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ten, North Carolina five, South Caro- citizen of the United States, and who lina five, and Georgia three. shall not, when elected, be an inhab

When vacancies happen in the tant of that State for which he shall representation from any State, the Ex- be chosen. ecutive authority thereof shall issue The Vice-President of the United writs of election to fill such vacan- States shall be President of the cies.2

Senate, but shall have no vote, unless The House of Representatives shall they be equally divided. choose their Speaker and other offi- The Senate shall choose their other cers; and shall have the sole power of officers, and also a President pro impeachment.

tempore, in the absence of the ViceSec. 3. The Senate of the United President, or when he shall exercise States shall be composed of two the office of President of the United Senators from each State, chosen by States. the Legislature thereof, for six years ; The Senate shall have the sole and each Senator shall have one vote. power to try all impeachments. When

Immediately after they shall be sitting for that purpose, they shall be assembled in consequence of the first on oath or affirmation. When the election, they shall be divided as President of the United States is tried, equally as may be into three classes. the Chief Justice shall preside: And The seats of the Senators of the first- no person shall be convicted without class shall be vacated at the expiration the concurrence of two-thirds of the of the second year, of the second class members present. at the expiration of the fourth year, Judgement in cases of impeachand of the third class at the expiration ment shall not extend further than to of the sixth year; so that one-third removal from office, and disqualificamay be chosen every second year; and tion to hold and enjoy any office of if vacancies happen by resignation, or honor, trust, or profit, under the otherwise, during the recess of the United States; but the party conLegislature of any State, the Execu- victed shall nevertheless be liable tive thereof may make temporary and subject to indictment, trial, judgappointments until the next meeting ment and punishment according to of the Legislature, which shall then law. fill such vacancies."

Sec. 4. The times, places and No person shall be a Senator who manner of holding elections for Senashall not have attained to the age of tors and Representatives, shall be prethirty years, and been nine years a scribed in each State by the Legisla


1 This section violated in this: that the direct 2 This section violated in this: that vacancies
tax on cotton was levied without reference to existed in the representation of ten States;
any such apportionment, and while ten States, the elections to fill which were held under
whose product of cotton in 1866 and 1867 was writs issued by the Executives thereof, but the
taxed, were denied their Constitutional repre- Representatives chosen were denied admission
sentation in Congress, by the Radical majority by the Radical majority in Congress.
in each branch of the same. In this: that no
enumeration was had in the cotton-producing 3 This section violated in this: that Senators
States in 1860, the end of the term of ten years, from ten States are denied their rightful seats
nor since'; and yet a direct tax on cotton was in the Senate by the Radical majority in that
levied in the absence of the same. In this: body, and laws are passed in the absence of
that this clause especially provides for a repre- those Senators violently excluded therefrom.
sentation in the United States House of Repre-
sentatives from Virginia, North Carolina, South 4 This section violated in this: that its rule of
Carolina and Georgia, and yet a representa- classification is defeated by the exclusion en-
tion from those States in said house is arbitra- tirely from the Senate, by the Radical majority
rily excluded by the Radical majority in said therein, of the Senators from ten States, pre-

venting the choice of one-third of the Senators
every two years.


7 ture thereof; but the Congress may at|tion for their services, to be ascerany time, by law, make or alter such tained by law, and paid out of the regulations, except as to the places of Treasury of the United States. They choosing Senators.

shall in all cases except treason, The Congress shall assemble at felony, and breach of the peace, be least once in every year, and such privileged from arrest during their meeting shall be on the first Monday attendance at the session of their rein December, unless they shall by law spective Houses, and in going to and appoint a different day.

returning from the same; and for any SEC. 5. Each House shall be the speech or debate in either House, judge of the elections, returns and they shall not be questioned in any qualifications of its own members; other place. and a majority of each shall constitute No Senator or Representative shall, à quorum to do business; but a during the time for which he was smaller number may adjourn from day elected, be appointed to any civil to day, and may be authorized to office under the authority of the compel the attendance of absent United States, which shall have been members, in such manner and under created, or the emoluments whereof such penalties as each House may shall have been increased, during provide.

such time ; and no person holding any Each House may determine the office under the United States "shall rule of its proceedings, punish its be a member of either House during members for disorderly behavior, and, his continuance in office. with the concurrence of two-thirds, Sec. 7. All bills for raising revenue expel a member.

shall originate in the House of Each House shall keep a journal Representatives; but the Senate may of its proceedings, and from time to propose or concur with amendments, time publish the same, excepting such as on other bills. parts as may in their judgment re- Every bill which shall have passed quire secresy; and the yeas and nays the House of Representatives and the of the members of either House, on Senate, shall, before it become a law, any question, shall, at the desire of be presented to the President of the one-fifth of those present, be entered United States ; if he approve, he shall on the journal.

