Constitution of the United States With Original 13th

8/7/2019 Constitution of the United States With Original 13th

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Archives

Houswnl Library

Research Center

Box 310y, Texas

sion ChairmanJ. Pickett

A. BrisackR. Carr

Rae Hester CoxG. Hol landh Sanders

and LibrarianD. Rudd

ant State Librariand Seidenberg

The following pages contain the Constitution ofthe United States with the 13Amendments to the Constitution; the Bill ofRights; and the Constitution ofVirginia.I do hereby certify that the following twenty-five (25) pages, (the cover pageand pages 16-39) are a true and correct photocopy ofthe original publication,The Revised Code ofThe Laws ofVirginia: BeingA Collection OfAl l SuchActs OfThe General Assembly, OfA Public And Permanent Nature, As Are'Now In Force; With A General Index, Volume I, Richmond: printed by ThomasRitchie, Printer To The Commonwealth, 1819, now archived at the SamHouston Regional Library and Research Center of the Archives & InformationServices Division, of the Texas State Library and Archives Commission.

Witness my hand and Seal ofOffice at Liberty, Texas on the 3rd day of July,2008.

~ c & ~ - - - - -Sam Houston Regional Library & Research CenterP.O. Box 310Liberty, TX 77575Telephone: (936) 336-8821


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OF THE '1!,IIIiII,!I!IIIji

Sdln Houston ~ e g l o n a l Ubrif) &Research CefltitrFM RD 1011P.O. Box 310! ibelty. Tx 77575

1819.P l l I ~ T E R TO fTJI:F. C O ~ O [ o N W E A L T H .

PRINTED BY THOMAS RITCHIE,RICHMOND:

VOLUME I.

OF THE

TO WHICH ARE PREFIXED,

REll\TG

ANDTHE CONSTITUTION OF VIRGINIA.

A COLLECTION OF ALL SUCH J1CTS

WITH A GENERAL INDEX.

LAWS OF VIRGINIA:

THE CONSTITUTION OF THE UNITED STATES;THE DECLARAnON OF RIGHTS;

OF A PUBLIC AND PERMANENT NATURE, AS AllE NOW IN FORCE;

Published pU'fsuant to an act of the General .lJ.ssem,bly, entitled " ~ f J . n actpl'ovid'ing fo r the r e - p ~ t b l i c a t i o n of the Laws of this Commonwealth,,"passed Jlfarch 1819.,if

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A. 1 ~ 1 l ) ; 8. .aND be -it also enacted, That the revised bills passed dur-ing the present session of the General Assembly, shall not beRevised bills pas- printed wit.h the other l a w ~ p ~ s s e d at the present session, exsed thc present cept such bIlls and parts of bIlls as take eRect before the firstse:sion, n? t to be day of January next.prmted wIth. the 9. ALL acts and parts of acts of a o-eneral nature whichh \\'s thel'col ' b 'f:xcevtion. shall not be published in the code aforesaid, pursuant to theRe!Jcal of all acts directions of this act , either ent ire or by their titles, shall be,of a gcnej'al and the same are hereby rclealed from and after the first datiture not publishcd f J .' I I 1in such Cod.e. 0 anuary next: ProlJlde , however, That such repea s 1aJ'j'oyiso. not prcvent the prosecution of anj offence committed, or impair any r i ~ h t accrued before the said first day?f January;but such offence may be prosecuted, and such nght may bemaintained and asser ted, in the same manner as if this repealing section had nevcr passed.Commencement. 10. T HIS act shall commence and be in force from and aftcrthe passage thereot:

Hi

A. D. 1788-V.A. R. C.13.L - y - - J

o

.Nho Edit'iun if tiLe Laws-Fedeml Cons til1Ltion.

C. 2.CONSTITUTION OF THE UNITED STATES.

,VE, the people of the Uuited States, in order to form it mol'l"perfect union, establish justice, ensure domestic tranquility, provide for the common defence, promote the general welfare, andsecure the blessings of l iberty to ourselves and our poster ity,do ordain and establish this constitution for the United State5of America.ARTIOLE 1.Section 1.

Legislative powers 1. ALL legislative powers herein granted, shall be vested invested in congress. a congress of the United States, which shall consist of a senateand house of representatives.

Section 2.House ofl'epresen-tatives; its mem- 1. THE house of representatives shall be composed of memO'bel'S j by whom bel'S chosen every second year by the peolJle of the severalchosen! qualifica- states; and the electors in each state sha.! have the clualifitions of electors. cations requisite for electors of the most numerous uranch ofA representative I , . ' . ,to be aged 25; tile state leglslatUl e. .seven years a ~ i t i - 2. No person shall be a representatIve who shall not havezen of the U I U ~ e d attained to the aO"e of twenty-five years, and been seven yearsSta tes , and an 1lI- f I UO . i S d )' I II hIdhabitant of Ius a CitIzen 0 tne mtct tates, an w 10 S la not, w en e ecte ,state when elected. be an inhabitant of that state in which he shall be chosen.ReJlJ'escntatives 3. REPRESENTATIVES a.nd direct taxes shall be apportioned~ ~ o ~ ~ ~ ( ' t 3 ~ : e o r . a ~ o n g the s ~ v e r a l s t a ~ e s w h i c ~ may be .includ.ed Within tlusding to numbers. Ulilon, accordlllg to theu' respechve numbers, winch sha.ll be de-

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17Fede1"al Constitution.te . 'ned by adding to the whole number of free p e ~ o n ! l l , in- A. D. 1788-().c:l"dYng those bound to service a term of years, and exc!u- A. R. C. 13.d.J1 0" Indians not taxed, three fifths of all other persons. 'I heAL- - y - J t1 ,.lDo . .J II b d ' t l ' I ,t't tJ ,c ua enumela. tual enumeratIon S la e rna e WI un t Iree yeals a er Ie tlon every ten~ ~ s t meeting of the congress of the U ~ i t e d Sta.tes, and within years.r subsequent term of ten years, In such manner as they: ~ : l r b Y law direct. number of representatives shall no t Li1?itatioll of theed one for every thirty thousand, but each state shall have rat.1O of represell: ~ ~ : a s t one representative; and until, such enumerati?n shall tatlOn, &c.be ma9,e, the state of New l!mnpshtre shall be entitled t.o First apportionchoose three; .7Jfassachusetts eIght; Rhode Island and ProV1,- me.nt of rCJlresendence Plantations one; Connecticut five; .New York six; New tatlves.Jersey four; Pennsyl-tania eight; Delawa.re one; ,jJ[(l1oyland six;Virrinia ten; North Carolina five; South Carolina five; andG e o ~ ' g i a three... .4. "V HEN vacancieS happen m th e representatIOn from any Writs. of electionta te the executive authority thereof shall issuE' writs of elec- f?I' fillmg vacan-S ' . cles.tion to fill such vacanCIes.5. TH E house of representatives shall choose their speaker The

h o u ~ eof rc '

and othei' officers, and shall have the sole power of impeach- ~ ~ ; : ~ ~ ~ ~ : i ~ : :;ea-lllent. ker, &c.

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S t ", ec ton J. Two senators c h o ~sen by the leg-isla1. THE senate of the United States shall be composed of two ture of each state,s ~ n a t o r s from each sta te , chosen by the I e g i s l a t ~ r e thereof, for ~ o ~ ~ : . e a r s ; eachSIX years; and each senator shall have one v o t e . ~ f*'Sec art. 5. c1.l.}2. IMMEDIATELY after they shall be assembled III consequence The s ~ n a t o r s diviof the first election, they shall be divided , as equally as may v l ~ l e d Into threebe, into three classes. ' the seats of the senators of the first g ; ~ ~ s e t t i r d of theclass, shall be vacated at expiration of the second year, of aenatorial seatsthe second class at the expIration of the fourth year, and ofvacated and filled,the t.hird class at the expiration of the sixth year, so that one every two years.thi rd may be chosen every second year; and if vacancies hap- Executives ofpen by resiO'nation or otherwise durino- the recess of the Ieo-is- states to lill vacan-]1 cies in the eCOO!iatur.e of any s t a t ~ I ' tIlIe executive ~ h e r e o f f l ~ a Y I m ~ k l e t e m p O l l ' ~ r y O f l ~ g i s l a t l U ' e ~ , &c.appomtments untI t 1e next rneetmg 0 tile egiS ature, WHchshall then fill such vacancies. A senator aged 30;" N h IIb tl h II h . n i n e y ~ a l ' s a c i t i -J. 0 person s a e a sena or W 10 S a not ave attuned zen of the Unitedto the age of thirty years, and been nine years a citizen of the States, and an inUnited States, and who shall no t, when elected, be an inhabi- habitant of histant of that state for which he shall be chosen. s t ~ t e when chosen.4. THE vice president of the United States shall be p r e s i d e ~ t ~ ~ ~ ; ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ eof the senate, but shall have no vote, unless they be equally dI- senate; to vote 01 (vided. an equal division

5. THE senate shall choose their other officers, and also a only.president pro tempore, in the absence of the vice-president, or c T l l l 0 1 c o s S e n t l a t ~ "1 1 h II . 1 ffi t' . I . f' h . e lell IJreSIW len le s a exerCIse tIe QlCe 0 preSlt en t 0 t e Umteu dcnt pro tempore,States. &c.6. THE senate shall have the sole power to tr y all impeach- The sole power t8ments. When sittinO" for that purpose, they shall be on oath or i m p e a c h m e n t ~ .affirmation. 'Vhen the president of the United States is tried, Ul the senate, &teothe. chiefjustice shall preside; and no person shall be convictedwithout the concurrence of two thinls of the members present.VOL. 1-. C f iI!

