Category Archives: ~ Culture & History

5 Things You May Not Know About Lincoln, Slavery and Emancipation – Sarah Pruitt


slavery29.8MillionSeptember 22 marks the 150th anniversary of Abraham Lincoln’s preliminary Emancipation Proclamation, in which he declared that as of January 1, 1863, all slaves in states in rebellion against the Union “shall be then, thenceforward, and forever free.”
To commemorate the occasion, we invite you to consider some surprising facts about Lincoln’s views on slavery, and the complex process that led him to issue the document he later called “the central act of my administration, and the greatest event of the 19th century.
Depiction by Francis Bicknell Carpenter of Abraham Lincoln’s first reading of the Emancipation Proclamation, in July 1862. It hangs in the U.S. Capitol.

1. Lincoln wasn’t an abolitionist.  Lincoln did believe that slavery was morally wrong, but there was one big problem: It was sanctioned by the highest law in the land, the Constitution. The nation’s founding fathers, who also struggled with how to address slavery, did not explicitly write the word “slavery” in the Constitution, but they did include key clauses protecting the institution, including a fugitive slave clause and the three-fifths clause, which allowed Southern states to count slaves for the purposes of representation in the federal government. In a three-hour speech in Peoria, Illinois, in the fall of 1854, Lincoln presented more clearly than ever his moral, legal and economic opposition to slavery—and then admitted he didn’t know exactly what should be done about it within the current political system.

Abolitionists, by contrast, knew exactly what should be done about it: Slavery should be immediately abolished, and freed slaves should be incorporated as equal members of society. They didn’t care about working within the existing political system, or under the Constitution, which they saw as unjustly protecting slavery and slave owners. Leading abolitionist William Lloyd Garrison called the Constitution “a covenant with death and an agreement with Hell,” and went so far as to burn a copy at a Massachusetts rally in 1854. Though Lincoln saw himself as working alongside the abolitionists on behalf of a common anti-slavery cause, he did not count himself among them. Only with emancipation, and with his support of the eventual 13th Amendment, would Lincoln finally win over the most committed abolitionists.

2. Lincoln didn’t believe blacks should have the same rights as whites. Though Lincoln argued that the founding fathers’ phrase “All men are created equal” applied to blacks and whites alike, this did not mean he thought they should have the same social and political rights. His views became clear during an 1858 series of debates with his opponent in the Illinois race for U.S. Senate, Stephen Douglas, who had accused him of supporting “negro equality.” In their fourth debate, at Charleston, Illinois, on September 18, 1858, Lincoln made his position clear. “I will say then that I am not, nor ever have been, in favor of bringing about in any way the social and political equality of the white and black races,” he began, going on to say that he opposed blacks having the right to vote, to serve on juries, to hold office and to intermarry with whites. What he did believe was that, like all men, blacks had the right to improve their condition in society and to enjoy the fruits of their labor. In this way they were equal to white men, and for this reason slavery was inherently unjust.

Like his views on emancipation, Lincoln’s position on social and political equality for African-Americans would evolve over the course of his presidency. In the last speech of his life, delivered on April 11, 1865, he argued for limited black suffrage, saying that any black man who had served the Union during the Civil War should have the right to vote.

3. Lincoln thought colonization could resolve the issue of slavery.  For much of his career, Lincoln believed that colonization—or the idea that a majority of the African-American population should leave the United States and settle in Africa or Central America—was the best way to confront the problem of slavery. His two great political heroes, Henry Clay and Thomas Jefferson, had both favored colonization; both were slave owners who took issue with aspects of slavery but saw no way that blacks and whites could live together peaceably. Lincoln first publicly advocated for colonization in 1852, and in 1854 said that his first instinct would be “to free all the slaves, and send them to Liberia” (the African state founded by the American Colonization Society in 1821).

