| | |
|---|
| [From a MS. belonging to Thomas Jefferson, President of the United States,
and purchased by him from the Executor of Richard Bland, dec'd. * ] |
 This MS. is now in the library of Congress, at Washington |
| SIR Thomas Smith, Knt. was treasurer and Governor of the Company
during the first twelve year which ended the 18th of November, 1618. † |
Sir Thomas Smith † |
| Sir George Yeardley was Governor from the 18th of November, 1618,
till the 18th of November, 1621. |
Sir George Yeardley. |
| Sir Francis Wyatt was Governor to the Company from the 18th of
November, 1621, till the 26th of August. 22d. Jac. 1. And then the King granted him a commission
to be Governor till some other course should be settled and resolved upon. But George Wyatt, Esq.
father of the Governor dying in Ireland, the Governor got leave from the King, dated the 18th of
Sept. in the same year, to go to Ireland to manage his affaires, and at the same time sent a
commission to Sir George Yeardley to be Governor in the absence of Sir Francis, or in case of his
death, to be chief Governor, |
Sir Francis Wyatt.
Sir George
Yeardley |
| |
|
* This list of governors is at the end of the volume, and is
bro't. down to the year 1722, when Alexander Spotswood ceased to be governor and was succeeded by
Hugh Drysdale; who dying in 1726, and Jennings the president of the council being suspended, Col.
Robert Carter took upon himself the administration of the government as president of the council.
This manuscript appears to be in the hand-writing of R. Hickman, who as clerk to the secretary's
office, has attested several of the public papers. |
| |
|
† The administration of Sir Thomas Smith must be
understood as confined to a presidency of the council and company in England while the affairs of
the colony were managed by one council resident there. He was never actually governor in Virginia
−−− (see Burk's his. Virg. vol. I. pa. 92) During the time that Sir Thomas
Smith was Treasurer and president of the company in England, the following were the presidents of
the council, and governors in Virginia: 1st president of the council, Edward Maria Wingfield.
2d. John Radcliffe. 3d. John Smith.
4th. George Percy. 1st. Governor, Lord De la War. 2d. Sir
Thomas Dare. 3d. Sir Thomas Gates. 4th. Sir Thomas Dale.
5th Capt. George Yeardley. 6th. Capt. Argall.
|
| | |
|---|
| Sir George Yeardley by virtue of that commission on continued
Governor till the 19th April, 1626, when a commission was granted him by King Charles the 1st to
be chief Governor, in which post he continued as long as he lived. And the day after he was
buried, being the 14th November, 1627, and according to his majesties commission to the council
for that purpose Capt. Francis West was elected Governor |
| Capt. Francis West continued Governor till the 5th March, 1628, and
then (he being designed to go for England) John Pott, Esq. was Elected Governor by the Council.
|
Capt. Francis West. |
| John Pott, Esq. continued Governor till some time between October
and March, 1629: for on the 4th of March the Quarter Court ordered an assembly to be called to
meet Sir John Harvey on the 24th, and nothing was done after 8br. in Pott's name that can be
found. |
John Pott. |
| Sir John Harvey continued Governor till 1635, and the people being
enraged at some mismanagements of his, petitioned for an Assembly to hear their complaints
against him, and an Assembly was called accordingly. But before they met he agreed in Council to
go to England to answer them and upon that, Capt. John West was elected Governor. |
Sir John Harvey. |
| How long John West governed is uncertain, but it appears by a paper
among the damnified records, that he was out the 3d Jan. 1636, and Harvey, Governor again. There
is a pattent granted by Harvey 13th April, 1636. |
Capt. John West. |
| Harvey, after that continued Governor till November, 1639, and then
Sir Francis Wyatt came in with a commission to be Governor. |
Sir John Harvey. |
| Sir Francis Wyatt continued Governor till February, 1641, and then
came Sir William Berkley in Governor. |
Sir Francis Wyatt. |
| Sir William Berkley continued Governor till the latter end of June,
1644, and then returned to England, whereupon the Council elected Richard Kempe, Esq. Governor.
|
Sir William Berkeley. |
| | |
|---|
| Richard Kempe continued till Sir William returned back which was
about the 16th of June, 1645. |
Richard Kempe. |
| Sir William Berkley, after that continued Governor till the spring,
1652, and then Richard Bennett, Esq. was Governor. |
Sir William Berkeley. |
| Richard Bennett continued till 1655, and then Edward Digges, Esq.
was made Governor. |
Richard Bennett. |
| Digges continued till between February, 1656 and the April
following, and then Samuel Mathews was made Governor. |
Edward Digges. |
| Samuel Mathews, Esq. continued till January, 1659 and died. And
before 23d March next the Assembly elected * Sir William Berkeley
Governor: for that day he sat in court. |
Samuel Matthews.
