Volume Two—Chapter Eleven.Appendix. Constitution of the United States.We, the people of the United States, in order to form a more perfect union, establish justice, ensure domestic tranquillity, 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.Article 1.—Section 1.1. All legislative powers herein granted, shall be vested in a Congress of the United States, which shall consist of a Senate and a 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 not, when elected, be an inhabitant of that State in which he shall be chosen.3. Representatives and direct taxes shall be apportioned 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 meeting 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 choose three; Massachusetts eight; Rhode Island 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 Georgia three.4. When vacancies happen in the representation from any State, the executive authority thereof shall issue writs of election to fill up such vacancies.5. The House of Representatives shall choose 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 first 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 appointment 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 choose 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, they shall be on oath or affirmation. When the 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 case of impeachment, shall not extend further than to removal from office, and disqualification to hold and enjoy any 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.Section 4.1. The times, places, and manners of holding 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 choosing 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 business; but a smaller number may adjourn from day to day, and may be authorised 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 proceedings, punish its members for disorderly behaviour, 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, without 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 6.1. 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 their attendance at the session of their respective houses, and in going to or 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 increased, 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 7.1. All bills for raising revenue shall originate 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 originated, who shall enter the objection at large on their journal, and proceed to re-consider it. If, after such re-consideration, 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 the bill shall be entered on the journal of each House respectively. If any bill shall not be returned by the President within ten days (Sundays 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 concurrence 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, according to the rules and limitations prescribed in the case of a bill.Section 8.The Congress shall have power—1. 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 a uniform rule of naturalisation, 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 fix the standard of weights and measures.6. To provide for the punishment of counterfeiting the securities and current coin of the United States.7. To establish post-offices and post-roads.8. To promote the progress of science and useful arts, by securing, for limited times, to authors and inventors, the exclusive right to their respective writings and discoveries.9. To constitute tribunals inferior to the supreme court: to define and punish piracies and felonies committed on the high seas, and offences against the law of nations.10. To declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water.11. To raise and support armies; but no appropriation of money to that use shall be for a longer term than two years.12. To provide and maintain a navy.13. To make rules for the government and regulation of the land and naval forces.14. To provide for calling forth the militia to execute the laws of the Union, suppress insurrections, and repel invasions.15. To provide for organising, arming, and disciplining 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 according to the discipline prescribed by Congress.16. 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,17. To make all laws which 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.Section 9.1. 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 exceeding ten dollars for each person.2. 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, orex post factolaw, 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. No preference shall be given to 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.6. No money shall be drawn from the treasury, but in consequence of appropriations made by law; and a regular statement and account of the receipts and expenditure of all public money shall be published from time to time.7. 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.Section 10.1. No State shall enter into any treaty, alliance, or confederation; 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 factolaw, 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 absolutely necessary for executing its inspection laws; and the neat 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 control of the Congress. 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 of delay.Article 2.—Section 1.1. The executive power 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 appoint, 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 any 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 person having the greatest number of votes shall be President, if such number be a majority of the whole number of electors appointed; and if there be more than one who have such a majority, and have an equal number of votes, then the House of Representatives 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. But, in choosing 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 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 electors, 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 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.6. 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 enter on the execution of his office, he shall take the following oath or affirmation:—9. “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.”Section 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 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 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 commissions which shall expire at the end of their next session.Section 3.1. 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.Section 4.1. 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 crimes and misdemeanors.Article 3.—Section 1.1. 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.Section 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 ministers and consuls; to all cases of admiralty and maritime jurisdiction; 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 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.2. In all cases affecting ambassadors, other public ministers and consuls, and those in which a State shall be a party, the supreme court shall have original jurisdiction. 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.3. 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 places as the Congress may by law have directed.Section 3.1. 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 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 4.—Section 1.1. 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.Section 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 has fled, be delivered up, to be removed to the State having jurisdiction of the crime.3. 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 be delivered up on the claim of the party to whom such service or labour may be due.Section 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 consent 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 Constitution shall be so construed as to prejudice any claims of the United States, or of any particular State.Section 4.1. 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.Article 5.1. 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 of 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: that and no State, without its consent, shall be deprived of its equal suffrage in the Senate.Article 6.1. 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.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, any thing 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 legislature, 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.Article 7.1. 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 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 VirginiaNew Hampshire. John Langdon, Nicholas Gilman.Massachusetts. Nathaniel Gorman, Rufus King.Connecticut. William Samuel Johnson, Roger Sherman.New York. Alexander Hamilton.New Jersey. William Livingston, David Bearly, William Paterson, Jonathan Dayton.Pennsylvania. Benjamin Franklin, Thomas Mafflin, Robert Morris, George Clymer, Thomas Fitzsimons, Jared Ingersoll, James Wilson, Governeur Morris.Delaware. George Read, Gunning Bedford, Jun. John Dickenson, Richard Bassett, Jacob Broom.Maryland. James McHenry, Daniel of St. Tho. Jenifer, Daniel Carrol.Virginia. John Blair, James Madison, jun.North Carolina. William Blount, Richard Dobbs Spaight, Hugh Williamson.South Carolina. John Rutledge, Chas. Cotesworth Pinckney, Charles Pinckney, Pierce Butler.Georgia. William Few, Abraham Baldwin.(Attest,) William Jackson.Amendments to the Constitution.Art. 1. 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. 2. 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. 3. 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 prescribed by law.Art. 4. 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.Art. 5. 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; nor shall be compelled, in any criminal case, to be a 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. 6. 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. 7. 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 common law.Art. 8. Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.Art. 9. The enumeration in the Constitution of certain rights shall not be construed to deny or disparage others retained by the people.Art. 10. The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.Art. 11. 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.Art. 12. 1. 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 name in their ballots the person voted for as President, and in distinct ballots the person 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 of the number be a majority of the whole number of electors appointed; and if no person have such a 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 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. 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, the Vice-President shall act as President, as in the case of the death, or other constitutional disability of the President.2. 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.3. But no person constitutionally ineligible to the office of President, shall be eligible to that of Vice-President of the United States.End of Vol. II.
