documents of american democracy

Documents of American Democracy

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ALSO EDITED BY ROGER L. KEMP

AND FROM MCFARLAND

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Documents of American Democracy

A Collection of Essential Works

Edited by ROGER L. KEMP

McFarland & Company, Inc., PublishersJefferson, North Carolina, and London

LIBRARY OF CONGRESS CATALOGUING-IN-PUBLICATION DATA

Documents of American democracy : a collection of essential works / edited by Roger L. Kemp.

p. cm.Includes bibliographical references and index.

ISBN 978-0-7864-4210-2

softcover: 50# alkaline paper

1. United States—Politics and government. 2. United States—Politics and government—Sources. I. Kemp, Roger L.

JK31.D63 2010973—dc22 2010005417

British Library cataloguing data are available

©2010 Roger L. Kemp. All rights reserved

No part of this book may be reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopying or recording, or by any information storage and retrieval system,

without permission in writing from the publisher.

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Manufactured in the United States of America

McFarland & Company, Inc., Publishers

Box 611, Je›erson, North Carolina 28640

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To Anika,the best and the brightest

Grateful acknowledgment is made to the following organizations forgranting permission, and making the resources available, for the materialscontained in this volume.

American Democracy ProjectConnecticut Consortium for Law & Citizenship Education, Inc.

Connecticut State LibraryThe Academy of Political Science

ThinkQuest Education FoundationU. S. National Archives and Records Administration

United Kingdom Parliamentary ArchivesYale University

Acknowledgments

viii

Acknowledgments v

Preface 1

Section I. The Introduction

1. American DemocracyEric Barr, John Baird, and Taylor Rankin 7

Section II. Foundation

2. Magna Carta ( June 15, 1215)King John of England 11

3. Petition of Right (May 27, 1628)Parliament of England 23

4. Bill of Rights (December 16, 1689)Parliament of England 28

Section III. Core Documents

5. Mayflower Compact (November 21, 1620)Pilgrims of the New World 35

6. Fundamental Orders of Connecticut ( January 14, 1639)Colony Council 37

7. Declaration and Resolves of the First Continental Congress (October 14, 1774)Continental Congress 42

8. Declaration of the Causes and Necessity of Taking Up Arms ( July 6, 1775)Continental Congress 46

9. Virginia Declaration of Rights ( June 12, 1776)House of Burgesses 52

10. Declaration of Independence ( July 4, 1776)Continental Congress 55

11. Constitution of Massachusetts ( June 15, 1780)State Constitutional Convention Representatives 59

Table of Contents

ix

12. Articles of Confederation (March 1, 1781)Congress of the Confederation 78

13. Constitution of the United States (September 17, 1787)Congress of the Confederation 84

14. Bill of Rights (December 15, 1791)United States Congress 94

15. Other Amendments to the Constitution of the United States (February 7, 1795, to May 7, 1992)

United States Congress 97

16. Civil Rights Act ( July 2, 1964)United States Congress 104

17. Voting Rights Act (August 6, 1965)United States Congress 133

Section IV. Territory

18. Treaty of Paris (September 3, 1783)Congress of the Confederation 143

19. Land Ordinance (May 20, 1785)Congress of the Confederation 148

20. Northwest Ordinance ( July 13, 1787)Congress of the Confederation 154

21. Louisiana Purchase Treaty (April 30, 1803)United States Congress 160

22. Transcontinental Treaty (February 22, 1819)United States Congress 169

23. Resolution for the Annexation of Texas (March 1, 1845)United States Congress 175

24. Oregon Treaty ( June 15, 1846)United States Congress 180

25. Treaty of Guadalupe Hidalgo (February 2, 1848)United States Congress 183

26. Gadsden Purchase Treaty (December 30, 1853)United States Congress 194

27. Alaska Treaty (March 30, 1867)United States Congress 200

28. Hawaii Resolution ( July 7, 1898)United States Congress 204

Section V. The Future

29. The Future of DemocracyRobert M. Gates 209

x TABLE OF CONTENTS

Appendices

A. Original Thirteen British Colonies 215

B. States and Their Dates of Admission to the Union 216

C. Presidents of the United States 216

D. Formal Declarations of War by the United States 217

E. Number of Governmental Units in the United States 217

F. United States Voting Rights History 218

G. Major Cases in Supreme Court History 219

H. Local Government Historical Document 223

I. Abbreviations and Acronyms 224

J. Glossary 225

K. State Library Resource Directory 227

L. National Resource Directory 228

Bibliography 231

Index 235

Table of Contents xi

American citizens have a lot to be proudof ! They live in one of the oldest democraticforms of government in the world, and thisform of government has helped create a so-ciety in which citizens are free to get involvedin the political process. Citizens can vote,run for political office, endorse incumbents,promote new public office seekers, or merelyback other people who do so. Also, betweenelections citizens are free to attend publicmeetings, many of which are required by law,speak about their policy and program pref-erences at these meetings, write letters to theeditor, and even organize others to get in-volved in “their” political agenda.

The involvement of citizens in theAmerican political process has changed overthe years. For many years, citizens believed inJacksonian Democracy, whereby they wouldget directly involved in the political processby attending meetings, advocating for piecesof legislation, or trying to change or invali-date legislation that they did not like. Thispolitical activism on the part of citizens pri-marily took place before the era of two in-come families, before there came to be littletime for this type of political involvement.Democracy in America was founded on theprinciple of active political involvement onthe part of its citizens.

Most adult households now have bothparents working, and family time is limitedto a few hours in the evenings after work.Many citizens nowadays merely elect theirpolitical representatives, and hold them ac-

countable at voting time from election toelection. This evolving type of democraticinvolvement on the part of citizens is calledJeffersonian Democracy. Many citizens havejustified this type of political involvement byacknowledging that elections and voting givethe common person a chance to elect the un-common person to represent them. Underthis evolving practice, the typical involve-ment of many citizens in the political processis merely voting at election time.

The political involvement of manyAmericans in years past included picketing,protesting, marching, signing petitions, at-tending public meetings, and publicly debat-ing the issues. Today Americans may wear apolitical button, display a bumper sticker ontheir car, or place a candidate’s sign in theirfront yard. Many citizens may also contributefinancially to political campaigns. Because ofother social and economic commitments,American citizens have evolved throughouthistory from engaging in very active politicalinvolvement to more passive political activi-ties.

