ten, North Carolina five, South Caro-citizen of the United States, and who lina five, and Georgia three.1 shall not, when elected, be an inhab tant of that State for which he shall be chosen. The Vice-President of the United When vacancies happen in the representation from any State, the Executive authority thereof shall issue writs of election to fill such vacan-States shall be President of the cies.2 Senate, but shall have no vote, unless they be equally divided. The House of Representatives shall choose their Speaker and other officers; and shall have the sole power of impeachment. The Senate shall choose their other officers, and also a President pro tempore, in the absence of the VicePresident, or when he shall exercise the office of President of the United States. 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; The Senate shall have the sole and each Senator shall have one vote.3 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.* No person shall be a Senator who shall not have attained to the age of thirty years, and been nine years a 1 This section violated in this: that the direct tax on cotton was levied without reference to any such apportionment, and while ten States, whose product of cotton in 1866 and 1867 was taxed, were denied their Constitutional representation in Congress, by the Radical majority in each branch of the same. In this: that no enumeration was had in the cotton-producing States in 1860, the end of the term of ten years, nor since; and yet a direct tax on cotton was levied in the absence of the same. In this: that this clause especially provides for a representation in the United States House of Representatives from Virginia, North Carolina, South Carolina and Georgia, and yet a representation from those States in said house is arbitrarily excluded by the Radical majority in said House. SEC. 4. The times, places and manner of holding elections for Senators and Representatives, shall be prescribed in each State by the Legisla 2 This section violated in this: that vacancies existed in the representation of ten States; the elections to fill which were held under writs issued by the Executives thereof, but the Representatives chosen were denied admission by the Radical majority in Congress. 3 This section violated in this: that Senators from ten States are denied their rightful seats in the Senate by the Radical majority in that body, and laws are passed in the absence of those Senators violently excluded therefrom. This section violated in this: that its rule of classification is defeated by the exclusion entirely from the Senate, by the Radical majority therein, of the Senators from ten States, preventing the choice of one-third of the Senators every two years. ture thereof; but the Congress may at any time, by law, make or alter such regulations, except as to the places of choosing Senators. tion 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, 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 No Senator or Representative shall, 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 a 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 provide.1 Each House may determine the rule of its proceedings, punish its members for disorderly behavior, and, with the concurrence of two-thirds, expel a member.2 Each House shall keep a journal of its proceedings, and from time to time publish the same, excepting such parts as may in their judgment require secresy; and the yeas and nays of the members of either House, on any question, shall, at the desire of one-fifth of those present, be entered on the journal. Neither House 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. SEC. 6. The Senators and Representatives shall receive a compensa 1 This section violated in this: that the Senators and Representatives from ten States are excluded from each House by the Radical majority therein, and a majority of the number chosen without counting them, assume to act as a quorum instead of a majority of the entire number of the Senators and Representatives from all the States. 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. 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 which 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 lent pretenses of contest or illegality of election, by a mere majority vote of said Houses; these pretenses being manufactured to avoid the necessity of a two-third vote under this section, not always so certain of attainment. See case of Mr. Stockton, Senator from New Jersey; Gen. Morgan, Representative from Ohio; and Messrs. Brown and Young, Representatives from Kentucky. The two latter gentlemen were never admitted. Their exclusion was a negative violation of this clause how 2 This section violated in this: that members of both Houses are driven from or excluded from admission into the same, upon the fraudu-ever. To coin money, regulate the value To establish post-offices and post roads; other House, by which it shall like-I 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 against the bill shall be entered on the journal of each House respectively. If any bill shall not be returned by the President within ten day (Sundays excepted) after it shall have been presented to him, the same shall be a law in like manner as if 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. 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;1 To borrow money on the credit of the United States; To regulate commerce with foreign nations, and among the several States, and with the Indian tribes; To establish an uniform rule of naturalization, and uniform laws on the subject of bankruptcies, throughout the United States; This section violated inasmuch as cotton, a product of but a section of the United States, was taxed in 1866 and 1867, which consequently could not have been uniform throughout the United States. To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries; To constitute tribunals inferior to the Supreme Court; To define and punish piracies and felonies committed on the high seas, and offenses against the law of nations; To declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water; To raise and support armies; but no appropriation of money to that use shall be for a longer term than two years; To provide and maintain a navy: To make rules for the government and regulation of the land and naval forces; To provide for calling forth the militia to execute the laws of the Union, suppress insurrections and repel invasions; To provide