The Mystery of the Pinckney Draught Part 16

_Sect. 5._ No capitation tax shall be laid, unless in proportion to the census hereinbefore directed to be taken.

_Sect. 6._ No navigation act shall be pa.s.sed without the a.s.sent of two thirds of the members present in each House.

_Sect. 7._ The United States shall not grant any t.i.tle of n.o.bility.

VIII

The acts of the Legislature of the United States made in pursuance of this Const.i.tution, and all treaties made under the authority of the United States shall be the supreme law of the several States, and of their citizens and inhabitants; and the judges in the several States shall be bound thereby in their decisions; anything in the Const.i.tutions or laws of the several States to the contrary notwithstanding.

VIIII

_Sect. 1._ The Senate of the United States shall have power to make treaties, and to appoint amba.s.sadors and judges of the supreme court.

_Sect. 2._ In all disputes and controversies now subsisting, or that may hereafter subsist between two or more States, respecting jurisdiction or territory, the Senate shall possess the following powers. Whenever the Legislature, or the Executive authority, or the lawful agent of any State, in controversy with another, shall, by memorial to the Senate, state the matter in question, and apply for a hearing; notice of such memorial and application shall be given, by order of the Senate, to the Legislature or the Executive Authority of the other State in controversy. The Senate shall also a.s.sign a day for the appearance of the parties, by their agents, before that House. The agents shall be directed to appoint, by joint consent, commissioners or judges to const.i.tute a court for hearing and determining the matter in question. But if the agents cannot agree, the Senate shall name three persons out of each of the several States, and from the list of such persons each party shall alternately strike out one, until the number shall be reduced to thirteen; and from that number not less than seven nor more than nine names, as the Senate shall direct, shall, in their presence, be drawn out by lot; and the persons, whose names shall be so drawn, or any five of them shall be commissioners or judges to hear and finally determine the controversy; provided a majority of the judges, who shall hear the cause, agree in the determination. If either party shall neglect to attend at the day a.s.signed, without shewing sufficient reasons for not attending, or, being present, shall refuse to strike, the Senate shall proceed to nominate three persons out of each State, and the clerk of the Senate shall strike in behalf of the party absent or refusing. If any of the parties shall refuse to submit to the authority of such court; or shall not appear to prosecute or defend their claim or cause, the court shall nevertheless proceed to p.r.o.nounce judgment. The judgment shall be final and conclusive. The proceedings shall be transmitted to the President of the Senate, and shall be lodged among the public records for the security of the parties concerned.

Every commissioner shall, before he sit in judgment, take an oath, to be administered by one of the judges of the supreme or superior court of the State where the cause shall be tried, "well and truly to hear and determine the matter in question, according to the best of his judgment, without favour, affection, or hope of reward."

_Sect. 3._ All controversies concerning lands claimed under different grants of two or more States whose jurisdictions, as they respect such lands, shall have been decided or adjusted subsequent to such grants, or any of them, shall, on application to the Senate, be finally determined, as near as may be, in the same manner as is before prescribed for deciding controversies between different States.

X

_Sect. 1._ The Executive Power of the United States shall be vested in a single person. His stile shall be, "The President of the United States of America;" and his t.i.tle shall be, "His Excellency". He shall be elected by ballot by the Legislature. He shall hold his office during the term of seven years; but shall not be elected a second time.

_Sect. 2._ He shall, from time to time, give information to the Legislature, of the State of the Union: he may recommend to their consideration such measures as he shall judge necessary, and expedient: he may convene them on extraordinary occasions. In case of disagreement between the two Houses, with regard to the time of adjournment, he may adjourn them to such time as he shall think proper: he shall take care that the laws of the United States be duly and faithfully executed: he shall commission all the officers of the United States; and shall appoint officers in all cases not otherwise provided for by this Const.i.tution. He shall receive Amba.s.sadors, and may correspond with the Supreme Executives of the several States. He shall have power to grant reprieves and pardons; but his pardon shall not be pleadable in bar of an impeachment. He shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States. He shall, at stated times, receive for his services, a compensation, which shall neither be increased nor diminished during his continuance in office.

