« AnteriorContinuar »
CONSTITUTION OF THE UNITED STATES.
tion, which shall neither be increased lished by law. But the Congress may nor diminished during the period for by law vest the appointment of such which he shall have been elected, and inferior officers as they think proper he shall not receive within that period in the President alone, in the courts of any other emolument from the United law, or in the heads of departments. States, or any of them.
The President shall have power to Before he enter on the execution fill up all vacancies that may happen! of his office, he shall take the follow- during the recess of the Senate, by ing oath or affirmation :
granting commissions, which shall ex* I do solemnly swear (or affirm) pire at the end of their next session.? that I will faithfully execute the office Sec. 3. He shall, from time to time, of President of the United States, give to the Congress information of the and will, to the best of my ability, state of the Union, and recommend to preserve, protect, and defend the Con- their consideration such measures as he stitution of the United States." shall judge necessary and expedient;
SEC. 2. The President shall be com- he may, on extraordinary occasions, mander-in-chief of the army and navy convene both Houses, or either of of the United States and of the militia them; and in case of disagreement of the several States, when called into between them, with respect to the time the actual service of the United of adjournment, he may adjourn them States; he may require the opinion to such time as he shall think proper; in writing of the principal officer in he shall receive ambassadors and each of the executive departments other public ministers; he shall take upon any subject relating to the duties care that the laws be faithfully exeof their respective offices; and he cuted; and shall commission all the shall have power to grant reprieves officers of the United States. and pardons for offenses against the SEC. 4. The President, Vice-PresiUnited States, except in cases of im- dent, and all civil officers of the United peachment.
States, shall be removed from office He shall have power, by and with on impeachment for and conviction of the advice and consent of the Senate, treason, bribery, or other high 'crimes to make treaties, provided two-thirds and misdemeanors, of the Senators present concur; and
ARTICLE II 1. he shall nominate, and by and with the advice and consent of the Senate,
Sec. 1. The judicial power of the shall appoint ambassadors, other pub- United States shall be vested in one lie ministers and consuls, judges of the Supreme Court, and in such inferior Supreme Court, and all other officers courts as the Congress may from time to of the United States, whose appoint-time ordain and establish. The judges, ments are not herein otherwise pro
both of the Supreme and inferior vided for, and which shall be estab- courts, shall hold their offices during
good behavior, and shall, at stated This clause held in contempt by the Radical majority in the House of Representatives,
times, receive for their services a comin passing a Supplementary Reconstruction pensation, which shall not be diminBill during the present session, seizing the right ished during their continuance in ofof assignment from the President in order to fice. enable Gen. Grant to appoint supple Radical tools in command of the departments embracing
Sec. 2. The judicial power shall the ten unrepresented States. Bill not acted on in Senate. Violated by section 2 of the Act 2 This clause violated by the Tenure of Ofof March 2, 1867, requiring the President to fice Bill, and the President impeached by the send all orders to the army through Gen. Grant, Radical House of Representatives for exercising and forbidding army officers from obeying bis his authority under the same ; thirty-seven Radorders otherwise sent; also, fixing army head-ical Senators voting to convict him therefor quarters at Washington.
and remove him from office.
extend to all cases in law and equity Sec. 3. Treason against the United arising under this Constitution, the States shall consist only in levying war laws of the United States, and treat- against them, or in adhering to their ies made, or which shall be made, enemies, giving them aid and comfort. under their authority; to all cases No person shall be convicted of affecting ambassadors, other public treason, 'unless on the testimony of ministers, and consuls; to all cases two witnesses to the same overt act, of admiralty and maritime jurisdic- or on confession in
open court. tion; to controversies to which the The Congress shall have power to United States shall be a party; to declare the punishment of treason'; but controversies between two or more no attainder of treason shall work States; between a State and citizens corruption of blood or forfeiture, exof another State; between citizens of cept during the life of the person atdifferent States; between citizens of tainted., the same State claiming lands under
ARTICLE I V. grants of different States; and be- SEC. 1. Full faith and credit shall tween a State, or the citizens thereof, be given in each State to the public and foreign States, citizens, or sub-acts, records, and judicial proceedings jects.?
