E435 LIBRARY OF CONGRESS DDDD5D21b4T • 0* .•^.'^' ' Cl .^ ,5>-^ ^ y^Z^^:>t>c^z^^p-i^^^' y ^^^\ ^ /^ , Si <^^^'^ great strug- gle for Liberty on this continent. A part of these have been noticed by the papers, and by speakers. Others we have not seen referred to. They are interesting and suggestive. AVashington was left in childhood, by the death of his lather, to the charge of his mother. Fremont was so likewise, at a still earlier period, and in circumstances cer- tainly much less auspicious. Washington had early a passion for the sea, so strong that a mid- shipman's warrant was obtained for him by his friends. Fremont went to sea, and was there em- ployed for more than two years. Washington was introduced to public life through his service on the frontiers, as a surveyor and civil engineer. Fremont won his discipline and his early tame in the same department, and by his use and practice in it became fitted, in mind and body, to '' endure hardness." AVashington learned all that he knew of war in Indian combats and the striie of the wil- derness, and rose thus to the rank of Colonel in the provincial troops. FremonTs school was the same, and he has gained the same rank. A\'asliing- ton had had small e.\j>erlence as a legislator, until he was called to the head of the Government. lie 28 THE REPUBLICAN CANDIDATE. was taken for his well-tried general qualities, and not for any distinction he had achieved as a diplo- matist or a statesman ; and here again the parallel holds. Washington was sneered at by the men of routine, was hated and assailed by the tories of that day, as a soldier who had " never set a squad- ron in the field ; " until his energy and patience drove them all out of it. The same class of at- tacks are now made on Fremont ; to be answered we trust, in the same impressive way. His friends early felt that AVashington was specially fitted and preserved of Providence to become the head of the nation ; as Kev. Samuel Davies expressed it, that " Providence has hitherto preserved him in so signal a manner for some important service to his country." The same expectation, becoming almost a premonition, has for years been general among the friends of Fremont. Dr. Robertson, his early teacher, expressed it in the preface to his edition of the Anabasis, published years ago, in these words : " Such, my young friends, is an im- perfect sketch of my once beloved and favorite pupil, who may yet rise to be at the head of this great and growing Republic. My prayer is that he may ever be opposed to war, injustice, and op- pression of every kind, a blessing to his country, and an example of every noble virtue to the whole world." Washington was called to the head of the army at the age of forty-four ; and if Colonel Fremont shall live to see the 4th of March next, we confidentl}' expect that the singular parallel will so far be perfected ! COL. FREMONT'S LETTER OF ACCEPT- ANCE. Nf.w York, July 8, 1856. Gentlemen — You call me to a high responsibility by placing me in the van of a great movement of the peo- ple of the United States, Avho, without regard to past differences, are uniting in a common effort to bring back the action of the Federal Government to the prin- ciples of Washington and Jefferson. Comprehending the magnitude of the trust which they have declared themselves willing to place in my hands, and deeply sensible to the honor which their unreserved confidence in this threatening position of the public affairs im- plies, I feel that I cannot better respond than by a sincere declaration that, in the event of my election to the Presidency, I should enter upon the execution of its duties with a single-hearted determination to promote the good of the whole country, and to direct solely to this end all the power of the government, irrespective of party issues, and regardless of sec- tional strifes. The declaration of principles embodied in the re- 30 COL. Fremont's letter op acceptance. solves of your Convention, expresses the sentiments in which I have been educated, and which have been ripened into convictions by personal observation and experience. With this declaration and avowal, I think it necessary to revert to only two of the sub- jects embraced in the resolutions, and to those only because events have surrounded them with grave and critical circumstances, and given to them especial importance. I concur in the views of the Convention deprecat- ing the foreign policy to which it adverts. The as- sumption that we have the right to take from another nation its domains, because we want them, is an abandonment of the honest character which our coun- try has acquired. To provoke hostilities by unjust assumptions, would be to sacrifice the peace and char- acter of the country, when all its interests might be more certainly secured and its objects attained by just and healing counsels, involving no loss of repu- tation. International embarrassments are mainly the re- sults of a secret diplomacy, which aims to keep from the knowledge of the people the operations of the government. This sj^stem is inconsistent with the character of our institutions, and is itself yielding gradually to a more enlightened public opinion, and to the power of a free press, which, by its broad dis- semination of political intelligence, secures in advance COL. Fremont's letter of acceptance. 