Digitized by tine Internet Arcinive in 2007 witin funding from IVIicrosoft Corporation littp://www.arcfiive.org/details/constitutionofunOOboutrich THE CONSTITUTION; OF THE UNITED STATES AT THE END OF THE FIRST CENTURY BY GEORGE S. BOUT WELL h BOSTON, U.S.A. D. C. HEATH & CO., PUBLISHERS 1895 Copyright, 1895, By GEOKGE S. BOUTWELL. Typography by J. S. Gushing & Co., Norwood, Mass. Presswork by Rockwell & Churchill, Boston. . PREFACE. It has been my purpose, in the preparation of this volume, to set forth in a concise form the subs^nce of the leading decisions of the Supreme Court, in which the several articles, sections, and clauses of the Constitution of the United States have been examined, explained, and interpreted. The inquiry covers the full period of a hundred years. In that time the more important, and the most important, provisions of that instrument have been discussed at the bar, and the questions arising fi-om business transactions, from the relations of States to each other, from the relations of States to the national government, and questions growing out of our treaties with Indian tribes and with foreign nations, have been adjudicated by the Court. An examination of the authorities so created justifies and renders unavoidable the conclusion that the Constitution of the United States, in its principles and in its main features, is no longer the subject of controversy, of debate, or of doubt. The line of sovereignty in the States and the nature, extent, and limits of the sovereignty of the national gov- ernment have been distinctly marked ; and thus the gravest questions that have arisen under the Constitution — ques- tions that disturbed the harmony and threatened the exist- ence of the Union — have passed from the field of debate into the realm of settled law. It is a fortunate circumstance in the history of the Supreme Court and of the country that the conclusions were not reached by the concurrent action of judges taken from one section of the Union, nor by the concurrent action of iii IV PREFACE. judges who had entertained kindred opinions in partisan warfare. Indeed, as the text will show, the crucial and most important case — the case which recognized and established the supremacy of the national government — was decided in a divided court, upon the opinion of judges, a majority of x whom were from the section of the Union where the extreme doctrine of State rights was accepted generally. The supremacy of the national government has been estab- lished, but within Hfciits well defined; while to the States every power, all dignity, all sovereignty essential for the administration of governments within States, remain undis- turbed. At the end of a century this result has been reached: The action of the general government is applied to all the external concerns of the nation, and to those internal con- cerns which affect the States generally, but not to those which are completely within a particular State, which do not affect other States, and with which it is not necessary to interfere for the purpose of executing some of the general powers of the national government. I have not sought to adapt this work to any class of readers, either student or professional, but to present the Constitution of the United States to whatever public I may be able to reach, and as it has been interpreted by the Supreme Court. At the close of my self-imposed task, which from the beginning to the end has been instructive and agreeable to me, I cannot omit the expression of my reverent admiration for the foreseeing genius of the men who created the Supreme Court, made it independent in its organization, infallible as an instrument of government, and the final arbiter in the determination of the rights of citizens and of controversies between States. Groton, Mass., March, 1895. CONTENTS. THE ORGANIC LAWS OF THE UNITED STATES. PAGKS Declaration of Independence 1-8 Articles of Confederation 9-22 The Ordinance for tlie Government of the Territory Northwest of the River Ohio , . . . 23-32 Constitution of the United States 33-61 Amendments to the Constitution of the United States . . . 01-71 Analytical Index to the Constitution of the United States . . 73-132 CHAPTER I. Origin and Progress of Independence . .• . . . . 133-157 CHAPTER II. The Confederation 158-163 CHAPTER III. The Ordinance for the Government of the Territory Northwest of the River Ohio 164-166 CHAPTER IV. The Preamble to the Constitution 167-170 CHAPTER V. The Constitution. Distribution of Powers 171,172 CHAPTER VI. Rights and Privileges of Members of Congress .... 173-176 V Vi CONTENTS. CHAPTER VII. PAGES Power to levy and collect Taxes 177, 178 . i / CHAPTER VIII. Power to borrow Money on the Credit of the United States . . 179-189 CHAPTER IX. The Regulation of Commerce 190-204 CHAPTER X. Naturalization 205, 206 CHAPTER XI. Bankruptcy 207-214 CHAPTER XII. Power to coin Money, etc 215, 216 CHAPTER XIII. Post Offices and Post Roads 217,218 CHAPTER XIV. Inventions and Discoveries 219 CHAPTER XV. Piracies and Felonies 220,221 CHAPTER XVI. War Powers 222-224 CHAPTER XVII. To provide and maintain a Navy . 226 CHAPTER XVIII. The Militia, '. 226-228 CHAPTER XIX. The Seat of Government 229,230 CONTENTS. . Vll CHAPTER XX. PAGES General Powers 231-2.S3 CHAPTER XXL Importation of Slaves 234 CHAPTER XXII. The Privilege of the Writ of Habeas Corpus 236-240 CHAPTER XXIII. Bills of Attainder and Expost Facto Laws . . c . . 241-243 CHAPTER XXIV. Capitation and Direct Taxes 244-246 CHAPTER XXV. Tax on Exports . . . . . . . . . . 247, 248 CHAPTER XXVI. Bills of Credit 249, 250 CHAPTER XXVII. Expost Facto Laws 251-254 CHAPTER XXVIII. As to the Obligation of Contracts ....... 265-270 CHAPTER XXIX. As to Imposts and Duties levied by States 271, 272 CHAPTER XXX. Compacts between States 273, 274 CHAPTER XXXI. Tonnage Duties 276, 276 CHAPTER XXXII. Relating to the Election of President and Vice-President . . 277-280 Vlll CONTENTS. CHAPTER XXXIII. PAGES Pardons 281-285 CHAPTER XXXIV. Treaties 286-296 CHAPTER XXXV. Duties of the President 297-300 CHAPTER XXXVI. Impeachment 301 CHAPTER XXXVII. Judicial Power 302,303 CHAPTER XXXVIII. Judicial Power. — Its Extent 304-314 CHAPTER XXXIX. Jurisdiction of the Supreme Court, Original and Appellate . . 316 CHAPTER XL. Trial by Jury 316-318 CHAPTER XLI. Treason 319,320 CHAPTER XLII. Punishment of Treason 321-327 CHAPTER XLIII. Public Records : How proved = 328-330 CHAPTER XLIV. Privileges and Immunities of Citizens 331-333 CHAPTER XLV. . As to Fugitives from Justice ....,..» 334-337 CONTENTS. IX CHAPTER XLVI. PAGES As to the Rendition of Fugitive Slaves , 338 CHAPTER XLVIL As to the Admission of New States .. = ,.. 339 CHAPTER XLVIII. As to the Government of Territories ... . , . . 340, 342 CHAPTER XLIX. As to the Guarantee of a Republican Form of Government . . 343-350 CHAPTER L. As to Amendments to the Constitution ...... 351 CHAPTER LI. As to Pre-existing Debts and the Supremacy of the Constitution . 352-354 CHAPTER LII. Amendments to the Constitution. Limitations of the Powers of Congress 355-357 CHAPTER LIII. The Right of the People to keep and bear Arms .... 358-360 CHAPTER LIV. As to Searches and Seizures 361-363 CHAPTER LV. As to Security of Personal Rights and Due Process of Law . . 364-367 CHAPTER LVI. As to the Rights of Persons accused of Crime .... 368-370 CHAPTER LVII. As to the Right of Trial by Jury in Civil Cases . . , . 371-373 X CONTENTS. CHAPTER LVIII. PAGES Limitations of the Powers of Courts to inflict Punishments . . 374 CHAPTER LIX. As to the Reservation of Powers to the States and to the People . 375-380 CHAPTER LX. As to the Right of a Citizen to institute a Suit against a State . 381, 382 CHAPTER LXI. As to the Election of President and Vice-President . . . 383-385 CHAPTER LXII. The Abolition of Slavery .... , . . 386, 387 CHAPTER LXIII. As to Citizenship, Personal Rights, the Validity of the Public Debt, and the Payment of Pensions ..... 388-397 CHAPTER LXIV. As to the Elective Franchise 398,399 Index 401 TABLE OF CASES CITED IN THE TEXTr A. Ableman v. Booth and the United States, 21 How. 506, p. 236. Achison v. Huddleson, 12 How. 293, p. 274. Almy V. State of California, 24 How. 169, p. 271. American Insurance Co. v. Canter, 1 Pet. 511, p. 341. Ames V. Kansas, 111 U.S. 449, pp. 269, 313. Anderson v. Dunn, 6 Wheat. 204, p. 175. Armstrong's Foundry, 6 Wall. 766, p. 283. Arrowsmith v. Harmoning, 118 U.S. 194, p. 365. Asher v. Texas, 128 U.S. 129, p. 201. Ayers, In re, 123 U.S. 443, p. 382. B. Baldwin v. Franks, 120 U.S. 678, p. 291. Ball, The Daniel, 10 Wall. 557, p. 194. Bank v. Supervisors, 7 Wall. 26, p. 180. Bank Tax Case, 2 Wall. 200, p. 181. Banks v. Manchester, 128 U.S. 244, p. 219. Banks, The, v. The Mayor, 7 Wall. 16, p. 180. Barbier v. Connolly, 113 U.S. 27, p. 392. Barings v. Dabney, 19 Wall. 1, p. 262. Baron v. Mayor and City Council of Baltimore, 7 Pet. 243, p. 366. Barron v. Burnside, 121 U.S. 186, p. 311. Bartemeyer v. Iowa, 18 Wall. 129, pp. 268, 31)6. Beer Co. v. Massachusetts, 97 U.S. 25, p. 269. Beers v. State of Arkansas, 20 How. 257, p. 262. Bigelow V. Forrest, 9 Wall. 339, p. 324. Binghamton Bridge Case, 3 Wall. 61, p. 263. Board of Public Works v. Columbia College et ah, 17 Wall. 521, p. 330. Bollman, Ex parte, 4 Cr. 75, pp. 235, 320. Bowman v. Chicago and N.W. Rail- way Co., 125 U.S. 465, p. 204. Boyd V. The United States, 116 U.S. 616, p. 363. Bradwell v. State of Illinois, 16 Wall. 130, pp. 332, 396. Brass v. Stoeser, 153 U.S. 391, pp. 196, 202. Brennan v. Titusville, 153 U.S. 289, p. 201. Briscoe v. Bank of Commonwealth of Kentucky, 11 Pet. 257, p. 250. Bronson v. Kinzie, 1 How. 311, p. 261. Brown v. Houston, 114 U.S. 622, pp. 202, 272. Brown v. State of Maryland, 12 Wheat. 419, p. 202. Browne v. Strode, 5 Cr. 303, p. 306. Brown v. The United States, 8 Cr. 110, p. 222. Budd V. New York, 143 U.S. 517, p. 196. Byrne v. State of Missouri, 8 P€t.40, p. 246. xu TABLE OF CASES CITED IN THE TEXT. C. Calder v. Bull, 3 Dall. 386, p. 251. Caldwell v. Texas, 137 U.S. 692, p. 392. Callan v. Wilson, 127 U.S. 540, pp. 318, 370. Campbell v. Holt, 115 U.S. 620, p. 393. Cannon v. City of New Orleans, 20 Wall. 277, p. 275. Cardwell v. American Bridge Co., 113 U.S. 205, p. 194. Chae Chau Ping v. The United States, 130 U.S. 581, p. 294. Chaffraix v. Shiff, 92 U.S. 214, p. 326. Charles River Bridge v. Warren Bridge, 11 Pet. 420, p. 260. Cherokee Nation v. State of Georgia, 5 Pet. 1, p. 286. Chew Heong v. The United States, 112 U.S. 536, p. 294. Chinese Exclusion Case, 130 U.S. 581, p. 293. Chisholm v. The State of Georgia, 2 Dall. 419, pp. 169, 304, 381. Christmas v. Russell, 5 Wall. 290, p. 329. Chy Lung v. Freeman, 92 U.S. 275, p. 294. City of New Orleans v. Armas and Cucullu, 9 Pet. 223, p. 291. City of New York v. Miln, 11 Pet. 102, p. 202. Civil Rights Cases, 109 U.S. 3, pp. 387, 397. Clinton v. Englebrecht, 13 Wall. 434, p. 341. Coe V. Errol, 116 U.S. 517, p. 197. Coleman v. Tennessee, 97 U.S. 509, p. 228. Collector v. Day, 11 Wall. 113, p. 177. Commerce, Bank of, v. New York, 2 Black. 620, p. 181. Commonwealth of Kentucky v. Den- nison, Governor, 24 How. Q&, pp. 299, 334. Converse, In re, 137 U.S. 624, p. 392. Cook V. Pennsylvania, 97 U.S. 566, pp. 1 78, 202. Cooley V. Wardens of Philadelphia, 12 How. 299, pp. 202, 247, 271. Cooper Manufacturing Co. v. Fergu- son and Another, 113 U.S. 727, p. 195. Corson v. Maryland, 120 U.S. 502, p. 201. Counselman v. Hitchcock, 142 U.S. 547, p. .366. Covington & Cincinnati Bridge Co. v. Kentucky, 154 U.S. 204, p. 197. Craig V. State of Missouri, 4 Pet. 410, pp. 246, 249. Crandall v. State of Nevada, 6 Wall. 35, p. 201. Crescent City Co. v. Butchers' Union, 111 U.S. 764, p. 268. Curamings v. The State of Missouri, 2 Wall. 277, p. 242. Cummings v. State of Missouri, 4 Wall. 277, p. 251. Curran v. State of Arkansas, 15 How. 304, p. 262. D. D'Arcy v. Ketchum, 11 How. 165, p. 329. Darrington v. State of Alabama, 13 How. 12, p. 250. Dartmouth College v. Woodward, 4 Wheat. 518, p. 255. Davis V. Packard, 7 Pet. 276, p. 308. Day V. Micou, 18 Wall. 156, p. 325. Dobbin v. The Commissioners of Erie County, 16 Pet. 435, p. 177. Dorr, Ex parte, 3 How. 103, p. 236. Doyle V. Continental Insurance Co., 94 U.S. 585, p. 311. Dred Scott v. Sanford, 19 How. 293, pp. 162, 205, 386. Durousseau v. The United States, 6 Cr. 307, pp. 307, 315. Dynes v. Hoover, 20 How. 65, p. 225. TABLE OF CASES CITED IN THE TEXT. XIU E. Edwards v. Elliott, 21 Wall. 532, p. 373. Edwards v. Kearsey, 96 U.S. 595, p. 266. Effinger v. Kenney, 115 U.S. 566, p. 269. Eilenbecker v. District Court of Ply- mouth Co., 134 U.S. 31, pp. 355, 393. Elk V. Wilkius, 112 U.S. 94, p. 390. Elliot's Debates, Vol. 5, 379, p. 321. F. Fairfax's Devisees v. Hunter's Lessee, 7 Cr. 603, p. 377. Fargo V. Michigan, 121 U.S. 250, p. 195. Fisk V. Jefferson Police Jury, 116 U.S. 131, p. 270. Fletcher v. Peck, 6 Cr. 87, p. 24L Fong Yue Ting v. The United States, 149 U.S. 698, p. 294. Fort Leavenworth Railroad Co. v. Lowe, 114 U.S. 525, p. 230. Fosters. Hasten, 94 U.S. 216, p. 198. Foster v. Neilson, 2 Pet. 253, p. 290. Fosters. Kansas, 112 U.S.. 201, p. 269. Fox V. State of Ohio, 5 How. 410, p. 215. G. Garland, Ex parte, 4 Wall. 333, pp. 243, 251, 282. Gassies v. Ballon, 6 Pet. 761, p. 331. Genesee Chief v. Fitzhugh, 12 How. 443, p. 311. " Gibbons v. Ogden, 9 Whea. 1, pp. 168, 190. Gibson v. Chouteau, 13 Wall. 92, p. 341. Oilman v. 1 Philadelphia, 3 Wall. 713, p. 194. Gloucester Ferry Co. v. Pennsylvania, 114 U.S. 196, p. 193. Gordon v. Appeal Tax Court, 3 How. 133, p. 261. Grant v. Raymond, 6 Pet. 218, p. 219. Greene v. Biddle, 8 Whea. 1, pp. 258, 273. Guy V. Baltimore, 100 U.S. 434, p. 195. H. Hagood V. Southern, 117 U.S. 152, p. 382. Hall V. DeCair, 95 U.S. 485, p. 201. Hallinger v. Davis, 146 U.S. 314, p. 368. Hans V. Louisiana, 134 U. S. 1, p. 305. Haver v. Yaker, 9 Wall. 32, p. 354. Hayburn's Case, 2 Dall. 409, p. 302. Head Money Cases, 112 U.S. 580, pp. 201, 246. Head v. Amoskeag Manufacturing Co., 113 U.S. 9, p. 392. Henderson v. Mayor of New York, 92 U.S. 259, p. 201. Hepburn and Ellzey, 2 Cr. 445, p. 229. Hepburn v. Griswold, 8 Wall. 603, pp. 183, 184, 186. Hine, The, v. Trevor, 4 Wall. 555, p. 311. Hollings worth v. The State of Vir- ginia, 3 Dall. 378, p. 305. Holmes v. Jennison, 14 Pet. 540, pp. 239, 336. Home of the Friendless v. Rouse, 8 Wall. 430, p. 265. Hope Insurance Co. v. Beardman et al. and Bank of United States v. Deveaux, 5 Cr. 57-61, p. 306. Hopt V. Utah< 110 U.S. 574, p. 243. Houston V. Moore, 5 Whea. 1, p. 226. Hurtado v. California, 110 U.S. 516, p. 392. Huse V. Glover, 119 U.S. 543, pp. 194, 275. Hylton V. The United States, 3 Dall. 171, pp. 177, 241. I. Inglis V. Trustees of the Sailors' Snug Harbor, 3 Pet. 99, p. 280. Inman Steamship Company v. Tinker, 94 U.S. 238, p. 276. XIV TABLE OF GASES CITED IN THE TEXT. Insurance Co. v. Dunham, 11 Wall. 1, p. 312. Insurance Co. v. Morse, 20 Wall. 445, p. 311. J. Jefferson Branch Bank v. Skelley, 1 Black, 436, p. 263. Juilliard v. Greenman, 110 U.S. 421, p. 184. Justices V. Murray, 9 Wall. 274, p. 373. K. Kearney, Ex parte, 7 Wh. 38, p. 368. Kendall v. The United States, 12 Pet. 524, pp. 230, 299, 367. Kennett v. Chambers, 14 How. 38, - p. 354. Kentucky Railroad Tax Cases, 115 U.S. 321, p. 393. Kidd V. Pearson, 128 U.S. 1, p. 203. Kilbourn v. Thompson, 103 U.S. 168, p. 175. Knote V. United States, 95 U.S. 149, p. 285. Rringv. Missouri, 107 U.S. 221, p. 243. L. Lane v. County of Oregon, 7 Wall. 76, pp. 162, 183. Lange, Ex parte, 18 Wall. 163, p. 366. Lasselles v. Georgia, 148 U.S. 537, p. 334. Legal Tender Cases, 12 Wall. 457, pp. 183, 187, 233. Leisy ?). Harden, 135 U.S. 100, p. 204. Leloup V. Port of Mobile, 127 U. S. 640, p. 197. License Tax Cases, 5 Wall. 462, p. 245. Lincoln County v. Luning, 133 U.S. 529, p. 382. Logan V. United States, 144 U.S. 263, p. 369. Loughborough v. Blake, 5 Whea. 317, p. 229. Louisiana Gas Co. v. Citizens' Gas Co., 115 U.S. 683, p. 270. Louisville Railroad Co. v. Letson, 2 How. 497, p. 306. Lucy, The, 8 Wall. 307, p. 315. Luther v. Borden, 7 How, 1, p. 346. M. Machine Co. v. Gage, 100 U.S. 676, p. 195. Mackey v. Coxe, 18 How. 100, p. 342. Mackin v. United States, 117 U.S. 348, p. 365. Madison Papers, pp. 158, 167, 168, 169. Mahon v. Justices, 127 U.S. 700, p. 335. Marbury v. Madison, 1 Cr. 137, pp. 297, 315, 352. Martin v. Hunter's Lessee, 1 Wh. 304, pp. 376, 379. Martin v. Mott, 12 Whea. 19, p. 228. McCandle, Ex parte, 7 Wall. 506, p. 315. McCracken v.- Hayward, 2 How. 608, p. 261. McCready v. Virginia, 94 U.S. 391, p. 333. McCulloch V. Maryland, 4 Whea. 316, pp. 170, 179, 231. McPherson v. Blacker, 146 U.S. 1, p. 277. M'Elmoyle v. Cohen, 13 Pet. 312, p. 329. Miller v. Mayor of New York, 109 U.S. 385, p. 194. Miller v. The United States, 11 Wall. 268, p. 222. Milligan, Ex parte, 4 Wall. 2, 131, pp. 239, 316. Mills V. Duryee, 7 Cr. 481, p. 328. Minor v. Happersett, 21 Wall. 162, p. 390. M'Intire v. Wood, 7 Cr. 504, p. 299. Mississippi v. Johnson, 4 Wall. 475, p. 299. Missouri v. Lewis, 101 U.S. 22, p. 391. Missouri Pacific Railway Company v. Humes, 115 U.S. 512, p. 393. Moran v. New Orleans, 112 U.S. 69, p. 195. TABLE OF CASES CITED IN THE TEXT. XV Moore v. I^eople of the State of Illinois, 14 How. 13, p. 332. Morgan v. Louisiana, 118 U.S. 456, pp. 202, 276. Mugler V. Kansas, 123 U.S. 623, pp. 203, 396. Mumma v. Potomac Company, 8 Pet. 281, p. 259. Munn V. Illinois, 94 U.S. 113, pp. 196, 248. Murray's Lessee v. Hoboken Land Co., 18 How. 272, p. 365. N. Nashville &c. Railway v. Alabama, 128 U.S. 96, p. 318. National Bank v. Commonwealth, 9 Wall. 353, pp. 178, 182. National Bank v. County of Yankton, 101 U.S. 129, p. 342. National Bank v. United States, 101 U.S. 1, p. 245. Neal V. Delaware, 103 U.S. 370, p. 389. New Hampshire V. Louisiana, 108 U.S. 76, p. 382. New Jersey, State of, v. People of State of New York, 5 Pet. 284, p. 308. New Orleans Gas Co. v. Louisiana Light Co., 115 U.S. 650, p. 270. New Orleans Water Works Co. .v. Rivers, 115 U.S. 674, p. 270. New Orleans Water Works v. Louisi- ana Sugar Co., 125 U.S. 18, p. 270. New York v. Louisiana, 108 U.S. 76, p. 382. Nishimura Ekiu v. The United States, 142 U.S. 651, p. 294. O. Ogden V. Saunders, 12 Whea. 213, pp. 207, 258. Osborn v. Nicholson, 13 Wall. 654, p. 387. Osborn v. The United States Bank, 9 Whea. 738, p. 305. Ouachita Packet Co. v. Aiken, 121 U.S. 444, p. 276. wings V, Speed et al., 5 Whea. 420, p. 257. Pace V. Alabama, 106 U.S. 583, p. 391. Pacific Railroad Co., 127 U.S. I, p. 197. Packet Company v. Catlettsburg, 105 U.S. 559, p. 194. Packet Company v. Keokuk, 95 U.S. 80, pp. 194, 276. Packet Company v. St. Louis, 100 U.S. 423, p. 194. Page V. Burgess, Collector, 92 U.S. 372, p. 248. Parson v. Bedford, 3 Pet. 433, p. 371. Passenger Cases, 7 How. 283, p. 198. Payne v. Hook, 7 Wall. 425, p. 310. Peete v. Morgan, 19 Wall. 581, pp. 198, 276. Pembina Mining Co. v. Pennsylvania, 125 U.S. 181, p. 332. Penniman's Case, 103 U.S. 715, p. 266. Pennoyer v. Neff, 95 U.S. 733, p. 365. Pennsylvania v. Wlieeling Bridge Co., 13 How. 518, p. 194. Pennsylvania v. Wheeling and Bel- mont Bridge Co., 18 How. 421, pp. 194, 217. People V. Compagnie G6n6rale Trans- atlantique, 107 U.S. 59, p. 201. Philadelphia Steamship Co. v. Penn- sylvania, 122 U.S. 326, p. 201. Pickard, Comptroller, v. Pullman Southern Car Co., 117 U.S. 34, p. 196. Poindexter v. Greenhow, 114 U.S. 270, p. 267. Pollard's Lessee v. Hagan, 3 How. 212, p. 339. Poole V. Fleeger, 11 Pet. 185, p. 274. Postal Tel. Co. v. Charleston, 153 U.S. 692, p. 197. Pound V. Turck, 95 U.S. 459, p. 194. Powell V. Pennsylvania, 127 U.S. 678, p. 392. Powers V. Commonwealth, 5 Wall. 475, p. 374. XVI TABLE OF CASES CITED IN THE TEXT. Presser ??. State of Illinois, 116 U.S. 252, pp. 358, 360. Prigg V. Pennsylvania, 16 Pet. 539, p. 308. Pumpelly v. Green Bay Company, 13 Wall. 166, p. 367. R. 'RdihrQT, Ex parte, 140 U.S. 645, p. 204. Railway Co. v. Whitton, 13 Wall. 270, p. 306. Ratterman v. Western Union Tel. Co., 127 U.S. 411, p. 197. Rector of Christ's Church v. County of Philadelphia, 24 How. 300, p. 263. Reed, Ex parte, 100 U.S. 13, .p. 238. Reynolds v. United States, 98 U. S. 145, p. 357. Rhode Island v. Massachusetts, 12 Pet. 657, p. 308. Robbins v. Shelby Taxing District, 120 U.S. 489, p. 201. Santa Clara County v. South Pacific Railroad, 118 U.S. 394, p. 392. Satterlee v. Matthewson, 2 Pet. 380, p. 258. Scholey v. Reid, 23 Wall. 331, p. 178. Schooner Hoppet v. The United States, 7 Cr. 389, p. 221. Seibert v. Lewis, 122 U.S. 284, p. 266. SherlocK v. Ailing, 93 U.S. 99, pp. 202, 203. Siebold, Ex parte, 100 U.S. 371, p. 174. Simmons v. United States, 142 U.S. 148, p. 370. Slaughter House Cases, 16 Wall. 36, pp. 387, 389, 392. Smith V. Alabama, 124 U.S. 465, p. 195. Smith V. State of Maryland, 18 How. 71, pp. 194, 311. . Society &c. v. New Haven, 8 Whea. 464, p. 352. Spraigue v. Thompson, 118 U.S. 90, p. 202. Springer v. The United States, 102 U.S. 586, p. 246. State Freight Tax, 15 Wall. 232, p. 201. State Tax on Railway Gross Receipts, 15 Wall. 284, pp. 195, 272. State Tonnage Tax, 12 Wall. 204, p. 275. Strawder v. West Virginia, 100 U.S. 303, p. 389. Stuart V. Laird, 1 Cr. 299, p. 303. Sturges V. Crowninshield, 4 Whea. 122, pp. 207, 213-255. Swartwout, Ex parte, 4 Cr. 75, p. 320. T. Tarble's Case, 13 Wall. 397, p. 237. Telegraph Co. v. Texas, 105 U.S. 460, p. 197. Tennessee v. Davis, 100 U.S. 257, p. 313. Tennessee v. Sneed, 96 U.S. 69, p. 266. Terret v. Taylor, 9 Cr. 43, p. 356. Texas v. White, 7 Wall. 700, pp. 162, 346. Thompson v. Whitman, 18 Wall. 457, p. 330. Tiernan v. Rinker, 102 U.S. 123, p. 195. Trade Mark Case, 100 U.S. 82, p. 219. Tucker v. Ferguson et al., 22 Wall. . 527, p. 266. U. United States v. Aaron Burr, 4 Cr. 470, Appendix, p. 320. United States v. Ballin, 144 U.S. 1, p. 176. United States v. Bevans, 3 Whea. 336, p. 307. United States v. Cruikshank, 92 U.S. 542, pp. 367, 369, 390-398. United States v. Dunnington, 146 U.S. 338, p. 327. United States v. Eaton, 144 U.S. 677, p. 369. United States v. Ferreira, 13 How. 40, p. 172. TABLE OF CASES CITED IN THE TEXT. XVll United States v. Fisher, 2 Cr. 358, p. 185. United States v. Gratiot, 14 Pet. 526, p. 341. United States v. Hudson, 7 Cr. 32, p. 307. United States v. Insurgents, 2 Dall. 335, p. 319. United States v. Jung Ah Lung, 124 U.S. 621, p. 294. United States v. Klein, 13 Wall. 128, p. 284. United States v. Marigold, 9 How. 560, p. 216. United States v. Mitchell, 2 Dall. 348, p. 319. United States v. Morey, 3 Cr. 159, p. 306. United States v. Ortega, 11 Whea. 467, p. 308. United States v. Padelford, 9. Wall. 531, p. 283. United States v. Palmer, 3 Whea. 610, p. 220. United States v. Railroad Company, 17 Wall. 322, p. 178. United States v. Rauscher, 119 U.S. 407, p. 296. United States v. Reese et al., 92 U.S. 214, p. 398. United States v. Rogers, 4 How. 567, p. 342. United States v. Scott, 3 Wall. 642, p. 228. United States v. Texas, 143 U.S. 621, p. 314. United States v. Union Pacific R.R. Co., 98 U.S. 569, p. 313. United States v. Wilson, 7 Pet. 150, p. 281. V. Vallandigham, Ex parte, 1 Wall. 243, pp. 237, 303. Van Allen v. Assessors, 3 Wall. 573, p. 182. Veazie Bank v. Fenno, 8 Wall. 533, p. 245. Veazie v. Moor, 14 How. 568, p. 194. Vicksburg v. Tobin, 100 U.S. 480, p. 194. Vidal V. Girard's Executors, 2 How. 127, p. 356. Virginia, Ex parte, 100 U.S. 399, p. 390. Virginia v. Rives, 100 U.S. 313, p. 390. Von Hoffman v. City of Quincy, 4 Wall. 535, p. 265. W. Wabash, St. Louis, and Pacific Rail- way Co. V. Illinois, 118 U.S. 557, p. 195. Walker v. Whitehead, 16 Wall. 314, p. 266. Wallach et al. v. Van Riswick, 92 U.S. 202, p. 326. Walling V. Michigan, 116 U.S. 446, p. 204. Walston V. Nevin, 128 U.S. 578, p. 392. Ware v. Hylton, 3 Dall. 199, pp. 289, 352. Waring v. Clarke, 5 How. 441, p. 311. Waring v. The Mayor, 8 Wall. 110, p. 272. Watkins, Ex parte, 3 Pet. 193, p. 239. Watson V. Mercer, 8 Pet. 88, p. 258. Wells, Ex parte, 18 How. 307, p. 281. West Wisconsin R.R. Co. v. Super- visors, 93 U.S. 595, p. 266. Western Union Telegraph Co. v, Pendleton, 122 U.S. 347, pp. 197, 354. Weston V. City Council of Charleston, 2 Pet. 449, p. 180. Wharton's International Law, Chap, XL 275, p. 240. Wheaton v. Peters, 8 Pet. 591, p. 219. Wheeling Bridge Co., 13 How. 518, p. 194. White V. Hart, 13 Wall. 646, p. 265. Willamette Iron Bridge Co., 125 U.S. 1, p. 194. Williams v. Bruffy, 102 U.S. 248, p. 380, XVlll TABLE OF CASES CITED IN THE TEXT. Wilson, Ex parte, 114 U.S. 417, p. 365. Wilson V. McNamee, 102 U.S. 572, p. 202. Wilson V. The Blackbird Creek Marsh Co., 2 Pet. 245, pp. 202, 269. Wiscart v. Dauchy, 3 Dall. 321, p. 315. Withers v. Buckley, 20 How. 84, p. 366. Woodruff V. Parham, 8 Wall. 123, pp. 202, 272. Woodruff V. Trapnall, 10 How. 190, p. 262. Worcester v. State of Georgia, 6 Pet. 515, p. 287. Wurts V. Houghland, 114 U.S. 606, p. 392. Y. Yarborough, Ex parte, 110 U.S. 651, pp. 173, 398. Yick Wo V. Hopkins, 118 U.S. 356, pp. 294, 391. THE DECLAEATION OF INDEPENDENCE 1776.1 In Congress, July 4, 1776. The unanimous Declaration of the thirteen united States of America. When in the Course of human events, it becomes neces- sary for one people to dissolve the political bands which have connected them with another, and to assume among the 1 The delegates of the United Colonies of New Hampshire ; Massachusetts Bay ; Rhode Island and Providence Plantations ; Connecticut ; New York ; New Jersey ; Pennsylvania ; New Castle, Kent, and Sussex, in Delaware ; Maryland ; Virginia ; North Carolina, and South Carolina, In Congress assembled at Philadelphia, Besolved on the 10th of May, 1776, to recom- mend to the respective assemblies and conventions of the United Colonies, where no government sufficient to the exigencies of their affairs had been established, to adopt such a government as should, in the opinion of the representatives of the people, best conduce to the happiness and safety of their constituents in particular, and of America in general. A preamble to this resolution, agreed to on the 15th of May, stated the intention to be totally to suppress the exercise of every kind of authority under the British crown. On the 7th of June, certain resolutions respecting independency were moved and seconded. On the 10th of June it was resolved, that a committee should be appointed to prepare a declaration to the following effect: "That the 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, totally dissolved." On the preceding day it was determined that the committee for preparing the declaration should consist of five, and they were chosen accordingly, in the following order : Mr. Jefferson, Mr, J. Adams, Mr. Franklin, Mr. Sherman, Mr. R. R. Liv- ingston. On the 11th of June a resolution was passed to appoint a commit- 1 2 ... . THE DECLARATION OF INDEPENDENCE OF Po>wejcs Xif tljp^^eartli, the separate and equal station to which the S^awS^ q€ Nature md of Nature's God entitle them, a de- cent respect to the opinions of mankind requires that they tee to prepare and digest the form of a confederation to be entered into between the colonies, and another committee to prepare a plan of treaties to be proposed to foreign powers. On the 12th of June, it was resolved, that a committee of Congress should be appointed by the name of a board of war and ordinance, to consist of five members. On the 25th of June, a declara- tion of the deputies of Pennsylvania, met in provincial conference, express- ing their willingness to concur in a vote declaring the United Colonies free and independent States, was laid before Congress and read. On the 28th of June, the committee appointed to prepare a declaration of independence brought in a draught, which was read, and ordered to lie on the table. On the 1st of July, a resolution of the convention of Maryland, passed the 28th of June, authorizing the deputies of that colony to concur in declaring the United Colonies free and independent States, was laid before Congress and read. On the same day Congress resolved itself into a committee of the whole, to take into consideration the resolution respecting independency. On the 2d of July, a resolution declaring the colonies free and independent States, was adopted. A declaration to that effect was, on the same and fol- lowing days, taken into further consideration. Finally, on the 4th of July, the Declaration of Independence was agreed to, engrossed on paper, signed by John Hancock as president, and directed to be sent to the several assem- blies, conventions, and committees, or councils of safety, and to the several commanding officers of the continental troops, and to be proclaimed in each of the United States, and at the head of the Army. It was also ordered to be entered upon the Journals of Congress, and on the 2d of August, a copy engrossed on parchment was signed by all but one of the fifty-six signers whose names are appended to it. That one was Matthew Thornton, of New Hampshire, who on taking his seat in November asked and obtained the priv- ilege of signing it. Several who signed it on the 2d of August were absent when it was adopted on the 4th of July, but, approving of it, they thus sig- nified their approbation . Note. — The proof of this document, as published above, was read by Mr. Ferdinand Jefferson, the Keeper of the Rolls at the Department of State, at Washington, who compared it with the fac-simile of the original in his custody. He says : "In the fac-simile, as in the orighial, the whole instru- ment runs on without a break, but dashes are mostly inserted. I have, in this copy, followed the arrangement of paragraphs adopted in the publica- tion of the Declaration in the newspaper of John Dunlap, and as printed by him for the Congress, which printed copy is inserted in the original Journal of the old Congress. The same paragraphs are also made by the author, in the original draught preserved in the Department of State." THE UNITED STATES OF AMERICA. — 1776. 