sign it; but if not, he shall return it, Neither House during the session with his objections, to that House in of Congress shall, without the consent which it shall have originated, who of the other, adjourn for more than shall enter the objections at large on three days, nor to any other place their journal, and proceed to reconthan that in which the two Houses sider it. If, after such reconsiderashall be sitting.

tion, two-thirds of that House shall SEC. 6. The Senators and Repre-agree to pass the bill, it shall be sent, sentatives shall receive a compensa- together with the objections, to the

1 This section violated in this: that the Sen-lent pretenses of contest or illegality of elecators and Representatives from ten States are tion, by a mere majority vote of said Houses; excluded from each House by the Radical ma- these pretenses being manufactured to avoid jority therein, and a majority of the number the necessity of a two-third vote under this chosea without counting them, assume to act as section, not always so certain of attainment. a quorum instead of a majority of the entire See case of Mr. Stockton, Senator from New number of the Senators and Representatives Jersey; Gen. Morgan, Representative from from all the States.

Ohio; and Messrs. Brown and Young, Represen

tatives from Kentucky. The two latter gentle2 This section violated in this: that members men were never admitted. Their exclusion of both Houses are driven from or excluded was a negative violation of this clause howfrom admission into the same, upon the fraudu- 'ever.




other House, by which it shall like- To coin money, regulate the value wise be reconsidered, and if approved thereof, and of foreign coin, and fix by two-thirds of that House, it shall the standard of weights and measures; become a law. But in all such cases To provide for the punishment of the votes of both Houses shall be counterfeiting the securities and curdetermined by yeas and nays, and the rent coin of the United States ; names of the persons voting for and To establish .post-offices and post against the bill shall be entered on roads ; the journal of each House respec- To promote the progress of science tively. If any bill shall not be re- and useful arts, by securing for limturned by the President within ten ited times to authors and inventors day (Sundays èxcepted) after it shall the exclusive right to their respective have been presented to him, the same writings and discoveries ; shall be a law in like manner as if he To constitute tribunals inferior to had signed it, unless the Congress by the Supreme Court; their adjournment prevent its return, To define and punish piracies and in which case it shall not be a law. felonies committed on the high seas,

Every order, resolution, or vote to and offenses against the law of nawhich the concurrence of the Senate tions ; and House of Representatives may To declare war, grant letters of be necessary (except on a question of marque and reprisal, and make rules adjournment), shall be presented to concerning captures on land and wathe President of the United States; ter ; and before the same shall take effect, To raise and support armies; but shall be approved by him, or being no appropriation of money to that disapproved by him, shall be re-passed use shall be for a longer term than by two-thirds of the Senate and House two years ; of Representatives, according to the To provide and maintain a navy: rules and limitations prescribed in the To make rules for the government case of a bill.

and regulation of the land and naval SEC. 8. The Congress shall have forces ; power

To provide for calling forth the To lay and collect taxes, duties, militia to execute the laws of the Unimposts, and excises, to pay the debts ion, suppress insurrections and repel and provide for the common defense invasions ; and general welfare of the United To provide for organizing, arming, States; but all duties, imposts, and and disciplining the militia, and for excises, shall be uniform throughout governing such part of them as may the United States ; 1

be employed in the service of the UniTo borrow money on the credit of ted States, reserving to the states the United States ;

respectively the appointment of the To regulate commerce with foreign Officers and the authority of training nations, and among the several States, the militia according to the discipline and with the Indian tribes;

prescribed by Congress; To establish an uniform rule of To exercise exclusive legislation, naturalization, and uniform laws on in all cases whatsoever, over such the subject of bankruptcies, through- district (not exceeding ten miles out the United States;

square), as may, by cession of partic1 This section violated inasmuch as cotton, ular States and the acceptance of a product of but section of the United States, Congress, become the seat of the Gov. was taxed in 1866 and 1867, which consequently ernment of the United States, and to could not have been uniform throughout the United States.

exercise like authority over all places

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purchased, by the consent of the legis-, to enter, clear, or pay'duties in anlature of the State in which the same other. shall be, for the erection of forts, No money shall be drawn from the magazines, arsenals, dock-yards, and Treasury, but in consequence of apother needful buildings; and. propriations made by law; and a

To make all laws which shall be regular statement and account of the necessary and proper for carrying receipts and expenditures of all pubinto execution the foregoing powers, lic money shall be published from and all other powers vested by this time to time. Constitution in the government of No title of nobility shall be granted the United States, or in any Depart- by the United States : and no person ment or officer thereof.

holding any office of profit or trust unSec. 9. The migration or importa- der them, shall, without the consent tion of such persons, as any of the of the Congress, accept of any presStates now existing shall think proper ent, emolument, office, or title, of any to admit, shall not be prohibited by kind whatever, from any king, prince, the Congress prior to the year one or foreign State. thousand eight hundred and eight, Sec. 10. No State shall enter into but a tax or duty may be imposed on any treaty, alliance, or confederation; such importation, not exceeding ten grant letters of marque and reprisal; dollars for each person.