Everyone will agree that there is no per-fect form of government, and the best formis one that has evolved and changed over timeto best serve its citizens. Most citizens todaytake their form of government for granted.After all, it is the only form of governmentthey have ever known. While history is pro-vided to students in high school and college,little time is spent focusing on how our coun-try’s democratic form of government was es-

Preface

1

tablished and, most importantly, how it hasevolved over time to become one of the mostrespected national governments in the world.Many history classes start with the landing ofthe Pilgrims, and never cover the backgroundand mind-set of the early settlers from theKingdom of England. They had a form ofgovernment that greatly influenced and im-pacted the early settlers in the New World.

This volume focuses on the basics of theformation of America’s democracy, how thecountry expanded, and the changes that havetaken place over the years through legisla-tion, constitutional amendments, supremecourt decisions, and the impact of the evo-lution of our culture over time on our polit-ical processes. Many of the political changesto our democracy, and its form of govern-ment, resulted over time in response tochanging citizen values and expectations. AsAmerican society evolved, so did many as-pects of its democracy. These changes havemanifested themselves in every changing po-litical process, new and revised laws and reg-ulations, as well as the magnitude and typeof services provided by its governments.

For ease of reference, this volume is di-vided into five sections. The first section in-troduces the reader to the subject of Americandemocracy. The second section highlights thefoundation of our form of government,which was influenced by King John as well asthe Parliament of England. Section three,and the longest, contains the core documentsthat established our democratic form of gov-ernment. Section four focuses on the territo-rial expansion of the United States, from theestablishment of the colonies to a countrywith fifty states. The final section examinesthe future of democracy, as well as its world-wide implications. Several appendices arealso included to provide the reader with agreater understanding of the complex anddynamic field of America’s democracy.

Based upon this background informa-tion, and the conceptual schema developedto assemble and present this material, the five

primary sections of this volume are high-lighted and briefly examined below.

Introduction

This chapter provides the reader withan introduction to the field of Americandemocracy. It examines the origins of democ-racy in the world, the path leading to mod-ern democracy, and democracy in the UnitedStates. The concluding portion of the chap-ter is an overview of theories of government.This chapter will give the reader insight intothe origins of the history of democracy, itsworld-wide implications, and provide thefoundation upon which to examine and un-derstand the subsequent sections of this vol-ume.

The Foundation

Our founding fathers, when they landedin the New World, had historical precedentfor the requirements of government, as wellas the liberties that should be given to citi-zens. The Pilgrims were from the Kingdomof England, and they had knowledge of sev-eral documents that formed the basis of thegovernment in their homeland, as well as thefreedoms and rights granted to its citizens.The documents examined in this section,which provide the foundation for America’sdemocracy, are highlighted below.

• The Magna Carta, which was sealed byKing John of England on June 15, 1215.This document is the first one of its kindin England, as well as the rest of the world,to acknowledge the freedoms and rightsof citizens.

• The Petition of Right, which was approvedby the Parliament of England on May 27,1628. This was the first document ap-proved by the Parliament of England thatset forth and acknowledged the rights andliberties of citizens in the Americancolonies.

2 PREFACE

• The English Bill of Rights, which wasapproved by the Parliament of England onDecember 16, 1689. This document setforth the rights and liberties of citizens,and residents from other countries, andrequired for the Crown to seek the consentof the Parliament before taking certain ac-tions impacting citizens.

The Core Documents

Various documents helped form Amer-ica’s democratic form of government, start-ing with those created by the Pilgrims soonafter their landing in an unfamiliar part ofthe world far from their home. The originalcolonists were loyal to England, and it tooka war to emancipate the colonies and theirresidents, the colonists, from the governmentof their homeland. During this time coloniesemerged, citizens were elected to hold pub-lic office, wars were fought, treaties were ne-gotiated, and even amendments were made tothe basic documents of government over theyears. The documents examined in this sec-tion include:

• The Mayflower Compact, which was signedby the Pilgrims of the New World on No-vember 21, 1620. The first document in theNew World was signed to preserve orderand establish rules for self-governance.

• The Fundamental Orders of Connecticut,which were approved by the ColonyCouncil on January 14, 1639. This docu-ment is considered the first written consti-tution establishing a formal governmentin the New World.

• The Declaration and Resolves of the First

Continental Congress, which were ap-proved by the Continental Congress onOctober 14, 1774. This document was cre-ated to make the King and Parliament ofEngland officially aware of the grievancesof the colonies.

• The Declaration of the Causes and Necessity

of Taking Up Arms, which was approved

by the Continental Congress on July 6,1775. This document was prepared to ex-plain why the Thirteen Colonies had takenup arms against England in a battle thatwas later called the American Revolution.

• The Virginia Declaration of Rights, whichwas approved by the House of Burgesseson June 12, 1776. This document reflectsthe first declaration of the rights of citizensby a colony in the New World.

• The Declaration of Independence, whichwas approved by the Continental Congresson July 4, 1776. This document is theproduct of the early days of the Revolu-tionary War, and officially declared the in-dependence of the American coloniesfrom Great Britain.

• The Constitution of Massachusetts, whichwas approved by the State ConstitutionalConvention Representatives on June 15,1780. This document is the oldest func-tioning written constitution in continu-ous use by any government in the world.

• The Articles of Confederation, which wereapproved by the Congress of the Confed-eration on March 1, 1781. This documentis historically recognized as the first con-stitution of the United States of America.

• The Constitution of the United States, whichwas approved by the Congress of the Con-federation on September 17, 1787. Theoriginal constitution is known as thesupreme law of the United States. It pro-vides the foundation, and source of legalauthority, as well as built-in checks-and-balances, for the United States and its fed-eral government.

• The Bill of Rights, which was approved bythe United States Congress on December15, 1791. This document reflects the firstten amendments to the United StatesConstitution. While introduced by JamesMadison in the First United States Con-gress in 1789, they were not effective untilapproved by three-fourths of the statestwo years later.

• The Other Amendments to the Constitution

Preface 3

of the United States, which were approvedby the United States Congress betweenFebruary 7, 1795 and May 7, 1992. TheConstitution of the United States containsan amendment process. This documentincludes those amendments made to theConstitution since the passage of the Billof Rights in 1791.

• The Civil Rights Act, which was approvedby the United States Congress on July 2,1964. This document mandated an en-forcement process to prevent discrimina-tion in voting, the use of public housing,public education, and federally assistedprograms.

• The Voting Rights Act, which was approvedby the United States Congress on August6, 1965. This document reflects the mostsignificant statutory change in the rela-tionship between the federal and stategovernments in the area of voting sincethe Civil War.

