USA > Pennsylvania > Philadelphia County > Philadelphia > The Philadelphia Directory, 1800 > Part 14
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To provide and maintain a navy ;
To make rules for the government and regulation of the land and naval forces ;
To provide for calling forth the militia to execute the laws of the union, fupprefs infurrections and repel invafions ;
To provide for organizing, arming and difciplining the militia, and for governing fuch part of them as may be employed in the fervice of the United States, referving to the ftates refpectivel;, the appointment of the officers, and the authority of training the militia according to the difcipline prefcribed by Congrefs ;
To exercife exclufive legiflation in all cafes whatfoever, over fuch diftrict (not exceeding ten miles fquare) as may, by ceffion of particu- Yar ftates, and the acceptance of Congrefs, become the feat of the go- vernment of the United States, and to exercife like authority over all places purchafed by the content of the legiflature of the itate in which the fame fhall be, for the erection of forts, magazines, arfenals, dock? yards, and other needful buildings ;- And
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To make all laws which fhall be neceffary and proper for carrying in- to execution the foregoing powers, and all other powers vefted by this conftitution in the government of the United States, or in any de- partment or office thereof.
. Sect. 9. The migration or importation of fuch perfons as any of the ftates now exifting fhallthink proper to admit, fhall not be prohibited by the Congrefs prior to the Year 1808, but a tax or duty may be impof- ed on fuch importation, not exceeding ten dollars for each perfon.
The privilege of the writ of Habeas Corpus fhall not be fufpendled, unlefs when in cafes of rebellion or invafion the public fafety may re- quire it.
No bill of attainder, or ex poft facto law fhall be paffed.
No capitation, or other direct tax, Shall be laid, unlef's in proportion to the ceufus or enumeration herein before directed to be taken.
No tax or duty fhall be laid on articles exported from any fiate. No preference fhall be given by any regulation of commerce or reve- nue to the ports of one ftate over thofe of another: nor fhall veffels bound to or from one ftate, be obliged to enter, clear or pay duties in another.
No money fhali be drawn from the treafury, but in confequence of appropriations made by law : and a regular ftatement and account of the receipts and expenditures of all public inoney, fhali be publifhed from time to time.
Notitle of nobility fhall be granted by the United States ; and no perfon holding any office of profit or truft under them, thall, without the content of the Congrefs, accept of any prefent, emclument, office or title of any kind whatever, from any king, prince or foreign ftate.
Sect. 10. No ftate fhall enter into any treaty, alliance or confedera- tion ; grant letters of marque and reprifal ; coin money ; emit bills of credit; make any thing but gold and filver coin a tender in payment of debts ; pafs'any bill of attainder, ex post facto law, or law impairing the obligation of contracts, or grant any title of nobility.
No ftate fhall, without the content of the Congreis, lay any inpofts or duties on imports or exports, except what may be abfolutely neceffa- ry for executing its infpection laws ; and the net produce of all duties and impofts laid by any State on imports or exports, fhall be for the ufe of the treafury of the United States ; and all fuch laws fhall be Subject to the revision and controul of the Congress. No Srate fhall, without the confent of Congress, lay any duty of tonnage, keep troops or fhips of war in time of peace, enter into any agreement or compact with another flate, or with a foreign power, or engage in a war, unlefs actually invaded, or in fuch imminent danger as will not admit of delay.
ARTICLE IL.
Sect. I. The executive power fhall be vefted in a Prefident of the United States of America. He fhall hold his othre during the term of four years, and, together with the Vice-Prefident, chofen for the fame term, be elected as follows :
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Each ftate fhall appoint in fuch manner as the Legiflature thereof may direct, a number of electors, equal to the Whole number of Sena- tors and Reprefentatives to which the State mayibe entitled in the Con- grefs : but no Senator or Reprefentative, or perfon holding an office of truft or profit under the United States, fhall be appointed an elector.
