« ПредыдущаяПродолжить »
commodities whatever: Of establishing rules for deciding in all cases what captures on land or water shall be legal; and in what manner prizes taken by land or naval forces in the service of the United States shall be divided or appropriated: Of granting letters of marque and reprisal in times of peace: Appointing courts for the trial of piracies and felonies committed on the high seas; and establishing courts for receiving and determining finally appeals in all cases of captures; provided, that no member of congress shall be appointed a judge of any of the said courts.
The United States, in congress assembled, shall also be the last resort, on appeal, in all disputes and differences now subsisting, or that may hereafter arise, between two or more states concerning boundary, jurisdiction, or any other cause whatever; which authority shall always be exercised in the manner following: Whenever the legislative or executive authority or lawful agent of any state in controversy with another shall present a petition to congress, stating the matter in question, and praying for a hearing, notice thereof shall be given, by order of congress, to the legislativo or executive authority of the other state in controversy, and a day assigned for the appearance of the parties by their lawful agents, who shall then be directed to appoint, by joint consent, commissioners or judges to constitute a court for hearing and determining the matter in question; but if they cannot agree, congress shall name three persons out of each of the United States; and from the list of such persons each party shall alternately strike out one, the petitioners beginning, until the number shall be reduced to thirteen; and from that number not less than seven, nor more than nine names, as congress shall direct, shall in the presence of congress be drawn out by lot; and the persons whose names shall be so drawn, or any five of them, shall be commissioners or judges to bear and finally determine the controversy ; so always as a major part of the judges who shall hear the cause shall agree in the determination. And if either party shall neglect to attend at the day appointed, without showing reasons which congress shall judge sufficient, or being present shall refuse to strike, the congress shall proceed to nominate three persons out of cach state, and the secretary of congress shall strike in behalf of such party absent or refusing; and the judgment and sentence of the court, to be appointed in the manner before prescribed, shall be final and conclusive. And if any of the parties shall refuse to submit to the authority of such court, or to appear, or defend their claim or cause, the court shall nevertheless proceed to pronounce sentence, or judgment, which shall in like manner be final and decisive; the judgment, or sentence, and other proceedings being in either case transmitted to congress, and lodged among the acts of congress, for the security of the parties concerned ; provided, that every commissioner, before he sits in judgment, shall take an oath, to be administered by one of the judges of the supreme or superior court of the state where the cause shall be tried, "well and truly to hear and determine the matter in question, according to the best of his judgment, without favor, affection, or bope of reward;” provided, also, that no state shall be deprived of territory for the benefit of the United States.
All controversies concerning the private right of soil claimed under different grants of two or more states, whose jurisdictions, as they may respect such lands and the states which passed such grants are adjusted, the said grants, or either of them, being at the same time claimed to have originated antecedent to such settlement of jurisdiction, shall
, on the petition of either party to the congress of the United States, be finally determined, as near as may be, in the same manner as is before prescribed for deciding disputes respecting territorial jurisdiction between different states.
The United States, in congress assembled, shall also have the sole and exclusive right and power of regulating the alloy and value of coin struck by their own authority, or by that of the respective states: Fixing the standard of weights and measures throughout the United States: Regulating the trade and managing all affairs with the Indians, not members of any of the states; provided, that the legislative right of any state within its own limits be not infringed or violated: Establishing and regulating post-offices from one state to another throughout all the United States, and exacting such postage on the papers passing through the same as may be requisite to defray the expenses of the said office : Appointing all officers of the land forces in the service of the United States, excepting regimental officers: Appointing all the officers of the naval forces, and commissioning all officers whatever in the service of the United States: Making rules for the government and regulation of the land and naval forces, and directing their operations.
