Laws of the State of Delaware - Volume 01

              TRIM THE FOURTEENTH DAY Ci kIFOBER, ONE THOUSAND' SEVEN *
HUNDRED, TO THE iLIGHT;e. DAY OF AUGUSTo ONB
THOUSAND 'SEVEN HUNDRED' AND ilINET4.SEVEN.
e-
N E W-C 4 T L E:o.
410-t *
P. HINTED BY SAMUEDokND JOHN ADAAIS.
I 2tc4Xed tA4do7".
PY,
t-3
. IN TWO VOLUMES.
4 ., V.pLiymn I.
"
United States of America.
irE the,People of Ae United States, in order to form a more
perfeet Union, eftablifh.Nlice, enfure domeflic rranqui-
.. lity, provide for the'comnion Defence,. promote the gene-ral
ff:elfare, and fecure the Blejlings of Liberty:to-oar
felves ,and our Pylerity, DO ORDAIN- AND 'ESTABLISH
this CONSYITIMION fór the UNITED STATES
bf AMERICA.
AR
LL Legiflativepowersherein otanted _ssi _at ve SECTION I. fhall be vefted in a Congrefsof the P0%'/2.
United States, Which fhall confift of a Senate and
Houfe of Reprefentatives.
SECT. Z. The Houfc of Reprefentatives limit be
compofed of members chofen every fecond year by (7
tRhe.prietunrtae
the people of the feveral ftates, and the eleftors in each
ftate [hall have the qualifications requifite for elec-tors
of the moil: numerous branch of the State Legif-lature.
No perfon fhall be a Reprefentative who {hall not
have attained to the age of twenty-five years, and been Tialli"'" of t is members. leven years a citizen of the United States, and who
fhall not, when elefted, be an inhabitant of that ftate
in which he than be chofen.
Reprefentatives and direa taxes fhall be appor-
Ree tioned among the feveral ftates which may be includ- io n _ rcil ree2rtaxres,
VOL. I. J3 ed )40w apportion.
, --"--".'"".-77'; .`'.a 7°
t vi I
ed within this union according to their rerpedive
numbers, which lhal; be determined by adding to the
whole number bf free 'petfons, including &fore bound
to fervice for a term of years, and excluding Indians not
taxed, three-fifths of all other perfons. The adtual
enumeration alail be made within three years after- the
firft meeting of the Congrefs of the United States, and
within every fubfequent term of ten years, in fuch
Future ratio oT manner as they 'hall :by law dire-61. :The "nuMber of
Itererenta""` Reprefentatives Thal] not exceed one for every thirty
thoufand, but each ftatdfhall have at leaft one Repre-fentative;
and until fuch eriiimeration fhall In made,
the ftate of New-Hampfhire fhall be entitled to chufe
three; Maffachuretts eight; Rhode,Ifland and Pro-vidence
Plantations one; Conrielicut five New
Prefent ratio. York fix; New-jerfey four ; Pennrylvania. eiglt ; ,De-
!aware one; Maryland fix; Virginia ten; 'North,Ca-e
rolina five; Saudi-Carolina five; and.Georgia three.
When vacancies happen in the reprefentation.from
Of vacancies. any ftate, the executive authority thereof Mall Me
writs of eleaion to fill fuch vacancies.
Of
officers'
and The Houfe of Reprefentatives lhall chufe their
power of flu,.
peachment. Speaker and other officers; and fhall have the role
power of inipeachtnent.
OF the snug. SEcr. 3. The Senate of the United States fhall
compared of two Senators from each flaw, chofe n.
Legiflature thereof, for fix years; and each'Sena-tor
have one vote.
clafilng the IMMC8lateiy after they fhall be affembled in con-
Senators. fequence of the firft eleftion, they fhall be divided as
equally as may be into three claffes. The feats of the
Senators of the firft clafs than be vacate&at tkike expi-ration
of the fecond year, of the fecond claCat the
expiration of the fourth year, and of the third olaRLat
the expiration of the fixth year, fo that onetWinay
be chofen every fecond Oar; and if vita A_ILliap-pen
by refignation, or otherwife, during the ..#c'efs of
the Legiflature of any Itate, the executive gi ereofay
make temporary appointments until the nIxehOhting
ofthe Legiflature, which (hall then fill fuch-v4áficies.
Qualification of No perfon fhall be a Senator who (ball not:have at-
Senators. mined to the age of thirty years, and been nine years,
a citizen of the United States, and who 'hall not when
ele6ted
[ vii 1
eleeedbe an inhabitant of that ftate for which he
fhallbe choferi. r.,
The Vice-Prefident., Of the United States, fhall be or the Vici
Prefiderit of,the Senate but fhall have no vote, Prefident.
lefs they be:equally, divided.
The Seria:te fh.all.cliute their -other Officers, oa .awo Of the officers of
a Prefidentproiempore in the abfence of the Vice-Pre- the Senate.
fident, .or. when. he (hall exercife the,office of Prefident
Of the'United States.
The Senate (hall, have the .fole power to try all im- or the power
peachments, When,fitting for thatpúrpofe, they (hall to try impeach..
be on oath or .affinnattori. ,V(Then the Prefident of the menu.
United States is tried,,,the Chief Juftice fhall préfide :
and no perfon (hall be cenvkied, without the con-eurreirce
of two4hirds of the members prefent.
Judgment in. cafes of impeachment (hall not extend
further than. to removal from office, and difqualifica-tion
to. hold .and enjoy any office of honour, truft or
Ir'ofit under the United States ; but the party con-
- Vi&ed (hall neverthelefs be liable and fubje& to in-diament,
trial, judgment and puniflunent, according
to law.