Nearly a decade later, even as he edited the draft of the preliminary Emancipation Proclamation in August of 1862, Lincoln hosted a delegation of freed slaves at the White House in the hopes of getting their support on a plan for colonization in Central America. Given the “differences” between the two races and the hostile attitudes of whites towards blacks, Lincoln argued, it would be “better for us both, therefore, to be separated.” Lincoln’s support of colonization provoked great anger among black leaders and abolitionists, who argued that African-Americans were as much natives of the country as whites, and thus deserved the same rights. After he issued the preliminary Emancipation Proclamation, Lincoln never again publicly mentioned colonization, and a mention of it in an earlier draft was deleted by the time the final proclamation was issued in January 1863.

4. Emancipation was a military policy.  As much as he hated the institution of slavery, Lincoln didn’t see the Civil War as a struggle to free the nation’s 4 million slaves from bondage. Emancipation, when it came, would have to be gradual, and the important thing to do was to prevent the Southern rebellion from severing the Union permanently in two. But as the Civil War entered its second summer in 1862, thousands of slaves had fled Southern plantations to Union lines, and the federal government didn’t have a clear policy on how to deal with them. Emancipation, Lincoln saw, would further undermine the Confederacy while providing the Union with a new source of manpower to crush the rebellion.

In July 1862 the president presented his draft of the preliminary Emancipation Proclamation to his cabinet. Secretary of State William Seward urged him to wait until things were going better for the Union on the field of battle, or emancipation might look like the last gasp of a nation on the brink of defeat. Lincoln agreed and returned to edit the draft over the summer. On September 17 the bloody Battle of Antietam gave Lincoln the opportunity he needed. He issued the preliminary proclamation to his cabinet on September 22, and it was published the following day. As a cheering crowd gathered at the White House, Lincoln addressed them from a balcony: “I can only trust in God I have made no mistake … It is now for the country and the world to pass judgment on it.”

5. The Emancipation Proclamation didn’t actually free all of the slaves. Since Lincoln issued the Emancipation Proclamation as a military measure, it didn’t apply to border slave states like Delaware, Maryland, Kentucky and Missouri, all of which had remained loyal to the Union. Lincoln also exempted selected areas of the Confederacy that had already come under Union control in hopes of gaining the loyalty of whites in those states. In practice, then, the Emancipation Proclamation didn’t immediately free a single slave, as the only places it applied were places where the federal government had no control—the Southern states currently fighting against the Union.

Despite its limitations, Lincoln’s proclamation marked a crucial turning point in the evolution of Lincoln’s views of slavery, as well as a turning point in the Civil War itself. By war’s end, some 200,000 black men would serve in the Union Army and Navy, striking a mortal blow against the institution of slavery and paving the way for its eventual abolition by the 13th Amendment.

Black History Month

Detroit Race Riot 6/20 (1943)


The image above: The intersection of 12th and Clairmount in Detroit was the epicenter of the 1967 civil disturbance. In the early hours of July 23, after police detain 85 partygoers at a blind pig, an outraged crowd gathers and soon a bottle is thrown at a police cruiser.
The Detroit News archives

Pulling a Man Off a Streetcar, Detroit Riot, 1943

The Detroit Riot of 1943 lasted only about 24 hours from 10:30 on June 20 to 11:00 p.m. on June 21; nonetheless it was considered one of the worst riots during the World War II era.  Several contributing factors revolved around police brutality, and the sudden influx of black migrants from the south into the city, lured by the promise of jobs in defense plants.  The migrants faced an acute housing shortage which many thought would be reduced by the construction of public housing.  However the construction of public housing for blacks in predominately white neighborhoods often created racial tension.

The Sojourner Truth Homes Riot in 1942, for example, began when whites were enraged by the opening of that project in their neighborhood.  Mobs attempted to keep the black residents from moving into their new homes.  That confrontation laid the foundation for the much larger riot one year later.

On June 20, a warm Saturday evening, a fist fight broke out between a black man and a white man at the sprawling Belle Isle Amusement Park in the Detroit River.  The brawl eventually grew into a confrontation between groups of blacks and whites, and then spilled into the city.  Stores were looted, and buildings were burned in the riot, most of which were located in a black neighborhood.  The riot took place in an area of roughly two miles in and around Paradise Valley, one of the oldest and poorest neighborhoods in Detroit, Michigan.