Sir William Berkeley.
|
 |
| * This account of the election of Sir
Wm. Berkeley by the assembly, is entirely supported by the public records −−−
See act II of March, 1659-60, page 530. The last four Governors, in this list, Bennett, Digges,
Matthews and Berkeley were appointed by the assembly of Virginia, during the existence of the
commonwealth of England, and not by the parliament or Cromwell, as erroneously represented by
Robertson and other historians −−− See note to page 526. |
FORASMUCH as all the endeavors of the United Colonies, by the most decent
representations and petitions to the King and Parliament of Great Britain, to restore
peace and security to America under the British government, and a re-union with
that people upon just and liberal terms, instead of a redress of grievances, have produced, from
an imperious and vindictive administration, increased insult, oppression, and a vigorous attempt
to effect our total destruction. By a late act, all these Colonies are declared to be in
rebellion, and out of the protection of the British crown, our properties subjected to
confiscation, our people, when captivated, compelled to join in the murder and plunder of their
relations and countrymen, and all former rapine and oppression of Americans declared
legal and just. Fleets and armies are raised, and the aid of foreign troops engaged to assist
these destructive purposes. The King's representative in this colony hath not only withheld all
the powers of government from operating for our safety, but having retired on board an armed
ship, is carrying on a piratical and savage war against us, tempting our slaves, by every
artifice to resort to him, and training and employing them against their masters. In this state
of extreme danger, we have no alternative left but an abject submission to the will of those
overbearing tyrants, or a total separation from the crown and government of Great Britain,
uniting and exerting the strength of all America for defence, and forming alliances
with foreign powers for commerce and aid in war: Wherefor, appealing to the SEARCHER OF HEARTS for the sincerity of former declarations,
expressing our desire to preserve the connexion with that nation, and that we are driven from
that inclination by their wicked councils, and have the eternal laws of self-preservation,
| | |
|---|
| We
|
the people of the UNITED STATES, in
order to form a more perfect Union, establish Justice, insure Domestic Tranquillity, 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. |
|
| ARTICLE I. |
| SECTION I. |
| ALL legislative powers granted shall be vested in a CONGRESS of the United States, which
shall consist of a Senate and House of Representatives. |
Of the legislative power. |
| SECTION II. |
| The House of Representatives shall be composed of members chosen
every second year, by the people of the several states; and the electors in each state shall have
the qualifications requisite for electors of the most numerous branch of the state legislature.
|
Of the House of Representatives. |
| 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 |
| | |
|---|
| free persons, including those bound to service for a term of years, and excluding Indians
not taxed, three-fifths of all other person. 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 yen years, in such manner as they shall by law direct. The number of representatives
shall not exceed one for every thirty thousand, but each state shall have at least one
representative; and until such enumeration shall be made, the state of New-Hampshire
shall be entitled to choose three, Massachusetts eight, Rhode-Island and
Providence-Plantations one, Connecticut five, New-York six, New-Jersey
four, Pennsylvania eight, Delaware one, Maryland six,
Virginia ten, North-Carolina five, South-Carolina five, and Georgia
three. |
| 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 choose their Speaker and other
officers, and shall have the sole power of impeachment. |
| SECTION III. |
| 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. |
Of the Senate. |
| Immediately after they shall be assembled in consequence of the
first election, they shall be divided, as equally as may be, into three classes. The seats of the
Senators of the first class shall be vacated at the expiration of the second year, of the second
class at the expiration of the fourth year, and of the third class at the expiration of the sixth
year, so that one third may be chosen every second year; and if vacancies happen by resignation
or otherwise, during the recess of the legislature of any state, the executive thereof may make
temporary appointments until the next meeting of the legislature, which shall then fill such
vacancies. |
| 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 President of the
Senate, but shall have no vote, unless they be equally divided. |
| The Senate shall choose their other officers, and also a President,
pro tempore, in the absence of the Vice-President or when he shall exercise the office of
President of the United States. |
| The Senate shall have the sole power to try all impeachments. When
sitting for that purpose, they shall be on oath or affirmation. When the President of the United
States is tried, the Chief Justice shall preside: And no person shall be convicted without the
concurrence of two-thirds of the members present. |
| Judgment in cases of impeachment shall not extend further than to
removal from office, and disqualification to hold and enjoy any office of honor, trust or profit
under the United States: but the party convicted shall nevertheless be liable and subject to
indictment, trial, judgement and punishment, according to law.
|
| SECTION IV. |
| The times, places, and manner of holding elections for Senators and
Representatives, shall be prescribed in each state by the legislature thereof; but the congress
may at any time, by law, make or alter such regulations, except as to the places of choosing
Senators. |
Manner of electing members. |
| 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. |
Congress to assemble
annually. |
| SECTION V. |
| Each House shall be the judge of the elections, returns and
qualifications of its own members, and a majority of each shall constitute a quorum to do
business; but a small 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.