SECT. 4. The times, places,and manner of holding of I Ft;
ele&ions for Senators and Reprefentatives, !hall be
prefcribed in each ftate by the Legiflature thereof: but
the Congrefs may avany time by law make or alter fuch
regulations, except as to the places of chufing Sena-tors.
The Congrefs [hall affemble at leaft once in every or the nuetinx
year, and fuch meeting (hall be on the firft Monday of Congrcfs.
in December, unlefs they [hall by law appoint a
different day.
Sum... 5. Each Houfe {hall be the judge of the elec- Of the powers of
tions,4 returns and qualifications, of its own members, fpedively.
the Houfcs re-a
mai
ority of elch (hall conftitute a 'quorum to
..1) finefs .but afinalle; numbo.r may adjourn from
ay, ay, and may be authorifed to compel the at- 164,0
terid e of abfent members, in fuch manner, and ,
fin!_;,
h penalties, as each Houfe may provide.
Ee t t .
Houfe may determine the rules Of its pro-ceediri
punifh its members for diforderly behaviour,
and with the concurrence of two-thirds, expel a
mernber.
t viii I
Cir Pu'- Each Houfe fhall keep a journal of its_proceedinn; ti, a of the lour.
aa.. and from time to time publifh the fame, excepting
fuch parts 4s may in their judgment require fecrecy.;
and the yeas and nays of the members of either Houfe
on any queltion, /hall, at the delire of one-fifth Of
thofe prefent, be entered on the journal.
Of adjourn- Neither Houfe, 'during the feflion of Congrefs,
:tent. ihall, without the confent of the other, adjourn for more
than three days, nor to any othe,r place than that in
which the two Houfes fhall be fitting.
Cempenfations agc T. 61, The Senators and Reprefentatives ¡hall
a"d Pri'ilegc'' receive a -compenfation for their fervices, to be af-certained
by law, and paid out of the,treafury of the
United States. They fhall in all cafes; except treafon,
felony and breach of tlie peace, be privileged from ar-nit
during their attendance at the felon of their re,;.
fpedive Houfes, and in going to and returning from
the fame; and for any fpeech or debate in eitherPoufe,
they than not be quettioned in any other Place.
Exelaion foin NO Senator or Reprefentative ihall, during the time
for which he was eleaed, be appointed to any civil
t.i oirlix. dice under the authority of, the United States, which
Mall have been created, or,the emoluments whereof
¡hall have been increafed during fuch time; and no
perfon holding any office under the United States,
!ball be a member of either Houfe during his conti-nuance
in office.
Orrcrenue 4:nr. SECT. 7. All bills for railing revenue ¡hall originate
in the Houfe of Reprefentatives ; but the Senate may
propofe or concur with amendments as on other bills.
Every bill which Mall have paffed the Houk of Re-prefentatives
and the Senate, ¡ball, before it become
a law, be prefented to the Preficle.nt of the United
in Nr- States ; if be approve he fhall fign ir, but if not he
r.,q, hilts. ¡hall return ir, tvith his objedions, to that Houfe in
Which it ¡hall have Originated, who ¡hall enter the ob-jedions
at large on their journal, and proeeed to re-confider
ir. 1T after fuch reconfideration, two-thirds
Of that Houfe fhall agree to pafs he bill, it (hall be
rent, together with, the objedions, to the other Houfe,
by which ir ¡hall likewife be reconfidered, and if ap-proved
by two-thir4oh Oat Houfe it (hall become a
law.liut in all 'fuel) cales the votes of both Houfes
ix 1
aiail btdeterthined by 'yeas arid nays, and the names
of the perforis*Oting for árid againft the bill fliall be
entered on the journal of each Houfe refpeftively.
If any bill not be returned by the Piefident
within ten days' (SUndays excepted) after it Thall
have been prefented to him, the fame fhall be a law,
in.likerri`ánner`as if he had figned ir, unlefs the Con-
&di by`their adjournment prevent its return, in which
cafe it fhall not be alaw.
Every order, refolution or vote to which the con- two, .
Craw, Refolu.
currence of the Senate 'and Houfe of Reprefentatives
.t V.
may be neceffary (exeépv on a queftion Of 4i:imm-inent)
Ihall be prefented to the Prefident of the Unit
ed. 'States; and before the fame fhall take effeft,
be approved by him, or beirig difapproved by him,
Than be re-paffea by two4hirds of the Senate and
Houfe. of Reprefentatives, according to the rules and
limitations.prefcribed in the cafe of a bill.
SECT. 8. The Congrefs "hall havepower
i
sf Conyers,
General powers
To lay and colle& taxes, duties, mpofts and 'ex-cifes,
to pay the debts and provide for the com-mon
defence and general welfare of the United States;
but all duties, impofts and excifei fhall be uniform
throughout the Umted.States :
To borrow money on the credit of the United
States :
To *regulate commerce with foreign nations, and
among the feveral ftates, and with the Indian tribes :
To eftablifh an uniform rule of naturalization, and
uniform laws on the fubjeft of bankruptcies through-out
the United States;
To coin ,money, regulate the value thereof, and'of
foreign coin, and fix the ftandard of weights and
11-matures:
To provide for the punifhment of counterfeiting the
fecurities and current coin of the United States :
To eftablifh poft-offices and poft-roads :
To promote the progrefs of fcience and .ufeful arts, Igigtz'
by fccuring for limited times to authors and inventors
the exclufive right fes their refpe&ive writings and
d ifcoveries
To conftitute tribunals inferior to the Supreme
Court t
To
x:
To define ,and, punith. piracies and felonies..cornmit
ted on the high.feaS;, and. offences, againft the:laW ot
nations:
To declare war, grant letters of marqUe and :re-..
