fuch number be a majority of the whole number of electors appointed; and if there be more than one who have fuch majority, and have an equal number of votes, then the house of reprefentatives fhall immediately choose by ballot one of them for prefident and if no perfon have a majority, then, from the five highest on the lift, the faid house fhall in like manner choose the prefident. : 42. But in choofing the prefident, the votes fhall be taken by ftates, the reprefentation from each ftate having one vote a quorum for this purpofe fhall confift of a member or members from two-thirds of the ftates: and a majority of all the states fhall be neceffary to a choice. In every cafe, after the choice of the prefident, the perfon having the greatest number of votes of the electors, fhall be the viceprefident. But if there fhould remain two or more, who have equal votes, the fenate fhall choose from them, by ballot, the vice-prefident. 43. The congrefs may determine the time of choofing the electors, and the day on which they fhall give their votes; which day fhall be the fame throughout the United States. No perfon, except a natural born citizen, or a citizen of the United States, at the time of the adoption of this conftitution, fhall be eligible, to the office of prefident. Neither fhall any person be eligible to that office, who shall not have attained to the age of thirty-five years, and been fourteen years a refident within the United States. 44. In cafe of the removal of the president from office, or of his death, refignation, or inability to discharge the powers and duties of the faid office, the fame fhall devolve on the vice-prefident; and the congrefs may, by law, provide for the cafe of removal, death, refignation, or inabili ty, both of the prefident and vice-prefident, declaring what officer fhall then act as prefident and fuch officer fhall act accordingly, till the difability be removed, or a prefident fhall be elected. 45. The prefident fhall, at ftated times, receive for his fervices, a compensation, which shall neither be increased nor diminished, during the period for which he fhall have been elected and he fhall not receive, within that period, any other emolument from the United States, or any of them. 46. Before he enter on the execution of his office, he fhall take the following oath or affirmation: "I do folemnly fwear (or affirm) that I will faithfully execute the office of prefident of the United States; and will, to the best of my ability, preferve, protect, and defend the constitution of the United States." SECTION SECOND. [2.] 47. The president shall be commander in chief of the army and navy of the United States, and of the militia of the feveral ftates, when called into the actual fervice of the United States. He may require the opinion, in writing, of the principal officers in each of the executive departments, on any fubject relating to the duties of their respective of fices and he fhall have power to grant reprieves and pardons, for offences against the United States, except in cases of impeachment. 48. He fhall have power, by and with the advice and confent of the fenate, to make treaties, provided two-thirds of the fenators prefent concur : and he shall nominate, and by and with the advice and consent of the fenate," shall appoint ambaffadors, other public ministers and confuls, judges of the fupreme court, and all other officers of the United States, whofe appointments are not herein otherwise provided for, and which shall be established by law. 49. But the congress may, by law, veft the appointment of fuch inferior officers, as they think proper, in the prefident alone, in the courts of law, or in the heads of departments. The prefident fhall have power to fill all vacancies that may happen during the recefs of the fenate, by granting commiffions, which fhall expire at the end of their next feffion. SECTION THIRD. [3.] 50. He fhall, from time to time, give to the congrefs information of the ftate of the union; and recommend to their confideration fuch measures as he fhall judge neceffary and expedient. He may, on extraordinary occafions, convene both houfes, or either of them, and, in cafe of difagreement between them, with refpect to the time of adjournment, he may adjourn them to fuch time as he shall think proper. He fhall receive ambassadors and other public minifters. He fhall take care that the laws be faithfully executed ; and fhall commiffion all the officers of the United States. SECTION FOURTH. [4] 51. The prefident, vice-prefident, and all civil officers of the United States, fhall be removed from office, on impeachment for, and conviction of, treafon, bribery, or other high crimes and misdemeanors. ARTICLE THIRD. [III.] SECTION FIRST. [1.] 52. The judicial power of the United States fhall be vefted in one fupreme court, and in fuch inferior courts, as the congrefs may, from time to time, ordain and establish. The judges, both of the fupreme and inferior courts, shall hold their offices during good behavior; and fhall, at stated times, receive for their fervices, a compenfation, which shall not be diminished during their continuance in office. SECTION SECOND. [2.] 