    [United States Senate Manual, 106th Congress]
    [S. Doc. 106-1]
    [Historical Documents]
    [Pages 925-941]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    [[Page 925]]

                                            [760]

                ____________________________________________________________

                        CONSTITUTION OF THE UNITED STATES OF AMERICA

                ____________________________________________________________

                                    HISTORICAL BACKGROUND

                    In May, 1785, a committee of Congress made a report
                recommending an alteration in the Articles of Confederation,
                but no action was taken on it, and it was left to the State
                Legislatures to proceed in the matter. In January, 1786, the
                Legislature of Virginia passed a resolution providing for
                the appointment of five commissioners, who, or any three of
                them, should meet such commissioners as might be appointed
                in the other States of the Union, at a time and place to be
                agreed upon, to take into consideration the trade of the
                United States; to consider how far a uniform system in their
                commercial regulations may be necessary to their common
                interest and their permanent harmony; and to report to the
                several States such an act, relative to this great object,
                as, when ratified by them, will enable the United States in
                Congress effectually to provide for the same. The Virginia
                commissioners, after some correspondence, fixed the first
                Monday in September as the time, and the city of Annapolis
                as the place for the meeting, but only four other States
                were represented, viz: Delaware, New York, New Jersey, and
                Pennsylvania; the commissioners appointed by Massachusetts,
                New Hampshire, North Carolina, and Rhode Island failed to
                attend. Under the circumstances of so partial a
                representation, the commissioners present agreed upon a
                report (drawn by Mr. Hamilton, of New York), expressing
                their unanimous conviction that it might essentially tend to
                advance the interests of the Union if the States by which
                they were respectively delegated would concur, and use their
                endeavors to procure the concurrence of the other States, in
                the appointment of commissioners to meet at Philadelphia on
                the second Monday of May following, to take into
                consideration the situation of the United States; to devise
                such further provisions as should appear to them necessary
                to render the Constitution of the Federal Government
                adequate to the exigencies of the Union; and to report such
                an act for that purpose to the United States in Congress
                assembled as, when agreed to by them and afterwards
                confirmed by the Legislatures of every State, would
                effectually provide for the same.
                    Congress, on the 21st of February, 1787, adopted a
                resolution in favor of a convention, and the Legislatures of
                those States which had not already done so (with the
                exception of Rhode Island) promptly appointed delegates. On
                the 25th of May, seven States having convened, George
                Washington, of Virginia, was unanimously elected President,
                and the consideration of the proposed constitution was
                commenced. On the 17th of September, 1787, the Constitution
                as engrossed and agreed upon was signed by all the members
                present, except Mr. Gerry, of Massachu

    [[Page 926]]

                setts, and Messrs. Mason and Randolph, of Virginia. The
                president of the convention transmitted it to Congress, with
                a resolution stating how the proposed Federal Government
                should be put in operation, and an explanatory letter.
                Congress, on the 28th of September, 1787, directed the
                Constitution so framed, with the resolutions and letter
                concerning the same, to ``be transmitted to the several
                Legislatures in order to be submitted to a convention of
                delegates chosen in each State by the people thereof, in
                conformity to the resolves of the convention.''
                    On the 4th of March, 1789, the day which had been fixed
                for commencing the operations of Government under the new
                Constitution, it had been ratified by the conventions chosen
                in each State to consider it, as follows: Delaware, December
                7, 1787; Pennsylvania, December 12, 1787; New Jersey,
                December 19, 1787; Georgia, January 2, 1788; Connecticut,
                January 9, 1788; Massachusetts, February 6, 1788; Maryland,
                April 28, 1788; South Carolina, May 23, 1788; New Hampshire,
                June 21, 1788; Virginia, June 25, 1788; and New York, July
                26, 1788.
                    The President informed Congress, on the 28th of January,
                1790, that North Carolina had ratified the Constitution
                November 21, 1789; and he informed Congress on the 1st of
                June, 1790, that Rhode Island had ratified the Constitution
                May 29, 1790. Vermont, in convention, ratified the
                Constitution January 10, 1791, and was, by an act of
                Congress approved February 18, 1791, ``received and admitted
                into this Union as a new and entire member of the United
                States.''

    [[Page 927]]

                ____________________________________________________________

                        CONSTITUTION OF THE UNITED STATES OF AMERICA

                ____________________________________________________________
         760.1  We the People of the United States, in Order to form a more
                    perfect Union, establish Justice, insure domestic
                    Tranquility, 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.

