Charles William Eliot.

American historical documents 1000-1904, with introductions, notes and illustrations online

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for the restitution of all estates, rights, and properties
which have been confiscated, belonging to real British sub-
jects, and also of the estates, rights, and properties of
persons resident in districts in the possession of His Maj-
esty's arms, and who have not borne arms against the said
United States. And that persons of any other description
shall have free liberty to go to any part or parts of any of
the thirteen United States, and therein to remain twelve
months, unmolested in their endeavours to obtain the res-
titution of such of their estates, rights, and properties as
may have been confiscated; and that Congress shall also
earnestly recommend to the several States a reconsideration
and revision of all acts or laws regarding the premises, so
as to render the said laws or acts perfectly consistent, not
only with justice and equity, but with that spirit of concilia-
tion which, on the return of the blessings of peace, should
universally prevail. And that Congress shall also earnestly
recommend to the several States, that the estates, rights,
and properties of such last mentioned persons, shall be
restored to them, they refunding to any persons who may
be now in possession, the bona fide price (where any has
been given) which such persons may have paid on purchas-
ing any of the said lands, rights, or properties, since the
confiscation. And it is agreed, that all persons who have
any interest in confiscated lands, either by debts, marriage
settlements, or otherwise, shall meet with no lawful impedi-
ment in the prosecution of their just rights.

Article VI

That there shall be no future confiscations made, nor any
prosecutions commenced against any person or persons for,
or by reason of the part which he or they may have taken
in the present war ; and that no person shall, on that accoimt.



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190 AMERICAN HISTORICAL DOCUMENTS

suffer any future loss or damage, either in his person, liberty,
or property; and that those who may be in confinement on
such charges, at the time of the ratification of the treaty in
America, shall be immediately set at liberty, and the prose-
cutions so commenced be discontinued.

Article VII

There shall be a firm and perpetual peace between His
\ Britannic Majesty and the said States, and between the
subjects of the one and the citizens of the other, wherefore
all hostilities, both by sea and land, shall from henceforth
cease: All prisoners on both ».des shall be set at liberty,
and His Britannic Miajesty shall, with all convenient speed,
and without causing any destruction, or carrying away any
negroes or other property of the American inhabitants,
withdraw all his armies, garrisons, and fleets from the said
United States, and from every port, place, and harbour
within the same; leaving in all fortifications the American
artillery that may be therein : And shall also order and cause
all archives, records, deeds, and papers, belonging to any of
the said States, or their citizens, which, in the course of the
war, may have fallen into the hands of his officers, to be
forthwith restored and delivered to the proper States and
persons to whom they belong.

Article Vm

The navigation of the river Mississippi, from its source
to the ocean, shall forever remain free and open to the sub-
jects of Great Britain, and the citizens of the United
States.

Article IX

In case it should so happen that any place or territory
belonging to Great Britain or to the United States, should
have been conquered by the arms of either from the other,
before the arrival of the said provisional articles in Amer-
ica, it is agreed, that the same shall be restored without
difficulty, and without requiring any compensation.



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AMERICAN HISTORICAL DOCUMENTS 191

Article X

The solemn ratifications of the present treaty, expedited
in good and due form, shall be exchanged between the con-
tracting parties, in the space of six months, or sooner if
possible, to be computed from the day of the signature of
the present treaty. In witness whereof, we the undersigned,
their Ministers Plenipotentiary, have in their name and in
virtue of our full powers, signed with our hands the present
definitive treaty, and caused the seals of our arms to be
affix'd thereto.

Done at Paris, this third day of September, in the year of
our Lord one thousand seven hundred and eighty-three.

D. Hartley [l.s.]

John Adams [l.s.]

B. Franklin [l.s.]

John Jay [l.s.]



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CONSTITUTION
OF THE UNITED STATES

(»787)

[Oa May 2S, X787> fifty-five delegates from the yarious States
met in Philadelphia to discuss the drawing up of a Constitution to
take the place of the Articles of Confederation. Washington presided;
and, after a long struggle and many compromises, the resultant
document was referred to the several States on September 28 of the
same year. By June 21, 1789, the required nine out of the thirteen
States had ratified it, and the new federal government was estab-
lished at New York on April 30, 1789. The dates of the amendments
are as follows: I — ^X, Nov. 3, 1791 ; XI, Jan. 8, 1798; XII, Sept. 25,
1804; XIII, Feb. I, 186s; XIV, July 28, 1868; XV, March 30,
1870.]

We the People of the United States, in Order to form a
more perfect Union, establish Justice, insure domestic
Tranquility, provide for the common defence, promote
the general Welfare, and secure the Blessings of Liberty
to ourselves and our Posterity, do ordain and establish
this Constitution for the United States of America.

