USA > Pennsylvania > Philadelphia County > Philadelphia > The Philadelphia Directory, 1801 > Part 18
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No money fhall 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 money, fhall be published from time to time.
No title of nobility fhall be granted by the United States ; and no perfon holding any office of profit or truft under them, fhall, without the confent of the Congrefs, accept of any prefent, emolument, office or title of any kind whatever, from any king, prince or foreign ftate.
Sect. 10. No flate fhal! 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-poft facto law, or law impairing the obligation of contracts, or grant any title of nobility.
No ftate fhall, without the content of the Congrefs, lay any impofts 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 flate on imports or exports, fhall be for the ufe of the treafury of the United States , and all fuch laws fhall be fubject to the revifion and controul of the Congrefs. No fiate fhall, without the content of Congrefs, lay any duty of tonnage, keep troops or fhips of war in time of peace, enter into any agreement or compact with a- Inother flate, or with a foreign power, or engage in a war, unlefs actual- ly invaded, or in fuch imminent danger as will not admit of delay.
ARTICLE II.
Sect. 1. The executive power fhall be vefled in a Prefident of the United States of America. He fhall hold his office 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 fate fhall appoint in fuch manner as the Legiflature thereof may direct, a number of electors, equal to the whole number of Senators and Reprefentatives to which the ftate may be entitled in the Congrefs : but no Senator or Reprefentative, or perfon holding an office of truit or pro- hit under the United States, fhall be appointed an elector.
The electors fhall meet 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 perfons voted for, and of the number of votes for each; which lift they fhall figo and certify, and tranfinit fealed to the feat of the Government of the United States, directed to the Prelident of the Senate. The Pre- fident of the Senate fhall, in the prefence of the Senate and Houfe of Reprefentatives, open all the certificates, and the votes fhall 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 electors appointed) and if there be more than one who have fuch majority, and have an equal number of votes, then the Houfe of Reprefentatives fhall immediately chufe, by ballot, one of them for Prefident ; and if no per- d'on 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 reprefentation from each flate having one vote : a quorum for this purpofe fhall confift of a member or members from two-thirds of the fates, and a majority of all the ftates thall be neceffary to a choice. In every cafe, after the choice of the Prefident, the perfon having the greateft number of votes of the elec- tors, fhall be the Vice-Prefident. But if there fhould remain two or more who have equal votes, the Senate fhall chufe from them, by ballot, the Vice-Prefident.
The Congreis 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 eligible 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-Profident, and the Congrefs may by law provide for the cafe of removal, death, refignation or ina- bility, both of the Prefident, and Vice-Prefident, declaring what officer fhall then act as Prefident, and fuch officer fhall act 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 fhall have been elected, and he fhall not receive within that period any other emolument from the United States, or any of them.
Before he enter on the execution of his office, he thall take the fol- lowing oath of affirmation.
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" 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 conftitution 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 fervice of the United States ; he may require the opinion, in writing, of the principal officer in each of the executive de- partments, upon any fubject relating to the duties of the refpective of- fices ; and he fhall have power to grant reprieves and pardons for'of- fences against the United States, except in cafes of impeachment.
He fhall have power, by and with the advice and confent 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 content 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 thall be eftablifhed by law. But the Congrefs may, by law, veft 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 ftate of the Union, and recommend to their confideration, fuch meafures as he fhall judge neceffary and expedient; he may on extraordinary occafions, convene both houfes, or either of them, and in cafe of difagreement between them, with refpect to the time of adjourn- ment, he may adjourn' them to fuch time as he fhall think proper ; he fhall receive ambaffadors and other public minifters ; he fhall take care that the laws be faithfully executed, and fhall commiffion all the off- cers 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 treafou, bribery, or other high crimes and mifdemeanors.
ARTICLE III.
Sect. 1. The judicial power of the United States fhall be vefted in one fupreine court, and in fuch inferior courts as the Congrefs may, fiom 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 ferviccs, a compenfation, which fhall not be diminifhed during their continuance in office.