Offal, and Make, rules. concerning capturéS, on lincr
and water :
To raife and fupport armies, but ne appropriation
9f money to that ufe thali be for a longer terra than,
two years :
To provide and, maintain, a navy :
Ta make,'rules for the gevernment and regulation,
of the land and naval forces:
To provide for calling forth the militia' to execute,
the laws of the u.nion,. fupprefs infurredtions, and re,
Pel invafions. :,
To provide. for organizing, arming.; and
ing the Militia, and for governing fii-ch part' of them,
as may be employed in the fervice of the United States,
referving to the ftates refpédively, the .appOintment
of the officers, and the authority. of training the militia
according to the difcipline prefcribed: by' Congrefs :
Exciurive jurir. To exercife exclufive legiflation 14 all' cafes what-cliftion
of Con. foever, over fuch diftrid -0-tot exceeding- ten miles
grefs. fquare) as may by ceffion aparticular Rates,. and the
acceptance of Congrefs,bedome the feat of the govern-ment
of the United' States', and tò eXercire like au-thority
over all places purchafed by the confent- of the
Legiilature of the ftate in which the fame fhall be, for
the ere6tion of forts, Magazines, arfenals, dock-yards,
and other needful buildings: And
To make all laws which lball be neceffary and pro-per
for carrying into execution the foregoing powers,
and all other powers veiled by this conftitution in the
government of the United States, or in any depart-ment
or officer .thereof..
Reftrietions on SECT. 9. The migration or importation of fuch
the powCIS of perfons as any of the ftates now exifting (hall think
Cungi efts. proper to admit, ikall not be prohibited by the Con-arefs
prior to the yearone thoufand eight hundred and
eight, but a tax or duty: may- be impofed on fuch im-portation,
not exceeding Ten Dollars for each per-fon.
Tile privilege of the vTit of babeas corpuc (hall not
be
T xj
tirilets When in(Cafes'Of bet ti 'brin,
vafion the public fafety may reqiiiteit.'
No bill of attainder or ex pyllatio law than be paired.
No capitation, or Other direatax fhall"be laid, un.,
Ids in -proportion to the cenfits 6r enumeration herein
before direaed to be taken...
No tax Or dutY -.than be 'laid on articles exported
'from any Itate.":. NO prefeteriee thin be -given by ariY
egulatiOn of toMmerce or TeVenue to the pints Of One
f.i..-ate. over thole of another; norlhall veffels bound to,
'drfrorii, orit'fiate, be -Obliged tó enter, elear,vor 'Pay
dniiesin another.
No inoney than- bedrawn from the treafryü,. but . . . . in córifecluence of appropriations made by law -; and a
'regular .ftaternent'and account df the receipts and -ex-enditures
Of all public mbney fhall be publithectfrorn
time to time..
N6 title Of nobi1ir than be gtanted by the United
State's : And'nô perfón -holding any office ofprofit or
'quit trideiihem, (hall, without the confer-it of the
Congrefs, accePt of any prefent, -emolument, (Ace,
or title of a'ny kind whatever, from any king, 'prince,
or foreign,itate.
SECT. ro. "NO-ftate.thail enter into .anytreaty, al- Reffation,on
liance, 'or-Confederation; rant lefteri Of marque ana the powers of the
reprifal; toin money; emit bills of credit ; make any feveral States.
thing but gold and filver coin a tender in'payment of
debts; ,pafs any bill of attainder, ex pofi fatio 'law, or
law impairiq-, the-obligation of contraes, or grant anY
titile of nobility.
No fiate 'than, without the confent of the Congrefs,
,lay any impofts or duties on imports or exports, ex-cept
what May be abfolutely neceffary for executing
its infpeaion laws ; and the net produce of alt duties
.and impofts, laid by any ftate on imPorts or exports.,
Thail be 'fOr he ufe of the treafury of the 'United
States ; and all fuch laws than be fubjea to the revi,.
fion and controul of the Congrefs. -No ftate {hall,
without the confent.of Congrefs, lay any duty of toni
nage, keep troops, or (hips of war in time of peace,
enter into any agreement or compaa with another
ftate, or with a foreign power, or engage in war, un-
, lefs
xii j
lefs adually invaded, or in fuch imminent,danger
will-not-admit of delay.
..A. RT I-C
°film becutive SE:CT. i. The Executive power Ilialfhe''Velteci. in a
power Prefident of the United States of Arnerica; ne" than
hold his office during the term of fdiii: yeari; 'and to.,
gether with the Vice-Prefident, chofen fOr .the fame,
term, be eleaed as:folloWs
of the mode Each ftate in; ftich manner di the Le7
1118'"' giflarure thereof may direft, a number, of eleCtOrs,
equal to the whole number of Senators and kepre-fentatives
to which the ftate "may'he entitled in .the
Congrefs : but no Senatér or Reprefentativ.e Perfon
holding. an office of truft or profit Under. ;lie United
States, fhall be appointed an ele&ör.
and proceedings The eleCtors fhall meet in their,reflieaive-ftates,
therein, and vote by ballot for 'two. perfons, of whoin (ine ac
leaft fhall not be an inhabitant of ihe fame ftate with
themfelves. And they fhall Make-a lift of all the per,
fons voted for, and Of the number of votes for each ;
which lift they ihall fign and certify, and tranfmit,
fealed, to the feat bf the government of the', United
States, direaed tö the Prefident otthe Senate. The
Prefident of the Senate fhall, in the prefence of the
Senate and Houfe of keprefentatives, .open all the
certificates, and the votes fhall then be Counted. The
perfon having the greateft number pf votes fhall be
the Prefident, if fuch number be a majority of the
whole number of eleaors appointed ; ánd if there be
more than one who have fuch majority, arid have an
equal number of votes, then the Houfe of "keprefen-tames
fhall immediately Chufe by ballot one or them.
for Prefident ; and if no perfon have a majority, then
from the five higheft on the liftthe faid Houfe that' in
like manner chufe the Prefident. But in chufing the
Prefident, the votes ihall be taken by ftates, the re-prefentation
from each ftate having one vote ; a quo-rum
for this purpofe fhall corifift of a member or
members from two-thirds of the ftates, and á majority
of all the flates ihall be necefrary to a choice. In every
cafe, after the choice of the Preficleiit, the perfon
having
[ xiii
,
having the greateft *number of votes of the eleftors
'ball be the Vice-Prefident. But if there fhould re-main
two or more who have equal votes, the Senate
than chufe from them by ballot. the Vice-Prefident.