3 should declare the causes which impel them to the separa- tion. We hold these truths to be self-evident, that all men are created equal, that the}^ are endowed by their Creator with certain unalienable Rights, that among these are Life, Lib- erty and the pursuit of Happiness. That to secure these rights. Governments are instituted among Men, deriving their just powers from the consent of the governed. That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness. Prudence, indeed, will dictate that Govern- ments long established should not be changed for light and transient causes ; and accordingly all experience hath shown, that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same Ob- ject evinces a design to reduce them under absolute Despot- ism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security. — Such has been the patient sufferance of these Colonies ; and such is now the necessit}^ which constrains them to alter their former Systems of Government. The history of the present King of Great Britain is a history of repeated injuries and usurpations, all having in direct object the establishment of an absolute Tyranny over these States. To prove this, let Facts be submitted to a candid world. He has refused his Assent to Laws, the most wholesome and necessary for the public good. He has forbidden his Governors to pass Laws of immediate and pressing importance, unless suspended in their opera- tion till his Assent should be obtained ; and when so sus- pended, he has utterly neglected to attend to them. 4 THE DECLARATION OF INDEPENDENCE OF He has refused to pass other Laws for the accommodation of large districts of people, unless those people would relin- quish the right of Representation in the Legislature, a right inestimable to them and formidable to tyrants only. He has called together legislative bodies at places unusual, uncomfortable, and distant from the depository of their Pub- lic Records, for the sole purpose of fatiguing them into com- pliance with his measures. He has dissolved Representative Houses repeatedly, for opposing with manly firmness his invasions on the rights of the people. He has refused for a long time, after such dissolutions, to cause others to be elected; whereby the Legislative Powers, incapable of Annihilation, have returned to the People at large for their exercise; the State remaining in the mean time exposed to all the dangers of invasion from without, and convulsions within. He has endeavoured to prevent the population of these States; for that purpose obstructing the Laws for Natural- ization of Foreigners; refusing to pass others to encourage their migration" hither, and raising the conditions of new Appropriations of Lands. He has obstructed the Administration of Justice, by refusing his Assent to Laws for establishing Judiciary Powers. He has made Judges dependent on his Will alone, for the tenure of their offices, and the amount and payment of their salaries. He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our People, and eat out their substance. He has kept among us, in times of peace. Standing Armies without the Consent of our legislature. He has affected to render the Military independent of and superior to the Civil Power. He has combined with others to subject us to a jurisdic- THE UNITED STATES OF AMEKlCA. — 177(5. 5 tion foreign to our constitution, and unacknowledged by our laws ; giving his Assent to their acts of pretended Legisla- tion : For quartering large bodies of armed troops among us : For protecting them, by a mock Trial, from Punishment — for any Murders which they should commit on the Inhabi- tants of these States : For cutting off our Trade with all parts of the world: For imposing taxes on us without our Consent: For depriving us in many cases, of the benefits of Trial by Jury: For transporting us beyond Seas to be tried for pretended offences : For abolishing the free System of English Laws in a neighbouring Province, establishing therein an Arbitrary government, and enlarging its Boundaries so as to render it at once an example and fit instrument for introducing the same absolute rule into these Colonies : For taking away our Charters, abolishing our most val- uable Laws, and altering fundamentally the Forms of our Government : For suspending our own Legislature, and declaring them- selves invested with Power to legislate for us in all cases whatsoever. He has- abdicated Government here, by declaring us out of his Protection and waging War against us. He has plundered our seas, ravaged our Coasts, burnt our towns, and destroyed the lives of our people. He is at this time transporting large armies of foreign mercenaries to compleat the works of death, desolation and tyranny, alread}^ begun with circumstances of Cruelty & perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation. He has constrained our fellow Citizens taken Captive on the high Seas to bear Arms against their Country, to become the executioners of their friends and Brethren, or to fall themselves by their Hands. 6 THE DECLARATION OF INDEPENDENCE OF He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless Indian Savages, whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions. In every stage of these Oppressions We have Petitioned for Redress in the most humble terms : Our repeated Peti- tions have been answered only by repeated injury. A Prince, whose character is thus marked by every act which may define a Tyrant, is unfit to be the ruler of a free People. Nor have We been wanting in attention to our British brethren. We have warned them from time to time of attempts by their legislature to extend an unwarrantable jurisdiction over us. We have reminded them of the cir- cumstances of our emigration and settlement here. We have appealed to their native justice and magnanimity, and we have conjured them by the ties of our common kindred to disavow these usurpations, which, would inevitably inter- rupt our connections and correspondence. They too have been deaf to the voice of justice and of consanguinity. We must, therefore, acquiesce in the necessity, which denounces our Separation, and hold them, as we hold the rest of man- kind, Enemies in War, in Peace Friends. We, therefore, the Representatives of the united States of America, in General Congress, Assembled, aj)pealing to the Supreme Judge of the world for the rectitude of our intentions, do, in the Name, and by Authority of the good People of these Colonies, solemnly publish and declare, 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 con- nection between them and the State of Great Britain, is and ought to be totally dissolved; and that as Free and Inde- pendent States, they have full Power to levy War, conclude Peace, contract Alliances, establish Commerce, and to do all other Acts and Things ^^hich Independent States may of THE UNITED STATES OF AMERICA. 1776. right do. And for the support of this Declaration, with a firm reliance on the Protection of Divine Providence, we mutually pledge to each other oar Lives, our Fortunes and our sacred Honor. JOHN HANCOCK. JOSIAH BaRTLETT, Wm. Whipple, Saml. Adams, John Adams, New Hampshire. Matthew Thornton. Massachusetts Bay. RoBT. Treat Paine, Elbridge Gerry. Step. Hopkins, Rhode Island. William Ellery» Roger Sherman, Sam'el Huntington, Connecticut. Wm. Williams, Oliver Wolcott. Wm. Floyd, Phil. Livingston, New York, Frans. Lewis, Lewis Morris. Richd. Stockton, Jno. Witherspoon, Fras. Hopi^inson, RoBT. Morris, Benjamin Rush, Benja. Franklin, John Morton, Geo. Clymer, New Jersey. John Hart, Abra. Clark. Pennsylvania. Jas. Smith, Geo. Taylor, James Wilson, Geo. Ross. THE DECLARATIOK OF INDEPENDENCE. 1776. C^SAR Rodney, Geo. Read, Samuel Chase, Wm. Paca, Thos. Stone, George Wythe, Richard Henry Lee, Th. Jefferson, Benja. Harrison, Delaware. Tho. M'Kean. Maryland. Charles Carroll of Carroll- ton. Virginia. Thos. Nelson, jr., Francis Lightfoot Lee, Carter Braxton. North Carolina. John Penn. Wm. Hooper, Joseph Hewes, South Carolina. Edward Rutledge, Thomas Lynch, Junr., Thos. Heyward, Junr., Arthur Middleton. Button Gwinnett, Lyman Hall, Georgia. Geo. Walton. Note. — Mr. Ferdinand Jefferson, Keeper of the Rolls in the Department of State, at Washington, says: "The names of the signers are spelt above as in the fac-simile of the original, but the punctuation of them is not always the same ; neither do the names of the States appear in the fac-simile of the original. The names of the signers of each State are grouped together in the fac-simile of the original, except the name of Matthew Thornton, whicb follows that of Oliver Wolcott." ARTICLES OF CONFEDERATION. 1777.^ To all to whom these Presents shall eome^ we the undersigned Delegates of the States affixed to our Names send greeting. Whereas the Delegates of the United States of America in Congress assembled did on the fifteenth day of November in the Year of our Lord One Thousand Seven Hundred and Seventyseven, and in the Second Year of the Independence of America agree to certain articles of Confederation and perpetual Union between the States of Newhampshire, Mas- 1 Congress Besolved, on the 11th of June, 1776, that a committee should be appointed to prepare and digest the form of a confederation to be entered into between the Colonies ; and on the day following, after it had been de- termined that the committee should consist of a member from each Colony, the following persons were appointed to perform that duty, to wit: Mr. Bartlett, Mr. S. Adams, Mr. Hopkins, Mr. Sherman, Mr. R. R. Livingston, Mr. Dickinson, Mr. M'Kean, Mr. Stone, Mr. Nelson, Mr. Hewes, Mr. E. Rutledge, and Mr. Gwinnett. Upon the report of this committee, the sub- ject was, from time to time, debated, until the 15th of November, 1777, when a copy of the confederation being made out, and sundry amendments made in the diction, without altering the sense, the same was finally agreed to. Congress, at the same time, directed that the articles should be proposed to the legislatures of all the United States, to be considered, and if approved of by them, they were advised to authorize their delegates to ratify the same in the Congress of the United States ; which being done, the same should become conclusive. Three hundred copies of the Articles of Confederation were ordered to be printed for the use of Congress ; and on the 17th of No- vember, the form of a circular letter to accompany them was brought in by a committee appointed to prepare it, and being agreed to, thirteen copies of it were ordered to be made out, to be signed by the president and for- warded to the several States, with copies of the confederation. On the 29th of November ensuing, a committee of three was appointed, to procure a translation of the articles to be made into the French language, and to report 10 ARTICLES OF CONFEDERATION OF sachusetts-bay, Rhodeialand and Providence Plantations, Connecticut, New York, New Jersey, Pennsylvania, Dela- ware, Maryland, Virginia, North-Carolina, South-Carolina and Georgia in the Words following, viz. ^''Articles of Confederation and perpetual Union between the States of Newhampshire^ Massachusetts-hay^ Rhodeisland and Providence Plantations^ Connecticut^ New-Yorh^ New-Jersey^ Pennsylvania^ Delaware, Maryland, Vir- ginia, North- Ca/rolina, South- Carolina and Georgia. Article I. The stile of this confederacy shall be "The United States of America." an address to the inhabitants of Canada, &c. On the 26th of June, 1778, the form of a ratification of the Articles of Confederation was adopted, and, it having been engrossed on parchment, it was signed on the 9th of July on the part and in behalf of their respective States, by the delegates of New Hamp- shire, Massachusetts Bay, Rhode Island and Providence Plantations, Con- necticut, New York, Pennsylvania, Virginia, and South Carolina, agreeably to the powers vested in them. The delegates of North Carolina signed on the 21st of July, those of Georgia on the 24th of July, and those of New Jersey on the 26th of November following. On the 5th of May, 1779, Mr. Dickinson and Mr. Van Dyke signed in behalf of the State of Delaware, Mr. M'Kean having previously signed in February, at which time he produced a power to that effect. Maryland did not ratify until the year 1781. She had instructed her delegates, on the 15th of December, 1778, not to agree to the confederation until matters respecting the western lands should be settled on principles of equity and sound policy ; but, on the 30th of January, 1781, find- ing that the enemies of the country took advantage of the circumstance to disseminate opinions of an ultimate dissolution of the Union, the legislature of the State passed an act to empower their delegates to subscribe and ratify the articles, which was accordingly done by Mr. Hanson and Mr. Carroll, on the 1st of March of that year, which completed the ratification of the act ; and Congress assembled on the 2d of March under the new powers. Note, — The proof of this document, as published above, was read by Mr. Ferdinand Jefferson, the Keeper of the Rolls of the Department of State, at Washington, who compared it with the original in his custody. He says : " The initial letters of many of the words in the original of this instrument are capitals, but as no system appears to have been observed, the same words sometimes beginning with a capital and sometimes with a small letter, I have thought it best not to undertake to follow the original in this particular. Moreover, there are three forms of the letter s : the capital S, the small s, and the long f, the last being used indiscriminately to words that should be- gin with a capital and those that should begin with a small s." THE UNITED STATES OF AMERICA. — 1777. 11 Article II. Each State retains its sovereignty, freedom and independence, and every power, jurisdiction and right, which is not by this confederation expressly delegated to the United States, in Congress assembled. Dred Scott v. Sanford, 19 How., 393 ; Texas v. White, 7 Wall., 725. Article III. The said States hereby severally enter into a firm league of friendship with each other, for their com- mon defence, the security of their liberties, and their mutual and general welfare, binding themselves to assist each other, against all force offered to, or attacks made upon thiem, or any of them, on account of religion, sovereignty, trade, or any other pretence Avhatever. Article IV. The better to secure and perpetuate mutual friendship and intercourse among the people of the different States in this Union, the free inhabitants of each of these States, paupers, vagabonds and fugitives from justice ex- cepted, shall be entitled to all privileges and immunities of free citizens in the several States; and the people of each State shall have free ingress and regress to and from any other State, and shall enjoy therein all the privileges of trade and commerce, subject to the same duties, impositions and restrictions as the inhabitants thereof respectively, pro- vided that such restrictions shall not extend so far as to prevent the removal of property imported into any State, to any other State of which the owner is an inhabitant ; pro- vided also that no imposition, duties or restriction shall be laid by any State, on the property of the United States, or either of them. If any person guilty of, or charged with treason, felony, or other high misdemeanor in any State, shall flee from jus- tice, and be found in any of the United States, he shall upon demand of the Governor or Executive power, of the State from which he fled, be delivered up and removed to the State having jurisdiction of his offence. Full faith and credit shall be given in each of these States 12 ARTICLES OF CONFEDERATION OF to the records, acts and judicial proceedings of the courts and magistrates of every other State. Article V. For the more convenient management of the general interests of the United States, delegates shall be annually appointed in such manner as the legislature of each State shall direct, to meet in Congress on the first Monday in November, in every year, with a power reserved to each State, to recall its delegates, or any of them, at any time within the year, and to send others in their stead, for the remainder of the year. No State shall be represented in Congress by less than two, nor by more than seven members ; and no person shall be capable of being a delegate for more than three years in any term of six years ; nor shall any person, being a dele- gate, be capable of holding any office under the United States, for which he, or another for his benefit receives any salary, fees or emolument of any kind. Each State shall maintain its own delegates in a meeting of the States, and while they act as members of the commit- tee of the States. In determining questions in the United States, in Con- gress assembled, each State shall have one vote. Freedom of speech and debate in Congress shall not be impeached or questioned in any court, or place out of Con- gress, and the members of Congress shall be protected in their persons from arrests and imprisonments, during the time of their going to and from, and attendance on Con- gress, except for treason, felony, or breach of the peace. Article VI.^ No State without the consent of the United States in Co'tigress assembled, shall send any embassy to, or receive any embassy from, or enter into any conferrence, agreement, alliance or treaty with any king prince or state ; nor shall any person holding any office of profit or trust under the United States, or any of them, accept of any pres- ent, emolument, office or title of any kind whatever from any king, prince or foreign state; nor shall the United States in 1 Wharton v. Wise, 153 U. S., 155. THE UNITED STATES OF AMERICA. — 1777. 13 Congress assembled, or any of them, grant any title of no- bility. No two or more States shall enter into any treaty, con- federation or alliance whatever between them, without the. consent of the United States in Congress assembled, speci- fying accurately the purposes for which the same is to be entered into, and how long it shall continue. No State shall lay any imposts or duties, which may inter- fere with any stipulations in treaties, entered into by the United States in Congress assembled, with any king, prince or state, in pursuance of any treaties already proposed by Congress, to the courts of France and Spain. No vessels of war shall be kept up in time of peace by any State, except such number only, as shall be deemed necessary by the United States in Congress assembled, for the defence of such State, or its trade ; nor shall any body of forces be kept up by any State, in time of peace, except such number only, as in the judgment of the United States, in Congress assembled, shall be deemed requisite to garrison the forts necessary for the defence of such State ; but every State shall always keep up a well regulated and disciplined militia, sufficiently armed and accoutered, and shall provide and constantly have ready for use, in public stores, a due number of field pieces and tents, and a proper quantity of arm§, ammunition and camp equipage. No State shall engage in any war without the consent of the United States in Congress assembled, unless such State be actually invaded by enemies, or shall have received cer- tain advice of a resolution being formed by some nation of Indians to invade such State, and the danger is so imminent as not to admit of a delay, till the United States in Congress assembled can be consulted: nor shall any State grant» com- missions to any ships or vessels of war, nor letters of marque or reprisal, except it be after a declaration of war by the United States in Congress assembled, and then only against the kingdom or State and the subjects thereof, against which 14 ARTICLES OF CONFEDERATION OF war has been so declared, and under such regulations as shall be established by the United States in Congress assembled, unless such State be infested by pirates, in which case ves- sels of war may be fitted out for that occasion, and kept so long as the danger shall continue, or until the United States in Congress assembled shall determine otherwise. Article VII. When land-forces are raised by any State for the common defence, all officers of or under the rank of colonel, shall be appointed by the Legislature of each State respectively by whom such forces shall be raised, or in such manner as such State shall direct, and all vacancies shall be filled up by the State which first made the appointment. Article VIII. All charges of war, and all other expenses that shall be incurred for the common defence or general wel- fare, and allowed by the United States in Congress assem- bled, shall be defrayed out of a common treasury, which shall be supplied by the several States, in proportion to the value of all land within each State, granted to or surveyed for any person, as such land and the buildings and improvements thereon shall be estimated according to such mode as the United States in Congress assembled, shall from time to time direct and appoint. The taxes for paying that proportion shall be laid and levied by the authority and direction of the Legislatures of the several States within the time agreed upon by the United States in Congress assembled. Article IX. The United States in Congress assembled, shall have the sole and exclusive right and power of deter- mining on peace and war, except in the cases mentioned in the sixth article — of sending and receiving ambassadors — entering into treaties and alliances, provided that no treaty of commerce shall be made whereby the legislative power of the respective States shall be restrained from imposing such imposts and duties on foreigners, as their own people are subjected to, or from prohibiting the exportation or importa- tion of any species of goods or commodities whatsoever — of THE UNITED STATES OF AMERICA. — 1777. 