ordinance, and polity that was to govern them after they had entered their promised land; but, throughout the many changes, migrations, and conquests under which the human race has spread itself over and occupied the earth, either the will of the conqueror after conquest and occupation, or the growth of governmental principles subsequently, has been the origin of political and civil institutions. Here, however, is an attempt to prepare beforehand forms of government, laws, and principles upon bases that were intended to remain forever unalterable. We now have a century to attest their intrinsic value. Not the least valuable part of this wise forecast and preparation was that provision reaching down to the virgin soil that gave absolute ownership of it in convenient quantities and on terms that secured to each person an opportunity to acquire a homestead of his own, with provision for those civil divisions, townships, where the "essence of ownership," control, could be exerted politically in all the important social and civil affairs of life.

Upon this foundation, guarantees of human rights, in their broadest application, with equality before the law, were introduced into the governmental structure. In addition to these elements of future stability, the educational and moral forces are distinctly recognized and incorporated into the foundations. Freedom of worship, without governmental control, direction, or patronage; liberty, religion, morality, and knowledge - all stand side by side with the right of jury trial, habeas corpus, inviolability of private contracts, and all other usual and essential safeguards.

CUTLERS, Life of Rev. Manasseh Cutler. 368, 369.

CHAPTER XVII

THE CONSTITUTION OF THE UNITED STATES (1787)

SUGGESTIONS

THE Constitutional Convention at Philadelphia met May 29, 1787. All the States were represented except Rhode Island. Washington, Franklin, Hamilton, and Madison were among the fifty-five members. The delegates sat with closed doors, keeping their proceedings secret. They decided that instead of revising the Articles of Confederation they would draw up an entirely new Constitution. George Washington presided over the convention, and Benjamin Franklin, Robert Morris, James Madison, Rufus King, Roger Sherman, Alexander Hamilton, John Dickinson, Charles C. Pinckney, J. Rutledge, and Gouverneur Morris, were among its distinguished members. Madison, Hamilton, Washington, and Franklin took the leading part in the great work of drafting the new Constitution, and after its adoption by the convention, Madison and Hamilton used their influence, with great effect, to urge its ratification by the states, especially New York. After a stormy session of nearly four months, during which the convention several times threatened to break up in hopeless dispute, the Constitution was at last adopted.

The fund of exposition and comment upon this document and its group of framers is of such extent that the few criticisms for which there is room might be many times multiplied. The Constitution, founded on compromises, made serviceable by its elasticity, and supplemented by an imperfect bill of rights, is a two-handed sword supporting the Federal government and yet ever ready to serve its purpose in defending the dignity of the State. The historical student who has made the previous documents a basis for the study of the Constitution may easily trace precedents for nearly all its strongest features. The supremacy of the Supreme Court, the power of the Executive, and the legislative authority of Congress unite in creating a well knit triune government such as was new in the history of mankind.

For Outlines and Analysis, see Appendix B, § 4.

DOCUMENT

American

Constitution of the United States of America [1787-1789]. WE THE PEOPLE of the United States, in Order to This text form a more perfect Union, establish Justice, in- is from sure domestic Tranquillity, provide for the com- History mon defence, promote the general Welfare, and Leaflets No. secure the Blessings of Liberty to ourselves and 8, in which it is reprinted our Posterity, do ordain and establish this CON- from the STITUTION for the United States of America.

ARTICLE. I.

original manuscript. Precedents for nearly all the important features of this docu

English Constitutional

SECTION. 1. All legislative Powers herein granted shall be vested in a Congress of the United States, ment are which shall consist of a Senate and House of found in Representatives. SECTION. 2. [§ 1.] The House of Representatives documents, shall be composed of Members chosen and they may second every be traced Year by the People of the several States, and the through the Electors in each State shall have the Qualifications colonial requisite for Electors of the most numerous Branch state constiof the State Legislature.

charters and

tutions into

this docu

Articles of

[$ 2.] No Person shall be a Representative who ment. Comshall not have attained to the Age of twenty-five pare PreamYears, and been seven Years a Citizen of the United ble with Arts. of Conf., i. States, and who shall not, when elected, be an In- and iii. habitant of that State in which he shall be chosen. Compare 1 [§ 3.] Representatives and direct Taxes shall be and 2 with apportioned among the several States which may be Confederincluded within this Union, according to their respec- ation, v. tive Numbers, [which shall be determined by adding Superseded to the whole Number of free Persons, including by 14th Amendment. those bound to Service for a Term of Years, and ex- The contest cluding Indians not taxed, three fifths of all other over the Persons.] The actual Enumeration shall be made resentation within three Years after the first Meeting of the ended in the Connecticut Congress of the United States, and within every Compromise, subsequent Term of ten Years, in such Manner as which gave

basis of rep

the states

sentation in the Senate

sentation in

they shall by Law direct. The Number of Represenequal repre- tatives shall not exceed one for every thirty Thousand, but each State shall have at Least one propor- Representative; [and until such enumeration shall tional repre- be made, the State of New Hampshire shall be entitled to chuse three, Massachusetts eight, RhodeIsland 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 object of the Georgia three.]

the House. The three

fifths representation of slaves or the

Federal

Ratio

was

second great

Compromise. [§ 4.] When vacancies happen in the Representation from any State, the Executive Authority thereof shall issue Writs of Election to fill such Vacancies.

[$ 5.] The House of Representatives shall chuse their Speaker and other Officers; and shall have the sole Power of Impeachment.

SECTION. 3. [§ 1.] 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.

[§ 2.] 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.

[$ 3.] 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.

[$ 4.] The Vice President of the United States, shall be President of the Senate, but shall have no Vote, unless they be equally divided.

[§ 5.] The Senate shall chuse their other Officers, and also a President pro tempore, in the Absence of the Vice President, or when he shall exercise the Office of President of the United States.

[§ 6.] The Senate shall have the sole Power to try all impeachments. When sitting for that Purpose, See Art. they shall be on Oath or Affirmation. When the ii. Sect. 4. 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.

[$ 7.] Judgment in Cases of Impeachment shall not extend further than to removal from Office, and disqualification 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.

SECTION. 4. [§ 1.] The Times, Places and Man- The only case where ner of holding Elections for Senators and RepreCongress can sentatives, shall be prescribed in each State by the in terms set Legislature thereof; but the Congress may at any time by Law make or alter such Regulations, except as to the Places of chusing Senators.

[$ 2.] 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.

aside state legislation.

SECTION. 5. [§ 1.] Each House shall be the This proviJudge of the Elections, Returns and Qualifications sion was of English of its own Members, and a Majority of each shall origin; since constitute a Quorum to do Business; but a smaller 1868 the subject has been Number may adjourn from day to day, and may be transferred authorized to compel the attendance of absent to the EngMembers, in such Manner, and under such Penalties as each House may provide.

lish courts.