The United States, in congress assembled, shall have authority to appoint a committee to sit in the recess of congress, to be denominated a committee of the states, and to consist of ono delegate from each state; and to appoint such other committees and civil officers as may be necessary for managing the general affairs of the United States under their direction : To appoint one of their number to preside; provided, that no person be allowed to serve in the office of president more than one year in any term of three years: To ascertain the necessary snms of money to be raised for the service of the United States, and to appropriate and apply the same for defraying the public expenses: To borrow money, or emit bills on the credit or the United States, transmitting every half year to the respective states an account of the sums of money so borrowed or emitted: To build and equip a navy: To agree upon the
number of land forces, and to make requisitions from each state for its quota, in proportion to the number of white inhabitants in such state, which requisition shall be binding; and thereupon the legislature of each state shall appoint the regimental officers, raise the men, and clothe, arm and equip them in a soldier-like manner, at the expense of the United States; and the officers and men so clothed, armed and equipped shall march to the place appointed, and within the time agreed on by the United States, in congress assembled ; but if the United States, in congress assembled, shall, on consideration of circumstances, judge proper that any state should not raise men, or should raise a smaller number than its quota, and that any other state should raise a greater number of men than its quota thereof, such extra number shall be raised, officered, clothed, armed and equipped, in the same manner as the quota of such state, unless the legislature of such state shall judge that such extra number cannot be safely spared out of the same; in which case they shall raise, officer, clothe, arm and equip as many of such extra number as they judge can be safely spared ; and the officers and men so clothed, armed and equipped shall march to the place appointed, and within the time agreed on by the United States, in congress assembled.
The United States, in congress assembled, shall never engage in a war; nor grant letters of marque and reprisal in time of peace; nor enter into any treaties or alliances; nor coin money, nor regulate the value thereof; nor ascertain the sums and expenses necessary for the defense and welfare of the United States, or any of them; nor emit bills; nor borrow money on the credit of the United States; nor appropriate money; nor agree upon the number of vessels of war to be built or purchased, or the number of landor sea forces to be raised; nor appoint a commander-in-chief of the army or navy, unless nine states assent to the same: nor shall a question on any other point, except for adjourning from day to day, be determined, unless by the votes of a majority of the United States, in congress assembled.
The congress of the United States shall have power to adjourn to any time within the year, and to any place within the United States, so that no period of adjournment be for a longer duration than the space of six months; and shall publish the journal of their proceedings monthly, except such parts thereof relating to treaties, alliances, or military operations, as in their judgment require secrecy; and the yeas and nays of the delegates of each state on any question shall be entered on the journal, when it is desired by any delegate; and the delegates of a state, or any of them, at his or their request, shall be furnished with a transcript of the said journal, except such parts as are above excepted, to lay before the legislatures of the several states.
ARTICLE X. The committee of the states, or any nine of them, shall be authorized to execute, in the recess of congress, such of the powers of congress as the United States, in congress assembled, by the consent of nine states, shall, from time to time, think expedient to vest them with; provided, that no power be delegated to the said committee for the exercise of which, by the articles of confederation, the voice of nine states, in the congress of the tuited States assembled, is requisite.
ARTICLE XI. Canada acceding to this confederation, and joining in the measures of the United States, shall be admitted into and entitled to all the advantages of this Union. But no other colony shall be admitted into the same, unless such admission be agreed to by nine states.
ARTICLE XII. All bills of credit emitted, moneys borrowed and debts contracted, by or under the authority of congress, before the assembling of the United States in pursuance of the present confederation, shall be deemed and considered as a charge against the United States, for payment and satisfaction whereof the said United States and the public faith are hereby solemnly piedged.
ARTICLE XIII. Every state shall abide by the determinations of the United States, in congress assembled, on all questions which by this confederation are submitted to them. And the articles of this confederation shall be inviolably observed by every state, and the Union shall be perpetual. Nor shall any alteration at any time hereafter be made in any of them, unless such alteration be agreed to in a congress of the United States, and be afterwards confirmed by the legislatures of every state.
INDEX TO ARTICLES OF CONFEDERATION.
ART. Citizens, privileges of ..
4 Post-offices, to be established and regulated throughCuin, congress to regulate value of...
out the United States by congress.. Cumzittee of the states, appointment..
