2 In all Cases affecting Ambassadors, other public Ministers 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 Congress shall make.
3 The Trial of all Crimes, except in Cases of Impeachment, shall be by Jury; and such Trial shall be held in the State where the said Crimes shall have been committed; but when not committed within any State, the Trial shall be at such Place or Places as the Congress may by Law have directed.
Section. 3. 1 Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court.
2 The Congress shall have Power to declare the Punishment of Treason, but no Attainder of Treason shall work Corruption of Blood, or Forfeiture except during the Life of the Person attainted.
ARTICLE. IV.
Section. 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.
Section. 2 1 The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States.
2 A Person charged in any State with Treason, Felony, or other Crime, who shall flee from Justice, and be found in another State, shall on Demand of the executive Authority of the State from which he fled, be delivered up, to be removed to the State having Jurisdiction of the Crime.
3 No Person held to Service or Labour 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 Labour, but shall be delivered up on Claim of the Party to whom such Service or Labour may be due.
Section. 3. 1 New States may be admitted by the Congress into this Union; but no new State shall be formed or erected within the Jurisdiction of any other State; nor any State be formed by the Junction of two or more States, or Parts of States, without the Consent of the Legislatures of the States concerned as well as of the Congress.
2 The Congress shall have Power to dispose of and make all needful Rules and Regulations respecting the Territory or other Property belonging to the United States; and nothing in this Constitution shall be so construed as to Prejudice any Claims of the United States, or of any particular State.
Section. 4. The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened) against domestic Violence.
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.
ARTICLE. VI.
1 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.
3 The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution; but no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States.
ARTICLE. VII.
The Ratification of the Conventions of nine States, shall be sufficient for the Establishment of this Constitution between the States so ratifying the Same.
Done in Convention by the Unanimous Consent of the States present the Seventeenth Day of September in the Year of our Lord one thousand seven hundred and Eighty seven and of the Independance of the United States of America the Twelfth In Witness whereof We have hereunto subscribed our Names,
Presidt and Deputy from Virginia
NEW HAMPSHIRE.
| John Langdon, | Nicholas Gilman. |
MASSACHUSETTS.
| Nathaniel Gorham, | Rufus King. |
CONNECTICUT.
| Wm. Saml. Johnson, | Roger Sherman. |
NEW YORK.
| Alexander Hamilton. |
NEW JERSEY.
| Wil: Livingston, | David Brearley, | |
| Wm. Paterson, | Jona. Dayton. |
PENNSYLVANIA.
| B. Franklin, | Thomas Mifflin, | |
| Robt. Morris, | Geo: Clymer, | |
| Thos. Fitz Simons, | Jared Ingersoll, | |
| James Wilson, | Gouv: Morris. |
DELAWARE.
| Geo: Read, | Gunning Bedford, jun. | |
| John Dickinson, | Richard Bassett. | |
| Jaco: Broom. |
MARYLAND.
| James M'Henry, | Dan: of St. Thos. Jenifer, | |
| Danl. Carroll. |
VIRGINIA.
| John Blair, | James Madison, Jr. |
NORTH CAROLINA.
| Wm. Blount, | Rich'd Dobbs Spaight. | |
| Hu. Williamson. |
SOUTH CAROLINA.
| J. Rutledge, | Charles Cotesworth Pinckney, | |
| Charles Pinckney, | Pierce Butler. |
GEORGIA.
| William Few, | Abr. Baldwin. |
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.[465]
(ARTICLE 1.)
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
(ARTICLE 2.)
A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.
(ARTICLE III.)
No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.
(ARTICLE IV.)
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
(ARTICLE V.)
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same 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.
(ARTICLE VI.)
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have Compulsory process for obtaining Witnesses in his favour, and to have the Assistance of Counsel for his defence.
(ARTICLE VII.)
In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.
(ARTICLE VIII.)
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
(ARTICLE IX.)
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
(ARTICLE X.)
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
ARTICLE XI.
The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State.
ARTICLE XII.
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 presence of the Senate and House of Representatives, open all the certificates and the votes shall then be counted;—The person having the greatest number of votes for President, shall be the President, if such number be a majority of the whole number of Electors appointed; and if no person have such majority, then from the persons having the highest numbers not exceeding three on the list of those voted for as President, the House of Representatives shall choose immediately, by ballot, the President. But in choosing the President, the votes shall be taken by states, the representation from each state having one vote; a quorum for this purpose shall consist of a member or members from two-thirds of the states, and a majority of all the states shall be necessary to a choice. And if the House of Representatives shall not choose a President whenever the right of choice shall devolve upon them, before the fourth day of March next following, then the Vice-President shall act as President, as in the case of the death or other constitutional disability of the President.—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.
INDEX.
A.
Acquisition, national spirit of, reflections on, II. 312.
Adams, John, delegate to first Continental Congress, I. 13. On Washington's appointment as commander-in-chief, 42. One of the committee to prepare Declaration of Independence, 50. His account of the Declaration, 82. First minister to Great Britain, 257. Answer to his complaints about the treaty, 257. Instructed to negotiate treaty with the Netherlands, 280. One of the commissioners to procure commercial treaties, 287. Views of, respecting taxation of slaves, II. 159. Practice of, respecting cabinet, 409.