Territory

The nation started with the EnglishColony of Roanoke, which was established in1585. This colony ceased to exist as the resi-dents either went their own way to avoid theaboriginal people, and to find suitable farm-land to grow food. The Virginia Company ofPlymouth, England, was granted rights toland in what became the Colony of Virginia.The people they brought over lived in a set-tlement subsequently called Jamestown. Thefirst citizens not involved in a private venturesuch as the Virginia Company were the Pil-grims, who landed in what later becameknown as the Colony of Massachusetts. TheAmerican War of Independence ultimatelyled to the recognition of the original 13colonies in the New World. What was Colo-nial America ultimately became the UnitedStates of America, which now consists of 50states. The documents included within rela-tive to the territorial formation of Americaare listed below.

• The Treaty of Paris, which was approvedby the Congress of the Confederation onSeptember 3, 1783. This document led tothe recognition of the original 13 coloniesin the New World.

• The Land Ordinance, which was approvedby the Congress of the Confederation onMay 20, 1785. This document led to thewestward expansion of the originalcolonies.

• The Northwest Ordinance, which was ap-proved by the Congress of the Confeder-ation on July 13, 1787, and led to the ul-timate colonization of the land northwestof the Ohio River.

• The Louisiana Purchase Treaty, which wasapproved by the United States Congresson April 30, 1803. This document led tothe expansion of the nation to the southand southwest of the original ThirteenColonies.

• The Transcontinental Treaty, approved bythe United States Congress on February22, 1819. This document led to the expan-sion of the nation in parts of what wouldlater be called the state of Florida.

• The Resolution for the Annexation of Texas,which was approved by the United StatesCongress on March 1, 1845. This docu-ment approved the voluntary annexationfor the Republic of Texas to become a partof the United States of America.

• The Oregon Treaty, which was approved bythe United States Congress on June 15,1846. This document between the UnitedKingdom of Great Britain and Ireland set-tled the border dispute for what was thenknown as Oregon Country, which is lo-cated in the northwest section of theUnited States.

• The Treaty of Guadalupe Hidalgo, whichwas approved by the United States Con-gress on February 22, 1848. This docu-ment gave the United States legal rights tosouthwestern and western portions of theUnited States.

• The Gadsden Purchase Treaty, which was

4 PREFACE

approved by the United States Congresson December 30, 1853. This documentsettled the ongoing border dispute be-tween the United States and Mexico in theterritory that now forms the states of Ari-zona and New Mexico.

• The Alaska Treaty, which was approved bythe United States Congress on March 30,1867. This document approved the trans-fer of the Territory of Alaska from Russiato the United States of America.

• The Hawaii Resolution, which was ap-proved by the United States Congress onJuly 7, 1898. This document approved theannexation of the Hawaiian Islands as aterritory, and granted legal possession ofthis area to the United States of America.

The Future

The final chapter of this volume, The

Future of Democracy, examines the impactthat democracy has had on the United Statesof America, as well as the goal of its govern-ment to advance freedom and democracythroughout the world over the years. The au-thor discusses the history of America’sdemocracy, including past problems andthreats, and goes on to examine internationalthreats facing our nation and its citizens, aswell as their form of government. The authorstates that the underlying theme of Americanhistory has been the willingness of our gov-ernment, as influenced by its politicians, todefend our security and our interests in waysthat, in the long run, have led to the expan-sion of democratic values and institutions.He concludes by stating that America, and itsform of government, is looked upon as amodel to emulate by citizens of other coun-tries throughout the world.

Appendices

Many hours were spent researching thevaluable resource materials contained in thisvolume. Since this volume focuses on docu-

ments, every effort was made to providebackground information for the reader to be-come more familiar with the history ofAmerica’s democratic form of governance. Tothis end, some thirteen appendices are in-cluded to further examine the formation ofthe Thirteen Colonies, their colonial expan-sion, the number of states in the UnitedStates, the Presidents of the United States,and formal Declarations of War approved bythe U. S. Congress. Other appendices includethe number of government units in America,the voting rights history that has evolved inthe United States, and major decisions by theSupreme Court throughout our history. Alsoincluded is a listing of abbreviations andacronyms, a glossary of terms, and a listingof state libraries. Finally, and of great value,are a listing of important national resourcesand a bibliography of books and periodi-cals in this field. The resource materials con-tained in the appendices are briefly examinedbelow.

• Original Thirteen British Colonies—Listedby the name of the colony, the year eachwas founded, as well as the name of thefounder.

• States and Their Dates of Admission to the

Union—Each state is listed in rank orderbased on the date of its admission to theUnited States, along with the date onwhich each state was admitted to theUnion.

• Presidents of the United States—Listed bythe name of each president, their numberof years in office, and their political partyaffiliation.

• Formal Declarations of War by the United

States—Listed by the name given to eachwar, the countries we fought against ineach war, who was president at the timethat each declaration was approved, andthe name and date of the document thatconcluded each war.

• Number of Governmental Units in the

United States—Listed categorically for the

Preface 5

federal, state, and local governments. Thenumber of units is shown for 1962 and2007, along with the changes that havetaken place over the years in each cate-gory.

• United States Voting Rights History—Votingrights, or the expansion of them, are listedby year, the document approved and/oraction taken, and the legal impact of thelaw or court decision that was made togrant or acquire them.

• Major Cases in Supreme Court History—Listed by the name of each major courtcase, the year in which each case was de-cided, and a summary of the legal impactof the court decision made.

• Local Government Historical Document—The first local government in the Ameri-can colonies to declare its independencefrom Great Britain was MecklenburgCounty, North Carolina, on May 20, 1775.Because of its significance, this documentis shown in its entirety.

• Abbreviations and Acronyms—Numerousabbreviations and acronyms are listed thatrelate to American democracy and the fed-eral government.

• Glossary—A list of words and terms thatrelate to American democracy and ourfederal government.

• State Library Resource Directory—The pub-lic library for each state is listed in alpha-betical order by state. Each library has awealth of information about the historyof the state, as well as our federal govern-ment.

• National Resource Directory—This direc-tory reflects organizations and associationslisted categorically for the public, non-profit, and educational sectors. The list-ings in each category are shown in alpha-betical order.

• Bibliography—Books that relate to Amer-ica’s democracy and form of governmentand related subjects. A list of periodicalsthat relate to America’s democracy andform of government and related subjects,is included in the bibliography.

