Complete Works. Hamilton Alexander

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СКАЧАТЬ by the first Section of this Article to be given within the time therein limited, they may, nevertheless, cause it to be afterwards given; but their neglect, if wilful, is hereby declared to be an offence, for which they may be impeached, and if convicted they shall be punished as in other cases of conviction on impeachment.

      Sec. 7. The Legislature shall, by permanent laws, provide such further regulations as may be necessary for the more orderly election of the President, not contravening the provisions herein contained.

      Sec. 8. The President, before he shall enter upon the execution of his office, shall take an oath or affirmation faithfully to execute the same, and to the utmost of his judgment and power to protect the rights of the people and preserve the Constitution inviolate. This oath or affirmation shall be administered by the President of the Senate, for the time being, in the presence of both Houses of the Legislature.

      Sec. 9. The Senate and the Assembly shall always convene in session on the day appointed for the meeting of the second electors, and shall continue sitting till the President take the oath or affirmation of office. He shall hold his office during good behavior, removable only by conviction upon an impeachment for some crime or misdemeanor.

      Sec. 10. The President, at the beginning of every meeting of the Legislature, as soon as they shall be ready to proceed to business, shall convene them together at the place where the Senate shall sit, and shall communicate to them all such matters as may be necessary for their information, or as may require their consideration. He may, by message, during the session, communicate all other matters which may appear to him proper. He may, whenever in his opinion the public business shall require it, convene the Senate and Assembly, or either of them, and may prorogue them for a time, not exceeding forty days at one prorogation; and if they should disagree about their adjournment, he may adjourn them to such time as he shall think proper. He shall have a right to negative all bills, resolutions, or acts of the two Houses of the Legislature about to be passed into laws. He shall take care that the laws be faithfully executed. He shall be the Commander-in-Chief of the army and navy of the United States and of the militia within the several States, and shall have the direction of war, when commenced; but he shall not take the actual command in the field of an army without the consent of the Senate and Assembly. All treaties, conventions, and agreements with foreign nations shall be made by him, by and with the advice and consent of the Senate. He shall have the appointment of the principal or chief officer of each of the departments of war, naval affairs, finances, and foreign affairs; and shall have the nomination, and, by and with the consent of the Senate, the appointment of all other officers to be appointed under the authority of the United States, except such for whom different provision is made by this Constitution; and provided, that this shall not be construed to prevent the Legislature from appointing, by name, in their laws, persons to special and particular trusts created in such laws; nor shall be construed to prevent principals in office, merely ministerial, from constituting deputies. In the recess of the Senate he may fill vacancies in offices, by appointments, to continue in force until the end of the next session of the Senate; and he shall commission all officers. He shall have power to pardon all offences except treason, for which he may grant reprieves until the opinion of the Senate and Assembly can be had, and with their concurrence may pardon the same.

      Sec. 11. He shall receive a fixed compensation for his services, to be paid to him at stated times, and not to be increased or diminished during his continuance in office.

      Sec. 12. If he depart out of the United States without the consent of the Senate and Assembly, he shall thereby abdicate his office.

      Sec. 13. He may be impeached for any crime or misdemeanor by the two Houses of the Legislature, two thirds of each House concurring; and if convicted, shall be removed from office. He may be afterward tried and punished in the ordinary course of law. His impeachment shall operate as a suspension from office until the determination thereof.

      Sec. 14. The President of the Senate shall be Vice-President of the United States. On the death, resignation, impeachment, removal from office, or absence from the United States of the President thereof, the Vice-President shall exercise all the powers by this Constitution vested in the President, until another shall be appointed, or until he shall return within the United States, if his absence was with the consent of the Senate and Assembly.

      Article V

      Sec. 1. There shall be a chief-justice of the Supreme Court, and he with the other judges thereof, shall hold their offices during good behavior, removable only by conviction on impeachment for some crime or misdemeanor. Each judge shall have a competent salary, to be paid to him at stated times, and not to be diminished during his continuance in office.

      The Supreme Court shall have original jurisdiction in all causes in which the United States shall be a party; in all controversies between the United States and a particular State, or between two or more States, except such as relate to a claim of territory between the United States and one or more States, which shall be determined in the mode prescribed in the 6th Article; in all cases affecting foreign ministers, consuls, and agents; and an appellate jurisdiction, both as to law and fact, in all cases which shall concern the citizens of foreign nations, in all questions between the citizens of different States, and in all others in which the fundamental rights of this Constitution are involved, subject to such exceptions as are herein contained, and to such regulations as the Legislature shall provide.

      The judges of all courts which may be constituted by the Legislature shall also hold their places during good behavior, removable only by conviction on impeachment for some crime or misdemeanor; and shall have competent salaries, to be paid at stated times, and not to be diminished during their continuance in officé but nothing herein contained shall be construed to prevent the Legislature from abolishing such courts themselves.

      All crimes, except upon impeachment, shall be tried by a jury of twelve men; and if they shall have been committed within any State, shall be tried within such State. And all civil causes arising under this Constitution of the like kind with those which have been heretofore triable by jury in the respective States, shall in like manner be tried by jury, unless in special cases the Legislature shall think proper to make different provision, to which provision the concurrence of two thirds of both Houses shall be necessary.

      Impeachments of the President and Vice-President of the United States, members of the Senate, the Governors and Presidents of the several States, the principal or chief officers of the departments enumerated in the 10th Section of the 4th Article, ambassadors, and other like public ministers, the judges of the Supreme Court, generals and admirals of the navy, shall be tried by a court to consist of the judges of the Supreme Court, and the chief-justice, or first or senior judge of the Superior Court of law in each State, of whom twelve shall constitute a court. A majority of the judges present may convict. All other persons shall be tried on impeachment, by a Court to consist of the judges of the Supreme Court, and six Senators drawn by lot; a majority of whom may convict. Impeachments shall clearly specify the particular offence for which the party accused is to be tried; and judgment on conviction upon the trial thereof shall be either a removal from office singly, or removal from office and disqualification for holding any future office or place of trust. But no judgment on impeachment shall prevent prosecution and punishment in the ordinary course of law, provided that no judge concerned in such conviction shall sit as judge on the second trial. The Legislature may remove the disabilities incurred by conviction on impeachment.

      Article VI

      Controversies about the right of territory between the United States and particular States shall be determined by a court to be constituted in manner following: The State or States claiming in opposition to the United States, as parties, shall nominate a number of persons equal to double the number of the judges of the Supreme Court, for the time being, of whom СКАЧАТЬ