31 to the side of justice the judgment of the civilized world. An honest, firm and open policy in our foreign relations, would command the united support of the nation, whose deliberate opinions it would necessarily reflect. Nothing is clearer in the history of our institutions than the design of the nation in asserting its own independence and freedom to avoid giving counte- nance to the extension of slavery. The influence of the small, but compact and powerful class of men in- terested in slavery, who command one section of the country, and wield a vast political control as a conse- quence, in the other, is now directed to turn back this impulse of the revolution, and reverse its principles. The extension of slavery across the continent is the object of the power which now rules the government, and from this spirit has sprung those kindred wrongs in Kansas, so truly portrayed in one of your resolu- tions, which prove that the elements of the most ar- bitrary governments have been vanquished by the just theory of our own. It would be out of place here to pledge myself to any particular policy that may be suggested to ter- minate the sectional controversy engendered by po- litical animosities operating on a powerful class, banded together by a common interest. A practical remedy is the admission of Kansas into the Union as a free State. The South should, in my judgment, 32 COL. Fremont's letter of accepta.xce. earnestly desire sucli a consummation. It would vin- dicate its good faith ; it would correct the mistake of the repeal, and the North, having practically the henefit of the agreement between the two sections, would be satisfied, and good feeling be restored. The measure is perfectly consistent with the honor of the South, and vital to its interests. That fatal act which gave birth to this purely sec- tional strife, originating in the scheme to take from free labor the country secured to it by a solemn cove- nant, cannot be too soon disarmed of its pernicious force. The only genial region of the middle lati- tudes left to the emigrants of the Northern States for homes, cannot be conquered from the free laborers, who have long considered it as set apart for them in our inheritance, without provoking a desperate strug- gle. Whatever may be the persistence of the particular class which seems ready to hazard everything for the success of the unjust scheme it has partially effected, I firmly believe that the great heart of the nation which throbs with the patriotism of the free men of both sections, will have power to overcome it. They will look to the rights secured to them by the Consti- tution of the Union, as their best safeguard from the oppression, of the class, which by a monopoly of the soil, and of slave labor to till it, might, in time, re- duce them to the extremity of laboring upon the same terms with the slaves. The great body of non-slave- COL. Fremont's letter of acceptance. 33 holding freemen, including those of the South, upon whose welfare slavery is an oppression, will discover that the power of the General Government over the public lands may be beneficially exerted to advance their interests and secure their independence. Know- ing this, their suffrages will not be wanting to maintain that authority in the Union, which is absolutely essential to the maintenance of their own liberties, and which has more than once indicated the purpose of disposing of the public lands in such a way as would make every settler upon them a free- holder. If the people entrust to me the administration of the Government, the laws of Congress in relation to the Territories will be faithfully executed. All its authority will be exerted in aid of the National will to re-establish the peace of the country, on the just principles which have heretofore received the sanc- tion of the Federal Government, of the States, and of the people of both sections. Such a policy would leave no aliment to that sectional party which seeks its aggrandisement by appropriating the new terri- tories to capital in the form of slavery, but would in- evitably result in the triumph of free labor, the natural capital which constitutes the real wealth of this great country, and creates that intelligent power in the masses alone to be relied on as the bulwark of free institutions. 34 JUDGE Dayton's letter of acceptance. Trusting that I have a heart capable of compre- hending our whole country with its varied interests, and confident that patriotism exists in all parts of the Union, I accept the nomination of your Conven- tion in the hope that I may be enabled to serve use- fully its cause, which I consider the cause of Con- stitutional Freedom. Yery respectfully, Your obedient servant, J. C. Fremont. To Henry S. Lane, President of the Convention. JUDGE DAYTON'S LETTER OF ACCEPT- ANCE. Trenton, N. J., July 7, 1856. Gentlemen — I have the honor to acknowledge the receipt of your letter informing me that, at a Con- vention of Delegates, recently assembled in Phila- delphia, I was unanimously nominated as their can- didate for the Vice Presidency of the United States, and requesting my acceptance of such nomination. For the distinguished honor thus conferred, be pleased to accept for yourselves and in behalf of the Convention you represent, my sincere thanks. JUDGE DAYTON 'S LETTER OF ACCEPTANCE. 35 I have only to add, that having carefully examined the resolutions adopted in that Convention, as indi- cating the principles by which it was governed, I find them, in their general features, suclt as have heretofore had my hearty support. My opinions and votes against the extension of slavery into free terri- tory, are of record and well known. Upon that record I am willing to stand. Certainly nothing has since occurred which would tend to modify my opinions previously expressed upon that subject. On the con- trary, the repeal of the Missouri Compromise (that greatest wrong, ^portentous of mischief,) but adds strength to the conviction, that these constant en- croachments must be calmly, but firmly, met ; — that this repealing Act should be itself repealed, or reme- died by every just and constitutional means in our power. I very much deprecate all sectional issues. I have not been in the past, nor shall I be in the future, in- strumental in fostering such issues. But the repeal of the Missouri Compromise, and, as a consequence, the extension of slavery, are no issues raised by us ; they are issues forced upon us, and we act but in self-defence when we repel them. That section of the country which presents these issues is responsible for them ; and it is this sectionalism which has sub- verted past compromises, and now seeks to force slavery into