Abticlb I

SECTION I All legislative Powers herein granted shall
be vested in a Congress of the United States, which
shall consist of a Senate and House of Representatives.
Section 2 (i) The House of Representatives shall be
composed of Members chosen every second Year by the
People of the several States, and the Electors in each State
shall have the Qualifications requisite for Electors of the
most numerous Branch of the State Legislature.

(2) No person shall be a Representative who shall not
have attained to the Age of Twenty-five years, and been
seven Years a Citizen of the United States, and who shall

192



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AMERICAN HISTORICAL DOCUMENTS 193

not, when elected, be an inhabitant of that State in which
he shall be chosen.

(3) Representatives and direct Taxes shall be appor-
tioned among the several States which may be included
within this Union, according to their respective Numbers,
which shall be determined by adding to the whole Number
of free Persons, including those bound to Service for a
Term of Years, and excluding Indians not taxed, three
fifths of all other Persons. The actual Enumeration
shall be made within three Years after the first Meet-
ing of the Congress of the United States, and within
every subsequent Term of ten Years, in such Manner as
they shall by Law direct The Number of Representatives
shall not exceed one for every thirty Thousand, but each
State shall have at Least one Representative ; and until such
enumeration shall be made, the State of New Hampshire
shall be entitled to chuse three, Massachusetts eight, Rhode
Island and Providence Plantations one, Connecticut five.
New York six, New Jersey four, Pennsylvania eight, Dela-
ware one, Maryland six, Virginia ten. North Carolina five,
South Carolina five, and Georgia three.

(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 (i) 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 Conse-
quence 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 other-
wise, during the Recess of the Legislature of any State,

HC XLXU (7)



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194 AMERICAN HISTORICAL DOCUMENTS

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> imless they
be equally divided.

(5) The Senate shall chuse their other Officers, and also
a President pro tempore, in the Absence of the Vice Presi-
dent, or when he shall exercise the Office of President of
the United States.

(6) The Senate shall have the sole Power to try all Im-
peachments. When sitting for that Purpose, they shall be
on Oath or Affirmation. When the President of the United
States is tried, the Chief Justice shall preside: And no Per-
son 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 neverthe-
less be liable and subject to Indictment, Trial, Judgment
and Punishment, according to Law.

Section 4 (i) The Times, Places and Manner of hold-
ing Elections for Senators and Representatives, shall be
prescribed in each State by the 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.

Section 5 (1) Each House shall be the Judge of the
Elections, Returns and Qualifications of its own Members,
and a Majority of each shall constitute a Quorum to do Bus-
iness; but a smaller Number may adjourn from day to day^



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AMERICAN HISTORICAL DOCUMENTS 195

and may be authorized to compel the Attendance of absent
Members, in such Manner, and under such Penalties as
each House may provide,

(2) Each House may determine the Rules of its Proceed-*
ings, punish its Members for disorderly Behavior, and, with
the Concurrence of two thirds, expel a Member.

(3) 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 Secrecy; 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.

(4) Neither House, during the Session of Congress, shall,
widiout 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.

Section 6 (i) The Senators and Representatives shall
receive a Compensation 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, Felony and Breach
of the Peace, be privileged from Arrest during iheir Attend*
ance at the Session of their respective Houses, and in goiilg
to and returning from the same; and for any Speech or
Debate in either House, they shall not be questioned in
any other Place.

(2) No Senator or Representative shall, during the Time
for which he was elected, be appointed to any civil Office
under the Authority of the United States, which shall have
been created, or the Emoluments whereof shall have been
encreased 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.

Section 7 (i) All Bills for raising Revenue shall origi-
nate in the House of Representatives; but the Senate may
propose or concur with Amendments as on other Bills.

(2) 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



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196 AMERICAN HISTORICAL DOCUMENTS

originated, who shall enter the Objections at large on their
Journal, and proceed to reconsider it. If after such Recon-
sideration two thirds of that House shall agree to pass the
Bill, it shall be sent, together with the Objections, to the
other House, by which it shall likewise be reconsidered, and
if approved by two thirds of that House, it shall become a
Law. But in all such Cases the Votes of both Houses shall
be determined by Yeas and Nays, and the Names of the
Persons voting for and against tiie Bill shall be entered on
the Journal of each House respectively. If any Bill shall
not be returned by the President within ten Days (Simdays
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.

(3) Every Order, Resolution, or Vote to which the Con-
currence 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 repassed by two
thirds of the Senate and House of Representatives, accord-
ing to the Rules and Limitations prescribed in the Case of
a Bill.