53. The judicial power fhall extend to all cafes, in law and equity, arifing under this conftitution, the laws of the United States, and treaties made, or which shall be made, under their authority; to all cafes affecting ambaffadors, other public minifters, and confuls; to all cafes of admiralty and maritime jurisdiction; to controverfies to which the United States fhall be a party; to controverfies between two or more states, between a state and citizens of another ftate, between citizens of different ftates, between citizens of the fame state, claiming lands under grants of different states, and between a state, or the citizens thereof, and foreign ftates, citizens, or fubjects. 54. In all cafes, affecting ambassadors, other public minifters and confuls, and thofe in which a state shall be a party, the fupreme court shall have original jurisdiction. In all the other cafes before mentioned, the fupreme court fhall have appellate jurifdiction, both as to law and fact, with fuch exceptions, and under fuch regulations, as the congrefs fhall make. 55. The trial of all crimes, except in cafes of impeachment, fhall be by jury; and fuch trial fhall be held in the ftate where the faid crimes fhall have been committed; but when not committed within any state, the trial fhall be at fuch place or places, as the congrefs may by law have directed, SECTION THIRD. [3.] 56. Treason against the United States, fhall confist only in levying war against them, or in adhering to their enemies, giving them aid and comfort. No perfon fhall be convicted of treason unless on the teftimony of two witnesses to the fame overt act, or on confeffion in open court. The congress shall have power to declare the punishment of treafon but no attainder of treafon fhall work corruption of blood, or forfeiture, except during the life of the perfon attainted. ARTICLE FOURTH. [IV.] 57. Full faith and credit fhall be given, in each state, to the public acts, records, and judicial proceedings of every other state. And the congrefs may, by penal laws, prescribe the manner in which fuch acts, records and proceedings fhall be proved, and the effect thereof. SECTION SECOND. [2.] 58. The citizens of each state shall be entitled to all the privileges and immunities of citizens in the feveral states. A perfon charged in any state with treason, felony, or other crime, who fhall flee from juftice, and be found in another ftate, fhall, on demand of the executive authority of the ftate from which he fled, be delivered to be removed to the ftate having jurifdiction of the crime. 59. No perfon, held to service or labor in one state, under the laws thereof, escaping into another, fhall, in confequence of any law or regulation therein, be discharged from fuch fervice or labor; but fhall be delivered on claim of the party to whom fuch service or labor may be due. SECTION THIRD. [3.] 60. New states may be admitted by the congress into this Union; but no new state fhall be formed or erected within the jurifdiction of any other state, nor any state be formed by the junction of two or more states, or parts of ftates, without the confent of the legislatures of the states concerned, as well as of the congrefs. 61. The congrefs fhall have power to difpofe of, and make all needful rules and regulations, refpecting the territory or other property belonging to the United States: and nothing in this constitution fhall be fo conftrued as to preju dice any ftate. claims of the United States, or of any particular SECTION FOURTH. [4.] 62. The United States fhall guarantee to every ftate in this Union, a republican form of government; and fhall protect each of them against invafion, and on application of the legiflature, or of the executive (when, the legislature cannot be convened) against domestic violence. ARTICLE FIFTH. [V.] 63. The congrefs, whenever two-thirds of both houses fhall deem it neceffary, fhall propofe amendments to this conftitution, or, on the application of the legislatures of two thirds of the feveral states, fhall call a convention for propofing amendments, which, in either cafe, fhall be valid to all intents and purposes, as part of this conftitution, when ratified by the legislatures of three-fourths of the states, or by conventions in three-fourths thereof, as the one or the other mode of ratification may be propofed by the congrefs; 64. Provided, that no amendment, which may be made prior to the year one thoufand eight hundred and eight, fhall in any manner affect the firft and fourth claufes in the ninth fection of the first article; and that no state, without its confent, fhall be deprived of its equal fuffrage in the fenate. 65. All debts contracted, and engagements entered into, before the adoption of this conftitution, fhall be as valid against the United States under this conftitution as under the confederation. 66. This constitution, and the laws of the United States which fhall be made in pursuance thereof, and all treaties made, or which fhall be made, under the authority of the United States, fhall be the fupreme law of the land and the judges, in every state, shall be bound thereby, any thing in the conftitution or laws of any ftate to the contrary notwithstanding. 67. The fenators and reprefentatives before mentioned, and the members of the feveral state legiflatures, and all executive and judicial officers both of the United States and of the several states, fhall be bound by oath or affirmation, to fupport this conftitution; but no religious teft shall ever |