15 establishing rules for deciding in all cases, what captures on land or water shall be legal, and in what manner prizes taken by land or naval forces in the service of the United States shall be divided or appropriated — of granting letters of marque and reprisal in times of peace — appointing courts for the trial of piracies and felonies committed on the high seas and establishing courts for receiving and determining finally appeals in all cases of captures, provided that no member of Congress shall be appointed a judge of any of the said courts. The United States in Congress assembled shall also be the last resort on appeal in all disputes and differences now subsisting or that hereafter may arise between two or more States concerning boundary, jurisdiction or any other cause whatever ; which authority shall always be exercised in the manner following. Whenever the legislative or executive authority or lawful agent of any State in controversy with another shall present a petition to Congress, stating the matter in question and praying for a hearing, notice thereof shall be given by order of Congress to the legislative or ex- ecutive authority of the other State in controversy, and a day assigned for the appearance of the parties by their lawful agents, who shall then be directed to appoint by joint con- sent, commissioners or judges to constitute a court for hear- ing and determining the matter in question: but if they cannot agree. Congress shall name three persons out of each of the United States, and from the list of such persons each party shall alternately strike out one, the petitioners begin- ning, until the number shall be reduced to thirteen; and from that number not less than seven, nor more than nine names as Congress shall direct, shall in the presence of Con- gress be drawn out by lot, and the persons whose names shall be so drawn or any five of them, shall be commissioners or judges, to hear and finally determine the controversy, so always as a major part of the judges who shall hear the cause shall agree in the determination : and if either party 16 ARTICLES OF CONFEDERATION OF shall neglect to attend at tlie day appointed, without show- ing reasons, which Congress shall judge sufficient, or being present shall refuse to strike, the Congress shall proceed to nominate three persons out of each State, and the Secretary of Congress shall strike in behalf of such party absent or refusing; and the judgment and sentence of the court to be appointed, in the manner before prescribed, shall be final and conclusive ; and if any of the parties shall refuse to submit to the authority of such court, or to appear or defend their claim or cause, the court shall nevertheless proceed to pro- nounce sentence, or judgment, which shall in like manner be final and decisive, the judgment or sentence and other proceedings being in either case transmitted to Congress, and lodged among the acts of Congress for the security of the parties concerned: provided that every commissioner, before he sits in judgment, shall take an oath to be admin- istered by one of the judges of the supreme or superior court of the State where the cause shall be tried, "well and truly to hear and determine the matter in question, according to the best of his judgment, without favour, affection or hope of reward: " provided also that no State shall be deprived of territory for the benefit of the United States. All controversies concerning the private right of soil claimed under different grants of two or more States, whose jurisdiction as they may respect such lands, and the States which passed such grants are adjusted, the said "grants or either of them being at the same time claimed to have origi- nated antecedent to such settlement of jurisdiction, shall on the petition of either party to the Congress of the United States, be finally determined as near as may be in the same manner as is before prescribed for deciding disputes respect- ing territorial jurisdiction between different States. The United States in Congress assembled shall also have the sole and exclusive right and power of regulating the alloy and value of coin struck by their own authority, or by that of the respective States. — fixing the standard of weights THE UNITED STATES OF AMERICA. — 1777. IT and measures throughout the United States. — regulating the trade and managing all affairs with the Indians, not members of any of the States, provided that the legislative right of any State within its own limits be not infringed or violated — establishing and regulating post-offices from one State to another, throughout all the United States, and ex- acting such postage on the papers passing thro' the same as may be requisite to defray the expenses of the said office — appointing all officers of the land forces, in the service of the United States, excepting regimental officers — appoint- ing all the officers of the naval forces, and commissioning all officers whatever in the service of the United States — making rules for the government and regulation of the said land and naval forces, and directing their operations. The United States in Congress assembled shall have authority to appoint a committee, to sit in the recess of Congress, to be denominated "a Committee of the States," and to consist of one delegate from each State ; and to ap- point such other committees and civil officers as may be necessary for managing the general affairs of the United States under their direction — to appoint one of their num- ber to preside, provided that no person be allowed to serve in the office of president more than one year in any term of three years ; to ascertain the necessary sums of money to be raised for the service of the United States, and to appro- priate and apply the same for defraying the public expenses — to borrow money, or emit bills on the credit of the United States, transmitting every half year to the respective States an account of the sums of money so borrowed or emitted, — to build and equip a navy — to agree upon the number of land forces, and to make requisitions from each State for its quota, in proportion to the number of white inhabitants in such State; which requisition shall be binding, and there- upon the Legislature of each State shall appoint the regi- mental officers, raise the men and cloath, arm and equip them in a soldier like manner, at the expense of the United 18 ARTICLES OF CONFEDERATION OF States; and the officers and men so cloathed, armed and equipped shall march to the place appointed, and within the time agreed on by the United States in Congress assembled: but if the United States in Congress assembled shall, on consideration of circumstances judge proper that any State should not raise men, or should raise a smaller number than its quota, and that any other State should raise a greater number of men than the quota thereof, such extra number shall be raised, officered, cloathed, armed and equipped in the same manner as the quota of such State, unless the legislature of such State shall judge that such extra number cannot be safely spared out of the same, in which case they shall raise officer, cloath, arm and equip as many of such extra number as they judge can be safely spared. And the officers and men so cloathed, armed and equipped, shall march to the place appointed, and within the time agreed on by the United States in Congress assembled. The United States in Congress assembled shall never engage in a war, nor grant letters of marque and reprisal in time of peace, nor enter into any treaties or alliances, nor coin money, nor regulate the value thereof, nor ascer- tain the sums and expenses necessary for the defence and welfare of the United States, or any of them, nor .emit bills, nor borrow money on the credit of the United States, nor appropriate money, nor agree upon the number of vessels of war, to be built or purchased, or the number of land or sea forces to be raised, nor appoint a commander in chief of the army or navy, unless nine States assent to the same: nor shall a question on any other point, except for adjourning from day to day be determined, unless by the votes of a majority of the United States in Congress assembled. The Congress of the United States shall have power to adjourn to any time within the year, and to any place within the United States, so that no period of adjournment be for a longer duration than the space of six months, and shall pub- lish the journal of their proceedings monthly, except such THE UNITED STATES OF AMERICA. — 1777. 19 parts thereof relating to treaties, alliances or military opera- tions, as in their judgment require secresy ; and the yeas and nays of the delegates of each State on any question shall be entered on the journal, when it is desired by any delegate; and the delegates of a State, or any of them, at his or their request shall be furnished with a transcript of the said jour- nal, except such parts as are above excepted, to lay before the Legislatures of the several States. Article X. The committee of the States, or any nine of them, shall be authorized to execute, in the recess of Con- gress, such of the powers of Congress as the United States in Congress assembled, by the consent of nine States, shall from time to time think expedient to vest them with ; pro- vided that no power be delegated to the said committee, for the exercise of which, by the articles of confederation, the voice of nine States in the Congress of the United States assembled is requisite. Article XI. Canada acceding to this confederation, and joining in the measures of the United States, shall be ad- mitted into, and entitled to all the advantages of this Union: but no other colony shall be admitted into the same, unless such admission be agreed to by nine States. Article XII. All bills of credit emitted, monies bor- rowed and debts contracted by, or under the authority of Congress, before the assembling of the United States, in pursuance of the present confederation, shall be deemed and considered as a charge against the United States, for pay- ment and satisfaction whereof the said United States, and the public faith are hereby solemnly pledged. Article XIII. Every State shall abide by the determina- tions of the United States in Congress assembled, on all questions "which by this confederation are submitted to them. And the articles of this confederation shall be in- violably observed by every State, and the Union shall be per- petual ; nor shall any alteration at any time hereafter be made in any of them; unless such alteration be agreed to in a Con- 20 ARTICLES OF CONFEDERATION OF gress of the United States, and be afterwards confirmed by the Legislatures of every State. And wliereas it has pleased the Great Governor of the world to incline the hearts of the Legislatures we respec- tively represent in Congress, to approve of, and to authorize us to ratify the said articles of confederation and perpetual union. Know ye that we the undersigned delegates, by virtue of the power and authority to us given for that pur- pose, do by these presents, in the name and in behalf of our respective constituents, fully and entirely ratify and confirm each and every of the said articles of confederation and per- petual union, and all and singular the matters and things therein contained: and we do further solemnly plight and engage the faith of our respective constituents, that they shall abide by the determinations of the United States in Congress assembled, on all questions, which by the said confederation are submitted to them. And that the arti- cles thereof shall be inviolably observed by the States we re[s]pectively represent, and that the Union shall be per- petual. In witness whereof we have hereunto set our hands in Congress. Done at Philadelphia in the State of Penn- S34vania the ninth day of July in the year of our Lord one thousand seven hundred and seventy-eight, and in the third year of the independence of America.* On the part ^ behalf of the State of New Hampshire. JosiAH Bartlett, John Wentworth, Junr., August 8th, 1778. * From the circumstance of delegates from the same State having signed the Articles of Confederation at different times, as appears by the dates, it is probable they aifixed their names as they happened to be present in Con- gress, after they had been authorized by their constituents. THE UNITED STATES OF AMERICA. — 1777. 21 On the part and behalf of the State of Massachusetts Bay. John Hancock, Fkancis Dana, Samuel Adams, James Lovell, Eldbridge Gerry, Samuel Holten. On the part and behalf of the State of Rhode Island and Provi- dence, Plantations. William Ellery, John Collins. Henry Marchant, On the part and behalf of the State of Connecticut. Roger Sherman, Titus Hosmer, Samuel Huntington, Andrew Adams. Oliver Wolcott, On the part and behalf of the State of New York. J AS. DUANE, Wm. DuER, Fra. Lewis, Gouv. Morris. On the part and in behalf of the State of New Jersey^ Novr. 26, 1778. Jno. Witherspoon, Nathl. Scudder. On the part and behalf of the State of Pennsylvania. RoBT. Morris, William Clingan, Daniel Roberdeau, Joseph Reed, 22d July, 1778. JoNA. Bayard Smith, On the part ^ behalf of the State of Delatvare. Tho. M'Kean, Feby. 12, 1779. Nicholas Van Dyke. John Dickinson, May 5th, 1779. On the part and behalf of the State of Maryland. John Hanson, March 1, 1781. Daniel Carroll, Mar. 1, 1781. 22 ARTICLES OF CONFEDERATION. — 1777. On the part and behalf of the State of Virginia. Richard Henry Lee, Jno. Harvie, John Banister, Francis Lightfoot Lee. Thomas Adams, On the part and behalf of the State of No. Carolina. John Penn, July 21st, 1778. Jno. Williams. Corns. Harnett, On the part Sf behalf of the State of South Carolina. Henry Laurens, Richd. Hutson, William Henry Drayton, Thos. Heyward, Junr. Jno. Mathews, On the part ^ behalf of the State of Georgia. Jno. Walton, 24th July, 1778. Edwd. Langworthy. Edwd. Telfair, THE NORTHWEST TERRITORIAL GOV ERNMENT. 1787. [The Confederate Congress, July 13, 1787.] An Ordinance for the government of the territory of the United States northwest of the river Ohio. Section 1. Be it ordained hy the United States in Congress assembled^ That the said territory, for the purpose of tem- porary government, be one district, subject, however, to be divided into two districts, as future circumstances may, in the opinion of Congress, make it expedient. Sec. 2. Be it ordained hy the authority aforesaid^ That the estates both of resident and non-resident proprietors in the said territory, dying intestate, shall descend to, and be dis- tributed among, their children and the descendants of a de- ceased child in equal parts, the descendants of a deceased child or grandchild to take the share of their deceased parent in equal parts among them; and where there shall be no chil- dren or descendants, then in equal parts to the next of kin, in equal degree; and among collaterals, the children of a deceased brother or sister of the intestate shall have, in equal parts among them, their deceased parent's share ; and there shall, in no case, be a distinction between kindred of the whole and half blood ; saving in all cases to the widow of the intestate, her third part of the real estate for life, and one-third part of the personal estate; and this law relative 23 24 THE NORTHWEST TERRITORIAL GOVERNMENT. — 1787. to descents and dower, shall remain in full force until altered by the legislature of the district. And until the governor and judges shall adopt laws as hereinafter mentioned, estates in the said territory may be devised or bequeathed by wills in writing, signed and sealed by him or her in whom the estate may be, (being of full age,) and attested by three wit- nesses ; and real estates may be conveyed by lease and re- lease, or bargain and sale, signed, sealed, and delivered by the person, being of full age, in whom the estate may be, and attested by two witnesses, provided such wills be duly proved, and such conveyances be acknowledged, or the exe- cution thereof duly proved, and be recorded within one year after proper magistrates, courts, and registers, shall be ap- pointed for that purpose; and personal property may be transferred by delivery, saving, however, to the French and Canadian inhabitants, and other settlers of the Kaskaskies, Saint Vincents, and the neighboring villages, who have heretofore professed themselves citizens of Virginia, their laws and customs now in force among them, relative to the descent and conveyance of property. Sec. 3. Be it ordained hy the authority aforesaid^ That there shall be appointed, from time to time, by Congress, a governor, whose commission shall continue in force for the term of three years, unless sooner revoked by Congress ; he shall reside in the district, and have a freehold estate therein, in one thousand acres of land, while in the exer- cise of his ofhce. Sec. 4. There shall be appointed from time to time, by Congress, a secretary, whose commission shall continue in force for four years, unless sooner revoked; he shall reside in the district and have a freehold estate therein, in five hundred acres of land, while in the exercise of his office. It shall be his duty to keep and preserve the acts aiid laws passed by the legislature, and the public records of the dis- trict, and the proceedings of the governor in his executive department, and transmit authentic copies of such acts and THE NORTHWEST TERRITORIAL GOVERNMENT. — 1787. 25 proceedings every six months to the Secretary of Congress. There shall also be appointed a court, to consist of three judges, any two of whom to form a court, who shall have a common-law jurisdiction, and reside in the district, and have each therein a freehold estate, in five hundred acres^ of land, while in the exercise of their offices ; and their com- missions shall continue in force during good behavior. Sec. 5. The governor and judges, or a majority of them, shall adopt and publish in the district such laws of the orig- inal States, criminal and civil, as may be necessary, and best suited to the circumstances of the district, and report them to Congress from time to time, which laws shall be in force in the district until the organization of the general assembly therein, unless disapproved of by Congress; but afterwards the legislature shall have authority to alter them as they shall think fit. Sec. 6. The governor, for the time being, shall be com- mander-in-chief of the militia, appoint and commission all officers in the same below the rank of general officers; all general officers shall be appointed and commissioned by Congress. Sec. 7. Previous to the organization of the general assem- bly the governor shall appoint such magistrates, and other civil officers, in each county or township, as he shall find necessary for the preservation of the peace and good order in the same. After the general assembly shall be organized the powers and duties of magistrates and other civil officers shall be regulated and defined by the said assembly; but all magistrates and other civil officers, not herein otherwise directed, shall, during the continuance of this temporary government, be appointed by the governor. Sec, 8. For the prevention of crimes and injuries, the laws to be adopted or made shall have force in all parts of the district, and for the execution of process, criminal and civil, the governor shall make proper divisions thereof; and he shall proceed, from time to time, as circumstances may 26 THE NORTHWEST TERRITORIAL GOVERNMENT. — 1787. require, to lay out the parts of the district in which tlje Indian titles shall have been extinguished, into counties and townships, subject, however, to such alterations as may thereafter be made by the legislature. Sec. 9. So soon as there shall be five thousand free male inhabitants, of full age, in the district, upon giving proof thereof to the governor, they shall receive authority, with time and place, to elect representatives from their counties or townships, to represent them in the general assembly: Provided^ That for every five hundred free male inhabitants there shall be one representative, and so on, progressively, with the number of free male inhabitants, shall the right of representation increase, until the number of representatives shall amount to twenty-five; after which the number and proportion of representatives shall be regulated by the legis- lature : Provided^ That no person be eligible or qualified to act as a representative, unless he shall have been a citizen of one of the United States three years, and be a resident in the district, or unless he shall have resided in the district three years; and, in either case, shall likewise hold in his own right, in fee-simple, two hundred acres of land Avithin the same: Provided also, That a freehold in fifty acres of land in the district, having been a citizen of one of the States, and being resident in the district, or the like free- hold and two years' residence in the district, shall be neces- sary to qualify a man as an elector of a representative. Sec. 10. The representatives thus elected shall serve for the term of two years; and in case of the death of a repre- sentative, or removal from office, the governor shall issue a writ to the county or township, for which he was a member, to elect another in his stead, to serve for the residue of the term. Sec. 11. The general assembly, or legislature, shall consist of the governor, legislative council, and a house of repre- sentatives. The legislative council shall consist of five members, to continue in office five years, unless sooner THE NORTHWEST TERRITORIAL GOVERNMENT. — 1787. 27 removed by Congress ; any three of whom to be a quorum ; and the mermbers of the council shall be nominated and appointed in the following manner, to wit : As soon as rep- resentatives shall be elected the governor shall appoint {w time and place for them to meet together, and when met they shall nominate ten persons, resident in the district, and each possessed of a freehold in five hundred acres of land, and return their names to Congress, five of whom Con- gress shall appoint and commissipn to serve aforesaid; and whenever a vacancy shall happen in the council, by death or removal from office, the house of representatives shall nominate two persons, qualified as aforesaid, for each va- cancy, and return their names to Congress, one of whom Congress shall appoint and commission for the residue of the term ; and every five years, four months at least before the expiration of the time of service of the members of the council, the said house shall nominate ten persons, qualified as aforesaid, and return their names to Congress, five of whom Congress shall appoint and commission to serve as members of the council five years, unless sooner removed. And the governor, legislative council, and the house of rep- resentatives shall have authority to make laws in all cases for the good government of the district, not repugnant to the principles and articles in this ordinance established and declared. And all bills, having passed by a majority in the house, and by a majority in the council, shall be referred to the governor for his assent; but no bill, or legislative act whatever, shall be of any force without his assent. The governor shall have power to convene, prorogue, and dis- solve the general assembly when, in his opinion, it shall be expedient. Sec. 12. The governor, judges, legislative council, secre- tary, and such other officers as Congress shall appoint in the district, shall take an oath or affirmation of fidelity, and of office; the governor before the President of Congress, and all other officers before the governor. As soon as a legis- 28 THE NORTHWEST TERRITORIAL GOVERNMENT. — 1787. lature shall be formed in the district, the council and house assembled, in one room, shall have authority, by 'joint ballot, to elect a delegate to Congress, who shall have a seat in Congress, with a right of debating, but not of voting, during this temporary government. Sec. 13. And for extending the fundamental principles of civil and religious liberty, which form the basis whereon these republics, their laws and constitutions, are erected; to fix and establis^h those principles as the basis of all laws, constitutions, and governments, which forever hereafter shall be formed in the said territory; to provide, also, for the establishment of States, and permanent government therein, and for their admission to a share in the Federal councils on an equal footing with the original States, at as early periods as may be consistent with the general interest : Sec. 14. It is hereby ordained and declared, by the authority aforesaid, that the following articles shall be considered as articles of compact, between the original States and the people and States in the said territory, and forever remain unalterable, unless by common consent, to wit: ARTICLE I. No person, demeaning himself in a peaceable and orderly manner, shall ever be molested on account of his mode of worship, or religious sentiments, in the said territories. ARTICLE II. The inhabitants of the said territory shall always be entitled to the benefits of the writs of habeas corpus^ and of the trial by jury ; of a proportionate representation of the people in the legislature, and of judicial proceedings accord- ing to the course of the common law. All persons shall be bailable, unless for capital offences, where the proof shall be evident, or the presumption great. All fines shall be THE NORTHWEST TERRITOKIAL GOVERNMENT. — 1787. 29 moderate; and no cruel or unusual punishments shall be inflicted. No man shall be deprived of his liberty or prop- erty, but by the judgment of his peers, or the law of the land, and should the public exigencies make it necessary, for the common preservation, to take any person's property, or to demand his particular services, full compensation shall be made for the same. And, in the just preservation of rights and property, it is understood and declared, that no law ought ever to be made or have force in the said terri- tory, that shall, in any manner whatever, interfere with or affect private contracts, or engagements, bona fide, and with- out fraud previously formed. ARTICLE III. Religion, morality, and knowledge being necessary to good government and the happiness of mankind, schools and the means of education shall forever be encouraged. The ut- most good faith shall always be observed towards the In- dians; their lands and property shall never be taken from them without their consent; and in their property, rights, and liberty they never shall be invaded or disturbed, unless in just and lawful wars authorized by Congress; but laws founded in justice and humanity shall, from time to time, be made, for preventing wrongs being done to them, and for preserving peace and friendship with them. ARTICLE IV. The said territory, and the States which may be formed therein, shall forever remain a part of this confederacy of the United States of America, subject to the Articles of Confed- eration, and to such alterations therein as shall be constitu- tionally made; and to all the acts and ordinances of the United States in Congress assembled, conformable thereto. The inhabitants and settlers in the said territory shall be subject to pay a part of the Federal debts, contracted, or 30 THE NORTHWEST TERRITORIAL GOVERNMENT. — 1787. to be contracted, and a proportional part of the expenses of government to be apportioned on them by Congress, according to the same common rule and measure by which apportionments thereof shall be made on the other States; and the taxes for paying their proportion shall be laid and levied by the authority and direction of the legislatures of the district, or districts, or new States, as in the original States, within the time agreed upon by the United States in Congress assembled. The legislatures of those districts, or new States, shall never interfere with the primary disposal of the soil by the United States in Congress assembled, nor with any regulations Congress may find necessary for secur- ing the title in such soil to the hona-fide purchasers. No tax shall be imposed on lands the property of the United States; and in no case shall non-resident proprietors be taxed higher than residents. The navigable waters lead- ing into the Mississippi and Saint Lawrence, and the carry- ing places between the same, shall be common highways, and forever free, as well to the inhabitants of the said terri- tory as to the citizens of the United States, and those of any other States that may be admitted into the confederacy, with- out any tax, impost, or duty therefor. Huse V. Glover, 119 U. S., 543. ARTICLE V. There shall be formed in the said territory not less than three nor more than five States ; and the boundaries of the States, as soon as Virginia shall alter her act of cession and consent to the same, shall become fixed and established as follows, to wit: The western State, in the said territory, shall be bounded by the Mississippi, the Ohio, and the Wabash Rivers; a direct line drawn from the Wabash and Post Vincents, due north, to the territorial line between the United States and Canada ; and by the said territorial line to the Lake of the Woods and Mississippi. The middle THE NORTHWEST TERRITORIAL GOVERNMENT. — 1787. 