I would like to emphasize that manyvolumes that contain important documentsof government and governance do not in-clude the history that led to their prepara-tion, consideration, and approval. In somecases, citizens have been involved in petitionsigning, protest marches, political demon-strations, and even battles and wars, such aswhen the colonies were granted their inde-pendence. For example, it is common knowl-edge that the civil rights movement in theearly 1960s and the activities that took placethroughout the nation during this time led tothe adoption of the Civil Rights Act of 1964.For this reason, every document in this vol-ume contains a section titled “The History”that precedes that portion of the chapter ti-tled “The Document.” The purpose of thisformat is to place every document in itsproper historical and political context at thetime of its approval.

Lastly, I would like to personally thankrepresentatives from several organizations forproviding resources and advice during thepreparation of this volume. These organiza-tions include civic education associations,professional organizations, nonprofit foun-dations, national government agencies (in theUnited States and United Kingdom), as wellas educational institutions. All of these or-ganizations, and particularly their staffs, pro-vided valuable input and documents signifi-cant and important to this volume. Theseorganizations are listed in the Acknowledg-ments.

6 PREFACE

Origins of Democracy*

The word “democracy,” as well as theconcept it represents, can be traced back tothe area surrounding the Mediterranean Sea.The beginnings of democracy can be creditedto the Greeks of the sixth century, B.C. Theword comes from two Greek words: demos,meaning “the people,” and kratein, meaning“to rule.” These two words are joined to-gether to form democracy, literally meaning“rule of the people” (Pious). The Greek sys-tem of government was perhaps closer to atrue democracy or rule by the people thanany other in history. The Greeks viewed dic-tatorship as the worst possible form of gov-ernment, so their government evolved as theexact opposite. Their civilization was brokendown into small city-states (never more than10,000 citizens), and all the men voted on allissues of government. There were no repre-sentatives in the Greek system of govern-ment. Instead, they ruled themselves directly;each man was a life long member of the de-cision making body. This was almost a totaldemocracy except for the fact that womenand slaves (over 50 percent of the popula-tion) were not considered citizens and werenot allowed to vote. Despite this, no othercivilization has come as close to democracy asits creators, the Greeks, and many later civ-

ilizations have incorporated this Greek ideaas part of the foundation of their government(Lee; Lefebvre).

Ideas of democracy similar to that of theGreeks were used by the Romans, though notto the same extent. The Roman Empire(509–27 B.C.) took some of their govern-mental ideals from the Greeks. Their gov-ernment was a representative democracy,which had representatives from the nobilityin the Senate and representatives from thecommoners in the Assembly. Governmentalpower was divided between these twobranches and they voted on various issues.Many Roman political thinkers were fond ofdemocracy. The Roman Statesman Cicerowas one. Cicero suggested that all peoplehave certain rights that should be preserved.He and other political philosophers of thetime taught that governmental and politicalpower should come from the people (Lefeb-vre; Lee). After the trend of democracy wasstarted by the Greeks and carried on by theRomans, it has been seen in many later gov-ernmental systems throughout history.

Democracy in the Middle Ages

Though democracy was not directly in-stituted in the Middle Ages, many democratic

7

SECTION I: THE INTRODUCTION

CHAPTER 1

American Democracy

Eric Barr, John Baird, and Taylor Rankin

*Originally published as portions of A More Perfect Union: An Exploration of American Democracy, Oracle Educa-tion Foundation, Redwood Shores, California, 1999. Reprinted with permission of the publisher.

ideas were prevalent throughout the period.Because Christianity, which taught that menwere created equal in the eyes of God, wasdeeply ingrained into the society of the Mid-dle Ages, the democratic idea of equality wasunderstood by many of the people. The Mid-dle Ages, however, utilized another form ofgovernment, which was developed duringthis period, called feudalism. Feudalismstressed that all people have certain rights anddeveloped a system of courts to defend theserights. From these courts came the modernday judicial branch of the American govern-ment along with many of the ideas such askings councils, assemblies and eventuallyparliamentary systems (Sanford 20–27).

Democracy in England

In A.D. 1215, the Magna Carta openedthe door to a more democratic system in En-gland. Nobles forced King John to sign this“Great Charter” that created the English“Parliament,” or law-making body, andstated that the written laws held a higherpower than the king, thereby limiting thepower of the Royal family and giving someof that power to the people. Later, the Peti-tion of Right (1628) stipulated that the Kingcould no longer tax without parliament’s per-mission and the Bill of Rights (1689) pro-vided freedom of speech and banned cruel orunusual punishment. These strengthenedParliament further and gave the people moreright to express themselves. Though these re-forms did not make England a true democ-racy in any sense, they did incorporate dem-ocratic ideals, which would later be used toform the government of the United States(Lefebvre; Pious).

The concept of democracy continued tobe prevalent in Europe with the philosophiesof an English philosopher by the name ofJohn Locke and a French philosopher namedJean Jacques Rousseau. Locke’s book, Two

Treatises (published in 1690), stated thatunder the “social contract,” the government’s

job was to protect “natural rights,” which in-cluded “the right to life, liberty, and the own-ership of property.” Rousseau expanded onthis idea with his book, The Social Contract,in 1762. In essence, these two philosopherssaid that the people should have input onhow their government is run. This school ofthought paved the way for modern dayAmerican Democracy (Lefebvre).

The Path of Modern Democracy

The American Revolution is anotherimportant event in the history of democracy.The first step, of course, in America’s pursuitof democracy was the Declaration of Inde-pendence in 1776. In this great document,written by Thomas Jefferson, many ideas aretaken from the aforementioned philosophers,Locke and Rousseau. From Locke, Jeffersonborrowed the idea that all men are createdequal, and he altered the right to life, libertyand property to “the right to life, liberty andthe pursuit of happiness.” Jefferson borroweda little from Rousseau as well when he saidthat all men should have the right to take uparms against the government if it did not re-spect these rights ( Jefferson).

In the French Revolution, a similar causewas espoused. Political thinkers and philoso-phers such as Montesquieu, Voltaire, andRousseau inspired the people by building offof American ideas and insisting that freedomcomes only after the legislative, judicial andexecutive branches of the government areseparated. The people of France overthrewthe king, then set forth the “Declaration ofthe Rights of Man,” which changed Locke’sright to life, liberty and property to the rightto “liberty, property, security, and resistanceto oppression.” (The resistance to oppressionprobably came from Rousseau.) These ideas,like the ones in the American Declaration ofIndependence, lended themselves to a par-tially democratic system where the powers ofthe king are limited and the people have somesay in their government (Pious; Lefebvre).

