Chapter 28

We hold these truths to be self-evident--that all men are created equal; that they are endowed by their Creator with certain inalienable rights; that among these are life, liberty, and the pursuit of happiness. That, to secure these rights, governments are instituted among men, deriving their just powers from the consent of the governed; that, whenever any form of government becomes destructive of these ends, it is the right of the people to alter or abolish it, and to institute a new government, laying its foundations on such principles, and organizing its powers in such form, as to them shall seem most likely to effect their safety and happiness. Prudence, indeed, will dictate that governments long established should not be changed for light and transient causes; and, accordingly, all experience hath shown that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same object, evinces a design to reduce them under absolute despotism, it is their right, it is their duty, to throw off such government, and to provide new guards for their future security. Such has been the patient sufferance of these colonies, and such is now the necessity which constrains them to alter their former systems of government. The history of the present king of Great Britain is a history of repeated injuries and usurpations, all having in direct object the establishment of an absolute tyranny over these States. To prove this, let facts be submitted to a candid world.

1. He has refused his assent to laws the most wholesome and necessary for the public good.

2. He has forbidden his governors to pass laws of immediate and pressing importance, unless suspended in their operations till his assent should be obtained; and, when so suspended, he has utterly neglected to attend to them.

3. He has refused to pass other laws for the accommodation of large districts of people, unless those people would relinquish the right of representation in the Legislature--a right inestimable to them, and formidable to tyrants only.

4. He has called together legislative bodies at places unusual, uncomfortable, and distant from the repository of their public records, for the sole purpose of fatiguing them into compliance with his measures.

5. He has dissolved representative houses repeatedly, for opposing, with manly firmness, his invasions on the rights of the people.

6. He has refused, for a long time after such dissolutions, to cause others to be elected, whereby the legislative powers, incapable of annihilation, have returned to the people at large for their exercise; the State remaining, in the meantime, exposed to all the dangers of invasions from without, and convulsions within.

7. He has endeavored to prevent the population of these States; for that purpose obstructing the laws for the naturalization of foreigners; refusing to pass others to encourage their migration hither, and raising the conditions of new appropriations of lands.

8. He has obstructed the administration of justice, by refusing his assent to laws for establishing judiciary powers.

9. He has made judges dependent on his will alone for the tenure of their offices, and the amount and payment of their salaries.

10. He has erected a multitude of new offices, and sent hither swarms of officers to harass our people and eat out their substance.

11. He has kept among us in times of peace, standing armies, without the consent of our Legislatures.

12. He has affected to render the military independent of, and superior to, the civil power.

13. He has combined with others to subject us to a jurisdiction foreign to our constitutions, and unacknowledged by our laws; giving his assent to their acts of pretended legislation:

14. For quartering large bodies of armed troops among us;

15. For protecting them, by a mock trial, from punishment for any murders which they should commit on the inhabitants of these States;

16. For cutting off our trade with all parts of the world;

17. For imposing taxes on us without our consent;

18. For depriving us, in many cases, of the benefits of trial by jury;

19. For transporting us beyond seas, to be tried for pretended offences;

20. For abolishing the free system of English laws in a neighboring province, establishing therein an arbitrary government, and enlarging its boundaries, so as to render it at once an example and fit instrument for introducing the same absolute rule into these colonies;

21. For taking away our charters, abolishing our most valuable laws, and altering, fundamentally, the forms of our governments;

22. For suspending our own Legislatures, and declaring themselves invested with power to legislate for us in all cases whatsoever.

23. He has abdicated government here, by declaring us out of his protection, and waging war against us.

24. He has plundered our seas, ravaged our coasts, burned our towns, and destroyed the lives of our people.

25. He is at this time transporting large armies of foreign mercenaries to complete the works of death, desolation and tyranny, already begun with circumstances of cruelty and perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the head of a civilized nation.

26. He has constrained our fellow-citizens, taken captive on the high seas, to bear arms against their country, to become the executioners of their friends and brethren, or to fall themselves by their hands.

27. He has excited domestic insurrection among us, and has endeavored to bring on the inhabitants of our frontiers the merciless Indian savages, whose known rule of warfare is an undistinguished destruction of all ages, sexes, and conditions.

In every stage of these oppressions we have petitioned for redress in the most humble terms; our repeated petitions have been answered only by repeated injury. A prince whose character is thus marked by every act which may define a tyrant, is unfit to be the ruler of a free people.