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18 Federal Constitution.

Sect-ion 4.

Concerning theholding of officesby senators andt'eprcscntatives.

A. D. 1788-9. 7. JUDGMENT in ca.ses of impeachment shall not extend fur...;A. n. C. 13. ther than to remoyal from office, and disqualification to hold and

EL -Yf enjoy any office of honor, trust , 01' profit, unuer t he Uni ted'xtcnt 0 JU g- . ' . 1 -h II I I b I' bl d'ment in cases of States, but the pal ty convictee s a nevert Ie ess e Ia e animpeachment. subject to indictment, trial, judgment, and punishment, accord-P ! l ~ : t y liable also ino- to law.to Judgment, &'''C. I::):tccOl'ding to law,T i m e ~ , &e. of 'f ' I 1 f I I I ' I t'holding elections 1. HE times, p aces, all( manner 0 10 ( mg e ec IOns lortor senators and senators and representatives, shall be prescribed in each statercpresent.'\tives, by the legislature thereof; but the cono-ress may, at any time,l ' e ~ l l 1 . t e d hy th e b I I I ' b h Istates 01' by con- y. aw, ~ a k e or alter SHe 1 regu atlOns, except as to t e pacesgress. of choosmg senators.CongTcss to as-Q. THE congress shall assemble at least once in every year,semble annually and such meeting shall be on the first Monday in December,on the fil'st Mon- I' I 1 II . . l"ffi t dday ill December, un ess t ley S la by law appomt a (1 eren ay.&e.

Section 5.Each house judge 1. EACH house shill be ihejudge ofthe elections, returns, and,?f the election of qualifications, of its own members; and a majririty of cach shalfIts own members. constitute a quorum to do business; but i t sm'LlIer numbcr mayqtlOrum. I' f' d d I ' I ' d t I tlaeJourn rom ay to ay, am may be autlonse, 0 compe Ieattendance of absent members, in such manner and under suchpenalties as each house may provide.Each house to de- 2. EACH house may determine the rules of it s proceedings"termine i ts own l)tlllish its members for disorderly behaviour, and with the con ..rules &:e. f h' d I b' c u r r e n ~ e 0 two t 11' S, expe a mem er.Jonrnals to be $. EACH house shall keep a journal of its proceedings, andkhe1lt by e1:l.chbl, h from time to time publish the same, excepting such parts as mayouse, am pu IS -, tl ' . u' . t d tl I offed s.c. In leir JU gmen reqtllre secrecy; an Ie yeas an< nays 0., the members of either house on any question, shall, at the desireof one fifth of those present, be entered on the journal.Adjonrnment of , 4. NEITHER house, during the session of congress, shall,both houses. without the consent of the other, adjourn for more than threedays, nor to any other place than that in which the two housesshall be sitting. '

Section 6.Senators and re 1. THE senators and represent'ltives snaH receive a compenl)J'cscntatives to he sation for their services, to be ascertained by law, and paid outpaid, lite, of the treasury of the United States. They shall, in all cases,.Privileged from except treason, felonv, and breach of the peace, be privileb(Tedarrest, lItc. Jfrom arrest during their attendance at the session of their re-spective houses, and in going to or re turn ing from the same;and for any speech or debate in either house, they shall not bequestioned in any other place.2. No senator or representative shall, during the time forwhicb. he was elected, be appointed to any civil office under theauthori ty of the United States, which shall have b e ~ n created,or the emoluments whereof shall have been increased during.'such time; and no person hording any office under the United,States shall be a member of eit.her house uuring his ~ o n t i n u a h c e .in office.

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Federal Constitution. 19

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Section 7. A. D. 1788-\1.A. R C.lS.'1. ALL bills for raising revenue shall origina.te in the house, of R ~ ~ ' ~representatives; but the :enate may propose or concur wIth originate in thealuendments as on other bIlls. h o ~ s e ofrepl'esen-o EVERY bill which shall have passed the house ofrepresenta- tput!ves, &fc,\.,. owers 0 t Ie

tives and the senate, shall , before It b e c o m ~ a law, be presen- president and ofted to the president of the United ~ t a t e , s ; he a'ppr?ve, he shall congr.ess in the, ' t . but if not he shall return It, WIth hIS ob1ectlOns, to that enactmg of laws,SIgn I , ,,' . . . ., d h J . and the forms ofhouse in whIch It shall . h a ~ r e ongmate , W 0 shall enter !he proceeding on billsjections at la.rge on theIr JOU.rnal.. proceed to reconsider It. in that ~ e s p e c t .If, after such reconsideratIon, two tlurds of that house shall agree .to pass the bill, it shall be sent, together with the objections, tothe other house, by which it shall likewise be reconsidered; andif approved by two thirds of that house, it shall become a law.But in all such cases, the votes of both houses shall be deter-mined by yeas and nays, and the name9 of the persons vot ingfor and against the bill, shall be e,ntered on the journal of eachhouse respectively. I f any bill shall not be returned by the pre-sident ~ i t h i n ten days, (Sundays excepted,) after it slnll havebeen presented to him, the same Shall be a law in like manner asif he had signed it, unless the congress by their adjournmentprevent its return, in which case it shall lIot be a law. .. 3. EVERY order, resolution, or vote) to which the c o n ~ u r r e n c e Joint resolutions,of the senate and house of representatives may be necessary, exccpt foraqi?UI'n(except on a question of adjournment,) shall be presented to tllllCnt, to r e c e l V t ~h ..1 f lU ' I S d b 'c . l ' l.e same sanc IOnt e preslUent 0 t mtee tates; an elore t le same shall liS hills ..take effect, shall be approved by him, or being disapproved byhim, shall be repassed by two thirds of the senate awl house ofrepresentatives, according to the rules and limitations prescri-bed in the case of a bill, . . . , . ., .. .. :

Section 8.THE congress shall have power-1. To lay and collect taxes, duties, imposts, and. excises; to Congress havepay the debts and provide for the common defence and general power to lay !.:lx.,,,:elfare of the U . ~ i t e d States; but all d u ~ i e s , imposts, and ex- CS, &c.Clses, shall be umform throughout the Umted States: ."2. To borrow mopey on the credit of the United States: To borrow money.. 3. To regulate commerce with foreign nations, and amonO" To reO"lllate c o m ~the several states, and with the Indian tribes: . . b m e r c e ~4. To establish an uniform rule of naturalization, and uni- To establish theform laws on the subject of banlnuptcies throughout the Unitecl r.llle of n a t l l r a l i z ~ States: tion, &c.5. To coin money, regulate the value thereof, and of foreio-n To coin monc,coiri, and fix the stan'dard of weiO"hts and measures: &c. . '. ? To provide for .the p u n i s l l l ~ ~ ~ n t of counterfeiting the secu- To pr?vide fornbes and current com ot the Umted States: 1 2 l ~ m s h l l 1 g CQuntcr-7 T bl' I ' teitel'S , ,0 esta 1S 1 post-offices and ~ o s t - r o a d s : To e s ~ b i i s h post8: I 0 p r o ~ l 1 ~ t e progress sCience Cl;nd useful arts, by se- offices, &c. . .e.urm/?, for l llmted times, to autnors and mventors, the exclu- To pl'omotc SCI-Sive nght to their rcsnective writinO"s and discoveries: ence, &c.9 'I' ..f. b 0 constItute tnbunals inferior to the supreme court: To To constitute infe-rior tl'ibHn:lls, &c.

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Federal ConstitutiOft.

To raise armies.

Tomake all lawsnecessary to theexecution of theirJ:lowers,

A. C. 1 7 8 S - ~ .A. R. C. 13.To declarG war.

defiile and punish piracies and felonies committed on the highseas, and offences against the law of nations:10. To declare war, grant letters ofmarque and reprisal, andmake rules concerning captureson land and water: .11. To raise and support armies; but no appropriation ofmoney to that use, shall be for a longer term than two years:To provide amwy. To provide and maintain a navy:To make rules for IS. To make rules for the government and regulation of thegoverning army land and naval forces:; I ~ d n u v Y : 1 " 14. To provide for calling forth the militia to execute theo Pl"OVI( e ,Ot' I fl' ., 1 1. .calling forth the aws 0 t le Uluon, suppress msurrectIOns, ane. repe mVaSlOl1S:milit ia . . 15. To provide for organizing, arming, and disciplining the'To 'p:'ovlde for militia and for O'overnino' such part of them as may be employ--~ l U l I ' l ; j n ' " the mill- . ' . t- . .tia &c.'" ed 111 the serVice of the Umted States; reservIng to the states, respectively, the al?pointment of the of/icers, and the authorityof training the mihtia according to the uiscipline prescribed bycongress:To exercise cx- 16. To exercise exclusive legislation in all cases wh,Ltsoever,elusive j U r i ~ d i c ? o n over such district (not exceeding ten miles square) as may, bJover a telTltonal . f' . 1 1 I t fJiSlt'ict not cxcee- ceSSIOn 0 partIcu ar states, ane t le accep ance 0 congress,ding tcn miles come the scat of government of the United States; and to ex-square, &c. ercise like authority over all places purchasetl, by the consentof the legislature of the state in which the same shall be, for theerection of forts, magazines, a r s e n ~ l s , dock-yards, and otherneedful buildings :-and,17. To make all laws which shall be necessary and properfor carrying into execution the foregoing powers, and all otherpowers vested by this constitution in the government of theUnited States, or in any department or officer thereof.