Kanzas. In reference to other subjects 36 JUDGE Dayton's letter of acceptance. . treated of in tlie resolutions of the Convention, I find no general principle or rule of political conduct to which I cannot and do not yield a cordial assent. But while thus expressing a general concurrence in the views of the Convention, I cannot but remember that the Constitution gives to the Vice President little power in matters of general legislation ; that he has uoteven a vote except in special cases; and that his rights and duties as prescribed in that in- strument are limited to presiding over the Senate of the United States. Should' I be elected to that high office, it will be my pleasure, as it will be my duty, to conduct, so far as I can, the business of that body in such a manner as will best comport with its own dignity ; in strict accordance with its own rules, and with a just and courteous regard to the equal rights and privileges of all its members. Accepting the nomination tendered through you, as I now do, 1 am, gentlemen. Very respectfully yours, Wm. L. Dayton. To Henry S. Lane, President of the Convention. DECLARATION OF INDEPENDENCE. AND CONSTITUTION UNITED STATES OF AMERICA, WITH ITS AIMENDMENTS. CENSUS OF 1850. BOSTON: PUBLISHED BY JOHN P. JEWETT & COMPANY CLEVELAND, OHIO: JEWETT, PROCTOR & WORTIIINGTON. 185G. DECLARATION OF INDEPENDENCE. When, in the course of human events, it he comes necessary for one people to dissolve the political hands \vhich have connected them with anotlier, and to assume among the powers of the earth the separate and equal station to which the laws of nature and of nature's God entitle them, a decent respect to the opinions of mankind re- quires that they should declare the causes which impel them to the separation. We hold these truths to be self-evident — thai all men are created equal ; that they are endowed by their Creator with certain inalienable rights ; that among these are life, liberty, and the pursuit of happiness. That to secure these rights, gov- ernments are instituted among men, deriving their just powers from the consent of the governed ; that whenever any foi-m of government becomes destructive of these ends, it is the right of the people to alter or abolish it, and to institute a new government, laying its foundation on such principlas, and organizing its powers in such form, as to them shall seem most likely to effect their safety and happiness. Prudence indeed will dictate, that governments long established should not be chanjjed for light and transient causes, and accordingly, all experience liath shown, that 4 DECLARATION OF INDEPENDENCE. mankind are more disposed to suffer, while fevils are sufferable, than to right themselves by abol- ishing the forms to which they are accustomed. Bdt when a long train of abuses and usurpations, pursuing invariably the same object, evinces a design to reduce them under absolute despotism, it is their right, it is their duty, to throw off such government, and to provide new guards for their future security. Such has been the patient suf- ferance of these colonies ; and such is now the necessity which constrains them to alter their for- mer systems of government. The history of the resent king of Great Britain is a history of re- peated injuries and usurpations, all having in direct object, the establishment of an absolute tyranny over these states. To prove this, let facts be submitted to a candid world. He has refused his assent to laws the most wholesome and necessary for the public good. He has forbidden his governors to pass laws of immediate and pressing importance, unless sus- pended in their operation till his assent should be obtained; and when so suspended, he has utterly neglected to attend to them. He has refused to pass other laws for the ac- commodation of large districts of people, unless those people would relinquish the right of repre- sentation in the legislature ; a right inestimable to them, and formidable to tyrants only. He has called together legislative bodies at places unusual, uncomfortable, and distant from the depository of their public records, for the sole purpose of fatiguing them into a compliance with his measures. DKCLA.RATION OF INDEPINDENCE. 5 He has dissolved representative houses repeat- edly, for opposing with manly firmness his inva- eioii on the riglits of the people. He lias refused for along time, afier such dis- solutions, to cause others to be elected ; whereby the legislative powers, incapable of annihilation, have returned to the people at large, for their exercise : the state remaining in the mean time, exposed to all the dangers of invasion from with- out, and convulsions from within. He has endeavored to prevent the population of these states ; for that purpose obstructing the laws for naturalization of foreigners ; refusing to pass others to encourage their migration hither, and raising the conditions of new appropriations of lands. He has obstructed the administration of justice, by refusing his assent to laws for establishing judiciary powers. He has made judges dependent on his will alone, for the tenure of their offices, and the amount and payment of their salaries. He has erected a multitude of new offices, and sent hither swarms of new officers to harass our people, and eat out their substance. He h:is kept among us, in times of peace, standing armies, without the consent of our legis- latures. He has affected to render the military indepen- dent of, and superior to, the civil power. He has combined with others to subject us to a 1'urisdiction foreign to our constitution, and unao- Lnowledged by our laws, giving his assent to their acts of pretended legislation. 