31 State shall be bounded by the said direct line, the Wabash from Post Vincents to the Ohio, by the Ohio, by a direct line drawn due north from the mouth of the Great Miami to the said territorial line, and by the said territorial line. The eastern State shall be bounded by the last-mentioned direct line, the Ohio, Pennsylvania, and the said territorial line: Provided^ however^ And it is further understood and declared, that the boundaries of these three States shall be subject so far to be altered, that, if Congress shall hereafter find it expedient, they shall have authority to form one or two States in that part of the said territory which lies north of an east and west line drawn through the southerly bend or extreme of Lake Michigan. And whenever any of the said States shall have sixty thousand free inhabitants therein, such State shall be admitted, by its delegates, into the Con- gress of the United States, on an equal footing with the original States, in all respects whatever; and shall be at liberty to form a permanent constitution and State govern- ment: Provided^ The constitution and government, so to be formed, shall be republican, and in conformity to the prin- ciples contained in these articles, and, so far as it can be consistent with the general interest of the confederacy, such admission shall be allowed at an earlier period, and when there may be a less number of free inhabitants in the State than sixty thousand. ARTICLE VI. There shall be neither slavery nor involuntary servitude in the said territory, otherwise than in the punishment of crimes, whereof the party shall have been duly convicted: Provided always^ That any person escaping into the same, from whom labor or service is lawfully claimed in any one of the original States, such fugitive may be lawfully re- claimed, and conveyed to the person claiming his or her labor or service as aforesaid. 32 THE NORTHWEST TERRITORIAL GOVERNMENT. 1787. Be it 07'dained hy the authority aforesaid^ That the resolu- tions of the 23d of April, 1784, relative to the subject of this ordinance, be, and the same 'are hereby, repealed, and declared null and void. Done by the United States, in Congress assembled, the 13th day of July, in the year of our Lord 1787, and of their sovereignty and independence the twelfth. Wallace v. Parker, 6 Pet., 680; Pollard's Lessee v. Hogan, 3 How., 212; Jones v. Van Zandt, 5 How., 215; Strader et al. v. Graham, 10 How., 82 ; Pennsylvania v. Wheeling Bridge Company, 18 How., 421 ; Bates V. Brown, 5 Wall., 710 ; Messenger v. Mason, 10 Wall., 507 ; Clin- ton et al. V. Englebrecht, 13 Wall., 434 ; Langdean v. Hanes, 21 Wall., 521 ; Morton v. Nebraska, 21 Wall., 660. CONSTITUTION OF THE UNITED STATES. 1787.* We THE People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America. Chisholm v. Georgia, 2 DalL, 419 ; McCuUoch v. State of Maryland, 4 Wh., 316 ; Brown v. Maryland, 12 Wh., 419 ; Barron v. The Mayor and City Council of Baltimore, 7 Pet., 243 ; Lane County v. Oregon, 7 Wall., 71 ; Texas v. White et al., 7 Wall., 700 ; Van Bracklin v. Ten- nessee, 117 U. S., 151 ; Chinese Exclusion Case, 130 U. S., 581. * In May, 1785, a committee of Congress made a report recommending an alteration in the Articles of Confederation, but no action was taken on it, and it was left to the State Legislatures to proceed in the matter. In Jan- uary, 1786, the Legislature of Virginia passed a resolution providing for the appointment of five commissioners, who, or any three of them, should meet such commissioners as might be appointed in the other States of the Union, at a time and place to be agreed upon, to take into consideration the trade of the United States ; to consider how far a uniform system in their com- mercial regulations may be necessary to their common interest and their permanent harmony ; and to report to the several States such an act, rela- tive to this great object, as, when ratified by them, will enable the United States in Congress effectually to provide for the same. The Virginia com- missioners, after some correspondence, fixed the first Monday in September as the time, and the city of Annapolis as the place for the meeting, but only four other States were represented, viz.: Delaware, New York, New Jersey, and Pennsylvania ; the commissioners appointed by Massachusetts, New Hampshire, North Carolina, and Rhode Island failed to attend. Under the circumstances of so partial a representation, the commissioners present agreed upon a report, (drawn by Mr. Hamilton, of New York,) expressing their unanimous conviction that it might essentially tend to advance the 33 34 CONSTITUTION OF THE UNITED STATES. — 1787. ARTICLE I. Section. 1. All legislative Powers herein granted shall he vested in a Congress of the United States, which shall consist of a Senate and House of Representatives. Hayburn's Case (notes), 2 Dall., 409; United States v. Texas, 143 U. S., 621 ; Field v. Clark, 143 U. S., 649 ; Fong Yue Ting v. The United States, 149 U.S., 698. interests of the Union if the States by which they were respectively dele- gated would concur, and use their endeavors to procure the concurrence of the other States, in the appointment of commissioners to meet at Philadel- phia on the second Monday of May following, to take into consideration the situation of the United States ; to devise such further provisions as should appear to them necessary to render the Constitution of the Federal Govern- ment adequate to the exigencies of the Union ; and to report such an act for that purpose to the United States in Congress assembled as, when agreed to by them and afterwards confirmed by the Legislatures of every State, would effectually provide for the same. Congress, on the 21st of February, 1787-> adopted a resolution in favor of a convention, and the Legislatures of those States which had not already done so (with the exception of Rhode Island) promptly appointed delegates. On the 25th of May, seven States having convened, George Washington, of Virginia, was unanimously elected President, and the consideration of the proposed constitution was commenced. On the 17th of September, 1787, the Constitution as engrossed and agreed upon was signed by all the members present, except Mr. Gerry, of Massachusetts, and Messrs. Mason and Randolph of Virginia. The president of the convention transmitted it to Congress, with a resolution stating how the proposed Federal Government should be put in operation, and an explanatory letter. Congress, on the 28th of September, 1787, directed the Constitution so framed, with the resolutions, and letter con- cerning the same, to "be transmitted to the several Legislatures in order to be submitted to a convention of delegates chosen in each State by the people thereof, in conformity to the resolves of the convention." On the 4th of March, 1789, the day which had been fixed for commencing the operations of Government under the new Constitution, it had been rati- fied by the conventions chosen in each State to consider it, as follows : Dela- ware, 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 23, 1788 ; New Hampshire, June 21, 1788 ; Virginia, June 26, 1788 ; and New York, July 26, 1788. The President informed Congress, on the 28th of January, 1790, that CONSTITUTION OF THE UNITED STATES. — 1787. 35 Section. 2. ^ The House of Representatives shall be com- posed of Members chosen every second Year by the People of the several States, and the Electors in each State shall have the Qualifications requisite for Electors of the most- numerous Branch of the State Legislature. 2 No Person shall be a Representative who shall not have attained to the Age of twenty-five Years, and been seven Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State in which he shall be chosen. ^ * [Representatives and direct Taxes shall be apportioned among the several States which may be included within this Union, according to their respective Numbers, which shall be determined by adding to the whole Number of free Per- sons, including those bound to Service for a Term of Years, and excluding Indians not taxed, three fifths of all other Persons.] The actual Enumeration shall be made within three Years after the first Meeting of the Congress of the United States, and within every subsequent Term of ten Years, in such Manner as they shall by Law direct. The Number of Representatives shall not exceed one for every thirty Thousand, but each State shall have at Least one Representative ; and until such enumeration shall be made, the State of New Hampshire shall be entitled to chuse three, Massachusetts eight, Rhode-Island and Providence Planta- tions one, Connecticut five. New- York six. New Jersey four, Pennsylvania eight, Delaware one, Maryland six, Virginia ten, North Carolina five. South Carolina five, and Georgia three. Veazie Bank v. Fenno, 8 Wall., 533 ; Scholey v. Eew, 23 Wall., 331. South Carolina had ratified the Constitution November 21, 1789 ; and he in- formed Congress on the 1st of June, 1790, that Rhode Island had ratified the Constitution May 29, 1789. Vermont, in convention, ratified the Con- stitution January 10, 1789, and was, by an act of Congress approved Febru- ary 19, 1791, "received and admitted into this Union as a new and entire member of the United States." * The clause included in brackets is amended by the 14th amendment, 2d section. 36 CONSTITUTION OF THE UNITED STATES. — 1787. * When vacancies happen in the Representation from any State, the Executive Authority thereof shall issue Writs of Election to fill such Vacancies. ^ The House of Representatives shall chuse their Speaker and other Officers ; and shall have the sole Power of Impeach- ment. Section. 3. i The Senate of the United States shall be composed of two Senators from each State, chosen by the Legislature thereof, for six Years; and each Senator shall have one Vote. 2 Immediately after they shall be assembled in Conse- quence of the first Election, they shall be divided as equally as may be into three Classes. The Seats of the Senators of the first Class shall be vacated at the -Expira- tion of the second year, of the second Class at the Ex- piration 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 Legis- lature of any State, the Executive thereof may make tempo- rary Appointments until the next Meeting of the Legislature, which shall then fill such Vacancies. ^ No Person shall be a Senator who shall not have attained to the Age of thirty Years, and been nine Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State for which he shall be chosen. ^ The Vice President of the United States shall be Presi- dent 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 Impeach- ments. When sitting for that Purpose, they shall be on Oath or Affirmation. When the President of the United CONSTITUTION OF THE UNITED STATES. — 1787. 37 States is tried, the Chief Justice shall preside : And no Per- son shall be convicted without the Concurrence of two i-hirds 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 neverthe- less be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law. Section. 4. ^ The Times, Places and Manner of holding Elections for Senators and Representatives, shall be pre- scribed in each State by the Legislature thereof; but the Congress may at any time by Law make or alter such Regu- lations, except as to the Places of chusing Senators. Ex parte Siebold, 100 U. S., 371 ; Ex parte Clarke, 100 U. S., 399; Ex parte Yarborough, 110 U. S., 651. 2 The Congress shall assemble at least once in every Year, and such Meeting shall be on the first Monday in December, unless they shall by Law appoint a different Day. Section. 5. ^ Each House shall be the Judge of the Elec- tions, Returns and Qualifications of its own Members, and a Majority of each shall constitute a Quorum to do Business ; but a smaller Number may adjourn from day to day, and may be authorized to compel the Attendance of absent Members, in such Manner, and under such Penalties as each House may provide. In re Coy, 127 U. S., 731 ; United States v. Ballin, 144 U. S., 1. 2 Each House may determine the Rules of its Proceedings, punish its Members for disorderly Behavior, and, w^ith the Concurrence of two thirds, expel a Member. Kilbourn v. Thompson, 103 U. S., 168 ; Anderson v. Dunn, 6 Wh., 204 ; United States v. Ballin, 144 U. S., 1. ^ 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 38 CONSTITUTION OF THE UNITED STATES. — 1787. 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 re- ceive a Compensation for their Services, to be ascertained by Law, and paid out of the Treasury of the United States. They shall in all Cases, except Treason, Felony and Breach of the Peace, be privileged from Arrest during their Attend- ance at the Session of their respective Houses, and in going to and returning from the same ; and for any Speech or De- bate in either House, they shall not be questioned in any other Place. Coxe V. M'Clenachan, 3 Dall., 478; Kilbourn v. Thompson, 103 U. S., 168. 2 No Senator or Representative shall, during the Time for which he was elected, be appointed to any civil Office under the Authority of the United States, which shall have been created, or the Emoluments whereof shall have been en- creased 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 originate in the House of Representatives ; but the Senate may propose or concur with Amendments as on other Bills. 2 Every Bill which shall have passed the House of Repre- sentatives and the Senate, shall, before it become a Law, be presented to the President of the United States ; If he ap- prove 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 CONSTITUTION OF THE UNITED STATES. 1787. 39 sent, together with the Objections, to the other House, by which it shall likewise be reconsidered, and if approved by two thirds of that House, it shall become a Law. But in all such Cases the Votes of both Houses shall be deteiL- mined by Yeas and Nays, and the Names of the Persons voting for and against the Bill shall be entered on the Jour- nal of each House respectively. If any Bill shall not be returned by the President within ten Days (Sundays ex- cepted) after it shall have been presented to him, the Same shall be a Law, in like Manner as if he had signed it, unless the Congress by their Adjournment prevent its Keturn, in which Case it shall not be a Law. ""^^ 3 Every Order, Resolution, or Vote to which the Concur- ^/^ rence 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. i The Congress shall have Power To lay and I collect Taxes, Duties, Imposts and Excises, to pay the Debts I and provide for the common Defence and general Welfare of the United States ; but all Duties, Imposts 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 ; Longboro' v. Blake, 5 Wh., 317 ; Osborn v. United States Banli, 9 Wii., 738 ; Weston et al. v. City Council of Cliarlestown, 2 Pet., 449; Dobbins v. Tlie Commissioners of Erie County, 16 Pet., 435 ; License Cases, 5 How. , 504 ; Cooley -y. Board of Wardens of Port of Pliiladelpliia 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 ; Penear xi. The Commonwealth, 5 Wall., 475; Pa. Lis. Co. v. Soule, 7 Wall., 433; Woodruff v. Parham, 8 Wall., 123; Hinson v. Lott, 8 Wall., 148; Veazie Bank v. Fenno, 8 Wall., 533 ; Nat. Bank v. Commonwealth, 9 Wall., 353 ; The Collector V. Day, 11 Wall., 113; United States v. Singer, 15 Wall., Ill; State 40 CONSTITUTION OF THE UNITED STATES. — 1787. tax on foreign-held bonds, 15 Wall., 300; United States v. Railroad Company, 17 Wall., 322 ; Railroad Company v. Feniston, 18 Wall., 5; Scholey v. Rew, 23 Wall., 331 ; Cook v. Penn, 97 U. S., 566 ; Springer V. The United States, 102 U. S., 580 ; J^x parte Curtis, 106 U. S., 371. 2 To borrow Money on the credit of the United States ; McCuUoch V. The State of Maryland, 4 Wh., 316 ; Weston et al. v. The City Council of Charlestown, 2 Pet., 449 ; Bank of Commerce v. New York City, 2 Black, 620; Bank Tax Cases, 2 Wall., 200; Van Allen V. The Assessors, 3 Wall., 573 ; 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 ; Canal and Banking Company v. New Orleans, 99 U. S. 97 ; Legal Tender Case, 110 U. S., 421. ^ To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes ; Gibbons v. Ogden, 9 Wh., 1 ; Brown et al. v. State of Maryland, 12 Wh., 419; Wilson et al. v. Black Bird Creek Marsh Company, 2 Pet., 245 ; Worcester v. The State of Georgia, 6 Pet., 515 ; City of New York V. Miln, 11 Pet., 102 ; United States v. Coombs, 12 Pet., 72 ; Holmes v. Jennison et al., 14 Pet., 540 ; License Cases, 5 How., 604 ; Passenger Cases, 7 How., 283; Nathan v. Louisiana, 8 How., 73; Mager v. Grima et al., 8 How., 490 ; United States v. Marigold, 9 How., 660 ; Cowley v. Board of Wardens of Port of Philadelphia, 12 How., 299 ; The Pro- peller Genesee Chief et al. v. Fitzhugh et al., 12 How., 443; State of Pennsylvania v. The Wheeling Bridge Company, 13 How., 518 ; Veazie et al. V. Moor, 14 How., 568 ; Smith v. State of Maryland, 18 How., 71 ; State of Pennsylvania v. The Wheeling and Belmont Bridge Company et al., 18 How., 421 ; Sinnitt v. Davenport, 22 How., 227 ; Foster et al. V. Davenport et al., 22 How., 244; Conway et al. v. Taylor's ex., 1 Black, 603 ; United States v. Holliday, 3 Wall., 407 ; Gilman v. Phila- delphia, 3 Wall., 713; The Passaic Bridges, 3 Wall., 782; Steamship Company v. Port Wardens, 6 Wall., 31 ; Crandall v. State of Nevada, 6 Wall., 36 ; White's Bank v. Smith, 7 Wall., 646 ; Waring v. The Mayor, 8 Wall., 110 ; Woodruff v. Parham, 8 Wall., 123 ; Paul v. Virginia, 8 Wall., 168 ; Thomson v. Pacific Railroad, 9 Wall., 579 ; Downham et al. V. Alexandria Council, 10 Wall., 173 ; The Clinton Bridge, 10 Wall., 454 ; The Daniel Ball, 10 Wall., 557 ; Liverpool Insurance Company v. Massachusetts, 10 Wall., 566; The Montello, 11 Wall., 411 ; Ex parte McNeil, 13 Wall, 236 ; State freight-tax, 15 Wall, 232 ; State tax on railway gross receipts, 15 AVall, 284; Osborn v. Mobile, 16 Wall, 479; Railroad Company v. Fuller, 17 Wall, 560 ; Bartemeyer v. Iowa, 18 Wall, 129 ; The Delaware railroad tax, 18 Wall, 206 ; Peete v. Morgan, 19 Wall, 581 ; Railroad Company v. Richmond, 19 Wall, 584 ; Railroad CONSTITUTION OF THE UNITED STATES. 1787. 41 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 Luugv. Freeman et al., 92 U. S., 275 ; South Carolina v. Georgia et al., 93 U. S., 4 ; Sherlock et al v. Ailing, adm., 93 U. S., 99 ; United States v. Forty- three Gallons of Whisky, etc., 93 U. S., 188 ; Munn v. Illinois, 94 U. S., 113; Foster v. Master and Wardens of the Port of New Orleans, 94 U. S., 246 ; Packet Company v. Keokuk, 95 U. S., 80 ; Pound v. Turck, 95 U. S., 459 ; Railroad Company v. Husen, 95 U. S., 465 ; Hall v. DeCuir, 95 U. S., 485 ; Pensacola Telegraph Company v. Western Union Telegraph Company, 96 U. S., 1 ; Cook v. Pennsylvania, 97 U. S., 566 ; Fertilizing Company V. Hyde Park, 97 U. S., 659; Packet Company v. St. Louis, 100 U.S., 423 ; Vicksburg v. Tobin, 100 U. S., 430 ; Guy v. Baltimore, 100 U. S., 434 ; Machine Company v. Gage, 100 U. S., 676 ; Tiernan v. Rinker, 102 U.S., 123; Railway Company v. Renwick, 102 U.S., 180; Lord v. Steamship Company, 102 U. S., 541 ; Wilson v. McNamee, 102 U. S., 572 ; Telegraph Company v. Texas, 105 U. S., 460 ; Packet Company v. Catletts- burg, 105 U. S., 559 ; People v. Compagnie G6n6rale Transatlantique, 107 U. S., 59 ; Civil Rights Cases, 109 U. S., 3 ; Milles v. Mayor of New York, 109 U.S., 385; Ex parte Crow Dog, 109 U. S., 556; Moran v. New Orleans, 112 U. S., 69 ; Head Money Cases, 112 U. S., 580 ; Card- well V. American Bridge Company, 113 U. S., 205 ; Cooper Manufactur- ing Company v. Ferguson, 113 U. S., 727 ; Gloucester Ferry Company v. Pennsylvania, 114 U. S., 196 ; Brown v. Houston, 114 U. S., 622 ; Starin V. New York, 115 U. S., 248 ; Stone v. Illinois Central Railroad Com- pany, 116 U. S., 347 ; Stone v. New Orleans and Northeastern Railroad Company, 116 U. S., 352 ; Walling v. Michigan, 116 U. S, 446 ; Coe v. Errol, 116 U.S., 517 ; Pickard v. Pullman Southern Car Company, 117 U. S., 34 ; Tennessee v. Pullman Southern Car Company, 117 U. S., 51 ; Turpin v. Burgess, 117 U.S., 504; Sprague v. Thompson, 118 U. S., 90 ; Morgan v. Louisiana, 118 U.S., 455; Wabash, St. Louis, and Pacific Railway v. Illinois, 118 U. S., 557 ; Huse v. Glover, 119 U. S., 543 ; United States V. Aryona, 120 U. S., 479 ; Robbins v. Shelby County Taxing District, 120 U. S., 489 ; Corson v. Maryland, 120 U. S., 502 ; Fargo v. Michigan, 121 U.S., 230; Philadelphia and Southern Steamship Com- pany V. Pennsylvania, 122 U.S., 326; Western Union Telegraph Com- pany V. Pendleton, 122 U. S., 347; Mugler v. Kansas, 123 U.S., 623; Smith V. Alabama, 124 U. S., 465 ; Willamette Iron Bridge Company v. Hatch, 125 U.S., 1; Pembina Mining Company v. Pennsylvania, 125 U.S., 181 ; Bowmau'-y. Chicago and Northwestern Railway Company, 125 U. S., 465 ; California v. Central Pacific Railway Company, 127 U. S., 1 ; Ratterman v. Western Union Telegraph Company, 127 U. S., 411 ; LeLoup V. Port of Mobile, 127 U. S., 640 ; Kidd i^. Pearson, 128 U. S., 1 ; Asher v. Texas, 128 U. S., 129 ; Kimmish v. Ball, 129 U. S., 217 ; Leidy V. Hardin, 135 U. S., 100 ; Minnesota v. Barber, 136 U. S., 314 ; Brimmer V. Rebman, 138 U. S., 78 ; Leeper v. Texas, 139 U. S., 462 ; In re Rahner, 42 CONSTITUTION OF THE UNITED STATES. — 1787. Petitioner, 140 U. S., 545; Pullman's Palace Car Company v. Pennsylvania, 141 U. S., 13 ; Crutcher v. Kentucky, 141 U. S., 47 ; Budd v. New York, 143 U. S., 517 ; Voights v. Wright, 148 U. S., 62 ; Harmon v. Chicago, 141 U. S., 396 ; Harmon v. Chicago, 147 U. S., 396 ; Brennan v. Titusville, 153 U. S., 289; Brass v. Stoeser, 153 U. S., 391 ; Ashley v. Kyan, 153 U. S., 436; Luxton V. North River Bridge Company, 1 53 U. S. , 525 ; Postal Telegraph Company v. Charleston, 153 U. S., 692 ; Covington and Cincinnati Bridge Company v. Kentucky, 154 U. S. , 204. * To establish an uniform Rule of Naturalization,^ and uniform Laws on the subject of Bankruptcies throughout the United States ;2 2 Sturges V. Crowninshield, 4 Wh., 122 ; 2 McMillan v. McNeil, 4 Wh., 209; 2 Farmers and Mechanics' Bank, Pennsylvania, v. Smith, 6 Wh., 131 ; 2 0gden V. Saunders, 12 Wh., 213; 2 Boyle v. Zacharie and Turner, 6 Pet., 348; 1 Gassies v. Ballon, 6 Pet., 761 ; 2 Beers et al. v. Haughton, 9 Pet. 329 ; 2 Suydam et al. v. Broadnax, 14 Pet., 67 ; 2 Cook V. Moffat et al., 5 How., 295; 1 Dred Scott v. Sanford, 19 How., 393; 1 Chay Yung v. Freeman, 92 U. S., 275 ; 1 Chew Heong v. The United States, 112 U. S., 536; 1 Yick Wo v. Hopkins, 118 U. S., 356; 1 United States V. Yung Ah Lung, 124 U. S., 624; 1 Chae Chan Ping v. The United States, 130 U. S., 581 ; 1 Nishimura Ekin v. United States, 142 U. S., 651; iPong Yue Ting v. United States, 149 U. S., 698; iLee v. The United States, 150 U. S., 476. ^ 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, 11 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 V. The State of Ohio, 5 How., 410 ; United States v. Marigold, 9 How., 560. 7 To establish Post Offices and post Roads ; State of Pennsylvania v. The Wheeling and Belmont Bridge Com- pany, 18 How., 421. ^ To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the ex- clusive Right to their respective Writings and Discoveries ; Grant et al. v. Raymond, 6 Pet., 218 ; Wheaton et als. v. Peters et als'., 8 Pet., 591. 9 To constitute Tribunals inferior to the supreme Court ; ^0 To define and punish Piracies and Felonies committed on the high Seas, and Offences against the Law of Nations ; CONSTITUTION OF THE UNITED STATES. — 1787. 43 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. ^1 To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water; Brown v. United States, 8 Cr., 110 ; American Insurance Company etal. V. Canter (356 bales cotton), 1 Pet., 511 ; Mrs. Alexander's cotton, 2 Wall., 404 ; Miller v. United States, 11 Wall., 268 ; Tyler v. Defrees, 11 Wall., 331 ; Stewart v. Kahn, 11 Wall., 493 ; Hamilton v. Dillin, 21 Wall., 73 ; Laman, ex., v. Browne et al., 92 U. S., 187. 12 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. , 35. 12 To provide and maintain a Navy ; United States v. Bevans, 3 Wh., 336 ; Dynes v. Hooper, 20 How., 65. 14 To make Rules for the Government and Regulation of the land and naval Forces ; 1^ To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Inva- sions ; Houston V. Moore, 5 Wh., 1 ; Martin v. Mott, 12 Wh., 19; Luther V. Borden, 7 How., 1 ; .Crandall v. State of Nevada, 6 Wall., 35 ; Texas V. White, 7 Wall., 700. 1^ To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be em- ployed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress ; Houston V. Moore, 5 Wh., 1 ; Martin v. Mott, 12 Wh., 19 ; Luther v. Borden, 7 How., 1. 1^ To exercise exclusive Legislation in all Cases whatso- ever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the Acceptance of Congress, become the Seat of the Government of the United States, and to exercise like Authority over all Places pur- 44 CONSTITUTION OF THE UNITED STATES. — 1787. chased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Maga- zines, Arsenals, dock- Yards, and other needful Buildings ; — 'And Hepburn et al. v. Ellzey, 2 Cr., 445; Longhboro' v. Blake, 5 Wh., 317 ; Cohens v. Virginia, 6 Wh., 264 ; American Insurance Company v. Canter (356 bales cotton), 1 Pet., 511 ; Kendall, Postmaster-General, v. The United States, 12 Pet., 524 ; United States v. Dewitt, 9 Wall., 41 ; Dumphy 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 ; Fort Leavenworth Railroad Company v. Howe, 114 U. S., 525 ; Gibbons v. District of Columbia, 116 U. S., 404; Stoutenburg v. Hen- rich, 129 U. S., 141 ; Bonson v. United States, 146 U. S., 325 ; Shoemaker V. The United States, 147 U. S., 282. 