We, the people of the United States, in order to form a more perfect union, establish justice, ensure domestic tranquillity, 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.
1. All legislative powers herein granted, shall be vested in a Congress of the United States, which shall consist of a Senate and a House of Representatives.
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 not, when elected, be an inhabitant of that State in which he shall be chosen.
3. Representatives and direct taxes shall be apportioned 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 meeting 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 choose three; Massachusetts eight; Rhode Island 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 Georgia three.
4. When vacancies happen in the representation from any State, the executive authority thereof shall issue writs of election to fill up such vacancies.
5. The House of Representatives shall choose their speaker and other officers, and shall have the sole power of impeachment.
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 first 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 appointment 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 choose 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, they shall be on oath or affirmation. When the 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 case of impeachment, shall not extend further than to removal from office, and disqualification to hold and enjoy any 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.
1. The times, places, and manners of holding 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 choosing 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.
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 business; but a smaller number may adjourn from day to day, and may be authorised 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 proceedings, punish its members for disorderly behaviour, 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, without 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.
1. 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 their attendance at the session of their respective houses, and in going to or 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 increased, 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.
1. All bills for raising revenue shall originate 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 originated, who shall enter the objection at large on their journal, and proceed to re-consider it. If, after such re-consideration, 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 the bill shall be entered on the journal of each House respectively. If any bill shall not be returned by the President within ten days (Sundays 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 concurrence 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, according to the rules and limitations prescribed in the case of a bill.
The Congress shall have power—
1. 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 a uniform rule of naturalisation, 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 fix the standard of weights and measures.
6. To provide for the punishment of counterfeiting the securities and current coin of the United States.
7. To establish post-offices and post-roads.
8. To promote the progress of science and useful arts, by securing, for limited times, to authors and inventors, the exclusive right to their respective writings and discoveries.
9. To constitute tribunals inferior to the supreme court: to define and punish piracies and felonies committed on the high seas, and offences against the law of nations.
10. To declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water.
11. To raise and support armies; but no appropriation of money to that use shall be for a longer term than two years.
12. To provide and maintain a navy.
13. To make rules for the government and regulation of the land and naval forces.
14. To provide for calling forth the militia to execute the laws of the Union, suppress insurrections, and repel invasions.
15. To provide for organising, arming, and disciplining 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 according to the discipline prescribed by Congress.
16. 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,
17. To make all laws which 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.
1. 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 exceeding ten dollars for each person.
2. 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, orex post factolaw, 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. No preference shall be given to 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.
6. No money shall be drawn from the treasury, but in consequence of appropriations made by law; and a regular statement and account of the receipts and expenditure of all public money shall be published from time to time.
7. 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.
1. No State shall enter into any treaty, alliance, or confederation; 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 factolaw, 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 absolutely necessary for executing its inspection laws; and the neat 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 control of the Congress. 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 of delay.
1. The executive power 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 appoint, 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 any 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 person having the greatest number of votes shall be President, if such number be a majority of the whole number of electors appointed; and if there be more than one who have such a majority, and have an equal number of votes, then the House of Representatives 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. But, in choosing 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 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 electors, 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 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.
6. 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 enter on the execution of his office, he shall take the following oath or affirmation:—
9. “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.”
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 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 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 commissions which shall expire at the end of their next session.
1. 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.
1. 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 crimes and misdemeanors.
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.
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 ministers and consuls; to all cases of admiralty and maritime jurisdiction; 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 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.
2. In all cases affecting ambassadors, other public ministers and consuls, and those in which a State shall be a party, the supreme court shall have original jurisdiction. 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.
3. 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 places as the Congress may by law have directed.
1. 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 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.
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.
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 has fled, be delivered up, to be removed to the State having jurisdiction of the crime.
3. 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 be delivered up on the claim of the party to whom such service or labour may be due.
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 consent 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 Constitution shall be so construed as to prejudice any claims of the United States, or of any particular State.
