North Carolina. Secretary of State.

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17. 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 Government of the United States, and to exercise like authority
over all places purchased by the consent of the Legislature of the
State in which the same shall be, for the erection of forts, magazines,
arsenals, dock-yards, and other needful buildings; — and

IS. To make all laws which shall be necessary and proper for
carrying into execution the foregoing powers, and all other powers



1 1- North C vkoj ina M vm al

vested by this Constitution in the Government of the United States.
or any department or officer thereof.

Sec. 9 — 1. The migration or importation of such persons as any

if ilu 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.

2. The privilege of the writ of habeas corpus shall not be sus
pended. unless when in cases of rebellion or invasion the public
safety may require it.

3. No bill of attainder or ex post facto law shall be passed.

4. No capitation or other direct tax shall be laid, unless in
proportion to the census or enumeration hereinbefore directed to
be taken.*

5. No tax or duty shall be laid on articles exported from any
State.

6. 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 to enter, clear,
or pay duties in another.

7. No money shall be drawn from the Treasury but in conse-
quence 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.

8. 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 — 1. No State shall enter into any treaty, alliance, or confed-
eration; grant letters of marque and reprisal; coin money; emit
bills of credit; make anything but gold and silver coin a tender
in 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.

2. No State shall, without the consent of the Congress, lay any
imposts or duties on imports or exports except what may be abso-



•See Article XVI, Amendments.



Constitution of the United States 113

lutely necessary for executing its inspection laws; and the net pro-
duce of all duties and imports, 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
the Congress.

3. No State shall, without the consent of Congress, lay any duty
of tonnage, keep troops, or ships of war in time of peace, enter
into any agreement or compact with another State, or with a
foreign power, or engage in war, unless actually invaded, or in
such imminent danger as will not admit delay.

Article II

Section 1 — 1. The executive power shall be vested in a Presi-
dent of the United States of America. He shall hold his office
during the term of four years, and, together with the Vice Presi-
dent, chosen for the same term, be elected as follows:

2. Each State shall appoint, in such manner as the legislature
thereof may direct, a number of electors, equal to the whole num-
ber 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 under the United States
shall be appointed an elector.

3. 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 number 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 per-
son having the greatest number of votes shall be the President, if
such number be a majority of the whole number of electors ap-
pointed; and if there be more than one who have such majority,
and have an equal number of votes, then the House of Representa-
tives shall immediately choose by ballot one of them for President;
and if no person have a majority, then from the five highest on
the list the said House shall in like manner choose the President.



ih North Carolina Manuat

Bui in choosing the President, the votes shall be taken by States,
the representation from each State having one vote; a quorum,
for tins purpose, shall consist of a member or members from two
thirds of the Stales, and a majority of all the States shall be
necessarj to a choice, in every case, after the choice of the Presi-
dent, tlic person having the greatest number of votes of the electors
shall be the Vice President. But if there should remain two or
more who have equal votes, the Senate shall choose from them by
ballot the Vice President.*

4. The Congress may determine the time of choosing the elec
tors and the day on which they shall give their votes, which day
shall be the same throughout the United States.

5. No person except a natural born citizen, or a citizen of the
United States, at the time of the adoption of this Constitution,
shall be eligible to the office of President; neither shall any per-
son 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.

G. 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 Vice
President, 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.

7. The President shall, at stated times, receive for his services
a compensation which shall neither be increased nor diminished
during the period for which he shall have been elected, and he
shall not receive within that period any other emolument from the
United States, or any of them.

8. Before he enters on the execution of his office, he shall take
the following oath or affirmation:

"I do solemnly swear (or affirm) that I will faithfully execute
the office of President of the United States, and will, to the best
of my ability, preserve, protect, and defend the Constitution of the
United States."



*This clause is superseded by Article XII, Amendments.



Constitution of the United States i 1 5

Sec. 2 — 1. The President shall be Commander-in-Chief of the
Army and 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 re-
lating to the duties of their respective offices; and he shall have
power to grant reprieves, and pardons for offenses against the
United States, except in cases of impeachment.

2. 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; 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.

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

Sec. 3 — He shall from time to time give to the Congress infor-
mation of the State of the Union, and recommend to their consid-
eration 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.