As the violence escalated, both blacks and whites engaged in violence.  Blacks dragged whites out of cars and looted white-owned stores in Paradise Valley while whites overturned and burned black-owned vehicles and attacked African Americans on streetcars along Woodward Avenue and other major streets.  The Detroit police did little in the rioting, often siding with the white rioters in the violence.

The violence ended only after President Franklin Roosevelt, at the request of Detroit Mayor Edward Jeffries, Jr., ordered 6,000 federal troops into the city.  Twenty-five blacks and nine whites were killed in the violence.  Of the 25 African Americans who died, 17 were killed by the police.  The police claimed that these shootings were justified since the victims were engaged in looting stores on Hastings Street.  Of the nine whites who died, none were killed by the police.  The city suffered an estimated $2 million in property damages.

Sources:
Allen D. Grimshaw, ed., Racial Violence in the United States (Chicago: Aldine Publishing, 1969); Stephen Thernstrom and Abigail Thernstrom, America in Black and White (New York: Simon and Schuster, 1997).

Contributor:

University of Washington

– See more at: http://www.blackpast.org/aah/detroit-race-riot-1943#sthash.SE2l3O76.dpuf

JUNETEENTH is coming – make plans !!!


 
  © JUNETEENTH.com
the Baltimore Sun  

Juneteenth is the oldest known celebration commemorating the ending of slavery in the United States.

Dating back to 1865, it was on June 19th that the Union soldiers, led by Major General Gordon Granger, landed at Galveston, Texas with news that the war had ended and that the enslaved were now free. Note that this was two and a half years after President Lincoln’s Emancipation Proclamation – which had become official January 1, 1863. The Emancipation Proclamation had little impact on the Texans due to the minimal number of Union troops to enforce the new Executive Order.

However, with the surrender of General Lee in April of 1865, and the arrival of General Granger’s regiment, the forces were finally strong enough to influence and overcome the resistance.

Later attempts to explain this two and a half year delay in the receipt of this important news have yielded several versions that have been handed down through the years. Often told is the story of a messenger who was murdered on his way to Texas with the news of freedom. Another is that the news was deliberately withheld by the enslavers to maintain the labor force on the plantations.

And still, another, is that federal troops actually waited for the slave owners to reap the benefits of one last cotton harvest before going to Texas to enforce the Emancipation Proclamation. All of which or neither of these versions could be true. Certainly, for some, President Lincoln’s authority over the rebellious states was in question For whatever the reasons, conditions in Texas remained status quo well beyond what was statutory.

General Order Number 3

One of General Granger’s first orders of business was to read to the people of Texas, General Order Number 3 which began most significantly with:

“The people of Texas are informed that in accordance with a Proclamation from the Executive of the United States, all slaves are free. This involves an absolute equality of rights and rights of property between former masters and slaves, and the connection heretofore existing between them becomes that between employer and free laborer.”

The reactions to this profound news ranged from pure shock to immediate jubilation. While many lingered to learn of this new employer to employee relationship, many left before these offers were completely off the lips of their former ‘masters’ – attesting to the varying conditions on the plantations and the realization of freedom. Even with nowhere to go, many felt that leaving the plantation would be their first grasp of freedom. North was a logical destination and for many it represented true freedom, while the desire to reach family members in neighboring states drove the some into Louisiana, Arkansas and Oklahoma. Settling into these new areas as free men and women brought on new realities and the challenges of establishing a heretofore non-existent status for black people in America. Recounting the memories of that great day in June of 1865 and its festivities would serve as motivation as well as a release from the growing pressures encountered in their new territory. The celebration of June 19th was coined “Juneteenth” and grew with more participation from descendants. The Juneteenth celebration was a time for reassuring each other, for praying and for gathering remaining family members. Juneteenth continued to be highly revered in Texas decades later, with many former slaves and descendants making an annual pilgrimage back to Galveston on this date.