|
Powers of each House. |
| Each House may determine the rules of its proceedings, punish its
members for disorderly behaviour, and with the concurrence of two thirds, expel a member. |
| | |
|---|
| Each House shall keep a journal of its proceedings, and from time to
time publish the same, excepting such parts as may in their judgment require secrecy; and the
yeas and nays of the members of either House on any question shall, at the desire of one fifth of
those present, be entered on the journal. |
| Neither House, during the session of Congress, shall, without the
consent fo the other, adjourn for more than three days, nor to any other place, than that in
which the two Houses shall be sitting. |
| SECTION VI. |
| The Senators and Representatives shall receive a compensation for
their services, to be ascertained by law, and paid out of the treasury of the United States. They
shall in all cases except treason, felony and breach of the peace, be privileged from arrest
during their attendance at the session of their respective Houses, and in going to, and returning
from, the same; and for any speech or debate in either House, they shall not be questioned in any
other place. |
Compensation, privileges, and incapacities of the
members. |
| No Senator or Representative shall during the time for which he was
elected, be appointed to any civil office under the authority of the United States, which shall
have been created or the emoluments whereof shall have been increased, during such time: and no
person holding any office under the United States, shall be a member of either House during his
continuance in office. |
| SECTION VII. |
| 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. |
Manner of passing bills, orders, &c. |
| Every bill, which shall have passed the House of Representatives and
the Senate, shall, before it become a law, be presented to the President of the United States; if
he approve he shall sign it; but if not, he shall return it, with his objections, to that House,
in which it shall have originated, who shall enter the objections at large on their journal, and
proceed to reconsider it. If after such reconsideration, two thirds of that House shall agree to
pass the bill, it shall be sent, together with the objections, to the other House, by which it
shall likewise be re-considered, and, if approved by two thirds of that |
| | |
|---|
| House, it shall become a law. But in all such cases, the votes of both Houses shall be
determined by yeas and nays, and the names of the persons voting for and against the bill shall
be entered on the journal of each House respectively. If any bill shall not be returned by the
President within ten days (Sundays excepted) after it shall have been presented to him, the same
shall be a law, in like manner as if he had signed it, unless the Congress by their adjournment
prevent its return, in which case it shall not be a law. |
| Every order, resolution or vote, to which the concurrence of the
Senate and House of Representatives may be necessary (except on a question of adjournment) shall
be presented to the President of the United States and before the same shall take effect, shall
be approved by him or being disapproved by him, shall be re-passed by two thirds of the Senate
and House of Representatives, according to the rules and limitations prescribed in the case of a
bill. |
| SECTION VII. |
| The Congress shall have power
−−− |
| To lay and collect taxes, duties, imposts and excises, to pay the
debts 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; |
Powers of Congress. |
| To borrow money on the credit of the United States; |
| To regulate commerce with foreign nations, and among the several
states, and with the Indian tribes; |
| To establish an uniform rule of naturalization, and uniform laws on
the subject of bankruptcies, throughout the United States; |
| To coin money, regulate the value thereof and of foreign coin, and
fix the standard of weights and measures; |
| To provide for the punishment of counterfeiting the securities and
current coin of the United Sates; |
| To establish post-offices and post-roads; |
| To promote the progress of science and useful arts, by securing for
limited times, to authors and inventors, the |
| | |
|---|
| exclusive right to their respective writings and discoveries; |
| To constitute tribunals inferior to the supreme court; to define and
punish piracies and felonies committed on the high seas, and offenses against the law of nations;
|
| 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 and regulation of the land and
naval forces; |
| To provide for calling forth the militia to execute the laws of the
Union, suppress insurrections and repel invasions; |
| To provide for organizing, arming and disciplining the militia, and
for governing such part of them as may be employed in the service of the United States, reserving
to the states respectively, the appointment of the officers, and the authority of training the
militia according to the discipline prescribed by Congrses;
|
| To exercise exclusive legislation in all cases whatsoever, over such
district (not exceeding ten miles square) as may, by cession of particular states, and the
acceptance of Congress, become the seat of the government of the United States, and to exercise
like authority over all the places purchased by the consent of the Legislature of the state in
which the same shall be, for the erection of forts, magazines, arsenals, dockyards and other
needful buildings −−− And |
| To make laws which shall be necessary and proper for carrying into
execution the foregoing powers, and all other powers vested by this constitution in the
government of the United States, or in any department or officer thereof. |
| SECTION IX. |
| The migration or importation of such persons as any of the states
now existing shall think proper to admit, |
| | |
|---|
| shall not be prohibited by the Congress prior to the year 1808, but a tax or duty may be
imposed on such importation, not exceeding ten dollars for each person. |
Limitations of the powers of Congress.
