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on any other point, except for adjourning from day to day, be determined, unless by the votes of a majority of the United States in Congress as sembled.
The Congress of the United States shall have power to adjourn to any time within the year, and to any place within the United States, so that no period of adjournment be for a longer duration than the space of six months; and shall publish the journal of their proceedings monthly, except such parts thereof relating to treaties, alliances, or military operations, as in their judgment require secresy; and the yeas and nays of the delegates of each state on any question shall be entered on the journal, when it is desired by any delegate ; and the delegates of a state, or any of them, at his or their request, shall be furnished with a transcript of the said journal, except such parts as are above excepted, to lay before the legislatures of the several states.
Article 10. The committee of the states, or any nine of them, shall be authorized to execute, in the recess of Congress, such of the powers of Congress as the United States in Congress assembled, by the consent of nine states, shall from time to time, think expedient to vest them with ; provided that no power be delegated to the said committee, for the exercise of which, by the articles of confederation, the voice of nine states in the Congress of the United States assembled is requisite.
ARTICLE 11. Canada, acceding to this confederation, and joining in the measures of the United States, shall be admitted into, and entitled to, all the advantages of this Union ; but no other colony shall be admitted into the same unless such adinission be agreed to by nine states.
Article 12. All bills of credit enitted, moneys borrowed, and debts contracted, by or under the authority of Congress, before the assembling of the United States, in pursuance of the present confederation, shall be deemed and considered as a charge against the United States, for payment and satisfaction whereof the said United States and the public faith are hereby solemnly pledged.
Article 13. Every state shall abide by the decision of the United States in Congress assembled, on all questions which, by this confederation, are submitted to them. And the articles of this confederation shall be inviolably observed by every state, and the Union shall be perpetual ; nor shall any alteration at any time hereafter be made in any of them, un. less such alteration be agreed to in a Congress of the United States, and be afterward confirmed by the legislature of every state.
And whereas it has pleased the great Governor of the world to incline the hearts of the legislatures we respectively represent in Congress, to approve of and to authorize us to ratify the said articles of confederation and perpetual Union : know ye, that we, the undersigned delegates, by virtue of the power and authority to us given for that purpose, do, by these presents, in the name and in behalf of our respective constituents, fully and entirely ratify and confirm each and every of the said articles of confederation and perpetual Union, and all and singular the matters and things therein contained, and we do further solemnly plight and engage the faith of our respective constituents, that they shall abide by the determinations of the United States in Congress assembled, on all questions which, by the said confederation, are submitted to them; and that the articles thereof shall be inviolably observed by the states we respectively represent ; and that the Union be perpetual.
In witness whereof, we have hereunto set our hands, in Congress. Done at Philadelphia, in the state of Pennsylvania, the ninth day of
July, in the year of our Lord one thousand seven hundred and seventy-eight, and in the third year of the independence of America. NEW HAMPSHIRE.
JONATHAN BAYARD SMITH, Josiah BARTLETT,
Thomas MóKEAN, SAMUEL ADAMS,
JOHN DICKINSON, ELBRIDGE GERRY,
NICHOLAS VAN Dyke.
RICHARD HENRY LEE, JOHN COLLINS.
FRANCIS Lightroot LEE.
SOUTH CAROLINA. FRANCIS LEWIS,
HENRY LAURENS, WILLIAM DUER,
WILLIAM HENRY DRAYTON,
Thomas HeYWARD, JR.
- JOHN WALTON, ROBERT MORRIS,
EDWARD TELFAIR, DANIEL ROBERDEAU,
CONSTITUTION OF THE UNITED STATES,
COPIED FROM, AND COMPARED WITH, THE ROLL IN THE DEPARTMENT
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 blessings of liberty to ourselves and our posterity, do ordain and establish this constitution for the United States of America.
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.
Section 2. The house of representatives shall be composed of mem bers 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.
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.
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,t 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.
• The constitutional provision, that direct taxes shall be apportioned among the several states according to their respective numbers, to be ascertained by a census, was not intended to restrict the power of imposing direct laxes to states only.—Loughborough vs. Blake, 5 Wheaton, 319.
+ See laws United States, vol. ii , chap. 124 ; iii., 261 ; iv., 332. Acts of 17th Congress, Ist session, chap. X.; and of the 22d and 27th Congress.
When vacancies lappen in the representation from any state, the exec. utive authority thereof shall issue writs of election to fill such vacancies.
The house of representatives shall choose their speaker and other officers; and shall have the sole power of impeachment.
Section 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 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 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
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.
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 protempore, in the absence of the vice-president, 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 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.
Judgment in cases of impeachment shall not extend further than to removal írom office, and disqualification 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.
Section 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 sucb 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 December, unless they shall by law appoint a different day.
Section 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,f punish its See art. v., clause 1.
To an action of trespass against the sergeant-at-arms of the house of representatives of the United States for assault and battery and false imprisonment, it is a legal justifica. tion and bar to plead that a Congress was held and sitting during ihe period of the tres. passes complained, and that the house of representatives had resolved that the plaintiff had been guilty of a breach of the privileges of the house, and of a high contempt of the dignity