Section 9.Impoltation of eel'. 1. THE migration or importation of such persons as any oftain p e l ' , s ~ n s not t..o the states now existing shall think proper to admit, shall not be~ f t e ~ r ~ ~ ~ ~ ~ l e d until prohibited by t ~ l e congress prior to the year on.e thousand eighthundred and elght; but a tax or duty may be nnposed on' such[*'See art. 5, cl. 1.] importation, not exceeding ten dollars for each person.*The writ ofhabeas THE privilege of the writ of habeas corpus shall not beCOl'pUS recognized, suspended, unless when, in cases of rebellion or invasion, the&c. public safety may require it.No bills of attain. $. Nobill of at tainder or ex post facto law shall be passed.del', or ex post fac- 4. No capitation, or other direct tax shall be laid, unless into laws. t ' I . I . b {' I' dDirect taxes ae. propor IOn to t 1e census or enumeratIOn lerem- e ore ( lreeteconting to censns, to be taken.No eXl)ort,duty, 5. No tax or duty shall be laid on articles exporterl fromno!' preference of any state. No preference shall be


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shall without the consent of the congress,. accept of any pre. A. D . 1 :88, -9 ..sent,' ~ m o l u ~ e n t , oJfice,. title, of any kmd whatever, fromany kmg, pnnce, or foreIgn state. S t ~ t e s ; nOl' can itsoJhcers accept pre-Section 10 . sents, &c.[See amendments.,, . II' ,. 1 lU' t . 1:.3,]1. No state shall enter mto allY treaty, a, lanCe,?r cOnle(e- Powcl'swith(ll'awnt . O'rant letters of marque and repnsal; com money; frolll the st.'1tes in-ra lOn, b h' b II d 'I . d" i 'Imit bills of credit; m a ~ e any t mg ut g? (


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:Form of tile oath.

C o m p e n s ~ t i o i l ofthe president.

A. D. 1788-9,A, R. C. 13." - -v - - l

Federal Constitution.house shall, in l ike manner, choose the president. But inchoosing the president , the votes shall be taken by states, therepresentation from each state having one vote: a quorum fort ~ l ~ S purpose shall consist of a . m ~ m b e r or members from two-thirds ot the s ta tes, and a maJonty of all the states shall benecessary to a choice. In every case, after the choice of thepresident, the person having the greatest number of votes of., the electors, shal l be the vice-president. But if there should

~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ , a ~ l ~ e remain two or more who h a v e e ~ l l l a l v o ~ e s , the senate shall12,] choose from them, by ballot, the vIce-preslllent.:'Conf;"ress may de- 4. TIm COllO'reSS may determine the time of choosino- thetCI'niine. the time electors and the day on which they shall o-ive their ~ ~ t e s ., of choOSJ.l1g elcetOl's " , '? " 'of president, &c, wInch day shall be the same throughout the Umted States.

presidcnt to 5. No person except a natural born citizen, or a citizen ofbe ~ : ~ t . l l l a l . bam, 01' the United States at the time of the adoption of this constitua C:l:ZCfl m 1788 j t' I II b I' 'bi I fti t' .'d ' t 1 IIagd 85 ; m,d 111 lOn, slla e e \gl, e to tIe 0 ce 0 preSl ent: neltner layem';, it "csi:lcnt of any person be eligIble to that office, who shall no t have attamedthe UnitedStr.tc-s, to the age of thirty-five years, and been fourteen years a resi -

dent within the United States.In case of yacancy G. IN case of the removal of the president from office, or ofi ~ , t h e o:1lce o.f prc- illS death, resignation, or inability to discharge the powers and.Sluent, th e \riCe- I 1 .' ,. t' '1 fl.: tl I 11 1 1 t l 'presdent to act, ( ! L ' l . l ~ ~ ~ or He s a ~ l 0 lice, Ie same s 1


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Section 4.1. TH E president, vice-president, and all civil officers of the President, &c.United States, shall be removed from office on impeachment movable on imfor and conviction of treason bribenr or other hio-h crims ard p e a c ~ l 1 : e n t :md, "J ' b ' v 1 conVictiOn,.misdemeanors.

ARTICLE S.Section 1.

1. tH E jtldicial power of the United States shall be v e s t e d . T t H 1 i c i ~ , 1 powe"r-s'in one supreme court, and in such inferior courts a.s the con- vested in a sngress may from time to til:le or?ain and establish. judges, ~ : ; ~ l ~ ~ ~ c ~ ~ r ~ o ~ f "both of the supreme and. mfenor courts, shall hold therr offices theil' offices duringduring good behaviour, and shall, at stated times, receive for good "behaYiour,their services a compensation, which shrrll not be diminished ,,"c.during their continuance in office.

Section z.1. THE judicial power shall extend to all cases, in law a.nd Extent of the j U d l ~

equity, arising under this constitution, the laws of the United cial pOWEr,States, and treaties made, or which shall be made, under theirauthority; to all cases affecting amba.ssadors, other public mi-nisters and consuls; to all cases of admiralty and maritimejurisdiction; to controversies to which the United States shallbe a party; to controversies between two or Glore states, be-tween a state and citizens of another stat.e, between citizensof different states, between citizens of the same state, claimino" ['" See al'cstrict.ion.lands under grants of different states, a.ml between a state, of this provision,;;,-'h '4 ' I f I t " " . , , mendmcllts) m'Ct e C I ~ l z e n s t lereo , am Ol'Clgn states, clhzen;;; or ~ u b J e c t s . ; " n. ]


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Section S.Definition of trca- 1. TREASON against the United States shall consist only inson l' . 1 ' 11 ' h . ... evymg war agall1st t lem, or 111 a l lenng to t ell' enemies, g l V ~inp; them aid and comfort. No person shal l be convicted of

treason, unless on thp. testimony of two wi tne sse s to the sameovert act, or all confession in open court.e.:ongress to 2. TIm congTess shall have power to declare the punishmentclare pnlllsh. of treason, but no attainder of t reason shall work corruption ofmcnt 01 trcason, bi 1 f' f" d ' I l 'f f' 1&c. oat., or or elture, except unng t lC 1 e 0 t le person at-tainted.

A. D. 1 ! 8 S ~ - ' - ~ J . IN all ca;:;cs affecting ambassadors, other public ministersR C. and consuls, and those in which a state shall be a party, theO r j g i n a l ~ ; 1 ap- supreme .court sha!l have original jurisdiction. In all the otherp ~ l h ~ t e . i u r j s d i c t i o n ..es . b e ~ o r e mcntlOned, the supreme C?urt shall have appellateof th e supreme JunslhcLwJl, both as to law and fact, With such exceptions, andcourt. u n ( l < . ~ l ' such regulations as the conPTCSS shall make.Tl'ifil ?f c r i r ~ 1 e s to S. TUE trial of all crimes, e x c ~ ) t in cases of i m p e a c h m e n t ~he by Jury, &c. s)Jall be by jury; and such trial shall be held in the state where

the s,lid crimes ~ h a l l have been commit ted; but when not c o m ~mitted within any state, the trial shall be at such place or placesas the congress may by la.w have directed.

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AUTIQLE 4.Section 1.

~ l ' e t 1 i t to be g'iven 1. Fur.I. faith and credi t shall be given in each state to theI n sUIte to the puuEc acts records and J'udicial proceedings of every otherImbhc acts, &c. of ' y,anothcl', &c. state. And the congress may by general laws prescnbe

llvmn:3l' in which such acts, r ecords and proceedings shall beproved, and the effect thereof. .Section 2.

n e c i p ~ ' o c j f y of citi- 1. THE citizens ot each sta.te shall be entitled to all pnVI-zenshlp theotlo-h- 1 d. ' . . f' 't ' . I Iout the states.'" egcs an Imn1umt!es 0 lzens 111 tIe :,evera states.Criminals flying 2.. A PERSON charged ll1 any state With treason, felony, orfrom Oue state to other crime, who shall flee from justice, and be found in ano. ~ n ( ) t h e l , to be de- tller state shall on demand of the executive authority of theltn-red IIp on de- "m;nd. . state from which he fled, be delivered up, to be removed to th e

state having jurisdiction of the crime.Unnaway slaves, S. No person held to service or labor in one state, under the.'icc, to be ddivcrc!llaws thereof, escaping into another , shall, in consequenee ofI1p. any law or regulatIOn therein, be discharged from such service

or labor, but shall be delivered. up, on c la im of the party tQwhom such service or labor may be due.