|
| 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. |
| No bill of attainder, or ex post facto law shall be passed. |
| No capitation, or other direct tax, shall be laid, unless in
proportion to the census or enumeration herein before directed to be taken. |
| No tax or duty shall be laid on articles exported from any state. No
preference shall be given by an regulation of commerce or revenue to the ports of one state over
those of another; nor shall vessels bound to or from one state, be obliged to enter, clear or pay
duties in another. |
| No money shall be drawn from the treasury, but in consequence of
appropriations made by law; and a regular statement and account of the receipts and expenditures
of all public money, shall be published from time to time. |
| No title of nobility shall be granted by the United States: And no
person holding any office of profit or trust under them, shall without the consent of the
Congress, accept of any present, emolument, office or title of any kind whatever, from any king,
prince or foreign state. |
| SECTION X. |
| No state shall enter into any treaty, alliance or confederation;
grant letters of marque and reprisal; coin money; emit bills of credit; make any thing but gold
and silver coin a tender in payment of debts; pass any bill of attainder, ex post facto law, or
law impairing the obligation of contracts, or grant any title of nobility. |
Limitation of the powers of the individual States.
|
| No state shall, without the consent of the Congress, lay any imposts
or duties on imports or exports, except what may be absolutely necessary for executing its
inspection laws: and the net produce of all duties and imposts, laid by any state on imports or
exports, shall |
| | |
|---|
| be for the use of the treasury of the United States; and all such laws shall be subject
to the revision and controul of the Congress. No state shall, without the consent of Congress,
lay any duty of tonnage, keep troops or ships of war in time of peace, enter into any agreement
or compact with another state, or with a foreign power, or engage in war, unless actually
invaded, or in such imminent danger as will not admit of delay. |
| ARTICLE II. |
| SECTION I. |
| The executive power shall be vested in a President of the United
States of America. He shall hold his office during the term of four years, and, together with the
Vice-President, chosen for the same term, be elected as follows. |
|
| Each state shall appoint in such manner as the Legislature thereof
may direct, a number of electors, equal to the whole number of Senators and representatives to
which the state may be entitled in the Congress; but no Senator or representative, or person
holding an office of trust or profit under the United States, shall be appointed an elector.
|
Manner of electing the President and Vice-President.
|
| *[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 the number of votes for
each; which list they shall sign and certify, and transmit sealed to the seat of the government
of the United States, directed to the President of the Senate. The President of the Senate shall,
in the presence of the Senate and House of Representatives, open all the certificates, and the
votes shall then be counted. The person having the greatest number of votes shall be the
President, if such number be a majority of the whole number of electors appointed; and if there
be more than one who have such majority, and have an equal number of votes, then the House of
Representatives shall |
| |
| * In lieu of this paragraph, another
has been adopted, as an amendment, by which the electors are to distinguish in their votes, those
given for President, from those given for Vice-President. See the amendment, post No. 14.
|
| | |
|---|
| immediately choose, by ballot one of them for President, and if no person have a
majority, then from the five highest on the list, the said House shall, in like manner, choose
the President. But in choosing the President, the votes shall be taken by states, the
representation from each state having one vote: a quorum for this purpose shall consist of a
member or members from two-thirds of the states, and a majority of all the states shall be
necessary to a choice. In every case, after the choice of the President, the person having the
greatest number of votes of the electors, shall be the Vice-President. But if there should remain
two or more who have equal votes, the Senate shall choose from them, by ballot, the
Vice-President.] |
| The Congress may determine the time of choosing the electors, and
the day on which they shall give their votes; which day shall be the same throughout the United
States. |
| No person, except a natural born citizen, or a citizen of the United
States at the time of the adoption of this Constitution, shall be eligible to the office of
President; neither shall any person be eligible to that office, who shall not have attained to
the age of thirty-five years, and been fourteen years a resident within the United States. |
Who may be elected President. |
| In case of the removal of the President from office, or of his
death, resignation or inability to discharge the powers and duties of the said office, the same
shall devolve on the Vice-President, and the Congress may by law provide for the case of removal,
death, resignation or inability, both of the President and Vice-President, declaring what officer
shall then act as President, and such officer shall act accordantly, until the disability be
removed, or a President shall be elected. |
In case of the removal, &c. of the President, his powers to
devolve on the Vice-President, &c. |
| The President shall, at stated times, receive for his services, a
compensation, which shall neither be increased nor diminished during the period for which he
shall have been elected, and he shall not receive within that period any other emolument from the
United States, or any of them. |
President's compensation. |
| Before he enter on the execution of his office, he shall take the
