States; and the officers and men so cloathed, armed, and equipped, shall march to the place appointed, and within the time agreed on by the United States in Congress assembled: but if the United States in Congress assembled shall, on consideration of circumstances, judge proper that any state should not raise men, or should raise a smaller number than its quota, and that any other State, should raise a greater number of men than the quota thereof, such extra number shall be raised, officered, cloathed, armed and equipped in the same manner as the quota of such state, unless the legislature of such State shall judge that such extra number cannot be safely spared out of the same; in which case they shall raise, officer, cloath, arm and equip as many of such extra number as they judge can be safely spared; and the officers and men, so cloathed, armed and equipped, shall march to the place appointed, and within the time agreed on by the United States in Congress assembled.

The United States in Congress assembled, shall never engage in a war, nor grant letters of marque and reprisal in time of peace, nor enter into any treaties or alliances, nor coin money, nor regulate the value thereof, nor ascertain the sums and expenses necessary for the defense and welfare of the United States, or any of them, nor emit bills, nor borrow money on the credit of the United States, nor appropriate money, nor agree upon the number of vessels of war to be built or purchased, or the number of land or sea forces to be raised, nor appoint a commander-in-chief of the army or navy, unless nine States assent to the same: nor shall a question on any other point, except for adjourning from day to day, be determined, unless by the votes of a majority of the United States in Congress assembled.

The Congress of the United States shall have power to adjourn to any time within the year, and to any place within the United States, so that no period of adjournment be for a longer duration than the space of six months; and shall publish the journal of their proceedings monthly, except such parts thereof relating to treaties, alliances, or military operations, as in their judgment require secresy; and the yeas and nays of the delegates of each State on any question shall be entered on the journal, when it is desired by any delegate; and the delegates of a State, or any of them, at his or their request, shall be furnished with a transcript of the said journal, except such parts as are above excepted, to lay before the Legislatures of the several States.

81. ARTICLE X. The committee of the States, or any nine of them, shall be authorized to execute, in the recess of Congress, such of the powers of Congress as the United States in Congress assembled, by the consent of nine States, shall from time to time, think expedient to vest them with: provided, That no power be delegated to the said committee, for the exercise of which, by the articles of confederation the voice of nine States in the Congress of the United States assembled is requisite.

82. ARTICLE XI. Canada, acceding to this confederation, and joining in the measures of the United States, shall be admitted into, and entitled to all the advantages of this Union; but no other colony shall be admitted into the same, unless such admission be agreed to by nine states.

83. ARTICLE XII. All bills of credit emitted, moneys borrowed, and debts contracted by or under the authority of Congress, before the assembling of the United States, in pursuance of the present confederation, shall be deemed and considered as a charge against the United States, for payment and satisfaction whereof the said United States and the public faith are hereby solemnly pledged.

84. ARTICLE XIII. Every State shall abide by the determinations of the United States in Congress assembled, on all questions which, by this confederation, are submitted to them. And the articles of this confederation shall be inviolably observed by every State, and the Union shall be perpetual;

nor shall any alteration at any time hereafter be made in any of them, unless such alteration be agreed to in a Congress of the United States, and be afterwards confirmed by the Legislatures of every State.

And, whereas, it has pleased the Great Governor of the world to incline the hearts of the Legislatures we respectively represent in Congress, to approve of, and to authorize us to ratify the said articles of confederation and perpetual union. KNOW YE, That we, the undersigned delegates, by virtue of the power and authority to us given for that purpose, do, by these presents, in the name and in behalf of our respective constituents, fully and entirely ratify and confirm each and every of the said articles of confederation and perpetual Union, and all and singular the matters and things therein contained, and we do further solemnly plight and engage the faith of our respective constituents, that they shall abide by the determinations of the United States in Congress assembled, on all questions, which, by the said confederation, are submitted to them; and that the articles thereof shall be inviolably observed by the States we re[s]pectively represent; and that the Union shall be perpetual.

85. In witness whereof, We have hereunto set our hands, in Congress. Done at Philadelphia, in the State of Pennsylvania, the ninth day of July, in the year of our Lord one thousand, seven hundred and seventy-eight, and in the third year of the Independence of America.

ON THE PART & BEHALF OF THE STATE OF NEW HAMPSHIRE.-Josiah Bartlett, John Wentworth, Junr. (August 8, 1778.)

ON THE PART AND BEHALF OF THE STATE OF MASSACHUSETTS BAY.-John Hancock, Samuel Adams, Eldbridge Gerry, Francis Dana, James Lovell, Samuel Holton.

ON THE PART AND BEHALF OF THE STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS.-William Ellery, Henry Marchant, John Collins.

ON THE PART AND BEHALF OF THE STATE OF CONNECTICUT. — Roger Sherman, Samuel Huntington, Oliver Wolcott, Titus Hosmer, Andrew Adams. ON THE PART AND BEHALF OF THE STATE OF NEW YORK.-Jas. Duane, Fran. Lewis, Wm. Duer, Gouv. Morris.

ON THE PART AND BEHALF OF THE STATE OF NEW JERSEY.-Jno. Witherspoon, Nathl. Scudder. (Nov. 26, 1778.)

