Page images

navy of the United States, and of the militia of the several States, when called into the actual service of the United States; he may require the opinion, in writing, of the principal officer in each of the executive departments, upon any subject relating to the duties of their respective offices, and he shall have power to grant reprieves and pardons for of fences against the United States, except in cases of impeachment.

4. The President, Vice President, and all civil officers of the United States, shall be removed from office on impeachment for, and conviction of, treason, bribery, or other high crimes and misdemeanors. ART. III. 1. The judicial power of the United States shall be vested in one Supreme Court, and in such inferior courts as the Congress may, from time to time, ordain and establish. The judges, both of the Supreme and inferior courts, shall hold their offices during good behaviour; and shall, at stated times, receive for their services, a compensation, which shall not be diminished during their continuance in office. (c) 2. The judicial power shall extend to all cases, in law and equity, arising under this Constitution, the laws of the United States, and treaties made, or which shall be made, under their authority; to all cases affecting ambassadors, other public ministers, and consuls; to all cases of admiralty and maritime jurisdiction; to controversies to which the

Powers and duties of the President.

May grant reprieves and pardons. May make

with the

treaties, by and and consent of the Senate. Appointments to office.

He shall have power, by and with the advice and consent of the Senate, to make treaties, provided two thirds of the Senators present concur; (a) 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 all other officers of the United States, whose appointments are not herein otherwise provided for, and which shall be established by law. But the Congress may by law vest the appointment of such inferior officers, as they think proper, in the President alone, in the courts of law, or in the heads of departments.(b)


The President shall have power to fill up all vacancies that may happen during the recess of the Senate, by granting commissions which during the reshall expire at the end of their next session.

cess of the Senate.

Give Congress information of the State of the


§ 3. He shall, from time to time, give to the Congress information of the state of the Union, and recommend to their consideration such measures as he shall judge necessary and expedient. He may on extraordinary occasions, convene both Houses, or either of them; and in case of disagreement between them, with respect to the time of adjournment, he may adjourn them to such time as he shall think proper. He shall receive ambassadors and other public ministers. He shall take care that the laws be faithfully executed; and shall commission all the officers of the United States.

Convene Con

gress on extra-
ordinary occa-
sions. When
he may adjourn
Other powers
and duties.

from office by
and conviction
of crimes.


Judicial pow. Judges to hold office during good behaviour. not to be diminished during continuance in Extent of ju dicial power.


(a) The decisions of the Supreme Court of the United States on the powers and duties of the President of the United States have been the following: Marbury v. Madison, 1 Cranch, 137; 1 Cond. Rep. 267; 1 Peters, 296; 12 Peters, 524. Williams v. The Suffolk Ins. Com., 13 Peters, 415.

(b) Am. Ins. Comp. v. Canter, 1 Peters, 511, 517; with Mr. Justice Johnson's opinion. Ex parte Duncan N. Hennen, 13 Peters, 230.

(c) The decisions of the Supreme Court of the United States on the 1st and 2d sections of the 3d article of the Constitution have been: The State of Rhode Island v. The State of Massachusetts, 12 Peters, 657-72. M'Bride v. Hoey, 11 Peters, 167. Marbury v. Madison, 1 Cranch, 137; 1 Cond. Rep, 267. Ex parte Crane, 5 Peters, 190. Ex parte Milburn, 9 Peters, 704. Town of Pawlet v. Clark et al., 9 Cranch, 292; 3 Cond. Rep. 408. Ex parte Kearney, 7 Wheat. 38; 5 Cond. Rep. 225. M'Cluny v. Silliman, 2 Wheat. 369; 4 Cond. Rep. 162. The United States v. Bevans, 3 Wheat. 336; 4 Cond. Rep. 275. United States v. Hamilton, 3 Dall. 17. Ex parte Bollman, 4 Cranch, 75; 2 Cond. Rep. 33. Ex parte Tobias Watkins, 3 Peters, 193. Cherokee Nation v. The State of Georgia, 5 Peters, 1. Cohens v. The State of Virginia, 6 Wheat. 264. Osborn v. The Bank of the United States, 9 Wheat. 738; 5 Cond. Rep. 741. The United States v. Ortega, 11 Wheat. 467; 6 Cond. Rep. 394. Fowler v. Lindsey et al., 3 Dall. 411. The United States v. Goodwin, 7 Cranch, 108; 2 Cond. Rep. 434.