Nor have we been wanting in our attentions to our British brethren. We have warned them, from time to time, of attempts by their legislature to extend an unwarrantable jurisdiction over us. We have reminded them of the circumstances of our emigration and settlement here. We have appealed to their native justice and magnanimity, and we have conjured them by the ties of our common kindred to disavow these usurpations, which would inevitably interrupt our connections and correspondence. They, too, have been deaf to the voice of justice and of consanguinity. We must, therefore, acquiesce in the necessity which denounces our separation, and hold them as we hold the rest of mankind--enemies in war; in peace, friends.

We, therefore, the representatives of the United States of America, in general Congress assembled, appealing to the Supreme Judge of the world for the rectitude of our intentions, do, in the name and by the authority of the good people of these colonies, solemnly publish and declare that these united colonies are, and of right ought to be, free and independent States; that they are absolved from all allegiance to the British crown, and that all political connection between them and the state of Great Britain is, and ought to be, totally dissolved, and that, as free and independent States, they have full power to levy war, conclude peace, contract alliances, establish commerce, and do all other acts and things which independent States may of right do. And for the support of this Declaration, with a firm reliance on the protection of Divine Providence, we mutually pledge to each other our lives, our fortunes, and our sacred honor.

The foregoing declaration was, by order of Congress, engrossed, and signed by the following members:

JOHN HANCOCK.

NEW HAMPSHIRE. JOSIAH BARTLETT, WILLIAM WHIPPLE, MATTHEW THORNTON.

MASSACHUSETTS BAY. SAMUEL ADAMS, JOHN ADAMS, ROBERT TREAT PAINE, ELBRIDGE GERRY.

RHODE ISLAND. STEPHEN HOPKINS, WILLIAM ELLERY.

CONNECTICUT. ROGER SHERMAN, SAMUEL HUNTINGTON, WILLIAM WILLIAMS, OLIVER WOLCOTT.

NEW YORK. WILLIAM FLOYD, PHILIP LIVINGSTON, FRANCIS LEWIS, LEWIS MORRIS.

NEW JERSEY. RICHARD STOCKTON, JOHN WITHERSPOON, FRANCIS HOPKINSON, JOHN HART, ABRAHAM CLARK.

PENNSYLVANIA. ROBERT MORRIS, BENJAMIN RUSH, BENJAMIN FRANKLIN, JOHN MORTON, GEORGE CLYMER, JAMES SMITH, GEORGE TAYLOR, JAMES WILSON, GEORGE ROSS.

DELAWARE. CAESAR RODNEY, GEORGE READ, THOMAS M'KEAN.

MARYLAND. SAMUEL CHASE, WILLIAM PACA, THOMAS STONE, CHARLES CARROLL, of Carrollton.

VIRGINIA. GEORGE WYTHE, RICHARD HENRY LEE, THOMAS JEFFERSON, BENJAMIN HARRISON, THOMAS NELSON, JUN., FRANCIS LIGHTFOOT LEE, CARTER BRAXTON.

NORTH CAROLINA. WILLIAM HOOPER, JOSEPH HEWES, JOHN PENN.

SOUTH CAROLINA. EDWARD RUTLEDGE, THOMAS HEYWARD, JUN., THOMAS LYNCH, JUN., ARTHUR MIDDLETON.

GEORGIA. BUTTON GWINNETT, LYMAN HALL, GEORGE WALTON.

CONSTITUTION OF THE UNITED STATES

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.--Legislative Department.

SECTION I. 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 II.

CLAUSE 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.

CLAUSE 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.

CLAUSE 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 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 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.

[Footnote: PREAMBLE.--Name the six objects of the Constitution. Who "ordained and established" this Constitution? Is the "union" one of states or of people? What branches of government are established under the first three articles of the Constitution?

ARTICLE I.--_Section_ 1. What body has the "power of legislation"? (_Note_.--The "power of legislation" is that of making laws.) Of what does Congress consist?

_Section_ 2. Who compose the House of Representatives? Who choose the representatives? What are the necessary qualifications of an elector (or voter) for a representative? How long is the term of a representative? Name the three qualifications necessary for a representative. Is a foreign-born person eligible to the office of representative? How are representatives and direct taxes to be apportioned among the states? How was the representative population of the different states to be determined? What limit is there to the number of representatives? Is every state entitled to representation? How many members were there in the first House of Representatives? How often must the Census be taken? How are vacancies in the House to be filled? Who elect the officers of the House? What body has the sole power of impeachment?]

[Footnote: (_Notes_.--The first census was taken in 1790; the "ratio of representation" being one representative for 33,000 persons. The census of 1870 gave 1:3,533 persona as the "ratio of representation," The number of representatives is fixed by Congress each decade: at present it is 292. In March of the odd year there is a new House of Representatives. Each organized territory has a delegate who can sit in the House, but not vote. The states are each divided, by its own laws, into congressional districts, as many as Ihe number of representatives to which it is entitled; and the electors in each one of these vote for their representative. The phrase "all other persons" meant "slaves": but this has been amended by the XIVth Amendment. The speaker is always a member of the House; the clerk, sergeant-at-arms, chaplain, etc., are not members. To impeach an officer is to accuse him of official misconduct.)]

