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inviolate. This oath, or affirmation, shall be administered by the president of the Senate for the time being, in the presence of both Houses of the legislature.

Sec. 9. The Senate and the Assembly shall always convene in session on the day appointed for the meeting of the second electors, and shall continue sitting till the rresident take the oath, or affirmation, of office. He shall hold his place during good be havior, removable only by conviction upon impeachment for some crime or mis demeanor.

Sec. 10. The President, at the beginning of every meeting of the legislature, as soon as they shall be ready to proceed to business, shall convene them together at the place where the Senate shall sit, and shall communicate to them all such matters as may be necessary for their information, or as may require their consideration. He may by message, during the session, communicate all other matters which may appear to him proper. He may, whenever, in his opinion, the public business shall require it, convene the Senate and Assembly, or either of them, and may prorogue them for a time not exceeding forty days at one prorogation; and if they should disagree about their adjournment, he may adjourn them to such time as he shall think proper. He shall have a right to negative all bills, resolutions, or acts, of the two Houses of the legislature about to be passed into laws. He shall take care that the laws be faithfully executed. He shall be the commander-in-chief of the army and navy of the United States, and of the militia within the several states, and shall have the direction of war when commenced; but he shall not take the actual command, in the field, of an army, without the consent of the Senate and Assembly. All treaties, conventions, and agreements with foreign nations, shall be made by him, by and with the advice and consent of the Senate. He shall have the appointment of the principal or chief officers of each of the departments of war, naval affairs, finance, and foreign affairs; and shall have the nomination, and by and with the consent of the Senate, the appointment of all other officers to be appointed under the authority of the United States, except such for whom different provision is made by this Constitution; and provided that this shall not be construed to prevent the legislature from appointing, by name in their laws, persons to special and particular trusts created in such laws; nor shall be construed to prevent principals in offices merely ministerial from constituting deputies. In the recess of the Senate he may fill vacancies in offices, by appointments to continue in force until the end of the next session of the Senate. And he shall commission all officers. He shall have power to pardon all offences, except treason, for which he may grant reprieves, until the opinion of the Senate and Assembly can be had; and, with their concurrence, may pardon

the same.

Sec. 11. He shall receive a fixed compensation for his services, to be paid to him at stated times, and not to be increased nor diminished during his continuance in office. Sec. 12. If he depart out of the United States without the consent of the Senate and Assembly, he shall thereby abdicate his office.

Sec. 13. He may be impeached for any crime or misdemeanor by the two Houses of the legislature, two thirds of each House concurring; and, if convicted, shall be removed from office. He may be afterwards tried and punished in the ordinary course of law. His impeachment shall operate as a suspension from office until the determination

thereof.

Sec. 14. The president of the Senate shall be Vice-President of the United States. On the death, resignation, or impeachment, removal from office, or absence from the United States, of the President thereof, the Vice-President shall exercise all the powers by this Constitution vested in the President, until another shall be appointed, or until ue shall return within the United States, if his absence was with the consent of the Senate and Assembly.

ART. V. Sec. 1. There shall be a chief justice of the Supreme Court, who, together with the other judges thereof, shall hold the office during good behavior, removable only by conviction on impeachment for some crime or misdemeanor. Each judge shall ave a competent salary, to be paid to him at stated times, and not to be diminished Juring his continuance in office.

The Supreme Court shall have original jurisdiction in all causes in which the United States shall be a party; in all controversies between the United States and a particular tate, or between two or more states, except such as relate to a claim of territory between he United States and one or more states, which shall be determined in the mode rescribed in the sixth article, in all cases affecting foreign ministers, consuls, and gents; and an appellate jurisdiction, both as to law and fact, in all cases which shall concern the citizens of foreign nations; in all questions between the citizens of different tates; and in all others in which the fundamental rights of this Constitution are involved, subject to such exceptions as are herein contained, and to such regulations as he legislature shall provide.

* See editorial note at the beginning of this plan.

The judges of all courts which may be constituted by the legislature shall also hold their places during good behavior, removable only by conviction, on impeachment, for some crime or misdemeanor; and shall have competent salaries, to be paid at stated times, and not to be diminished during their continuance in office; but nothing herein contained shall be construed to prevent the legislature from abolishing such courts themselves.

All crimes, except upon impeachment, shall be tried by a jury of twelve men; and if they shall have been committed within any state, shall be tried within such state; and all civil causes arising under this Constitution, of the like kind with those which have been heretofore triable by jury in the respective states, shall in like manner be tried by jury; unless in special cases the legislature shall think proper to make different provision; to which provision the concurrence of two thirds of both Houses shall be

necessary.