The third article of the Constitution of the United States enables the judicial department to receive jurisdiction to the full extent of the Constitution, laws and treaties of the United States, when any question respecting them shall assume such form that the judicial power is capable of acting on it. That power is capable of acting, only when the subject is submitted to it by a party who asserts his rights in a form prescribed by law. It then becomes a case.

Osborn et al. v. The Bank of the United States, 9 Wheat. 738; 5 Cond. Rep. 741.
VOL. I.-3

B 2

Original jurisdiction of the Supreme Court. Appellate ju risdiction of the Supreme Court.

Trial by jury.

Treason. Conviction for treason.

Punishment of treason. Attainder.

The public acts, &c., of the States to have

full faith and credit. Citizens of the States entitled to equal privileges.

Fugitives from justice.

Fugitives from labour.

United States shall be a party; to controversies between two or more States, between a State and citizens of another State, between citizens of different States, between citizens of the same State claiming lands under grants of different States, and between a State, or the citizens thereof, and foreign States, citizens or subjects.

In all cases affecting ambassadors, other public ministers and consuls, (a) and those in which a State shall be party, the Supreme Court shall have original jurisdiction.(b) In all the other cases before mentioned, the Supreme Court shall have appellate jurisdiction, both as to law and fact, with such exceptions, and under such regulations, as the Congress shall make.(c)

The trial of all crimes, except in cases of impeachment, shall be by jury; and such trial shall be held in the State where the said crimes shall have been committed; but when not committed within any State, the trial shall be at such place or places as the Congress may by law have directed.

3. Treason against the United States, shall consist only in levying war against them, or in adhering to their enemies, giving them aid and comfort. No person shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or on confession in open


The Congress shall have power to declare the punishment of treason, but no attainder of treason shall work corruption of blood, or forfeiture, except during the life of the person attainted.

ART. IV. 1. Full faith and credit shall be given in each State to the public acts, records, and judicial proceedings of every other State. And the Congress may by general laws prescribe the manner in which such acts, records, and proceedings shall be proved, and the effect thereof. (d) 2. The citizens of each State shall be entitled to all privileges and immunities of citizens in the several States.

A person charged in any State with treason, felony, or other crime, who shall flee from justice, and be found in another State, shall, on demand of the executive authority of the State from which he fled, be delivered up, to be removed to the State having jurisdiction of the crime.

No person held to service or labour in one State, under the laws thereof, escaping into another, shall, in consequence of any law or regulation therein, be discharged from such service or labour, but shall

(a) An indictment under the crimes act of 1790, chap. 9, sec. 28, for infracting the law of nations by offering violence to the person of a foreign minister, is a case "affecting ambassadors and other public ministers, or consuls," within the second section of the third article of the Constitution of the United States. The United States v. Ortega, 11 Wheat. 467; 6 Cond. Rep. 394.

(b) On the original jurisdiction of the Supreme Court, the following cases have been decided: Ex parte Kearney, 7 Wheat. 38; 5 Cond. Rep. 225. M Cluny v. Sullivan, 2 Wheat. 369; 4 Cond. Rep. 162. The Columbian Insurance Company v. Wheelwright, 7 Wheat. 534; 5 Cond. Rep. 334. United States v. Hamilton, 3 Dall. 17. Ex parte Tobias Watkins, 3 Peters, 193. Ex parte Crane et al., 5 Peters 190. United States v. Ravara, 2 Dall. 297. Cherokee Nation v. The State of Georgia, 5 Peters, 1. The State of New Jersey v. The State of New York, 5 Peters, 284. Ex parte Juan Madrazzo, 7 Peters, 627. The State of Rhode Island v. The State of Massachusetts, 12 Peters, 657-755. Cohens v. The State of Virginia, 6 Wheat. 264; 5 Cond. Rep. 90. Osborn v. The Bank of the United States, 9 Wheat. 738; 5 Cond. Rep. 741. Fowler et al. v. Lindsey et al., 3 Dall. 411.

