IX. The name of him who makes, and the name of him who seconds a motion, shall be entered on the min utes. X. No member shall speak more than twice to a question, without leave. XI. Every member of a committee shall attend at the call of his chairman. XII. The yeas and nays may be called and entered on the minutes, when any two members require it. On motion of Mr. M'Kean, seconded by Mr. Smilie, Ordered, that the doors of the Convention be left open during the session. On motion of Mr. M'Kean, seconded by Mr. Smilie, Ordered, That the constitution, as proposed by the late Federal Convention, be read. It was read accordingly. On motion of Mr. Wilson, seconded by Mr. Yeates, It was made a rule of the Convention to meet at ten o'clock, A, M. Ordered, That the seats on the right and left of the President be reserved for members of Congress and of the Supreme Executive Council. Letters from Messieurs Hall & Sellers, and Messieurs Pritchard & Hall, respectively requesting to be appointed printers to the Convention were read. On motion of Mr. Chambers, seconded by Mr. M. Pherson, The Convention proceeded to elect a printer; the ballots being taken, it appeared that Messieurs Hall & Sellers were duly elected. On motion of Mr. Rush, seconded by Mr. Arndt, Ordered, That Mr. Steiner be directed to print the German copies. On motion of Mr. M'Kean, seconded by Mr. Hubley, Ordered, That the number of English copies be 3000, the number of German 2000. On motion, Ordered, That the President be directed to draw on the Treasurer, in favor of the Secretary, for the sum of One Hundred Dollars, to enable him to defray the contingent expences of the Convention, he to be accountable. Saturday, Nov, 24, 1787, A. M. On motion of Mr. M'Kean, seconded by Mr. Hannum, The constitution, as proposed by the late Convention was read a second time, together with a letter from On motion of Mr. R. Whitehill, seconded by Mr. Linthe Secretary of Congress to the President of this state. coln, to add to the 12th rule of this Convention the fol It was moved by Mr. M'Kean, and seconded by Mr. lowing words. viz.-"Any member shall have a right to Allison, en'er the reasons of his vote on the minutes on the genThat this Convention do assent to and ratify the con-eral question, viz. Whether this Convention will assent stitution agreed to on the 17th of September last, by to and ratify the constitution submitted to their considethe Convention of the United States of America, held at ration?"-the question being put, the Yeas and Nays Philadelphia. were called by Mr. Smilie and Mr. Whitehill, and were as follow: Monday, Nov. 26, 1787, P. M. That this Covention do now proceed to consider the On this question being put, it was repealed. It was moved by Mr. R. Whitehill, seconded by Mr. Lincoln. That the further consideration of the question now before the Convention be postponed, in order to introduce the following, viz: That this Convention resolve itself into a committee of the whole, for the purpose of investigating and considering the aforesaid constitution by articles and sections, and to make report thereon. And the question being put, the Yeas and Nays were called by Mr. R. Whitehill and Mr. Lincoln, and were as follow. YEAS. John Whitehill, John Harris, John Reynolds, Robert Whitehill, Jonathan Hoge, Nicholas Lutz, John Ludwig, Abraham Lincoln, John Bishop, Joseph Heister, James Martin, Joseph Powell, William Findley, John Baird, William Todd, James Marshall, James Edgar, Thomas Scott, Nathaniel Breading, John Smilie, Richard Bard, William Brown, Adam Orth, John Andre Hanna.-24. NAYS. George Latimer, Benjamin Rush, Hilary Baker, James Wilson, Thomas M'Kean, William M'Pherson, John Hunn, George Gray, Samuel Ashmead, Enoch Edwards, Henry Wynkoop, John Barclay, Thomas Yardley, AbrahamStout, Thomas Bull, Anthony Wayne, William Gibbons, Richard Downing, Thomas Cheyney, John Hannum, Stephen Chambers, Robert Coleman, Sebastian Graff, John Hubley, Jasper Yeates, Henry Slagle, Thomas Campbell, Thomas Hartley, DavidGrier, John Black, Benjamin Pedan, John Arndt, Stephen Balliot, Joseph Horsefield, David Deshler, William Wilson, John Boyd, John Nevill, John Allison, Jonathan Roberts, John Richards, Frederick A. Muhlenberg, James Morris, Timothy Pickering.-44. So it was determined in the negative. Tuesday, Nov. 27, 1787, A. M. On motion of Mr. Rush, seconded by Mr. Allison, YEAS. John Whitehill, John Harris, John Reynolds, Robert Whitehill, Jonathan Hoge, Nicholas Lutz, John Ludwig, Abraham Lincoln, John Bishop, James Martin, Joseph Powell, John Baird, William Todd, James Marshall, James Edgar, Nathaniel Breading, John Smilie, Richard Bard, John Richards, William Brown, Adam Orth, John Andre Hanna.