1. 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.
1. 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 of 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: that and no State, without its consent, shall be deprived of its equal suffrage in the Senate.
1. 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.
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, any thing 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 legislature, 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.
1. 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 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 Gorman, Rufus King.
Connecticut. William Samuel Johnson, Roger Sherman.
New York. Alexander Hamilton.
New Jersey. William Livingston, David Bearly, William Paterson, Jonathan Dayton.
Pennsylvania. Benjamin Franklin, Thomas Mafflin, Robert Morris, George Clymer, Thomas Fitzsimons, Jared Ingersoll, James Wilson, Governeur Morris.
Delaware. George Read, Gunning Bedford, Jun. John Dickenson, Richard Bassett, Jacob Broom.
Maryland. James McHenry, Daniel of St. Tho. Jenifer, Daniel Carrol.
Virginia. John Blair, James Madison, jun.
North Carolina. William Blount, Richard Dobbs Spaight, Hugh Williamson.
South Carolina. John Rutledge, Chas. Cotesworth Pinckney, Charles Pinckney, Pierce Butler.
Georgia. William Few, Abraham Baldwin.
(Attest,) William Jackson.
Art. 1. 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. 2. 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. 3. 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 prescribed by law.
Art. 4. 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.
Art. 5. 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; nor shall be compelled, in any criminal case, to be a 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. 6. 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. 7. 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 common law.
Art. 8. Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
Art. 9. The enumeration in the Constitution of certain rights shall not be construed to deny or disparage others retained by the people.
Art. 10. The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
Art. 11. 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.
Art. 12. 1. 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 name in their ballots the person voted for as President, and in distinct ballots the person 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 of the number be a majority of the whole number of electors appointed; and if no person have such a 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 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. 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, the Vice-President shall act as President, as in the case of the death, or other constitutional disability of the President.
2. 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.
3. But no person constitutionally ineligible to the office of President, shall be eligible to that of Vice-President of the United States.
Volume Three—Chapter One.Canada.Of what advantage are the Canadas to England?This question has been put to me, at least one hundred times since my return from America. It is argued that the Canadas produce and export nothing except timber, and that the protecting duty given to Canada timber is not only very severely felt by the mother-country, but very injurious to her foreign relations. These observations are undeniable; and I admit that, as a mere colony compelled to add to the wealth of England, (sending to her all her produce, and receiving from her all her supplies), Canada has been worth less than nothing. But, admitting this for the present, we will now examine whether there are no other grounds for the retention of the Canadas under our control.Colonies are of value to the mother-country in two ways. The first is already mentioned, and in that way, the present advantage of the Canadas as colonies is abandoned. The other great importance of colonies is, that they may be considered as outports, as stepping-stones, as it were, over the whole world; and for the present I shall examine into the value of these possessions merely in this point of view. We have many islands or colonies under our subjection which are in themselves not only valueless, but, moreover, extremely expensive to us; and if every colony or island is to be valued merely according to the produce and advantage derived from it by the mother-country, we must abandon Heligoland, Ascension, St. Helena, Malta, and, even Gibraltar itself. All these, and some others, are, in point of commerce, valueless; yet they add much to the security of the country and to our dominion of the seas. This will be admitted, and we must therefore now examine how far the Canadas may be considered as valuable under this second point of view.I have already shewn that the ambition for territory is one of the diseases, if I may use the term, of the American people. On that point they are insatiable, and that they covet the Canadas is undeniable. Let us inquire into the reasons why the Americans are so anxious to possess the Canadas.There are many. In the first place, they do not like to have a people subjected to a monarchial form of government as their neighbours; they do not like that security of person and property, and a just administration of the law, should be found in a thinly-peopled province, while they cannot obtain those advantages under their own institutions. It is a reproach to them. They continually taunt the Canadians that they are the only portion of the New World who have not thrown off the yoke—the only portion who are not yet free; and this taunt has not been without its effect upon the unthinking portion of the community. What is the cause of this unusual sympathy? The question is already answered.Another important reason which the Americans have for the possession of the Canadas is, that they are the means of easy retaliation on the part of England in case of aggression. They render them weak and assailable in case of war. Had they possession of the Canadas, and our other provinces, the United States would be almost invulnerable. As it is, they become defenceless to the north, and are moreover exposed to the attack of all the tribes of Indians concentrated on the western frontier. Indeed, they never will consider their territory as complete “in a ring fence,” as long as we have possession of the mouths of the St. Lawrence. They wish to be able to boast of an inland navigation from nearly the Equator to the Pole—from the entrance of the Mississippi to the exit of the St. Lawrence. Our possession of the Canadas is a check to their pride and ambition, which are both as boundless as the territory which they covet.But there are other reasons equally important. It is their anxiety to become a manufacturing as well as a producing nation. Their object is, that the north should manufacture what the south produces; and that, instead of commercial relations with England, as at present, that American cotton-manufactures should be borne in American bottoms over all the world. This they consider is the great