1^ 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 Govern- ment 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., 1 ; 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 v. Davis, 12 Wall., 457; Railroad Company v. Johnson, 15 Wall., 195; Railroad Company v. Peniston, 18 Wall., 5 ; Ex parte Curtis, 106 U. S., 371 ; Legal Tender Cases, 110 U. S., 421 ; Cole v. La Grange, 113 U. S., 1; Van Brocklins v. Tennessee, 117 U.S., 151; Stoutenburg v. Hen- nick, 129 U. S., 141. Section. 9. ^ The Migration or Importation of such Per- sons as any of the States now existing shall think proper to admit, shall not be prohibited by the Congress prior to the Year one thousand eight hundred and eight, but a Tax or duty may be imposed on such Importation, not exceeding ten dollars for each Person. Dred Scott v. Sanford, 19 How., 393. 2 The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it. United States v. Hamilton, 3 Dall., 17 ; Ex parte Bollman and Swart- wout, 4 Cr., 75 ; Ex parte Kearney, 7 Wh. , 38 ; Ex parte Tobias Wat- CONSTITUTION OF THE UNITED STATES. — 1787. 45 kins, 3 Pet., 193; Ex parte Milburn, 9 Pet., 704; Holmes v. Jennison et al., 14 Pet., 540; i^x parte Dorr, 3 How., 103; Luther v. Borden, 7 How., 1 ; Ableman v. Booth and United States v. Booth, 21 How., 506 ; Ex parte Vallandigham, 1 Wall., 243; Ex parte Milligan, 4 Wall., 2; Ex parte McCardle, 7 Wall., 506; Ex parte Yerger, 8 Wall., 85; Tar- ble's case, 13 Wall., 397; Ex parte Lange, 18 Wall., 163; Ex parte Parks, 93 U. S., 18 ; Ex parte Karstendick, 93 U. S., 396 ; Ex parte Read, 100 U. S., 13; Ex parte Virginia, 100 U. S., 339 ; Ex parte Siebold, 100 U. S., 371 ; Ex parte Clarke, 100 U. S., 399 ; Ex parte Curtis, 106 U. S., 371 ; United States v. Gale, 109 U. S., 65 ; Ex parte Wilson, 114 U. S., 417 ; In re Ayers, 123 U.S., 443 ; In re Coy, 127 U. S., 731 ; United States V. Jung Ah Lung, 124 U. S., 621 ; In re Shubuya Jugiro, 140 U. S., 291 ; Fong Tue Ting v. United States, 149 U. S., 698. ^No Bill of Attainder or expost facto Law shall be passed. Fletcher v. Peck, 6 Cr., 87 ; Ogden v. Saunders, 12 Wh., 213; Wat- son et al., V. Mercer, 8 Pet., 88 ; Carpenter et al., v. Commonwealth of Pennsylvania, 17 How., 456 ; Locke v. New Orleans, 4 Wall., 172 ; Cummings v. The State of Missouri, 4 Wall., 277; Ex parte Garland, 4 Wall., 333 ; Drehman v. Stifle, 8 Wall., 595 ; Klinger v. State of Mis- souri, 13 Wall., 257 ; Pierce v. Carskadon, 16 Wall,, 234 ; Kring v. Mis- souri, 107 U. S., 221 ; Hopt v. Utah, 110 U. S., 574. * 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 ; Pervear v. The Commonwealth, 5 Wall., 475 ; Veazie Bank v. Fenno, 8 Wall., 533 ; National Bank v. The United States, 101 U. S., 1. ^ No Tax or Duty shall be laid on Articles exported from any State. Cooley V. Board of Wardens of Port of Philadelphia, 12 How., 299 ; Page V. Burgess, collector, 92 U. S., 372. ^ No Preference shall be given by any Regulation of Com- merce 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. Cooley V. Board of Wardens of Port of Philadelphia et al., 12 How., 299 ; State of Pennsylvania v. Wheeling and Belmont Bridge Company et al., 18 How., 421 ; Munn v, Illinois, 94 U. S., 113. ^ No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law ; and a regu- 46 CONSTITUTION OF THE UNITED STATES. — 1787. lar Statement and Account of the Receipts and Expendi- tures 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. 10. ^ No State shall enter into any Treaty, Alli- ance, or Confederation; grant Letters of Marque and Re- prisal; 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, expost facto Law,^ or Law im- pairing the Obligation of Contracts,^ or grant any Title of Nobility. 2 Calder and wife v. Bull and wife, 3 Dall., 386 ; 3 Fletcher v. Peck, 6 Cr., 87; ^ State of New Jersey v. Wilson, 7 Cr., 164; ^sturgis v. Crowningshield, 4 Wh., 122 ; ^ McMillan v. McNeil, 4 Wh.,209; -^Dart- mouth College V. Woodward, 4 Wh., 518; ^Owings v. Speed, 5 Wh., 420; 3 Farmers' and Mechanics' Bank v. Smith, 6 Wh., 131; ^ Green et al. V. Biddle, 8 Wh., 1 ; '^ Society v. New Haven, 8 Wh., 464 ; ^Ogden V. Saunders, 12 Wh., 213 ; ^ Mason v. Haile, 12 Wh., 370 ; ^Satterlee v. Matthewson, 2 Pet., 380 ; 3 Hart v. Lamphire, 3 Pet., 280 ; i Craig et al. V. State of Missouri, 4 Pet., 410 ; ^ Providence Bank v. Billings and Pit- man, 4 Pet., 514 ; i Byrne v. State of Missouri, 8 Pet., 40 ; ^ Watson v. Mercer, 8 Pet., 88.; ^Mumma v. Potomac Company, 8 Pet., 281 ; ^ Beers V. Haughton, 9 Pet., 329 ; i Briscoe et al. v. The Bank of the Common- wealth of Kentucky, 11 Pet., 257 ; ^ 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, 1 How., 311 ; 3 McCracken v. Hayward, 2 How., 608; ^ Gordon v. Ap- peal Tax Court, 3 How., 133; ^ State of Maryland v. Baltimore and Ohio Railroad Company, 3 How., 534; ^Neil, Moore & Co. v. State of Ohio, 3 How., 720 ; 3 Cook v. Moffatt, 5 How., 295 ; 3 planters' Bank v. Sharp et al, 6 How., 301; 3 West River Bridge Company v. Dix et al, 6 How., 507 ; 3 Crawford et al. v. Branch Bank of Mobile, 7 How., 279 ; 8 Woodruff V. Trapnall, 10 How., 190; 3paup et al. v. Drew, 10 How., 218 ; 2, 3 Baltimore and Susquehanna Railroad Company v. Nesbitt et al, 10 How., 395; 3 Butler et al. v. Pennsylvania, 10 How., 402 ; ^ Daring- ton et al. V. The Bank of Alabama, 13 How., 12 ; 3 Richmond, &c., Rail- road Company y. The Louise Railroad Company, 13 How., 71 ; 3 Trustees CONSTITUTION OF THE UNITED STATES. — ^1787. 47 for Vincennes University v. State of Indiana, 14 How. , 268 ; ^ Curran v. State of Arkansas et al., 15 How., 304 ; ^ State Bank of Ohio v. Knoop, 16 How., 369; 2 carpenter et al. v. Commonwealth of Pennsylvania, 17 How., 456; ^ Dodge v. Woolsey, 18 How., 331; 3 Beers v. State of Arkansas, 20 How., 527; ^Aspinwall et al. v. Commissioners of County of Daviess, 22 How., 364; 3 Rector of Christ Church, Philadelphia, v. County of Philadelphia, 24 How., 300; » Howard v. Bugbee, 24 How., 461; ^ Jefferson Branch Bank v. Skelley, 1 Black, 436 ; spranklin Branch Bank v. State of Ohio, 1 Black, 474; 3 Trustees of the Wabash and Erie Canal Company v. Beers, 2 Black, 448 ; 3 Oilman v. City of Sheboygan, 2 Black, 510 ; ^ Bridge Proprietors v. Hoboken Company, 1 Wall., 116; 3 Hawthorne v. Calef, 2 Wall., 10; 3 The Binghamton Bridge, 3 Wall., 51; 3 The Turnpike Company v. The State, 3 Wall., 210 ; 2 Locke v. City of New Orleans, 4 Wall., 172 ; 3 Railroad Company v. Rock, 4 Wall., 177 ; 3Cummings v. State of Mis- souri, 4 Wall., 277 ; 2 Ex parte Garland, 4 Wall., 333 ; 3 Von Hoffman V. City of Quinoy, 4 Wall., 535; 3 Mulligan v. Corbin, 7 Wall., 487; 3 Furman v. Nichol, 8 Wall. , 44 ; 3 Home of the Friendless v. Rouse, 8 Wall., 430; 3 The Washington University v. Rouse, 8 Wall., 439; 3Butz V. City of Muscatine, 8 Wall., 575 ; 3Drehman v. Stifle, 8 Wall., 595 ; 3 Hepburn y. Griswold, 8 Wall., 603 ; 2 Gut v. The State, 9 Wall., 35; 3 Railroad Company v. McClure, 10 Wall., 511; 3parker v. Davis, 12 Wall., 457 ; 3 Curtis v. Whiting, 13 Wall., 68 ; 3 Pennsylvania College Cases, 13 Wall., 190 ; 3 Wilmington Railroad v. Reid, sheriff, 13 Wall., 264 ; 3 Salt Company v. East Saginaw, 13 Wall., 373; 3 White v. Hart, 13 Wall., 646; 3 0sborn v. Nicholson et al., 13 Wall., 654; 3 Railroad Company v. Johnson, 15 Wall., 195 ; 3 Case of the State tax on foreign- held bonds, 15 Wall., 300 ; 3Tomlinson v. Jessup, 15 Wall., 454 ; 3Tom- linson v. Branch, 15 Wall., 460 ; 3 Miller v. The State, 15 Wall., 478 ; 3 Holyoke Company v. Lyman, 15 Wall., 500 ; 3 Gunn 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 Baring v. Dabney, 19 Wall., 1 ; 3 Head v. The University, 19 Wall., 526; 3 pacific Railroad Company 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, etc.. Railroad v. King, ex., 91 U. S., 3 ; 3 County of Moul- trie V. Rockingham Ten Cent Savings Bank, 92 U. S., 631 ; 3 Home In- surance Company v. City Council of Augusta, 93 U.S., 116; 3 West Wisconsin Railroad Company v. Supervisors, 93 U. S., 595 ; 3 Railroad Company, 95 U. S., 168 ; 3 Farrington v. Tennessee, 95 U. S., 679 ; s Ten- nessee V. Sneed, 96 U.S., 69; 3 Williams v. Brushy, 96 U.S., 176; 3 Murray v. Charleston, 96 U. S., 432 ; 3 Edwards v. Kearney, 96 U. S., 595 ; 3 Beer Company v. Massachusetts, 97 U. S., 25 ; Keith v. Clark, 97 U. S., 454 ; 3 Railroad Company v. Georgia, 98 U. S., 359 ; 3 Univer- sity V. People, 99 U.S., 309; 3 Sinking Fund Cases, 99 U.S., 700; 48 CONSTITUTION OF THE UNITED STATES. — 1787. 3 Newton v. Commissioners, 100 U. S., 548 ; ^ Railroad. Company v. The United States, 101 U. S., 337 ; 3 Wriglit v. Nagle, 101 U. S., 791 ; ^ Stone V. Mississippi, 101 U.S., 814; ^ Louisiana v. New Orleans, 102 U.S., 203 ; 8 Hall v. Wisconsin, 103 U. S., 5 ; ^ Wolf v. New Orleans, 103 U. S., 358; Durkee v. Board of Liquidation, 103 U. S., 646; ^Pennimor's Case, 103 U. S., 714 ; ^ Guaranty Company v. Board of Liquidation, 105 U. S., 622; 3 Asylum v. New Orleans, 105 U. S., 362; 3 Greenwood v. Freight Company, 105 U.S., 13; ^Antoni v. Greenhow, 107 U. S., 769 ; 3 Gross v. United States Mortgage Co., 108 U. S., 477 ; 3 Louisville and Nashville Railroad Company v. Palmer, 109 U. S., 244 ; 3 Louisiana V. New Orleans, 109 U. S., 285 ; 3 Memphis Gas Light Company v. Taxing District of Shelby County, 109 U. S., 398; SGilfillem v. Union Canal Company, 109 U.S., 401; 3 Spring Valley Water Works v. Schottler, 110 U. S., 347 ; 3 Nelson v. St. Martin's Parish, 111 U. S., 716 ; 3 Butcher's Union Company v. Crescent City Company, 111 U. S., 746 ; 3 Foster v. Kansas, 112 U. S., 201 ; 3 Virginia Coupon Cases, 114 U. S., 270; SAmy V. Shelby County, 114 U. S., 387 ; 3Effinger v. Kenney, 115 U.S., 666 ; 3 New Orleans Gas Company y. Louisiana Light Company, 115 U.S., 650; 3 New Orleans Waterworks v. Rivers, 115 U. S., 674; 3 Louisiana Gas Light Company v. Citizens' Gas Company, 115 U. S., 683 ; 3 risk v. Jefferson Police Jury, 116 U. S., 131 ; SRoyall v. Virginia, 116 U. S., 572 ; 3Hagood V. Southern, 117 U. S., 52; 3 St. Tammany Water Works v. New Orleans Water Works, 120 U. S. , 64 ; i United States v. Arizona, 120 U. S., 479 ; 3 Church v. Kelsey, 121 U. S., 282 ; SLehigh Water Company V. Easton, 121 U. S., 388 ; 3Leibert v. Lewis, 122 U. S., 284 ; 3 New Orleans Waterworks v. Louisiana Sugar Refining Company, 125'U. S., 18 ; 2 Jaehne V. New York, 128 U. S., 189 ; 3 Denny v. Bennett, 128 U. S., 489 ; 3 Free- land V. Williams, 131 U. S., 405; 3 Scotland County Court v. Hill, 140 U. S., 41 ; 3 Essex Public Road Board v. Skinkle, 140 U. S., 334 ; ^ Stein V. Bienville Water Supply Company, 141 U. S., 67 ; 3 Morley v. Lake Shore and Michigan Southern Railway Company, 146 U. S., 162 ; 3 Hamilton Gas Light and Coke Company v. Hamilton City, 146 U.S., 258; 8 Schurz V. Cook, 148 U. S., 397 ; 3 Bryant r. Board of Education, 151.U. S., 639 ; 2 Duncan v. Missouri, 152 U. S., 377 ; 3 New York, Lake Erie and Western Railroads. Pennsylvania, 153 U. S.,628. 2 No State shall, without the Consent of the Congress, lay any Imposts or Duties on Imports or Exports, except what may be absolutely necessary for executing it's inspection Laws : and the net Produce of all Duties and Imposts, laid by any State on Imports or Exports, shall be for the Use of the Treasury of the United States ; and all such Laws shall be subject to the Revision and Controul of the Congress. Brown -y. The State of Maryland, 12 Wh., 419 ; Mager v. Griraa et al., 8 How., 490; Cooley v. Board of Wardens of Port of Philadelphia CONSTITUTION OF THE UNITED STATES. — 1787. 49 et al., 12 How., 299 ; Almjv. 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., 110 ; Woodruff v. Perham, 8 Wall., 123 ; Hinson v. Lott, 8 Wall., 148 ; State tax on railway gross receipts, 15 Wall., 284 ; Brown v. Houston, 114 U. S., 622 ; Stone v. Farmers' Loan. and Trust Company, 116 U. S., 307. 3 No State shall, without the Consent of Congress, lay any Duty of Tonnage, keep Troops, or Ships of War in time of Peace, enter into any Agreement or Compact with another State, or with a foreign Power, or engage in War, unless actually invaded, or in such imminent Danger as will not admit of delay. Green v. Biddle, 8 Wh., 1 ; Poole et al. v. The Lessee of Fleeger et al., 11 Pet., 185; Cooley v. Board of Wardens of Port of Philadelphia et al., 12 How., 299 ; State Tonnage Tax Cases, 12 Wall., 204 ; Peete v. Morgan, 19 Wall., 581 ; Cannon v. New Orleans, 20 Wall., 577 ; Inman Steamship Company v. Tinker, 94 U. S., 238 ; Packet Company v. Keskats, 95 U. S., 80 ; Morgan v. Louisiana, 118 U. S., 455 ; Huse v. Glover, 119 U. S., 643 ; Ouachita Packet Company v. Aiken, 121 U. S., 444. ARTICLE. II. Section. 1. ^ The executive Power shall be vested in a President of the United States of America. He shall hold his Office during the Term of four Years, and, together with the Vice President, chosen for the same Term, be elected, as follows 2 Each State shall appoint, in such Manner as the Legis- lature there of may direct, a Number of Electors, equal to the whole Number of Senators and Representatives to which the State may be entitled in the Congress: but no Senator or Representative, or Person holding an Office of Trust or Profit under the United States, shall be appointed an Elector. McPherson v. Blacker, 146 U. S., 1. ["The electors shall meet in their respective States, and vote by • ballot for two Persons, of whom one at least shall not be an Inhabitant of the same State with themselves. And they shall make a List of all the Persons voted for, and of the Number of Votes for each ; which List they shall sign and certify, and transmit sealed to the Seat of the 50 CONSTITUTION OF THE UNITED STATES. — 1787. 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 Num- ber of Electors appointed ; and if there be more than one who have sucli Majority, and have an equal Number of Votes, then the House of Rep- resentatives shall immediately chuse by Ballot one of them for Presi- dent ; 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 Rep- resentation from each State having one Vote ; A quorum for this Pur- pose shall consist of a Member or Members from two-thirds of the States, and a Majority of all the States shall be necessary to a Choice. In every Case, after the Choice of the President, the Person having the greatest Number of Votes of the Electors shall be the Vice President. But if there should remain two or more who have equal Votes, the Senate shall chuse from them by Ballot the Vice-President."] This clause has been superseded by the twelfth amendment. ^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 Con- stitution, 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. Inglis 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 pro- vide for the Case of Removal, Death, Resignation, or Ina- bility, both of the President and Vice President, declaring what Officer shall then act as President, and such Officer shall act accordingly, until the Disability be removed, or a President shall be elected. ^ The President shall, at stated Times, receive for his CONSTITUTION OF THE UNITED STATES. — 1787. 51 Services, a Compensation, which shall neither be encreased nor diminished during the Period for which he shall have been elected, and he shall not receive within that Period any other Emolument from the United States, or any of_ them. ^ Before he enter on the Execution of his Office, he shall take the following Oath or Affirmation : — "I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Abilit}^ preserve, protect and defend the Constitution of the United States." Section. 2. ^ The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States ; he may require the Opinion, in writing, of the principal Officer in each of the executive Departments, upon any Subject relating to the Duties of their respective Offices, and he shall have Power to grant Reprieves and Pardons for Offences 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 Wall., 766 ; United States v. Padelford, 9 Wall., 531 ; United States v. Klein, 13 Wall., 128; Armstrong v. The United States, 13 Wall., 154; Pargond v. The United States, 13 Wall., 156 ; Lamar, ex., v. Browne et al., 92 U. S., 187 ; Wallach et al. v. Van Riswick, 92 U. S., 202 ; Knote V. United States, 95 U. S., 149. 2 He shall have Power, by and with the Advice and Con- sent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges- of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise pro- vided for, and which shall be established by Law : but the Congress may by Law vest the Appointment of such inferior 52 CONSTITUTION OF THE UNITED STATES. — 1787. 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, 1 Cr., 137 ; Owings V. Norwood's Lessee, 5 Cr., 344 ; United States v. Kirkpatrick, 9 Wh., 720; American Insurance Company v. Canter (356 bales cotton), 1 Pet., 511 ; Foster and Elam v. Neilson, 2 Pet., 253 ; Cherokee Nation V. State of Georgia, 5 Pet., 1 ; 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., 223 ; Dobbins v. Commissioners of Erie County, 16 Pet., 435; Holden v. Joy, 17 Wall., 211; United States v. Rauscher, 119 U. S., 407 ; Baldwin v. Frank, 120 U. S., 678 ; Chinese Exclusion Cases, 130 U. S., 581 ; Shoemaker v. The United States, 147 U. S., 282. 3 The President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate, by grant- ing 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 Con- gress Information of the State of the Union, and recommend to their Consideration such Measures as he shall judge neces- sary and expedient; he may, on extraordinary Occasions, convene both Houses, or either of them, and in Case of Disagreement between them, with Respect to the Time of Adjournment, he may adjourn them to such Time as he shall think proper; he shall receive Ambassadors and other public Ministers ; he shall take Care that the Laws be faithfully executed, and shall Commission all the Officers of the United States. Marbury v. Madison, 1 Cr., 137 ; Kendall, Postmaster-General, v. The United States, 12 Pet., 524 ; The State of Mississippi v. Johnson, Presi- dent, 4 Wall., 475 ; Stewart v. Kahn, 11 Wall., 493. 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. CONSTITUTION OF THE UNITED STATES. — 1787. 53 ARTICLE III. Section. 1. The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour, and shall, at stated Times, receive for their Services, a Com- pensation, which shall not be diminished during their Con- tinuance in Office. Hay burn's case (notes), 2 Dall., 409 ; Stuart v. Laird, 1 Cr., 299; United States v. Peters, 5 Cr., 115 ; Martin v. Hunter's Lessee, 1 Wh., 304 ; Cohens v. Virginia, 6 Wh., 264 ; Ex parte Vallandigham, 1 Wall., . 243. Section. 2. ^ The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitu- tion, 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 Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects. Hayburn's case (note), 2 Dall., 409; Chisholm, ex., v. Georgia, 2 Dall., 419 ; Glass et al. v. Sloop Betsey, 3 Dall., 6 ; United States v. La Vengeance, 3 Dall, 297 ; Hollingsworth et al. v. Virginia, 3 Dall., 378 ; Mossman, ex., v. Higginson, 4 Dall., 12; Marbury v. Madison, 1 Cr., 137 ; Hepburn et al. v. Ellezley, 2 Cr., 444 ; United States v. Moore, 3 Cr., 159 ; Strawbridge et al. v. Curtiss et al., 3 Cr., 267 ; Ex parte Bolhnan and Swartwout, 4 Cr., 75 ; Rose v. Himely, 4 Cr., 241 ; Chappedelaine et al. V. Dechenaux, 4 Cr., 306 ; Hope Insurance Company v. Boardman et al., 5 Cr., 57 ; Bank of United States v. Devaux et al., 5 Cr., 61 ; Hodgson et als. v. Bowerbank et als., 5 Cr., 303 ; Owings v. Norwood's Lessee, 5 Cr., 344 ; Durousseau v. The United States, 6 Cr., 307 ; United 54 CONSTITUTION OF THE UNITED STATES. — 1787. States V. Hudson and Goodwin, 7 Cr., 32; Martin v. Hunter, 1 Wh., 304; Colson et al. v. Lewis, 2 Wli., 377; United States v. Bevens, 3 Wh., 336 ; Cohens v. Virginia, 6 Wh., 264 ; Ex parte Kearney, 7 Wh., 38 ; Osborn v. United States Bank, 9 Wh., 738 ; United States v. Ortega, 11 Wh., 467 ; American Insurance Company v. Canter (356 bales cotton), 1 Pet., 511 ; Jackson v. Twentyman, 2 Pet., 136 ; Weston v. The City Council of Charleston, 2 Pet., 449 ; Cherokee Nation v. State of Georgia, 5 Pet., 1 ; State of New Jersey v. State of New York, 5 Pet., 283 ; Davis v. Packard et al., 6 Pet., 41 ; United States v. Arredondo et al., 6 Pet., 691 ; Davis V. Packard et al., 7 Pet., 276 ; Breedlove 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., 223; The State of Rhode Island v. The Commonwealth of Massachusetts, 12 Pet. , 657 ; The Bank of Augusta v. Earle, 13 Pet., 519 ; The Commercial and Rail- road Bank of Vicksburg v. Slocomb et al., 14 Pet., 60 ; Suydam et al. v. Broadnax, 14 Pet., 67 ; Holmes v. Jennison, 14 Pet., 540 ; Prigg v. The Commonwealth of Pennsylvania, 16 Pet., 539 ; Louisville, Cincinnati and Charleston 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., 1 ; 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 Pennsyl- vania V. The Wheeling, &c., Bridge Company et al., lo 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, 18 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 ; Fenn v. Holmes, 21 How., 481 ; More wood et al. v. Erequist, 23 How., 491 ; Commonwealth of Kentucky v. Dennison, Governor, 24 How. , 66 ; Ohio and Mississippi Railroad Company v. Wheeler, 1 Black, 286 ; The Steamer Saint Lawrence, 1 Black, 522 ; The Propeller Commerce, 1 Black, 574 ; Ex parte Vallandigham, 1 Wall., 243 ; Ex parte Milligan, 4 Wall., 1 ; The Moses Taylor, 4 Wall., 411 ; State of Mississippi v. Johnson, President, 4 Wall., 475; The Hine v. Trevor, 4 Wall., 555; City of Philadelphia v. The Collector, 5 Wall., 720 ; State of Georgia v. Stanton, 6 Wall., 50 ; Payne v. Hook, 7 Wall., 425 ; The Alicia, 7 Wall., 571 ; Ex parte Yerger, 8 Wall., 85 ; Insurance Company v. Dunham, 11 Wall., 1 ; 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 ; Blyew et al, v. The United States, 13 Wall., 581 ; Davis v. Gray, 16 Wall., 203 ; Case of the Sewing Machine Companies, 18 Wall., 553 ; Insurance Company v. Morse, 20 Wall., 445 ; Vannevar v. Bryant, 21 Wall., 41 ; The Lottawanna, 21 Wall., 558 ; Gaines v. Fuentes et al., 92 U. S., 10 ; Miller v. Dows, 94 CONSTITUTION OF THE UNITED STATES. — 1787. 55 U.S., 444; Doyle v. Continental Insurance Company, 94 U.S., 535; United States v. Union Pacific Railroad Company, 98 U.S., 569; Ten- nessee V. The United States, 100 U. S., 257 ; Allen v. Louisiana, 103 U. S., 80 ; The Francis Wright, 105 U. S., 381 ; Mitchel v. Clark, 110 U. S., 633 ; Bois V. Preston, 111 U. S., 252 ; Ames v. Kansas, HI U. S., 449 ; Barfon_ V. Burnside, 121 U. S., 186 ; St. Louis Iron Mountain and Southern Rail- way V. Vickers, 122 U. S., 360 ; United States v. Texas, 143 U. S., 621. 2 In all Cases affecting Ambassadors, other public Minis- ters and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction. In all the other Cases before mentioned, the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Con- gress shall make: Chisholm, ex., v. Georgia, 2 Dall., 419 ; Wiscart et al. v. Dauchy, 3 Dall., 321 ; Marbury v. Madison, 1 Cr., 137 ; Durousseau et al. v. United States, 6 Cr., 307 ; Martin v. Hunter's Lessee, 1 Wh., 304 ; Cohens v. Virginia, 6 Wh., 264 ; Ex parte Kearney, 7 Wh., 38 ; Wayman v. South- ard, 10 Wh., 1 ; Bank of the United States v. Halstead, 10 Wh., 51; United States v. Ortega, 11 Wh., 467; The Cherokee Nation v. The State of Georgia, 5 Pet., 1 ; Ex parte Crane et als., 5 Pet., 190 ; The State of New Jersey v. The State of New York, 5 Pet. , 284 ; 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 v. The Wheeling, &c., Bridge Company, 13 How., 518; In re Kaine, 14 How., 103; Ableman v. Booth and United States v. Booth, 21 How., 506 ; Freeborn v. Smith, 2 Wall., 160 ; Ex parte McCardle, 6 Wall., 318 ; Ex parte McCardle, 7 Wall., 500 ; 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. 2 The Trial of all Crimes, except in Cases of Impeachment, shall be by Jury; and such Trial shall be held in the State where the said Crimes shall have been committed; but when not committed within any State, the Trial shall be at such Place or Places as the Congress may by Law have directed. Ex parte Milligan, 4 Wall., 2; Callan v. Wilson, 127 U.S., 540; Nashville and Chattanooga Railway v. Alabama, 128 U.S., 96. Section. 3. ^ Treason against the United States, shall consist only in levying War against them, or in adhering 56 CONSTITUTION OF THE UNITED STATES. — 1787. 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. , 334 ; United States v. Mitchell, 2 Dall., 348; Ex parte Bollman and Swartwout, 4 Cr., 75; United States v. Aaron Burr, 4 Cr., 469 ; Hanauer v. Doane, 12 Wall., 342 ; Carlisle v. The United States, 16 Wall., 147 ; Sprott v. United States, 20 Wall., 459 ; Young v. United States, 97 U. S., 39. 2 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 ; McVeigh v. United States, 11 Wall., 259 ; Miller v. The United States, 11 Wall., 268 ; Day v. Micou, 18 Wall., 156 ; Wallack et al. v. Van Riswick, 92 U. S. , 202 ; Pike v. Russell, 94 U. S., 711 ; United States v. Dunnington, 146 U. S., 338; Jenkins v. Col- lard, 145 U. S., 546. ARTICLE IV. Section. 1. Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State. And the Congress may by general Laws prescribe the Manner in which such Acts, Records and Proceedings shall be proved, and the Effect thereof. 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'Elmoyle v. Cohen, 13 Pet., 312 ; The Bank of Augusta V. Earle, 13 Pet., 519; Bank of the State of Alabama v. Dalton, 9 How., 522 ; D'Arcy v. Ketchum, 11 How., 165; Christmas v. Russell, 5 Wall., 290 ; Green v. Van Baskirk, 7 Wall., 139 ; Paul v. Vir- ginia, 8 Wall., 168 ; Board of Public Works v. Columbia College, 17 Wall., 521 ; Thompson v. Whitman, 18 Wall., 457 ; Bonaparte v. Tax Court, 104 U. S., 592 ; Embray v. Palmer, 107 U. S. , 3 ; Hanley v. Donahue, 116 U. S., 1 ; Renaud v. Abbott, 116 U. S., 277 ; Chicago and Alton Railroad v. Wiggins Ferry Company, 119 U. S., 615 ; Cole v. Cunning- ham, 133 U. S., 107. CONSTITUTION OF THE UNITED STATES. — 1787. 57 Section. 2. ^ The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States. Bank of United States v. Devereaux, 5 Or., 61 ; Gassies v. Ballott^ 6 Pet., 761 ; The State of Rhode Island v. The Commonwealth of Mas- sachusetts, 12 Pet., 657 ; The Bank of Augusta v. Earle, 13 Pet., 519 ; Moore v. The People of the State of Illinois, 14 How,, 13 ; Conner et al. V. Elliott et al., 18 How., 591; Dred Scott v. Sanford, 19 Ho^, 393; Crandall v. State of Nevada, 6 Wall., 35 ; Woodruff v. Parham., 8 Wall., 123 ; Paul v. Virginia, 8 Wall., 168 ; Downham v. Alexandria Council, 10 Wall., 173 ; Liverpool Insurance Company v. Massachusetts, 10 Wall., 566 ; Ward v. Maryland, 12 Wall., 418 ; Slaughter-house Cases, 16 Wall., 36 ; Bradwell v. The State, 16 Wall., 130; Chemung Bank v. Lowery, 93 U. S., 72 ; McCready v. Virginia, 94 U. S., 391 ; United States v. Harris, 106 U.S., 629; Baldwin v. Franks, 120 U.S., 678; Pembina Mining Company v. Pennsylvania, 125 U. S., 181 ; Kimmish v. Ball, 129 U. S., 217 ; United States v. Eauscher, 119 U. S., 407. ^ 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 re- moved 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 ; Mahne v. Justice, 127 U. S., 700 ; Lancelles v. Georgia, 148 U. S., 537. 