following oath or affirmation: "I do solemnly |
His oath. |
| | |
|---|
| swear (or affirm) that I will faithfully execute the office of President of the United
States, and will to the best of my ability, preserve, protect and defend the Constitution of the
United States." |
| SECTION II. |
| 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 offenses against the United States,
except in cases of impeachment. |
Powers and duties of the President. |
| He shall have power, by and with the advice and consent of the
Senate, to make treaties, provided two thirds of the Senators present concur; and he shall
nominate, and by and with the advice and consent of the Senate, shall appoint ambassadors, other
public ministers and consuls, judges of the supreme court, and all other officers of the United
States, whose appointments are not herein otherwise provided for, and which shall be established
by law: But the Congress may, by law, vest the appointment of such inferior officers as they
think proper, in the President alone, in the courts of law, or in the heads of departments. |
| The President shall have power to fill up all vacancies that may
happen during the recess of the Senate, by granting commissions, which shall expire at the of
their next session. |
| SECTION III. |
| He shall, from time to time, give to the Congress information of the
state of the union, and recommend to their consideration such measures as he shall judge
necessary and expedient. He may, on extraordinary occasions, convene both Houses or either of
them, and in case of disagreement between them, with respect to the time of adjournment, ht 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 he shall commission all
the officers of the United States. |
| | |
|---|
| SECTION IV. |
| The President, Vice-President, and all civil officers of the United
Sates, shall be removed from office on impeachment for, and conviction of treason, bribery, or
other high crimes and misdemeanors. |
How the President and all civil officers may be removed from
office. |
| ARTICLE III |
| SECTION I. |
| The judicial power of the United States shall be vested in one
Supreme Court, and in such inferior courts, as the Congress may, from time to time, ordain and
establish. The judges, both of the supreme and inferior courts, shall hold their offices during
good behavior, and shall, at stated times, receive for their services, a compensation, which
shall not be diminished during their continuance in office. |
Of the judicial power
Concerning the judges.
|
| SECTION II. |
| The judicial power shall extend to all cases in law and equity,
arising under this constitution, the laws of the United States, and treaties made, or which shall
be made, under their authority; to all cases affecting ambassadors, other public ministers, and
consuls; to all cases of admiralty and maritime jurisdiction; to controversies to which the
United States shall be a party; to controversies between two or more states, between a state and
citizens of another state, between citizens of different states, between citizens of the same
state claiming lands under grants of different states, and between a state, or the citizens
thereof, and foreign states, citizens or subject. |
Extent of the judicial power.
|
| In all cases, affecting ambassadors, other public ministers, and
consuls, and those in which a state shall be a party, the Supreme Court shall have original
jurisdiction. In all the other cases before mentioned, the Supreme Court shall have appellate
jurisdiction, both as to law and fact, with such exceptions, and under such regulations, as the
congress shall make. |
Of the original and appellate jurisdiction of the supreme
court. |
| 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 |
Of trials for crimes.
|
| | |
|---|
| such place or places, as the Congress may by law have directed. |
| SECTION III. |
| Treason against the United States shall consist only in levying war
against them, or in adhering to their enemies, giving them aid and comfort. No person shall be
convicted of treason unless on the testimony of two witnesses, to the same overt act, or on
confession in open court. |
|
| The Congress shall have power to declare the punishment of treason;
but no attainder of treason shall work corruption of blood, or forfeiture, except during the life
of the person attained. |
| ARTICLE IV. |
| SECTION I. |
| Full faith and credit shall be given, in each state, to the public
acts, records, and judicial proceedings of very 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. |
Faith to be given to public acts, &c. of each state.
|
| SECTION II. |
| The citizens of each state shall be entitled to all privileges and
immunities of citizens in the several states. |
Privileges of citizens to extend thro' all the states.
|
| A person charged in any state with treason, felony or other crime,
who shall flee from justice and be found in another state, shall, on demand of the executive
authority of the state from which he fled, be delivered up, to be removed to the state having
jurisdiction of the crime. |
Fugitives from justice to be delivered up. |
| No person, held to service or labor in one state under the laws
thereof, escaping into another, shall in consequence of any law or regulation therein, be
discharged from such service or labor; but shall be delivered up on claim of the party to whom
such service or labor may be due. |
Persons held to service or labor, to be
delivered up. |
| SECTION III. |
| New states may be admitted by the Congress into this union; but no
new state shall be formed or erected within |
New states may be |
| | |
|---|
| in 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. |
admitted. |
| The Congress shall have power to dispose of, and make all needful
rules and regulations respecting the territory or other property belonging to the United States:
−−− And nothing in this constitution shall be so construed, as to prejudice
any claims of the United States, or of any particular state. |
Disposal of territory and other property of the United States.