The Congrefs may determine the time of .chufing
the ele&ors, and the day on which they fhall give
their votes ; which day !hall be the farrie throughout
the United States.
No perfon 'except a, natural born .citiien, , or a citi- Qualifications or
zen of the United States, at the time.of the adoption the. Prefident
of this' conftitution, fhall be eligible, tothe,:office of
Prefident ; neither (hall any p,erfon be eligible'to.that
.ofTice who ihall not have,attamed to the a,ge of thirty-five
years, and been fourteen years a refident With-in
the United,States.
In cafe of the removal of the Prefident from ciitiCe, rrovirinnineare
or of his death, refignation, or inability to difcharge ol bib death, ifty.
the powers and duties of the faid office, the fame
fhalf devolve on the Vice-Prefident, aiid,the COngrefs
may by law provide for the cafe ,9f reinoval, de'ath, reL
fianation, or inability, both of the Prefident, :and
Vtice-Prefident, declaring what officer {hall then,aa.as
Prefident, and fuch officer. ¡hall aft accordingly, .,un-tu
l the difability be removed, or a Prefidént Alan be
ele6ted. . . The Prefident (hall, at ftated times, eceive forhis Prefident's:cm,
Cervices, a compenfation,.: whiCh hall neither be in- penfation.
creafed nor diminifhed during the peribd for which
he fhall have been ele&ed, and he lhall' not receive
within that period any other aemolument from ,the
United States, or any of them.
Befiire he enter on the execution of his ()glee, he.
(hall take the following oath or affirmation :
" I do folemnly fw.ear (or affirm) that I will faith." His oath.
" fully execute the office of Prefident of the. United
" States', and will, to the beft of my abili6`r, pre-
" ferve, protea and defend the conftitution of the
" United State's."
SECT. 2. The Prefident (hail be, Commander in` Ceneral power:
Chief of the ariny,and navy of the .United States, and ol Prcfidat.
of the militia of the feveral ftates, when called into the
a6tua1 fervice of the United States ; he may require
the opinion, in iVriting, of the principal Officer in'
Vol. I. ' C each
l
xiv
each of the executive departments, upon any fubjea
rela.ting to the .duties of their refpeftive offices, and
he (hall have power to grant reprieves and pardons for
offences againft the United States, except in cafes of
impeachment.
He {hall have power, by and with the advice and
confent of the Senate, to make treaties, provided two-thirds
of the Senators prefent concur; and he 'hall
nominate, and by and with the advice and confent
of the
Senate'
fhaIl appoint ambaffadors, other public
minifters and confuls, judges of the Supreme Court,
and all other officers of the United States, whofe ap-pointments
are .not herein otherwife provided -for, and
which (hall be eftablifhed by law. But the Congrefs
may by law veil the appointment of fuch inferior of-ficers,
as they think proper, in the Prefident alone,
in the courts of law, or in the heads of departments.
The Prefident (hall have power to fill up all vacan-cies
that may happen during the recefs of the Senate,
by granting commiffions which (hall expire at the end
of their next feffon.
Further powers SECT.3..He (hall from time to time give to the
and dudes Congrefs i nformation of the ftate of the union, and
recommend tò their confideration fuch meafures as he
(hall judge necefrary Wand expedient ; he may on ex-traordinary
occafions, convene both Houfes, or either
of
them'
and in cafe of difagreement between them,
with refp eEt to the time of adjournment, he may ad-journ
them to fuch time as he (hall think proper ; he
(hall receive ambafradors, and other public minifters ;
he (hall take care that the laws be faithfully execut-ed,
and !hall commiffion all the officers of the United
States.
Of Impeach. SECT. 4. The Prefident, Vice-Prefident, and all
ment civil officers of the United States, (ball be removed
from office on impeachment for, and conviaion of,
treafon, bribery, or other high crimes or mifde-meanors.
ARTICLE III.
Of the judicial SECT. I. The judicial power of the Unitecl,States,
potoef. (hall be vefted in one Supreme Court, and in fuch in-ferior
[ xv ]
ferior courts as the Congrefs may from time to time or-dain
and eftablifh. The judges, both of the Supreme
and Inferior Court, fhall hold their offices during good
behaviour, and .fhall, at ftated times, receive for
their fervices, a .compenfation, which (hall not be di-minifhed
during their continuance in office..
The judicial power (ball extend to all cafes, its extent.
in law and equity, arifing under this conftitution, the
laws of the United States, and treaties made, or which
fhall be made, under their authority ; to all cafes af-fe&
ing ambaffadors, other public minifters, and' con-fuls
; to all cafes of admiralty and maratime jurifdic-tion
; to controverfies to 3.vhich the United States (ball
be party ; to controverfies between two or more
ftates, between a ftate and citizens of another ftate,
between citizens of different ftates, between citizens
of the fame ftate claiming lands under grants of dif-ferent
ftates, and between a ftate,,, or the citizens
thereof, and foreign Rates, citizens7or4'ubjeas.
In all cafes affeding ambaffadors, other public mi- Of original mill
nifters and confuls, and thofe in which a ftate 111411 APPoate iuNi"
dittion. be party, the Supreme Court (ballhave original ju-rifdidion.