The electors fhall ineet in their refpective ftates, and vote by ballot for two perfons, of whom one at leaft fhall not be an inhabitant of the 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 fhall fign'and certify, and tranfmit fealed to the feat of the Govern- ment of the United States, directed to the Prefident of the Senate. The Prefident of the Senate fhall, in the prefence of the Senate and Houfe of Reprefentatives, open all the certificates, and the votes fall then be counted. The perfon having the greateft number of votes fhall be the Prefident, if fuch number be a majority of the whole number of electorz appointed ) and if there be more than one who have fuch ma- jority, and have an equal number of votes, then the Houfe of Repre- fentatives fhall immediately chufe, by ballot, one of them for Prefident ; and if no perfon have a majority, then from the five higheft on the lift, the faid Houfe fhall, in like manner, chufe the Prefident. But in chufing the Prefident, the votes fhall be taken by ftates, the reprefen- tation from each ftate having one vote : a quorum for this purpofe fhall confift of a member or members from two-thirds of the ftates, and a majority of all the ftates fhall be neceffary to a choice. In eve- ry cafe, after the choice of the Prefident, the perfon having the great+ eft number of votes of the electors, fhall be the Vice-Prefident. But if there fhould remain two or more who have equal votes, the fenate fhall chufe from them, by ballot, the Vicc-Prefident.
The Congrefs may determine the time of chufing the electors, and the day on which they fhall give their votes; which day fhall be the fame throughout the United States.
No perfon, except a natural born citizen, or a citizen of the United States, at the time of the adoption of this Conftitution, fhall be eligi- ble to the office of Prefident; neither fhall any perfon be eligible to that office, who fhall not have attained to the age of thirty-five years, and been fourteen years, a refident within the United States.
In cafe of the removal of the Prefident from office, or of his death, refignation or inability to difcharge the powers and duties of the faid - office, the fame fhall devolve on the Vice-Prefident, and the Congrefs may by law provide for the cafe of removal, death, refignation or in- ability, both of the Prefident, and Vice-Prefident, declaring what of- ficer fhall then act as Prefident, and fuch officer fhall att accordingly, until the difability be removed, or a Prefident fhall be elected.
The Prefident fhall, at ftated times, receive for his fervices, a com- penfation, which fhall neither be increafed nor diminifhed during the period for which he thall have been elected, and he fhall not receive within that period any other emclument from the United States, or any of them.
Before he enter on the execution of his office, he fhall take the fol- lowing oath or affirmation.
" I do folemnly fwear (or affirm) that I will faithfully execute the office of Prefident of the United States, and will, to the beft of my abi- lity, preferve, protect and defend the conflitution of the United States.
Sect. 2. The Prefident fhall be commander in chief of the army and navy of the United States, and of the militia of the feveral ftates, when called into the actual tervice of the United States ; he may require the opinion, in writing, of the principal officer in each of the executive departments, upon any fubject relating to the duties of the refpective offices ; and he fhall have power to grant reprieves and pardons for offences againft the United States, except in cafes of impeachment.
He fhall have power, by and with the advice and content of the fe- nate, to make treaties, provided two-thirds of the fenators prefent, con- . cur : and he fhall nominate, and by and with the advice and confent of the fenate, fhall appoint ambaffadors, other public minifters and con- fuls, judges of the fupreme court, and all other officers of the United States, whofe appointments are not herein otherwife provided for, and which fhall be eftablifhed by law. But the Congrefs may, by law, velt the appointment of fuch inferior officers as they think proper, in the Prefident alone, in the courts of law, or in the heads of departments.
The Prefident fhall have power to fill up all vacancies that may hap- pen during the recefs of the fenate, by granting commiffions which fhall expire at the end of their next feffion.
Sect. 3. He fhall, from time to time, give to the Congrefs informa- tion of the flate of the Union, and recommend to their confideration, fuch meafures as he fhall judge neceffary and expedient ; he may on extraordinary occafions, couvene both houfes, or either of them, and in cafe of difagreement between them, with refpect to the time of ad- journment, he may adjourn them to fuch time as he fhall think pro- per ; he fhall receive ambaffadors and other public minifters ; he thall take care that the laws be faithfully executed, and fhall commiffion all the officers of the United States.
Sect. 4. The Prefident, Vice-Prefident and all civil officers of the United States, fhall be removed from office on impeachment for and conviction of treafon, bribery, or other high crimes and mifde- meanors.
ARTICLE III.
Sect. I. The judicial power of the United States fhall be vefted in one fupreme court, and in fuch inferior courts as the Congref's may, from time to time, ordain and eftablifh. The judges, both of the fupreme and inferior courts, fhall hold their offices during good behavior, and fhall, at ftated times, receive for their fervices, a compenfation, which fhall not be diminithed during their continuance in office.