Section S.X c , ~ s t a t e ~ m n y h e !. NEW states may be a d m i t t e ~ l by the congress ~ n t ? thisad:l1lttcd mto th e umon; but no new state shall be formed or erected. wlthm theIlrnon &c. ., d" f I t t t t b.... db tl' .luns IctIon 0 any ot l er s ,t e; nor any s a e e l o r r ~ e - y l ejunction of two or more states, or parts of states, WIthout the

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25Federal Constitution..consent of the legislatures of the states cOllcerncrl, as well as A. D. 1788-9.f th A. n. C. IS.o e cong r e s s . . ,. L_ ---..J. 2. THE c o n ~ r e s s shall have power to dIspose ot, and make Co 'Y t I. " I . ngress 0 lave all needful ru es and regulatlOns respectmg, t le terntory or } l o w ~ r over terri-.other property belonging to the United States; and. no!hing in to.Iy, &c. Claims

th ' ti't ti shall be so construed as to pre1udice any 01 itatcs,.cons u on. ",, ' , ' . > . not to be pI'eJuuI'dauns of the Umted States, 01 OJ any partlculal state. lled.Section 4.

. 1. THE United States shall guarantee to every state in this Rcpllbliean form union a r e p u b l i c ~ a n fo.rm of g o v e r n m e ~ t , s h ~ l l p r o t ~ c t each of g ~ ) v < ' : l ' l : m e n tof them against mvaSIOn ; and, on applIcatIOn oj the legIslature, f ~ ~ ~ 1 l I 1 ~ e t l to eachor the executive (when the legislature cannot be convened,) , .awainst domestic vlOlence. .o .ARTICLE 5.

1. T ~ E c o n g r e g 8 , whenever two-thirds of both houses shall ~ ~ o d c of ~ c ~ d i n gdeem itJ1ecessary, shall propose amendments to this constitu- tillS constltutlOll.!ion; or. :on application of the l e g ~ 8 l a t u r e s of h ~ { ) - thirds otthe 8 e v e ~ a ! s t a ~ s , .shall call aconventlon proJ.>us!ng amend-ments, wInch, I I I eIther case, shall be valtd to aU mtents andpurposes, as part of this Gonstitution, when- ratified by the legis-latures of three.fourths of the several states, or by conventionsin three-fourths thereof, as the one or the other mode of ratifi-cation may be proposed by the congress; provided, th1l.t noamendment which may be made prior to the year one thousaHlJeight hundred and eight, s h a l ~ in any ~ a n n e l ' affect the ~ l ' s F [* Conce;ning the 'and fourth* clauses m the mnth sectIOn of the first article: !1-r:P0l'tatiOll of eel'-and that no s ~ t e , without its consent, shall be deprived of its ; I ~ : ~ ~ c ~ ~ ~ c ~ ~ j and~ q u a l suffrage m the senate,t [ t See. ante, art. 1, 3, cl . 1.]

ARTICLE 6.t. ALL debts contracted and engagements enterell into, he- Assumption offore the adoption of this constitution, shall be as valid against debts incul'!'?d unthe United States under this constitution, as under the con- ~ e l ' thc conledem.t': d ' ,-,on.eratlOn. ;J

THIS constitution, and the laws of the United States This constitution,which shall be made in pursuance thereoC and all treaties actus co.ngrcss,d h h I II b d 1 th t" " I U an tI eatlcs, therna e, or w IC s la e rna e, un< er e au nonty 01 t lC 1lI- suprcme law, &0,ted States, shall be the supreme law of the land; and the judges The state judgesIn , e v ~ r y state shall be bound thereby; any thing in the con- bound thereby.stltuhon or laws of any state to contrary n o t w i ~ h s t a n d i l l g .. . 3. THE senators and representatives before mentioned, and Senators, reprcthe members of the several state legislabres, and all executive sentativcs, &c.d . d' , 1 ffi b tl f U ' d S . bOlllJ{l hy oath 01'.an JU ICla 0 eel'S, 0 1 0 the mtel' I tat?s aud of the affirmation to S I l P ~s e ~ e r a l s t ~ t e s ~ shall be bound,by oath or :unrmatlOn, to support ) ~ o r t this cO',3titlt-this c o n ~ ~ l t u t ~ o n : but no rehg;lOus test shall ever be requIred t'.?I1. 1,0'" qas a qualificatIon to any office or public trust under the United No re";: ,lO,IS tc"t.States. .Regional ubIat)'Canter.1011

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ARTICLE 7.Federal ConsHtution.26

A. D. 1788-9.A. R. C. 13.l1ltil l a t i ~ 7 1. THE ratification of the conventions of nine states, sha.ll9t;tcs c ; u f f i ~ i e l l ~ l m e be sufficient for the establishment of this constitution between. ,&c. the states so ratifying the same. .

DONE in convention, by the unanimous consent of th e statespresent, the seventeenth day of September, in the yearof our Lord one thousand seven hundred and cightyseven, and of the independence of the United States ofAmerica , the twelf th. In witness whereof, we havehereunto subscribed our names.GEORGE WASHINGTON,

President, and deputy from Virginill..NEW H A ] \ 1 l ' ~ n : l n F . .J La;)p,rlc:l,NIcholas ,j!.lm:m.',IMISA:fIUSETTS.N athanicl Gorham,

Hufus King.eOS;UCTJCTIl'.' V i l i i ~ m Samuel Johnson,Rogel' Sherman.

1,EW YORK.Alexandet' Hamilton.-;-i J>\V JJ;RSEY.\Villi:tm Livingston,David Bready,\Villiam Patterson,Jonathan Dayton.l'l:NNSYLVANIA.Benjamin Franklin,Thomas Mifflin,Hobelt Morris,George Clymel',Thomas Fit7$immons,

.Tared Ingersoll,.lames 'Vilson,Gouvel'llcul' l\fol'ris.J1tti'st,

DJ:J.lWARE.George Read,Glffi!l!ns Bedford, jun.John Dickinson,Richard Bassett,Jacob Broom.JlJARYLAl\"'D.James M'Henry,Daniclof St. Thomas Jenifcl',Daniel CanoJ.

VIRGINIA.John Blair,James Madison, jun.NORTH CAItOLINA.'Villiam Blount,Richard Dobbs Spaight,Hngh vVilIiamson.SOUTH CAItOLTNA.John Rutledge,Chal'1es Cotesworth Pinckne\'.Chades Pinckney, 'I'iel'ce Butlel.

GEORGIA..\VilIiam Few,Abraham Baldwin.vVILLIAM JACKSON, 8ecretm'!I.-

IN CONVENTION,MONDAY, SEPTEMBER 17', 1787.

PJ'escllt, Ole states of New Hampshire, 1\lassachusetts, Connecticut, :Mr. Hamilton from New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina and Georgia.Constitution to be 1. Resolved, That the preceding constitution be bid beforelaid Lclore COIl- the UIliteu StfLtes, in conu:ress assembled, and that it is theg-ress, &c. uopinion of this convention, that it should a.fterwards be sub-mitted t.o a. convention of delegates chosen in each state by thepeople thereof, under the recommendation of its legi.slature,for their assent a.nd ratification; and that each convention as senting to, and ratifying the same, should give notice thereofto the United States in congress assembled.C o n g r c ~ s to fix a 2. ResoZced, That it i s the opinion of this convention, thatd:ly lor lIppoiuting a.s soon as the conventions of nine states shall have ratif ied this


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Federal Constitution.' .. ' ' . ~ b n s t i t u t i o n , t h e United States in congress . a s s e ~ 1 1 1 J l c ( ~ , should A. D. 1788-9. ' - ~ . i i i : ~ : a , . d a y 011 which ~ l e c t o r s should be appomtcCl by t l 1 ~ ~ t a t e s C ' . ~ : ~" ~ h i c h shall have r a t 1 f i ~ d the same, and a. day on wlncr, .the c1cctors-V;;f presi,electl,)rs -should assembl.e to vote fo: the p r e s l ( l e n ~ , and t l ~ c t ~ m e dent, &c.; @ ~ ' p l a c e for c O m l 1 1 e ~ c l r : g proceedmgs uader tl:H.l consbt;ltlon.. That after such publicatIOn, the. electors should be appomted,a M t 9 . ~ " s e n a t o r s and representatives e l e c t ~ d . Tl.lat the e l ~ c t o r s Mode . r c , c ? ~ . m e n "should" meet on the day fixed for the electiOn of the presIdent, dthed for C:Ul ~ m g ., .. .. . . h' t t' ,. 1 . I I d d e const.J.tntlOl1 i l l "ana should transffilt t ell' va es, Cel' wee, signee, sea e an 1.0 eflect. "'likected, as the constitution requires, to the secretary of the.".UnIted S t a ~ e s in congress assembled: that s e n a t o ~ ' s and":representatlVes should conven.e at the h ~ l 1 e ann ylace assIgned;that the senators should appomt a l?resldent of t ~ l e senate, forthe sole purpose of receiving, opcmng and countmg the Yotesfor president; and that, aftel' he shall be chosen, the ~ o n g r e s s ,together ,,:ith the ' p r e ~ i d e n t , should without delay, proceed toexecute tins constItutiOn. "By the unanimous order of the convention.