-22. NAYS. George Latimer, Benjamin Rush, HilaryBa ker, James Wilson, Thomas M'Kean, William M'Pherson, John Hunn, George Gray, Samuel Ashmead, Enoch Edwards, Henry Wynkoop, John Barclay, Thomas Yardley, Abraham Stout, Thomas Bull, Anthony Wayne, William Gibbons, Richard Downing, Thomas Cheyney, John Hannum, Stephen Chambers, Robert Coleman, Sebastian Graff, John Hubley, Jasper Yeates, Henry Slagle, ThomasCampbell, Thomas Hartley, David Grier, John Black, Benjamin Pedan, John Arndt, Stephen Bailiot, Joseph Horsefield, David Deshler, William Wilson, John Boyd, Thomas Scott, John Nevill, John Allison, Jonathan Roberts, Frederick A. Muhlenberg, James Morris, Benjamin Elliott -44. So it was determined in the negative, The original question being then put, viz.-"Will this The Convention then proceeded to consider the first article, and after some debate, Adjourned until ten o'clock to-morrow, A. M. Wednesday, Nov. 28, 1787. A.M. The Convention met pursuant to adjournment. The president laid before the convention a letter from the Ministers and Vestry of the German Lutheran Congregation, requesting the attendance of this convention at Sion church to-morrow, at nine o'clock, to an examination of the pupils in the German language, &c. Agreed, That the convention do attend. The convention resumed the consideration of the first article of the proposed constitution, and after some debate on the subject of a bill of rights, and the extent of the legislative powers contained in the first article. Adjourned until ten o'clock on Friday next, A.M. The convention met pursuant to adjournment, rate of representation prescribed in it, on the eventual operation of the powers therein granted to Congress, upon the state governments, and on the time for which revenues may be appropriated, Adjourned until ten o'clock to-morrow, A.M. Saturday, Dec. 1, 1787. A. M. The convention met pursuant to adjournment, And resumed the consideration of the first article of the proposed constitution. After some debate on the liberty of the press, and on the legislative, executive and judicial powers of the new government, it was agreed, On motion of Mr. Edwards, seconded by Mr. Wilson, That the convention, from and after Monday next, will meet twice a day, viz. at half after nine o'clock in the morning, and half after four o'clock in the afternoon. Adjourned until three o'clock on Monday next, A.M. Monday, Dec. 3, 1787. P.M. The convention met pursuant to adjournment. And resumed the consideration of the first article of the proposed constitution. After some debate on the power vested in the president, by and with the consent and advice of two thirds of the Senate, to make obligatory treaties, and a comparison of this power with the first clause of the first article, and after some enquiry into the ninth section of the first article, adjourned. Tuesday, Dec. 4, 1787. A.M. The convention resumed the consideration of the first article of the proposed constitution. The President submitted to the convention, whether the system under their consideration will not meet with a more full and expeditious investigation, by a general statement of the objections to it, and a subsequent reply to those objections. After some debate adjourned. Eodem Die. P.M. 259 remaining articles of the proposed constitution, and after some debate, adjourned. Eodem Die. P.M. The convention resumed the consideration of the pros posed constitution, and after some enquiry into the' principles, constitution, and probable operation of the new government, adjourned. Wednesday, Dec. 12, 1787. A.M. The convention resumed the consideration of the remaining articles of the proposed constitution, and after some debate, adjourned. Eodem Die. P.M. The convention resumed the consideration of the res maining articles of the proposed constitution. Petitions from sundry inhabitants of the county of Cumberland, praying that the proposed constitution may not be adopted without amendments, &c. were read, and ordered to lie on the table. It was moved by Mr. Whitehill, and seconded by Mr. Findley, "That this convention do adjourn until day of next, to meet in the city of Philadelphia, in order that the propositions for amending the proposed constitution may be considered by the people of this state, that we may have an opportunity of knowing what amendments or alterations may be proposed by the oth er states, and that these propositions, together with such other amendments as may be proposed by other states, may be offered to congress, and taken into consideras tion by the United States, before the proposed consti tution shall be finally ratified." The question being but, the Yeas and Nays were cal led by Mr. Smilie and Mr. Chambers, and were as fol low. Yeas-John Whitehill, John Harris, John Reynolds, Robert Whitehill, Jonathan Hoge, Nicholas Lutz, John Ludwig, Abraham Lincoln, John Bishop, Joseph lleister, James Martin, Joseph Powell, William Findley, John Baird, William Todd, James Marshall, James Ed gar, Nathaniel Breading, John Smilie, Richard Bard, William Brown, Adam Orth, John A. Hanna. Resumed the consideration of the first article of the proposed constitution, and after some debate adjourned. Wednesday, Dec. 5, 1787. A.M. The convention resumed the consideration of the first article of the proposed constitution. After some enquiry into the qualified negative of the President, and the Nays.