coin money, emit bills of credit, make The privilege of the writ of habeas anything but gold and silver coin a corpus shall not be suspended, unless tender in the payment of debts, pass when in cases of rebellion or inva- any bill of attainder, ex post facto sion the public safety may require it." law, or law impairing the obligation

No bill of attainder or ex post facto of contracts, or grant any title of law shall be passed.?

nobility. No capitation, or other direct, tax No State shall, without the consent shall be laid, unless in proportion to of the Congress, lay any imposts, or the census or enumeration hereinbe- duties on imports or exports, except fore directed to be taken.3

what may be absolutely necessary No tax or duty shall be laid on for executing its inspection laws: articles exported from any state.*, and the net produce of all duties and

No preference shall be given by imposts, laid by any State on imports any regulation of commerce or reve- or exports, shall be for the use of nue to the ports of one State over the Treasury of the United States; those of another: nor shall vessels and all such laws shall be subject to bound to, or from, one State, be obliged the revision and control of Congress.

1 This section violated inasmuch as the writ preme Court, in the McArdle case, when a deof habeas corpus is arbitrarily suspended by the cision, it was believed, was about to be made Military Commanders of ten States in this declaring the reconstruction acts unconstituUnion, acting under the authority of the Rad- tional. ical Congress, and by Gen. G. H. Thomas, Military Commander of Tennessee and Ken- 3 This clause also violated by Cotton Tax. tucky, who asserts the right to seize a citizen of Tennessee at his home, drag him to Ken- 4 This clause also violated by Cotton Tax. tucky, and by a mere order confine 'him in a -military dungeon. Vide case of Mr. Milliken, 5 This clause violated by Mr. Anson Burof Tennessee; T. W. Roberts, and other citi- lingame, a High-priest of Radicalism, in this: zens of Eutaw, Greene county, Alabama; con- that he accepted, without the consent of Con. fined for a while in Tortugas; Col. W. H. Mc- gress, while holding the position of U. S. MinCardle, of the Vicksburg Times, and other cases ister to China, the place of Chief of the Chinese too numerous to mention.

Embassy to the reigning powers of the world,

and was received by the Radical Congress, 2 This section most flagrantly violated by whose consent he contemned, with the highest the act wresting jurisdiction from the Su-Thonors.


No state shall, without the consent them for President; and if no person of Congress, lay any duty of tonnage, have a majority, then from the five keep troops or ships of war in time highest on the list the said House of peace, enter into any agreement shall in like manner choose the Presor compact with another State, or with ident. But in choosing the President, a foreign power, or engage in war, the votes shall be taken by States, the unless actually invaded, or in such Reprerentation from each State havimminent danger as will not admit of ing one vote; a quorum for this purdelay.

pose shall consist of a member or

members from two-thirds of the States, ARTICLE II.

and a majority of all the States shall be Sec. 1. The Executive power shall necessary to a choice. In every case, be vested in a President of the United after the choice of the President, the States of America. He shall hold person having the greatest number of his office during the term of four votes of the electors shall be the Viceyears, and, together with the Vice-President. But if there should rePresident, chosen for the same term, main two or more who have equal be elected as follows:

votes, the Senate shall choose from Each State shall appoint, in such them by ballot the Vice-President. ] manner as the legislature thereof may The Congress may determine the direct, a number of electors, equal to time of choosing the electors, and the the whole number of Senators and day on which they shall give their Representatives to which the State votes; which day shall be the same may be entitled in the Congress; but throughout the United States. no Senator or Representative, or per- No person except a natural born son holding an office of trust or profit citizen, or a citizen of the United

States at the time of the adoption of pointed an elector.

»this Constitution, shall be eligible to [The electors shall meet in their the office of President; neither shall respective States, and vote by ballot any person be eligible to that office for two persons, of whom one, at least, who shall not have

attained to the age shall not be an inhabitant of the same of thirty-five years, and been fourteen State with themselves. And they shall years à resident within the United make a list of all the persons voted for, States. and of the numbers of votes for each ; In case of the removal of the which list they shall sign and certify, President from office, or of his death, and transmit sealed to the seat of resignation, or inability to discharge the Government of the United States, the powers and duties of the said directed to the President of the Sen- office, the same shall devolve on the ate. The President of the Senate Vice-President, and the Congress shall, in the presence of the Senate may by law provide for the case of and House of Representatives, open removal, death, resignation, or inabilall the certificates, and the votes shall ity, both of the President and Vicethen be counted. The person having President, declaring what officer shall the greatest number of votes shall be then act as President, and such officer the President, if such number be a shall act accordingly, until the disamajority of the whole number of elec- bility be removed, or a President shall tors appointed; and if there be more be elected. than one who have such majority, and The President shall, at stated times, have an equal number of votes, then receive for his services a compensathe House of Representatives shall

i This clause of the Constitution has been immediately choose by ballot one of lannulled. See 12th Article of the amendment.

under the United States, shall be ble


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