6 DECLARATION OF INDEPENDENCE. For quartering- large bodies of armed troops among us. For protecting them, by a mock trial, from punishment for any murders which they should commit on the inhabitants of these states. For cutting off our trade with all parts of the world. For imposing taxes on us without our consent. For depriving us, in many cases, of the benefits of trial by jury. For transporting us beyond seas to be tried for pretended offences. For abolishing the free system of English laws in a neighboring province, establishing therein an arbitrary government, and enlarging its boun- daries, so as to render it at once an example and fit instrument for introducing the same absolute rule into these colonies. For taking awa.y our charters, abolishing our most valuable laws, and altering fundamentally the forms of our governments. For suspending our own legislatures, and de- claring themselves invested with power to legis- late for us in all cases whatsoever. He has abdicated government here, by declar- ing us out of his protection, and waging war against us. He has plundered our seas, ravaged our coasts, burnt our towns, and destroyed the lives of our people. He is at this time transporting large armies of foreign mercenaries to complete the works of death, desolation, and tyranny, already begun with circumstances of cruelty and perfidy scarce DECLARATION OF INDEPENDENCE. 7 paralleled in the most barbarous apes, and totally unworthy the l^ead of a civilized nation ! He has consirained our fellow-citizens, taken captive on the high seas, to bear arms aofainst their country, become the executioners of their friends and brethren, or to fall themselves by their hands. He has excited domestic insurrections among us, and has endeavored to bring on the inhabi tants of our frontiers, the merciless Indian sava ges, whose known rule of warfare is an un- distinguished destruction of all ages, sexes, and conditions. In every stage of these oppressions we have petitioned for redress in the most humble terms ; our repeated petitions have been answered only by repeated injuries. A prince whose characte. •s thus marked by every act which may define a tyrant, is unfit to be the ruler of a free people. Nor have we been wanting in attention to our British brethren. We have warned them from time to time of attempts by their legislature^^ to extend an unwarrantable jurisdiction over us. We have reminded them of the circumstances of our emigration and settlement here. We have appealed to their native justice and magnanimity, and we have conjured them by the ties of our common kindred to disavow these usurpations, ivhich would inevitably interrupt our connection and correspondence. They too, have been deaf to the voice of justice and consanguinity. We must therefore acquiesce in the necessity which denounces our separation, and hold them as w« hold the rest of mankind, enemies in war, in peace, friends. 8 DECLARATION OF INDIPENDENCE. We, therefore, the representatives of the United States of America, in general congress assembled, appealing to the Snpreme Judge of the world for the rectitude of our intentions, do, in the name, and by the authority of the good people of these colonies, solemnly publish and declare. That these united colonies are, and of right ought to be FREE AND INDEPENDENT STATES ; that they are absolved from all allegiance to the British crown, and that all political connection between them and the state of Great Britain, is, and ought to be, totally dissolved ; and that as free and independent states, they have full power to levy war, conclude peace, contract alliances, establish commerce, and to do all other acts and things which independent states may of right do. And for the support of this declaration, with a firm reliance on the protection of Divine Provi- dence, we mutually pledge to each other, oui lives, our fortunes, and our sacred honor. CONSTITUTION OF THE UNITED STATES, Framed at Philadelpliia, m 1787, by a Convention of Delegates from the Stales of New Hampshire, Massa- chusetts, Connecticut, New York, New Jersej-, Penn- sylvania, Delaware, iMaryland, Virginia, North Caro- lina, South Carolina, and Georgia, — ratified by the Convention of Eleven States, in 17SS, — and went into operation the 4th of March, 17S9, WITH THE AMENDMENTS. We, the people of the United States, in order to form a more perfect union, establish justice, ensure domestic tranquillity, provide for the com- mon defence, promote the general welfare, and secure the blessing-s of liberty to ourselves and our posterity, do ordain and establish this Con- stitution for the United States of America. ARTICLE I. Section I. Legislative Powers. 1. All legislative powers herein granted, shall be vested in a congress of the United States, which shall consist of a senate and house of rep- resentatives. Section 2. — Members of House of Representatives how chosen. Qualification. Apportionment. Vacancies, how filled. Officers. Impeachment. 1. The house of representatives shall be com- posed of members chosen every second year by 10 CONSTITUTION OF THE the people of the several states, and the electors in each state shall have the qualifications requisite for electors of the most numerous branch of the state legislature. 2. No person shall be a representative who shall not have attained to the age of twenty-five years, and been seven years a citizen of the United States, and who shall not, when elected, be an inhabitant of that state in which he shall be chosen. 3. Representatives and direct taxes shall be apportioned among the several states w^hich may be included within this union, according to their respective numbers, which shall be determined by adding to the whole number of free persons, including those bound to service for a term of years, and excluding Indians not taxed, three- fifths of all other persons. The actual enumera- tion shall be made within three years after the first meeting of the congress of the United States, and within every subsequent term of ten years, in such manner as they shall by law direct. The number of representatives shall not exceed one for every thirty thousand, but each state shall have at least one representative ; and until such enumeration shall be made, the state of New Hampshire shall be entitled to' choose three, Mas- sachusetts 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. 