3 No Person held to Service or Labour in one State, under the Laws thereof, escaping into another, shall, in Conse- quence of any Law or Regulation therein, be discharged from such Service or Labour, but shall be delivered up on Claim of the Party to whom such Service or Labour may be due. 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. San- ford, 19 How., 393; Ableman v. Booth and United States v. Booth, 21 How., 506. Section. 3. ^ New States may be admitted by the Con- gress into this Union; but no new State shall be formed 58 CONSTITUTION OF THE UNITED STATES. — 1787. 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), 1 Pet., 511; Pollard's Lessee v. Hagan, 3 How., 212; Banner v. Porter, 9 How., 235 ; Cross et al. v. Harrison, 16 How., 164. 2 The Congress shall have Power to dispose of and make all needful Rules and Regulations respecting the Territory or other Property belonging to the United States; and nothing in this Constitution shall be so construed as to Prejudice any Claims of the United States, or of any par- ticular State. McCulloch V. State of Maryland, 4 Wh., 316; American Insurance Company v. Canter, 1 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. Chateau, 13 Wall., 92 ; National Bank v. County of Yankton, 101 U. S., 129. 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 Appli- cation of the Legislature, or of the Executive (when the Legislature cannot be convened) against domestic Violence. Luther v. Borden, 7 How., 1 ; 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 Con- stitution, or, on the Application of the Legislatures of two thirds of the several States, shall call a Convention for pro- posing Amendments, which, in either Case, shall be valid to all Intents and Purposes, as Part of this Constitution, when ratified by the Legislatures of three fourths of the several States, or by Conventions in three fourths thereof, as the one or the other Mode of Ratification may be pro- CONSTITUTION OF THE UNITED STATES. — 1787. 59 posed by the Congress ; Provided that no Amendment which may be made prior to the Year One thousand eight hundred and eight shall in any Manner affect the first and fourth Clauses in the Ninth Section of the first Article ; and that no State, without its Consent, shall be deprived of its equal Suffrage in the Senate. ARTICLE. VI. ^All Debts contracted and Engagements entered into, before the Adoption of this Constitution, shall be as valid against the United States under this Constitution, as under the Confederation. 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 v. Hylton, 3 Dall., 199 ; Calder and wife v. Bull and wife, 3 Dall., 386 ; Marbury v. Madison, 1 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., 1 ; Foster and Elam v. Neilson, 2 Pet., 253 ; Buckner v. Finley, 2 Pet., 586 ; Worcester v. State of Georgia, 6 Pet., 515 ; Kennett et al. v. Chambers, 14 How., 38 ; Dodge 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., 224 ; Haver v. Taker, 9 Wall., 32 ; Western Union Telegraph Company v. Massachusetts, 125 U.S., 530. 2 The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all execu- tive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution; but no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States. Ex parte Garland, 4 Wall., 333. 60 CONSTITUTION OF THE UNITED STATES. — 1787. ARTICLE VII. The Ratification of the Conventions of nine States, shall be sufficient for the Establishment of this Constitution be- tween 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 sub- scribed our Names, G": WASHINGTON— Presidt. and Deputy from Virginia New Hampshire, John Langdon Nicholas Gilman Massachusetts. Nathaniel Gorham Rufus King Connecticut. Wm. Saml. Johnson Roger Sherman New York. Alexander Hamilton New Jersey. WiL : Livingston Wm. Paterson David Brearley Jona : Dayton Pennsylvania. B. Franklin Thos. Fitzsimons Thomas Mifflin Jared Ingersoll Robt. Morris James Wilson Geo. Clymer Gouv Morris CONSTITUTION OF THE UNITED STATES. — 1787. 61 Delaware. Geo : Read Richard Bassett Gunning Bedford Jun Jaco : Broom John Dickinson Maryland. James McHenry Danl. Carroll Dan t)F St Thos Jenifer Virginia. John Blair — James Madison Jr. North Carolina. Wm. Blount Hu Williamson. Richd. Dobbs Spaight South Carolina. J. Rutledge, Charles Pinckney Charles Cotesworth Pierce Butler. Pinckney Georgia. William Few Abr Baldwin Attest WILLIAM JACKSON Secretary articles in addition to, and amendment of, the constitution of the united states of AMERICA, proposed by congress, AND RATIFIED BY THE LEGIS- LATURES OF THE SEVERAL STATES PURSUANT TO THE FIFTH ARTICLE OF THE ORIGINAL CONSTITUTION. [ARTICLE I.]* Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the * The first ten amendments to the Constitution of the United States were proposed to the legislatures of the several States by the First Congress, on 62 CONSTITUTION OF THE UNITED STATES. — 1787. right of the people peaceably to assemble, and to petition the Government for a redress of grievances. Terrett et al. v. Taylor et al., 9 Cr,, 43 ; Vidal et al. v. Girard et al., 2 How., 127 ; United States v. Cruikshank et al., 92 U.S., 542 ; Reynolds v. The United States, 98 U, S., 145 ; Eilenbecker v. Plymouth County, 134 U. S., 31 ; In re Rapier, 143 U. S., 110. [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. Reynolds v. The United States, 98 U. S., 145 ; 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. [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, 18 How., 71 ; Murray's Lessee et al. v. Hoboken Land and Improvement Company, 18 How., 272 ; Ex parte Milligan, 4 Wall., 2 ; Boyd v. The United States, 116 U. S., 616. the 25th of September, 1789. They were ratified by the following States, and the notifications of ratification by the governors thereof were succes- sively communicated by the President to Congress : 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 27, 1790 ; Rhode Mand, June 15, 1790 ; Vermont, November 3, 1791 ; and Virginia, December 15, 1791. There is no evidence on the journals of Congress that the legislatures of Connecticut, Georgia, and Massachusetts ratified them. CONSTITUTION OF THE UNITED STATES. — 1787. 63 [ARTICLE v.] No person shall be held to answer for a capital, or other- wise infamous crime, unless on a presentment or indict- ment 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 sub- ject 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; West River Bridge Company v. Dix et al., 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 ; Gilman v. The City of She- boygan, 2 Black, 510 ; Ex parte Milligan, 4 Wall, 2 ; Twitchell v. The Commonwealth, 7 Wall., 321 ; Hepburn v. Griswold, 8 Wall., 603 ; Mil- ler V. United States, 11 Wall., 268 ; Legal Tender Cases, 12 Wall., 457 ; Pumpelly v. Greei. 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 ; McMillan v. Anderson, 95 U. S., 37 ; Pennoyer v. Neff, 95 U.S., 714; Davidson v. New Orleans, 96 U.S., 97; Railroad Company v. Richmond, 96 U. S., 521 ; United States v. Union Pacific Railroad Company, 98 U. S., 569; Sinking Fund Cases, 99 U. S., 700 ; Langf ord v. The United States, 101 U. S. , 341 ; County of Mobile v. Kinback, 102 U. S., 691 ; Ex parte Wilson, 114 U. S., 417 ; Fort Leavenworth Rail- road Company v. Howe, 114 U. S., 525 ; Boyd v. The United States, 116 U. S., 616 ; Mackin v. The United States, 117 U. S., 348 ; Arrowsmith v. Harmoning, 118 U. S., 194 ; Ex parte Bain, 121 U. S., 1 ; 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 ; Ro Bards v. Lamb, 127 U. S., 58 ; Missouri Pacific Railway Company v. Mackey, 127 U. S., 205 ; Freeland V. Williams, 131 U. S., 405 ; In re Ross, 140 U. S., 453 ; New Orleans v. New Orleans Water Works Company, 142 U.S., 79; Counselman v. Hitchcock, 142 U. S., 547 ; Nishimura Ekin v. The United States, 142 U. S., 651 ; Thomington v. Montgomery, 147 U. S., 490 ; Monongahela Navigation Company v. The United States, 148 U. S., 312 ; Paulsen v. Portland, 149 U. S., 30 ; Marchant v. Pennsylvania Railroad Company, 153 U. S., 380 ; Pittsburg, Cincinnati, Chicago, and St. Louis Railway Company V. Bachus, 154 U. S., 421. 64 CONSTITUTION OF .THE UNITED STATES. — 1787. [ARTICLE VI.] In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascer- tained 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. Ex parte Kearney, 7 Wh., 38 ; United States v. Mills, 7 Pet., 138 Baron v. City of Baltimore, 7 Pet., 243 ; Fox v. Ohio, 5 How., 410 W^itliers v. Buckley et al., 20 How. , 84 ; Ex parte Milligan, 4 Wall., 2 Twitchell v. The Commonwealth, 7 Wall., 321 ; Miller v. The United States, 11 Wall., 268; United States v. Cook, 17 Wall., 168; United States V. Cruikshank et al., 92 U. S., 542 ; Callan v. Wilson, 127 U. S., 640. [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 accord- ing to the rules of the common laAV. United States v. La Vengeance, 3 Dall., 297 ; United States v. Hudson, 7 Cr., 32 ; United States v. Coohdge, 1 Wh., 415; Bank of Columbia v. Oakley, 4 Wh., 235 ; Parsons v. Bedford et al., 3 Pet., 433 ; Lessee of Livingston v. Moore et al., 7 Pet., 469 ; Webster v. Reid, 11 How., 437 ; The Justices v. Murray, 9 Wall., 274 ; Edwards v. Elliott et al., 21 Wall., 532 ; Pearson v. Yewdall, 95 U. S., 294 ; McElrath v. The United States, 102 U. S., 426 ; Spies v. Illinois, 123 U. S., 131 ; Arkansas Valley Land and Cattle Company v. Mann, 130 U. S., 69 ; Scott v. Neely, 140 U. S., 106 ; Cates v. Allen, 147 U. S., 451. [ARTICLE VIII.] E-^cessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. Pervear v. Commonwealth, 5 Wall. , 475. CONSTITUTION OF THE UNITED STATES. — 1787. 65 [ARTICLE IX.] • The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained 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, 1 Wli. , 304 ; McCulloch v. State of Maryland, 4 Wli., 316 ; Anderson v. Dunn., 6 Wh., 204; Coliens v. Virginia, 6 Wh., 264; Osborn v. United States Bank, 9 Wh., 738 ; 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. [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. v. Virginia, 3 Dall., 378 ; Cohen v. Virginia, 6 Wh., 264 ; Osborn v. United States Bank, 9 Wh., 738 ; United States v. The Planters' Bank, 9 Wh., 904 ; The Governor of Georgia v. Juan Madrazo, 1 Pet., 110 ; Cherokee Nation v. State of Georgia, 5 Pet., 1 ; Briscoe v. The Bank of the Commonwealth of Kentucky, 11 Pet., 257 ; Curran v. State of Arkansas et al., 15 How., 304 ; New Hampshire v. Louisiana, 108 U. S., 76 ; New York v. Louisiana, 108 U.S., 76; Hagood v. Southern, 117 U. S., 52; In re Ayers, 123 U. S., 443; Lincoln County v. Luning, 133 U. S., 529 ; Haws v. Louisiana, 134 U. S., 1 ; Pennoyer v. McConnaughy, 140 U. S., 1 ; Reagan v. Farmers' Loan and Trust Company, 154 U. S., 362. The eleventh amendment to the Constitution of the United States was proposed to the legislatures of the several States by the Third Con- 66 CONSTITUTION OF THE tJNITED STATES. — 1787. gress, on the 5th September, 1794 ; and was declared in a message from the President to Congress, dated the 8th of January, 1798, to have been ratified by the legislatures of three-fourths of the States. [ARTICLE XII.] The Electors shall meet in their respective states, and vote by ballot for President and Vice-President, one of whom, at least, shall not be an inhabitant of the same state with themselves; they shall name in their ballots the person voted for as President, and in distinct ballots the person voted for as Vice-President, and they shall make distinct lists of all persons voted for as President, and of all persons voted for as Vice-President, and of the number of votes for each, which lists they shall sign and certify, and transmit sealed to the seat of the government of the United States, directed to the President of the Senate; — The President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certifi- cates and the votes shall then be counted; — The person having the greatest number of votes for President, shall be the President, if such number be a majority of the whole number of Electors appointed; and if no person have such majority, then from the persons having the highest numbers not exceeding three on the list of those voted for as President, the House of Representatives shall choose immediately, by ballot, the President. But in choos- ing 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 Representa- tives shall not choose a President whenever the right of choice shall devolve upon them, before the fourth day of March next following, then the Vice-President shall act as President, as in the case of the death or other consti- CONSTITUTION OF THE UNITED STATES. — 1787. 67 tutional 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 num- ber of Senators, and a majority of the whole number shall be necessary to a choice. But no person constitutionally ineligible to the oflfice of President shall be eligible to that of Vice-President of the United States. The 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 procla- mation of the Secretary of State, dated the 25th of September, 1804, to have been ratified by the legislatures of three-fourths of the States. ARTICLE XIII. Section 1. Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction. Section 2. Congress shall have power to enforce this article by appropriate legislation. Dred Scott v. Sanford, 19 How., 393 ; White v. Hart, 13 Wall., 646 ; Osborn v. Nicholson, 13 Wall., 654 ; Slaughter-house Cases, 16 Wall., 36 ; Civil Rights Cases, 109 U. S., 3. 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 1st of February, 1865, and was declared, in a proclamation of the Secretary of State, dated the 18th of December, 1865, to have been ratified by the legislatures 6f twenty-seven of the thirty-six States, viz : Illinois, Rhode Island, Michigan, Maryland, New York, West Virginia, Maine, Kansas, Massachusetts, Pennsylvania, Virginia, Ohio, Missouri, Nevada, Indiana, Louisiana, Minnesota, Wis- consin, Vermont, Tennessee, Arkansas, Connecticut, New Hampshire, South Carolina, Alabama, North Carolina, and Georgia. 68 CONSTITUTION OF THE UNITED STATES. — 1787. ARTICLE XIV. Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States ; nor shall any State deprive any person of life, liberty, or property, without due process of law ; nor deny to any per- son within its jurisdiction the equal protection of the laws. Section 2. Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State, ex- cluding Indians not taxed. But when the right to vote at any election for the choice of electors for President and Vice President of the United States, Representatives in Congress, the Executive and Judicial officers of a State, or the members of the Legislature thereof, is denied to any of the male inhab- itants of such State, being twenty-one years of age, and citi- zens of the United States, or in any way abridged, except for participation in rebellion, or other crime, the basis of repre- sentation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such State. Section 3. No person shall be a Senator or Representa- tive in Congress, or elector of President and Vice President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer 6f 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. CONSTITUTION OF THE UNITED STATES. 1787. 69 Section 4. The validity of the public debt of the United States, authorized by law, including debts incurred for pay- ment 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 ; Slaughter-house Cases, 16 Wall., 36 ; Brad well v. The State, 16 Wall., 130 ; Bartemeyer v. Iowa, 18 Wall., 129; Minor v. Happersett, 21 Wall., 162; Walker v. 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 ; McMillan v. Anderson, 95 U. S., 37 ; Pennoyer v. Neff, 95 U. S., 714 ; Railroad Company v. Richmond, 96 U. S., 521 ; Davidson v. New Orleans, 96 U. S., 97 ; United States v. Union Pacific Railroad Company, 98 U. S., 669 ; Sinking Fund Cases, 99 U. S., 700 ; Strauder v. West Virginia, 100 U. S., 303 ; Virginia v. Rines, 100 U. S., 313 ; Ex parte Virginia, 100 U. S., 389 ; Missouri v. Lewis, 101 U. S., 22 ; Langford v. The United States, 101 U. S., 141 ; United States v. Harris, 106 U. S., 629 ; Pace v. Alabama, 106 U. S., 583 ; Bush v. Kentucky, 107 U. S., 110 ; Gross v. The United States Mortgage Company, 108 U. S., 477 ; Civil Rights Cases, 109 U. S., 3 ; Louisiana v. New Orleans, 109 U. S., 285 ; Hurtado v. California, 110 U.S., 516; Hager v. Reclamation District, 111 U.S., 701; Elk v. Wilkins, 112 U.S., 94; Foster v. Kansas, 112 U.S., 201; Head v. Amoskeag Manufacturing Company, 113 U. S., 9; Barbier v. Connolly, 113 U.S., 27 ; Provident Institution v. Jersey City, 113 U. S., 506; Soon Hing v. Crowley, 113 U. S., 703 ; Wurts v. Hoagland, 114 U.S., 606 ; Kentucky Railroad Tax Cases, 115 U. S., 321; Campbell v. Holt, 115 U. S., 620; Presser v. Illinois, 116 U. S., 252; Missouri Pacific Rail- road Company v. Humes, 116 U. S., 512 ; Yick Wo v. Hopkins, 118 U. S., 350 ; Santa Clara County v. Southern Pacific Railroad, 118 U. S., 394 ; Philadelphia Fire Association v. New York, 119 U. S., 110 ; Schmidt V.Cobb, 119 U.S., 286; Hayes v. Missouri, 120 U.S., 68; Mugler v. Kansas, 123 U. S., 623 ; Pembina Mining Company v. Pennsylvania, 125 U. S., 181 ; Spencer v. Merchant, 125 U. S., 345 ; Dow v. Beidelman, 125 U. S., 680 ; Ro Bards v. Lamb, 127 U. S., 58 ; Missouri Pacific Rail- way Company v. Mackey, 127 U. S., 205, also 210 ; Powell v. Pennsyl- 70 CONSTITUTION OF THE UNITED STATES. — 1787. vaiiia, 127 U. S., 678 ; Kidd v. Pearson, 128 U. S., 1 ; Nashville and Chattanooga Railway v. Alabama, 128 U. S., 96 ; Walstein v. Nevin, 128 U. S., 578; Minneapolis and St. Louis Railway v. Beckwith, 129 U. S., 26; Dente v. West Virginia, 129 U. S., 114; Freeland v. Williams, 131 U. S., 405 ; Eilenbecker v. Plymouth County, 134 U. S., 31 ; Bell Gap Railroad Company v. Pennsylvania, 134 U. S., 232 ; In re Converse, 137 U. S., 624 ; Caldwell v. Texas, 137 U. S., 692 ; Leeper v. Texas, 139 U. S., 462 ; In re Manning, 139 U. S., 504 ; Natal v. Louisiana, 139 U. S., 621 ; Lent V. Tillson, 140 U. S., 316 ; Waukauna Water Power Company v. Green Bay, etc., 142 U. S., 254; Jennings v. Coal Ridge Coal Company, 147 U. S., 147 ; Charlotte, Augusta, and Columbia Railroad Company v. Gibbes, 142 U. S., 386 ; Counselman v. Hitchcock, 142 U. S., 547 ; New York V. Squires, 145 U. S., 175 ; Morley v. Lake Shore and Michigan Southern Railway Company, 146 U. S., 162 ; Hallinger v. Davis, 146 U. S., 314 ; Paulsen v. Portland, 149 U. S., 30 , Columbus Southern Rail- way Company v. Wright, 151 U. S., 470; Lawson v. Steele, 152 U. S., 133 ; Duncan v. Missouri, 152 U. S., 377 ; Marchant v. Pennsylvania Rail- road Company, 153 U. S., 380 ; Scott v. McNeal, 154 U. S., 34 ; Reagan v. Farmers' Loan and Trust Company, 154 U. S,, 362 ; Pittsburg, Cincinnati, Chicago, and St. Louis Railway Company u. Bachus, 154 U. S., 421. The fourteenth amendment to the Constitution of the United States was proposed to the legislatures of the several States by the Thirty-ninth Congress, on the 16th of June, 1866. On the 21st of July, 1868, Congress adopted and transmitted to the Department of State a concurrent resolu- tion, 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, Indiana, Minnesota, New Hampshire, Massachusetts, Nebraska, Iowa, Arkansas, Florida, North Carolina, Alabama, South Carolina, and Louisiana, being three-fourths and more 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, Besolvedy That said fourteenth article is hereby declared to be a part of the Constitution of the United States, and it shall be duly promulgated as such by the Secretary of State." The Secretary of State accordingly issued a proclamation, dated the 28th of July, 1868, declaring that the proposed fourteenth amendment had been ratified, in the manner here- after mentioned, by the legislatures of thirty of the thirty-six States, viz. : Connecticut, June 30, 1866 ; New Hampshire, July 7, 1866 ; Tennessee, July 19, 1866 ; New Jersey, September 11, 1866, (and the legislature of the same State passed a resolution hi April, 1868, to withdraw its consent to it ;) Oregon, September 19, 1866 ; Vermont, November 9, 1866 ; Georgia rejected it November 13, 1866, 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, 1868 ; New York ratified it January 10, 1867 ; Ohio ratified it January 11, 1867, (and the legislature of the same State passed a resolution in January, 1868, to withdraw its consent to it ;) Illinois ratified it January 15, 1867 ; West Virginia, January 16, 1867 ; Kansas, January 18, 1867 ; Maine, January CONSTITUTION OF THE UNITED STATES. — 1787. 71 19, 1867 ; Nevada, January 22, 1867 ; Missouri, January 26, 1867 ; Indiana, January 29, 1867 ; Minnesota, February 1, 1867 ; Rhode Island, February 7, .1867 ; Wisconsin, February 13, 1867 ; Pennsylvania, Feb- ruary 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; Louisiana, July 9, 1868; and Alabama, July 13, 1868. Georgia again ratified the amendment February 2, 1870. Texas rejected it November 1, 1866, and ratified it February 18, 1870. Virginia rejected it January 19, 1867, and ratified October 8, 1869. The amendment was rejected by Kentucky January 10, 1867 ; by Delaware February 8, 1967 ; by Maryland March 23, 1867 ; and was not afterward ratified by either State. ARTICLE XV. Section 1. The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude. Section 2. The Congress shall have power to enforce this article by appropriate legislation. United States v. Reese et al., 92 U. S., 214 ; United States v. Cruik- shank et al., 92 U. S., 542 ; Neal v. Delaware 103 U. S. 370; Ex parte Yarborough, 110 U. S., 651. The fifteenth amendment to the Constitution of the United States was proposed to the legislatures of the several StJites by the Fortieth Congress, on the 27th of February, 1869, and was declared, in a proc- lamation 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 recep- tion at the Department of State) were : from North Carolina, March 5, 1869 ; West Virginia, March 3, 1869 ; Massachusetts, March 9-12, 1869 ; Wisconsin, March 9, 1869 ; Maine, March 12, 1869 ; Louisiana, March 5, 1869; Michigan, March 8, 1869; South Carolina, March 16, 1869; 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 legis- lature of the same State passed a resolution January 5, 1870, to with- draw its consent to it ;) New Hampshire, July 7, 1869 ; Nevada, March 1, 1869; Vermont, October 21, 1869; Virginia, October 8, 1869; Mis^ souri, January 10, 1870 ; Mississippi, January 15-17, 1870 ; Ohio, Janu- ary 27, 1870 ; Iowa, February 3, 1870 ; Kansas, January 18-19, 1870 ; Minnesota, February 19, 1870 ; Rhode Island, January 18, 1870 ; Ne- braska, February 17, 1870 ; Texas, February 18, 1870. The State of Georgia also ratified the amendment February 2, 1870. ANALYTICAL INDEX TO THE CONSTITUTION OF THE UNITED STATES AND THE AMENDMENTS THERETO. A. Art. Sec. CI. Page. Abridged. The privileges or immunities of citizens of the United States shall not be [Amendments] 14 1 — 68 Absent members^ in such manner and under such penalties as it may provide. Each House is authorized to com- pel the attendance of 1 6 1 37 Accounts of receipts and expenditures of public money shall be published from time to time. A statement of the 1 9 7 45 Accusation. In all criminal prosecutions the accused shall be informed of the cause and nature of the [Amend- ments] 6 — — 64 Accused shall have a speedy public trial. In all criminal prosecutions the [Amendments] 6 — — 64 He shall be tried by an impartial jury of the State and district where the crime was committed. [Amend- ments] 6 — — 64 He shall be informed of the nature of the accusation. [Amendments] 6 — — 64 He shall be confronted with the witnesses against him. [Amendments] 6 — — 64 He shall have compulsory process.f or obtaining witnesses in his favor. [Amendments] 6 — — 64 He shall have the assistance of counsel for his defense. [Amendments] 6 — — 64 Actions at common law involving over twenty dollars shall be tried by jury. [Amendments].. 7 — — 64 73 74 INDEX TO THE CONSTITUTION. Art. Sec. CI. Page. Acts^ records, and judicial proceedings of another State. Full faith and credit shall he given in each State to the 4 1 — 56 Acts. Congress shall prescribe the manner of proving such acts, records, and proceedings 4 1 — 56 Adjourn from day to day. A smaller number than a quorum of each House may 1 5 1 37 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 Congress, without the consent of the other 1 5 4 38 Adjournment^ the President may adjourn them to such time as he shall think proper. In case of disagreement between the two Houses as to 2 3 — 52 Admiralty and maritime jurisdiction. The judicial power shall extend to all cases of 3 2 — 53 Admitted by the Congress into this Union, but no new State shall be formed or erected within the jurisdiction of any other State. New States may be 4 3 1 57 Nor shall any State be formed by the junction of two or more States, or parts of States, without the con- sent of the legislatures and of Congress 4 3 1 57 Adoption of the Constitution shall be valid. All debts and engagements contracted by the confederation and before the 6 — 1 59 Advice and consent of the Senate. The President shall have power to make treaties by and with the 2 2 2 51 To appoint ambassadors or other public ministers and consuls by and with the 2 2 2 51 To appoint all other officers of the United States not herein otherwise provided for by and with the 2 2 2 51 Afflrmation. Senators sitting to try impeachments shall be on oath or 1 3 6 36 To be taken by the President of the United States. Form of the oath or 2 1 7 51 No warrants shall be issued but upon probable cause and on oath or [Amendments] 4 — — 62 To support the Constitution. Senators and Representa- tives, members of State legislatures, executive and judicial officers, both State and Federal, shall be bound by oath or 6 — 3 59 Age. No person shall be a Representative who shall not have attained twenty-five years of 1 2 2 35 No person shall be a Senator who shall not have attained thirty years of 1 3 3 35 INDEX TO THE CONSTITUTION. 