GEORGE WASHINGTON, Pre.side.nt.W ~ L L I ~ ! I I JACKSON, Secreta1'y.

IN CONVENTION,SEPTEMBER 17, 1787.SIR,'VE have now the honor to submit to the considcmtion OfLette.. fi'om thethe United States in congress assembled, that COi1St.itutioE ~ o n v c : l t l ~ 1 l that .which has appeared to us the most advisal'lle. h ' a ~ : d tile, const!.T fi d f h l Id ' 1 \ t:mon, to tne pre.HE nelL S 0 .our country ave ong s e ~ n am eSlre(, t 'a t sident of congress.the power of makmg war, peace and trenties, that of levyingmoney and regulating commerce, and the corrcsyond.ent execu-tive and judicial authorities, should be fuUy niHl effectually.ve.sted in the gen?ral goverument. of the union; but the iGlprO-pnety of delegatmg such extenSIve trust to one body of meneVIdent; hence results the necessity of a different organiza-tiOn.IT is obviously impracticable in the federal government ofthese stat.es, to secure all rights of independent sovcreill"nty toeach, and yet proviue for the interest and safety ofall; individu-. al s enter ing into society must give up a share of liberty to preserve the res.t. ' ~ ' h e lIlagn}tude of the sacriiice must. dependas , ~ e l l on SItuation and Circumstance, as on the object to beo.btamed. I t is at all times difficult to draw with precisiun thebetween thos,C rights which must be surrenllered, and thosewhIch may be reseryed; and on the present occasion this difli.culty was increased by a diiference aman o the several s tates,as to their situation, extent, ha.bits and p a ~ t i c u l a r interests.IN .all our d e l ~ b e r a t i o n s on this suhject, '\-ve kept steadily inour new t ~ a t whIch appears to us the great.est int.erest of everytrue Amencan, the consolidation of our union, in which is ill

v o ~ v e d our pro:,perity, felicity, safety, perhaps "Ul ' nationaleXIstence. ThIS important consideration, seriousl), and deeply

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3A. D. 1788-9.A. R. C. 13.'---..r----J

Federal Const'ltntion.impressed on our minds, led each state in the convention tobe less rigid on points of inferior ma.gnitude, than might havebeen ot)Frwise expected; and thus the constitution which werow pl"esent, is the resul t o f it spirit of amity, and of thatm u t l l ~ t l deference and concession, which the peculiarity of ourpolitical situ:ltion rendererl indispensible.

TEAT it will Irlcd the full and ent ire approbation of everys t a t ~ , ,is not, p c r h ~ p s , be e . x p ~ c t e d ; but each will doubt lessCOESlae!", that, h;id ner mterests been alone consulted, the consequences might have been particularly di:3agreeable or injuriousto ethers: that it is liable t@ as few exc.eptions as could reasonably have been expected, \'I'e h o p ~ ~ and believe: that it maypromote the lastillgwelfare of that country so dear to us all,l:iccure he r fi-eedom and happiness, IS our most ardent\Vlsh.

",VITH great respec1;, we ha.ve the honor to be, Sir, your ex-cellency's most obedient and humble servants, .By unanimous order of the convention,GEORGE 'VASHINGTON, P1'esident.Bis Excellency;, the. President of Congre5S.-

AMENDMENTS TO THE CONSTITUTION.ARTICLE 1.

C O n f , ' T C 5 ~ P I ' o ? i ~ i t CONGRBSS sha ll make no law respecting an?establishment ofe ( ~ t f i l l ' ~ : ~ l ~ ~ ~ ( ; : ' ! c : l . n t ,r; reLg10:l, or prohibiting the free exercise thereof; or abride-ingWI 1 - .g.O.1, ,I In... I' I I . h f I vfl'cedom o;speech, the freedorn of speech, or or t te p r e s ~ ? or tIe ng tot Ie peo-of J W t S ~ ~ , and pIe peaceably to assemble, and to petitIOn the government to r aI'Jgl1L of PCLl- redress of O'rievances.bon. ;:,

ARTICLE Z.night of the pco- A WELL rer-ulated militia being necessary to the security of:pIe to keep a n d . . t t .-=- . Itt'tIlt k d b I IIbClli' arms &c. a !ree s a .e, tile ng I 0 Ie peop C 0 ecp an ear anns S la, not be infringed.

AItTICLE S.:N" 0 soldier to bequal'tel'ed in anyhouse, dll1jllgpeace, withoutconscnt, &0.

No soldier shall, in time of p ~ a c e , be quartered in any housewithout the consent of the owner; nor in t ime of war, but in amanner to be prescribed by law.

ARTICLE 4.sC:\l'chwan'ant THE right of the people to be secure in their persons, ~ o u s e s ,to Issue, except on papers and effects agamst u n r e a ~ o n a b l e searches and seIZures,probable cal'se ' '. I 11' boath, &c, " shall not be violated; and no w a r r a n ~ s S let. Issue, ut uI,J0n pro-bable cause, supported by oath or affirmation, and p a r L t ~ u l a r l ydescribing the place to be searched, and the persons 61' thmgs tobe seized. \cl!l r ~ o u s t O f l RegIOnal UbJiilj &R2search Celltar

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29Federal C o 1 ~ s W l t t i o n .ARTICLE. 5. A. n. 178-8-9.A. R. C. 13.

o No person shall be held to amm:er for a capital or otherwise \. ,",__ .- J' l ~ n ~ a m o u s crim2 uniess Oll a presentment or indictment. cf a 'NhTollPcl'son toI i '. ". 1 . c ( to answer fOt'grand jury,. ~ ~ c e p t m ~ [ t S c s ) ;msmg tl:e l ~ n d 0:- nava force;", a crime, unless onor in the nllhtta, when lfl. :lcmal serVIce, I I I tune 01 war or publIc presentment, &c.dange.r; nor . s h ~ I 1 ,:Il! perso? be . s l ~ ~ j e ( ~ t for s:ll'ae offence to ~ ~ ~ ~ \ ~ ; / ~ r t ~ c : ~ ~ I ~ ~be tWIce ru t lUJ eol,aI dy of hfe. or li.no, .\lor s ~ a l l be compelled, to answer for thein any crIminal case, to be a wItness a ~ a m s t hImself, nor be de-sameolfcncctwice,prived of life, l iberty, or property, without due process of law; &c.nor shall private property be taken for public use without justcompensation.

AHTICLE 6.. IN all criminal prosecutions, th e accused shaH enjoy the right AS8uranees ofto a speedy and public trial, by an impartial jury ot the state s ~ c ' l y ~ J d p u ~ l i c. - I tf . I 11 J b ' t t 1 : ' I trIal by Jury &c.and dIstnct wnerem le c n ~ e s 'ta lave. eell COH:mI ec , WIlIC 1 in cl'iminal pr06e-district shall have been prevlO:.lsly a s c e r t a m ~ d by law; and to be ol.\tions.informed of the nature and cause of the acc:H;ation ; to be con-.fronted with the witnesses against him; to have compulsory pro-ce>!;)s for obtaining witnesses in his favor; and to have the assis-t ance of counsel for his defence.

ARTICLE 7.IN suits at common law, where th e value in controversy shall !tight of trial byexceed twenty dolla.rs, the r ight of t ria l by jury shall be pre_Jl1).T in suits at. d d . db' I JI b h' . commm1 law.serye jan nO.lacttne .yaJurYSla eot e n ~ I s e r e - e x ( a m E - a b o " c t h e , ' a i u e o fed m any courftf the Umteu Sta tes, than accordmg to the rules 2) 20, &c.

of the common law.ARTICLE 8.

EXCESSIVE bail shall no t be required, nor excessive fines im- Excessiye b ~ l , and.posed, nor cruel and unusual punishments tlicted. u u j ~ s t aud cruel. pUnishments, prohibited.ARTICLE 9.

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THE enumeration in the constitution, of certain rio-hts, shall Rigj;lts cnumeratnot be construed to deny or disparage others retailfed by the eel, not to d i ~ p a r -I age th05C retained.peop e.ARTICLE 10.

THE powers no t delegated to the United Sta tes by the consti- Power8 not dele.tution) nor prohibi ted by it to the states, are reserved to the gated, &c. are restates respectively or to the people SCI'YetI to the" states or peoplc.

ARTICLE 11.THE judicial power of th e United States shall no t be constru- Restriction of ju.cd to e x t ~ n d to any suit in law or equity, commenced or prose- dicial powers. [Seecuted a g a m s ~ ?ne of the !nited StatttS by' citizens of another : i ~ t ~ : art. 3, 2,sta.te, or by CItIzens or subjects of any foreIgn state.