for organizing, arming, and disciplining the militia, and for governing such part of them as may be employed in the service of the United States, reserving to the states respectively the appointment of the officers and the authority of training the militia according to the discipline prescribed by Congress; To exercise exclusive legislation, in all cases whatsoever, over such district (not exceeding ten miles square), as may, by cession of particular States and the acceptance of Congress, become the seat of the Government of the United States, and to exercise like authority over all places 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, magazines, arsenals, dock-yards, and other needful buildings; and To make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the government of the United States, or in any Department or officer thereof. SEC. 9. The migration or importation of such persons as any of the States now existing shall think proper to admit, shall not be prohibited by the Congress prior to the year one thousand eight hundred and eight, but a tax or duty may be imposed on such importation, not exceeding ten dollars for each person. The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it.' No bill of attainder or ex post facto law shall be passed.2 No capitation, or other direct, tax shall be laid, unless in proportion to the census or enumeration hereinbefore directed to be taken.3 No tax or duty shall be laid on articles exported from any state.* No preference shall be given by any regulation of commerce or revenue to the ports of one State over those of another: nor shall vessels bound to, or from, one State, be obliged No money shall be drawn from the Treasury, but in consequence of appropriations made by law; and a regular statement and account of the receipts and expenditures of all public money shall be published from time to time. No title of nobility shall be granted by the United States: and no person holding any office of profit or trust under them, shall, without the consent of the Congress, accept of any present, emolument, office, or title, of any kind whatever, from any king, prince, or foreign State. SEC. 10. No State shall enter into any treaty, alliance, or conféderation; grant letters of marque and reprisal ; coin money, emit bills of credit, make anything but gold and silver coin a tender in the payment of debts, pass any bill of attainder, ex post facto law, or law impairing the obligation of contracts, or grant any title of nobility. No State shall, without the consent of the Congress, lay any imposts, or duties on imports or exports, except what may be absolutely necessary for executing its inspection laws: and the net produce of all duties and imposts, laid by any State on imports or exports, shall be for the use of the Treasury of the United States; and all such laws shall be subject to the revision and control of Congress. preme Court, in the McArdle case, when a decision, it was believed, was about to be made declaring the reconstruction acts unconstitutional. 3 This clause also violated by Cotton Tax. 4 This clause also violated by Cotton Tax. 1 This section violated inasmuch as the writ of habeas corpus is arbitrarily suspended by the Military Commanders of ten States in this Union, acting under the authority of the Radical Congress, and by Gen. G. H. Thomas, Military Commander of Tennessee and Kentucky, who asserts the right to seize a citizen of Tennessee at his home, drag him to Kentucky, 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 Confined 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 too numerous to mention. 2 This section most flagrantly violated by the act wresting jurisdiction from the Su ister to China, the place of Chief of the Chinese Embassy to the reigning powers of the world, and was received by the Radical Congress, whose consent he contemned, with the highest honors. 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, 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, be elected as follows: ARTICLE II. Each State shall appoint, in such manner as the legislature thereof may direct, a number of electors, equal to the whole number of Senators and Representatives to which the State may be entitled in the Congress; but no Senator or Representative, or person holding an office of trust or profit main two or more who have equal votes, the Senate shall choose from them by ballot the Vice-President.1] The Congress may determine the time of choosing the electors, and the day on which they shall give their votes; which day shall be the same throughout the United States. No person except a natural born citizen, or a citizen of the United States at the time of the adoption of under the United States, shall be apthis Constitution, shall be eligible to pointed an elector. [The electors shall meet in their respective States, and vote by ballot for two persons, of whom one, at least, shall not be an inhabitant of the same State with themselves. And they shall make a list of all the persons voted for, and of the numbers of votes for each; which list they shall sign and certify, and transmit sealed to the seat of the Government of the United States, directed to the President of the Senate. The President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates, and the votes shall then be counted. The person having the greatest number of votes shall be the President, if such number be a majority of the whole number of electors appointed; and if there be more than one who have such majority, and have an equal number of votes, then the House of Representatives shall immediately choose by ballot one of the office of President; neither shall any person be eligible to that office who shall not have attained to the age of thirty-five years, and been fourteen years a resident within the United States. In case of the removal of the President from office, or of his death, resignation, or inability to discharge the powers and duties of the said office, the same shall devolve on the Vice-President, and the Congress may by law provide for the case of removal, death, resignation, or inability, both of the President and VicePresident, declaring what officer shall then act as President, and such officer shall act accordingly, until the disability be removed, or a President shall be elected. The President shall, at stated times, receive for his services a compensa 1 This clause of the Constitution has been annulled. See 12th Article of the amendment. |