Juneteenth Festivities and Food

A range of activities were provided to entertain the masses, many of which continue in tradition today. Rodeos, fishing, barbecuing and baseball are just a few of the typical Juneteenth activities you may witness today. Juneteenth almost always focused on education and self improvement. Thus, often guest speakers are brought in and the elders are called upon to recount the events of the past. Prayer services were also a major part of these celebrations.

Certain foods became popular and subsequently synonymous with Juneteenth celebrations such as strawberry soda-pop. More traditional and just as popular was the barbecuing, through which Juneteenth participants could share in the spirit and aromas that their ancestors – the newly emancipated African Americans, would have experienced during their ceremonies. Hence, the barbecue pit is often established as the center of attention at Juneteenth celebrations.

Food was abundant because everyone prepared a special dish. Meats such as lamb, pork and beef which not available everyday were brought on this special occasion. A true Juneteenth celebrations left visitors well satisfied and with enough conversation to last until the next.

Dress was also an important element in early Juneteenth customs and is often still taken seriously, particularly by the direct descendants who can make the connection to this tradition’s roots. During slavery there were laws on the books in many areas that prohibited or limited the dressing of the enslaved. During the initial days of the emancipation celebrations, there are accounts of former slaves tossing their ragged garments into the creeks and rivers to adorn clothing taken from the plantations belonging to their former ‘masters’.

Juneteenth and Society

In the early years, little interest existed outside the African American community in participation in the celebrations. In some cases, there was outwardly exhibited resistance by barring the use of public property for the festivities. Most of the festivities found themselves out in rural areas around rivers and creeks that could provide for additional activities such as fishing, horseback riding and barbecues. Often the church grounds was the site for such activities. Eventually, as African Americans became land owners, land was donated and dedicated for these festivities. One of the earliest documented land purchases in the name of Juneteenth was organized by Rev. Jack Yates. This fund-raising effort yielded $1000 and the purchase of Emancipation Park in Houston, Texas. In Mexia, the local Juneteenth organization purchased Booker T. Washington Park, which had become the Juneteenth celebration site in 1898. There are accounts of Juneteenth activities being interrupted and halted by white landowners demanding that their laborers return to work. However, it seems most allowed their workers the day off and some even made donations of food and money. For decades these annual celebrations flourished, growing continuously with each passing year. In Booker T. Washington Park, as many as 20,000 African Americans once flowed through during the course of a week, making the celebration one of the state’s largest.

Juneteenth Celebrations Decline

Economic and cultural forces provided for a decline in Juneteenth activities and participants beginning in the early 1900’s. Classroom and textbook education in lieu of traditional home and family-taught practices stifled the interest of the youth due to less emphasis and detail on the activities of former slaves. Classroom text books proclaimed Lincoln’s Emancipation Proclamation of January 1, 1863 as the date signaling the ending of slavery – and little or nothing on the impact of General Granger’s arrival on June 19th.

The Depression forced many people off the farms and into the cities to find work. In these urban environments, employers were less eager to grant leaves to celebrate this date. Thus, unless June 19th fell on a weekend or holiday, there were very few participants available. July 4th was the already established Independence holiday and a rise in patriotism steered more toward this celebration.

Resurgence

The Civil Rights movement of the 50’s and 60’s yielded both positive and negative results for the Juneteenth celebrations. While it pulled many of the African American youth away and into the struggle for racial equality, many linked these struggles to the historical struggles of their ancestors. This was evidenced by student demonstrators involved in the Atlanta civil rights campaign in the early 1960’s, whom wore Juneteenth freedom buttons. Again in 1968, Juneteenth received another strong resurgence through Poor Peoples March to Washington D.C.. Rev. Ralph Abernathy’s call for people of all races, creeds, economic levels and professions to come to Washington to show support for the poor. Many of these attendees returned home and initiated Juneteenth celebrations in areas previously absent of such activity. In fact, two of the largest Juneteenth celebrations founded after this March are now held in Milwaukee and Minneapolis.