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A. D. 1iRS-i!. ARTICLE 1 2 . ~A. n. C. 13 ...." - s. 1. TI lE electors shall meet. in their respective states, and voter ee ante art . 2 . ) , b II t f' './ t l ' . 1 t fIt II,c!. s.] , uy a 001' prcslUcn an( VIce pres\t en , oneW10m, Il east,Actnal morle of shall not be an inhabitant of the same state with themselves;electing prcsi- they shall name in their ballots the person voted for as presi~ i ~ ~ ~ t ~ ~ ~ ~ ~ ~ e dent, and in distinct. ballots pers.on voted for as vice presi ted States. dent; and they shall make distInct lIsts of all persons voted foras president, and of all persons votr:d fo.r as vice p r e s i d ~ n t , andof the number of votes for each, wInch 11St8 they shall sIgn andcertify, and transmit scaled to the seat of the government of theUnited States, directed to the president of the senate; thepresident of the senate shall, in the presence of the senate andhouse of representatives, open all the certificates, and the votesshall then be counted; the person having thegreatest number ofvotes for president , shall be the president, if such number be amajority of the whole number of electors appointed; and if noperson have such majority, then , fi'om the per'sons having the

highest number, not exceeding three, on the list of those votedfor as president, the house of represenhltives shall choose immediately, by ballot, the president. But in choosing the pre.sident, the votes shall be taken by states, the representation fromeach state having one vote; a quorum for this purpose shall cons is t of a member or members from two-thirds of the states, and" mnjority of all the states shall be necessary to a choice. Andif the house of representatives shall not choose a presidentwhenever the rjgbt of choice shall devolve upon them, beforethe fourth rlay of :March next following, then tl1('; vice presidentshall act as president, as in the case of the death or other con-stitutional disability of the president. .

2.. THE J ~ e r s o n having the g ~ e a t e s t . ~ u m b e r of votes as vicevresldent, Sl1all be the VIce presIdent, It such number be a majority of the whole number of electors appointed; and if noperson have a majority , then, from the two highest numbers onthe list, the senate shall choose the vice president: a quorumfor the purpose shall consist of two thirds of the whole numberof senators; and a majority of the whole number shall be necessary to a choice.S. BUT no person constitutionally ineligible to the office ofpresident, shan be eligible to that of vice president of the UnitedStates.

50 Federal Constit1dion.

ARTICLE IS.Citizenshill forfeit b any citizen of the United States shall accept, claim, reby fthe ace:p- ceive, or retain any t it le of nobil ity or honor, or shall , without


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A. D. 17io.A. R. C.l .

51'Bill oj Rights.

"

, , ' ' ' "" C 3". , . : : . ... '- ....;r-,. : . . . ~ : - ; . j .' ..: , . J l ~ 1 J i C l i I ~ d : t , i ~ n X ( l R i g h t s made by the ~ e - p ~ { ' s e n t a t i t e ~ of the. , ~ , . ' , - P J ~ ' 'Ie ' ! 1 ~ ViRGINIA, a s s e 1 1 ~ b l e d '/.'1t jull and /1 ee p ~ n ",

, ; i f ~ ~ f t ~ r i g ' h t sdo p e , , . ~ a ' t l l theln) and thet',. 1 O i i t ~ -" , ~ i j ; , ~ t h , ~ , 1 i ~ H , and found(Ltton oj Government.,< ; ; ~ : : ' ' : f t r ~ c i : h i l ~ o u s l y adopted, June 1, 1776.J

' ~ ; ~ ~ : i j ~ ~ ~ : ~ l l men are bynature equally free and indcpcn< " ' d ~ h f ~ r i d ,have certain inherent rights, of which, when thc.r" ~ r i t e ; " ~ r i t o , a s t a t e of society, they cannot, by RI:y compact,' ~ p r i v e or 4ivest.their posterity; n a m e ~ y , the e n J o y n l e l l ~ of hte


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A. D. 177ftA. R. C. 1.L-y-J

Bill qf Ri.ghts.Df the people, is injur ious to their r ights, and ought no t to beexercised.8. Tr- IAT, in all capital or criminal prosecutions, a man hatha right to demand the cause and nature of his accusation, tohe cOllfronteu with the accusers and witnesses, to call for evi-dence in his favor, and to a speedy trial by an ~ m p a r t i a l juryof his vicinage, without whose unanimous consent he cannotbe found. guilty; nor can he be compelled to give evidencea g a i n ~ 5 t himself; that no man be deprived of his liberty exceptby the law of the land, 01' the judgment of his peers.

9. THAT excessive bail ought not to be required, nor exces-sive fines imposed, nor cruel and unusual punishmentsf1icted.10. THAT general warrants, whereby an officer or messengermay be commallded to search sllspected places without evi-dence of c. fact committed, or to seize any person or personsno t named, or ,,,hose offence is not particularly described andsupported by evidence, are grievous and oppressive, and oughtno t to be granted.11. THAT , in controversies respecting property, and in suit"between man antI man, the ancient t rial by jury is preferableto any other, and ought to be held sacreo.12. THAT tl)e freedom of the press is one of the great bul-warks of liberty, and can never be restrained but by despoticgovernments. 'IS. THAT a well regulated militia, composed of the body ofthe people, trained to arms, is the proper, natural and safe ue-fence oi a free s ta te ; tha t standing armies, in time of peace,

liihould be avoided, as dangerous to liberty; and that in al lcases, the milita.ry should be under strict subordination to, andgoverned by, the civil power.14. THAT the people have a right to uniforln government;and therefore, that no government separate from, or indepen-dent of: the government of Virginia, ought to be erected orestablished within the limits thereof.15. THAT no free government, or the blessing of liberty,

can be preserved to any people, but by a firm adherence to jus-tice, moderation, temperance, frugality, and virtue, and by fre-quent recurrence to fundamental principles.16. THAT religion, or the duty which we owe to our Creator,.and the manner of discharging It , can be directed only by rea-son and conviction, not by force or v i o l e n . ~ e ; and therefore allmen are equally entitled to the free exercise of religion, ac-cording to the dictates of conscience; and that it is the mutualduty of all to practise Christian forbearance, love, and charitytowards each other.

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Coustitidion qf JTiTginia..C. 4.

"The'CQf/stitution or Form of G01 1ernment, a/;,l'eed to and re-;lsolved upon by the D e l e g a t ~ s and R e ~ . r e s ~ n ~ a t w e s of the seve-.. ."itl Counties and Corpomtwns of J. ~ r g m w .. , ~ ; . [Unanimously adopteo, June 29, 1776.J. :1. WHEREAS Ge01'ge the third, King of GreatB1'itct'in andireland, and Elec.tor of Ilanoye1', l ~ e r e t o f o r e entrusted with theexercise of the klllgly office I I I thIS government, hath endeavoured to pervert the flame into a oetestable and insupportabletyranny, by putting his negative on laws the most wholesomeand necessary for the public good :By denying his Governorspermission to pass laws of immediate and pressing importance,unless suspended in their operation for Ius assent, and, whenso suspended, neglecting to attend to them for many years:By refusing to pass certain other laws, unless the persons tobe benefited by them would relinquish the inestimable rightof representation in the Legislature: By dissolving LegislativeAssemblies repeatedly and continually, for opposiugwith manly firmness his invasions of the rights of the peo;;lc: "Vhendissolved, by refusing to call others for a long space of time,thereby leaving the political system without any Legislativehead: By endeavoring to prevent the population of OUf country, and, for that purpose, Obstructing the l.uws for the n a t u r a l i ~zation of foreigners: By keeping among us, in time of peace,standing armies and ships of war: By affecting to render themilitary illdependent of, and superior to, the civil power: Bycombining with others to subject us to a fOl'eign jurisdiction;giving his assent-to their pretended acts of Legislation; For(luarterihg large bodies of armed troops among us : For cuttingoff our trade with all parts of the world: For imposing taxes. on us without our consent: For depriving us of thc' benefits of .'the tr ial by jury: For transporting us beyond seas, to be triedfor pretendcd .offences : For suspending our own Legislatures,and declaring themselves invested with power to legislate forus in all cases whatsoever: By plundering our seas, ravagingour coasts, buning our towns, and destroying the livcs of ourpeople: By inciting insurrections of our fellow subjects, withthe allurements of rOl'feiture and confiscation: By promptingour negroes to rise in arms among us, those very negroes,whom, by an inhuman use of his negative, he hath refused uspermission to exclude by law: By endeavoring to bring on theinhabitants of our frontiers, the mercilcss Indian savages,whose known rule of warfare is an undistinguished destructionof all ages, sexes, ano conditions of existence I By transpor.ting at tllis time, a large army of foreign mercenaries, .to COIn-plete the , ~ ' o r k s of death, desolation, and tyranny, alreadybegun with cil'Cumstances of cruelty and perfidy unworthy the.head of a civilized nation: By answering our repeated petitions for redress with a repetition of injuries: And finally, byabandoning the helm of government, and declaring us out of

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Constitution qf Jli1gin'ilt.54A. D. 177t1. l1is allcO"iance and protection. 'By which several acts of mis

t A. R. C. rule, t.hoe government of this country, as formerly exercised, -v- - under the crown of Great Britain, is totally dissolved:~ ~ l ~ ~ ~ s ~ l : ~ ~ ~ - 2. "VE, therefore, the Delegates and Representatives of theAnother declared. good peopleof Virginia, having maturely consideredthe prem-