In all the other cafes before mentioned,
the Supreme Court (ball have appellate jurifdiaion,
both as to law and faft, with fuch. exceptions, and
der fuch regulations as. the.Congrefs (ball make.
The trial of all crimes, except in cafes of impeach- Of trial by'jury.
ment, ihall be by jury ; and fuch trial (ball be held in
the flate where the faid crimes [hall have been com-mitted
; but wheri not committed within.any ftate, the
trial (ball be at fuch place or places as the Congrefs
may by law have direded.
SECT. 3. Treafon againft the United States, (ball Of treafort,
confift only in levying war againft them, or in adhering
to their enemies, giving them aid and comfort. No
perfon be convifted of treafon, unlefs on the tef-timony
of two witneffes to the fame overt atI, or on
confeffion in open court.
The Congrefs (ball have power to declare the pu-nifliment
of treafon, but no attainder of treafon (hall
work corruption of blood, or forfeiture, except durin
the life of the'perfon attainted.
AR.TIC LE
Of records, &c.
Of citicenfhip.
Of fugitive cri..
xvr
ARTICLE IV..
SEcT. r. Fill-faith arid dredit fhall be givenin
each itate tóthe Public ads:, records.and judicial pro-ceedings.
ciCev'eryther ftate. And the*COngrefs.may
by generrillawsprefcribe the manner in --'which fuch
adls'. records and-proceedings fhall be proved;-and. the
eifekthereof.'
SEer. 2. The citizens of each ftate fhall be entitled
to all privileges and immunities of citizens in the fe-veral
ftates.
A perfon charged in any flate with treafon, felony,.
or 'other crime, who 'hall flee from
juftice'
and be'
found in another ¡late, 'ball, on demand of the exe-7-
eutive authority of the 'late from which he fled, be
delivered up, to be removed .to the flote having jurif-.
cliétion of the-crime.
No perforiAld!to fervice or labour in one flue, un-
.id perfons held
tervi,c. der the laws there-of, efeaping into another, !hall, in
confequence of Any law or regulation therein,. be dif-;'
charged from aich fervice or labour, but (hall be de-livered
up on claim of the party to whom fuch ter-vice
or labour mav be due.
orn,,, flaw. SECT. 3. Ncw.flates mOy be admitted by the Con-grefs
into this union ; bit no new flate fhall be formed
or erefted within the jurifcliftioti of any other flaw ;
nor any flaw be formed by the junaion of two or
more flares, or parts of ftates, without the confent of
the Legiflaturcs of the flaws concerned, as well as of
the Congrefs.
Of Olt teffir., The Congrefs lball have power to difpofe of and
Swe.. make ail needful rules and regulatiOns relPe6tincr thc
territory or other property belonging to the tJnited
States; and4 nothing in this conftitution fhall be fo
conitrued as to prejudice any claims of the United
States, or of any particular ftate.
F,., of Re. SECT. 4. The United States lball guarantee ro eve--
v.1'11,m a- y ilate in this union a republican form of govern-ilmri.
t 6ua. merit, and fhall proteft each of them, againft invalion
and on application of the Legiflature, or of the, execu-tive
(when the Leg:II:Attire cannot be.convened)againft
40111CalC
ARTICLE
xvii
AR T I ,C L E
The Congiçf's,' Whenever tl,vp.H ou'''fes
to the conaitn=`;:
Ofamendmenta-
1411 deem it neeekary, fhall ,Prop4A040,Nii; to' tion.
this conftitiition,,,,.or, on the apphcaaOIMAilie
laturés Of iwo-thirds: of the feVeral,' cail . a
.ConventiOir. for. ,proPofing anienIchrk in
either, café; 1141 bg valid tp a11 int,ents purpofes
as part of this Conititution, when ratified .1),Y, the. Legie..,
latures:of three-foUrthS,ofthe-feVeidiftates, .or, by Con-ventions
in three-fourthS' -thereof, as the one,-. or the
other mode of ratification may, be . propofed by the .
-Congrefs : 'Provided, That. no amendment which may,7.::::
-b'ermade prior to thé 5iear' one .thOufand eight hun-tireXand
eight, than in any manner affe6t the fiiffand,,,
fOtir'illolailles in th&.ninth fe6tiOn of 1 e firft artiCle ;.
..an&that no ftate, 'Without its cohfe 1 be depriv-
Of its equal fuffrage in the Sénate.
A R T C L E VI..'
All debts Contraeted; and engagements entered into,
debts.
Offormer
before the adoption óf this 'conftitution, !hall be as va-lid
againfl the United 'States.; ii,nder this conftitution,
as under the confederation.
This conftitisition,,.a.nd the laWs of the United States Force ef the
which (hall be Made in purfuance thereof, and all conftitution,
treaties made, or which Ihall be made, under the au- Itaiewss. and trea-thority
of the United States, [hall be the fupreme law
of the land; and the 'judges in every ftate (hall be
gound thereby, a47' thing in the conftitution or laws
of any ftate to the Ontrary notwithftandino..
The Senators and Reprefentatives beere mention- Of a
ed, and the members of the feveral State Legiflatures, telt.
and all executive and judicial, officers both of the
United States, and of the fev,eral iates, (hall be
bound by oath or' affirrhation, tó fupport this conftitu-tion
; but no religious teft thall:ev6r be required as a Of a teligious
qualification to any office or pUblic truft under the teft'
United States.
ARTICLE
f
:11
'4!t- [ xviii ]
A R T I C L E VII.
Of the rattfieh
.. .. A.
. , . 6.,::tatification of the Conventions of nine ftates, 1
r..,
11
ti on of the cos. fhalLbiTifiifficient,for the eftablillunent of this confti-ititution.
i .
tlitIGHt!bétW6ektil dtes fo ratifying the fame.