-George Latimer, Benjamin Rush, Hilary Ba general construction of the new government, adjourned.ker, James Wilson, Thomas M'Kean, William M'Pher son, John Hunn, George Gray, Samuel Ashmead, Enoch Edwards, Henry Winkoop, John Barclay, Thomas Yard Eodem Die. P.M. The convention resumed the consideration of the first article of the proposed constitution, and after some de-ley, Abraham Stout, Thomas Bull, Anthony Wayne, bate adjourned. Thursday, Dec. 6, 1787. A.M. The convention resumed the consideration of the first article of the proposed constitution. After some debate on the powers vested in Congress to raise and support armies, to organise and superintend the militia, to regulate elections, and on the responsibility of Congress in the exercise of these powers, adjourned. Friday, Dec. 7, 1787. A.M. On motion of Mr. Chambers, seconded by Mr. Wilson, The convention proceeded to the consideration of the remaining articles of the proposed constitution; and after some enquiry into the construction and power of the judiciary department, adjourned. Saturday, Dec. 8, 1787. A. M. The convention resumed the consideration of the remaining articles, and after some debate, adjourned. Monday, Dec. 10, 1787. P.M. The convention resumed the consideration of the remaining articles of the proposed constitution, and after some debate, adjourned. Tuesday, Dec 11, 1787. A.M. Petitions from sundry inhabitants and landholders of the county of Philadelphia [offering the said county, or any part thereof, for the seat of the general Government, and for the exclusive legislation of Congress] were read; also petitions from sundry inhabitants of the county of Philadelphia, Bucks and Montgomery, offering a tract of country, situated between Pennipack and Neshaminey creeks, on the west side of the river Delaware, for the above purposes. Ordered to lie on the table. The convention then resumed the consideration of the William Gibbons, Richard Downing, Thomas Cheyney, John Hannum, Stephen Chambers, Robert Coleman, Sebastian Graff, John Hubley, Jasper Yeates, Henry Sla】 gle, Thomas Campbell, Thomas Hartly, David Grier, John Black, Benjamin Pedan, John Arndt, Stephen Balliott, Joseph Horsfield, David Deshler, William Wilson, John Boyd, Thomas Scott, John Nevill, John Allison, Jonathan Roberts, John Richards, Frederick A. Muhlenberg, James Morris, Timothy Pickering, Benjamin Elliott. So it was negatived. On motion of Mr. Hartley, seconded by Mr. Cham burs, The original question, as moved by Mr. M'Kean, viz: "Will this conventien assent to and ratify the constitution agreed to on the 17th of September last, by the convention of the United States of America, held in Philadelphia?"—w -was put. The Yeas and Nays were called by Mr. Smilie and Mr. Yeates, and are as follow. Yeas-George Latimer, Benjamin Rush, Hilary Ba ker, James Wilson, Thomas M'Kean, William M⭑Pher son, John Hunn, George Gray, Samuel Ashmead, Enoch Edwards, H.Wynkoop, John Barclay, Thomas Yardley, Abraham Stout, Thomas Bull, Anthony Wayne, William Gibbons, Richard Downing, Thomas Cheyney, John Hannum, Stephen Chambers, Robert Coleman, Sebastian Graff, John Hubley Jasper Yeates, Henry Slagle, Thomas Campell, Thomas Hartley, David Grier, John Black, Benjamin Pedan, John Arndt, Stephen Balliott, J. Horsfield, David Deshler, William Wilson, John Boyd, Thomas Scott, John Nevill, John Allison, Jonathan Rob erts, John Richards, Frederick A. Muhlenberg, James Morris, Timothy Pickering, Benjamin Elliott. Nays.-John Whitehill, John Harris, John Reynolds, Robert Whitehill, Jonathan Hoge, Nicholas Lutz, John Ludwig, Abrahan Lincoln, John Bishop, Joseph Heister, James Martin, Joseph Powell, William Findley, John Baird, William Todd, James Marshall, James Edgar, Nathaniel Breading, John Sinilie, Richard Bard, William Brown, Adam Orth, John Andre Hanna. Rhode Island and Providence Plantations one, Connecticut five,New-York sx, New-Jersey four, Pennsylvania eight, Delaware one, Maryland six, Virginia ten, NorthCarolina five, South-Carolina five, and Georgia three. When vacancies happen in the representation from any state, the executive authority thereof shall issue writs of election to fill such vacancies. The Vice-president of the United States shall be President of the Senate, but shall have no vote, unless they be equally divided. The Senate shall choose their other officers, and also a President pro tempore, in the absence of the VicePresident, or when he shall exercise the office of President of the United States. The Senate shall have the sole power to try all impeachments. When sitting for that purpose, they thall 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 concur rence of two thirds of the members present. So it was carried in the affirmative. Ordered, that Mr. Wilson, Mr. M'Kean