Texas Blazes the Trail

On January 1, 1980, Juneteenth became an official state holiday through the efforts of Al Edwards, an African American state legislator. The successful passage of this bill marked Juneteenth as the first emancipation celebration granted official state recognition. Edwards has since actively sought to spread the observance of Juneteenth all across America.

Juneteenth In Modern Times

Today, Juneteenth is enjoying a phenomenal growth rate within communities and organizations throughout the country. Institutions such as the Smithsonian, the Henry Ford Museum and others have begun sponsoring Juneteenth-centered activities. In recent years, a number of local and national Juneteenth organizations have arisen to take their place along side older organizations – all with the mission to promote and cultivate knowledge and appreciation of African American history and culture.

Juneteenth today, celebrates African American freedom and achievement, while encouraging continuous self-development and respect for all cultures. As it takes on a more national, symbolic and even global perspective, the events of 1865 in Texas are not forgotten, for all of the roots tie back to this fertile soil from which a national day of pride is growing.

The future of Juneteenth looks bright as the number of cities and states creating Juneteenth committees continues to increase. Respect and appreciation for all of our differences grow out of exposure and working together. Getting involved and supporting Juneteenth celebrations creates new bonds of friendship and understanding among us. This indeed, brightens our future – and that is the Spirit of Juneteenth.

History of Juneteenth ©JUNETEENTH.com

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1967 ~ The Lovings ~On June 12th, 1967, the Court’s ruling declared all laws against interracial marriage in the United States to be unconstitutional – possibly on a future ballot? In Memory


 visit Loving Day’s website.

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The Loving Story:

Richard P. Loving, and his wife Mildred, shown in this January 26, 1965 photograph, will file a suit at Federal Court in Richmond, Va., asking for permission to live as husband and wife in Virginia. Both are from Carolin County, south of Fredericksburg, Va., and were married in Washington in 1958. Upon their return the interracial couple was convicted under the state’s miscegenation law that bans mixed marriages. They received a suspended sentence on the condition they leave the state, but they now want to return to Virginia. (AP Photo)

With fight for same-sex marriage such a regular point of conflict today, it’s easy to forget about the first fight for marriage equality: interracial marriage. But while anti-miscegenation laws may seem like a relic of the past, it wasn’t until 2000 that Alabama became the last state to adapt its constitutional laws on interracial marriage.

In 1967, the United States Supreme Court put an end to the prohibition of interracial marriage in the monumental case of Loving v. Virginia.

The case was sparked by Mildred Loving, née Jeter, who after discovering she was pregnant traveled with boyfriend Richard Loving and from their home in Virginia to Washington, D.C. They made the move to evade Virginia’s Racial Integrity Act of 1924, which prohibited them from marrying John was a white male while Mildred was black and Native American.

Five weeks after their nuptials, they returned to Virginia. An anonymous tip led to a police raid. Instead of finding them having sex, which was another criminal offense at the time, they caught them sleeping in their marital bed. The couple was taken to jail after Mildred pointed out their D.C. marriage certificate. It was used as evidence of “cohabiting as man and wife, against the peace and dignity of the Commonwealth.”

The Lovings were sentenced to one year in prison, but it was suspended on the condition that the couple leaves Virginia and not return together for 25 years.

Initially they did just that, but by 1963, Mildred had enough and decided to write to Attorney General Robert F. Kennedy. The letter inspired Kennedy to connect her with the ACLU, which took the case to the U.S. Supreme Court.

On June 12th, 1967, the Court’s ruling declared all laws against interracial marriage in the United States to be unconstitutional.

While cases like Brown v. Board of Education or Rosa Parks’ stand against segregation are taught regularly in schools, the Loving case gets less attention. Thirty-six years after the trial, Ken Tanabe first learned of the case as a grad student and founded the Loving Day Project to commemorate the anniversary. He, like many others, discovered it by accident.

“I realized that I might not be alive today (along with millions of other Americans) if it wasn’t for this case and those that came before it,” Tanabe, who is mixed race, told AOL via email.

The project has since expanded from its humble roots in New York City across the nation and even around the world.