8 I. INTRODUCTION

All over the world, revolutions began tospring up against monarchies, and demo-cratic governments began to develop. Beforethe end of the 19th century, almost all of theWestern European monarchies had adopteda constitution allowing the power of theRoyal Family and giving some power to thepeople. Parliamentary type representativelegislatures were also developed in many ofthese countries, giving the people morepower to rule (Pious).

With the growing success of democracyin the United States and in other countriesthroughout the world, democracy becamemore and more popular. By the 1950’s, al-most every independent country on theplanet had a government that embodiedsome of the principles and ideals put forth indemocracy. The model nation for these prin-ciples became the United States (Pious; San-ford 20–27).

Democracy in America

Modern American democracy is in theform of a democratic republic or a represen-tative democracy. A representative democ-racy came about in the United States becausethe colonists were tired of taxation withoutrepresentation and wanted a more fair sys-tem where the people had more say in therule of the country. They did not desire theAthenian form of democracy, however, asthey feared it would give the people too muchpower and would lend control of the govern-ment to the uneducated masses. What theycame up with was a representative democ-racy wherein elected representatives ratherthan direct rule by the people rule the gov-ernment. These representatives are electedwith the idea that they will accurately repre-sent their constituents, but in case somedon’t, the U.S. government is divided intothree branches to keep corruption in check.These three branches are the Executive, Leg-islative, and Judicial branches; no one branchcontains absolute power, rather, each branch

is balanced off of the others creating a systemof checks and balances to protect the princi-pals of democracy. This system is in no wayperfect, and this is why we must pursue amore perfect form of democracy and a moreperfect union between our citizens, states andcountry (Pious; Sanford 20–27).

Theories of Government

A discussion of American democracypresupposes a basic understanding of whatgovernment is and what purposes it fulfills.But in reality, as one cannot comprehendwhat hot means without experiencing cold,one cannot achieve the fullest understandingof American democracy without a basicknowledge of other theories of government.

One method by which governmentsmay be classified is according to distributionof power. In a unitary government, the cen-tral government possesses much authorityand decision-making power. Local govern-ment bodies simply serve as administrativearms of the central government. Great Brit-ain is a familiar example of a unitary govern-ment; individual British countries have littleof the power commonly exercised by Amer-ican states. France, with 90 departmentsgrouped in 36 provinces, also has a unitaryform of government. It is important, how-ever, to note that unitary governments arenot inherently less democratic than otherforms (Sanford 10).

Power is distributed completely oppo-site of a unitary government in a confederategovernment. Local governments protect andpreserve their own authority by forming aweak central government. The United Stateshas briefly employed confederate systems ofgovernment, in the Articles of Confedera-tion, whose weaknesses led to the currentfederal system, and in the southern states’ at-tempts to form the Confederate States ofAmerica (Sanford 10).

In a federal government, power is splitbetween a central government authority and

1. American Democracy 9

its constituent states. Usually, an overridinglaw of the land, known as a constitution, al-locates duties, rights, and privileges to eachlevel of government. The constitution usuallydefines how power is shared between na-tional, state, and local governments; thepower to amend this constitution is usuallygranted to the citizens or their governmentalrepresentatives (Sanford 10–11).

A second way by which governmentsmay be classified is according to decision-making power. There are two basic categoriesin which governments are classified. In a to-talitarian government, the power of rulers isnot limited by outside forces, such as elec-tions or public opinion. Totalitarian systemsalso restrict personal freedom in most cases.

Principles and Models

To better understand the problemsdemocracy faces, we must first understandthe principles of democracy. “Democracy isa system of rule that permits citizens to playa significant part in the governmentalprocess,” according to American Government

by Theodore Lowi and Benjamin Ginsberg(A32). There are various interpretations ofthis definition and consequently many mod-

els of democracy. These models can be sepa-rated into two categories, direct and indirect.In direct democracies, all citizens are activelyinvolved in making decisions, while in indi-rect democracies, citizens elect representa-tives to make laws and administer govern-mental affairs (Green 27).

REFERENCES

Ginsberg, Benjamin and Theodore J. Lowi. American Gov-ernment: Freedom and Power. New York: W.W. Nortonand Company, 1996.

Green, Carl R. and William R. Sanford. Basic Principles ofAmerican Government. New York: Amsco School Publi-cations, 1977.

Jefferson, Thomas. “The Declaration of Independence.”Indiana School of Law—Bloomington. http://www.law.indiana.edu/uslawdocs/declaration.html. 14 March1999.

Lee, John, Emily Wichman, and Robert Herman. “A QuickHistory of Democracy.” The Future of Democracy. http://tqd.advanced.org/3154/info/history.html. 5 March 1999.

Lefebvre, Eliot. The World History of Democracy. http://www.geocities.com/Area51/Cavern/6381/history2.html.5 March 1999.

Pious, Richard M. “Democracy.” Microsoft Encarta 98 En-cyclopedia. Microsoft Corporation, 1997.

NOTE

For additional information about the democratic formof government, including comments by leading sociolo-gists, please refer to A More Perfect Union: An Explorationof American Democracy <http://library.thinkquest.org/26466/>. This website was designed for educational use byboth adults and children.

10 I. INTRODUCTION

At the time this was written, John Baird, Eric Barr and Taylor Rankin were members of the ThinkQuestTeam Project, Oracle Education Foundation, Redwood Shores, California.

The History

Magna Carta and Its American Legacy*

Before penning the Declaration of Inde-pendence—the first of the American Char-ters of Freedom—in 1776, the Founding Fa-thers searched for a historical precedent forasserting their rightful liberties from KingGeorge III and the English Parliament. Theyfound it in a gathering that took place 561years earlier on the plains of Runnymede, notfar from where Windsor Castle stands today.There, on June 15, 1215, an assembly of baronsconfronted a despotic and cash-strappedKing John and demanded that traditionalrights be recognized, written down, con-firmed with the royal seal, and sent to eachof the counties to be read to all freemen. Theresult was Magna Carta — a momentousachievement for the English barons and,nearly six centuries later, an inspiration forangry American colonists.