ON THE PART AND BEHALF OF THE STATE OF PENNSYLVANIA. — Robt. Morris, Daniel Roberdeau, Jonas Bayard Smith, William Clingan, Joseph Reed. (22d July, 1778.)

ON THE PART & BEHALF OF THE STATE OF DELAWARE.-Tho M'Kean.(Feby. 12, 1779), John Dickinson (May 5th, 1779), Nicholas Van Dyke.

ON THE PART AND BEHALF OF THE STATE OF MARYLAND.-John Hanson (March 1, 1781), Daniel Carroll. (Mar. 1, 1781.)

ON THE PART AND BEHALF OF THE STATE OF VIRGINIA. -Richard Henry Lee, John Banister, Thomas Adams, Jno. Harvie, Francis Lightfoot Lee. ON THE PART AND BEHALF Of the State of No. CAROLINA.—John Penn (July 21st, 1778), Corns. Harnett, Jno. Williams.

ON THE PART & BEHALF OF THE STATE OF SOUTH CAROLINA. -Henry Laurens, William Henry Drayton, Jno. Matthews, Richd. Hutson, Thos. Heyward, Junr.

ON THE PART & BEHALF OF THE STATE OF GEORGIA.-Jno. Walton (24th July, 1778), Edwd. Telfair, Edwd. Langworthy.

CONSTITUTION OF THE UNITED STATES

ARTICLE VI.

167. Validity of debts and engagements.
168. Constitution, laws, and treaties the
supreme law of the land.

169. Oaths of public officers, and prohibition of religious tests.

ARTICLE VII.

170. Ratification of the Constitution.

ARTICLES IN ADDITION TO, AND AMENDMENT OF, THE CONSTITUTION.

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 commis sioners 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 respectfully delegated would concur, and use their endeavors to procure the concur rence 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 Massa chusetts, 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 b put in operation, and an explanatory letter. Congress, on the 28th of September, 1787. directed the Constitution so framed, with the resolutions and letter containing 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 1 1787; New Jersey, December 18. 1787; Georgia. January 2, 1788; Connecticut, January 3 1788; Massachusetts, February 6, 1788: Maryland, April 28. 1788; South Carolina, May 1788: New Hampshire, June 21, 1788; Virginia, June 26, 1788; and New York, July 26, 17, 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. 17 that Rhode Island had ratified the Constitution May 29, 1789. Vermont, in convention, ratifi 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."

CONSTITUTION OF THE UNITED STATES-17871

86. 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.

2 Chisholm v. Georgia, 2 Dall. 419; McCulloch v. Maryland, 4 Wh. 316; Brown v. Maryland, 12 Wh. 419; Barron v. Mayor and City Council of Baltimore, 7 Pet. 243; Dred Scott v. Sanford, 19 How. 393; Lane County v. Oregon, 7 Wall. 71; Texas v. White, 7 Wall. 700: Claflin v. Houseman, 93 U. S. 130; Williams v. Bruffy, 96 U. S. 176; Tennessee v. Davis, 100 U. S. 257; Langford v. United States, 101 U. S. 341; United States v. Jones. 109 U. S. 513; Fort Leavenworth Railroad Co. v. Lowe, 114 U. S. 525; Chinese Exclusion Case. 130 U. S. 581; Geofroy v. Riggs, 133 T. S. 258; In re Neagle, 135 U. S. 1; In re Ross, 140 U. S. 453; Logan v. United States, 144 U. S. 263; Lascelles v. Georgia, 148 U. S.

537; Fong Yue Ting v. United States, 149 U. S. 698; In re Tyler, 149 U. S. 164; United States v. E. C. Knight Co., 156 U. S. 1; Mat. tox v. United States, 156 U. S. 237; In re Quarles and Butler, 158 U. S. 532; In re Debs, Petitioner, 158 U. S. 564; Ward v. Race Horse, 163 U. S. 504; De Lima v. Bidwell, 182 U. S. 1; Prout v. Starr, 188 U. S. 537; Jacobson v. Massachusetts, 197 U. S. 11; South Carolina v. United States, 199 U. S. 437; Ellis v. United States, 206 U. S. 246; Dick v. United States, 208 Ú. S. 340; Muller v. Oregon, 208 U. S. 412.

Decision of Nevada Supreme Court: Maynard v. Newman, 1 Nev. 275, 276, 286.

ARTICLE I.

Legislative powers vested in Congress.

87. 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.

Members chosen by people of the States every second year-Electors of the House of Representatives.

88. SECTION. 2. 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.

Ex parte Yarbrough, 110 U. S. 651; Wiley v. Sinkler, 179 U. S. 58.

Age as a qualification of the Representative-Citizenship as a qualification of the Member-Inhabitancy as a qualification of the Member.

89. 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.

The old provision for apportionment of Representatives and direct taxes-Census as a basis of apportionment.

90. [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.]3 The

1 A literal copy of the original furnished by the Secretary of State of the United States.

? Annotations include vol. 219 United States Reports, and continued through S. C. R. in vol. 31. p. 653, and vol. 32 Nevada Reports, and vol. 33 Nevada Reports, as published in Pacific Reporter to and including vol. 116, p. 624.

3 The clause included in brackets is amended, in respect to apportionment of Representatives, by the 14th amendment, 2d section, sec. 186 of this work.