Section 8 (i) The Congress shall have Power To lay
and collect Taxes, Duties, Imposts and Excises, to pay the
Debts and provide for the common Defence and general
Welfare of the United States; but all Duties, Imposts
and Excises shall be uniform throughout the United
States;

(2) To borrow money on the Credit of the United
States;

(3) To regulate Commerce with foreign Nations, and
among the several States, and with the Indian Tribes;

(4) To establish an uniform Rule of Naturalization, and
uniform Laws on the subject of Bankruptcies throughout
the United States;

(5) To coin Money, regulate the Value thereof, and of
foreign Coin, and to fix the Standard of Weights and
Measures;



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AMERICAN HISTORICAL DOCUMENTS 197

(6) To provide for the Punishment of counterfeiting
the Securities and current Coin of the United States;

(7) To establish Post OflSces and post Roads;

(8) To promote the Progress of Science and useful
Arts, by securing for limited Times to Authors and Invent-
ors the exclusive Right to their respective Writings and
Discoveries ;

(9) To constitute Tribunals inferior to the Supreme
Court;

(10) To define and Punish Piracies and Felonies com-
mitted on the high Seas, and Offences against the Law of
Nations ;

(11) To declare War, grant Letters of Marque and
Reprisal, and make Rules concerning Captures on Land and
Water;

(12) To raise and support Armies, but no Appropriation
of Money to that Use shall be for a longer Term than two
Years ;

(13) To provide and maintain a Navy;

(14) To make Rules for the Government and Regula-
tion of the land and naval Forces;

(15) To provide for calling forth the Militia to execute
the Laws of the Union, suppress Insurrections and repel
Evasions ;

(16) To provide for organizing, arming, and disciplin-
ing, 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 ac-
cording to the discipline prescribed by Congress ;

(17) To exercise exclusive Legislation in all Cases what-
soever, 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 Legislature of the State
in which the Same shall be, for the Erection of Forts,
Magazines, Arsenals, dock- Yards, and other needful Build-
ings ; — ^And

(18) To make all Laws which shall be necessary and



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198 AMERICAN HISTORICAL DOCUMENTS

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.

Section 9 (t) 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 exceed-
ing ten dollars for each Person.

(a) 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

(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 Enimieration herein
before 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 Consequence of Appropriations mlde by Law; and a
regular Statement and Account of the Receipts and Expen-
ditures 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 Con-
gress, accept of any present, Emolument, Office, or Title,
of any kind whatever, from any King, Prince, or foreign
State.

Section 10 (i) No State shall enter into any Treaty,
Alliance, or Confederation; grant Letters of Marque and
Reprisal; coin Money; emit Bills of Credit; make any
Thing but gold and silver Coin a Tender in Payment of
Debts; pass any Bill of Attainder, ex post facto Law, or



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AMERICAN HISlt)RrCAL DOCUMENTS m

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 absolutely necessary for executing it's inspec-
tion 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 controul 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 immbient Danger as will
not admit of Delay.

Atncurn

Ssctxoir 1 (i) The executive Pbwcr shall be vested In a
President of the United States of America. He shall hold
his Office during the Term of four Years, and, together with
the Vice President, chosen for the same Term, be elected,
as follows:

(2) Each State shall appofait» 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 under the United States, shall be appointed
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 Number of Votes for each; which List they shall sign
and certify, and transmit sealed to the Seat of Govern*
ment 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



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200 AMERICAN HISTORICAL DOCUMENTS

Certificates, and the Votes shall then be counted. The Person
having the greatest Niimber 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 chuse 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 chuse the President. But in
chusing the President, the Votes shall be taken by States,
the Representation 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. In every
Case, after the Choice of the President, the person h iving
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 chuse from them by
Ballot the Vice-President.

(3) The Congress may determine the Time of chusing
the Electors, and the Day on which they shall give their
Votes; which Day shall be the same throughout the United
States.

(4) No Person except a natural bom Citizen, or a Citi-
zen of the United States, at the time of the Adoption of this
Constitution, shall be eligible to the OflSce 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.

(5) 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 pro-
vide for the Case of Removal, Death, Resignation, or In-
ability, 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.

(6) The President shall, at stated Times, receive for his
Services, a Compensation, which shall neither be encrease^



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AMERICAN HISTORICAL DOCUMENTS 20J

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.

(7) Before he enter on the Execution of his Office, he
shall take the following Oath or Affirmation: — "I do sol*
emnly 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 Con-
stitution of the United States."

Section 2 (i) 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 actual
Service of the United States; he mzy 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 Offences 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 rhall nominate, and
by and with the Advice and Consent of the Senate, shall ap-
point Ambassadors, other public Ministers and Councils,
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



Online LibraryCharles William EliotAmerican historical documents 1000-1904, with introductions, notes and illustrations → online text (page 17 of 48)