of every other State. The Congress In all cases affecting ambassadors, may, by general laws, prescribe the other public ministers, and consuls, manner in which such acts, records, and those in which a State shall be and proceedings shall be proved, and party, the Supreme Court shall have the effect thereof.3 original jurisdiction. In all the other SEC. 2. The citizens of each State cases before mentioned, the Supreme shall be entitled to all privileges and Court shall have appellate jurisdic-immunities of citizens in the several tion, both as to law and fact, with such States. exceptions, and under such regulations A person charged in any State with as the Congress shall make.
treason, felony, or other crime, who The trial of all crimes, except in shall flee from justice, and be found cases of impeachment, shall be by in another State, shall, on demand of jury, and such trial shall be held in the executive authority of the State the State where the said crimes shall from which he fled, be delivered up, have been committed; but when not to be removed to the State having committed within any State, the trial jurisdiction of the crime. shall be at such place or places as No
held to service or labor Congress may by law have directed in one State, under the laws thereof,
1 This clause attempted to be violated by same, and interrupts the cognizance upon the the Radical majority in the House of Represen- part of the States of the public acts, records tatives, in passing a bill forbidding the Supreme and judicial proceedings of each other. Court to take.cognizance of cases arising under the reconstruction legislation of Congress. Since violated by Congress snatching jurisdic
4 This clause violated by the recent act of tion from the Supreme Court in the McArdle Congress admitting Arkansas to representa
tion, and the recent Omnibus act, admitting
certain other States, to representation which 2 This clause violated by the manifold Mili- ratify the constitutions of the bogus organizatary Commissions, which have sat on the liber- tion of said States, which require certain oaths ties of citizens, and executed them without law to be taken as a necessary prerequisite to the or jury, and by the several Military commanders enjoyment of certain privileges and immunities in the unrepresented States.
in those States ; and in other modes to be seen 3 This section violated by the arbitrary abne- by an examination of the same : an incapacity gation of the legitimate State authorities of to take the oath working this unconstitutional the South by the reconstruction legislation of proscription. Congress, which sets over them military rulers who set aside at their own caprice the public 5 This clause violated by the Radical State acts, records, and judicial proceedings of the authorities of New York, who went into Louisi
CONSTITUTION OF THE UNITED STATES.
escaping into another, shall, in conse-vention for proposing amendments, quence of any law or regulation which, in either case, shall be valid to therein, be discharged from such ser- all intents and purposes, as part of vice or labor, but shall be delivered this Constitution, when ratified by the up on claim of the party to whom Legislatures of three-fourths of the such service or labor may be due. several States, or by conventions in
Sec. 3. New States may be admit- three-fourths thereof, as the one or ted by the Congress into this Union; the other mode of ratification may be but no new State shall be formed or proposed by the Congress; provided erected within the jurisdiction of any that no amendment which may be other State ; nor any State be formed made prior to the year one thousand by the junction of two or more States, eight hundred and eight shall in any or parts of States, without the consent manner affect the first and fourth of the Legislatures of the States con- clauses in the ninth section of the first cerned as well as of the Congress. Article; and that no State, without its
The Congress shall have power to consent, shall be deprived of its equal dispose of and make all needful rules suffrage in the Senate. and regulations respecting the terri
ARTICLE V I. tory or other property belonging to the United States, and nothing in this
All debts contracted and engageConstitution shall be so construed as to ments entered into, before the adopprejudice any claims of the United tion of this Constitution, shall be as States, or of any particular State. valid against the United States under
SEC. 4. The United States shall this Constitution, as under the Conguarantee to every State in this Union federation. à republican form of government,
This Constitution, and the laws of and shall protect each of them against the United States which shall be made invasion; and on application of the in pursuance thereof; and all treaties Legislature, or of the Executive (when made, or which shall be made, under the Legislature can not be convened), the authority of the United States, against domestic violence.2
shall be the supreme law of the land;
and the Judges in every State shall ARTICLE V.