(c) Upon the appellate powers of the Supreme Court, the following cases have been decided: United States v. Goodwin, 7 Cranch, 108; 2 Cond. Rep. 434. Wiscart v. Dauchy, 3 Dall. 321; 1 Cond. Rep. 144. United States v. Moore, 3 Cranch, 159; 1 Cond. Rep. 480. Osborn v. The Bank of the United States, 9 Wheat. 738; 5 Cond. Rep. 741. Owings v. Norwood's Lessee, 5 Cranch, 344; 2 Cond. Rep. 275. Martin v. Hunter's Lessee, 1 Wheat. 304; 3 Cond. Rep. 575. Gordon v. Caldcleugh, 3 Cranch, 268; 1 Cond. Rep. 524. Ex parte Kearney, 7 Wheat. 38; 5 Cond. Rep. 225. Inglee v. Coolidge, 2 Wheat. 363; 4 Cond. Rep. 155. Geiston et al. v. Hoyt, 3 Wheat. 246; 4 Cond. Rep. 244. Nicholls et al. v. Hodges' Ex'r, 1 Peters, 562. Buel v. Van Ness, 8 Wheat. 312; 5 Cond. Rep. 445. Miller v. Nicholls, 4 Wheat. 311; 4 Cond. Rep. 465. Matthews v. Zane et al. 7 Wheat. 164; 5 Cond. Rep. 265. Houston v. Moore, 3 Wheat. 433; 4 Cond. Rep. 286. Williams v. Norris, 12 Wheat. 117; 6 Cond. Rep. 462. Montgomery v. Hernandez, 12 Wheat. 129; 6 Cond. Rep. 475. Gibbons v. Ogden, 6 Wheat. 448; 5 Cond. Rep. 134. Weston et al. v. The City Council of Charleston, 2 Peters, 449.

(d) Mills v. Duryee, 7 Cranch, 481; 2 Cond. Rep. 578. Hampton v. M'Connel, 3 Wheat. 234; 4 Cond. Rep. 243. See act of May 26, 1790, chap. 11. Act of March 27, 1804, chap. 56.

be delivered up on claim of the party to whom such service or labour may be due.(a)

New States. Formation of new States out

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 of other States. more States, or parts of States, without the consent of the legislatures of the States concerned, as well as of the Congress.

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.

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 cannot be convened,) against domestic violence. ART. 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 convention for proposing amendments, which, in either case, shall be valid to all intents and purposes, as part of this Constitution, when ratified by the legislatures of three fourths of the 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.

ART. 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, any thing in the Constitution or laws of any State to the contrary notwithstanding.

Amendments to Constitution. No State, without its con

sent, shall be deprived of an equal suffrage "in the Senate. Debts &c., contracted be

fore the adop

tion of the Con

The Senators and Representatives before mentioned, and the members of the several State legislatures, and all executive and judicial officers, both of the United States and of the several States, shall be bound, by oath or affirmation, to support this Constitution; but no religious test shall ever be required as a qualification to any office or public trust under the United States.

ART. 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.

Done in Convention, by the unanimous consent of the States present, the seventeenth day of September, in the year of our Lord one thousand

Congress to have to

dispose of and make regula. tions respecting the territories or other proper

ty of the U. S. Guarantee by the U. S. of a

republican form of government to every State; and each State to be protected from invasion, and against do

mestic violence.

stitution to be valid against the U. S.