Sec. 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.

Article III

Section 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.



ill North Carolina Manual

both of the Supreme and inferior courts, shall hold their offices
during good behavior, and shall, at stated times, receive for their
services a compensation which shall not be diminished during their
continuance in office.

Sec. 2 — 1. 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 min-
isters and consuls; to all cases of admiralty and maritime juris-
diction; — to controversies to which the United States shall be a
party; — to controversies between two or more States; — between
a State and citizens of another State; — between citizens of differ-
ent 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.

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

•".. 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.

Sec. 3—1. Treason against the United States shall consist only
in levying war against them, or in adhering to their enemies, giv-
ing 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 court.

2. 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

Article IV

Sectichn 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 man-



Constitution <u the United States 117

uer in which such acts, records and proceedings shall be proved,
and the effect thereof.

Sec. 2 — 1. The citizens of each State shall be entitled to all
privileges and immunities of citizens in the several States.

2. 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.

3. No person held to service or labor 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
labor, but shall be delivered upon claim of the party to whom such
service or labor may be due.

Sec. 3 — 1. 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 more States, or parts of States, without the con-
sent of the Legislatures of the States concerned, as well as of the
Congress.

2. 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 Con-
stitution shall be so construed as to prejudice any claims of the
United States or of any particular State.

Sec. 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 Legis-
lature, or of the Executive (when the Legislature cannot be con
vened), against domestic violence

Aeticle 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



118 North Carolina Manual

fourths of the several States, or by conventions in three-fourths
thereof, as the one or the other mode of ratification may be pro-
posed 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 tirst and fourth clauses in the Ninth
Section of the First Article; and that no State, without its con-
sent, shall be deprived of its equal suffrage in the Senate

Article VI

1. All debts contracted and engagements entered into before
the adoption of this Constitution, shall be as valid against the
[Tnited States under this Constitution, as under the Confederation.

2. 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, anything in the Constitution or laws of any
State to the contrary notwithstanding.

3. 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 Con-
stitution; but no religious test shall ever be required as a quali-
fication to any office or public trust under the United States.

Article VII

The ratification of the Convention of nine States =nall be suf-
ficient 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 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.

GEO. WASHINGTON, President and deputy from Virginia, New
Hampshire— John Langdon, Nicholas Gilman, Massachusetts — Na-
thaniel Gorham, Rufus King, Connecticut— Wm. Saml. Johnson.
Roger Sherman, New York Alexander Hamilton. New Jersey



Constitution (>[• Jin. United States Li9

VVil. Livingston, David Brearley, Wm. Patterson, Jona. Dayton,
Pennsylvania — B. Franklin, Robt. Morris, Thos. Fitzsimmons. James
Wilson, Thomas Mifflin, Geo. Clymer, Jared Ingersoll, Gouv. Morris,
Delaware— Geo. Read, John Dickinson, Jaco. Broom, Gunning Bed-
ford, Jr., Richard Bassett, Maryland — James McHenry, Danl. Carroll.
Dan. of St. Thos. Jenifer, Virginia — John Blair, Jas. Madison, Jr..
North Carolina — Wm. Blount, Hu. Williamson, Richd. Dobbs Spaight,
South Carolina — J. Rutledge, Charles Pinckney, Charles Cotesworth
Pinckney, Pierce Butler, Georgia — W T illiam Few. Abr, Baldwin.
Attest: William Jackson, Secretary.

The Constitution was declared in effect on the first Wednesday
in March, 1789.

Amendments to the Constitution of the United States

The following amendments to the Constitution, Article I to X,
inclusive, were proposed at the First Session of the First Congress,
begun and held at the City of New York,, on Wednesday, March 4,
1789, and were adopted by the necessary number of States. The
original proposal of the ten amendments was preceded by this
preamble and resolution:

"The conventions of a number of the States having, at the time
of their adopting the Constitution, expressed a desire, in order to
prevent misconstruction or abuse of its powers, that further de-
claratory and restrictive clauses should be added, and as extending
the ground of public confidence in the Government will best insure
the beneficent ends of its institution:

"RESOLVED, By the Senate and House of Representatives of
the United States of America, in Congress assembled, two-thirds of
both Houses concurring, that the following articles be proposed to
the Legislatures of the several States, as amendments to the Con-
stitution of the United States; all or any of which articles, when
ratified by three-fourths of the said Legislatures, to be valid to all
intents and purposes, as part of the said Constitution, namely"

Amendments

the ten original amendments

(.Sometimes called our Bill of Rights)
(Declared in force December 15, 1791)



L20 North Carolina Manuai

Article I

Congress shall make no law respecting an establishment of re-
ligion, or prohibiting the free exercise thereof; or abridging tin
freedom of speech or of the press; or the right of the people
peacably to assemble, and to petition the Government for a redress
of grievances.

