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478

THE CONSTITUTION AS REPORTED BY COMMITTEE.

To borrow money, and emit bills, on the credit of the United States;

To appoint a treasurer by ballot;

To constitute tribunals inferior to the supreme court;

To make rules concerning captures on land and water;

To declare the law and punishment of piracies and felonies committed on the high seas, and the punishment of counterfeiting the coin of the United States, and of offences against the law of nations;

To subdue a rebellion in any state, on the application of its legislature;

To make war;

To raise armies;

To build and equip fleets;

To call forth the aid of the militia, in order to execute the laws of the Union, enforce treaties, suppress insurrections, and repel invasions;

And to make all laws that 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.

Sect. 2. Treason against the United States shall consist only in levying war against the United States, or any of them; and in adhering to the enemies of the United States, or any of them. The legislature of the United States shall have power to declare the punishment of treason. No person shall be convicted of treason, unless on the testimony of two witnesses. No attainder of treason shall work corruption of blood, nor for feiture, except during the life of the person attainted.

Sect. 3. The proportions of direct taxation shall be regulated by the whole number of white and other free citizens and inhabitants of every age, sex, and condition, including those bound to servi tude for a term of years, and three fifths of all other persons not comprehended in the foregoing description (except Indians not paying taxes); which number shall, within six years after the first meeting of the legislature, and within the term of every ten years afterwards, be taken in such a manner as the said legislature shall direct.

Sect. 4. No tax or duty shall be laid by the legislature on articles exported from any state; nor on the migration or importation of such persons as the several states shall think proper to admit; nor shall such migration or importation be prohibited.

Sect. 5. No capitation tax shall be laid, unless in proportion to the census hereinbefore directed to be taken.

Sect. 6. No navigation act shall be passed without the assent of two thirds of the members present in each House.

Sect. 7. The United States shall not grant any title of nobility.

Article VIII. The acts of the legislature of the United States made in pursuance of this Constitution, and all treaties made under the authority of the United States, shall be the supreme law of the several states, and of their citizens and inhabitants; and the judges in the several states shall be bound thereby in their decisions, anything in the constitutions or laws of the several states to the contrary notwithstanding.

Article IX, Sect. 1. The Senate of the United States shall have power to make treaties, and to appoint ambassadors, and judges of the supreme court.

Sect. 2. In all disputes and controversies now subsisting, or that may hereafter subsist, between two or more states, respecting jurisdiction or territory, the Senate shall possess the following powers: Whenever the legislature, or the executive authority, or lawful agent of any state, in controversy with another, shall, by memorial to the Senate, state the matter in question, and apply for a hearing, notice of such memorial and application shall be given, by order of the Senate, to the legislature, or the executive authority, of the other state in controversy. The Senate shall also assign a day for the appearance of the parties, by their agents, before that House. The agents shall be directed to appoint, by joint consent, commissioners or judges to constitute a court for hearing and determining the matter in question. But if the agents cannot agree, the Senate shall name three persons out of each of the several states; and from the list of such persons, each party shall alternately strike out one, until the number shall be reduced to thirteen; and from that number not less than seven, nor more than nine, names, as the Senate shall direct, shall, in their presence, be drawn out by lot; and the persons whose names shall be so drawn, or any five of them, shall be commissioners or judges to hear and finally determine the controversy; provided a majority of the judges who shall hear the cause agree in the determination. If either party shall neglect to attend at the day assigned, without showing sufficient reasons for not attending, or being present shall refuse to strike, the Senate shall proceed to nominate three persons out of each state, and the clerk of the Senate shall strike in behalf of the party absent or refusing. If any of the parties shall refuse to submit to the authority of such court, or shall not appear to

THE CONSTITUTION AS REPORTED BY COMMITTEE.

prosecute or defend their claim or cause, the court shall nevertheless proceed to pronounce judgment. The judgment shall be final and conclusive. The proceedings shall be transmitted to the President of the Senate, and shall be lodged among the public records, for the security of the parties concerned. Every commissioner shall, before he sit in judgment, take an oath, to be administered by one of the judges of the supreme or superior court of the state where the cause shall be tried, “well and truly to hear and determine the matter in question, according to the best of his judgment, without favour, affection, or hope of reward."

Sect. 3. All controversies concerning lands claimed under different grants of two or more states, whose jurisdictions, as they respect such lands, shall have been decided or adjusted subsequently to such grants, or any of them, shall, on application to the Senate, be finally determined, as near as may be, in the same manner as is before prescribed for deciding controversies between different states.

Article X, Sect. 1. The executive power of the United States shall be vested in a single person. His style shall be, "The President of the United States of America," and his title shall be, "His Excellency." He shall be elected by ballot by the legislature. He shall hold his office during the term of seven years; but shall not be elected a second time.