4?.,,L ,
'iiintion; b.Ohe stnanitn6u.t' Conlent of the
.4.10VO '''
ÈiPkiYei,ehtientY da)' ' of :Sel3tembe'r; 'ilt`the
` da4iftiAlióril Ottr Thostjaild SeVe.Hutidreci _and
'Eight:y*en;. dnd of .the bidépetidenee' of the thilted
'State's of America the Twelfth. In tvitnefs whereof
'zee have heretinto fitbfeirihelitOsirNaihes.
.11; d. EORGE WASHINGTON; Pre/id
e'11/
And. Deputy trom , ,
Nt.W-HAmPs
MASSACHU
CONNECTICUT,
NEW-YORK,
NEW- JERSEY,
PENNSYLVANIA,
DÉLAWÀRE,
MARYLAND,
S John 'Laiigdon, . :.
..,¡Nicholas Gilinan.
liufuathis
nielgorham,
5 William Samuel Johnfon,
¡Roger Sherman.
Alexander Hamilton.
William Livingfton,
.,)David &Orly,
.. Williatii Pàtterfbn, -
'Jonathan' Dayton..
(Benjamin Franklin,
Thornas Miffliii, '
Robert Morris,
George Clymer,
1
Thornas"Fitziimons,
Jared Ingerf011,
jdanés Wilfon,,
Gouverne4r,Múrris.
GeOrge .Read, _
Gunning Bedford, junior,
. Jóhn Dickirifon,
Richard Biiffett, .
;(cOb'BroOni...
' james 1VPHenry,
Daniel of St. Thomas Jenifer,
Daniel Carrol. '
VIRGINIA,
,.
NORTH-CAROLINA,
s
JOTJTHCAROLINA,
, ' '
G,EORGIA.
r xix 3
S John Blair;;,, :,,,';
1James Mádifon;, junto
IWilliam'Bloft
RiC el, Do Hit ,yVilligii
' John Ruiltlka
)Charlesgoterwdrth A i lickasy , 4. >
Charles'tP,inckney,
Pierce BUtler. l'.,
William Few, ' .
Abriham Baldwin. c
Monday, September 17th,
PRESENT,
'fete. WILLIAM JACKSON, Secretarj.
The States Of NEWHAMPSHIRE, MASSACHUSETTS,
CONNECTICUT, Mr. Hamilton from NEWYORK,
NEW JERSEY, PENNSYLVANIA, DELAWARE, MA.
RYLAND, VIRGINIA, NORTHCAROLINA, SOUTH-CAROLINA
and GEORGIA
RESOLVED,
THAT
the preceding conftitution be laid be-fore
'the United States in Congrefs affembled,
and that it is the opinion of this Convention, that it
1hould afterwar.ds be Pubmitted to a Convention of
Delegates, chofen in each ftate,by the people thereof,
under the recommendation of its Legiflature, for their
affent and ratification; and that each Convention af-fenting
to, and ratifying the fatne, fhould give notice
thereof to the United'States in Congrefs afrembled.
RESOLVED, Th'at it; is the opinion of this Conven-tion,
that as fowl' as the Conventions of nine ftates
fhall have ratified this conftitution, the United States
in Congrefs afrembled thould fix a day on which elec-tors
fhould be appointed by the itates which (hall have
ratified
. [ xx . . . 'ratified the).fame, and a day bri which the eledors
fhou.l_d..,'.a...f. femble .t.o.,. ,v ote for, the Prefident, and the time . . . ancl.plase_for inrEenting:proceedings under this con-. ..,. .- itittitio,tyr' t';'after 'fuel); publication the..eledors fhOalb .:sT . . . ., ritecit..:an&the Senators and geprefen-taiiis.
el hit. the ele&C;is' fhould.meet on the
daytfixe foOhé eledion of
the...Prefident'
and ihOuld.
tranfinit their votes certified, figned,' fealed and'id;i7
reded, as the conftitution requires, to the Secreary-of
the United States in Congrefs affembled, that the,-
Senators and Reprefentatives. fhould convene at...the'
- .time and place affigned; that the Senators fhould -ap-i;,
point a prefident of the Senate, for the fole p:urpofe of
- reCeiving, opening and counting the votes fot_P
dent.: and,4that after he fhall be chofen, theJO-On
grefs, toge ith the Prefident, fhould, witliönt
delay, prot execute this conftitution.
. i . By the una'nimous orikthe Convention,
GEORGE WASHINGTON, Prefident.
WILLIAM JAcicsoN, Secretary.
WE have now the honour to fubmie to the con.
fideration of the United States in Congrefs af-fembled,
that conftitution which has appeared to us
the moft advifeable.
The friends of our country have long fecn and de-fired,
that the power of making war, peace and trea-ties,
that of levying tnoney and regulating commerce,
and the correfpondent executive and judicial autho-rities
fhould be fully and effedually yelled in the fr,?e¡....
neral government of the Union : But the improprie-ty
of delegating fuch extenfive truft to one body of
me ri
In Convention,
September 17th, 1737.,
SIR,
kri 1
'men is evident. Hence refults the,neceffity ,of a differ-eiltroVntZotiOn.
:
It rs.tibVitly impra&icable in the -.federal govern-ment
of the'-feState'S; st& teCilifélk."r,ights,of indepen-dentibvereigri0
to each, and yet:1).63615r the inte;:
'reft and fafetyof. all Individuals enterineinto-foci-
':ety, muft give up a (haré of ribertytò preferVe the refl.