ultimatum to be arrived at, and they look forward to it as the source of immense wealth and increased security to the Union, and of their wresting from England the sceptre and dominion of the seas.It may be said that the United States, if they want to become a manufacturing nation, havenowthe power; but such is not the case. Until they can completely shut out English manufactures, they have not. The price of labour is too dear. Should they increase the tariff, or duty, upon English goods, the Canadas and our other provinces will render their efforts useless, as we have a line of coast of upwards of 2,000 miles, by which we can introduce English goods to any amount by smuggling, and which it is impossible for the Americans to guard against; and as the West fills up, this importation of English goods would every year increase. As long, therefore, as we hold the Canadas, the Americans must be content to be a very inferior manufacturing nation to ourselves; and it may be added thatnoworneveris the time for the Americans to possess themselves of the Canadas. They perceive this; for when once the Western States gain the preponderance in wealth and power, which they will in a few years, the cause of the Eastern, or manufacturing States will be lost. The Western States will not quarrel with England on account of the Eastern, but will import our goods direct in exchange for their produce. They themselves cannot manufacture and they will go to market where they can purchase cheapest.But do the views of the Americans extend no further? Would they be satisfied if they obtained the Canadas? Most assuredly not. They are too vast in their ideas—too ambitious in their views. If Canada fell, Nova Scotia would fall, and they would obtain what they most covet—the harbour of Halifax. New Brunswick would fall, and they would have then driven us out of our Continental possessions. Would they stop then? No; they never would stop until they had driven the English to the other side of the Atlantic. Newfoundland and its fisheries would be their next prey; for it, as well as our other possessions, would then be defenceless. They would not leave us the West-Indies, although useless to them. Such is their object and their earnest desire—an increase of territory and power for themselves, and the humiliation of England. The very eagerness with which the Americans bring up this question on purpose that they may disavow their wishes, is one of the strongest proofs of their anxiety to blind us on the subject; but they will never lose sight of it; and if they thought they had any chance of success, there is no expense which they would not cheerfully incur, no war into which they would not enter. Let not the English be deceived by their asseverations. What I have now asserted isthe fact. The same spirit which has actuated them in dispossessing the Indians of territories which they cannot themselves populate, which prompted the “high-handed theft” of the Texas from Mexico, will induce them to adopt any pretext, as soon as they think they have a chance, to seize upon the Canadas and our other transatlantic possessions.If what I have stated be correct, and I am convinced of its truth myself, it will be evident that the Canadas, independent of every other consideration, become amost important outpostwhich we must defend and hold possession of. Let it be remembered that every loss to us, is an increase to the power of America—an increase to her security and to her maritime strength; that whatever her assertions may be, she is deadly hostile to us, from the very circumstance that she considers that we prevent her aggrandisement and prosperity. America can only rise to the zenith, which she would attain, by the fall of England, and every disaster to this country is to her a source of exultation. That there are many Americans of a contrary opinion I grant; that the city of New York would prefer the present amicable relations is certain; but I have here expressed the feelings of themajority, and it must be remembered that in America it is the majority who decide all questions.To prove that I am not too severe upon the Americans in the above remarks, let me refer to their own printed documents.The reader must be informed that the Canadian rebels, with their American auxiliaries, made incursions into our territory near the boundary-line, burnt the houses, took away the cattle, and left destitute those parties who were considered as loyal and well affected, or, in fact, those who refused to arm and join the rebels. When pursued by the militia, or other forces, the rebel parties hastened over the boundary-line, where they were secure under the American protection. This system of protection naturally irritated the loyal Canadians, who threatened to cross the boundary and attack the Americans in return. It was, however, only athreat, never being put in execution; but upon the strength of this threat, application was made to the Governor in the State of Vermont, requesting that the arms in the American arsenals might be supplied to the citizens for their protection. The Governor very properly refused, and issued a proclamation warning the citizens of Vermont not to interfere. This offended themajority, who forthwith called a meeting at St. Albans, the results of which were ordered to be printed and circulated. I have a copy of these reports and resolutions, from which I shall now give some extracts. Let it be observed that these are not the resolutions of a few lawless and undisciplined people, bordering on the lakes, as the sympathisers are stated to have been. The title of Honorable denotes that the parties are either Members of the State or Federal Governments; and, indeed, the parties whose names appear on the committee, are all of the first respectability in the State.“Meeting of the Freemen at St. Albans.“Agreeable to a notice circulated throughout the county, about forty-eight hours previous to the meeting, two thousand of the freemen from the different towns in the county assembled to take into consideration a recent proclamation of the Governor, and an extraordinary letter accompanying the same, and also to express their sentiments on Canadian affairs, especially such as have recently transpired in the neighbourhood of latitude forty-five degrees.“Jeptha Bradley, Esquire, of St. Albans, was called to the chair, and, agreeable to a resolve of the meeting, appointed theHon. SS Brown,Hon. Timothy Foster, and GW Kendall, Esquire, a committee to nominate officers.“The following gentlemen were nominated and appointed:—“Hon. Austin Fuller, of Enosburgh,President.“Vice Presidents.”Colonel SB Hazeltine,Bakersfield.÷Hon÷. Horace Eaton,Enosburgh.Doctor IS Webster,Berkshire.William Green, Esquire,Sheldon.Martin Wires, Esquire,Cambridge.÷Hon÷. Timothy Foster,Swanton.Secretaries.JJ Beardsley,Sheldon.Zoroaster Fisk,Swanton.“The following gentlemen were appointed a committee to prepare a report and resolutions for the meeting:—”Henry Adams, Esquire,St. Albans.NL Whittemore, Esquire,Swanton.RA Shattuck, Esquire,Sheldon.Bradley Barlow, Esquire,Fairfield.IB Bowdish, Esquire,Swanton.