CLAUSE 4. When vacancies happen in the representation from any State, the executive authority thereof shall issue writs of election to fill such vacancies.

CLAUSE 5. The House of Representatives shall choose their Speaker and other officers; and shall have the sole power of impeachment.

[Footnote: Section 3. Of how many members does the Senate of the United States consist? Who elect the senators? What is a senator's term of office? Explain the classification originally made. What was the object? How are vacancies filled? State the three qualifications necessary for a senator. Who is the president of the Senate? When only can he vote? Who chooses the other officers of the Senate? When can the Senate choose a president _pro tempore_ (for the time being)? What "sole power" does the Senate possess? Who presides when the President of the United States is impeached? What number is needed to convict? What penalties can be inflicted in case of conviction? Is a person so convicted liable to a trial-at-law for the same offence?]

SECTION III.

CLAUSE 1. 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.

CLAUSE 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.

CLAUSE 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 elected, be an inhabitant of that State for which he shall be chosen.

CLAUSE 4. The Vice-President of the United States shall be president of the Senate, but shall have no vote, unless they be equally divided.

CLAUSE 5. The Senate shall choose 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.

CLAUSE 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.

CLAUSE 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.

[Footnote: Section 4. Who prescribes the "time, place and manner" of electing representatives and senators? What power has Congress over the state regulations? How often, and when, must Congress meet? (_Note_--Congress has prescribed that senators shall be chosen in the following manner. The Legislature elected last before the end of the senatorial term, on the second Tuesday after its first session, shall choose the next senator. The two branches of the Legislature shall meet separately and vote _viva voce_. They shall then assemble together, and if they agree on any person, he shall be considered duly elected; if they disagree, the joint meeting shall vote _viva voce_ from day to day, at 12 M., until a choice is made.)]

SECTION IV.

CLAUSE 1. 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 such regulations, except as to the places of choosing senators.

CLAUSE 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.

[Footnote: _Section 5_. Who decides upon the "elections, returns and qualifications" of the representatives and of the senators? What number of the members is necessary for a quorum (needed to do business)? What business can a minority transact? What power is given each House of Congress of making and enforcing rules? What is the law with regard to keeping and publishing a journal of the proceedings? When must the yeas and nays be entered on the journal? What restriction is there upon the time and place of adjournment?]

SECTION V.

CLAUSE 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.

CLAUSE 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.

CLAUSE 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.

CLAUSE 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.

[Footnote: _Section 6_. Who fixes and pays the salaries of members of Congress? What special privileges are granted to members of Congress? To what offices are members of Congress ineligible? Can a Congressman hold another office at the same time?]

SECTION VI.

CLAUSE 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.

CLAUSE 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 increased, 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.

[Footnote: _Section 7_. What bills must originate in the House of Representatives? What authority is given the Senate with regard to such bills? Describe the three ways in which a bill may become a law--(1) With the President's concurrence, (2) over his veto (I forbid); and (3) by non-return within ten dayss? What "orders, resolutions and votes" must be submitted to the President? What is the object of this provision? (_Notes_.--In case a vacancy occurs in the senatorial representation of any state, the governor of the state can appoint a senator to fill the place, who can hold office only until the next session of the Legislature. The method of representation in the Senate gives in that body perfect equality to all the states, Rhode Island having the same power as Virginia. A senator is chosen by the Legislature, a representative by the people; a senator serves for six years, a representative for two. The Senate tries an officer for misconduct, but he must be impeached by the House of Representatives. The salary of a Congressman is now $5,000 per year, and mileage (20 cents per mile for every mile of travel by the usual route in coming and going). The speaker of the House has double a member's salary, and the president of the Senate has a salary of $8,000. One-third of the Senate retire from office every two years. By the term "a Congress" is meant the body of senators and representatives holding office during any one representative term of two years; the Congress which began its term March 4, 1879, is the 46th. Each Congress "ends at noon of the 4th of March next succeeding the beginning of its second regular session." The committees in the House are appointed by the Speaker; those in the Senate by itself. The classification of the Senate makes it a more efficient and conservative body than the House, since in the former there are always two thirds of the number old members, while the House is all new every two years. If the president of the Senate were a senator, it would give extra power to one state, which would be contrary to the plan of that body.)]

SECTION VII.

CLAUSE 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.

CLAUSE 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 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 (Sunday 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.