4. When vacancies happen in the representa- tion from any state, the executive authority thereof UNITED STATES. 11 shall issue writs of election to fill such vacan- cies. 5. The house of representatives shall choose their spea/J^sr and other officers, and shall have the sole power of impeachment. Section III. — Senate, how chosen. Classification. Qual- ification. Vice-President's vote. Officers. Try Im- peachments. Judgment on Impeachment. 1. The senate of the United States shall he composed of two senators from each state, chosen by the legislature thereof, for six years ; and each senator shall have one vote. 2. Immediately after they shall be assembled in consequence of the first election, they shall be divided as equally as may be into three classes. Th.6 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 tbe legislature of any state, the exectitive tbereof may make temporary appointments, until the next meeting of the legislature, which shall then fill such vacancies. 3. 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 the state for which he shall be chosen. 4. The vice-president of the United States shall be president of the senate, but shall have no vote, unless they be equally divided. 12 CONSTITUTION OF THE 5. The senate shall choose their other officers and also a president jpro tempore, in the absence of the vice-president, or when he shall exercise the office of president of the United States. 6. The senate shall have the sole power to try all impeachments. When sitting for that pur- pose, 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. 7. Judgment in cases of impeachment shall not extend farther 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 lia- ble, and subject to, indictment, trial, judgment, and punishment according to law. Section IV. — Elections for Senators and Representa- tives, how held. Congress assemble annually. 1. The times, places, and manner of holding elections for senators and representatives, shall be prescribed in each state by the legislature there- of; but the congress may, at any time, by law, make or alter such regulations, except as to the places of choosing senators. 2. The congress shall assemble at least once in every year, and such meeting shall be on the first Monday in December, unless they shall by law appoint a different day. Section V. ^-Elections, by whom judged, duoram. Rules. Journal. Adjournment. 1. Each house shall be the judge of the eleo UNITED STATES. 13 lions, returns, and qualifications of its own mem- bers, and a majority of each shall constitute a quorum to do business ; but a smaller number may adjourn from day to day, and may be author- ized to compel the attendance of absent members, in such manner, and under such penalties as each house may provide. 2. Each house may determine the rules of its proceedings, punish its members for disorderly behavior, and with the concurrence of two thirds, expel a member. 3. Each house shall keep a journal of its pro- ceedings, 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 en- tered on the journal. 4. Neither house, during the session of con- gress, shall, without the consent of the other, adjourn for more than three days, nor to any other place tiian that in which the two houses siiall be sitting. Section' VI. — Compensation. Privileges. Members not appointed to office. 1. The senators and representatives shall re- ceive a compensation for their services, to be ascertained by law, and paid out of the treasury of the United States. Tlicy shall, in all cases, except treason, felony, and breach of the peace, be privileged from arrest during tlieir attendance at tbe session of their respective houses, and in going to, and returning from, the same ; and for 14 CONSTITUTION OF THE any speech or debate in either house, they shall not be questioned in any other place. 2. No senator or representative shall, during the time for which he was elected, be appointed to any civil office under the authority of the United States, which shall have been created, or the emoluments whereof shall have been in- creased during such time : and no person holdiny^ any office under the United States, shall be a member of either house during his continuance in office. Section VII. — Revenue. >Bills. Orders, resolutions, &c., to be presented to the President of the United States for approval. 1. All bills for raising revenue, shall originate in the house of representatives ; but the senate may propose, or concur with amendments, as on other bills. 2. Every bill which shall have passed the house of representatives and the senate, shall, be- fore it become a law, be presented to the presi- dent 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 reconsidered, and if approved by two thirds of that house, it shall become a law. But in all such cases the votes of both houses shall be determined by yeas UNITED STATES. 1ft and nays, and the names of the persons voting for and against the hill, shall be entered on the jour- nal of each house respectively. If any bill shall not be returned by the president within ten days, (Sundays excepted,) after it shall have been pre- sented 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. 3. Every order, resolution, or vote, to which the concurrence of the senate and house of repre- sentatives may be necessary, (except on a ques- tion of adjournment,) shall be presented to the president of the United States ; and before the same shall take effect, shall be approved by him, or being disapproved by him, shall be repassed by two thirds of the senate and house of repre- sentatives, according to the rules and limitations prescribed in the case of a bill. Section VIII. — Congress to l^y Taxes ; Borrow Mon- ey ; Regelate Commerce, Naturalization, Bankrupt- cies, Coin, Weights, and Measures ; Punish Counii-r felting ; Create Post-Offices ; Promote Science ; Con- stitute Courts ; Punish Piraces \ Declare War ; liaise Armies ; INIaintain a Navy ; Organize the Militia ; have Legislation over certain Places. 