be bound thereby, anything in the The Congress, whenever two-thirds Constitution or laws of any State to of both Houses shall deem it neces- the contrary, notwithstanding 3 sary, shall propose amendments to The Senators and Representatives this Constitution; or, on the applica- before mentioned, and the members of tion of the Legislatures of two-thirds the several State Legislatures, and all of the several States, shall call a con- executive and judicial officers, both
ana and seized a prisoner without a demand 2 This clause is violated in this, that the upon the Governor thereof, and spirited him Radical Congress does not guarantee to Tenaway to New York in contempt of a writ of nessee a Republican form of government, but habeas corpus and in defiance of the military permits it to be dominated over by a licentious interposition of Gen. Hancock. Violated also and tyrannical oligarchy, and that it imposed by the Radical Governor of Tennessee, who upon ten States of the South a military desdeclines to respect any demand upon him from potism. the Governor of any other State, when the criminal is what he calls a loyal citizen.
3 This clause is violated by the Radical Con
gress, which openly and unblushingly legislates 1 This section violated by the division of the without reference to the existence of the ConCommonwealth of Virginia, by the Radical stitution, and in violation of its letter and spirit. party in Congress, with the approval of Presi- It is no longer mentioned by them in argument dent Lincoln, cutting off from the same the or regarded in action. It is not named either in State of West Virginia, without the consent of the platform at Chicago or in the letter of acVirginia
ceptance either of Grant or Colfax,
of the United States and of the seve- ART. 4. The right of the people to ral States, shall be bound by oath or be secure in their persons, houses, affirmation, to support this Constitu- papers, and effects, against unreasontion; but no religious test shall ever able searches and seizures, shall not be required as a qualification to any be violated ; and no warrants shall office or public trust under the United issue but upon probable cause, supStates.
ported by oath or affirmation, and ARTICLE VII.
particularly describing the place to The ratification of the conventions
be searched, and the persons or things of nine States, shall be sufficient for to be seized." the establishment of this Constitution
ART. 5. No person shall be held to between the States so ratifying the answer for a capital or otherwise in
famous crime, unless on a present
ment or indictment of a grand jury, Amendments.
except in cases arising in the land or ART. 1. Congress shall make no naval forces, or in the militia when in law respecting an establishment of re-actual service in time of war, or publigion, or prohibiting the free exercise lic danger; nor shall any person be thereof; or abridging the freedom of subject for the same offense, to be put speech or of the press, or the right of twice in jeopardy of life or limb; nor the people peaceably to assemble, and shall be compelled, in any criminal to petition the government for a re- case, to be witness against himself; dress of grievances.?
nor be deprived of life, liberty, or ART. 2. A well regulated militia be- property, without due process of law; ing necessary to the security of a free nor shall private property be taken State, the right of the people to keep for public use without just compensaand bear arms shall not be infringed. tion.
ART. 3. No soldier shall in time Art. 6. In all criminal prosecuof peace be quartered in any house tions, the accused shall enjoy the without the consent of the owner; right to a speedy and public trial, by nor in time of war, but in a manner an impartial jury of the State and disto be prescribed by law.
trict wherein the crime shall have
1 This clause violated in this: that Con. Editors of the Ledger, by the same ; and other gress adds to the oath prescribed in it, certain cases too numerous to mention.. tests, embraced in what is called the iron-clad oath, and requires parties eligible to the offices 3 This article not regarded in the ten States named, and who are able to take the oath pre- of the South, the militia in the same being disscribed in the Constitution, to subscribe to the banded, and the right to bear arms being taken extra constitutional oath, thus excluding them away or given at the discretion of their military from those offices by such indirect means, when rulers. incompetent or indišposed to take it.