9 Powers, not expressly delegated, retained.. powers, duties and term..
prohibitions of certain.. further powers of....
to the exercise of which, nine states must Congress, delegaiss to, how and when appointed..... 5
assent..... delegates may be recalled.
5 Records, Acts, etc., of each state to receive full faith representation in....
and credit in every other state.......... term of office of delegates...
6 States, powers retained by... delegates to not to hold office under the
records, acts, etc., to receive full faith and l'oited States...
credit in other states.... maintenance of delegates..
prohibitions on the powers of.. Foting.
disputes between, how determined... freedom of debate.
committee of the, how appointed, duties members protected from arrest, etc..... 5
and term of office.... powers of..
powers which require assent of nine states... questions, how determined..
to abide by the determination of congress... 13 adjournment...
9 Style of the Confederation...... journal to be published..
9 Tares, how assessed... yeas and nays, when to be entered on jour- Union, nature and objects of... nal
Canada may be admitted into.
11 states to abide by the determinations of..... 13
no other colony to be admitted into, unless Criminal, extradition of....
11 Delts, previously contracted, assumed..
13 Extradition, of criminals.
4 War, expenses of, how defrayed..... Officers, how appointed...,
7 Weights and Measures, standards of, to be fixed same........
throughout the United States by congress 9
CONSTITUTION OF THE UNITED STATES.
PREAMBLE. We, the people of the United States, in order to form a more perfect union, establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this constitution for the United States of America.
OF THE LEGISLATIVE POWER. Section 1. All legislative powers herein granted shall be vested in a congress of the United States, which shall consist of a senate and house of representatives.
OF THE HOUSE OF REPRESENTATIVES. SEC. 2. The louse of representatives shall be composed of members chosen every second year by the people of the several states, and the electors in each state shall have the qualifications requisite for electors of the most numerous branch of the state legislature.
No person shall be a representative who shall not have attained to the age of twenty-five years, and been seven years a citizen of the United States, and who shall not, when elected, be an inhabitant of that state in which he shall be chosen.
Representatives and direct taxes shall be apportioned among the several states which may be included within this Union, according to their respective numbers, which shall be determined by adding to the whole number of free persons, including those bound to service for a term of years, and excluding Indians not taxed, three-fifths of all other persons. The actual enumeration shall be made within three years after the first meeting of the congress of the United States, and within every subsequent term of ten years, in such manner as they shall by law direct. The number of representatives shall not exceed one for every thirty thousand, but each state shall have at least one representative; and, until such enumeration shall be made, the state of New Hampshire shall be entitled to choose three, Massachusetts eight, Rhode Island and Providence Plantations one, Connecticut five, New York six, New Jersey four, Pennsylvania eight, Delaware one, Maryland six, Virginia ten, North Carolina five, South Carolina five and Georgia three.
When vacancies happen in the representation from any state, the executive authority thereof shall issue writs of election to fill such vacancies.
The house of representatives shall choose their speaker and other officers; and shall have the sole power of impeachment.
OF THE SENATE. Sec. 3. The Senate of the United States shall be composed of two senators from each state, chosen by the legislature thereof, for six years, and each senator shall have one vote.
Immediately after they shall be assembled in consequence of the first election, they shall be divided as equally as may be into three classes. The seats of the senators of the first class shall be vacated at the expiration of the second year, of the second class at the expiration of the fourth year, and of the third class at the expiration of the sixth year, so that one-third may be chosen every second year; and if vacancies happen, by resignation or otherwise, during the recess of the legislature of any state, the executive thereof may make temporary appointments until the next meeting of the legislature, which shall then fill such vacancies.
No person shall be a senator who shall not have attained to the age of thirty years, and been nine years a citizen of the United States, and who shall not, when elected, be an inhabitant of that state for which he shall be chosen.
The vice-president of the United States shall be president of the senate, but shall have no vote, unless they be equally divided.
The senate shall choose their other officers, and have a president pro tempore, in the absence of the vice-president, or when he shall exercise the office of president of the United States.