. Sect. 2. The judicial power fhall extend to all cafes in law and equity, arifing under this conflitution, the laws of the United States, and treaties made, or which fhall be made, under their authority ; to all cafes affecting ambaffadors, other public minifters and confuls ; to all cafes of admiralty and maritime juridiction ; to controverfies to which the United States fhall be a party ; to controverfies between
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two or more ftates, between a flate and citizens of another flate, be- tween citizens of different ftates, between citizens of the fame ftate claiming lands under grants of different ftates, and between a ftate, or the citizen thereof, and foreign ftates, citizens or fubjects.
In all cafes affecting ambaffadors, other public minifters and con- fuls, and thofe in which a ftate fhall be a party, the fupreme court fhall have original jurifdiction. In all the other cafes before mention- ed, the fupreme court thall have appellate jurifdiction, both as to law and fast, with fuch exceptions, and under fuch regulations as the Con- grefs fhall make.
The trial of all crimes, except in cafes of impeachment, fhall be by jury ; and fuch trial fhall be held in the ftate where the faid crimes fhall have been committed; but when not committed within any flate, the trial fhall be at fuch place or places as the Congrefs may by law have directed.
Sect. 3. Treafon againft the United States, fhall confift only in levy- ing war against them, or in adhering to their enemies, giving them aid and comfort. No perfon fhall be convicted of treafon, unlefs on the teflimony of two witneffes to the fame overt act, or on confeffion in open court.
The Congrefs fhall have power to declare the punifhment of treafon, but no attainder of treafon fall work corruption of blood, or forfeiture, except during the life of the perfon attainted.
ARTICLE IV.
Sect. I. Full faith and credit fhall be given in each ftate, to the public acts, records, and judicial proceedings of every other ftate. And the Congrefs may by general laws prefcribe the manner in which fuck acts, records and proceedings fhall be proved, and the effect thereof.
Sect. 2. The citizens of each ftate fhall be entitled to all privileges 'and immunities of citizens in the feveral ftates.
A perfon charged in any ftate with treafon, felony, or other crime, who fhall flee from juftice, and be found in another ftate, fhall, on de- mand of the executive authority of the ftate from which he fled, be de- livered up, to be removed to the itate having jurifdiction of the crime.
No perfon held to fervice or labor in one fiate, under the laws there- of, efcaping into another, fhall, in confequence of any law or regulati- on therein, be difcharged from fuch fervice -or labor, but fhall be de- livered up on claim of the party to whom fuch ferviee or labor may be due.
Sect. 3. New flates may be admitted by the Congrefs into this Uni- on; but no new ftate fhall be formed or erected within the jurifdiction of any other flate ; nor any flate be formed by the junction of two or more flates, or parts of ftates, without the confent of the legislatures of the ftates concerned as well as of the Congrefs.
The Congrefs fhall have powe- to difpofe of, and make all needful rules and regulations refpecting the territory or other property belong- ing to the United States ; and nothing in this Conftitution fhall be fo conftrued as to prejudice any claims of the United States, or of any particular ftate.
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. Sect. 4. The United States fhall guarantee to every State in this Union, a Republican Form of Government, and fhall protect each of them againft invafion ; and on application of the Legiflature, or of the Executive (when the Legiflature cannot be convened) againft domeftic violence.
ARTICLE V.
The Congrefs, whenever two-thirds of both houfes fhall deem it neceffary, fhall propofe amendments to this constitution, or, on the application of the Legiflatures of two-thirds of the feveral flates, thall call a convention for propofing amendments, which, in either cale, shall be valid to all intents and purpofes, as part of this conftitution, when ratified by the Legiflatures of three fourths of the feveral ftates, or by conventions in three-fourths thereof, as the one or the other mode of ratification may be propofed by the Congrefs; Provided, that no amerdment which may be made prior to the year one thoufand eight hundred and eight, fhall in any manner affect the frft and fourth claufes in the ninth fection of the firft article : and that no ftate, without its confent, fhall be deprived of its equal fuffrage in the Senate.
ARTICLE VI.
All debts contracted and engagements entered into, before the adop -. tion of this conftitution, fhall be as valid againft the United States under this conftitution, as under the confederation.
This conftitution, and the laws of the United States which fhall be made in purfuance thereof; and all treaties made, or which fhall be made, under the authority of the United States, fhall be the fupreme law of the land ; and the judges'in every fiate fhall be bound there- by ; any thing in the conftitution or laws of any Rate to the contrary notwithftanding.
The Senators and Reprefentatives before mentioned, and the mem- bers of the feveral State Legiflatures, and all executive and judicial officers, both of the United States and of the feveral States, shall be bound by oath or affirmation, to fupport this conftitution : but no re- ligions teft fhall ever be required as a qualification to any office or pub- lic truit under the United States.