4 This article, the violation of which no 2 This article is violated with impunity in ten officer of the army of the U. S. will deny, beStates of the South. Witness the destruction cause the houses of citizens, for quarters of in August, 1867, of the Constitutional Eagle, a officers of all grades from General down, and Democratic paper, published at Camden, Ark., for troops, were occupied to a great extent in by a band of U. S. soldiers in command of an the South, for a long time since the war, against officer of the armies of the U. S., for strictures the consent of, and in many instances without on the indecent exposure of their persons in the compensation to, the owners, and are to a much town by the soldiers aforesaid; the suppression less extent so occupied now. by Gen. Grant, in 1866, of the Richmond Enquirer; the threat of Brig.-Gen. Shepherd, 5 This article, now the subject of violation commanding at Mobile, to the Editors of the daily in all of the Military Districts of the Mobile Register and Advertiser; the arrest and South, more particularly in the command of imprisonment of Col. W. H. McArdle, Editor Gen. Meade and that of the sub-commander of the Vicksburg Times; the arrest and impris- of the State of Arkansas. onment of the Editors of the Memphis Avalanche by a Radical Judge; the arrest of the 6 The next note applies as well to this article. CONSTITUTION OF THE UNITED STATES.
been committed, which district shall ballot for President and Vice-Presi. have been previously ascertained by dent, one of whom, at least, shall not law, and to be informed of the nature be an inhabitant of the same State and cause of the accusation; to be with themselves; they shall name in confronted with the witnesses against their ballots the person voted for as him; to have compulsory process for President, and in distinct ballots the obtaining witnesses in his favor ; and person voted for as Vice-President; to have the assistance of counsel for and they shall make distinct lists of his defense.1
all persons voted for as President, and ART. 7. In suits at common law, of all persons voted for as Vice-Presiwhere the value in controversy shall dent, and of the number of votes for exceed twenty dollars, the right of each, which lists they shall sign and trial by jury shall be preserved; and certify, and transmit sealed to the no fact tried by jury shall be other- seat of government of the United wise re-examined in any court of the States, directed to the President of United States than according to the the Senate : the President of the Senrules of the common law.?
ate shall, in the presence of the SenART. 8. Excessive bail shall not be ate and House of Representatives, required, nor excessive fines imposed, open all the certificates, and the votes nor cruel and unusual punishments shall then be counted; the person inflicted.3
having the greatest number of votes ART. 9. The enumeration in the for President shall be the President, Constitution of certain rights, shall if such number be a inajority of the not be construed to deny or disparage whole number of electors appointed; others retained by the people. and if no person have such a majority,
ART. 10. The powers not delega- then from the persons having the ted to the United States by the Con- highest numbers, not exceeding three, stitution, nor prohibited by it to the on the list of those voted for as PresStates, are reserved to the States ident, the House of Representatives respectively, or to the people.” shall choose immediately by ballot
ART. 11. The judicial power of the the President. But in choosing the United States shall not be construed President, the votes shall be taken by to extend to any suit in law or equity States, the representation from each commenced or prosecuted against one State having one vote; a quorum for of the United States by citizens of this purpose shall consist of a member another State, or by citizens or sub- or members from two-thirds of the jects of another State, or by citizens States, and a majority of all the States or subjects of any foreign State. shall be necessary to a choice. And
ART. 12. The electors shall meet if the House of Representatives shall in their respective States, and vote by not choose a President whenever the
This article, not regarded in the District of 3 This article utterly obsolete in the SouthNorth and South Carolina, commanded by Gen. ern States. Look into the horrible prisons at Canby; por in that of Georgia, Florida and Dry Tortugas, and reflect that drum-head Court Alabama, commanded by Gen. Meade; nor in Martials are in session all over the ten Souththat of Mississippi and Arkansas, lately put in ern States, and continue to send citizens to it command of Gen. McDowell.
and other kindred prisons. 2 This article, in the ten States of the South, meration of rights, but claims unlimited powers,
4 Congress exercises no respect for any enuand in Kentucky and Tennessee, in any case where a negro or a white loyalist (as a carpet- this book, and utterly denies to the ten States
as is shown in previous notes and hereafter in bagger is officially designated), is the plaintiff, and a white man is defendant, is set aside, and of the South and the people thereof the rights
reserved to them. the authority of an officer of the Freedman's Bureau is supreme.
The same where their 5 This article is violated in the same manner positions are reversed.
as Article 9, and the same note applies to it