Article 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

Article 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 man-
ner to be prescribed by law.

Article 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 prob-
able cause, supported by oath or affirmation, and particularly de-
scribing the place to be searched, and the persons or things to be
seized.

Article V

No person shall be held to answer for a capital or otherwise in-
famous 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 offense to be twice put in
jeopardy of life or limb; nor shall be compelled in any criminal
case to be a witness against himself, nor be deprived of life, lib-
erty, or property, without due process of law; nor shall private
property bp taken for public use, without just compensation.

Article 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



Constitution op the United Statfs 121

district wherein the crime shall have been committed, which dis-
trict shall have been previously ascertained by law, and be in-
formed 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 favor, and to have the assistance of
counsel for his defense.

Article 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 com-
mon law.

Article VIII

Excessive bail shall not be required, nor excessive fines imposed,
nor cruel and unusual punishments inflicted.

Article IX

The enumeration in the Constitution of certain rights shall not
be construed to deny or disparage others retained by the people.

Article X

The powers not delegated to the United States by the Constitu-
tion, nor prohibited by it to the States, are reserved to the States
respectively, or to the people.

Article XI

The judicial power of the United States shall not be construed to
extend to any suit in law or equity, commenced or prosecuted
against one of the United States, by citizens of another State, or
by citizens or subjects of any foreign State.

(Proposed to the Legislatures of the several States by the Third
Congress on the 5th of March, 1794, and declared to have been
ratified by Executive Proclamation, January 8, 1798.)

Article XII

The electors shall meet in their respective States, and vote by
ballot for President and Vice President, one of whom at least shall
not be an inhabitant of the same State with themselves: they shall



122 North Carolina Manual

name in their ballots the person voted for as President, and in dis-
tinct ballots the persons voted for as Vice President; and they shall
make distinct lists of all persons voted for as President, and of all
persons voted for as Vice President, and of the number of votes
for each, which lists 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 for President shall be the
President, if such number be a majority of the whole number of
electors appointed; and if no person have such majority, then from
the persons having the highest numbers, not exceeding three on the
list of those voted for as President, the House of Representatives
shall choose immediately, by ballot, the President. But in choosing
the President, the votes shall be taken by States, the representa-
tion from each State having one vote; a quorum for this purpose
shall consist of a member or members from two-thirds of the
States, and a majority of all the States shall be necessary to a
choice. And if the House of Representatives shall not choose a
President, whenever the right of choice shall devolve upon them,
before the fourth day of March next following, then the Vice
President shall act as President, as in the case of the death or
other constitutional disability of the President. The person having
the greatest number of votes as Vice President shall be the Vice
President, if such number be a majority of the whole number of
electors appointed, and if no person have a majority, then from
the two highest numbers on the list, the Senate shall choose the
Vice President; a quorum for the purpose shall consist of two-
thirds of the whole number of Senators, and a majority of the
whole number shall be necessary to a choice. But no person consti-
tutionally ineligible to the office of President shall be eligible to
that of Vice President of the United States.

(Proposed by the Eighth Congress on the 12th of December,

1803, declared ratified by the Secretary of State, September 25,

1804. It was ratified by all the States except Connecticut. Dela-
ware, Massachusetts, and New Hampshire.)

Article XIII
1. Neither slavery nor involuntary servitude, except as a pun-
ishment for crime whereof the party shall have been duly .-on-



Constitution of the United States 12::

victed, shall exist within the United States, or any place subject



Online LibraryNorth Carolina. Secretary of StateNorth Carolina manual [serial] (Volume 1967) → online text (page 10 of 59)