           761                            ARTICLE I

         761.1      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.
         761.2      Section 2.\1\ 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.
         761.3      \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.
                    Note.--The small superior figures designate clauses, and
                have no reference to footnotes.
         761.4      \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

    [[Page 928]]

                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 chuse 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 part included in heavy brackets was repealed by
                section 2 of amendment XIV, Senate Manual section 784.2.
                                    As per act of November 15, 1941, the
                                        apportionment, based on the
                                        Sixteenth Census (1940), the
                                        Seventeenth Census (1950), and the
                                        Eighteenth Census (1960),
                                        distributes the 435 seats in the
                                        House among the States according to
                                        the method of equal proportions.
                                        (See Senate Manual section 974.)
         761.5      \4\ When vacancies happen in the Representation from any
                State, the Executive Authority thereof shall issue Writs of
                Election to fill such Vacancies.
         761.6      \5\ The House of Representatives shall chuse their
                Speaker and other Officers; and shall have the sole Power of
                Impeachment.
         761.7      \1\ 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.
                    *The part included in heavy brackets was changed by
                clause 1 of amendment XVII, Senate Manual section 787.1.
         761.8      \2\ 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].**
                    **The part included in heavy brackets was changed by
                clause 2 of amendment XVII, Senate Manual section 787.2.
         761.9      \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

    [[Page 929]]

                elected, be an Inhabitant of that State for which he shall
                be chosen.
        761.10      \4\ The Vice President of the United States shall be
                President of the Senate, but shall have no Vote, unless they
                be equally divided.
        761.11      \5\ The Senate shall chuse 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.
        761.12      \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.
        761.13      \7\ Judgment in Cases of Impeachment shall not extend
                further than to removal from 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.
        761.14      Section 4. \1\ The Time, 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 chusing Senators.
        761.15      \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.*
                    *The part included in heavy brackets was changed by
                Section 2 of amendment XX, Senate Manual section 790.2.
        761.16      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 authorized to compel the Attendance of absent
                Members, in such Manner, and under such Penalties as each
                House may provide.
        761.17      \2\ Each House may determine the Rules of its
                Proceedings, punish its Members for disorderly Behavior,
                and, with the Concurrence of two thirds, expel a Member.

    [[Page 930]]

        761.18      \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.
        761.19      \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.
        761.20      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 and returning from the same; and for any Speech or
                Debate in either House, they shall not be questioned in any
                other Place.
        761.21      \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
                encreased 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.
        761.22      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.
        761.23      \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 Objections at large on their
                Journal, and proceed to reconsider it. If after such
                Reconsideration 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

    [[Page 931]]

                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.
        761.24      \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.
        761.25      Section 8. \1\ The Congress shall have Power To lay and
                collect Taxes, Duties, Imposts and Excises, to pay the Debts
                and provide for the common Defense and general Welfare of
                the United States; but all Duties, Imposts and Excises shall
                be uniform throughout the United States;
        761.26      \2\ To borrow money on the credit of the United States;
        761.27      \3\ To regulate Commerce with foreign Nations, and among
                the several States, and with the Indian Tribes;
        761.28      \4\ To establish an uniform Rule of Naturalization, and
                uniform Laws on the subject of Bankruptcies throughout the
                United States;
        761.29      \5\ To coin Money, regulate the Value thereof, and of
                foreign Coin, and fix the Standard of Weights and Measures;
        761.30      \6\ To provide for the Punishment of counterfeiting the
                Securities and current Coin of the United States;
        761.31      \7\ To establish Post Offices and post Roads;
        761.32      \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;
        761.33      \9\ To constitute Tribunals inferior to the supreme
                Court;
        761.34      \10\ To define and punish Piracies and Felonies
                committed on the high Seas, and Offenses against the Law of
                Nations;
        761.35      \11\ To declare War, grant Letters of Marque and
                Reprisal and make Rules concerning Captures on Land and
                Water;

    [[Page 932]]

        761.36      \12\ To raise and support Armies, but no Appropriation
                of Money to that Use shall be for a longer Term than two
                Years;
        761.37      \13\ To provide and maintain a Navy;
        761.38      \14\ To make Rules for the Government and Regulation of
                the land and naval Forces;
        761.39      \15\ To provide  for calling forth the Militia to
                execute the Laws of the Union, suppress Insurrections and
                repel Invasions;
        761.40      \16\ To provide for organizing, 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;
        761.41      \17\ 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 the 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
        761.42      \18\ 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.
        761.43      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.
        761.44      \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.
        761.45      \3\ No Bill of Attainder or ex post facto Law shall be
                passed.

    [[Page 933]]

        761.46      *\4\ No capitation, or other direct, Tax shall be laid,
                unless in Proportion to the Census or Enumeration herein
                before directed to be taken.
                    *See also amendment XVI, Senate Manual section 786.
        761.47      \5\ No Tax or Duty shall be laid on Articles exported
                from any State.
        761.48      \6\ No preference shall be given by 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.
        761.49      \7\ 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 Expenditures of
                all public Money shall be published from time to time.
        761.50      \8\ 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.
        761.51      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 any Thing
                but gold and silver Coin a Tender in Payment of Debts; pass
                any Bill of Attainder, ex post facto Law, or Law impairing
                the Obligation of Contracts, or grant any Title of Nobility.
        761.52      \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 net 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.
        761.53      \3\ 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.

