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tion, which shall neither be increased lished by law. But the Congress may nor diminished during the period for by law vest the appointment of such which he shall have been elected, and inferior officers as they think proper he shall not receive within that period in the President alone, in the courts of any other emolument from the United law, or in the heads of departments. States, or any of them. The President shall have power to Before he enter on the execution fill up all vacancies that may happen of his office, he shall take the follow-during the recess of the Senate, by ing oath or affirmation: granting commissions, which shall ex"I do solemnly swear (or affirm) pire at the end of their next session.? that I will faithfully execute the office SEC. 3. He shall, from time to time, of President of the United States, give to the Congress information of the and will, to the best of my ability, state of the Union, and recommend to preserve, protect, and defend the Con- their consideration such measures as he stitution of the United States." shall judge necessary and expedient; SEC. 2. The President shall be com- he may, on extraordinary occasions, mander-in-chief of the army and navy convene both Houses, or either of of the United States and of the militia them; and in case of disagreement of the several States, when called into between them, with respect to the time the actual service of the United of adjournment, he may adjourn them States; he may require the opinion to such time as he shall think proper; in writing of the principal officer in he shall receive ambassadors and each of the executive departments other public ministers; he shall take upon any subject relating to the duties care that the laws be faithfully exeof their respective offices; and he cuted; and shall commission all the shall have power to grant reprieves officers of the United States. and pardons for offenses against the United States, except in cases of impeachment.1

SEC. 4. The President, Vice-President, and all civil officers of the United States, shall be removed from office

He shall have power, by and with on impeachment for and conviction of the advice and consent of the Senate, treason, bribery, or other high crimes to make treaties, provided two-thirds and misdemeanors,

ARTICLE III.

SEC. 1. The judicial power of the United States shall be vested in one

of the Senators present concur; and he shall nominate, and by and with the advice and consent of the Senate, shall appoint ambassadors, other public ministers and consuls, judges of the Supreme Court, and in such inferior Supreme Court, and all other officers courts as the Congress may from time to of the United States, whose appoint- time ordain and establish. The judges, ments are not herein otherwise pro- both of the Supreme and inferior vided for, and which shall be estab-courts, shall hold their offices during good behavior, and shall, at stated This clause held in contempt by the Rad- times, receive for their services a comical majority in the House of Representatives, in passing a Supplementary Reconstruction pensation, which shall not be diminBill during the present session, seizing the right ished during their continuance in ofof assignment from the President in order to fice. enable Gen. Grant to appoint supple Radical tools in command of the departments embracing the ten unrepresented States. Bill not acted on in Senate. Violated by section 2 of the Act 2 This clause violated by the Tenure of Ofof March 2, 1867, requiring the President to fice Bill, and the President impeached by the send all orders to the army through Gen. Grant, Radical House of Representatives for exercising and forbidding army officers from obeying his his authority under the same; thirty-seven Radorders otherwise sent; also, fixing army head-ical Senators voting to convict him therefor quarters at Washington. and remove him from office.

SEC. 2. The judicial power shall

extend to all cases in law and equity SEC. 3. Treason against the United arising under this Constitution, the States shall consist only in levying war laws of the United States, and treat- against them, or in adhering to their ies made, or which shall be made, enemies, giving them aid and comfort. under their authority; to all cases No person shall be convicted of affecting ambassadors, other public treason, unless on the testimony of ministers, and consuls; to all cases two witnesses to the same overt act, of admiralty and maritime jurisdic- or on confession in open court. tion; to controversies to which the The Congress shall have power to United States shall be a party; to declare the punishment of treason; but controversies between two or more no attainder of treason shall work States; between a State and citizens corruption of blood or forfeiture, exof another State; between citizens of cept during the life of the person atdifferent States; between citizens of tainted. the same State claiming lands under grants of different States; and be- SEC. 1. Full faith and credit shall tween a State, or the citizens thereof, be given in each State to the public and foreign States, citizens, or sub-acts, records, and judicial proceedings jects.1 of every other State. The Congress

ARTICLE IV.

In all cases affecting ambassadors, may, by general laws, prescribe the other public ministers, and consuls, manner in which such acts, records, and those in which a State shall be and proceedings shall be proved, and party, the Supreme Court shall have the effect thereof.3

original jurisdiction. In all the other SEC. 2. The citizens of each State cases before mentioned, the Supreme shall be entitled to all privileges and Court shall have appellate jurisdic-immunities of citizens in the several tion, both as to law and fact, with such States.* exceptions, and under such regulations as the Congress shall make.

A person charged in any State with treason, felony, or other crime, who The trial of all crimes, except in shall flee from justice, and be found. cases of impeachment, shall be by in another State, shall, on demand of jury, and such trial shall be held in the executive authority of the State the State where the said crimes shall from which he fled, be delivered up, have been committed; but when not to be removed to the State having committed within any State, the trial jurisdiction of the crime.5 shall be at such place or places as Congress may by law have directed.