Sect. 2. The judicial power fhall extend to a'll cafes in law and equity, arifing under this conftitution, the laws of the United States, and treaties made. or which thall be made, under their authority ; to all cafes affecting ambaffadors, other public minifters and confuls ; to all cafes of admiralty and maritime jurifdiclion ; to controverfies to which the United States fhall be a party ; to controverfies between
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two or more ftates, between a ftate and citizens of another flate, be- tween citizens of different flates, between citizens of the fame ftate claiming lands under grants of different flates, and between a ftate, or the citizen thereof, and foreign flates, citizens or fubjefts.
In all cafes affecting ambaffadors, other public minifters and confuls, and thofe in which a flate fhall be a party, the fupreme court fhall have original juridiction. In all the other cafes before mentioned, the fu- preme court thall have appellate jurifdiction, both as to law and fact, with fuch exceptions, and under fuch regulations as the Congrefs fhall make.
The trial of all crimes, except in cafes of impeachment, fhall be by jury ; and fuch trial fhall be held in the flate where the faid crimes fhall have been committed ; but when not committed within any ftate, the trial thall 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, unlef's on the teftimony of two witnefes to the fame overt act, or on confeffion in open court.
The Congrefs fhall have power to declare the punifhunent of treafon, but no attainder of treafon thall work corruption of blood, or forfeiture, except during the life of the perfon attainted.
ARTICLE IV.
Sect. 1. Full faith and credit fhall be given in each flate to the public acts, records, and judicial proceedings of every other flate. And the Congref's may by general laws prefcribe the manner in which fuch acts, records, and proceedings fhall be proved, and the effect thereof.
Sect. 2. The citizens of each ltate fhall be entitled to all privileges and immunities of citizens in the feveral frates.
A perfon charged in any flate 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 flate from which he fled, be de- livered up, to be removed to the flate having jurifdiction of the crime.
No perfon held to fervice or labor in one Rate, under the laws thereof, efcaping into another, fhall, in confequence of any law or regulation therein, be difcharged from fuch fervice or labor, but fhall be delivered up on claim of the party to whom fuch fervice or labor may be due.
Sect. 3. New ftates may be admitted by the Congrefs into this Union ; but no new ftate fhall be formed or, erected within the juridiction of any other ftate ; nor any ftate be formed by the junction of two or more ftates, or parts of flates, without the content of the legiflatures of the ftates concerned, as well as of the Congrefs.
The Congrefs fhall have power to difpole of, and make all ceedful rules and regulations refpecting the territory or other property belong- ing to the United States ; and nothing in this Conftitution thall be fo conftrued as to prejudice any claims of the United States, or of any pais ticular ftate.
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Sect. 4. The United States thall guarantee to every flate 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 Legislature cannot be convened) againft domeflic violence.
ARTICLE V.
The Congrefs, whenever two-thirds of both houfes fhall deem it nc- ceffary, fhall propofe amendments to this conftitution, or, on the appli- cation of the Legiflatures of two-thirds of the feveral fates, fhall call a convention for propoling amendments, which, in either cafe, fhall be valid to all intents and purpofes, as part of this conftitution, when rati- fied by the Legiflatures of three fourths of the feveral ftates, or by con- ventions in three-fourths thereof, as the one or the other mode of ratifi- cation may be propofed by the Congrefs; Provided, that no amendment which may be m .. de prior to the year one thoufand eight hundred and eight, fhall in any manner affect the firft and fourth claufes in the ninth fection of the firft article: and that no ftate, without its content, 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 couftitution, fhall be as valid againft the United States un- der this conftitution, as under the confederation.
This constitution, 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, ihall be the fuprome law of the land ; and the judges in every ftate fhall be bound thereby ; any thing in the conflitution or laws of any ftate to the contrary not- withftanding.
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, fhall be bound by oath or affirmation, to fupport this conftitution : but no re- ligious teft fhall ever be required as a qualification to any office or pub- lic trutt under the United States.
ARTICLE VII.