75 Art. Sec. CI. Page. Agreement or compact with another State without the con- sent of Congress. No state shall enter into any 110 3 49 Aid and comfort. Treason against the United States shall consist in levying war against them, adhering to their enemies, and giving them 3 3 1 55~ Alliance or confederation. No State shall enter into any treaty of 1 10 1 46 Ambassadors, or other public ministersi and consuls. The President may appoint 2 2 2 51 The judicial power of the United States shall extend to all cases affecting 3 2 1 53 Amendments to the Constitution. Whenever two-thirds of both Houses shall deem it necessary, Congress shall propose 5 — — 58 To the Constitution. On application of the legislatures oftwo-thirds of the States, Congress shall call a con- vention to propose 5 — — 58 Shall be valid when ratified by the legislatures of, or by conventions in, three-fourths of the States 5 — — 58 Answer for a capital or infamous crime unless on present- ment of a grand jury. No person shall be held to [Amendments] 5 — — 63 Except in cases in the land or naval forces, or in the militia when in actual service. [Amendments] 5 — — 63 Appellate jurisdiction both as to law and fact, with such exceptions and under such regulations as Congress shall make. In what cases the Supreme Court shall have 3 2 2 55 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 — 58 Application of the legislatures of two-thirds of the States, Congi-ess shall call a convention for proposing amend- ments to the Constitution. On the 5 — — 58 Appointment of officers and authority to train the militia reserved to the States respectively 1 8 16 43 Of such inferior officers as they may think proper in the President alone. Congress may by law vest the. . . 2 2 2 51 In the courts of law or in the heads of departments. Congress may by law vest the 2 2 2 51 Apportionment of representation and direct taxation among the several States. Provisions relating to the [Re- pealed by sec. 2 of 14th amendment, on page 31] . . 1 2 3 35 Of Representatives among the several States. Provi- sions relating to the [Amendments] 14 2 — 68 76 INDEX TO THE CONSTITUTION. Art. Sec. CI. Page. 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 1 Congress shall have power to enforce the thirteenth arti- cle, prohibiting slavery by [Amendments] 13 Congress shall have power to enforce the provisions of the fourteenth article by [Amendments] 14 Congress shall have power to enforce the provisions of the fifteenth article by [Amendments] 15 Appropriation of money for raising and supporting armies shall be for a longer term than two years. But no . . Appropriations made by law. No money shall be drawn from the Treasury but in consequence of Approve and sign a bill before it shall become a law. The President shall He shall return it to the House in which it originated, with his objections, if he do not Armies, but no appropriation for that use shall be for a longer term than two years. Congress shall have power to raise and support Armies. Congress shall make rules for the government and regulation of the land and naval forces 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 bear [Amendments] 2 Arrest during their attendance at the session of their re- spective Houses, and in going to and returning from the same. Members shall in all cases, except trea- son, felony, and breach of the peace, be privileged from 1 Arsenals. Congress shall exercise exclusive authority over all places purchased for the erection of 1 Articles exported from any State. No tax or duty shall be laid on 1 Arts by securing to authors and inventors their patent rights. Congress may promote the progress of science and the useful 1 Assistance of counsel for his defense. In all criminal prose- cutions the accused shall have the [Amendments]. 6 Assumption of the debt or obligations incurred in aid of rebellion or insurrection against the United States. Provisions against the [Amendments] 14 Attainder or ex post facto law shall be passed. No bill of . . 1 8 18 44 2 — 67 5 — 69 2 — 71 8 12 43 9 7 45 7 2 38 7 2 38 8 12 43 8 14 43 — — 62 6 1 88 8 17 43 9 5 45 8 8 42 — — 64 4 69 9 3 45 INDEX TO THE CONSTITUTION. 77 Art. Sec. CI. Page. Attainder, ex post facto law, or law impairing the obliga- tion of contracts. No State sh^ll pass any bill of. . . 1 10 1 46 Attainder of treason shall not work corruption of blood or forfeiture, except during the life of the person at- tainted 3 3 2 5C~ Authors and inventors the exclusive right to their writ- ings and inventions. Congress shall have power to secure to 1 8 8 42 B. Bail Excessive bail shall not be required, nor excessive fines nor cruel and unusual punishments imposed. [Amendments] 8 — — 64 Ballot for President and Vice-President. The electors shall vote by [Amendments] 12 — — 66 Ballot. If no person have a majority of the electoral votes for President and Vice-President, the House of Rep- resentatives shall immediately choose the President by [Amendments] 12 — — 66 Bankruptcies. Congress shall have power to pass uniform laws on the subject of 1 8 4 42 Basis of representation among the several States. Provi- sions relating to the [Amendments] 14 2 — 68 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 — — 62 Behavior. The judges of the Supreme and inferior courts shall hold their offices during good 3 Bill of attainder or ex post facto law shall be passed. No . . 1 Bill of attainder, or ex post facto law, or law impairing the obligation of contracts. No State shall pass any 1 Bills of credit. No State shall emit 1 Bills for raising revenue shall originate in the House of Representatives. All 1 7 1 38 Bills which shall have passed the Senate and House of Rep- resentatives shall, before they become laws, be. pre- sented to the President 1 7 '2 38 If he approve, he shall sign them ; if he disapprove, he shall return them, with his objections, to that House in which they originated 1 7 2 38 Upon the reconsideration of a bill returned by the Presi- dent with his objections, if two-thirds of each House agree to pass the same, it shall become a law 1 7 2 38 Upon the reconsideration of a bill returned by the Presi- dent, the question shall be taken by yeas and nays . . 1 7 2 38 1 — 53 9 3 45 10 1 46 10 1 46 78 INDEX TO THE CONSTITUTION. Art. Sec. CI. Page. Bills. Not returned by the President within ten days (Sundays excepted), shall, unless Congress adjourn, become laws 1 7 2 38 Borrow money on the credit of the United States. Con- gress shall have power to 1 8 2 40 Bounties and pensions, shall not be questioned. The valid- * ity of the public debt incurred in suppressing insur- rection and rebellion against the United States, including the debt for [Amendments] 14 4 — 69 Breach of the peace, shall be privileged from arrest while attending the session, and in going to and returning from the same. Senators and Representatives, ex- cept for treason, felony, and 1 6 1 38 Bribery^ or other high crimes and misdemeanors. The President, Vice-President, and all civil officers shall be removed on impeachment for and conviction of treason 2 4 — 52 C. Capital or otherwise infamous crime, unless on indictment of a grand jury, except in certain specified cases. No person shall be held to answer for a [Amend- ments] 5 — — 63 Capitation or other direct tax shall be laid unless in propor- tion to the census or enumeration. No » . 1 9 4 45 Captures on land and water. Congress shall make rules concerning 1 8 11 43 Casting vote. The Vice-President shall have no vote unless the Senate be equally divided 1 3 4 36 Census or enumeration of the inhabitants shall be made within three years after the first meeting of Con- gress, and within every subsequent term of ten years thereafter 1 2 3 35 Census or enumeration. No capitation or other direct tax shall be laid except in proportion to the 1 9 4 45 Chief Justice shall preside when the President of the United States is tried upon impeachment. The 1 3 6 36 Choosing the electors and the day on which they shall give their votes, which shall be the same throughout the United States. Congress may determine the time of 2 1 3 50 Citizen of the United States at the adoption of the Consti- tution shall be eligible to the office of President. No person not a natural-born 2 1 4 50 Citizen of the United States. No person shall be a Senator INDEX TO THE CONSTITUTION. 79 who shall not have attained the age of thirty years, and been nine years a Citizen of the United States. No person shall be a Eepre- sentative who shall not have attained the age of twenty-five years, and been seven years a Citizenship. Citizens of each State shall be entitled to all the privileges and immunities of citizens of the several 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 re- side. [Amendments] No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States. [Amendments] Nor shall any State deprive any person of life, liberty, or property without due process of law. [Amend- ments] Nor deny to any person within its jurisdiction the equal protection of the laws. [Amendments] 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] . . . Civil officers of the United States shall, on impeachment for and conviction of treason, bribery, or high crimes and misdemeanors, be removed. All Claims of the United States or any particular State in the territory or public property. Nothing in this Consti- tution shall be construed to prejudice 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 year The seats of the Senators of the second class at the ex- piration of the fourth year The seats of the Senators of the third class at the expi- ration of the sixth year Coin a tender in payment of debts. No State shall make anything but gold and silver Coin money and regulate the value thereof and of foreign coin. Congress shall have power to Coin of the United States. Congress shall provide for pun- ishing the counterfeiting the securities and current . . Art. Sec. CI. Page. 1 3 3 50 1 2 1 35" 4 2 1 57 14 1 14 1 14 1 2 4 68 14 1 — 68 68 68 11 _ _ 65 52 4 3 2 58 3 2 36 3 2 36 3 2 36 3 2 36 10 1 46 8 5 42 8 6 42 80 INDEX TO THE CONSTITUTION. Art. Sec. CI. Page. Color, or previous condition of servitude. The right of citizens of the United States to vote shall not be de- nied or abridged by the United States or by any State on account of race. [Amendments] 15 1 — 71 Comfort. Treason against the United States shall consist in levying war against them, and giving their enemies aid and 3 3 1 55 Commander-in-Chief of the Army and Navy, and of the militia when in actual service. The President shall be 2 2 1 51 Commerce with foreign nations, among the State's, and with Indian tribes. Congress shall have power to regu- late 1 8 3 40 Commerce or revenue. No preference shall be given to the ports of one State over those of another by any regu- lation of 1 9 6 45 Vessels clearing from the ports of one State shall not pay duties in those of another 1 9 G 45 Commissions to expire at the end of the next session. The President may fill vacancies that happen in the re- cess of the Senate by granting 2 2 3 52 Common defense, promote the general welfare, etc. To insure the [Preamble] — — — 33 Common defense and general welfare. Congress shall have power to provide for the 1 8 1 39 Common law, where the amount involved exceeds twenty dollars, shall be tried by jury. Suits at [Amend- ments] 7- — — 64 No fact tried by a jury shall be otherwise reexamined in any court of the United States than according to the rules of the [Amendments] • • • • 7 — — 64 Compact with another State. No State shall, without the consent of Congress, enter into any agreement or. . . 1 10 3 49 Compact with a foreign power. No State shall, without the consent of Congress, enter into any agreement or. . . 1 10 3 49 Compensation of Senators and Kepresentatives to be ascer- tained by law 1 6 1 38 Compensation of the President shall not be increased nor diminished during the period for which he shall be elected 2 1 6 50 Compensation of the judges of the Supreme and inferior courts shall not be diminished during their continu- ance in office 3 1 — 63 Compensation. Private property shall not be taken for pub- lic use without just [Amendments] 5 — — 63 INDEX TO THE CONSTITUTION. 81 ^rt. Sec. CI. Page. Compulsory process for obtaining witnesses in his- favor. In criminal prosecutions tlie accused shall have [Amendments] 6 Confederation. No State shall enter into any treaty, alliance, or 1 Confederation. All debts contracted and engagements entered into before the adoption of this Constitution shall be valid against the United States under it, as under the 6 Confession in open court. Conviction of treason shall be on the testimony of two persons to the overt act, or upon Congress of the United States. All legislative powers shall be vested in a Shall consist of a Senate and House of Representatives Shall assemble at least once in every year, which shall be on the first Monday of December, unless they by law appoint a different day May at any time alter regulations for elections of Sena- tors and Representatives, except as to the places of choosing Senators Each House shall be the judge of the elections, returns, and qualifications of its own members A majority of each House shall constitute a quorum to do business A smaller number may adjourn from day to day and compel the attendance of absent members Each House may determine the rules of its proceedings, punish its members for disorderly behavior, and, with the concurrence of two-thirds, expel a member Each House shall keep a journal of its proceedings Neither House, during the session of Congress, shall, without the consent of the other, adjourn for more than three days Senators and Representatives shall receive a compensa- tion to be ascertained by law They shall in all cases, except treason, felony, and breach of the peace, be privileged from arrest during attend- ance at their respective Houses, and in going to and returning from the same No Senator or Representative shall, during his term, be appointed to any civil office which shall have been created, or of which the emoluments shall have been increased, during such term No person holding any office under the United States, — — 64 10 1 411 — 1 59 3 3 1 55 1 — 34 1 — 34 4 2 37 4 1 37 5 1 37 5 1 37 5 1 37 5 2 37 5 3 37 5 4 38 6 1 38 6 1 38 6 2 38 82 INDEX TO THE CONSTITUTION. shall, while in office, be a member of either House of Congress Congress of the United States. All bills for raising revenue shall originate in the House of Representatives Proceedings in cases of bills returned by the President with his objections Shall have power to lay and collect duties, imposts, and excises, pay the debts, and provide for the common defense and general welfare Shall have power to borrow money on the credit of the United States To regulate foreign and domestic commerce, and with the Indian tribes To establish uniform rule of naturalization and uniform laws on the subject of bankruptcies To coin money, regulate its value and the value of foreign coin, and to fix the standard of weights and meas- ures To punish the counterfeiting the securities and current coin of the United States To establish post-offices and post-roads To promote the progress of science and the useful arts. To constitute tribunals inferior to the Supreme Court. . To define and punish piracies and felonies on the high seas and to punish offenses against the law of nations To declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water. . To raise and support armies, but no appropriation of money to that use shall be for a longer term than two years To provide and maintain a Navy To make rules for the government of the Army and Navy. To call out the militia to execute the laws, suppress in- surrections, and repel invasions To provide for organizing, arming, and equipping the militia To exercise exclusive legislation over the District fixed for the seat of government, and over forts, magazines, arsenals, and dockyards To make all laws necessary and proper to carry into exe- cution all powers vested by the Constitution in the Government of the United States No person holding any office under the United States shall accept of any present, emolument, office, or title Sec. CI. Page. 6 2 38 7 1 38 7 2 38' 8 1 39 8 2 40 8 3 40 8 4 42 8 5 42 8 6 42 8 7 42 8 8 42 8 9 42 8 10 42 8 11 43 8 12 43 8 13 43 8 14 43 8 15 43 8 16 43 8 17 43 8 18 44 INDEX TO THECONSTlTUTiOK. 8S Art. Sec. CI. Page. of any kind from any foreign state, without the con- sent of 1 9 8 46 Congress of the United States. May determine the time of choosing the electors for President and Vice- _ President and the day on which they shall give their votes 2 1 3 50 The President may, on extraordinary occasions, convene either House of 2 3 — 52 The manner in which the acts, records, and judicial pro- ceedings of the States shall be prescribed by 4 1 — 56 New States may be admitted by Congress into this Union 4 3 1 57 Shall have power to make all needful rules and regula- tions respecting the territory or other property belong- ing to the United States 4 3 2 58 Amendments to the Constitution shall be proposed when- ever it shall be deemed necessary by two-thirds of both Houses of 5 — — 58 Persons engaged in insurrection or rebellion against the United States disqualified for Senators or Representa- tives in [Amendments] 14 3 — 68 But such disqualification may be removed by a vote of two-thirds of both Houses of [Amendments] . , , . . 14 3 — 68 Shall have power to enforce, by appropriate legislation, the thirteenth amendment. [Amendments] 13 2 — 67 Shall have power to enforce, by appropriate legislation, the fourteenth amendment. [Amendments] 14 5 — 69 Shall have power to enforce, by appropriate legislation, the fifteenth amendment. [Amendments] 15 2 — 71 Consent. No State shall be deprived of its equal suffrage in the "Senate without its 5 — — 58 Consent of Congress. No person holding any office of profit or trust under the United States shall accept of any present, emolument, office, or title of any kind what- ever, from any king, prince, or foreign potentate, without the 1 9 8 46 No State shall lay any imposts, or duties on imports, except what may be absolutely necessary for execut- ing its inspection laws, without the 1 10 2 48 No State shall lay any duty of tonnage, keep troops or ships of war in time of peace without the 1 10 3 49 No State shall enter into any agreement or compact with another State, or with a foreign power, without the. 1 10 3 49 No State shall engage in war unless actually invaded, or in such imminent danger as will not admit of delay, without the 1 10 3 49 84 IKDEX TO THE CONSTITUTION. • Art. Sec. CI. Page. Consent of Congress. No new State shall be formed or erected within the jurisdiction of any other State, nor any State be formed by the junction of two or more States, or parts of States, without the consent of the legislatures thereof, as well as the 4 3 1 57 Consent of the legislature of the State in which the same may be. Congress shall exercise exclusive authority over all places purchased for the erection of forts, magazines, arsenals, dockyards, and other needful buildings by the 1 8 17 43 Consent of the legislatures of the States and of Congress. No States shall be formed by the junction of two or more States or parts of States without the .• 4 3 1 57 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 1 5 4 38 Consent of the owner. No soldier shall be quartered in time of peace in any house without the. [Amend- ments] 3 — — 62 Consent of the Senate. The President shall have power to make treaties, by and with the advice and 2 2 2 51 The President shall appoint embassadors, other public ministers and consuls, judges of the Supreme Court, and all other officers created by law and not other- wise herein provided for, by and with the advice and 2 2 2 51 Constitution, 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 the 1 » 8 18 44 Constitution, shall be eligible to the office of President. No person except a natural-born citizen, or a citizen at the time of the adoption of the 2 1 4 50 Constitution. The President, before he enters upon the execution of his office, shall take an oath to preserve, protect, and defend the 2 1 7 51 Constitution, laws, and treaties of the United States. The judicial power shall extend to all cases arising under the 3 2 1 63 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 4 3 2 58 Constitution. The manner in which amendments may be proposed and ratified 5 — — 58 INDEX TO THE CONSTITUTION. 85 Art. Sec. CI. Page. Constitution as under the Confederation shall be valid. All debts and engagements contracted before the adop- tion of the 6 — 1 59 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 G — 2 59 The judges in every State, anything in the constitution or laws of a State to the contrary notwithstanding, shall be bound thereby 6 — 2 59 Constitution. All officers, legislative, executive, and judi- cial, of the United States, and of the several States, shall be bound by an oath to support the 6 — 3 59 But no religious test shall ever be required as a qualifi- cation for any office or public trust 6 — 3 59 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 — — 60 Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people. The enumeration in the. [Amendments] 9 — — 65 Constitution^ nor prohibited by it to the States, are reserved to the State respectively or to the people. Powers not delegated to the United States by the. [Amend- ments] 10 — — 65 Constitution, and then engaged in rebellion against the United States. Disqualification for office imposed upon certain class of persons who took an oath to support the. [Amendments] 14 3 — 68 Constitution. Done in convention by the unanimous con- sent of the States present, September 17, 1787 7 — 2 60 Contracts. No State shall pass any ex post facto law, or law impairing the obligation of 1 10 1 46 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 differ- ent States ; between citizens of the same State claim- ing lands under grants of different States ; between a State or its citizens and foreign states, citizens, or sub- jects. The judicial power shall extend to 3 2 1 53 Convene Congress or either House, on extraordinary occa- sions. The President may 2 3 — 52 Convention for proposing amendments to the Constitution. Congress, on the application of two-thirds of the legislatures of the States, may call a 5 — — 58 86 INDEX TO THE CONSTITUTION. Art. Sec. CI. Page. Convention, by the unanimous consent of the States present on the 17th of September, 1787. Adoption of the Constitution in 7 — 2 60 Conventions of nine States shall be sufficient for the estab- lishment of the Constitution. The ratification of the 7 — — 60 Conviction in cases of impeachment sliall not be had with- out the concurrence of two-thirds of the members present 1 3 7 37 Copyrights to authors for limited times. Congress shall have power to provide for 1 8 8 42 Corruption of blood. Attainder of treason shall not work 3 3 2 5^5 Counsel for his defense. In all criminal prosecutions the accused shall have the assistance of. [Amendments] 6 — — 64 Counterfeiting the securities and current coin of the United States. Congress shall provide for the punishment of 1 8 6 42 Courts. Congress shall have power to constitute tribunals inferior to the Supreme Court 1 8 9 42 Courts of law. Congress may by law vest the appointment of such inferior officers as they think proper in the President alone, in the heads of departments, or in the 2 2 2 51 Courts as Congress may establish. The judicial power of the United States shall be vested in one Supreme Court and such inferior 3 1 — 53 Courts. The judges of the Supreme and inferior courts shall hold their offices during good behavior 3 1 — 53 Their compensation shall not be diminished during their continuance in office 3 1 — 63 Credit. No State shall emit bills of 1 10 1 40 Credit of the United States. Congress shall have power to borrow money on the 1 8 2 40 Credit shall be given in every other State to the public acts, records, and judicial proceedings of each State. Full faith and 4 1 — 56 Crime, unless on a presentment of a grand jury. No per- son shall be held to answer for a capital or otherwise infamous. [Amendments] 5 — — 63 Except in cases in the military and naval forces, or in the militia when in actual service. [Amendments]. 5 — — 03 Crimes and misdemeanors. The President, Vice-President, and all civil officers shall be removed on impeach- ment for and conviction of treason, bribery, or other 2 4 — 52 Cnmes, except in cases of impeachment, shall be tried by jury. All 3 2 3 55 They shall be tried in the State within which they may be committed 3 2 3 55 INDEX TO THE CONSTITUTION. 87 Art. Sec. CI. Page. Crimes. When not committed in a State, they shall be tried at the places which Congress may by law have provided 3 2 3 55 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. [Amendments] . 6 — — 64 He shall be informed of the nature and cause of the accusation. [Amendments] 6 — — 64 He shall be confronted with the witnesses against him. [Amendments] 6 — — 64 He shall have compulsory process for obtaining witnesses in his favor. [Amendments] 6 — — 64 He shall have the assistance of counsel in his defense. [Amendments] 6 — — 64 Criminate himself. No person as a witness shall be com- pelled to. [Amendments] 5 — — 63 Cruel and unusual punishments inflicted. Excessive bail shall not be required, nor excessive fines imposed, nor. [Amendments] 8 — — 64 D. Danger as will not admit of delay. No state shall, with- out the consent of Congress, engage in war, unless actually invaded, or in such imminent 1 10 3 49 Day on which they shall vote for President and Vice-Presi- dent, which shall be the same throughout the United States. Congress may determine the time of choos- ing the electors, and the 2 1 3 50 Day to day, and may be authorized to compel the attend- ance of absent members. A smaller number than a quorum of each House may adjourn from 1 5 1 37 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 1 5 50 Death., resignation, or inability of the President. Congress may provide by law for the case of the removal 2 1 5 50 Debt of the United States, including debts for pensions and bounties incurred in suppressing insurrection or rebellion, shall not be questioned. The validity of the public. [Amendments] .... 14 4 — 69 Debts. No State shall make anything but gold and silver coin a tender in payment of 1 10 1 46 Debts and provide for the common defense and general wel- fare of the United States. Congress shall have power to pay the 1 8 1 39 88 INDEX TO THE CONSTITUTIOK. Art. Sec. CI. Page. Debts and engagements contracted before the adoption of this Constitution shall be as valid against the United States, under it, as under the Confederation 6 — 1 59 Debts or obligations incurred in aid of insurrection or rebel- lion 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 — 69 Declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water. Con- gress shall have power to 1 8 11 43 Defense, promote the general welfare, &c. To insure the common. [Preamble] — — — 33 Defense and general welfare throughout the United States. Congress shall have power to pay the debts and pro- vide for the common 1 8 1 39 Defense. In all criminal prosecutions the accused shall have the assistance of counsel for his. [Amend- ments] 6 — — 64 Delaware entitled to one Representative in the first Con- gress -. 