1 This clause attempted to be violated by the Radical majority in the House of Representatives, in passing a bill forbidding the Supreme Court to take.cognizance of cases arising under the reconstruction legislation of Congress. Since violated by Congress snatching jurisdiction from the Supreme Court in the McArdle

case.

2 This clause violated by the manifold Military Commissions, which have sat on the liberties of citizens, and executed them without law or jury, and by the several Military commanders in the unrepresented States.

No person held to service or labor in one State, under the laws thereof,

same, and interrupts the cognizance upon the part of the States of the public acts, records and judicial proceedings of each other.

This clause violated by the recent act of Congress admitting Arkansas to representation, and the recent Omnibus act, admitting certain other States to representation which ratify the constitutions of the bogus organization of said States, which require certain oaths to be taken as a necessary prerequisite to the enjoyment of certain privileges and immunities in those States; and in other modes to be seen 3 This section violated by the arbitrary abne- by an examination of the same: an incapacity gation of the legitimate State authorities of to take the oath working this unconstitutional the South by the reconstruction legislation of Congress, which sets over them military rulers who set aside at their own caprice the public acts, records, and judicial proceedings of the

proscription.

5 This clause violated by the Radical State authorities of New York, who went into Louisi

escaping into another, shall, in conse- | vention for proposing amendments, quence of any law or regulation which, in either case, shall be valid to therein, be discharged from such ser- all intents and purposes, as part of vice or labor, but shall be delivered this Constitution, when ratified by the up on claim of the party to whom Legislatures of three-fourths of the such service or labor may be due. several States, or by conventions in three-fourths thereof, as the one or the other mode of ratification may be proposed by the Congress; provided that no amendment which may be made prior to the year one thousand eight hundred and eight shall in any manner affect the first and fourth clauses in the ninth section of the first Article; and that no State, without its consent, shall be deprived of its equal suffrage in the Senate.

SEC. 3. New States may be admitted by the Congress into this Union; but no new State shall be formed or erected within the jurisdiction of any other State; nor any State be formed by the junction of two or more States, or parts of States, without the consent of the Legislatures of the States concerned as well as of the Congress.

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The Congress shall have power to dispose of and make all needful rules and regulations respecting the territory or other property belonging to the United States, and nothing in this Constitution shall be so construed as to prejudice any claims of the United States, or of any particular State.

SEC. 4. The United States shall guarantee to every State in this Union a republican form of government, and shall protect each of them against invasion; and on application of the Legislature, or of the Executive (when the Legislature can not be convened), against domestic violence.2

ARTICLE V.

The Congress, whenever two-thirds of both Houses shall deem it necessary, shall propose amendments to this Constitution; or, on the application of the Legislatures of two-thirds of the several States, shall call a con

ana and seized a prisoner without a demand upon the Governor thereof, and spirited him away to New York in contempt of a writ of habeas corpus and in defiance of the military interposition of Gen. Hancock. Violated also by the Radical Governor of Tennessee, who declines to respect any demand upon him from the Governor of any other State, when the criminal is what he calls a loyal citizen.

1 This section violated by the division of the Commonwealth of Virginia, by the Radical party in Congress, with the approval of President Lincoln, cutting off from the same the State of West Virginia, without the consent of Virginia

ARTICLE VI.

All debts contracted and engagements entered into, before the adoption of this Constitution, shall be as valid against the United States under this Constitution, as under the Confederation.

This Constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the Judges in every State shall be bound thereby, anything in the Constitution or laws of any State to the contrary notwithstanding.3

The Senators and Representatives before mentioned, and the members of the several State Legislatures, and all executive and judicial officers, both

2 This clause is violated in this, that the Radical Congress does not guarantee to Tennessee a Republican form of government, but permits it to be dominated over by a licentious and tyrannical oligarchy, and that it imposed upon ten States of the South a military despotism.

3 This clause is violated by the Radical Congress, which openly and unblushingly legislates without reference to the existence of the Constitution, and in violation of its letter and spirit. It is no longer mentioned by them in argument or regarded in action. It is not named either in the platform at Chicago or in the letter of acceptance either of Grant or Colfax.

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of the United States and of the seve- ART. 4. The right of the people to ral States, shall be bound by oath or be secure in their persons, houses, affirmation, to support this Constitu- papers, and effects, against unreasontion; but no religious test shall ever able searches and seizures, shall not be required as a qualification to any be violated; and no warrants shall office or public trust under the United issue but upon probable cause, supStates.1 ported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

ARTICLE VII.

The ratification of the conventions of nine States, shall be sufficient for the establishment of this Constitution

between the States so ratifying the

same.