Adams, Samuel, delegate to first Continental Congress, I. 13. Reserve of, respecting Constitution, II. 533. Disapproves of Constitution, 533. Character of, 534. Position of, in convention of Massachusetts, 534. In favor of Hancock's amendments to Constitution, 538.
Adams, captain in the Revolutionary naval force, I. 74.
Address of the Colonies to the people of Great Britain, I. 23.
Admiralty Jurisdiction, criminal, II. 330. Of courts of United States, 445. Under Confederation, 445.
Adoption of Constitution, mode of, recommended, II. 372.
Albany, convention of Colonies at, in 1753-54, I. 8.
Alexandria, meeting of commissioners at, from Virginia and Maryland, I. 341.
Alexandria Commissioners, visit General Washington, I. 425. Report of, received in Virginia legislature, 426.
Aliens, rights to be conceded to, in certain treaties, I. 280. See Foreigners.
Allegiance of people of the Colonies, transferred, I. 52.
Alliance. See Treaty of Alliance.
Ambassadors, proposed appointment of, by Senate, II. 223, 410; by President, 234. Received by President, 415. To be nominated by President, 418. Jurisdiction of cases affecting, 444.
Amendment of Constitution, II. 84. Provision for, adopted without debate, 177. And revolution, distinction between, 473.
Amendments of Constitution, when to be proposed by Congress, II. 268. How to be proposed and adopted, 473. How ratified, 477. Power to make, limited, 477. States at liberty to propose, 486. Proposed by Hancock, 537; by Massachusetts, classified, 539; by South Carolina, 548; by Patrick Henry, 580; by Virginia, 581; by New York, 587, 588; by North Carolina, 597. Refused in Maryland convention, 543. Proposed, not made conditions of adoption, 551.
Amendments of Articles of Confederation, how made, II. 84, 473, 481.
America, natural advantages of, for commercial pursuits, II. 309. Variety of climate and products of, 309.
American Constitutions, character of, I. 261.
American Feeling, Washington's efforts to create, I. 110.
American People perceive the insufficiency of State governments, I. 114. Early familiarity of, with the principles of government, 117. Perceive the necessity of a union, 121. See People of America.
American Revolution, commencement of, I. 3. Attempt to alter charter governments, a principal cause of, 6. Found local legislatures in all the Colonies, 7. Fundamental principle established by, 379. Object and effects of, II. 196. Policy which led to, real cause of, 238. Effect of, on views of people of United States, relating to government, 238.
Annapolis, general commercial convention at, I. 326, 340, 350. Recommends general convention to revise the federal system, 349. Recommendation, how received, 351. See Hamilton and Madison.
Annapolis Commissioners, report of, acted upon in Congress, I. 355.
Anti-Federalists, plan of, to postpone action of Virginia on Constitution, II. 568. See Federalists.
Appropriation Bills, provision concerning, objected to, II. 147. See Money Bills and Revenue Bills.
Arms of the United States, when adopted, I. 151.
Armstrong, John, wrote the Newburgh Addresses, I. 168.
Army, power of Congress to raise and support, II. 333. Appropriation of money for support of, 333. Power of Congress to make rules for, 334. Standing, repugnant to American feelings, 336. Not to be kept by States in time of peace, 371. President commander-in-chief of, 413. Power of President to employ, 413.
Army of the Revolution, first suggested, I. 31. How first raised, 32. State of, when Washington arrived at Cambridge, 55. How constituted, 58. Short enlistments in, how accounted for, 60. Committee of Congress sent to examine, 60. Discontents in, 79, 158, 186. History of, after the evacuation of Boston, 91. Reorganized, 91, 92. Defects in organization of, 93. Officers of, how appointed, 93; how treated in 1776, 94. Bad construction of, 94, 96. Third effort of Washington to reorganize, 109. Embarrassments and difficulties attending, 110. State of, in April, 1777, 111; in May, 1782, 158.
Arrest, privilege from, II. 263.
Arsenals, authority of Congress over, II. 340.
Articles of Confederation, I. 509. Reported in Congress, and recommended to the States, 53, 104, 113. Adoption of, by the States, 124. Amendments to, proposed by the States, 128; by New Jersey, for regulation of commerce, 129. Chief obstacle to the completion of, 131. States urged to accede to, 134. Ratified by New Jersey, 135; by Delaware, 135; by Maryland, 136. Completion of, announced, 137. Established by patriotic sacrifices, 139. Outline of, 142. Construction of third article of, 265. Circular letter of Congress, recommending adoption of, 491. Representation of New Jersey respecting, 493. Act of New Jersey accepting, 497. Resolves of Delaware respecting, 498. Action of Maryland on, 501; of New York on, 505. Amendment of, at first contemplated, II. 16. How altered, 84, 180, 481. Citizenship under, 206. Effort to include in, power over Western Territory, 341. Admission of new States under, 345. On what terms ratified by smaller States, 346. Restraints imposed on States by, 363. Inter-state privileges under, 447.
Assemblies in Provincial governments, how constituted, I. 4.
Assembling, one of the common law rights, I. 23.
Association, drawn up by House of Burgesses in Virginia, I. 12. For non-importation, &c., how carried out by colonists, 24.
Attainder, Bills of, defined, II. 360. Congress prohibited to pass, 360. States prohibited to pass, 368.
Attestation to Constitution, form of, II. 485.