|
| SECTION IV. |
| The United States shall guarantee to every state in this union, a
republican form of government; and shall protect each of them against invasion, and on
application of the Legislature, or of the executive (when the Legislature cannot be convened)
against domestic violence. |
Guarantee and protection of the states by the union.
|
| ARTICLE V. |
| The Congress, whenever two-thirds of both Houses shall deem it
necessary, shall propose amendments to this constitution, or on the application of the
Legislatures of two-thirds of the several states, shall call a convention for proposing
amendments; which, in either case, shall be valid to all intents and purposes, as part of this
constitution, when ratified by the Legislatures of three-fourths of the several states, or by
conventions in three-fourths thereof, as the one or the other mode of ratification may be
proposed by the Congress; Provided, That no 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. |
Of amendments to the constitution. |
| 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. |
Former debts and engagements to remain valid. |
| This constitution, and the laws of the United States which shall be
made in pursuance thereof, and all treaties |
This constitution,
|
| | |
|---|
| 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.
|
the laws and treaties of the U. S. to be the supreme law of the
land. |
| The Senators and Representatives before mentioned, and the members
of the several state Legislatures, and all executive and judicial officers, both of the United
States and of the several states, shall be bound by oath or affirmation, to support this
constitution; but no religious test shall ever be required as a qualification to any office or
public trust under the United States. |
Oath to support the constitution.
There shall
be no religious test.
|
| ARTICLE VII. |
| The ratification of the conventions of nine states shall be
sufficient for the establishment of this constitution between the states so ratifying the same.
|
When this constitution shall take effect. |
| Done | in
convention, by the unanimous consent of the states present, the seventeenth day of September, in
the year of our Lord one thousand seven hundred and eighty-seven, and of the Independence of the
United States of America the twelfth. In witness whereof we have hereunto subscribed our names.
|
|
GEORGE WASHINGTON, President,
And Deputy from Virginia.
|
| | |
|---|
|
|
| IN CONVENTION, |
| Monday, September 17th, 1787. |
| PRESENT | −−− The states of
New-Hampshire, Massachusetts, Connecticut, Mr. Hamilton from New-York, New-Jersey, Pennsylvania,
Delaware, Maryland, Virginia, North-Carolina, South-Carolina and Georgia. |
|
| RESOLVED |
| THAT the preceding Constitution be laid before the United States in
Congress assembled, and that it is the opinion of this Convention, that it should afterwards be
submitted to a Convention of Delegates, chosen in each state by the people thereof, under the
recommendation of its Legislature, for their assent and ratification; and that each convention,
assenting to, and ratifying the same, should give notice thereof to the United States, in
Congress assembled. |
| RESOLVED, that it is the opinion of this
Convention, that as soon as the Conventions of nine states shall have ratified this Constitution,
the United States in Congress assembled should fix a day on which electors should be appointed by
the states which shall have ratified the same, and a day on which the electors should assemble to
vote for the President, and the time and place for commencing proceedings under this
Constitution: That after such |
| | |
|---|
| publication the electors should be appointed, and the Senators and Representatives
elected: That the electors should meet on the day fixed for the election of the President, and
should transmit their votes, certified, signed, sealed and directed, as the Constitution
requires, to the Secretary of the United States, in Congress assembled; that the Senators and
Representatives should convene at the time and place assigned; that the Senators should appoint a
President of the Senate, for the sole purpose of receiving, opening and counting the votes for
President; and, that after he shall be chosen, the Congress, together with the President, should,
without delay, proceed to execute this Constitution. |
| By the unanimous order of the Convention.
|
| GEORGE WASHINGTON, President. |
| W. Jackson, Secretary. |
|
| IN CONVENTION |
| September 17th, 1787. |
| SIR |
| WE have now the honor to submit to the consideration of the United
States in Congress assembled, that Constitution which has appeared to us the most adviseable.
|
| The friends of our country have long seen and desired that the power
of making war, peace and treaties, that of levying money, and regulating commerce, and the
correspondent executive and judicial authorities, should be fully and effectually vested in the
general government of the Union: But the impropriety of delegating such extensive trust to one
body of men, is evident −−− Hence results the necessity of a different
organization. |
| It is obviously impracticable in the federal government of these
states, to secure all rights of independent sovereignty to each, and yet provide for the interest
and safety of all −−− Individuals entering into society must give up a share
of liberty to preserve the rest. The magnitude of the sacrifice must depend as well on situation
and circumstance, as on the object to be obtained. It is at all |
| | |
|---|
| times difficult to draw with precision the line between those rights which must be
surrendered, and those which may be reserved; and on the present occasion this difficulty was
increased by a difference among the several states as to their situation, extent, habits, and
particular interests. |
| In all our deliberations on this subject, we kept steadily in our
view, that which appears to us the greatest interest of every true American, the consolidation of
our union, in which is involved our prosperity, felicity, safety, perhaps our national existence.