Amendments.

ART. 1. Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech or of the press, or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.2

ART. 2. A well regulated militia being necessary to the security of a free State, the right of the people to keep and bear arms shall not be infringed.

ART. 3. No soldier shall in time of peace be quartered in any house without the consent of the owner; nor in time of war, but in a manner to be prescribed by law.*

1 This clause violated in this: that Congress adds to the oath prescribed in it, certain tests, embraced in what is called the iron-clad oath, and requires parties eligible to the offices named, and who are able to take the oath prescribed in the Constitution, to subscribe to the extra constitutional oath, thus excluding them from those offices by such indirect means, when incompetent or indisposed to take it.

2 This article is violated with impunity in ten States of the South. Witness the destruction in August, 1867, of the Constitutional Eagle, a Democratic paper, published at Camden, Ark., by a band of U. S. soldiers in command of an officer of the armies of the U. S., for strictures on the indecent exposure of their persons in the town by the soldiers aforesaid; the suppression by Gen. Grant, in 1866, of the Richmond Enquirer; the threat of Brig.-Gen. Shepherd, commanding at Mobile, to the Editors of the Mobile Register and Advertiser; the arrest and imprisonment of Col. W. H. McArdle, Editor of the Vicksburg Times; the arrest and imprisonment of the Editors of the Memphis Avalanche by a Radical Judge; the arrest of the

ART. 5. No person shall be held to answer for a capital or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia when in actual service in time of war, or public danger; nor shall any person be subject for the same offense, to be put twice in jeopardy of life or limb; nor shall be compelled, in any criminal case, to be witness against himself; nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use without just compensation.6

ART. 6. In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have

Editors of the Ledger, by the same; and other cases too numerous to mention..

3 This article not regarded in the ten States of the South, the militia in the same being disbanded, and the right to bear arms being taken away or given at the discretion of their military rulers.

This article, the violation of which no officer of the army of the U. S. will deny, because the houses of citizens, for quarters of officers of all grades from General down, and for troops, were occupied to a great extent in the South, for a long time since the war, against the consent of, and in many instances without compensation to, the owners, and are to a much less extent so occupied now.

5 This article, now the subject of violation daily in all of the Military Districts of the South, more particularly in the command of Gen. Meade and that of the sub-commander of the State of Arkansas.

6 The next note applies as well to this article.

been committed, which district shall ballot for President and Vice-Presi have been previously ascertained by dent, one of whom, at least, shall not law, and to be informed of the nature be an inhabitant of the same State and cause of the accusation; to be with themselves; they shall name in confronted with the witnesses against their ballots the person voted for as him; to have compulsory process for President, and in distinct ballots the obtaining witnesses in his favor; and person voted for as Vice-President; to have the assistance of counsel for and they shall make distinct lists of his defense.1 all persons voted for as President, and ART. 7. In suits at common law, of all persons voted for as Vice-Presiwhere the value in controversy shall dent, and of the number of votes for exceed twenty dollars, the right of each, which lists they shall sign and trial by jury shall be preserved; and certify, and transmit sealed to the no fact tried by jury shall be other-seat of government of the United wise re-examined in any court of the States, directed to the President of United States than according to the the Senate: the President of the Senrules of the common law.2

ART. 8. Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.3.

ART. 9. The enumeration in the Constitution of certain rights, shall not be construed to deny or disparage others retained by the people.*

ART. 10. The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."

ART. 11. The judicial power of the United States shall not be construed to extend to any suit in law or equity commenced or prosecuted against one of the United States by citizens of another State, or by citizens or subjects of another State, or by citizens or subjects of any foreign State.

ART. 12. The electors shall meet in their respective States, and vote by

This article, not regarded in the District of North and South Carolina, commanded by Gen. Canby; nor in that of Georgia, Florida and Alabama, commanded by Gen. Meade; nor in that of Mississippi and Arkansas, lately put in command of Gen. McDowell.

2 This article, in the ten States of the South, and in Kentucky and Tennessee, in any case where a negro or a white loyalist (as a carpetbagger is officially designated), is the plaintiff, and a white man is defendant, is set aside, and the authority of an officer of the Freedman's Bureau is supreme. The same where their positions are reversed.

ate shall, in the presence of the Sen ate and House of Representatives, open all the certificates, and the votes shall then be counted; the person having the greatest number of votes for President shall be the President, if such number be a majority of the whole number of electors appointed; and if no person have such a majority, then from the persons having the highest numbers, not exceeding three, on the list of those voted for as President, the House of Representatives shall choose immediately by ballot the President. But in choosing the President, the votes shall be taken by States, the representation from each State having one vote; a quorum for this purpose shall consist of a member or members from two-thirds of the States, and a majority of all the States shall be necessary to a choice. And if the House of Representatives shall not choose a President whenever the

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