Sect. 2. He shall, from time to time, give information to the legislature of the state of the Union. He may recommend to their consideration such measures as he shall judge necessary and expedient. He may convene them on extraordinary occasions. In case of disagreement between the two Houses, with regard to the time of adjournment, he may adjourn them to such time as he thinks proper. He shall take care that the laws of the United States be duly and faithfully executed. He shall commission all officers of the United States; and shall appoint officers in all cases not otherwise provided for by this Constitution. He shall receive ambassadors, and may correspond with the supreme executives of the several states. He shall have power to grant reprieves and pardons, but his pardon shall not be pleadable in bar of an inpeachment. He shall be commander-in-chief of the army and navy of the United States, and of the militia of the several states. He shall, at stated times, receive for his services a compensation, which shall neither be increased nor diminished during his continuance in office. Before he shall enter on the duties of his department, he shall take the following oath

or affirmation, "I

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solemnly swear (or

affirm) that I will faithfully execute the office of the President of the United States of America." He shall be removed from his office on impeachment by the House of Representatives, and conviction, in the supreme court, of treason, bribery, or corruption. In case of his removal, as aforesaid, death, resignation, or disability to discharge the powers and duties of his office, the President of the Senate shall exercise those powers and duties until another President of the United States be chosen, or until the disability of the President be removed.

Article XI, Sect. 1. The judicial power of the United States shall be vested in one supreme court, and in such inferior courts as shall, when necessary, from time to time, be constituted by the legislature of the United States.

Sect. 2. The judges of the supreme court, and of the inferior courts, shall hold their offices during good behaviour. They shall, at stated times, receive for their services a compensation, which shall not be diminished during their continuance in office.

Sect. 3. The jurisdiction of the supreme court shall extend to all cases arising under laws passed by the legislature of the United States; to all cases affecting ambassadors, other public ministers, and consuls; to the trial of impeachments of officers of the United States; to all cases of admiralty and maritime jurisdiction; to controversies between two or more states (except such as shall regard territory or jurisdiction); between a state and the citizens of another state; between citizens of different states; and between a state or the citizens thereof, and foreign states, citizens, or subjects. In cases of impeachment, cases affecting ambassadors, other public ministers and consuls, and those in which a state shall be party, this jurisdiction shall be original. In all the other cases before mentioned, it shall be appellate, with such exceptions, and under such regulations, as the legislature shall make. The legislature may assign any part of the jurisdiction above mentioned (except the trial of the President of the United States), in the manner and under the limitations which it shall think proper, to such inferior courts as it shall constitute from time to time.

Sect. 4. The trial of all criminal offences (except in cases of impeachment) shall be in the state where they shall be committed; and shall be by jury.

Sect. 5. Judgment, in cases of impeachment, shall not extend further than to removal from office, and disqualification to hold and enjoy any

480 THE CONSTITUTION AS REPORTED BY COMMITTEE.

office of honour, 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.

Article XII. No state shall coin money; nor grant letters of marque and reprisal; nor enter into any treaty, alliance, or confederation; nor grant any title of nobility.

Article XIII. No state, without the consent of the legislature of the United States, shall emit bills of credit, or make anything but specie a tender in payment of debts; nor lay imposts or duties on imports; nor keep troops or ships of war in time of peace; nor enter into any agreement or compact with another state, or with any foreign power; nor engage in any war, unless it shall be actually invaded by enemies, or the danger of invasion be so imminent as not to admit of a delay until the legislature of the United States can be consulted.

Article XIV. The citizens of each state shall be entitled to all the privileges and immunities of citizens in the several states.

Article XV. Any person charged with treason, felony, or high misdemeanor in any state, who shall flee from justice, and shall be found in any other state, shall, on demand of the executive power of the state from which he fled, be delivered up and removed to the state having jurisdiction of the offence.

Article XVI. Full faith shall be given in each state to the acts of the legislatures, and to the records and judicial proceedings of the courts and magistrates of every other state.

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Article XXII. This Constitution shall be laid before the United States in Congress assembled, for their approbation; and it is the opinion of this Convention, that it should be afterwards submitted to a convention chosen in each state, under the recommendation of its legislature, in order to receive the ratification of such convention.

Article XXIII. To introduce this government, it is the opinion of this Convention, that each assenting convention should notify its assent and ratification to the United States in Congress assembled; that Congress, after receiving the assent and ratification of the conventions of .... states, should appoint and publish a day, as early as may be, and appoint a place, for commencing proceedings under this Constitution; that, after such publication, the legislatures of the several states should elect members of the Senate and direct the election of the members of the House of Representatives; and that the members of the legislature should meet at the time and place assigned by Congress, and should, as soon as may be after their meeting, choose the President of the United States, and proceed to execute this Constitution.*

Article XVII. New states lawfully constituted or established within the limits of the United States may be admitted, by the legislature, into this government; but to such admission the consent of two thirds of the members present in each House shall be necessary. If a new state shall arise within the limits of any of the present time; it was necessary to "draw a

states, the consent of the legislatures of such states shall be also necessary to its admission. If the admission be consented to, the new states shall be admitted on the same terms with the original states. But the legislature may make conditions with the new states concerning the public debt which shall be then subsisting.

