S), 158-160; and nullifi- cation, 159-169. Taylor, John W., 142, 143. Ten amendments, The first, 83-100. Tennessee, state of, 69, 74, 202 ; 458 INDEX military governor in, 214; abol- ishes slavery, 222, 252, 265, 275, 283, 285, 286, 292, 296. Territory, the North West, the South West, 122; Missouri, 140- 150; Arkansas, 142; Utah, New Mexico, 183, relation of Wilmot Proviso to new, 182, 1S3; pro- slavery view of relation of the Constitution to new, 183; status of new, discussed in debate on the compromise of 1S50, 184-189 ; Nebraska, 190-194; status of, de- fined by the decision in the Dred Scott case, 195, 196; attitude of the republican party to slavery in a, 197 ; Arizona, 203 ; and the Crittenden resolutions, 205 ; slavery is abolished, 259, 282 ; Montana, 285 ; power of Con- gress over, 323-326. Texas, 174-178, 183, 1S4, 201, 225, 257, 266, 270, 274, 275, 284, 285. Texas question. The, 174-178, 183, 184. Thirteenth Amendment, history of, 21^0-252 ; ratification of, 254-258, 283 ; judicial interpretation of, 308. Thomas, Jesse B. 143, 144. Thompson, Jacol:), 204. Tilden, Samuel J. 313. 335, 336. Topeka constitution. The, 193, 194. Townshend Acts, 7. Trade, British-American, 1774, 9. Treasury Notes, decisions respect- ing. 314-318. Treaties, Jay {1794), 124, 125; Louisiana (1803), '39; United States and Great Britain (1862), suppression of the African slave trade, 210. Tucker, Thomas T. 97. Twelfth amendment, 106-117. Tyler, John, President, policy of, ^73-175; presides over the Peace Conference, 206. U Utah cases. The, 319, 320. Union of 1643, The New England, 4, 5 ; plans for colonial, 5 ; Albany, 5. Van Buren, Martin, President, opinions of the Constitution, 172, 173- Vermont, 69, 76, 100, 226, 253. Vice-President, election of, 11 2-1 17. Virginia, 11, 14, 16, 69; ratifying convention, 87, 88; amendments to the Constitution, 92, 93 ; Reso- lutions, 128-130, 161 ; joins the Confederacy, 202 ; approves Crit- tenden Resolutions, 205 ; suggests the Peace Conference, 205; the Pierpoint Government, 219; rati- fies the thirteenth amendment, 2(9, 252, rejects the fourteenth amendment, 271 ; ratifies the fourteenth and fifteenth amend- ments, 275; constitution of 1870, 279, 282, 283, 292 , constitution of (1902), 294. Virginia plan. The, 18-22, 32. Virginia resolutions, 12S-130, 160. Voters, 74, 75. See also, Suffrage. W Washington, George, on Shays's rebellion, 17 ; President of Fed- eral Convention, 18 ; on " The Federalist," 35 ; federal influence in Virginia, 87, 88 ; chosen Pres- ident, 90 ; on Madison's amend- ments, 98; popularity, 108. War, Department of, 10. Webster, Daniel, on the Missouri compromise, 149; on the tariff of 1824, 157; reply to Hayne, 160-165; Seventh of March speech, 185, i86, 204. West Virginia, admission of, 212, 213, 252, 265, 282, 283, 286, 292. Whigs, The, elect Harrison and Tyler, 173 ; opinion of the Wilmot proviso, 183. Whittier, John G., 172. Wigfall, Lewis T., on the dissolution of the Union, 208. Wilkinson, on amendment of the Constitution, 207. Wilmot, David, 182. Wilmot Proviso, 1S2. INDEX 459 Williamson, Hugh, 27. Wilson, Henry, 250. Wilson, James, 22, 24, 31 ; con- fidence in the people, 42 ; 70, 83; on suability of a state (eleventh amendment) 103, 104. Wisconsin, 228. Witherspoon, John, 70. Wyoming, 295. Wythe, Chancellor, 70. Yancey, William L. on secession, 198. Yates, Richard, 28. 3 1158 00700 4251 UC SOUTHERN REGIONAL LIBRARY FACILITY AA 000 814 408 1 1F( ^LIF