, 4It ' ises, and viewing with great concern the deplorable conditionto which this once happy country must be reduced, unless someregular atIequate mode of civil polity is speedily adopted, andin compliance with a recommendation of the General Congress,do ordain and declare the future form of government of Vi1'ginia be as :ollo.weth:. . .Legislative, Exe- 3. 1 HE LegislatlVe, ExecutIve, and JudicIary departments,cutive, and Judici- shall be separate and distinct, so that neither exercise the powerslU)'lh'separated'ti' properly belonging to the other; nor shall any person exerciseWI an excep on. f h f h h .the powers 0 more t an one 0 t em at t e same hme, exceptthat the justices of the county courts shall be eligible to eitherHouse of Assembly. , ,\Legislatnre; Gen- 4. THE LegiSlative shall be formed of two distinct branches,el,u Asse,mbly, who, together, shall be a complete Legislature. They shallfOl"mted01 tWt ollou- meet once or oftener, every Veal', and shall be called the Gen-ses, a mee once a I f u. .. J ,year. eral Assemb, y 0 I" trgmta. . ,HOI.lse of Dele- 5. ONE of these shall be called the House of Delegates, andgates; its me";!- consist of 'two Representatives to be chosen for each county,bel'S, how quail- and for the district of UTest .I1llgustd, annually, of such men as~ e ~ ' 1 ~ Y v ~ l ; ~ ~ ~ . actually reside in and are freeholders of the same, or duly11 1 \ -qualified according tttlaw, and also one Delegate or Representative to be chosen _ ~ . r i n u a l l y for the city of Williamsb17'g, andone for the bor\}ugl 0 Norfolk, and a Representative for eachof such other cines and boroughs as may hereafter be allowedWhellll corpora- particular representation by the Legislature; but when any ~ i t ytion's r i g l ~ t to re- or borough shall so decrease as that the number of pei'sonsjll'esentatlOIl shall havina right of suffrage therein shall have been tor the space ofcease. sevenbyears successively less than half the number of voters insome one county in V i r ~ ' i n i a , such city or borough thenceforward shall cease to send a Delegate or Representative to theAssembly.Senate; number 6. T H J o ~ other shall be called the Senate, and consist of twentyof ~ f i ~ b e f : ' how four members, of whom thirteen shall constituteaHouse to pro? v ~ ~ ~ e a'nd ho\v ceed on business, for whose election the different counties .shall, c h o s e ~ . be divided i n ~ o twenty-four districts; and each county of therespective district, at the time o.f the election o!' its Delegates,shall vote for one Senator, who is actually a reSident and freeholder within the district, or duly qualified according to law,and is upwards of twenty-five years of age; and the sheriffs ofeach county, within five days at farthestaftel ' the last countyelection in the district, shallQ1eet at some convenient place,and fi'om the poll so taken in their respective counties ret.tirnas a Senator the man who shall have the greatest number ofRotation. votes in the whole district. To keep up this Assembly by rotation, the districts shall be equally divided into four classes,'and numbered by lot. At the end of one year after the generalelection, the six members elected by the first division shall bedisplaced, and. t l ~ e . vacancies t l 1 ( ' ~ r e ~ y 0 ~ C a S i 9 1 l e d s u p p l i ~ d f r ~ l n :l .) . R I ilal liblary a.such class or diViSiOn, by new electiOn, III the manner aforesaid. '11210 M",ustee,,:"'l eg 0, iesearch nter, ,M RD 1011,0. Box 310t Iberty, Tx 17575 '

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.'Constitution oj Virginia. 35

This rotation shall be appli to each division, according to its A. D. 1776,number, an,dcontinued in due or.der annually.;/7. 'THj\T the right ~ u f f r a g e In electIOn of members of Right of suffrage;both ~ o ~ s e s " ~ ? , a U remam as exercIsed 3;t p ~ c s e n t , and each each H?use mayHouse :shalFdioose its. own Speaker, appoInt Its own officers, choose Its Speakerc't''tl{


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36A. D. 1776,A. R. C. 1.L - y - - J

Constitution rif Virginia.annually :unong the members, in proportion to their at.tendance ;and they shall be incapable during their continuance in office, 'or sit ting in either House of Assembly. Two members shallbe removed by joint ballot of both Houses of Assembly at theend of every three years, and be ineligible for the three nextyears. These vacancies, as well as those occasioned by deathor incapacity, shall be supplied by new elections; in the samemanner.

Delegates to Con- 12. THE Deleo;ates for VirlJ'in'ia to the Continental Congressgrcss how chosen 1 II b , . , ' 81a be chosen annually, or superseded II I the mean tIme byjoint b , l l l o ~ of both Houses of Assembly.JHilital'y regula- IS . THE present militia officers shall be continued, and va-tions. 'cancles supplied by appointment of the Governor, with theadvice of the Privy Council, or recommendations from therespective County Courts; but the Governor and Council shallhave a power of suspending any officer, and ordering a courtmartial on complaint of misbehaviour or inability, or to supplyvacancies of officers happening when in actual service. TheGovernor may embody the militia, with the advice of the PrivyCouncil, and when embodied, shall alone have the direction ofthe militia under the laws of the country .

Courts ofApRcals, 14. THE two Houses of Assembly shall, by joint ballot,Gcneral, ot C h ~ n - appoint judges of the Supreme Court of Appeals, and Generalecry, Rnd Adml- C J d . Ch J 1 f Ad . 1 Sralty, judgcs of; ourt, u ges m .ancery, U(lges 0 . , mlra ty, ecretary,Sccretm')', :md At . and the Attorney General, to be cOlnmlsslOned by the Govertome)' G ~ n c r a J , nor, and continue in ofilce during good behaviour. In case of~ ~ I ~ . : : ; ~ P ~ t t ~ ~ ~ I U _ death, incapacity, or resignation, the Governor, with the advicedcd with s'omc of the Privy Council, shall appoint persons to succeed in office,othe.rs, t!'om thc to be approved or displa.ced by both Houses. These officers~ ~ ~ ~ ; l ~ ~ : ~ and 'shall have ~ x e d and ,allequate s a l a r i e s , a . ? ( ~ , together with.allothers holdmg lucratIve offices, and all Mimsters of the Gospel

of every denomination, be incapable of being elected members. of ei ther House of Assembly, or the Privy Council.Connties, In.sticcs 15. THE Governor, with the advice of the Privy Cou.ncil,of, how a p . r o m t r ~ ? ; shall appoint Justices of the Peace tor the counties; and inshall appom t then' "f' . . :t f ' " . 0' tl b .clcrks, recom- Cd.se 0 vacancIes, a neceSSl y 0 mCI e a s l D ~ Ie num ermend sheriffs and hereafter, such appomtments to be made upon the recommene o r o n ~ l ' s . to be dation of the respective County Courts. The present actingeomnmslOllcd by St' V' .. ;J I k' f' II tl e tCExecutive; and ap- \ecre iUY. III , t r g t ? ~ U l . , anll C er s, 0 a . 1e .oun y ourts,point constables. s:1all contmue III olhce. In case of vacanCIes, eIther by death,incapacity, or resiO'nation, a Secretary shall be appointed asbefore directed, and the clerks by the respect ive courts. 'rhepresent and future clerks shall hold theiroffices during goodbehaviour, to be judged of and detel:mined in the General

COclrt. The Sheriffs and Coroners sha.ll be nominated by therespective courts, app'roved by the Governor, with the adviceof the Privy Coullcil, and commissioned by the Governor.The Justices shall appoint constables, and all fees of the aforesaid officers be regulated by law.16. THE Governor, when he is out of office, and others off ~ l l d i n g against the sta.te, either by mal-administration, corruptIon, or other means by which the safety of the state may be. endangered, shall be impeachable by the House of Delegates.

Impeachmcllts. Such impeachmen t to be prosecuted by the Attorney General,01' such other person or persons as the" House may appoint, in

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37A. D. 1776.A.R.C. ! ." - - - y -J

"Constitution oj Virginia.j l i e . r i ~ ~ ~ i a i ' c 6 u i j ) . - a ' r i ~ ~ 1 - d ; i ~ ~ t o the laws of t ~ l e land. I f found, ~ i ! t y , ' h e } i . r t h e f ~ ~ l I l ~ ~ b ~ ; ' e ~ ~ h e r for ever (hsabled.to hold' , l O f f i c e ' u n d e r g . Q : v e n : 1 V : i ~ ) l t ; \ ? r re!IlO\Ted from ~ u c h ofilce pro tem,

0" ~ ~ ; ; o r ~ ' ~ ~ b J ~ ~ ~ ~ : ! , f S U c h ~ a : I n s o r penaltIes as the law shall, ~ ) i ~ ~ b " i I : ~ ~ i ~ ~ . ! J Y ~ ( ~ ~ ~ e ' Judges of the General Court, shall, Impeachments.