The ratification of the, conventions of nine ftates, fhall be fufficient for the eftablithment of this conftitution between the ftates fo ratifying the fame ..
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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- sold seven hundred and cigbty-seven, and of the Independence of the United States of America, the twelfth. In witness whereof, we bave bereunto subscribed our names. . P
GEORGE WASHINGTON, Prefident, And deputy from Virginia.
. New-Hampfhire.
Delaware.
Jobn Langdon,
George Read,
Nicholas Gilman.
Gunning Bedford, jun.
Maffachufetts.
John Dickinson,
Nathaniel Gorham,
Richard Bassett,
Rufus King. Connecticut.
Maryland.
William Samuel Johnson,
James M' Henry,
Roger Sherman.
Dan. of St. Tho. Jenifer,
New-York.
Alexander Hamilton.
New-Jerfey.
John Blair, James Madison, jun.
David Brearley,
North-Carolina.
William Paterson,
William Blount,
Richard Dobbs Spaight,
Jonathan Dayton. Pennfylvania.
Hugh Williamson. South-Carolina.
Benjamin Franklin,
Thomas Mifflin,
John Rutledge,
Robert Morris,"
Charles C. Pinckney,
George Clymer,
Charles Pinckney,
Thomas Fitzsimons,
Pierce Butler. Georgia.
Jared Ingersoll,
James Wilson,
William Few, Abraham Baldwin.
Gouverneur Morris.
Atteft. William Jackson, Secretary.
IN CONVENTION, MONDAY, SEPTEMBER 17th, 1787.
Resolved,
THAT the preceding conftitution be laid before the United States in Congrefs affembled, and that it is the opinion of this convention, that it fhould afterwards, be fubmitted to a convention of delegates, chofen in each flate by the people thereof, under the recommendation of its 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 ftates fhall have ratified this conftitution, the
Daniel Carroll. Virginia.
William Livingston,
Jacob Broom.
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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 vote for the prefident, and the time and place for commencing proceedings under this coufti- tution. That after fuch publication the electors fhould be appointed, and the Senators and reprefentatives elected. 'That the'electors fhould meet on the day fixed for the election of the Prefident, and fhould tranfmit their votes, certified, figned, fealed and directed as the con- flitution requires, to the fecretary of the United States in Congref's a. fembled ; that the Senators and Reprefentatives fhould convene at the "time and place affigned ; that the Senators fhould appoint a Prefident of the Senate, for the fole purpofe of receiving, opening and counting the votes for prefident ; and, that after he fhall be chofen, the Con- grefs, together with the Prefident, fhould, without delay, proceed to execute this conftitution.
By the unanimous order of the convention.
GEORGE WASHINGTON, Prefident.
IVILLIAM JACKSON, Secretary.
IN CONVENTION, September 17th, 1787.
Sir,
WE have now the honor to fubmit to the confideration of the Unit; ed States in Congreß's 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 correpondent executive and judicial autlio- rities, fhould be fully and effectually vefted in the general government 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 fecure 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 ou the object to be obtained. It is at all times difficult to draw with precifion the line between thofe rights which muft be furrendered, and thofe which may be referved ; and on the prefent occafion this dif- ficulty was increated by a difference among the feveral ftates as to their fituation, extent, habits, and particular interefts.
In all our deliberations on this fubject we kept fleadily in our view, that which appears to us the greatelt interelt of every true American, the confolidation of our union, in which is involved our 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 let's rigid on points of inferior Magnitude, than might have been otherwife expected : and thus (the conftitution, wlucht
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we now prefent, is the refult of a fpirit of amity, and of. that mutual deference and conceffion which the peculiarity of our political fituation rendered indifpenfible.
'That it will meet the full and entire approbation of every flate, 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 Fer freedom and happiness, is our molt ardent with. With great refpect, we have the honor to be Sir, your excel- Jency's moft cbedient and humble Servants,
GEORGE WASHINGTON, Prefident.
By the unanimous order of the convention.
His Excellency the Pre -? fident of Congref's.