“The letter of certain citizens of Burlington, and the proclamation of his Excellency, Silas H. Jennison, were then read by the Secretary, JJ Beardsley, Esquire After the reading of the letter and the proclamation the meeting was addressed by several gentlemen, in an eloquent and impressive manner, and their remarks severally called forth great applause.“The committee, on resolutions by Henry Adams, Esquire, chairman, then presented the following report and resolutions, which wereunanimously adopted.”After having in the report stated that threats have been made, they then attack the legality of the Governor’s proclamation and conduct, as follows:—“The committee have no evidence to show that the execution of the threats above-mentioned, or that any invasion of the rights of American citizens, would knowingly be permitted by the existing government in Canada, or approved of by a majority of the citizens in the Canadian townships; but when they bear in mind that civil law is suspended in Canada, and in its place are substituted the summary proceedings of military courts and the capricious wills of petty military officers; when they consider the excited and embittered feelings which prevail along the frontier, and which some have studied to inflame, and also the character of a portion of the population which borders upon our territory, they deem it not improbable that acts of violence might be attempted, and even that a gang of marauders might be gathered together, and led to make some petty invasion into our territory, disturbing the public peace, and committing acts of outrage. If this be deemed improbable, still a state of suspense and doubt is not to be endured. Every family on the frontier should live in a state of undisturbed repose. The ability not only to resist aggression, but to redress injuries with summary justice, furnishes a certain, if not the only guarantee of perfect quiet.“With these views, at recent meetings of the people, a committee was appointed to wait upon the Governor and request the use of a part of the arms in the State arsenal. This request has been denied; and the reason assigned by his Excellency is, that he has doubts whether by law he can loan out the arms of the State to be used by the people of the State for their own defence. Without commenting on the technicalities which so much embarrass his Excellency, or inquiring into the wisdom of that construction of the law which infers, that because the State armsare to be kept fit for use, thereforethey are not to be used, the committee would beg leave respectfully to suggest to the people that, inasmuch as they are to receive no aid from the State, it is their duty at once to arm themselves, and to rely upon themselves.“While the governor has thus declined furnishing any aid for the security of the frontier, he has issued a proclamation enjoining upon the citizens of this State the observance of a strict neutrality between the hostile parties in Canada. The propriety of our Governor’s issuing a proclamation on an occasion like the present, merely advisory, may well be questioned. It neither creates any new obligations, nor adds force to those already resting on our citizens. When it is considered that our relations with foreign powers are solely confided to the general government, and that if the people of this State should boldly break the obligations of neutrality, the governor of the State has no power to restrain at to punish. It must be admitted, that a proclamation of neutrality issuing from our State executive seems to be over-stepping the proprieties of the office, and should be exercised, if at all, only in case of a general and glaring violation of the laws of nations; and even then it may reasonably be questioned whether the ordinary process of law would not be sufficient, and whether gratuitous advice to the people on the one hand, and gratuitous interference with the exclusive functions of the general government on the other, would become pertinent by being stamped with the official Seal of State. We are not aware of any express authority in our constitution or laws for the exercise of this novel mode of addressing the people; and it can only be justified on the ground, that the chief magistrate has something of fact or doctrine of importance to communicate, of which the people are supposed to be ignorant. In neither point of view is there any thing striking in this otherwise extraordinary document.“No facts are set forth before unknown to the public, except that a representation has been made to his Excellency that ‘hostile forces had been organised within this State,’ of which organisation our citizens areprofoundly ignorant.“To the doctrine of this proclamation,—that the declaration of martial law, by Lord Gosford, changes the relations between the United States and Canada, we cannot assent. Our relations with Great Britain and her colonies rest upon treaties, and the general law of nations, which, it is believed, her Majesty’s Governor in Chief of Lower Canada can neither enlarge nor restrict.“To assume that our citizens are ignorant of their rights and obligations as members of a neutral independent power, is to take for granted that they have forgotten the repeated infractions of those rights which have so often agitated our country since the adoption of Federal Constitution, which led to the late war with Great Britain, and which have given rise to claims of indemnity that are still due from various powers of Europe. Every page of the history of our country portrays violations of her neutral rights by the despotic and haughty powers of Europe, among whomEngland has ever been foremost. Your committee do not deem it necessary to enlarge upon this subject.”After the report came the resolutions, a portion of which I subjoin:—“Resolved—That the safety of the people is the supreme law, and we recommend to our citizens to arm themselves for the maintenance of this law.“Resolved—That the proclamation of martial law in Canada, and placing arms in the hands of people unaccustomed to their use, hostile to our institutions, and heated by intestine dissensions, have a direct tendency to disturb the peace of our citizens, and demands the immediate interference of the general government.“Resolved—That our government ought to take immediate measures to obtain redress for the injuries and insults perpetrated on our citizens by the people of Canada.“Resolved—That as friends of human liberty and human rights, we cannot restrain the expression of our sympathy, when we behold anoppressed and heroic people unfurl the banner of freedom.“Resolved—That we hope that time will soon come when the bayonet shall fail to sustain thelast relic of royaltywhich now lingers on the western continent.“Resolved—That we concur in the opinions which have been fully and freely expressed in the British parliament by eminentEnglish statesmen; that ‘in the ordinary course of things, Canada must soon be separated from the mother country.’“Resolved—That it is the duty of every independent American to aid in every possible manner, consistent with our laws, the exertions of the patriots in Lower Canada, against thetyranny, oppression, and misrule of a despotic government.”