According to a recent Gallup poll, 11 percent of Americans do not interracial marriage. When the Lovings were arrested the numbers, disapproval ratings were 94 percent. The falling disapprove numbers may appear to be a victory, but Tanabe says they are still worth worrying about.

“When Barack Obama was elected president, some people thought that racism was ‘over.’ While his election was an important sign of progress, it’s dangerous to believe we can stop being vigilant and proactive,” Tanabe explained. “The stories surrounding Trayvon Martin, Michael Brown, and so many others are some well-known examples. Racism also affects interracial couples and multiracial people every day.”

Rather than remain mutually exclusive, Loving Day embraced, and been embraced, by the LGBTQ community. On the 40th anniversary of the Supreme Court ruling, Mrs. Loving urged that gay men and lesbians should be allowed to marry. A march has been planned for this year’s Loving Day in Abilene, TX by Parents, Families and Friends of Lesbians and Gays (PFLAG).

“We see Loving Day as an educational resource for everyone to learn more about the history of marriage and understanding it as a civil rights issue,” said Tenebe.

National attention turned to Loving v. Virginia in 2011 when ‘The Loving Story’ premiered at the Tribeca Film Festival and was purchased by HBO. This year, Jeff Nichols, writer and director of the Matthew McCounghey flick ‘Mud,’ announced he will direct a new Hollywood “Loving” film starring Ruth Negga and Joel Edgerton.

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Black History is American History

CONSTITUTION OF THE UNITED STATES OF AMERICA (1787)


A reminder … 

The Constitution was written in the summer of 1787 in Philadelphia, Pennsylvania, by delegates from 12 states, in order to replace the Articles of Confederation with a new form of government. It created a federal system with a national government composed of 3 separated powers and included both reserved and concurrent powers of states. The president of the Constitutional Convention, the body that framed the new government, was George Washington, though James Madison is known as the “Father of the Constitution” because of his great contributions to the formation of the new government. Gouverneur Morris wrote the Constitution’s final language. The Constitution was a compact – though Federalists and Anti-Federalists disagreed over whether the states or the people were the agents of the compact.

In September of 1787, it was sent to the states for ratification. Nine of the 13 states would have to ratify it for the Constitution to become effective for those ratifying states. The future was not certain at all—a debate began among the states over ratification. Those who argued that the Constitution should be approved were called Federalists; those who argued against it were called Anti-Federalists.

Many of the state conventions ratified the Constitution, but called for amendments specifically protecting individual rights from abridgement by the federal government. The debate raged for months. By June of 1788, 9 states had ratified the Constitution, ensuring it would go into effect for those 9 states. However, key states including Virginia and New York had not ratified. James Madison, the principal author of the Constitution, knew that grave doubts would be cast on the Constitution if those states (the home states of several of its chief architects, including Madison himself) did not adopt it.

During the ratification debate in Virginia, Madison promised that a bill of rights would be added after ratification. His promise reassured the convention and the Constitution was approved in that state by the narrowest margin. New York soon followed, but submitted proposed amendments. Two states, Rhode Island and North Carolina, refused to ratify without a bill of rights. A year later in June of 1789, Madison proposed a series of amendments to be debated in the first Congress.

Principles of the Constitution include checks and balances, individual rights, liberty, limited government, natural rights theory, republican government, and popular sovereignty.

Antecedent documents to the Constitution include the political writings about natural rights theory and forms of government by John Locke, Thomas Hobbes, and Montesquieu, and English charters of liberty including the Magna Carta and the English Bill of Rights. James Madison saw one important difference between those documents and the Constitution, however: “In Europe, charters of liberty have been granted by power. America has set the example . . . of charters of power granted by liberty.”

 

THE CONSTITUTION OF THE UNITED STATES OF AMERICA (1787) – FULL TEXT

Preamble

We the People of the United States, in Order to form a more perfect Union, establish justice, insure domestic Tranquility, provide for the common defense, 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

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.

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.

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.

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 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.

When vacancies happen in the Representation from any state, the executive authority thereof shall issue writs of election to fill such vacancies.