This important consideration, seriously and deeply impressed in our minds, led each state in the
Convention to be less rigid on points of inferior magnitude, than might have been otherwise
expected; and thus the Constitution, which we no present, is the result of a spirit of amity, and
of that mutual deference and concession which the peculiarity of our political situation rendered
indispensable. |
| That it will meet the full and entire approbation of every state, is
not, perhaps to be expected; but each will doubtless consider, that had her interest been alone
consulted, the consequences might have been particularly disagreeable or injurious to others:
that it is liable to as few exceptions as could reasonably have been expected, we hope and
believe; that it may promote the lasting welfare of that country so dear to us all, and secure
her freedom and happiness, is our most ardent wish. With great respect, we have the honor to be,
Sir, your excellency's most obedient and humble servants, |
| GEO. WASHINGTON, President. |
| By unanimous order of the Convention. |
His Excellency the Pre-
sident of Congress. |
| | |
|---|
| THE UNITED STATES IN CONGRESS ASSEMBLED. |
| Friday, September 28th, 1787. |
| PRESENT | −−− New-Hampshire,
Massachusetts, Connecticut, New-York, New-Jersey, Pennsylvania, Delaware, Virginia,
North-Carolina, South-Carolina and Georgia, and from Maryland, Mr. Ross. |
|
| RESOLVED
UNANIMOUSLY, |
| THAT the said report, with the resolutions and letter accompanying
the same, 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, made and provided in that case. |
| CHARLES THOMSON, Secretary. |
|
|
| CONGRESS OF THE UNITED STATES, |
| Begun | and held at the City of New-York, on Wednesday
the fourth of March, one thousand seven hundred and eighty-nine. |
|
|
|
| The |
Conventions of a number of States, having, at the time of their adopting the Constitution,
expressed a desire, in order to prevent misconstruction or abuse of its powers, that further
declaratory and restrictive clauses should be added: And, as extending the ground of public
confidence in the government, will best insure the beneficent ends of its institution: |
|
| RESOLVED by the Senate and House of Representatives of the
United States of America, in Congress assembled, two-thirds of both Houses concurring, That
the following articles be proposed to the Legislatures of the |
| | |
|---|
| several States, as amendments to the Constitution of the United States, all or any of
which articles, when ratified by three-fourths of the said Legislatures, to be valid to all
intents and purposes, as part of the said constitution; viz: |
| Articles | in addition to, and
amendment of, the Constitution of the United States of America, proposed by Congress, and
ratified by the Legislatures of the several States, pursuant to the fifth article of the original
Constitution. |
|
| ARTICLE I. |
| AFTER the first enumeration required by the first article of the
Constitution, there shall be one representative for every thirty thousand, until the number shall
amount to one hundred, after which the proportion shall be so regulated by Congress, that there
shall be not less than one hundred representatives, nor less than one representative for every
forty thousand persons, until the number of representatives shall amount to two hundred; after
which the proportion shall be so regulated by Congress, that there shall be not less than two
hundred representatives, nor more than one representative for every fifty thousand persons. |
Of representation.
[Not adopted
by a constitutional number of states.]
|
| ARTICLE II. |
| No law varying the compensation for the services of the Senators and
Representatives, shall take effect, until an election of representatives shall have intervened.
|
Of the compensation of members of Congress.
[Not adopted.]
|
| ARTICLE III. |
| Congress shall make no law respecting an establishment of religion,
or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or
the right of the people peaceably to assemble, and to petition the government for a redress of
grievances. |
Of religious establishments, freedom of the press,
&c.
[This and the remaining articles adopted.]
|
| ARTICLE IV. |
| 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. |
Of the militia; right to bear arms.
|
| | |
|---|
| ARTICLE V. |
| 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. |
Quartering soldiers.
|
| ARTICLE VI. |
| 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. |
No unreasonable searches or seizures to be made. How warrants to
issue.
|
| ARTICLE VII. |
| No person shall be held to answer for a capital or otherwise
infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in
the land or naval forces, or in the militia when in actual service in time of war or public
danger; nor shall any person be subject to the same offence to be twice put in jeopardy of life
or limb; nor shall be compelled, in any criminal case, to be 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. |
Criminal prosecutions, how to be conducted, &c.