THE UNITED STATES IN CONGRESS ASSEMBLED. Friday, September 28th, 1787.
Prefent-New-Hampfoire, Maffachufetts, 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 affem- bled 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 ftate by the people thereof, in conformity to the refolves of the convention, made and provided in that cafe.
CHARLES THOMPSON, Secretary.
AMENDMENTS.
ARTICLE I.
Congrefs fhall make no law refpeding an eftablifhment of religion, er prohibiting the free exercife thereof ; or abridging the freedom of Speech, 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 fate, the right of the people to keep and bear arms fhall not be infrin- gred. .
[ 13 ] ARTICLE IN.
No foldier fhall, in time of peace, be quartered in any houfe with- out the confent of the owner, nor 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 sot be violated and no warrants fhall iffue, but upon probable caufe, fupposted by cath or affirmation, and particularly defcribing the place to be fearched, 4 2 the perfous or things to be feized.
ARTICLE V.
No perfon fhall be held to anfwer for a capital or otherwife infa- mous crime, unlefs 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 perfon be fubject 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 pro- - cefs of law ; nor fhall 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 fhall have been committed, which dittrict fhall have been previoufly afcertained by law, and to be informed of the nature and caufe of the accufation ; to be confronted with the witneffes againft him ; to have com sulfory 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 fhall be preferved, and no fact, 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 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 dilparage others retained by the people.
ARTICLE X.
The powers not delegated to the United States ,by the conftitution, nor prohibited by it to the itates, are referved to the ftates refpectively, or to the people.
ARTICLE XI.
The judicial power of the United States fhall not be conftrued to extend to any fuit in law or equity, commenced ,or profecuted againft one of the United States by citizens of another ftate, or by citizens or fubjects of any foreign ftate:
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MINISTERS, COMMISSIONERS AND CONSULS &c.
FROM THE UNITED STATES TO FOREIGN POWERS.
To the Kingdom of Great-Britain, and its Dominions. Rufus King, Minifter Plenipotentiary.
Christopher Gore, Commillioners for fettling claims for fpolia- William Pinckney, tions, &c. at London. S. Williams, agent for managing claims for fpoliations &c. at London. David Lenox, agent for protecting American feamen at London. Samuel Cabot, commercial agent.
Samuel Williams, conful at London.
Elias Vanderhorft,
Brittol.
Robert W. Fox,
Falmouth.
James Maury,
Liverpool. Dublin.
Jofeph Wilfon, ·
Thomas Auldjo, vice-conful at Cowes.
George Knox, Conful at Kingfton upon Hull.
James Holmes, Belfaft.
John Church, Cork.
Harry Grant,
Leith.
John Gavino,
Gibraltar.
Nicholas Rouffelet, Demarara and Effequibo.
John Elinflie, jun.
Cape of Good Hope.
Thomas Fitzfimons, ) Samuel Sitgreaves, Commiffioners for liquidating the claims of Thomas M'Donald Britifh creditors under the treaty, fitting at Philadelphia.
John Guillimard, John Read, American agent to affift in afcertaining faid claims. William M. Smith, Britifh agent for do.
To the French Republic, and ber dominions.
Oliver Elfworth,
William R. Davie, envoys extraordinary St minifters plenipotentiary
William V. Murray, P. F. Dobree,
agent at Nantes. do Bordeaux.
Ifaac C. Barnet,
Etienne Cathalan, jun. do Marfeille ::
-
Henry Pye Rich,
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Edward Stevens, conful-general for St. Domingo.
Henry Hammond, conful at Cape Francois.
Robert Ritchie, do Port-au-Prince.
Jacob Lewis, do
Ifle of France.
To the Kingdom of Spain.
David Humphreys, Minitter Plenipotentiary.
Mofes Young,
Couful at Madrid.
Jofeph Yznardi, jun. do
Cadiz.
Robert Montgomery, do Alicant.
William Kirkpatrick, do ' Malaga.
Evan Jones, do New-Orleans.
William E. Huling, Vice-conful do
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