Magna Carta was the result of theAngevin king’s disastrous foreign policy andoverzealous financial administration. John

had suffered a staggering blow the previousyear, having lost an important battle to KingPhilip II at Bouvines and with it all hope ofregaining the French lands he had inherited.When the defeated John returned from theContinent, he attempted to rebuild his cof-fers by demanding scutage (a fee paid in lieuof military service) from the barons who hadnot joined his war with Philip. The barons inquestion, predominantly lords of northernestates, protested, condemning John’s poli-cies and insisting on a reconfirmation ofHenry I’s Coronation Oath (1100), whichwould, in theory, limit the king’s ability toobtain funds. (As even Henry ignored the pro-visions of this charter, however, a reconfirma-tion would not necessarily guarantee fewertaxes.) But John refused to withdraw his de-mands, and by spring most baronial familiesbegan to take sides. The rebelling baronssoon faltered before John’s superior resources,but with the unexpected capture of London,they earned a substantial bargaining chip.John agreed to grant a charter.

The document conceded by John andset with his seal in 1215, however, was notwhat we know today as Magna Carta but

SECTION II: THE FOUNDATION

CHAPTER 2

Magna Carta( June 15, 1215)

King John of England

11

*Originally published as “Magna Carta and Its American Legacy,” Featured Documents, U.S. National Archives andRecords Administration, Washington, DC, 2008. For additional information see “Magna Carta and Its AmericanLegacy,” Featured Documents, U.S. National Archives and Records Administration, College Park, Maryland, 2008.This agency is listed in the National Resource Directory section of this volume.

rather a set of baronial stipulations, now lost,known as the “Articles of the barons.” AfterJohn and his barons agreed on the final pro-visions and additional wording changes, theyissued a formal version on June 19, and it isthis document that came to be known asMagna Carta. Of great significance to futuregenerations was a minor wording change, thereplacement of the term “any baron” with“any freeman” in stipulating to whom theprovisions applied. Over time, it would helpjustify the application of the Charter’s pro-visions to a greater part of the population.While freemen were a minority in 13th-cen-tury England, this term would eventually in-clude all English, just as “We the People”would come to apply to all Americans in thiscentury.

While Magna Carta would one day be-come a basic document of the British Con-stitution, democracy and universal protec-tion of ancient liberties were not among thebarons’ goals. The Charter was a feudal doc-ument and meant to protect the rights andproperties of the few powerful families thattopped the rigidly structured feudal system.In fact, the majority of the population, thethousands of unfree laborers, is only men-tioned once, in a clause concerning the useof court-set fines to punish minor offenses.Magna Carta’s primary purpose was restora-tive: to force King John to recognize the su-premacy of ancient liberties, to limit his abil-ity to raise funds, and to reassert the principleof “due process.” Only a final clause, whichcreated an enforcement council of tenants-in-chief and clergymen, would have severelylimited the king’s power and introducedsomething new to English law: the principleof “majority rule.” But majority rule was anidea whose time had not yet come; in Sep-tember, at John’s urging, Pope Innocent IIannulled the “shameful and demeaningagreement, forced upon the king by violenceand fear.” The civil war that followed endedonly with John’s death in October 1216.

On indefinite loan from the Perot

Foundation, a 1297 version of Magna Cartashares space with the Charters of Freedom inthe National Archives Rotunda.

To gain support for the new monarch—John’s 9-year-old son, Henry III—the youngking’s regents reissued the charter in 1217.Neither this version nor that issued by Henrywhen he assumed personal control of thethrone in 1225 were exact duplicates of John’scharter; both lacked some provisions, in-cluding that providing for the enforcementcouncil, found in the original. With the 1225issuance, however, the evolution of the doc-ument ended. While English monarchs, in-cluding Henry, confirmed Magna Carta sev-eral times after this, each subsequent issuefollowed the form of this “final” version. Witheach confirmation, copies of the documentwere made and sent to the counties so thateveryone would know their rights and obli-gations. Of these original issues of MagnaCarta, 17 survive: 4 from the reign of John;8 from that of Henry III; and 5 from EdwardI, including the version now on display at theNational Archives.

Although tradition and interpretationwould one day make Magna Carta a docu-ment of great importance to both Englandand the American colonies, it originallygranted concessions to few but the powerfulbaronial families. It did include concessionsto the Church, merchants, townsmen, andthe lower aristocracy for their aid in the re-bellion, but the majority of the English pop-ulation would remain without an active voicein government for another 700 years.

Despite its historical significance, how-ever, Magna Carta may have remained legallyinconsequential had it not been resurrectedand reinterpreted by Sir Edward Coke in theearly 17th century. Coke, Attorney Generalfor Elizabeth, Chief Justice during the reignof James, and a leader in Parliament in op-position to Charles I, used Magna Carta as aweapon against the oppressive tactics of theStuart kings. Coke argued that even kingsmust comply to common law. As he pro-

12 II. FOUNDATION

claimed to Parliament in 1628, “Magna Carta... will have no sovereign.”

Lord Coke’s view of the law was partic-ularly relevant to the American experiencefor it was during this period that the chartersfor the colonies were written. Each includedthe guarantee that those sailing for the NewWorld and their heirs would have “all therights and immunities of free and naturalsubjects.” As our forefathers developed legalcodes for the colonies, many incorporatedliberties guaranteed by Magna Carta and the1689 English Bill of Rights directly into theirown statutes. Although few colonists couldafford legal training in England, they re-mained remarkably familiar with Englishcommon law. During one parliamentary de-bate in the late 18th century, Edmund Burkeobserved, “In no country, perhaps in theworld, is law so general a study.” ThroughCoke, whose four-volume Institutes of theLaws of England was widely read by Ameri-can law students, young colonists such asJohn Adams, Thomas Jefferson, and JamesMadison learned of the spirit of the charterand the common law—or at least Coke’s in-terpretation of them. Later, Jefferson wouldwrite to Madison of Coke: “a sounder whignever wrote, not of profounder learning inthe orthodox doctrines of the British consti-tution, or in what were called English liber-ties.” It is no wonder then that as thecolonists prepared for war they would look toCoke and Magna Carta for justification.

By the 1760s the colonists had come tobelieve that in America they were creating aplace that adopted the best of the Englishsystem but adapted it to new circumstances;a place where a person could rise by merit,not birth; a place where men could voicetheir opinions and actively share in self-gov-ernment. But these beliefs were soon tested.Following the costly Seven Years’ War, GreatBritain was burdened with substantial debtsand the continuing expense of keeping troopson American soil. Parliament thought thecolonies should finance much of their own

defense and levied the first direct tax, theStamp Act, in 1765. As a result, virtually everydocument—newspapers, licenses, insurancepolicies, legal writs, even playing cards —would have to carry a stamp showing that re-quired taxes had been paid. The colonists re-belled against such control over their dailyaffairs. Their own elected legislative bodieshad not been asked to consent to the StampAct. The colonists argued that without ei-ther this local consent or direct representationin Parliament, the act was “taxation withoutrepresentation.” They also objected to thelaw’s provision that those who disobeyedcould be tried in admiralty courts without ajury of their peers. Coke’s influence on Amer-icans showed clearly when the MassachusettsAssembly reacted by declaring the Stamp Act“against the Magna Carta and the naturalrights of Englishmen, and therefore, accord-ing to Lord Coke, null and void.”