and Mr. Yeates be a committee, to prepare and report a form of ratification. Ordered, that the Secretary have the Constitution, and the ratification of it, engrossed on parchment, an original and a duplicate. On motion of Mr. M'Kean, seconded by Mr. Chambers, Resolved, that this convention will proceed in a body to-morrow at twelve o'clock, to the Court House, where the ratification of the Constitution shall be publicly read, and that the Honorable the Supreme Executive Coun cil be requested to attend the procession, and to make the necessary arrangements for announcing this ratification to the people. Adjourned until half past nine o'clock to-morrow,A.M. Thursday, Dec. 13, 1787. A. M. The committee appointed to draft a form of ratification made report. The House of representatives shall choose their speak. er and other officers; and shall have the sole power of impeachment. Sec. 3. 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. Immediately after they shall be assembled in consequence of the election, they shall be divided as equally as may be into three classes. The seats of the senators of the first class shall be vacated at the expiration of the second year, of the second class at the expiration of the fourth year, and of the third class at the expiration of the sixth year, so that one third may be chosen every second year; and if vacancies happen, by resignation or otherwise, during the recess of the legislature of any state, the executive thereof may make temporary appointments until the next meeting of the legislature, which shall then fill such vacancies. 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 The convention then proceeded (agreeably to the re-elected, be an inhabitant of that state for which he shall solution of yesterday) to the Court House, where the be chosen. ratification was publicly read. The convention, returned, and subscribed the ratifica- That the Secretary deliver to the master of the rolls WE, the People of the United States, in order to form a more perfect union, establish justice, insure domestic tranquillity, provide for the common defence, promote the general welfare, and secure the b'essings of Judgement, in cases of impeachment, shall not exliberty to ourselves and our posterity, do ordain and e-tend further than to removal from office, and disqualifistablish this Constitution for the United States of Amer- cation to hold and enjoy any office of honor, trust or profit, under the United States; but the party convicted shall nevertheless be liable and subject to indictment, trial, judgment and punishment, according to law. ica. ARTICLE. I. Section 1. ALL legislative powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives. Sec. 2. The House of Representatives shall be composed of members chosen every second year by the people of the several states, and the elections in each state shall have the qualifications requisite for electors of the most numerous branch of the state legistature. No person shall be a representative, who shall not have attained 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. 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 Jaw direct. The number of representatives shall not cxceed 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, Sec. 4. The times, places and manner 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. The Congress shall assemble at least once in every year, and such meeting shall be on the first Monday in Decr. unless they shall by law appoint a different day. Sec. 5. 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 authorized to compel the attendance of absent members, in such manner, and under such penalties, as each house may provide. 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. Fach house shall keep a journal of its proceedings, and from time to time publish he 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 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. 1829.) CONVENTION OF PENNSYLVANIA. 261 Sect. 6. The senators and representatives shall re. money to that use shall be for a longer term than 2 years; ceive a compensation for their services, to be ascertain- To provide and maintain a navy; ed by law, and paid out of the treasury of the United To make rules for the government and regulation of States. They shall in all cases, except treason, felony the land and naval forces; and breach of the peace, be privileged from arrest du- To provide for calling forth the militia to execute the ring their attendance at the session of their respective laws of the union, suppress insurrection,&repel invasions; houses, and in going to and returning from the same; To provide for organizing, arming, and disciplining and for any speech or debate, in either house, they shall the militia, and for governing such part of them as may not be questioned in any other place. be employed in the service of the United States; reservNo senator or representative shall, during the