'1)D ~ u h i \ S ; ~ r t o ~ e ~ Judged of by the H o u s ~ of D e l e ~ a t e s ): n e . a d = t u s ~ 'f any'ofthe,cnmes.or ?ffences b e f o r ~ - I ) l e n h o n e d ," 81u:\ifBOuse' Q f D e l e O " ~ t e s may, In hke. manner, Impeach the,. : s t f 4 g e r ~ ) t i d o - e s 'so , a ~ c j l s e ~ ; to be p ~ ? s e c u t e d in the ~ o u r t ?f: . A ; p p e ~ s ; . : : a ~ ~ . ' ? r ~ h e y , I f ~ O U l l ( ~ guIlty, shall.be pUnIshed 111- i . , t ~ e 8 a m e : i n a ~ n e r : a s l s prescrIbed In the precedmg c l a ~ s e .

:, C , , ' , :Hk;Co::t.t::MISS*ONS and g r a ~ t s shall run In the name of the Commissions, .. - c 6 M l I f O N W ~ A L . t f l ' o f VIRGINIA, and bear test by th e Governor, gmnts and wrlts,_' < w i t l i t h e " s e a f o f ~ t h e C o m D 1 o n w e a l t h annexed. Writs shall run ~ ~ { ; ~ t ~ ~ ~ t ~ e ~ t o 7 : ~' ~ i i ( t h e s l u l l ~ ~ r i i a . i u i e r , and bear test ,by the clerks of the several clusion of..,Mllrts:;"' Iildictmentsshall conclude, .Ilgainst the peace mId: tligi1#y:oLth'e(Jomnwnwealth. . .., .. : 1 9 ~ " T R ~ A S P : R E R shall be appomted annually, by Jomt bal- TreaSUlel..:-lc)fofbOth:Houses:' ' .,, ' , " ,_.-' :00: A r ; ; ' ~ c ~ e a t s , ,pnalties, and forfeitures, heretofore going ~ s c h e a t ~ , . pelUlIto , t g e K i n g , . $ l y i l l : g o , t o , : t h ~ Commonwealth, save only such as ties, forfeitures,t h ~ ( I . ; e g i ~ ~ a t u r e , ' J ! i : a . r \ a b ~ ~ ~ s h f Ox: ,othei'wise provide for.2 J : ~ 1 ) I E t e r ~ ~ t o r l e s c ~ h t i t i n e d within the charters erecting TCl'ritoriallimits;the colonies ,of J/Earyla'ial; Pennsylvania, North and S01.uh- c e ~ s i o n . t o , c o - t ~ r -, r.r l " ' I b '" d d 'I ddt ' fi I mmOllS states,, , ~ a r o tna, ,l:\.re' ler,e y ce e ,. re ease ,an or ever con nnet r l l t U J ' ( ~ O-OVCl'Il-'to: the people of those colonies respectively, with all the rights !Dents ~ v c s t of'0[ ' property, ju:isdict.ion, and g o v e r ~ m e n t , and. all other rights Mount A l l c ~ h e n ywhatsoever, whIch m,JO'ht at any tune heretofore have been I ~ o w to bc cS,taL-I d b ' '17" ". b t tt. fi '.. J [hohed.C aime ,y ,. trgtn1,a,excep ,ie ree naVIgatIOn ann use 0the rivers Potowmac and Poho1noke, with the property of the'Virginia shores, or strands bordering on either of the saidrivers, and all improvements which have been or shall be made

t h e r e o n ~ , 'rhe western and northern extent of Virginia shallin,all o t h ~ r 'respects stand as fixed by the charter of KingJames the first, mthe year one thousand six hundred and nine,,and'by thepublic treaty of peace between the Courts of G1'eatBritain and France, in the year OIle thousand seven hundredand sixty-three ; unless, by act of Legislature, one or more~ I T i t o r i e s shall hereafter be laid off, and governments estab-lIshed westward of the Allegheny mountains. And no pur- No purchaseschase of lall.ds shall be made of the India:n. natives, b....lt on be- f ~ 1 ) m India!l naFalf of public, by authority of the General Assembly.''!


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Houston Roglonal Lib/Ii)C h Center

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Constihdion rf YiTgillia.22. IN order to introduce this government, Lhe repl'csenta- .tives of the people met in Convention shall choose a Governorand Privy Council, also such other officers directed to bechosen by both Houses as may be jmlged necessary to be im-'mediat.elyappointed. The Senate to be first chosen by the 'people, t.o continue until the last clay of .llI'mch next, and theother officers until the end of the s u c c e e t l i n ~ session of As-sembly. In case of vacancies, the Speaker of either House'shall issue writs for new elections.*'

And the third granted the comp!\ny, the islands within 300 leagues of both c o a s t s ~ . tTh e extensive territol-Y granted by these charters, was I'educed before the I'eva- ,Julion, by the chwters granted to, other colonies, and by the treaty of 1763, be .tween France and Great-Britain, referred to in this arti cle of the constitution;and, since the revolution, by the cession of the territory N. "Vest of tJ1COhio .totile United States , and the erection of Kentucky into a separate state. Theboundaries of V i q ~ - i l 1 i a have also been adjusted on all sides; see post, c. 5. 15. 16.17. 18. 19.20.21... As to the foem of the Colonial government, fOi' which this constitution wassubstituted,. see 1 Chart. 7. 8. 15. 1 Hen. st. at lar. p. 60, 1, 4. Royal instr1let i 0 1 l . . ~ for the government of the Colony, Ibid. p. 67. 75. 2 Chart. !fl 8. 9. 10, 11.12. 13. 14. 15. 23. Ibid. p. 89, 90, 1, 2, 5. 3 Chm't: 6.7. 8. Ibid. p. 102, 3 . - .By the a th Section of the second charter and the 8th of the third, the power of .eSlablishillg' a form of government and ma\>istracy for the Colony, was vested inthe council and general court of the Virgimacompany in England j which, On the24th July, 1621, ordained a form of government accordingly; whereby the power's of the Colonial government were vested in a governor and council of l>tate,appointed by the company in England and holding dur ing its p l e a s u n ~ , and a.honse of burgesses, two from every town, hundred and particular plantation, tobe respectiyely chosen by the inhabitants; :md this council of s la te and house ofburgesses formed the Colonial legislature, called the General A s s e m ~ l y . TheColonial govel"Hment was directed to conform, in legislation and jurisprudence,to the English government and laws; and it was provided, that no law 01' oedinance made by the General Assembly, should be valirl. u l J l e ~ s ratified. by thegeneral conrt. of the company in England, and returned. so ratified under its seal.See this Constitutiun, and the commission and instl"1.lcti01M to the fi1'st governol'under it, 1 Hen. s t. at lar. p. 110. 113. 114. In 1624, the crown suppressed theVirginia company by proclamation, lind resumed the powers granted to the company; but the form of governm.ent i t had given the Colony,rernained in substanceunchanged. It appears, that the const.itution of the colonial government wasamended by Georg-e 1. and instructions were given by f:eorge II . to the governo!"Lorcl Albemarle, for the regulation of the government Rccording to the amendedconstitution: but these papers are not to be found. Th e King always retained thecontrol over the colonial laws, ami even exercised the llower of suspending andrepealing them j powers, often exercised capl'iciously, always complained of as agrievance, sometimes disputed, ami at length assigned as one of the causes of theI'evolution ; llee 5 Hen. st. at lar. 452. This royal prerogative had a most important influence on the legislation of the Colouial government. COlUlties 01'shires wel'e fil'st established in 1634. 1 Hen. st. at lar. fl. 224. It seems fromIml" ancient records, that a t f irst ,' in practice, neither the towns, hundreds andplantations, while they were represented, nor th e counties, after the bUl'gcsseswere elected fi-om them, were restricted to tlUO or any fixed number of burgesses. In 1645, the number was limited to four for each county, except .famesCity, which was allowed five, besides one for Jamestown, the seat of govermuent;1 Hen. st. at 1m'. p. 299. Afterwards, particular parishes, and then all parishes,were allowed to send one or two burgesses; Ib-id. 250. 277. 421. In l ( j 6 0 ~ thenumber of bUl'gesses was limited to two for each county and one for JRmestownin J:llues City eQlUlty, with like privilege to every county, that would layout 100acres of land, and people it with 100 tythenble persons; 2 Ibid.jl. 20. 106.Th e 7lh mticle of the present constitution,. prO\'ides tha t the right of s1tJfl'ajrefo r membel's of both houses of Jlssembly, shaY, remain as exercised at present.By the constitution of July 1621, above cited, the riglIt oj suffrage was given tod,e inhab-itants; afterwards, it seems, only freemen wereallowed tovote; 1 Ibid.fl. 333,4. then only housekeepers; Ibid. p. then allfreemen again, Ibid. p.40;;. 475. then ".fi'eeholders and hou.sekeepers, who only are answerable JOI'levies;" 2 Ibid. 280. then, by Bacon's laws, all freemen again; .Ibid. 356. But1677, the H:ing instructed the Governor, that the membess of Assembly should beilected by./leelwlders only; l b i ~ . p. 4,25. In 1684, it :vas resolved, that all ~ e n ants fu r liJe had an undoubted ngh t o f sujfrage; 3 Ibid. 26. In 1699, the right


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Documents

Constitution of the United States With Original 13th