Sec. 2. Impeachments of the President and Vice-President of the United States, members of the Senate, the governors and presidents of the several states, the principal or chief officers of the departments enumerated in the tenth section of the fourth article, ambassadors, and other like public ministers, the judges of the Supreme Court, generals, and admirals of the navy, shall be tried by a court to consist of the judges of the Supreme Court, and the chief justice, or first or senior judge of the superior court of law in each state, of whom twelve shall constitute a court. A majority of the judges present may convict. All other persons shall be tried, on impeachment, by a court to consist of the judges of the Supreme Court and six senators drawn by lot; a majority of whom may cohvict.

Impeachments shall clearly specify the particular offence for which the party accused is to be tried, and judgment on conviction, upon the trial thereof, shall be, either removal from office singly, or removal from office and disqualification for holding any future office, or place of trust; but no judgment on impeachment shall prevent prosecu tion and punishment in the ordinary course of law; provided, that no judge concerned in such conviction shall sit as judge on the second trial. The legislature may remove the disabilities incurred by conviction on impeachment.

ART. VI. Controversies about the right of territory between the United States and particular states shall be determined by a court to be constituted in manner following: The state or states claiming in opposition to the United States, as parties, shall nominate a number of persons, equal to double the number of the judges of the Supreme Court for the time being, of whom none shall be citizens by birth of the states which are parties, nor inhabitants thereof when nominated, and of whom not more than two shall have their actual residence in one state. Out of the persons so nominated, the Senate shall elect one half, who, together with the judges of the Supreme Court, shall form the court. Two thirds of the whole number may hear and determine the controversy, by plurality of voices. The states concerned may, at their option, claim a decision by the Supreme Court only. All the members of the court hereby instituted shall, prior to the hearing of the cause, take an oath, impartially, and according to the best of their judgments and consciences, to hear and determine the controversy.

ART. VII. Sec. 1. The legislature of the United States shall have power to pass all laws which they shall judge necessary to the common defence and general welfare of the Union. But no bill, resolution, or act, of the Senate and Assembly shall have the force of a law until it shall have received the assent of the President, or of the VicePresident when exercising the powers of the President; and if such assent shall not have been given within ten days after such bill, resolution, or other act, shall have been presented to him for that purpose, the same shall not be a law. No bill, resolution, or other act, not assented to, shall be revived in the same session of the legislature. The mode of signifying such assent shall be by signing the bill, act, or resolution, and return. ing it, so signed, to either House of the legislature.

Sec. 2. The enacting style of all laws shall be, "Be it enacted by the people of the United States of America."

Sec. 3. No bill of attainder shall be passed, nor any ex post facto law; nor shall any title of nobility be granted by the United States, or by either of them; nor shall any person holding an office or place of trust under the United States, without the permis sion of the legislature, accept any present, emolument, office, or title, from a foreigr. prince or state. Nor shall any religious sect, or denomination, or religious test for any office or place, be ever established by law.

Sec. 4. Taxes on lands, houses, and other real estate, and capitation taxes, shall be proportioned, in each state, by the whole number of free persons, except Indians not taxed, and by three fifths of all other persons.

Sec. 5. The two Houses of the legislature may, by joint ballot, appoint a treasurer of the United States. Neither House, in the session of both Houses, without the conser.t of the other, shall adjourn for more than three days at a time. The senators and representatives, in attending, going to, and coming from, the session of their respective

Houses, shall be privileged from arrest, except for crimes, and breaches of the peace The place of meeting shall always be at the seat of government, which shall be fixeq by law.

Sec. 6. The laws of the United States, and the treaties which have been made under the Articles of the Confederation, and which shall be made under this Constitution, shall be the supreme law of the land, and shall be so construed by the courts of the several states..

Sec. 7. The legislature shall convene at least once in each year; which, unless otherwise provided for by law, shall be on the first Monday in December.

Sec. 8. The members of the two Houses of the legislature shall receive a reasonable compensation for their services, to be paid out of the treasury of the United States, and ascertained by law. The law for making such provision shall be passed with the con. currence of the first assembly, and shall extend to succeeding assemblies; and no succeeding assembly shall concur in an alteration of such provision so as to increase its own compensation; but there shall be always a law in existence for making such provision.