The Constitution and laws of the U. S. or

treaties, the supreme law of the land.

Oath or affirmation to sup. port the Constitution.

No religious test a qualification for office.

Ratification of the Constitution.

(a) Prigg v. The Commonwealth of Pennsylvania, 16 Peters, 539. The clause in the Constitution relating to fugitives from labour, manifestly contemplates the existence of a positive, unqualified right on the part of the owner of the slave, which no State law or regulation can in any way qualify, regulate, control, or restrain. Any law or regulation which interrupts, limits, delays, or postpones the rights of the owner to the immediate command of his service or labour, operates pro tanto, a discharge of the slave therefrom. The question can never be how much he is discharged from; but whether he is discharged from any service by the natural and necessary operation of the State laws, or State regulations. The question is not one of quantity and degree, but of withholding or controlling the incidents of a positive right.

The owner of a fugitive slave has the same right to take him in a State to which he has escaped or fled, that he had in the State from which he escaped; and it is well known that this right to seizure or re-capture is universally acknowledged in all the slave-holding States. Ibid.

seven hundred and eighty-seven, and of the independence of the United States of America the twelfth. In witness whereof we have hereunto subscribed our names.

GEORGE WASHINGTON, PRESIDENT, and Deputy from Virginia.

New Hampshire.-John Langdon, Nicholas Gilman.
Massachusetts.-Nathaniel Gorham, Rufus King.

Connecticut.-William Samuel Johnson, Roger Sherman.

New York.-Alexander Hamilton.

New Jersey.-William Livingston, David Brearley, William Paterson, Jonathan Dayton.

Pennsylvania.-Benjamin Franklin, Thomas Mifflin, Robert Morris, George Clymer, Thomas Fitzsimons, Jared Ingersoll, James Wilson, Gouverneur Morris.

Delaware.-George Read, Gunning Bedford, Jun., John Dickinson, Richard Bassett, Jacob Broom.

Maryland.-James M'Henry, Daniel of St. Thomas Jenifer, Daniel


Virginia.-John Blair, James Madison, Jun.

North Carolina.-William Blount, Richard Dobbs Spaight, Hugh Williamson.

South Carolina.-John Rutledge, Charles Cotesworth Pinckney, Charles Pinckney, Pierce Butler.

Georgia.-William Few, Abraham Baldwin.




ART. I. 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. ART. II. 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. III. 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.

ART. IV. The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated; and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.(6)

ART. V. 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 offence to be twice put in jeopardy of life or limb;(c) 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.

ART. VI. 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 been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favour; and to have the assistance of counsel for his defence.

ART. VII. In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved; and no fact tried by a jury shall be otherwise re-examined in any court of the United States than according to the rules of the common law. (d) ART. VIII. Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

ART. IX. The enumeration in the Constitution of certain rights, shall not be construed to deny or disparage others retained by the people. ART. X. The powers not delegated to the United States by the Con

[blocks in formation]

(a) The first ten of these amendments were proposed by Congress, (with others which were not ratified by three fourths of the legislatures of the several states,) by resolution of 1789, post, pp. 97, 98, and were ratified before 1791. The eleventh amendment was proposed by Congress by resolution of the year 1794, post, p. 402, and was ratified before 1796. The twelfth article was proposed by Congress by resolution of October, 1803, vol. 2, p. 306, and was ratified before September, 1804.

(b) Ex parte Burford, 3 Cranch, 448; 1 Cond. Rep. 594.

(c) United States v. Haskell and Francis, 4 Wash. C. C. R. 402. United States v. Gilbert, 2 Sumner's

C. C. R. 19.

(d) The amendments to the Constitution of the United States, by which the trial by jury was secured, may, in a just sense, be well construed to embrace all suits which are not of equity or admiralty jurisdiction, whatever may be the form they may assume to settle legal rights. Parsons v. Bedford et al. 3 Peters, 433.


« PreviousContinue »