Private property not to be taken for public use, without just
compensation.
|
| ARTICLE VIII. |
| In all criminal prosecutions the accused shall enjoy the right to a
speedy and public trial, by an impartial jury of the state and district wherein the crime shall
have been committed, which district shall have been previously ascertained by law, and to b
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. |
Trial by jury in criminal prosecution secured,
−−− witnesses −−− counsel.
|
| ARTICLE IX. |
| In suits at common law, where the value in controversy shall exceed
twenty dollars, the right of trial by jury shall be preserved, and no fact, tried by a jury,
shall be otherwise re-examined in any court of the United States, than according to the rules of
the common law. |
Also in civil case, at common law.
|
| | |
|---|
| ARTICLE X. |
| Excessive bail shall not be required, nor excessive fines imposed,
nor cruel and unusual punishments inflicted. |
Of bail, punishments, &c.
|
| ARTICLE XI. |
| The enumeration in the Constitution, of certain rights, shall not be
construed to deny or disparage others retained by the people. |
Rights retained by the people.
|
| ARTICLE XII. |
| The powers not delegated to the United States by the Constitution,
nor prohibited by it to the states, are reserved to the states respectively, or to the people.
|
Powers reserved to the states or the people.
|
| ARTICLE XXIII. |
| THIRD CONGRESS OF THE UNITED STATES, |
| At | the second session, begun and
held at the city of Philadelphia, in the state of Pennsylvania, on Monday the second of December,
1793. |
|
| RESOLVED by the Senate and House of Representatives of the
United States of America, in Congress assembled, two thirds of both Houses concurring, That
the following article be proposed to the legislatures of the severall states, as an amendment to
the Constitution of the United States; which when ratified by three-fourths of the said
legislatures, shall be valid as part of the said Constitution, viz:
|
| The judicial power of the United States shall not be construed to
extend to any suit in law or equity, commenced or prosecuted against one of the United Sates by
citizens of another state, or by citizens or subjects of any foreign state. |
Of the suability of states.
|
FREDERICK AUGUSTUS MUHLENBERG.
Speaker of the House of Representatives.
JOHN ADAMS,
Vice-President of the United States, and
President of the Senate. |
| Attest, |
JOHN BECKLEY,
Clerk of the House of Representatives.
SAM. A. OTIS,
Secretary of the Senate. |
| | |
|---|
| ARTICLE XIV. |
| AMENDMENT |
| TO THE |
| CONSTITUTION OF THE UNITES STATES. |
| As |
ratified by the constitutional number of the legislatures of the several states, in the
year one thousand eight hundred and four. |
|
| EIGHTH CONGRESS OF THE UNITED STATES, |
| At |
the first session, begun and held at the city of Washington, in the territory of Columbia,
on Monday, the seventeenth of October, one thousand eight hundred and three.
|
|
| RESOLVED by the Senate and house of Representatives of the
United States of America, in Congress assembled, two thirds of both Houses concurring, That
in lieu of the third paragraph of the first section of the second article of the constitution of
the United States, the following be proposed as an amendment to the constitution of the United
States, which when ratified by three fourths of the legislatures of the several states, shall be
valid to all intents and purposes, as part of the said constitution, to wit: |
| The electors shall meet in their respective states, and vote by
ballot for President and Vice President, on 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
the number of votes for each, which lists they shall sign and certify, and transmit sealed to the
seat of government of the United States, directed to the President of the Senate; the President
of the Senate shall, in the presence of the Senate and House of Representatives, open all the
certificates and the votes shall then be counted; The person having the greatest number of votes
for President, shall be the President, if such number be a majority of the whole number of
electors appointed; and if no person have such majority, then from the persons having the highest
number, not exceeding three on the list of those voted for as President, |
Manner of electing President and Vice-President.
|
| | |
|---|
| the House of Represensatives shall choose immediately, by ballot, the President. But in
choosing the President, the votes shall be taken by states, the representation from each state
having one vote; a quorum for this purpose shall consist of a member or members from two-thirds
of the states, and a majority of all the states shall be necessary to a choice. And if the House
of Representatives shall not choose a President whenever the right of choice shall devolve upon
them, before the fourth day of March next following, then the Vice-President shall act as
President, as the case of the death or other constitutional disability of the President. |
| The person having the greatest number of votes as Vice-President,
shall be the Vice-President, if such number be a majority of the whole number of electors
appointed, and if no person have a majority, then from the two highest numbers on the list, the
Senate shall choose the Vice-President; a quorum for the purpose shall consist of two-thirds of
the whole number of Senators, and a majority of the whole number shall be necessary to a choice.
|
| But no person constitutionally ineligible to the office of President
shall be eligible to that of Vice-President of the United States. * |
| ATTEST, |
| JOHN BECKLEY, |
Clerk to the House of Representatives
of the U. States.
|
| SAM: A. OTIS, |
| Secretary to the Senate of the Untied States |
| * For Laws of Congress relative to the
election of President and Vice-President, see Acts of 1st Session of 2d Congress, vol. 2, pa. 22,
and Acts of 1st Session of 8th Congress, vol. 7, pa. 142
|