ARTICLE VII.
The ratification of the conventions of nine States, fhall be fufficient for the eftablithment of this conflitution between the flates fo ra ifying the fame.
Bb
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"Done in. Convention, by the unanimous consent of the States present, the seventeenth day of September, in the year of our Lord one thou- sand seven hundred and eighty-seven, and of the Independence of the United States of America, the twelfth. In witness whereof, we have bereunto subscribed our names.
GEORGE WASHINGTON, Prefident, And deputy from Virginia.
New-Hampfhire.
Delaware.
John Langdon,
George Read,
Nicholas Gilman,
Gunning Bedford, jun.
Maffachufetts.
John Dickinson,
Nathaniel Gorham,
Richard Bassett,
Rufus King.
Jacob Broom.
Connecticut.
Maryland:
William Samuel Johnson,
James M' Henry,
Roger Sherman.
Dan. of St. Tho. Jenifer,
New-York.
Daniel Carroll.
Virginia.
Alexander Hamilton. New-Jerfey.
William Livingston,
David Brearley,
North-Carolina.
William Paterson,
William Blount,
Jonathan Dayton.
Richard Dobbs Spaigbt,
Pennfylvania.
Benjamin Franklin,
Thomas Mifflin,
John Rutledge,
Robert Morris,
Charles C. Pinckney,
George Clymer,
Charles Pinckney,
Thomas Fitzsimons,
Jared Ingersoll,
James Wilson,
Gouverneur Morris.
William Few,
Abraham Baldwin.
Atteft.
William Jackson, Secretary ..
IN CONVENTION MONDAY, SEPTEMBER 17th, 17875
Resolved,
ยท THAT the preceding conftitution be laid before the United States in Congrefs affembled, and that it is the opinion of this convention, that it should afterwards be fubmitted to a convention of delegates, chofen in each flate by the people thereof, under the recommendation ofits Legiflature, for their affent and ratification ; and that each con- vention affenting to, and ratifying the fame, fhould give notice thereof to the United States in Congrefs affembled.
Resolved, That it is the opinion of this convention, that as foon as the conventions of nine fttates fall have ratified this conftitution, the
John Blair, James Madison, jun.
Hugh Williamson. South-Carolina.
Pierce Butler.
Georgia.
United States in Congrefs affembled, fhould fix a day on which electors fhould be appointed by the ftates which fhall have ratified the fame, and a day on which the electors fhould affemble to vete for the prefi- dent, and the time and place for commencing proceeding's under this conftitution. That after fuch publication the electors fhould be ap- pointed, and the Senators and reprefentatives elected. That the elec- tors fhould meet on the day fixed for the election of the Prefident, and fhould tranfmit their votes, certified, figned, fealed and directed as the conftitution requires, to the fecretary of the United States in Congrefs affembled ; that the Senators and Reprefentatives fhould convene at the time and place affigned ; that the Senators fhould appoint a Prefi- dent of the Senate, for the fole purpofe of receiving, opening and count- ing the votes for Prefident; and, that after he fhall be chofen, the Congrefs, together with the Prefident, fhould, without delay, proceed to execute this conftitution.
By the unanimous order of the convention.
GEORGE WASHINGTON, Prefident.
WILLIAM JACKSON, Secretary.
IN CONVENTION, September 17th, 1787.
SIR,
WE have now the honor to fubmit to the confideration of the Unit- ed States in Congrefs affembled, that conftitution which has appeared to us the moft advifable.
The friends of our country have long feen and defired, that the pow- er of making war, peace and treaties, that of levying money, and re- gulating commerce, and the correfpondent executive and judicial au- thorities, fhould be fully and effectually vefted in the general govern- ment of the Union : but the impropriety of delegating fuch extenfive truft to one body of men, is evident-Hence refults the neceffity of a different organization.
It is obviously impracticable in the federal government of thefe ftates, to fecnre all rights of independent fovereignty to each, and yet provide for the intereft and fafety of all-individuals entering into fo-' ciety, muft give up a fhare of liberty to preferve the reft. The mag- nitude of the facrifice muft depend as well on fituation and circumftance, as on the object to be obtained. It is at all times difficult to draw with precifion the line between thofe rights which must be furrendered, and thofe which may be referved ; and on the prefent cceafion this dif- ficulty was increafed by adifference among the feveral ftates as to their fituation, extent, habits, and particular interefts.