Of what advantage are the Canadas to England?
This question has been put to me, at least one hundred times since my return from America. It is argued that the Canadas produce and export nothing except timber, and that the protecting duty given to Canada timber is not only very severely felt by the mother-country, but very injurious to her foreign relations. These observations are undeniable; and I admit that, as a mere colony compelled to add to the wealth of England, (sending to her all her produce, and receiving from her all her supplies), Canada has been worth less than nothing. But, admitting this for the present, we will now examine whether there are no other grounds for the retention of the Canadas under our control.
Colonies are of value to the mother-country in two ways. The first is already mentioned, and in that way, the present advantage of the Canadas as colonies is abandoned. The other great importance of colonies is, that they may be considered as outports, as stepping-stones, as it were, over the whole world; and for the present I shall examine into the value of these possessions merely in this point of view. We have many islands or colonies under our subjection which are in themselves not only valueless, but, moreover, extremely expensive to us; and if every colony or island is to be valued merely according to the produce and advantage derived from it by the mother-country, we must abandon Heligoland, Ascension, St. Helena, Malta, and, even Gibraltar itself. All these, and some others, are, in point of commerce, valueless; yet they add much to the security of the country and to our dominion of the seas. This will be admitted, and we must therefore now examine how far the Canadas may be considered as valuable under this second point of view.
I have already shewn that the ambition for territory is one of the diseases, if I may use the term, of the American people. On that point they are insatiable, and that they covet the Canadas is undeniable. Let us inquire into the reasons why the Americans are so anxious to possess the Canadas.
There are many. In the first place, they do not like to have a people subjected to a monarchial form of government as their neighbours; they do not like that security of person and property, and a just administration of the law, should be found in a thinly-peopled province, while they cannot obtain those advantages under their own institutions. It is a reproach to them. They continually taunt the Canadians that they are the only portion of the New World who have not thrown off the yoke—the only portion who are not yet free; and this taunt has not been without its effect upon the unthinking portion of the community. What is the cause of this unusual sympathy? The question is already answered.
Another important reason which the Americans have for the possession of the Canadas is, that they are the means of easy retaliation on the part of England in case of aggression. They render them weak and assailable in case of war. Had they possession of the Canadas, and our other provinces, the United States would be almost invulnerable. As it is, they become defenceless to the north, and are moreover exposed to the attack of all the tribes of Indians concentrated on the western frontier. Indeed, they never will consider their territory as complete “in a ring fence,” as long as we have possession of the mouths of the St. Lawrence. They wish to be able to boast of an inland navigation from nearly the Equator to the Pole—from the entrance of the Mississippi to the exit of the St. Lawrence. Our possession of the Canadas is a check to their pride and ambition, which are both as boundless as the territory which they covet.
But there are other reasons equally important. It is their anxiety to become a manufacturing as well as a producing nation. Their object is, that the north should manufacture what the south produces; and that, instead of commercial relations with England, as at present, that American cotton-manufactures should be borne in American bottoms over all the world. This they consider is the great ultimatum to be arrived at, and they look forward to it as the source of immense wealth and increased security to the Union, and of their wresting from England the sceptre and dominion of the seas.
It may be said that the United States, if they want to become a manufacturing nation, havenowthe power; but such is not the case. Until they can completely shut out English manufactures, they have not. The price of labour is too dear. Should they increase the tariff, or duty, upon English goods, the Canadas and our other provinces will render their efforts useless, as we have a line of coast of upwards of 2,000 miles, by which we can introduce English goods to any amount by smuggling, and which it is impossible for the Americans to guard against; and as the West fills up, this importation of English goods would every year increase. As long, therefore, as we hold the Canadas, the Americans must be content to be a very inferior manufacturing nation to ourselves; and it may be added thatnoworneveris the time for the Americans to possess themselves of the Canadas. They perceive this; for when once the Western States gain the preponderance in wealth and power, which they will in a few years, the cause of the Eastern, or manufacturing States will be lost. The Western States will not quarrel with England on account of the Eastern, but will import our goods direct in exchange for their produce. They themselves cannot manufacture and they will go to market where they can purchase cheapest.