1. 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 ; 2. To borrow money on the credit of the United States ; i 16 CONSTITUTION OF THE 3. To regulate commerce with foreign nations, and among the several states, and with the In- dian tribes ; 4. To establish a uniform rule of naturaliza- tion, and uniform laws on the subject of bank- ruptcies throughout the United States ; 5. To coin money, regulate the value thereof, and of foreign coin, and fix the standard of weights and measures ; 6. To provide for the punishment of counter- feiting the securities and current coin of the United States ; 7. To establish post-offices, and post-roads ; 8. To promote the progi-ess of science and useful arts, by securing for limited times to au- thors and inventors, the exclusive right to their respective writings and discoveries ; 9. To constitute tribunals inferior to the su- preme court ; 10. To define and punish piracies and felonies committed on the high seas, and offences against the law of nations ; 11. To declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water ; 12. To raise and support armies, but no appro- priation of money to that use shall be for a longer term than two years ; 13. To provide and maintain a navy ; 14. To make rules for the government and regulation of the land and naval forces ; 15. To provide for calling forth the militia to execute the laws of the union, suppress insurrec- tions, and repel invasions ; UNITED STATES. . 17 16. To provide for ovfranizing-, arminf^, and disciplining- the militia, and for aovernino^ snch part of them as may be employed in the service of the United States, reservmg- to the states re- sj)ectively, the appointment of the officers, and the authority of trainin£T the militia according- to the discii>line prescribed by congress. 17. To exercise exclusive legislation in all cases whatsoever, over such district (not exceed- ing ten miles square) as may, by cession of par- ticular states, and the acceptance of congress, become the seat of the government of the United States, and to exercise like authority over all places purchased by the consent of the legislature of the state in which the same shall be, for the erection efforts, magazines, arsenals, dock-yards, and other needful buildings : — And 18. To make all laws which shall be neces sary 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. — Importation of persons after ISOS. Ha- beas Corpus. Attainder. Tax. No exportation duty. No preference in Commerce or Tonnage. Money, how drawn. No Titles to he granted. 1. The migration or importation of such per- sons as any of the states now existing shall think proper to admit, shall not be prohibited by the congress prior to the year one thousand eight hundred and eight, but a tax or duty may be im- posed on such importation, not exceeding ten dol- lars for each person. 2. The privilege of the writ of habeas corpus 2 18 CONSTITUTION OF THE shall not be suspended, unless when in cases of rebellion or invasion, the public safety may re- quire it. 3. No bill of attainder or ex post facto law shall be passed. 4. No capitation, or other direct tax, shall be laid, unless in proportion to the census or enume- ration herein before directed to be taken. 5. No tax or duty shall be laid on articles ex- ported from any state. 6. No preference shall be given by any regu- lation 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. 7. No money shall be drawn from the trea- sury, 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. 8. 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. — States not to make Treaties, lay ImpostS; or Duty on Tonnage, &c. 1. No state shall enter into any treaty, alli- ance, or confederation ; grant letters of marque and reprisal ; coin money ; emit bills of credit ; make anything but gold and silver coin a tender in payment of debts ; pass any bill of attainder UNITED STATES. 19 ex post facto law, or law impairing the obligation of contracts, or grant any title of nobility. 2. No state shall, without the consent of the congress, lay any imposts or duties on imports or exports, except what may bo 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 control of the congress. 3. No state shall, without the consent of con- gress, 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 actu- ally invaded, or in such imminent danger as will not admit of delay. ARTICXE II. Section I.— Executive Power. Electors, how appointed. Process of Election. Q,ualifications of the President of the United States. Vice President may olFiciate. Compensation. Oath. 1. The executive power shall be vested in a president of the United States of America. He shall hold his office during the term of four years, and, together with the vice-president, chosen for the same term, be elected as follows : — 2. Each state shall appoint, in such manner as the legislature thereof may direct, a number of electors, equal to the whole number of senators and representatives to which the state may be en- titled in ihe congress ; but no senator or represen- 20 CONSTITUTION OF THE tative, or person holding an office of trust or profit under the United States, shall be appointed an elector. 3. * [The electors shall meet in their respec- tive states, and vote by ballot for two persons, of whom one at least sliall not be an inhabitant of the same state with themselves. And they shall make a list of all the persons voted for, and of the num.ber 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 immediately choose, by bal- lot, 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 mem- bers 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, ■ * This Section was amended in 1803. See 14th Arti- cle of Amendments, p. 31. UNITED STATES. 31 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.] 4. 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. 5. No person, except a natural born citizen, or a citizen of the United States at the time ot* 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 at- tained to the age of thirty-five years, and been fourteen years a resident within the United States. 