Article XVIII. The United States shall guaranty to each state a republican form of gov ernment; and shall protect each state against foreign invasions, and, on the application of its legislature, against domestic violence.

Article XIX. On the application of the legislatures of two thirds of the states in the Union, for an amendment of this Constitution, the legislature

To determine the extent of the powers granted to Congress was a difficult matter and occupied much.

line of demarkation which would give to the general government every power requisite for general purposes, and leave to the States every power which might be most beneficially administered by them." The committee

Curtis, Constitutional History, vol. i., pp. 721728; Taylor, Origin and Growth of the Constitution, App. xvii.; Hunt, Madison's Journal, vol. ii., pp. 76-90.

THE RIGHTS OF CITIZENSHIP AND NATURALIZATION.

of detail provided that the legislative power should be vested in a Congress of two branches - Senate and House -each of which should have a negative on the other, and while the Convention had decided by whom the members of Congress were to be appointed, nothing had been settled regarding the qualifications of the electors of representatives nor regarding the qualifications of the members themselves.

These two questions therefore remained open - who were to be the people of a State and what persons were to be eligible to legislate for them. At this time large numbers of foreigners were arriving in America, who had, of course, taken no part in obtaining freedom for the country, and a place must be assigned to them in the general political system. The war had engendered a strong American feeling which was intensely jealous of foreign influence, and there was a fairly settled determination that the institutions and legislatures of the country should be effectually safeguarded against foreign control or influence. At the same time it was said that nothing ought to be done which would discourage emigration from Europe of those who might become useful citizens. Such men as Hamilton, Wilson, Robert Morris, and Fitzsimmons were of foreign birth, and as they were high in the councils of the country, it was seen that it would be utterly impossible to exclude all persons of foreign birth from being electors or from being elected to

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office. The various States had different qualifications for holding office, and dissatisfaction would surely arise if distinct and special qualifications were required under the National Constitution. But it was felt to be essential that the States should surrender to the National government the power to determine what period of residence in the country should be required before persons of foreign birth might assume the privileges and rights of citizenship. The committee of detail recommended that whomever the States by their laws allowed to vote for the most numerous branch of their of their own legislatures, should be allowed to vote for representatives in Congress. The power of naturalization was transfered to the National government, thereby giving the National legislature power to withhold the privileges of general citizenship, although a State might confer upon foreigners the power of voting without previous naturalization. These recommendations were adopted by large majorities.*

In the course of the debate regarding the rights of suffrage, Butler said:

"There is no right of which the people are more jealous than that of suffrage. Abridgments of it tend to the same revolution as in Holland, where they have at length thrown all power into the hands of the Senate, who fill vacancies themselves and form rank aristocracy."

Dickinson considered the freeholders of the country as the best

Curtis, Constitutional History, vol. í., pp. 439-444.

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SUFFRAGE QUALIFICATIONS.

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"The aristocracy will grow out of the House of Representatives. Give the votes to the people who have no property and they will sell them to the rich who will be able to buy them. We should not confine our attention to the present moment. The time is not far distant when this country will abound with mechanics and manufacturers

without landed but any other sort of property. These will either combine under the influence of their common situation: in which case, the rights of property & the public liberty will not be secure in their hands: or which is more probable, they will become the tools of opulence and ambition, in which case there will be equal danger on another side. The example of England has been misconceived (by Col. Mason). A very small proportion of the Representatives there are chosen by freeholders. The greatest part are chosen by the Cities & Boroughs, in many of which the qualification of suffrage is as low as it is in any one of the United States & it was in the Boroughs and Cities rather than the Counties that bribery most prevailed, & the influence of the Crown on elections was most dangerously exerted."*

By Section 2 of Article iv. of the draft it was provided that every representative" shall be of the age of twenty-five years at least; shall have

who will receive their bread from their employers. been a citizen in the United States

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"The right of suffrage is certainly one of the fundamental articles of republican Government, and ought not to be left to be regulated by the Legislature. A gradual abridgment of this right has been the mode in which the aristocracies have been built on the ruins of popular forms. Whether the Constitutional qualification ought to be a freehold, would with him depend much on the probable reception such a change would meet with in States where the right was now exercised by every description of people. In several of the

States a freehold was now the qualification. Viewing the subject on its merits alone, the freeholders of the Country would be the safest depositories of Republican liberty. In future times a great majority of the people will not only be

* Hunt, Madison's Journal, vol. ii., p. 97. † Ibid, p. 98.

for at least three years before his election; and shall be at the time of his election, a resident of the state in which he shall be chosen." As will be remembered, the committee had been instructed to report qualifications of property and citizenship for the members of every department of the government, but as this was an embarrassing subject, in addition. to the above provision, they simply incorporated a provision (art. vi., sec. 2) that "the legislature shall have authority to establish such uniform qualifications of the members of each House, with regard to property, as to the said legislature shall seem expedient." As property qualification was far less important than the fact of citizenship, this clause

* Ibid, vol. ii., pp. 99–100.

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