Theiritnitudecof the facrificMuft 'depend as well
'onfitilation and circumftance, as on the obje& to be
4tairiedr; It is.ot all-times-difficult to draw with preci-_
;464:the. line betWeefiTthofe rights 'which muft be fur-
--*n.dered, and thofewhich.rnay be referved;. and on
-the,prefent'occafiOn. this difficulty, was increafed by a
differehce among the feverat ftatems to their fitu.ation,
.extent, habits, and particular:interefts.
our dliberations-, Oh this' fad v_elkopt ftea.-
,.`clily in our view,- that which..app* -Us the. -greateft
intereft of every true American ,confolidation of
pur union, in which is.Mvolve&our profperity, feli-city;
fafety, perhaps our national exiftence. This im-pOrtant
confiderition; .feriouily an& ideePly iMpreffed
on our .mincU,' léd eath'itate in the t6rivention to be
lefs rigid on poiiitS. Of harlot.' inatnitude,.,thin- might-hive
been oilieriAiife-"eeaddi .d:ridrihiis the .confti-tution,
which -we. prefent; refult of a Ipi-rit
ofamity, and-Of thatniutual deference; concef-fion
which the ,peculiarity of out.p6litical fituation
rendered indifpenfible. .
That it will meet the full and entire approbation of
every Rite is not perhaps to be eipefted; but each
will clóbbtrefs confider, that had her inttreft been alone
confulted; the.confequences mightdiav.: been particu-larly
difagreeable or injurious to.oshers that iviblia-ble
to. as few exceptibris as could reatoriably-have been
.expefte.d we hope and believe ; that it may prosmote*.
the kiting welfare 6f that country fo dear to us all,
ancl-tfecur her .freedom and happinefs; is dur molt
'ardent Wall.
With great refpeel, we have the honour to be, Sir,
Tour ,Excellency's nthJi obedient aniihumblefervants:
GEOR.GE WASHINGTON, Prejident
Py unanimous order Of the COnventioit..
His Excellency the PRESIDENT 6f CONGRESS.
VOL. L The
The 'United States in ngreft; . .ÀfFéñ81ed
friday,-September 2,8th, 1.787,
P R E S' E N" T,
NEw-HAmpsHIRE, MASSACHUSETTS,' CONNECTIC*
NEW-YORK, NEW- JERSEY, PENNSYLVANIA, Dii7WV
LAWARE, VIRGINIA, NORTH-CAROLINA,
CAROLINA, and GEORGIA, and from MARYIAND, Mr. Rofs.
Congrefs having received the report, of the Conven-tion
latel*embled in Philadelphia,
'RESOLVED UNANIMOUC,
That the faid report, with the, refolutions andlet-ter
accompanYing the fame, be trinfinitted to the fe-vera!
Legiflaturess, in order to be fubmitted to a Con-vention
.of Delegates, chofen inéach ftate by the peii-ple
thereof, in conformity to the refolves of the Con-vention
made and provided in that Cafe. -
CHARLES THOMPSON, Secretary:
the Conliitution of the United Sta tes was unanimoufly
ratified) on behalf of the State of Delaware, then
the DELAWARE STATE, by the ConventiOn tkereof, on
the feventh day of December, x787,
CONGRESStoP.-ni UNITED STATES, BEGUN
AND HELD AT T clair OF ISTEW-YORK, ON
WEDNESDAY, THE P: FOUTITH OF : MARdit, ONE
THOUSAND SEVEN HUNDRED AND EIGHTYrNINE.
"'he Conventions gf a nuniber of the fiates having at the
time of their adopting the Conllitution exprepel a.delire,
in order to prevent mifcmillrutiion or abufe of its powers,
that further:declaratory and refiriaive claufes Jhould be
added : Aidas. extendingthe ground of public confidence in
she government will bell infure the benificent ends of its
billitution1-7-
RESOIIVED,
by the Senate and Houfe of Re-prefehtatives
of the United States of America in
Congrefs affembled, two thirds of both 1-1es con-curring,
That the following articles be propMEd to the
Legiflatures of the feveral flatesAs amendments to
the Conftitution of the United States, all or any of
which articles, when ratified by three-fourths of the
faid Legiflatures, to be valid to all intents an,d pur-pofes,
as part of the faid conftitution, viz.
ARTICLES in addition to, and amendment of, the
CONSTITUTION OF THE UNITED STATES OF AME
RICA, propofed by Congrefs, and ratified by the
Legiflatures of the feveral ftates, purfuant to the
fifth article of the original conftitution.
Artick the KO.
After the firft enumeration required by the firft ar- or reprefent4.
ticle of the conftitution, there fhall be one Repre- t".
fentativ.e for every thirty thoufand, until the number
fhall amount to one hundred, after which the propor-tion
fhall be fo regulated by Congrefs, that there
lhall be not lefs than one hundred Reprefentatives,
nor lefs than one Reprefentative for every forty thou-fand
perfons, until the number of Reprefentatives
fhall amount to two hundred ; after which the pro-portion
!hall be to regulated by Congrefs, that there
1111111 not be lefs than two hundred Reprefentatives,
or
xxiv I
nor, more than one Reprefentative.,. for every fifty.
thouland, perfonsit.r
. n 7 ) : -I
- *tide, cpud.
VC the comren- -No .1aNV varying the:C-6,1ii¡enfdtiOnfOr.,ifiefeiVices of
fption of MCZ71. the Senators and ReprefentativeS Thali take'.effea, un-bcrs
of Cangrets.
tn. an ele&ion of ReprefentatiYeiThall'IlifyeTritinienécl.
ancest.
the .2'hir,d.
or am ,ights or. Congrefs fhag-make.naliw refpetaing aneftabJiíh-conICIence,
the ment of religion, orprohiibting the free exercife there- free,intn of
refs, s:c of, or abridging the freedom Of fpcech, .or- of the
prefs ; or the rightof the peOPle peaceably to,affemble,
and to petition:the goyernment .for .a:redrefs.;43fgriey
- f
Article the 4,0firth. ,
orth. light o A well-regulated militia, being neceffary,to the fe-bear
ailms. curity of a free ftate, the right-o-f the' people to' keep
and bear arms 11-m1111.ot be infringed.'