6. In case of 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 accordingly, until the disability be removed, or a president shall be elected. 7. The president shall, at stated times, receive for his services a compensation, which shall be neither increased nor diminished during the pe- riod 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. 8. Before he enter on the execution of his 23 CONSTITUTION OF THE office, he shall take the following oath or aiTir mation : — 9. " I do solemnly swear, or affirm, that I will faithfully execute the office of president of the United States, and will to the best of my ability preserve, protect, and defend the constitution of the United States." Section II. — Powers of the President. Make Treaties. Appoint Officers. Vacancies in office. 1. 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 prin- cipal officer in each of the executive departments, upon any subject relating to the duties of their re- spective offices, and he shall have power to grant reprieves and pardons for offences against the United States, except in cases of impeachment. 2. He shall have power, by, and with, the ad- vice and consent of the senate, to make treaties, provided two thirds of the senators present con- cur ; and he shall nominate, and by, and with, the advice and consent of the senate, shall ap- point ambassadors, other public ministers and con- suls, judges of the supreme court, and all other offices 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 de- partments. UMITKD STATCS. 23 3. The president shall have power to fill up all vacancies that may happen durincr the recess of the senate, hy granting commissions wliich shall expire at the end of their next session. Section III.— Duties of the President of the United Slates. 1. He shall from time to time give to the con- gress information of the state of the Union, and recommend to their consideration such measnres as he shall judge necessary and expedient ; he may on extraordinary occasions, conveue both houses, or either of them, and, in case of disagreement be- tween them, with respect to the time of adjourn- miMit, he may adjourn them to such time as he shall think proper ; he shall receive ambassadors and other public ministers ; he shall take care that the laws be faithfully executed, and shall commission all the officers of the United States. Section IV.— OfTicers removable by Impeachment. 1. The president, vice-president, and all civil officers of the United States, shall be removed from office on impeachment for, and conviction of, treason, bribery, or other high crimes and mis- demeanors. ARTICLE III. Section I.— Judicial Powers and Tenure of Judges. 1. The judicial power of the United States, shall be vested in one supreme court, and in such infe- rior courts as the congress may from time to time ordain and estal)lish.~ The judges, both of the supreme and inferior courts, shall hold their of- 24 CONSTITUTION OF THE fices during good behavior, and shall, at stated times, receive for their services, a compensation, which shall not be diminished during their con- tinuance in office. Section IT. — Extension of Judicial Power. Supreme Court Jurisdiction. Trials by Jury. 1. The judicial power shall extend to all cases in law and equity, arising under this constitution, the laws of the United States, and the treaties made, or which shall be made, under their au- thority ; to all cases affecting ambassadors, other public ministers, and consuls; to all cases of admiralty and maritime jurisdiction ; to contro- versies 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 — be- tween citizens of the same state claiming land? under grants of different states — and between \ state, or the citizens thereof, and foreign states, citizens, or subjects. 2. 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. 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 com- UNITED STATia. 25 mitted within any state, the trial shall be at sach pla/;e or places as the congress may by law have directed. Sectio:s ni. — Treason, 1. Treason against the United States, ahall consist only in levying' war against them, or in Oiinering 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 conoresa shall have power to declare the r. - " " n, but no attainder of trea.-. on of blood, or forfeit- ures, »,.^,...>u ■. .....^ ,.. . ..i.^; of the person attainted. ARTICLE rV'. Sectiott L — Acts of States Accredited. 1 . Fall faith and credit shall be si^en in each state to the public acts, records, and judicial pro- reedings of every other state. And the conaresa may by general laws prescribe the manner in which such acts, records, and proceedings ahall be proved, and the effect thereof. Sectio^t n. — Citizens' Privilerres. Persona charged with Crime.s fleeing. 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 aathority of the state from which he fled, be delivered up, to be removed to the state having' jurisdiction of the crime. 26 CONSTITUTION OF THE 3. No person held to service or labor in one state, under the laws thereof, escaping into an- other, shall, in consequence of any law or regula- tion 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. Section III. — New States. Territories. 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 the states, without the consent of the legislatures of states con- cerned, as well as of the congress. 2. The congress shall have power to dispose of, and make all needful rules and regulations re- specting the territory or other property belonging to the United States ; and nothing in this consti- tution shall be so construed as to prejudice any claims of the United States, or of any particular state. Section IV. — States protected. 1. The United States shall guarantee to every state in this union a republican form of govern- ment, and sliall protect each of them against in- vasion ; and on application of the legislature, (or of the executive, wdien the legislature cannot be convened,) against domestic violence. ARTICLE V. Amendments, how attained. 