ART. VIII. Sec. 1. The governor or president of each state shall be appointed under the authority of the United States, and shall have a right to negative all laws about to be passed in the state of which he shall be governor or president, subject to such qualifications and regulations as the legislature of the United States shall prescribe. He shall in other respects have the same powers only which the constitution of the state does, or shall, allow to its governor or president, except as to the appointment of officers of the militia.

Sec. 2. Each governor or president of a state shall hold his office until a successor be actually appointed, unless he die or resign, or be removed from office by conviction on impeachment. There shall be no appointment of such governor or president in the recess of the Senate.

The governors and presidents of the several states, at the time of the ratification of this Constitution, shall continue in office in the same manner and with the same powers as if they had been appointed pursuant to the first section of this article.

The officers of the militia in the several states may be appointed under the authority of the United States; the legislature whereof may authorize the governors or presi dents of states to make such appointments, with such restrictions as they shall think proper.

ART. IX. Sec 1. No person shall be eligible to the office of President of the United States, unless he be now a citizen of one of the states, or hereafter be born a citizen of the United States.

Sec. 2. No person shall be eligible as a senator or representative unless, at the time of his election, he be a citizen and inhabitant of the state in which he is chosen ; provided, that he shall not be deemed to be disqualified by a temporary absence from the state.

Sec. 3. No person entitled by this Constitution to elect, or to be elected, President of the United States, or a senator or representative in the legislature thereof, shall be disqualified but by the conviction of some offence for which the law shall have previously ordained the punishment of disqualification. But the legislature may by law provide that persons holding offices under the United States, or either of them, shal! not be eligible to a place in the Assembly or Senate, and shall be during their contin uance in office suspended from sitting in the Senate.

Sec. 4. No person having an office or place of trust under the United States, shall without permission of the legislature, accept any present, emolument, office, or title from any foreign prince or state.

Sec. 5. The citizens of each state shall be entitled to the rights, privileges, and immunities of citizens in every other state; and full faith and credit shall be given, in each state, to the public acts, records, and judicial proceedings of another.

Sec. 6. Fugitives from justice from one state, who shall be found in another, shall be delivered up, on the application of the state from which they fled.

Sec. 7. No new state shall be erected within the limits of another, or by the junction of two or more states, without the concurrent consent of the legislatures of the United States, and of the states concerned. The legislature of the United States may admit new states into the Union.

Sec. 8. The United States are hereby declared to be bound to guaranty to each state a republican form of government; and to protect each state as well against domestic violence as foreign invasion.

Sec. 9. All treaties, contracts, and engagements of the United States of America, under the Articles of Confederation and Perpetual Union, shall have equal validity under this Constitution.

Sec. 10. No state shall enter into a treaty, alliance, or contract with another, or with a foreign power, without the consent of the United States.

Sec. 11. The members of the legislature of the United States and of each state, and all officers, executive and judicial, of the one and of the other, shall take an oath, or affirmation, to support the Constitution of the United States.

Sec. 12. This Constitution may receive such alterations and amendments as may be proposed by the legislature of the United States, with the concurrence of two thirds of the members of both Houses, and ratified by the legislatures of, or by conventions of deputies chosen by the people in two thirds of the states composing the Union.

ART. X.-This Constitution shall be submitted to the consideration of conventions in the several states, the members whereof shall be chosen by the people of such states, respectively, under the direction of their respective legislatures. Each convention which shall ratify the same, shall appoint the first representatives and senators from such state according to the rule prescribed in the section of the article. The representatives so appointed shall continue in office for one year only. Each convention so ratifying shall give notice thereof to the Congress of the United States, transmitting at the same time a list of the representatives and senators chosen. When the Constitution shall have been duly ratified, Congress shall give notice of a day and place for the meeting of the senators and representatives from the several states; and when these, or a majority of them, shall have assembled according to such notice, they shall by joint ballot, by plurality of votes, elect a President of the United States; and the Constitution thus organized shall be carried into effect

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Secret Journals of Congress, (Don estic Affairs,) 27th November, 1782, vol. 1, p. 245.

Journal of Assembly of New Jersey, 1782, p. 10. Journal of Council of New Jersey, 1762, p. 7.

The instructions of the legislature of New Jersey, after undergoing much discussion and alteration, were passed on the 1st November, 1782, in the following form:

"To the Honorable Elias Boudinot, John Witherspoon, Abraham Clark, Jonathan Elmer, and Silas Condict, Esquires, delegates representing this state in the Congress of the United States.