    [[Page 934]]

           762

                                         ARTICLE II

         762.1      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:
                    See also amendment XXII, Senate Manual section
                792.
         762.2      \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 an Office of Trust or
                Profit under the United States, shall be appointed an
                Elector.
         762.3      *[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 the President, if such Number be a Majority of the
                whole Number of Electors appointed; and if there be more
                than one who have such Majority, and have an equal Number of
                Votes, then the House of Representatives shall immediately
                chuse 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 chuse the President. But in
                chusing 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

    [[Page 935]]

                more who have equal Votes, the Senate shall chuse from them
                by Ballot the Vice-President.]
                    *This paragraph has been superseded by amendment XII,
                Senate Manual section 782.
         762.4      \3\ The Congress may determine the Time of chusing the
                Electors, and the Day on which they shall give their Votes;
                which Day shall be the same throughout the United States.
         762.5      \4\ 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.
         762.6      \5\ 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.
                    See also amendment XXV, Senate Manual section
                795.
         762.7      \6\ The President shall, at stated Times, receive for
                his Services, a Compensation, which shall neither be
                encreased 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.
         762.8      \7\ Before he enter on the Execution of his Office, he
                shall take the following Oath or Affirmation:--``I do
                solemly 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.''
         762.9      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 Offenses

    [[Page 936]]

                against the United States, except in Cases of Impeachment.
        762.10      \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.
        762.11      \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.
        762.12      Section 3. 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.
        762.13      Section 4. 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 high Crimes and Misdemeanors.

           763                           ARTICLE III

         763.1      Section 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.

    [[Page 937]]

         763.2      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.
         763.3      \2\ In all Cases affecting Ambassadors, other public
                Ministers and Consuls, and those in which a State shall be
                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.
         763.4      \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 Place or Places as the Congress may
                by Law have directed.
         763.5      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.
         763.6      \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.

           764                           ARTICLE IV

         764.1      Section 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.

    [[Page 938]]

         764.2      Section 2. \1\ The Citizens of each State shall be
                entitled to all Privileges and Immunities of Citizens in the
                several States.
         764.3      \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 fled, be delivered up, to be removed
                to the State having Jurisdiction of the Crime.
         764.4      \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
                Claim of the Party to whom such Service or Labour may be
                due.]*
                    *This paragraph has been superseded by amendment XIII,
                Senate Manual section 783.
         764.5      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.
         764.6      \2\ The Congress shall have Power to dispose of and make
                all needful Rules and Regulations respecting the Territory
                of 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.
         764.7      Section 4. 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 V

           765      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-

    [[Page 939]]

                fourths of the several States, or by Conventions in 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, and that no State without its Consent, shall
                be deprived of its equal Suffrage in the Senate.

           766                           ARTICLE VI

         766.1      \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.
         766.2      \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 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.
         766.3      \3\ The Senators and Representatives before mentioned,
                and the Members of the several State Legislatures, 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.

           767                           ARTICLE VII

                    The Ratification of the Conventions of nine States shall
                be sufficient for the Establishment of this Constitution
                between the States so ratifying the Same.
           768  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 here unto subscribed
                    our Names,

                                                            G o WASHINGTON--

                               Presidt. and deputy from Virginia.

    [[Page 940]]

                                        New Hampshire

                John Langdon,
                Nicholas Gilman.

                                        Massachusetts

                Nathaniel Gorham,
                Rufus King.

                                         Connecticut

                Wm. Saml. Johnson,
                Roger Sherman.

                                          New York

                Alexander Hamiltion.

                                         New Jersey

                Wil: Livingston,
                David Brearley,
                Wm. Paterson,
                Jona. Dayton.

                                        Pennsylvania

                B. Franklin,
                Robt. Morris,
                Tho: Fitzsimons,
                James Wilson,
                Thomas Mifflin,
                Geo: Clymer,
                Jared Ingersoll,
                Gouv: Morris.

                                          Delaware

                Geo: Read,
                John Dickinson,
                Jaco: Broom,
                Gunning Bedford, Jun'r,
                Richard Bassett.

                                          Maryland

                James M'Henry,
                Danl Carroll,
                Dan: of St. Thos. Jenifer.

                                          Virginia

                John Blair,
                James Madison, Jr.

                                       North Carolina

                Wm. Blount,
                Hu. Williamson,
                Rich'd Dobbs Spaight.

                                       South Carolina

                J. Rutledge,

                Charles Pinckney,
                Charles Cotesworth
                  Pinckney,
                Pierce Butler.

    [[Page 941]]

                                           Georgia

                William Few,

                    Attest:
                Abr. Baldwin.

                William Jackson, Secretary.