1 2 3 35 Delay. No State shall, without the consent of Congress, engage in war unless actually invaded, or in such imminent danger as will not admit of 1 10 3 49 Delegated to the United States, nor prohibited to the States, are reserved to the States or to the people. The powers not. [Amendments] 10 — — 65 Deny or disparage others retained by the people. The enumeration in the Constitution of certain rights shall not be construed to. [Amendments] 9 — — 65 Departments upon any subject relating to their duties. The President may require the written opinion of the principal officers in each of the executive 2 2 i 51 Departments. Congress may by law vest the appointment of inferior officers in the heads of 2 2 2 51 Direct tax shall be laid unless in proportion to the census or enumeration. No capitation or other 1 9 4 45 Direct taxes and Representatives, how apporti^ed among the several States. [Repealed by the second section of the fourteenth amendment] 1 2 3 35 Disability of the President and Vice-President. Provisions in case of the 2 1 5 50 Disability. No person shall be a Senator or Representa- tive in Congress, or presidential elector, or hold any office, civil or military, under the United States, or INDEX TO THE COKSTITTTTION. 89 Art. Sec. CI. Page, any State, who having previously taken an oath as a legislative, executive, or judicial officer of the United States, or of any State, to support the Consti- tution, afterward engaged in insurrection or rebellion against the United States. [Amendments] 14 3 — 68' Disability. But Congress may, by a vote of two-thirds of each House, remove such. [Amendments] 14 3 — 68 Disagreement between the two Houses as to the time of adjournment, the President may adjourn them to such time as he may think proper. In case of 2 3 — 52 Disorderly behavior. Each House may punish its members for 1 5 2 37 And with the concurrence of two-thirds expel a mem- ber 1 5 2 37 Disparage others retained by the people. The enumeration in the Constitution of certain rights shall not be con- strued to deny or. [Amendments] 9 — — 65 Disqualification. No Senator or Representative shall, during the time for which he was elected, be ap- pointed to any office under the United States which shall have been created or its emoluments increased during such term 1 6 2 38 No person holding any office under the United States shall be a member of either House during his contin- uance in office 1 6 2 38 No person shall be a member of either House, presiden- tial elector, or hold any office under the United States, or any State, who, having previously sworn to support the Constitution, afterward engaged in insur- rection or rebellion. [Amendments] 14 3 — 68 But Congress may, by a vote of two-thirds of each House, remove such disability. [Amend- ments] 14 3 — 68 District of Columbia. Congress shall exercise exclusive legislation in all cases over the 1 8 17 43 Dockyards. Congress shall have exclusive authority over all places purchased for the erection of 1 8 17 43 Domestic tranquillity, provide for the common defense, &c. To insure. [Preamble] — — — 33 Domestic violence. The United States shall protect each State against invasion and 4 4 — 58 Due process of lavj. No person shall be compelled, in any criminal case, to be a witness against himself, nor be deprived of life, liberty, or property without. [Amendments] 5 — — ^ 63 90 INDEX TO THE COKSTITITTION. 6 50 5 50 39 39 Art. Sec. CI. Due process of law. No State shall deprive any person of life, liberty, or property without. [Amendments] . . 14 1 — Duties and powers of the office of President, in case of his death, removal, or inability to act, shall devolve on the Vice-President 2 1 In case of the disability of the President and Vice-Presi- dent, Congress shall declare what officer shall act. . . 2 1 Duties, imposts, and excises. Congress shall have power to lay and collect taxes 1 8 Shall be uniform throughout the United States 1 8 Duties shall be laid on articles exported from any State. No tax or Duties in another State. Vessels clearing in the ports of one State shall not be obliged to pay On imports and exports, without the consent of Con- gress, except where necessary for executing its in- spection laws. No State shall lay any The net produce of all such duties shall be for the use of the Treasury of the United States All laws laying such duties shall be subject to the revis- ion and control of Congress 1 10 Duty of tonnage without the consent of Congress. No State shall lay any 1 10 3 49 9 5 45 45 10 2 48 10 2 48 48 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 legisla- tures of the States shall prescribe the times, places, and manner of holding 1 But Congress may, at any time, alter such regulations, except as to the places of choosing Senators 1 Returns and qualifications of its own members. Each House shall be the judge of the 1 Electors for members of the House of Representatives. Qualifications of 1 Electors for President and Vice-President. Each State shall appoint, in such manner as the legislature there- of 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. ... 2 But no Senator or Representative, or person holding an 1 3 50 50 1 37 1 37 1 37 1 35 2 49 INDEX TO THE CONSTITUTION. 91 Art. Sec. CI. Page. office of trust or profit under the United States, shall be appointed an elector 2 1 2 49 Electors for President and Vice-President. Congress may determine the time of choosing the electors and the day on which they shall give their votes 2 1 3 50^ Which day shall be the same throughout the United States, 2 1 3 50 The electors shall meet in their respective States and vote by ballot for President and Vice-President, one of whom, at least, shall not be an inhabitant of the same State with themselves. [Amendments] 12 — — 66 Electors shall name, in their ballots, the person voted for as President ; and in distinct ballots the person voted for as Vice-President. [Amendments] 12 — — 66 They shall make distinct lists of the persons voted for as President and of persons voted for as Vice-President, which they shall sign and certify, and transmit sealed to the seat of government, directed to the President of the Senate. [Amendments] 12 — — QQ No person having taken an oath as a legislative, execu- tive, or judicial officer of the United States, or of any State, and afterwards engaged in insurrection or re- bellion against the United States, shall be an elector. [Amendments] 14 3 — 68 But Congress may, by a vote of two-thirds of each House, remove such disability. [Amendments] 14 3 — 68 Emancipation of any slave shall be held to be illegal and void. Claims for the loss or. [Amendments] 14 4 — 69 Emit hills of credit. No State shall 1 10 1 46 Emolument 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 any 1 9 8 46 Enemies. Treason shall consist in levying war against the United States, in adhering to, or giving aid and comfort to their 3 3 1 55 Engagements contracted before the adoption of this Consti- tution shall be valid. All debts and 6 — 1 59 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 1 2 3 35 Ratio of representation not to exceed one for every 30,000 until the first enumeration shall be made 1 2 3 35 Enumeration in the Constitution of certain rights shall not be construed to deny or disparage others retained by the people. The [Amendments] 9 — — 65 92 INDEX TO THE CONSTITUTION. Art. Sec. CI. Page. Equal protection of the laws. No State shall deny to any person within its jurisdiction the. [Amend- ments] 14 1 — 68 Equal suffrage in the Senate. No State shall be deprived without its consent, of its 5 — — .58 Establishment of this Constitution between the States ratify- ing the same. The ratification of nine States shall be sufficient for the 7 — — 60 Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishment inflicted. [Amendments] 8 — — 64 Excises. Congress shall have power to lay and collect taxes, duties, imposts, and 1 8 1 39 Shall be uniform throughout the United States. All duties, imposts, and , 1 8 1 39 Exclusive legislation, in all cases, over such district as may become the seat of government. Congress shall exercise 1 8 17 43 Over all places purchased for the erection of forts, magazines, arsenals, dock-yards, and other needful buildings. Congress shall exercise 1 8 17 43 Executive of a State. The United States shall protect each State against invasion and domestic violence, on the application of the legislature or the 4 4 — 58 Executive and judicial officers of the United States and of the several States shall be bound by an oath to sup- port the Constitution 6 — 3 59 Executive departments. On subjects relating to their duties the President may require the written opinions of the principal officers in each of the 2 2 1 51 Congress may by law vest the appointment of inferior officers in the heads of 2 2 2 51 Executive power shall be vested in a President of the United States of America. The 2 1 1 49 Expel a member. Each House, with the concurrence of two-thirds, may 1 5 2 37 Expenditures of public money shall be published from time to time. A regular statement of the receipts and. . . 1 9 7 45 Exportations from any State. No tax or duty shall be laid on 1 9 5 45 Exports or imports, except upon certain conditions. No State shall, without the consent of Congress, lay any duties on 1 10 2 48 Laid by any State, shall be for the use of the Treasury. The net produce of all duties on 1 10 2 48 INDEX TO THE CONSTITUTION. 93 Art. Sec. CI. Page. Exports or imports, shall be subject to the revision and con- trol of Congress. All laws of the States laying duties on 1 10 2 48 Ex post facto law shall be passed. No bill of attainder or . 1 9 3 46 Ex post facto law, or law impairing the obligation of con- tracts. No State shall pass any bill of attainder 1 10 1 46 Extraordinary occasions. The President may convene both houses, or either House of Congress, on 2 3 — 52 F. Faith and credit in each State shall be given to the acts, records, and judicial proceedings of another State. Full 4 1 — 56 Felony, and breach of the peace. Members of Congress shall not be privileged from arrest for treason 1 6 1 38 Felonies committed on the high seas. Congress shall have power to define and punish piracies and 1 8 10 42 Fines. Excessive fines shall not be imposed. [Amend- ments] 8 — — 64 Foreign coin. Congress shall have power to coin money, fix the standard of weights and measures, and to regulate the value of 1 8 5 42 Foreign nations, among the States, and with the Indian tribes. Congress shall have power to regulate com- merce with 1 8 3 40 Foreign power. No State shall, without the consent of Congress, enter into any compact or agreement with any 1 10 3 49 Forfeiture, except during the life of the person attainted. Attainder of treason shall not work 3 3 2 56 i^onnafio?* of new States. Provisions relating to the 4 3 1 57 Form of Government. The United States shall guarantee to every State in this Union a republican 4 4 — 58 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 4 4 — 58 Forts, magazines, arsenals, dock-yards, and other needful buildings. Congress shall exercise exclusive au- thority over all places purchased for the erection of 1 8 17 43 Freedom of speech or the press. Congress shall make no law abridging the. [Amendments] 1 — — 61 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 — — 62 94 INDEX TO THE CONSTITUTION. Art. Sec. CI. Page. 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 57 Fugitives from service or labor in one State, escaping into another State, shall be delivered up to the party to w^hom such service or labor may be due 4 2 3 57 G. General welfare and secure the blessings of liberty, &c. To promote the. [Preamble] — — — 33 General welfare. Congress shall have power to provide for the common defense and 1 8 1 39 Georgia shall be entitled to three Representatives in the first Congress 1 2 3 35 Gold and silver coin a tender in payment of debts. No State shall make anything but 1 10 1 46 Good behavior. The judges of the Supreme and inferior courts shall hold their offices during 3 1 — 63 Government. The United States shall guarantee to every State in this Union a republican form of 4 4 — 58 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 4 4 — 58 Grand jury. No person shall be held to answer for a capital or otherwise infamous crime, unless on the present- ment of a. [Amendments] 5 — — 63 Except in cases arising in the land and naval forces, and in the militia when in actual service. [Amendments] 5 — — 63 Guarantee to every State in this Union a republican form of government. The United States shall. 4 4 — 58 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 4 4 — 58 H. Habeas corpus shall not be suspended unless in cases of rebellion or invasion. The writ of 1 9 2 44 Heads of departments. Congress may, by law, vest the appointment of inferior officers in the 2 2 2 51 On any subject relating to their duties, the President may require the written opinion of the principal officers in each of the 2 2 1 51 INDEX TO THE CONSTITUTION. 95 Art. Sec. CI. Page. High crimes and misdemeanors. The President, Vice-Presi- dent, and all civil officers shall be removed on im- peachment for and conviction of treason, bribery, or other House of Bepresentatives. Congress shall consist of a Senate and Shall be composed of members chosen every second year Qualifications of electors for members of the 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 The executives of the several States shall issue writs of election to fill vacancies in the Shall choose their Speaker and other officers Shall have the sole power of impeachment Shall be the judge of the elections, returns, and quali- fications of its own members A majority shall constitute a quorum to do business Less than a majority may adjourn from day to day, and compel the attendance of absent members May determine its own rules of proceedings May punish its members for disorderly behavior, and, with the concurrence of two-thirds, expel a member Shall keep a journal of its proceedings Shall not adjourn for more than three days during the session of Congress without the consent of the Senate Members shall not be questioned for any speech or debate in either House or in any other place No person holding any office under the United States shall, while holding such office, be a member of the No person, while a member of either House, shall be appointed to an office which shall have been created or the emoluments increased during his membership All bills for raising revenue shall originate in the The votes for President and Vice-President shall be counted in the presence of the Senate and. [Amend- ments] 12 If no person have a majority of electoral votes, then from the three highest on the list the House of Rep- resentatives shall immediately, by ballot, choose a President. [Amendments] 12 They shall vote by States, each State counting one vote. [Amendments] 12 A quorum shall consist of a member or members from two-thirds of the States, and a majority of all the 4 — 52 1 — 34 2 1 35 2 1 35 2 35 2 4 36 2 5 36 2 5 36 5 1 37 5 1 37 5 1 37 5 2 37 5 2 37 5 3 37 6 4 38 6 1 38 6 2 38 6 2 38 7 1 38 — — m — — m — — m 96 INDEX TO THE CONSTITUTION. Art. Sec. 01. Page States shall be necessary to the choice of a President. [Amendments] 12 — — 66 House of Bepresentatives. No person having as a legislative, executive, or judicial officer of the United States, or of any State, taken an oath to support the Constitu- tion, and afterwards engaged in insurrection or rebel- lion against the United States, shall be a member of the. [Amendments] 14 3 — 68 But Congress may, by a vote of tw^o-thirds of each House, remove such disability. [Amendments] 14 3 — 68 I. Imminent danger as will not admit of delay. No State shall, without the consent of Congress, engage in war, un- less actually invaded or in such 1 10 3 49 Immunities. Members of Congress shall, in all cases ex- cept treason, felony, and breach of the peace, be privileged from arrest during their attendance at the session of their respective houses, and in going and returning from the same 1 6 1 38 No soldier shall be quartered in any house without the consent of the owner in time of peace. [Amend- ments] 3 — — 62 No person shall be twice put in jeopardy of life and limb for the same offence. [Amendments] 5 — — 63 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 1 — 68 No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States. [Amendments] , 14 1 — 68 Nor shall any State deprive any person of life, liberty, or property without due process of law. [Amend- ments] 14 1 — 68 Nor deny to any person within its jurisdiction the equal protection of the law. [Amendments] 14 1 — 68 Impeachment. The President may grant reprieves and par- dons except in cases of 2 2 1 51 The House of Representatives shall have the sole power of 1 2 5 36 Impeachment for and conviction of treason, bribery, or other high crimes and misdemeanors. The President, Vice-President, and all civil officers shall be removed upon 2 4 — 52 INDEX TO THE CONSTITUTION. 97 Art. Sec. CI. Page. Impeachments. The Senate shall have the sole power to try- all ; 1 3 6 36 The Senate shall be on oath, or affirmation, when sitting for the trial of \ 1 3 6 36 When the President of the United States is tried the Chief Justice shall preside 1 3 6 36 No person shall be convicted without the concurrence of two-thirds of the members present 1 3 6 36 Judgment shall not extend beyond removal from office and disqualification to hold office 1 3 7 37 But the party convicted shall be liable to indictment and punishment according to law 1 3 7 37 Importation of slaves prior to 1808 shall not be prohibited by the Congress 1 9 1 44 But a tax or duty of ten dollars for each person may be imposed on such 1 9 1 44 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 1 10 2 48 Imports or exports laid by any State shall be for the use of the Treasury. The net produce of all duties on 1 10 2 48 Imports or exports shall be subject to the revision and con- trol of Congress. All laws of States laying duties on 1 10 2 48 Imposts and excises. Congress shall have power to lay and collect taxes, duties 1 8 1 39 Shall be uniform throughout the United States. All taxes, duties 1 8 1 39 Liability of the President, the powers and duties of his office shall devolve on the Vice-President. In case of the • death, resignation, or 2 1 5 50 Inability of the President or Vice-President. Congress may provide by law for the case of the removal, death, resignation, or 2 1 5 50 Indian tribes. Congress shall have power to regulate com- merce with the 1 8 3 40 Indictment or presentment of a grand jury. No person shall be held to answer for a capital or infamous crime unless on. [Amendments] 5 — — 63 Except in cases arising in the land and naval forces, and in the militia when in actual service. [Amend- ments] 5 — — 63 Indictment, trial, judgment, and punishment, according to law. The party convicted in case of impeachment shall nevertheless be liable and subject to 1 3 7 37 \)S INDEX TO THE CONSTITUTION. Art. Sec. CI. Page. Infamous crime unless on presentment or indictment of a grand jury. No person shall be held to answer for a capital or. [Amendments] 5 — — 63 Inferior comets. Congress shall have power to constitute tribunals inferior to the Supreme Court 1 8 9 42 Inferior courts as Congress may establish. The judicial power of the United States shall be vested in one Supreme Court and such 3 1 — 53 The judges of both the Supreme and inferior courts shall hold their offices during good behavior 3 1 — 53 Their compensation shall not be diminished during their continuance in office 3 1 — 53 Inferior officers in the courts of law, in the President alone, or in the heads of Departments. Congress, if they think proper, may by law vest the appointment of . . . 2 2 2 51 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, bean 1 3 3 36 Insurrection or rebellion against the United States. No person shall be a Senator or Representative in Con- gress, 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 — 68 . But Congress may, by a vote of two-thirds of each House, remove such disabilities. [Amendments] 14 3 — 08 Debts declared illegal and void which were contracted in aid of. [Amendments] , 14 4 -^ 69 Insurrections and repel invasions. Congress shall provide for calling forth the militia to suppress 1 8 15 43 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 1 10 3 49 The writ of habeas corpus shall not be suspended ■ unless in case of rebellion or 1 9 2 44 Invasion and domestic violence. The United States shall protect each State against 4 4 — 58 Invasions. Congress shall provide for calling forth the militia to suppress insurrections and repel 1 8 15 43 Inventors and authors in their inventions and writings. Congress may pass laws to secure for limited times exclusive rights to 1 8 8 42 INDEX TO THE CONSTITUTION. 99 Art. Sec. CI. Page. Involuntary servitude, except as a punishment for crime, abol- ished iu the United States. Slavery and. [Amend- ments] 13 1 — 67 J. Jeopardy of life and limb for the same offense. No person shall be twice put in. [Amendments] 6 — — 63 J^oztrwaZ of its proceedings. Each House shall keep a 1 6 3 37 Judges in every State shall be bound by the Constitution, the laws and treaties of the United States, which shall be the supreme law of the land 6 — 2 59 Judges of the Supreme and inferior courts shall hold their offices during good behavior 3 1 — 53 Their compensation shall not be diminished during their continuance in office 3 1 — 53 Judgment in cases of impeachment shall not extend further than to removal from office, and disqualification to hold any office of honor, trust, or profit under the United States 1 3 7 37 But the party convicted shall nevertheless be liable and subject to indictment, trial, judgment, and punish- ment according to law 1 3 7 37 Judicial power of the United States. Congress shall have power to constitute tribunals inferior to the Supreme Court 1 8 9 42 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 1 — 53 The judges of the Supreme and inferior courts shall hold their offices during good behavior 3 1 — 53 Their compensation shall not be diminished during their continuance in office 3 1 — 53 It shall extend to all cases in law and equity arising under the Constitution, laws, and treaties of the United States 3 2 1 53 To all cases affecting ambassadors, other public ministers, and consuls 3 To all cases of admiralty and maritime jurisdiction 3 To controversies to which the United States shall be a party 3 To controversies between two or more States 3 To controversies between a State and citizens of another State 3 To controversies between citizens of different States 3 2 53 2 53 2 53 2 53 2 53 2 53 100 INDEX TO THE CONSTITUTION. Art. Sec. CI. Page, Judicial power of the United States. To citizens of the same State claiming lands under grants of different States. 3 2 1 53 To controversies between a State or its citizens and for- eign states, citizens, or subjects 3 2 1 63 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 jurisdic- tion 3 2 2 55 In all other cases before mentioned, it shall have appel- late jurisdiction, both as to law and fact, with such exceptions and under such regulations as Congress shall make 3 2 2 55 The trial of all crimes, except in cases of impeachment, shall be by jury 3 2 3 55 The trial shall be held in the State where the crimes shall have been committed 3 2 3 55 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 65 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 citi- zens of another State, or by citizens or subjects of any foreign State. [Amendments] 11 — — 65 Judicial proceedings of every other State. Full faith and credit shall be given in each State to the acts, records, &c 4 1 — 66 Congress shall prescribe the manner of proving such acts, records, and proceedings 4 1 — 56 Judicial and executive officers of the United States and of the several States shall be bound by an oath to sup- port the Constitution 6 — 8 59 Judiciary. The' Supreme Court shall have original jurisdic- tion in all cases affecting ambassadors, other public ministers and consuls, and those in which a State may be a party 3 2 2 55 The Supreme Court shall have appellate jurisdiction both as to law and fact, with such exceptions and regulations as Congress may make 3 2 2 66 Junction of two or more States or parts of States without the consent of the legislatures and of Congress. No State shall be formed by the 4 3 1 57 Jurisdiction of another State. No new State shall, with- out the consent of Congress, be formed or erected within the 4 3 1 67 INDEX TO THE CONSTITUTin^f^^S \ ^'f . iO| Jurisdiction, both as to law and fact, with such exfeeptKjiib' ^ ' ' ' '' ^ '^ ^ ' ^ and under such regulations as Congress may make. The Supreme Court shall have appellate 3 2 2 55 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 55 Jury. The trial of all crimes, except in cases of impeach- ment, shall be by 3 2 3 55 In all criminal prosecutions the accused shall have a speedy and public trial by. [Amendments] 6 — — 64 All suits at common law, where the value exceeds twenty dollars, shall be tried by. [Amendments] 7 — — 64 Where a fact lias been tried by a jury it shall not be re-examined except by the rules of the common law. [Amendments] 7 — — 64 Just compensation. Private property shall not be taken for public use without. [Amendments] 5 — — 63 Justice, insure domestic tranquillity, &c. To establish. [Preamble] — — — 33 L. Labor, in one State escaping into another State shall be delivered up to the party to whom such service or labor may be due. Fugitives from service or 4 2 3 57 Land and naval forces. Congress shall make rules for the government and regulation of the 1 8 14 43 Laiv, due process of. [Amendments] 5 — — 63 Due process of. [Amendments] ... 14 1 — 68 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 55 Law of the land. The Constitution, the laws made in pursuance thereof, and treaties of the United States, shall be the supreme 6 — 2 59 The judges in every State shall be bound thereby 6 — 2 59 Law of nations. Congress shall provide for punishing offenses against the 1 8 10 42 Laws. Congress shall provide for calling forth the militia to suppress insurrection, repel invasion, and to exe- cute the 1 8 15 43 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 1 53 Laws necessary to carry into execution the powers vested 102 ; INDEX TO THE CONSTITUTION. - ;; , ^ u ' ^ . . ^ - ; ; ^ ^\ - Art. Sec. CI. Page ; ^^'.^ " t