"GENTLEMEN,-Application having been made to the legislature for instructions on the important subject of dispute subsisting between the states of New York, New Hampshire, and the people on the New Hampshire Grants, styling themselves the state of Vermont, which is under the consideration of Congress, they are of opinion, (as far as they have documents to direct their inquiry,) that as the competency of Congress was deemned fall and complete at the passing of the resolutions of the 7th and 20th of August, 1781, (each of those states having made an absolute reference of the dispute to their final arbitrament,) those acts may be supposed to be founded on strict justice and propriety, nine states having agreed to the measure, and that great regard ought to be had to every determination of Congress, where no new light is thrown upon the subject, or weighty matters occur to justify a reversion of such their decision; and more expecially, as it appears that the people on the New Hampshire Grants have, by an act of their legislature, on the 22d of February last, in every instance complied with the preliminaries stated as conditional to such guaranty.

"The legislature, taking up this matter upon general principles, are further of opinion, that Congress, considered as the sovereign guardians of the United States, ought at all times to prefer the general safety of the common cause to the particular separate interest of any individual state, and when circumstances inay render such a measure expedient, it ought certainly to be adopted.

"The legislature know of no disposition in Congress to attempt to reduce the said people to allegiance by force; but should that be the case, they will not consent to the sending any military force into the said territory to subdue the inhabitants to the obedience and subjection of the state or states that claim their allegiance.

"They disclaim every idea of imbruing their hands in the blood of their fellow-citizens, or entering into a civil war among themselves, at all times; but more especially at so critical a period as the present, conceiving such a step to be highly impolitic and dangerous.

"You are, therefore, instructed to govern yourselves in the discussion of this business by the aforesaid opinions, as far as they may apply the eto."

Secret Journal of Congress, (Foreign Affairs,) 3d December, 1782, vol. 3, p. 255.

Diplomatic Correspondence, (First Series,) 2d December, 1782, vol. 11, p. 282.

Public Journals of Congress, 5th December, 1782, vol. 4, p. 119.

Washington's Writings, vol. 8, p. 382.
See Debates below, p. 12.

NOTE 6, PAGE 11.

Public Journals of Congress, 4th December, 1782, vol. 4, p. 111.

Minutes of Assembly of Pennsylvania for 1782, pp. 663, 672, 675, 733: the Memorials appear at large in the Minutes.

NOTE 7, PAGE 16.

Public Journals of Congress, 6th December, 1782, vol. 4, p. 114; 12th December, 1782, vol. 4, p. 118; 18th December, 1782, vol. 4, p. 120; 20th December, 1782, vol. 4, p. 123; 31st December, 1782, vol. 4, p. 127, 2d January, 1783, vol. 4, p. 128; 14th January 1783, vol. 4, p. 142.

Secret Journals of Congress, (Domestic Affairs,) 3d January, 1783, vol. 1, p. 246.

Diplomatic Correspondence, (First Series,) 4th January, 1783, vol. 11, p. 291.

The Providence Gazette, 24 November, 1782; the Boston Gazette, 10th November, 1782. See Debates below, pp. 20, 80.

NOTE 8, PAGE 19.

Diplomatic Correspondence, (First Series,) 12th October, 1782, vol. 4, p. 25; 18th September, 1782, vol. 8, p. 125; 13th October, 1782, vol. 8, p. 128; vol. 8, pp. 163, 208; 4th January, 1783, vol. 8, p. 215; 10th July, 1783, vol. 7, p. 67; 22d July, 1783, vol. 4, p. 138.

Life of John Jay, vol. 1, pp. 145, 490.

North American Review, vol. 30, No. 66, p. 17: vol. 33, No. 73, p. 475.

See Debates below, p. 77.

NOTE 9, PAGE 26.

Secret Journals of Congress, (Domestic Affairs,) 17th January, 1783, vol. 1, p. 253.

NOTE 10, PAGE 27.

The first of these letters is dated "23d September, 1782;" Diplomatic Correspondence, (First Series, 23d September, 1782, vol. 6, p. 416; 8th October, 1782, vol. 6, p. 432.

Public Journals of Congress, 23d January, 1783, vol. 4, p. 144.

Secret Journals of Congress, (Foreign Affairs,) 23d January, 1783, vol. 3, p. 289. See Debates below, pp. 27, 38.

NOTE 11, PAGE 29.

Public Journals of Congress, 24th January, 1783, vol. 4, p. 151; 20th February, 1783, vol. 4, p. 165. Public Journals of Congress, 30th January, 1783, vol. 4, p. 153.

Diplomatic Correspondence, (First Series,) 24th January, 1783, vol. 12, p. 325.

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