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

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.

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 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.

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.

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

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.

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.

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.

Section 4. 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.

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.

Section 5. 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.

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.

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.

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.

Section 6. 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.

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.

Section 7. 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.

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 (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.

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.

Section 8. 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;

To borrow money on the credit of the United States;

To regulate commerce with foreign nations, and among the several states, and with the Indian tribes;

To establish a uniform rule of naturalization, and uniform laws on the subject of bankruptcies throughout the United States;

To coin money, regulate the value thereof, and of foreign coin, and fix the standard of weights and measures;

To provide for the punishment of counterfeiting the securities and current coin of the United States;

To establish post offices and post roads;

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;

To constitute tribunals inferior to the Supreme Court;

To define and punish piracies and felonies committed on the high seas, and offenses against the law of nations;

To declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water;

To raise and support armies, but no appropriation of money to that use shall be for a longer term than two years;

To provide and maintain a navy;

To make rules for the government and regulation of the land and naval forces;

To provide for calling forth the militia to execute the laws of the union, suppress insurrections and repel invasions;

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;

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, dockyards, and other needful buildings;–And

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.

Section 9. 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.

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.

No bill of attainder or ex post facto Law shall be passed.

No capitation, or other direct, tax shall be laid, unless in proportion to the census or enumeration herein before directed to be taken.

No tax or duty shall be laid on articles exported from any state.

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.

No money shall be drawn from the treasury, but in consequence of appropriations made by law; and a regular statement and account of receipts and expenditures of all public money shall be published from time to time.

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.

Section 10. No state shall enter into any treaty, alliance, or confederation; grant letters of marque and reprisal; coin money; emit bills of credit; make anything 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.

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.

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.

Article II

Section 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:

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.

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 choose 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 choose the President. But in choosing 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 more who have equal votes, the Senate shall choose from them by ballot the Vice President.

The Congress may determine the time of choosing the electors, and the day on which they shall give their votes; which day shall be the same throughout the United States.

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.

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.

The President shall, at stated times, receive for his services, a compensation, which shall neither be increased 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.

Before he enter on the execution of his office, he shall take the following oath or affirmation:–“I do solemnly 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.”

Section 2. 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 against the United States, except in cases of impeachment.

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.

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.

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.

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.

Article III

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.

Section 2. 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.

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.

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.

Section 3. 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.

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.

Article IV

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.

Section 2. The citizens of each state shall be entitled to all privileges and immunities of citizens in the several states.

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.

No person held to service or labor 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 labor, but shall be delivered up on claim of the party to whom such service or labor may be due.

Section 3. New states may be admitted by the Congress into this union; but no new states 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.

The Congress shall have power to dispose of and make all needful rules and regulations respecting the territory or 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.

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

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 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.

Article VI

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.

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 the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the Constitution or laws of any State to the contrary notwithstanding.

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.

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.

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 hereunto subscribed our Names,

G. Washington-Presidt. and deputy from Virginia

New Hampshire: John Langdon, Nicholas Gilman

Massachusetts: Nathaniel Gorham, Rufus King

Connecticut: Wm: Saml. Johnson, Roger Sherman

New York: Alexander Hamilton

New Jersey: Wil: Livingston, David Brearly, Wm. Paterson, Jona: Dayton

Pennsylvania: B. Franklin, Thomas Mifflin, Robt. Morris, Geo. Clymer, Thos. FitzSimons, Jared Ingersoll, James Wilson, Gouv Morris

Delaware: Geo: Read, Gunning Bedford jun, John Dickinson, Richard Bassett, Jaco: Broom

Maryland: James McHenry, Dan of St Thos. Jenifer, Danl Carroll

Virginia: John Blair–, James Madison Jr.

North Carolina: Wm. Blount, Richd. Dobbs Spaight, Hu Williamson

South Carolina: J. Rutledge, Charles Cotesworth Pinckney, Charles Pinckney, Pierce Butler

Georgia: William Few, Abr Baldwin

resources: billofrightsinstitute.org   image: internet