In all our deliberations on this fubject we Lept fteadily in our view, that which appears to us the greateft intereft of every true American, the confolidation of our union, in which is involved cur profperity, feli- city, fafety, perhaps our national exiftence. This important confide. ration, ferioufly and deeply impreffed on our minds, led each ftate in the convention to be lefs rigid on points of . inferior Magnitude, than might have been otherwife expected ; and thus the conftitution, which
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we now prefent, is the refult of a fpirit of amity, and of that mutual deference ard conceffion which the peculiarity of our political fitua- tion rendered indifpenfible.
That it will meet the full and entire approbation of every ftate, is not perhaps, to be expected ; but each will doubtlefs confider, that had her intereft alone been confulted, the confequences might have been particularly difagreeable or injurious to others ; that it is liable to as few exceptions as could reafonably have been expected, we hope and believe ; that it may promote the lafting welfare of that country fo dear to us all, and fecure her freedom and happiness, is our moft aident wifh. With great refpe&t, we have the honor to be Sir, your excel- lency's moft obedient and humble Servants,
GEORGE WASHINGTON, Prefident.
By the, uranimcus order of the convention.
His Excellency the Pre-
fident of Congrefs.
THE UNITED STATES IN CONGRESS ASSEMBLED. Friday, September 28th, 1787.
Prefent-New-Hampfhire, Maff .chufetts, Connecticut, New-York, New-Jerfey, Pennfylvania, Delaware, Virginia, North-Carolina, South- Carolina, and Georgia, and from Maryland, Mr. Rofs.
Congrefs having received the report of the convention lately af- fembled in Philadelphia.
Resolved Unanimously
THAT the faid report, with the refolutions and letter accompany- ing the fame, be tranfmitted to the feveral legiflatures, in order to fub- mit to a convention of delegates, chofen in each flate by the people thereof, in conformity to the refolves of the convention, made and provided in thar cafe.
CHARLES THOMPSON, Secretary.
AMENDMENTS.
ARTICLE I.
Congrefs fhall make no law refrefing an eftablifhment of religion, or prohibiting the free exercife thereof; or abridging the freedom of fpeech, or of the prefs ; or the right of the people peaceably to affem- ble and to petition the government for a redrefs of grievances.
ARTICLE II.
A well regulated militia being neceffary to the fecurity of a free ftate, the right of the people to keep and bear arms fhall not be in- fringed. . ..
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ARTICLE. III.
No foldier fhall, in time of peace, be quartered in any houfe with- out the content of the owner, wor in time of war, but in a manner to be prefcribed by law.
ARTICLE IV.
The right of the people to be fecure in their perfons, houfes, papers," and effects againft unreafonable fearches and feizures, fhall not be violated, and no warrants fhall iffue, but upon probable caufe, fupported by oath or affirmation, and particularly defcribing the place to be fearched, and the perfons or things to be feized.
ARTICLE V.
No perfon fhall be held to anfwer for a capital or otherwife infam- ous crime, unless on a prefentment or indictment of a grand jury, ex- cept in cafes arifing in the land or naval forces, or in the militia when in actual fervice in time of war or public danger; nor-fhall any per- fon be futject for the fame offence to be twice put in jeopardy of life or limb ; nor fhall be compelled in any criminal cafe to be witnefs againft himfelf, nor be deprived of life, liberty, or property, without due procefs of law ; nor thall private property be taken for public ufe without juft compenfation.
ARTICLE VI.
In all criminal profecutions, the accufed fhall enjoy the right to a fpeedy and public trial, by an impartial jury of the flate and diftrict . wherein the crime fall have been committed, which diftrict fhall have been previoufly afcertamed by law, and to be informed of the nature and caule of the accufation; to be confronted with the witneffes againft him; to have compulfory procefs for obtaining witneffes in his favor, and to have the affiftance of counfel for his defence.
ARTICLE VII.
In fuits at common law, where the value in controverfy fhall exceed twenty dollars, the right of trial by jury thall be preferved, and no fact, tried by a jury, shall be otherwife re-examined in any court of the United States, than according to the rules of the common law.
ARTICLE VIII.
Exceffive bail fhall not be required, nor exceffive fines impofed, nor cruel and unufual punifhments inflicted.
[ 14 ] ARTICLE IX.
The enumeration in the conftitution, of certain rights, fhall not be 'conftrued to deny or difparage others retained by the people.
ARTICLE X.
The powers not delegated to the United States by the conftitution, nor prohibited by it to the ftates, are referved to the flates refpective- ly, or to the people.
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