Before he shall enter on the duties of his department, he shall take the following Oath or Affirmation, "I * * * solemnly swear, (or affirm) that I will faithfully execute the Office of President of the United States of America." He shall be removed from his office on impeachment by the House of Representatives, and conviction in the Supreme Court, of treason, bribery, or corruption. In case of his removal as aforesaid, death, resignation, or disability to discharge the powers and duties of his office, the President of the Senate shall exercise those powers and duties until another President of the United States be chosen, or until the disability of the President be removed.

XI

_Sect. 1._ The Judicial Power of the United States shall be vested in one Supreme Court, and in such Inferior Courts as shall, when necessary, from time to time, be const.i.tuted by the Legislature of the United States.

_Sect. 2._ The Judges of the Supreme Court, and of the Inferior courts, shall hold their offices during good behaviour. They shall, at stated times, receive for their services, a compensation, which shall not be diminished during their continuance in office.

_Sect. 3._ The Jurisdiction of the Supreme Court shall extend to all cases arising under laws pa.s.sed by the Legislature of the United States; to all cases affecting Amba.s.sadors, other Public Ministers and Consuls; to the trial of impeachments of Officers of the United States; to all cases of Admiralty and Maritime Jurisdiction; to Contriversies between two or more States (except such as shall regard Territory or Jurisdiction) between a State and citizens of another State, between citizens of different States, and between a State or the citizens thereof and foreign States, citizens or subjects. In cases of Impeachment, cases affecting Amba.s.sadors, other Public Ministers and Consuls, and those in which a State shall be a party, this Jurisdiction shall be original. In all the other cases before mentioned it shall be appellate, with such exceptions and under such regulations as the Legislature shall make. The Legislature may a.s.sign any part of the jurisdiction above mentioned (except the trial of the President of the United States) in the manner and under the limitations which it shall think proper, to such Inferior Courts as it shall const.i.tute from time to time.

_Sect. 4._ The trial of all criminal offences (except in cases of impeachments) shall be in the State where they shall be committed; and shall be by jury.

_Sect. 5._ Judgment, in cases of Impeachment, shall not extend further than to removal from office, and disqualification to hold and enjoy any office of honour, 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.

XII

No State shall coin money; nor grant letters of marque and reprisal; nor enter into any treaty, alliance, or confederation; nor grant any t.i.tle of n.o.bility.

XIII

No State, without the consent of the Legislature of the United States, shall emit bills of credit, or make anything but specie a tender in payment of debts; lay imposts or duties on imports; nor keep troops or s.h.i.+ps of war in time of peace; nor enter into any agreement or compact with another State, or with any foreign power; nor engage in any war, unless it shall be actually invaded by enemies, or the danger of invasion be so imminent, as not to admit of a delay, until the Legislature of the United States can be consulted.

XIIII

The citizens of each State shall be ent.i.tled to all privileges and immunities of citizens in the several States.

XV

Any person charged with treason, felony, or high misdemeanor in any State, who shall flee from justice, and shall be found in any other State, shall, on demand of the Executive Power of the State from which he fled, be delivered up and removed to the State having jurisdiction of the offence.

XVI

Full faith shall be given in each State to the acts of the Legislatures, and to the records and judicial proceedings of the courts and magistrates of every other State.

XVII

New States lawfully const.i.tuted or established within the limits of the United States, may be admitted, by the Legislature, into this government; but to such admission the consent of two thirds of the Members present in each House shall be necessary. If a new State shall arise within the limits of any of the present States, the consent of the Legislatures of such States shall be also necessary to its admission. If the admission be consented to, the new States shall be admitted on the same terms with the original States. But the Legislature may make conditions with the new States concerning the public debt, which shall be then subsisting.

XVIII

The United States shall guaranty to each State a Republican form of government; and shall protect each State against foreign invasions, and, on the application of its Legislature, against domestic violence.

XVIIII

On the application of the Legislatures of two thirds of the States in the Union, for an amendment of this Const.i.tution, the Legislature of the United States shall call a Convention for that purpose.

XX

The Members of the Legislatures, and the executive and judicial officers of the United States, and of the several States, shall be bound by oath to support this Const.i.tution.

XXI

The ratification of the Conventions of * * * States shall be sufficient for organizing this Const.i.tution.

XXII

This Const.i.tution shall be laid before the United States in Congress a.s.sembled, for their approbation; and it is the opinion of this Convention, that it should be afterwards submitted to a Convention chosen in each State, under the recommendation of its legislature, in order to receive the ratification of such Convention.

XXIII