1. The congress, whenever two thirds of both houses shall deem it necessary, shall propose UNITED STATES, V- amendments to this constitution, or on the appli- cation of the legislatures of two thirds of the several states, shall call a convention for propos- ing 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 conven- tions in three fourthj 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 con- sent, shall be deprived of its equal suffrage in the senate. ARTICLE VI. Debts prior to the adoption of the Constitution. Trea- ties, law of the laud. Oath or affirmation to mem- bers. 1. All debts contracted and engagements en- tered 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 there- of; and all treaties made, or which shall be made, under the authority of the United Slates, shall bo the supreme law of the land ; and the judo^es in every state shall be bound thereby, anything in the constitution or laws of any state to the con- trary notwithstanding. 3. The senators and representatives before mentioned, and the members of the severnl state legislatui-es, and all executive and judicial olfi- 38 CONSTITUTION OF THE cers, 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 YII. Ratification. 1. 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 xinanimous consent of the states ■present, the seventeenth day of September, in the year of oitr Lord one thousand seven hundred and eighty seven, and of the independence of the United States of America, the twelfth. In witness whereof, ice have 'lereunto subscribed our names. GEO. WASHINGTON, President and Deputy from Vir^nia. New Hampshire. Pennsylvania. John Langdon, Benjamin Frankhn, Nicholas Gilman. Thomas Blifflin, Massachusetts. Eobert IMorris, Nathaniel Gorham, George Clymer, Rufus King. Thomas Fitzsimons, Connecticut. Tared Ingersoll, William Samuel Johnson, James Wilson, Roger Sherman. Gouverneur jMorris. New York. Delaware. Alexander Hamilton, George Reed, New Jersey. Gunning Bedford, jun. William Livingston, John Dickinson, David Brearly, Richard Bassett, William Patterson, Jacob Broom, ''onathan Dayton, UNITED STATES. 29 Maryland. Hugh "Williamson. James M' Henry, South Carolina. Daniel of St. Tho. Jenifer, John Rutledge, Daniel Carroll. Charles C. Pinckney, Virginia. Charles Pinckney, John Blair, Pierce Butler. James Madison, jun. Georgia. North Carolina. William Few, William Blount, Abraham Baldwin. Richard Dobbs Spaight, Attest : WILLIAM JACKSON, Sec. AMENDMENTS. Articles in addition to, and amendment of, the Constitu- tion of the United States of America, proposed by Congress, and ratified by the Legislatures of the seve- ral States, pursuant to the fifth article of the original Constitution. ARTICLE I. Religion. Press. Speech. Right of Petition. Congress shall make no new law respecting an establishment of religion, or prohibiting the free ex- ercise 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 re- dress of grievances. ARTICLE II. Right to bear Arms. A well-regulated militia being necessary to the se- curity of a free state, the right of the people to keep and bear arms, shall not be infringed. ARTICLE III. No Soldier to be billeted. 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. so CONSTITUTION OF THE ARTICLE IV. Unreasonable Searches prohibited. The right of the people to be secure in their per sons, houses, papers, and effects, against unreasona- ble searches and seizures, shall not be violated ; and no Avarrants 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. Proceeding in Criminal Cases. Person and Property sacred. 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 pubUc 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. Mode of Trial in Criminal Cases. In all criminal prosecutions, the accused shall en- joy the right to a speedy and public trial, by an im- partial 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 in- formed of the nature and cause of the accusation ; to oe confronted v/ith the witnesses against him ; to have compulsory process for obtaining witnesses in his fa- vor ; and to have the assistance of counsel for his defence. ARTICLE VII. Mode of Trial in Civil Cases. In suits at com'ncta Law. where the value in con- UNITED STATES. 31 troversy 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. Bail. Fine. Punishments. Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. ARTICLE IX. Rights. The enumeration in the constitution of certain rights shall not be construed to deny or disparage others retained by the people. ARTICLE X. Powers reserved to the People. 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. Limitation of Judicial Power. 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. Manner of electing President and Vice-President. 1. 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 ])erson voted lor as vice-president, and they shall make distinct lists of all persons voict] for as president, and of all persons vt»ted Ibr as vice- 33 CONSTITUTION OF THE 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, di- rected 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 representa- tives shall choose immediately, by ballot, the presi- dent. 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 of two thirds of the states, and a majority of all the states shall be neces- sary 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. 2 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 elec- tors appointed ; and if no person have a majoritj'-, 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 ai" the whole number of senators, and a majority of the whole number shall be necessary to a choice. 3. But no person constitutionally inelegible to the office of president, shall be eligible to that of vice- Dre?ident of the United States. PRESIDENTS OF THE UNITED STATES. Years. 1. George "Washiugtori; of Va., from 1789 to 1797, 8 2. John Adams, " Mass. J ' ■?; s^'^Mi^ ^^'% V"' ^^^ '^ ."i^ y ^ o • * ' °o *°-n* O *-Tr.» .,0