But do the views of the Americans extend no further? Would they be satisfied if they obtained the Canadas? Most assuredly not. They are too vast in their ideas—too ambitious in their views. If Canada fell, Nova Scotia would fall, and they would obtain what they most covet—the harbour of Halifax. New Brunswick would fall, and they would have then driven us out of our Continental possessions. Would they stop then? No; they never would stop until they had driven the English to the other side of the Atlantic. Newfoundland and its fisheries would be their next prey; for it, as well as our other possessions, would then be defenceless. They would not leave us the West-Indies, although useless to them. Such is their object and their earnest desire—an increase of territory and power for themselves, and the humiliation of England. The very eagerness with which the Americans bring up this question on purpose that they may disavow their wishes, is one of the strongest proofs of their anxiety to blind us on the subject; but they will never lose sight of it; and if they thought they had any chance of success, there is no expense which they would not cheerfully incur, no war into which they would not enter. Let not the English be deceived by their asseverations. What I have now asserted isthe fact. The same spirit which has actuated them in dispossessing the Indians of territories which they cannot themselves populate, which prompted the “high-handed theft” of the Texas from Mexico, will induce them to adopt any pretext, as soon as they think they have a chance, to seize upon the Canadas and our other transatlantic possessions.
If what I have stated be correct, and I am convinced of its truth myself, it will be evident that the Canadas, independent of every other consideration, become amost important outpostwhich we must defend and hold possession of. Let it be remembered that every loss to us, is an increase to the power of America—an increase to her security and to her maritime strength; that whatever her assertions may be, she is deadly hostile to us, from the very circumstance that she considers that we prevent her aggrandisement and prosperity. America can only rise to the zenith, which she would attain, by the fall of England, and every disaster to this country is to her a source of exultation. That there are many Americans of a contrary opinion I grant; that the city of New York would prefer the present amicable relations is certain; but I have here expressed the feelings of themajority, and it must be remembered that in America it is the majority who decide all questions.
To prove that I am not too severe upon the Americans in the above remarks, let me refer to their own printed documents.
The reader must be informed that the Canadian rebels, with their American auxiliaries, made incursions into our territory near the boundary-line, burnt the houses, took away the cattle, and left destitute those parties who were considered as loyal and well affected, or, in fact, those who refused to arm and join the rebels. When pursued by the militia, or other forces, the rebel parties hastened over the boundary-line, where they were secure under the American protection. This system of protection naturally irritated the loyal Canadians, who threatened to cross the boundary and attack the Americans in return. It was, however, only athreat, never being put in execution; but upon the strength of this threat, application was made to the Governor in the State of Vermont, requesting that the arms in the American arsenals might be supplied to the citizens for their protection. The Governor very properly refused, and issued a proclamation warning the citizens of Vermont not to interfere. This offended themajority, who forthwith called a meeting at St. Albans, the results of which were ordered to be printed and circulated. I have a copy of these reports and resolutions, from which I shall now give some extracts. Let it be observed that these are not the resolutions of a few lawless and undisciplined people, bordering on the lakes, as the sympathisers are stated to have been. The title of Honorable denotes that the parties are either Members of the State or Federal Governments; and, indeed, the parties whose names appear on the committee, are all of the first respectability in the State.
“Meeting of the Freemen at St. Albans.
“Agreeable to a notice circulated throughout the county, about forty-eight hours previous to the meeting, two thousand of the freemen from the different towns in the county assembled to take into consideration a recent proclamation of the Governor, and an extraordinary letter accompanying the same, and also to express their sentiments on Canadian affairs, especially such as have recently transpired in the neighbourhood of latitude forty-five degrees.
“Jeptha Bradley, Esquire, of St. Albans, was called to the chair, and, agreeable to a resolve of the meeting, appointed theHon. SS Brown,Hon. Timothy Foster, and GW Kendall, Esquire, a committee to nominate officers.
“The following gentlemen were nominated and appointed:—
“Hon. Austin Fuller, of Enosburgh,President.
“Vice Presidents.”
Secretaries.
“The following gentlemen were appointed a committee to prepare a report and resolutions for the meeting:—”
“The letter of certain citizens of Burlington, and the proclamation of his Excellency, Silas H. Jennison, were then read by the Secretary, JJ Beardsley, Esquire After the reading of the letter and the proclamation the meeting was addressed by several gentlemen, in an eloquent and impressive manner, and their remarks severally called forth great applause.
“The committee, on resolutions by Henry Adams, Esquire, chairman, then presented the following report and resolutions, which wereunanimously adopted.”