Article the Fifth
or quartering No foldier (halt in time of peace be -quartered in
fahLets. any boufe without the cOnfent of the owner; nor in,
time ofwar,. but in a. manner...to, be prefcribed. by law.
Article the Sixth,
Of fecutity The right of the people to be fecure in their per-,
horn fearches, cons, houfes,. papers, and effeas, ,againft unreafon- fticures and ge-
Vera! 1,9rralits. able fearChes andfeizures, than not be *violated'; and
no warrants {ball iffue but upon probable catife, fup.-
ported bY oath or affirmation, ind particularly, de-fcribing
the place.to be. fearched, andthe perfons or
things to be feized. .
or indietments,
punifbments,
&c.
Article the Se.veitth.
No perfon ¡hall be held to anfwer for.a capital, or
otherwife infamous.crime, unlefs ofta prefentment or
indiament of a Grand Jury, exespt in eafes.arifing
in
4
[ xxv
in the -fan& or .naval fortes,,,, or in:the.. militia when in
.a&ual.:fervice in .time of war, or:.pUblic danger.; nor
(ball any perfon be fubje& for the fame offence to be
twice put in jeofiardy of life or limb ; nor (ball be
, On-Veiled any.trithinal.cafe vibe iiritiiefs'againft
himfelf, no be:deprived liberty or property,
'without ,due procefs 6f law ; ,nor (hall private pro-perty
be'táken for pUblic ufe.iiitikait-Suft earnpenfa-tion..
.Articlelhe Eighth.
IA ait critninal'profeCutiónshe.accufed fhallenjoy Of tke rigkts
the 'right tó a fpeedy and public trial,_by an impartial critIlinal cares.
the assured in
jury of. the ftate and diftrtft wherein, the crime (hall
have' been'ciimmitted, which tliftri&. (hall have been
.p`revionfly.afcertained bylaw, and't6 be informed of
the ,nattire and,caufe Of the accufatioi to be con-frénted
with the witnefres agaird'him; to have com-pulfory
procefs fp.r. obtairung.witneffes in his favor,
and to have' the affiftance 6f counfel for his defence.
Article the Ninth.
En fuits *at coMmon law, 'Where the-value in contro- Of trial in
verfy (hall exceed Twenty Dollars, the right of trial vil caf",
by Jury (hall be preferved, and no faa, tried by a
,jury, fhall be otherwife, re-examined in any court of
the United, 'States, than according to the rules of the
common law. "
Article the renth.
Exceffive bail ¡hall not be required, nor exceffive Of bail, fines. fines impofed, nor cruel and unufual punifhments 8".
infli&ed. .
Article the Eleventh.
The enumeration in the conftitution, of certain or rights raw rights, (hall dot be conftrued to deny or difparage o-, fervcd! thers retained b¡ the people.
,
Article th,e,2v.ielfth.
Thp powers not delegated ,t,6 ihe United ,States by Ofpoivers fd. the (erred.
Relation on
the judiciet
rOVICA.
[ 'xxvi
the conftitution,;4xor h prohibited-. by it 'AO :1; the. ftate4,
are referved to the; ftates,.refpeáively, or tcothe
pie. i::¡
FREDERICK AUGUST:US : MU FILENBER G,
Speaker uf the Houfeaf Reprefentatives.
JOHN ADAYL%-, Vire-Prefident .of the (Mite dStatis,
and Prqfident of the Senate.
ATTEST.
JOHN BECKLEY-, .Q1erk of the Houfe of
Peprefentatives.
(SAMUEL A. OTIS, Secretary of the tè.
. . .
tft.All the preceding. aMendments, _pi-opoled by P.Mgref4.
excipt ji:11; ,were. ratified, on 'behalf !'qf the
of Delawar;t: then, , the DELAWARE STATE;
refolutiMis ofMi Houfes of the General. .AffeMbly,
pajd the twenty-eighth day of Yanuary, 179o.
Third Congrefs of the United
States:
AT THE FIRST SESSION,-
Begun and held at the City of Philadelphia, in the State
of Pennfylvania, on Monday the fecond of December,
One Thoufand Seven Hundred and Ninety-three.'
1D ESOLVED, by the Senate and ,Houfe of Repro-fentatives
of the United States of America in Con-grefs
affembled, two-thirds of both Houfes concurring,
That the following article be propofed to the Legifla-tures
of the feveral ftates, as an amendment to the
Conftitution of the United States; which when rati-fied
by three fourths of the faid Legiflatures fhall be
'valid as part of the faid conftitution, viz.
The judicial power of the United States fhall not be
conftrued to extchtt co any fuit in law or equity,
commenced
?mil
eoinmenced-,oz profecute& againít one . of the United
States by-citizens of another ,ftateA.br ,by citizens or
fubjeas of,any, foreign 4áte..,
FREDERICK:AUGUSTUS'MUHLENBERG,
Speaker,of the Hoiffe of iteprefentatives.
;JOHN ADAMS, Vice43refident of the United States,
and Prefident of the Senate.
j'OHN BECKLEY, Clerk of the Houfe of
ATTEST. Reprefentátives.
SAMUEL A. OTIS, Secretayy of the Senate .
Th-eaboye amendment, propofed by Congrefs, was ra-
".tified;' on:041f' of the State of ljelaiihire,'6`4'ilEt
Of thèGéneräl 4ffèthbly, Maid thé tzicl Yanuary'I 795e
Chap 68.
;'.
"0.
T.FT.E