But regardless of whether the charterforbade taxation without representation or ifthis was merely implied by the “spirit,” thecolonists used this “misinterpretation” tocondemn the Stamp Act. To defend their ob-jections, they turned to a 1609 or 1610 defenseargument used by Coke: superiority of thecommon law over acts of Parliament. Cokeclaimed “When an act of parliament isagainst common right or reason, or repug-nant, or impossible to be performed, thecommon law will control it and adjudge suchan act void. Because the Stamp Act seemedto tread on the concept of consensual taxa-tion, the colonists believed it, “according toLord Coke,” invalid.

The colonists were enraged. BenjaminFranklin and others in England eloquentlyargued the American case, and Parliamentquickly rescinded the bill. But the damagewas done; the political climate was chang-ing. As John Adams later wrote to ThomasJefferson, “The Revolution was in the mindsof the people, and this was effected, from1760 to 1775, in the course of 15 years beforea drop of blood was shed at Lexington.”

2. Magna Carta 13

Relations between Great Britain and thecolonies continued to deteriorate. The moreParliament tried to raise revenue and suppressthe growing unrest, the more the colonistsdemanded the charter rights they had broughtwith them a century and a half earlier. At theheight of the Stamp Act crisis, William Pittproclaimed in Parliament, “The Americans arethe sons not the bastards of England.” Par-liament and the Crown, however, appearedto believe otherwise. But the Americanswould have their rights, and they would fightfor them. The seal adopted by Massachusettson the eve of the Revolution summed up themood — a militiaman with sword in onehand and Magna Carta in the other.

Armed resistance broke out in April1775. Fifteen months later, the final breakwas made with the immortal words of theDeclaration of Independence : “We holdthese truths to be self-evident, that all Menare created equal, that they are endowed bytheir Creator with certain unalienable Rights,that among these are Life, Liberty and thePursuit of Happiness.” Although the colonieshad finally and irrevocably articulated theirgoal, Independence did not come swiftly.Not until the surrender of British forces atYorktown in 1781 was the military strugglewon. The constitutional battle, however, wasjust beginning.

In the war’s aftermath, many Americansrecognized that the rather loose confederationof States would have to be strengthened if thenew nation were to survive. James Madisonexpressed these concerns in a call for a con-vention at Philadelphia in 1787 to revise theArticles of Confederation: “The good peopleof America are to decide the solemn question,whether they will by wise and magnanimousefforts reap the just fruits of that Indepen-dence which they so gloriously acquired ... orwhether by giving way to unmanly jealousiesand prejudices, or to partial and transitoryinterests, they will renounce the auspiciousblessings prepared for them by the Revolu-tion.” The representatives of the states lis-

tened to Madison and drew heavily from hisideas. Instead of revising the Articles, theycreated a new form of government, embod-ied in the Constitution of the United States.Authority emanated directly from the people,not from any governmental body. And theConstitution would be “the supreme Law ofthe Land”—just as Magna Carta had beendeemed superior to other statutes.

In 1215, when King John confirmedMagna Carta with his seal, he was acknowl-edging the now firmly embedded conceptthat no man—not even the king—is abovethe law. That was a milestone in constitu-tional thought for the 13th century and forcenturies to come. In 1779 John Adams ex-pressed it this way: “A government of laws,and not of men.” Further, the charter estab-lished important individual rights that havea direct legacy in the America Bill of Rights.And during the United States’ history, theserights have been expanded. The U.S. Consti-tution is not a static document. Like MagnaCarta, it has been interpreted and reinter-preted throughout the years. This has allowedthe Constitution to become the longest-last-ing constitution in the world and a model forthose penned by other nations. Through ju-dicial review and amendment, it has evolvedso that today Americans—regardless of gen-der, race, or creed—can enjoy the libertiesand protection it guarantees. Just as MagnaCarta stood as a bulwark against tyranny inEngland, the U.S. Constitution and Bill ofRights today serve similar roles, protectingthe individual freedoms of all Americansagainst arbitrary and capricious rule.

The Document*

Magna Carta

John, by the grace of God, king of En-gland, lord of Ireland, duke of Normandy

14 II. FOUNDATION

*Words and terms included in the glossary that followsthe document are marked with a asterisk.

and Aquitaine, and count of Anjou, to thearchbishops, bishops, abbots, earls, barons,justiciaries, foresters, sheriffs, stewards, ser-vants, and to all his bailiffs and liege subjects,greetings. Know that, having regard to Godand for the salvation of our soul, and thoseof all our ancestors and heirs, and unto thehonor of God and the advancement of hisholy Church and for the rectifying of ourrealm, we have granted as underwritten byadvice of our venerable fathers, Stephen,archbishop of Canterbury, primate of all En-gland and cardinal of the holy Roman Church,Henry, archbishop of Dublin, William ofLondon, Peter of Winchester, Jocelyn of Bathand Glastonbury, Hugh of Lincoln, Walter ofWorcester, William of Coventry, Benedict ofRochester, bishops; of Master Pandulf, sub-deacon and member of the household of ourlord the Pope, of brother Aymeric (master ofthe Knights of the Temple in England), andof the illustrious men William Marshal, earlof Pembroke, William, earl of Salisbury,William, earl of Warenne, William, earl ofArundel, Alan of Galloway (constable ofScotland), Waren Fitz Gerold, Peter Fitz Her-bert, Hubert De Burgh (seneschal of Poitou),Hugh de Neville, Matthew Fitz Herbert,Thomas Basset, Alan Basset, Philip d’Aubigny,Robert of Roppesley, John Marshal, John FitzHugh, and others, our liegemen.