After having in the report stated that threats have been made, they then attack the legality of the Governor’s proclamation and conduct, as follows:—
“The committee have no evidence to show that the execution of the threats above-mentioned, or that any invasion of the rights of American citizens, would knowingly be permitted by the existing government in Canada, or approved of by a majority of the citizens in the Canadian townships; but when they bear in mind that civil law is suspended in Canada, and in its place are substituted the summary proceedings of military courts and the capricious wills of petty military officers; when they consider the excited and embittered feelings which prevail along the frontier, and which some have studied to inflame, and also the character of a portion of the population which borders upon our territory, they deem it not improbable that acts of violence might be attempted, and even that a gang of marauders might be gathered together, and led to make some petty invasion into our territory, disturbing the public peace, and committing acts of outrage. If this be deemed improbable, still a state of suspense and doubt is not to be endured. Every family on the frontier should live in a state of undisturbed repose. The ability not only to resist aggression, but to redress injuries with summary justice, furnishes a certain, if not the only guarantee of perfect quiet.
“With these views, at recent meetings of the people, a committee was appointed to wait upon the Governor and request the use of a part of the arms in the State arsenal. This request has been denied; and the reason assigned by his Excellency is, that he has doubts whether by law he can loan out the arms of the State to be used by the people of the State for their own defence. Without commenting on the technicalities which so much embarrass his Excellency, or inquiring into the wisdom of that construction of the law which infers, that because the State armsare to be kept fit for use, thereforethey are not to be used, the committee would beg leave respectfully to suggest to the people that, inasmuch as they are to receive no aid from the State, it is their duty at once to arm themselves, and to rely upon themselves.
“While the governor has thus declined furnishing any aid for the security of the frontier, he has issued a proclamation enjoining upon the citizens of this State the observance of a strict neutrality between the hostile parties in Canada. The propriety of our Governor’s issuing a proclamation on an occasion like the present, merely advisory, may well be questioned. It neither creates any new obligations, nor adds force to those already resting on our citizens. When it is considered that our relations with foreign powers are solely confided to the general government, and that if the people of this State should boldly break the obligations of neutrality, the governor of the State has no power to restrain at to punish. It must be admitted, that a proclamation of neutrality issuing from our State executive seems to be over-stepping the proprieties of the office, and should be exercised, if at all, only in case of a general and glaring violation of the laws of nations; and even then it may reasonably be questioned whether the ordinary process of law would not be sufficient, and whether gratuitous advice to the people on the one hand, and gratuitous interference with the exclusive functions of the general government on the other, would become pertinent by being stamped with the official Seal of State. We are not aware of any express authority in our constitution or laws for the exercise of this novel mode of addressing the people; and it can only be justified on the ground, that the chief magistrate has something of fact or doctrine of importance to communicate, of which the people are supposed to be ignorant. In neither point of view is there any thing striking in this otherwise extraordinary document.
“No facts are set forth before unknown to the public, except that a representation has been made to his Excellency that ‘hostile forces had been organised within this State,’ of which organisation our citizens areprofoundly ignorant.
“To the doctrine of this proclamation,—that the declaration of martial law, by Lord Gosford, changes the relations between the United States and Canada, we cannot assent. Our relations with Great Britain and her colonies rest upon treaties, and the general law of nations, which, it is believed, her Majesty’s Governor in Chief of Lower Canada can neither enlarge nor restrict.
“To assume that our citizens are ignorant of their rights and obligations as members of a neutral independent power, is to take for granted that they have forgotten the repeated infractions of those rights which have so often agitated our country since the adoption of Federal Constitution, which led to the late war with Great Britain, and which have given rise to claims of indemnity that are still due from various powers of Europe. Every page of the history of our country portrays violations of her neutral rights by the despotic and haughty powers of Europe, among whomEngland has ever been foremost. Your committee do not deem it necessary to enlarge upon this subject.”
After the report came the resolutions, a portion of which I subjoin:—
“Resolved—That the safety of the people is the supreme law, and we recommend to our citizens to arm themselves for the maintenance of this law.
“Resolved—That the proclamation of martial law in Canada, and placing arms in the hands of people unaccustomed to their use, hostile to our institutions, and heated by intestine dissensions, have a direct tendency to disturb the peace of our citizens, and demands the immediate interference of the general government.
“Resolved—That our government ought to take immediate measures to obtain redress for the injuries and insults perpetrated on our citizens by the people of Canada.
“Resolved—That as friends of human liberty and human rights, we cannot restrain the expression of our sympathy, when we behold anoppressed and heroic people unfurl the banner of freedom.
“Resolved—That we hope that time will soon come when the bayonet shall fail to sustain thelast relic of royaltywhich now lingers on the western continent.
“Resolved—That we concur in the opinions which have been fully and freely expressed in the British parliament by eminentEnglish statesmen; that ‘in the ordinary course of things, Canada must soon be separated from the mother country.’
“Resolved—That it is the duty of every independent American to aid in every possible manner, consistent with our laws, the exertions of the patriots in Lower Canada, against thetyranny, oppression, and misrule of a despotic government.”