time ing to the states, respectively, the appointment of the for which he was elected, be appointed to any civil of. officers, and the authority of training the militia accordfice under the authority of the United States, which ing to the discipline prescribed by Congress; shall have been created, or the emoluments whereof To exercise exclusive legislation, in all cases whatsoshall have been increased during such time; and no per- ever, over such district, (not exceeding 10 miles square) son holding any office under the United States shall be as may, by cession of particular states, and the accepta member of either house during his continuance in of- ance of Congress, become the seat of the government of fice. the United States; and to exercise like authority over all Sect. 7. All bills for raising revenue shall originate places purchased by the consent of the legislature of the in the house of representatives; but the senate may pro- state in which the same shall be, for the erection of forts, pose or concur with amendments, as on other bills. magazines, arsenals, dock-yards, and other needful Every bill which shall have passed the house of re. buildings;- And presentatives and the senate shall, before it becomes a To make all laws which shall be necessary and proper law, be presented to the president of the United States; for carrying into execution the foregoing powers, and all if he approve, he shall sign it; but if not, he sball re- other powers vested by this constitution in the governturn it, with his objections, to that house in which it ment of the U.S., or in any department or officer thereof. shall have originated, who shall enter the objections at Sect. 9. The migration or importation of such per. large on their journal, and proceed to re-consider it. If, sons as any of the states now existing sball think proper after such reconsideration, two thirds of that house shall to admit, shall not be prohibited by the Congress prior agree to pass the bill, it shall be sent, together with the to the year one thousand eight hundred and eight; but objections, to the other house, by which it shall like a tax or duty may be imposed on such importation, not wise be reconsidered, and, if approved by two-thirds of exceeding ten dollars for each person. that house, it shall become a law. But in all such ca- The privilege of the writ of habeas corpus shall not be ses, the votes of both houses shall be determined by suspended, unless when in cases of rebellion or invasion yeas and nays, and the names of the persons voting for the public safety may require it. and against the bill shall be entered on the journal of No bill of attainder or ex post facto law shall be passed. each house respectively: . If any bill shall not be retur- No capitation or other direct tax shall be laid, unless ned by the President within ten days (Sundays except in proportion to the census or enumeration herein beed) after it shall have been presented to him, the same fore directed to be taken. shall be a law, in like manner as if he had signed it, un. No tax or duty shall be laid on articles exported from less the Congress, by their adjournment, prevents its re- any state. No preference shall be given by any regulaturn, in which case it shall not be a law. tion of commerce or revenue to the ports of one stare Every order, resolution or vote, to which the concur- over those of another; nor shall vessels bound to, or rence of the senate and house of representatives may be from, one state, be obliged to enter, clear, or pay duties necessary (except on a question of adjournment) shall in another. be presented to the President of the United States, and, No money shall be drawn from the treasury, but in before the same shall take effect, shall be approved by consequence of appropriations made by law; and a reghim, or, being disapproved by him, shall be re-passed ular statement and account of the receipts and expendi. by two-thirds of the senate and house of representatives, tures of all public money shall be published from time to according to the rules and limitations prescribed in the time. case of a bill. No title of nobility shall be granted by the U. Slates: Sect. 8. Tho Congress shall have power And no person holding any office of profit or trust under To lay and collect taxes, duties, imposts and excises, them shall, without the consent of the Congress, accept to pay the debts, and provide for the common defence of any present, emolument, office, or title, of any kind and general welfare of the United States; but all du- whatever, from any king, prince, or foreign state. ties, imposts and excises, shall be uniform throughout Sect. 10. No staie shall enter into any treaty, alliance the United States; or confederation; grant letters of marque and reprisal; To borrow money on the credit of the United States; coin money; emit bills of credit; make any thing but gold To regulate commerce with foreign nations, & among and