The senate shall have the sole power to try all impeachments: when sitting for that purpose, they shall be on oath or affirmation. When the president of the United States is tried, the chief justice shall preside: And no person shall be convicted without the concurrence of two-thirds of the members present.
Judgment in cases of impeachment shall not extend further than to removal from office and disqualitication to hold and enjoy any office of honor, trust or profit under the United States; but the party convicted shall nevertheless be liable and subject to indictment, trial, judgment and punishment, according to law.
MANNER OF ELECTING MEMBERS. SEC. 4. The times, places and manner of holding elections for senators and representatives shall be prescribed in each state by the legislature thereof; but the congress may at any time, by law, make or alter such regulations, except as to the places of chosing senators.
CONGRESS TO ASSEMBLE ANNUALLY.
The congress shall assemble at least once in every year, and such meeting shall be on the first Monday in December, unless they shall by law appoint a different day.
SEC. 5. Each house shall be the judge of the elections, returns and qualifications of its own members, and a majority of each shall constitute a quorum to do business; but a smaller number may adjourn from day to day, and may be authorized to compel the attendance of absent members, in such manner, and under such penalties as each house may provide.
Each house mas determine the rules of its proceedings, punish its members for disorderly behavior, and, with the concurrence of two-thirds, expel a member.
Each house shall keep a journal of its proceedings, and from time to time publish the same, exceptiog such parts as may, in their judgment, require secrecy; and the yeas and nays of the members of either house, on any question, shall, at the desire of one-tifth of those present, be entered on the journal.
Neither bouse, during the session of congress, shall, without the consent of the other, adjourn for more than three days, nor to any other place than that in which the two houses shall be sitting
COMPENSATION, ETC., OF MEMBERS. Sec. 6. The senators and representatives shall receive a compensation for their services, to be ascertained by law, and paid out of the treasury of the United States. They shall, in all cases except treason, felony and breach of the peace, be privileged from arrest during their attendance at the session of their respective houses, and in going to and returning from the same; and for any speech or debate, in either house, they shall not be questioned in any other place.
No senator or representative shall, during the time for which he was elected, be appointed to ang civil office under the authority of the United States, which shall have been created, or the emoluments whereof shall have been increased during such time; and no person holding any office under the United States shall be a member of either house during his continuance in office,
MANNER OF PASSING BILLS, ETC. Sec. 7. All bills for raising revenue shall originate in the house of representatives, but the senate may propose or concur with amendments as on other bills.
Every bill wbich shall have passed the house of representatives and the senate, shall, before it become a law, be presented to the president of the United States; if he approve he shall sign it, but if not he shall return it, with his objections, to that house in which it shall have originated, who shall enter the objections at large on their journal, and proceed to reconsider it. If, after such reconsideration, two-thirds of that house shall agree to pass the bill, it shall be sent, together with the objections, to the other house, by which it shall likewise be reconsidered, and if approved by two-thirds of that house, it shall become a law. But in all such cases the votes of both houses shall be determined by yeas and nays, and the names of the persons voting for and against the bill shall be entered on the journal of each house respectively. If any bill sball not be returned by the president within ten days (Sundays excepted) after it shall have been presented to him, the same shall be a law, in like manner as it he had signed it, unless the congress, by their adjournment, prevent its return, in which case it shall not be a law.
Every order, resolution or vote, to which the concurrence of the senate and house of representatives may be necessary (except on a question of adjournment) shall be presented to the president of the United States; and, before the same shall take effect, shall be approved by him, or, being disapproved by him, shall be re-passed by two-thirds of the senate and house of representatives, according to the rules and limitations prescribed in the case of a bill.
POWER OF CONGRESS. Sec. 8. The congress shall have power to lay and collect taxes, duties, imposts and excises, to pay the debts and provide for the common defense and general welfare of the United States; but all duties, imposts and excises shall be uniform throughout the United States ;
To borrow money on the credit of the United States ;