silver coin a tender in payment of debts; pass any the several states, and with the Indian tribes; bills of attainder, ex post faclo law, or law impairing the To establish an uniform rule of naturalization, and uni- obligațion of contracts, or grant any title of nobility. form laws on the subject of bankruptcies, throughout No state shall, without the consent of Congress, lay the United States; any impost or duties on imports or exports, except what To coin money, regulate the value thereof, and of for. may be absolutely necessary for executing its inspection eign coin, and fix the standard of weights and measures; laws; and the nett produce of all duties and imposts laid To provide for the punishment of counterfeiting the by any state on imports or exports shall be for the securities and current coin of the United States; use of the treasury of the United States; and all such To establish post-offices and post-roads; laws shall be subject to the revision and control of the To promote the progress of science and useful arts, Congress. No state shall, without the consent of Conby securing for limited times, to authors and inventors, gress, lay any duty of tonnage, keep troops or ships of the exclusive right to their respective writings and dis- war in time of peace, enter into any agreement or comcoveries; pact with another state, or with a foreign power, or enTo constitute tribunals inferior to the supreme court; gage in war, unless actually invaded, or in such immi To define and punish piracies and felonies committed nent danger as will not admit of delay. on the high seas, and offences against the law of nations; ARTICLE II. To declare war, grant letters of marque and reprisal, Sect. 1. The executive power shall be vested in a and make rules concerning captures on land and water; President of the United States of America. He shall To raise and support armies, but no appropriation of I hold his office during the term of four years, and, togeth. . 3 er with the Vice-President, chosen for the same term, He shall have power, by and with the advice and conbe elected as follows: sent of the Senate, to make treaties, provided two-thirds Each state shall appoint, in such manner as the legis of the Senators present concur; and be shall nominate, lature thereof may direct, a number of electors, equal to and, by and with the advice and consent of the Senate, the whole number of Senators and Representatives to shall appoint Ambassadors, other public Ministers and which the state may be entitled in the Congress: But Consuls, Judges of the supreme court, and all other ofti no Senator or Representative, or person holding an of- cers of the United States, whose appointments are not fice of trust or profit under the United States, shall be herein otherwise provided for, and which shall be estabappointed an elector. lished by law: But the Congress may by law vest the "The electors shall meet in their respective states, and appointment of such inferior officers as they think provote by ballot for two persons, of whom one at least per in the President alone, in the courts of law, or in shail not be an inhabitant of the same state with them the heads of departments. selves. And they shall make a list of all the persons vo- The President shall have power to fill up all vacanted for, and of the number of votes for each; which list cies that may happen during the recess of the Senate, they shall sign and certify, and transmit sealed to the by granting commissions, which shall expire at the end seat of the government of the United States, directed to of their next session. the President of the Senate. The President of the Sen: Sec. 3. He shall from time to time give to the Con. ate shall, in the presence of the Senate and House of gress information of the state of the union, and recomRepresentatives, open all the certificates, and the votes mend to their consideration such measures as he shall shall then be counted. The person having the greatest judge necessary and expedient; he may, on extraordinanumber of votes shall be the President, if such number ry occasions, convene both Houses, or either of them, be a majority of the whole number of electors appoint- and in case of disagreement between them, with respect ed; and if there be more than one who have such major to the time of adjournment, he may adjourn them to ity, and have an equal number of votes, then the House such time as he shall think proper; he shall receive Amof Representatives shall immediately choose by ballot bassadors and other public Ministers; he shall take care one of them for President; and if no person have a ma. that the laws be faithfully executed, and shall commisjority, then from the five highest on the list the said sion all the officers of the United States. House shall in like manner choose the President. But Sect. 4. 'Che President, Vice-President, and al} civil in choosing the President, the votes shall be taken by officers of the United States, shall be removed from of -states, the Representation from each state having one fice on impeachment for, and conviction of, treasun, brivote; a quorum for this purpose shall consist of a mem- bery, or other high crimes and misdemeanors. ber or members from two thirds of the states, and a ma ARTICLE. III. jority of all the states shall be necessary to a choice. In every case, after the choice of the President, the per- Sect. 1. The judicial power of the United States shall son having the greatest number of votes of the electors be vested in one supreme court, and in such inferior shall be the Vice-President. But if there should remain courts as the Congress may from time ordain and estabtwo or more who have eqnal votes, the Senate shall lish. The judges, both of the supreme and inferior courts, choose from them by ballot the Vice-President. shall hold their offices during good behaviour, and shall, The Congress may determine the time of choosing the at stated times, receive for their services a compensaelectors, & the day on which they shall give their votes; tion, which shall not be diminished during their continwhich day shall be the same throughout the U. States. uance in office. No person, except a natural born citizen, or a citizen Sect. 2. The judicial power shall extend to all cases of the United States at the time of the adoption of this in law and equity, arising under the constitution, the constitution, shall be eligible to the office of President; laws of the United States, and treaties made, or which neither shall any person be eligible to that office, who shall be made, under their authority; to all cases affectshall not have attained to the age of 35 years, and been ing Ambassadors, other public Ministers and Consuls; 14 years a resident within the United States. to all cases of Admiralty and Maritime Jurisdiction; to In case of the removal of the President from office, or controversies to which the United States shall be a party; of his death, resignation, or inability to discharge the to controversies between two or more states, between a powers and duties of the said office, the same shall de- state and citizens of another state, between citizens of volve on the Vice-President, and the Congress may by different states, between citizens of the same state law provide for the case of removal, death, resignation claiming lands under grants of different states, and be or inability, both of the President and Vice-President, tween a state, or the citizens thereof, and foreign states, declaring what officer shall then act as President, and citizens or subjects. such officer shall act accordingly, until the disability be In all cases affecting Ainbassadors, other public Minremoved, or a President shall be elected. isters and Consuls, and those in which a state shall be a . The President shall, at stated times, receive for his party, the supreme court shall have original jurisdiction. services a compensation, which shall neither be increas- in all the other cases before mentioned, the supreme ed or diminished during the period for which he shall court shall have appellate jurisdiction, both as to law have been elected, and he shall not receive within that and fact, with such exceptions, and under such regulaperiod any other emolument from the United States, or tions, as the Congress shall make. any of them. The trial of all crimes, except in cases of impeachBefore he enter on the execution of his office, he shall ment, shall be by jury; and such trial shall be held in take the following oath or affirmation: the state where the said crimes shall have been commit"I do solemnly swear (or affirm) that I will faithfully ted; but when not committed within any state, the trial execute the office of President of the United States, and shall be at such place or places as the Congress may by will, to the best of my ability, preserye, protect and de- law have directed. fend the constitution of the United States.” Sect. 3. Treason against the United States shall conSect. 2. The President shall be commander-in-chief sist only, in levying war against them, or in adhering to of the army and navy of the United States, and of the their enemies, giving them aid and comfort. No permilitia of the several states, when called into the actual son shall be convicted of treason, unless on the testimoservice of the United States; he may require the opin- ny of two witnesses to the same overt act, or on confesion, in writing, of the principal officer in each of the ex. sion in open court. ecutive departments, upon any subject relating to the The Congress shaN have power to declare the punishduties of their respective offices, and he shall have pow- ment of treason, but no attainder of treason shall work er to grant reprieves and pardons for offences against corruption of blood, or forfeiture, except during the life the United States, except in cases of impeachment. of the person attainted. |