1. In the first place we have granted toGod, and by this our present charter con-firmed for us and our heirs forever that theEnglish Church shall be free, and shall haveher rights entire, and her liberties inviolate;and we will that it be thus observed; whichis apparent from this that the freedom ofelections, which is reckoned most importantand very essential to the English Church, we,of our pure and unconstrained will, didgrant, and did by our charter confirm anddid obtain the ratification of the same fromour lord, Pope Innocent III, before the quar-rel arose between us and our barons; and thiswe will observe, and our will is that it be ob-

served in good faith by our heirs forever. Wehave also granted to all freemen of our king-dom, for us and our heirs forever, all the un-derwritten liberties, to be had and held bythem and their heirs, of us and our heirs for-ever.

2. If any of our earls or barons, or oth-ers holding of us in chief by military serviceshall have died, and at the time of his deathhis heir shall be full of age and owe “relief,”he shall have his inheritance by the old relief,to wit, the heir or heirs of an earl, for thewhole baroncy of an earl by £100; the heir orheirs of a baron, £100 for a whole barony;the heir or heirs of a knight, 100s, at most,and whoever owes less let him give less, ac-cording to the ancient custom of fees.

3. If, however, the heir of any one ofthe aforesaid has been under age and in ward-ship, let him have his inheritance without re-lief and without fine when he comes of age.

4. The guardian of the land of an heirwho is thus under age, shall take from theland of the heir nothing but reasonable pro-duce, reasonable customs, and reasonableservices, and that without destruction orwaste of men or goods; and if we have com-mitted the wardship of the lands of any suchminor to the sheriff, or to any other who isresponsible to us for its issues, and he hasmade destruction or waste of what he holdsin wardship, we will take of him amends, andthe land shall be committed to two lawfuland discreet men of that fee, who shall be re-sponsible for the issues to us or to him towhom we shall assign them; and if we havegiven or sold the wardship of any such landto anyone and he has therein made destruc-tion or waste, he shall lose that wardship, andit shall be transferred to two lawful and dis-creet men of that fief, who shall be responsi-ble to us in like manner as aforesaid.

5. The guardian, moreover, so long ashe has the wardship of the land, shall keep upthe houses, parks, fishponds, stanks, mills,and other things pertaining to the land, outof the issues of the same land; and he shall

2. Magna Carta 15

restore to the heir, when he has come to fullage, all his land, stocked with ploughs andwainage, according as the season of hus-bandry shall require, and the issues of theland can reasonable bear.

6. Heirs shall be married without dis-paragement, yet so that before the marriagetakes place the nearest in blood to that heirshall have notice.

7. A widow, after the death of her hus-band, shall forthwith and without difficultyhave her marriage portion and inheritance;nor shall she give anything for her dower, orfor her marriage portion, or for the inheri-tance which her husband and she held on theday of the death of that husband; and shemay remain in the house of her husband forforty days after his death, within which timeher dower shall be assigned to her.

8. No widow shall be compelled tomarry, so long as she prefers to live without ahusband; provided always that she gives secu-rity not to marry without our consent, if sheholds of us, or without the consent of the lordof whom she holds, if she holds of another.

9. Neither we nor our bailiffs will seizeany land or rent for any debt, as long as thechattels* of the debtor are sufficient to repaythe debt; nor shall the sureties of the debtorbe distrained* so long as the principal debtoris able to satisfy the debt; and if the princi-pal debtor shall fail to pay the debt, havingnothing wherewith to pay it, then the suretiesshall answer for the debt; and let them havethe lands and rents of the debtor, if they de-sire them, until they are indemnified for thedebt which they have paid for him, unlessthe principal debtor can show proof that heis discharged thereof as against the saidsureties.

10. If one who has borrowed from theJews any sum, great or small, die before thatloan be repaid, the debt shall not bear inter-est while the heir is under age, of whomso-ever he may hold; and if the debt fall into ourhands, we will not take anything except theprincipal sum contained in the bond.

11. And if anyone die indebted to theJews, his wife shall have her dower and paynothing of that debt; and if any children ofthe deceased are left under age, necessariesshall be provided for them in keeping withthe holding of the deceased; and out of theresidue the debt shall be paid, reserving,however, service due to feudal lords; in likemanner let it be done touching debts due toothers than Jews.

12. No scutage* nor aid shall be im-posed on our kingdom, unless by commoncounsel of our kingdom, except for ransom-ing our person, for making our eldest son aknight, and for once marrying our eldestdaughter; and for these there shall not belevied more than a reasonable aid. In likemanner it shall be done concerning aids fromthe city of London.

13. And the city of London shall haveall it ancient liberties and free customs, aswell by land as by water; furthermore, we de-cree and grant that all other cities, boroughs,towns, and ports shall have all their libertiesand free customs.

14. And for obtaining the commoncounsel of the kingdom anent the assessing ofan aid (except in the three cases aforesaid) orof a scutage, we will cause to be summonedthe archbishops, bishops, abbots, earls, andgreater barons, severally by our letters; andwe will moreover cause to be summoned gen-erally, through our sheriffs and bailiffs, andothers who holds of us in chief, for a fixeddate, namely, after the expiry of at least fortydays, and at a fixed place; and in all letters ofsuch summons we will specify the reason ofthe summons. And when the summons hasthus been made, the business shall proceedon the day appointed, according to the coun-sel of such as are present, although not allwho were summoned have come.

15. We will not for the future grant toanyone license to take an aid from his ownfree tenants, except to ransom his person, tomake his eldest son a knight, and once tomarry his eldest daughter; and on each of

16 II. FOUNDATION

these occasions there shall be levied only areasonable aid.

16. No one shall be distrained for per-formance of greater service for a knight’s fee,or for any other free tenement, than is duetherefrom.

17. Common pleas shall not follow ourcourt, but shall be held in some fixed place.

18. Inquests of novel disseisin*, of Mortd’Ancestor*, and of darrein presentment*shall not be held elsewhere than in their owncounty courts, and that in manner follow-ing; We, or, if we should be out of the realm,our chief justiciar, will send two justiciariesthrough every county four times a year, whoshall alone with four knights of the countychosen by the county, hold the said assizes*in the county court, on the day and in theplace of meeting of that court.

19. And if any of the said assizes can-not be taken on the day of the county court,let there remain of the knights and freehold-ers, who were present at the county court onthat day, as many as may be required for theefficient making of judgments, according asthe business be more or less.

20. A freeman shall not be amerced*for a slight offense, except in accordance withthe degree of the offense; and for a grave of-fense he shall be amerced in accordance withthe gravity of the offense, yet saving alwayshis “contentment”; and a merchant in thesame way, saving his “merchandise” and a vil-lain shall be amerced in the same way, savinghis “wainage” if they have fallen into ourmercy; and none of the aforesaid amerce-ments shall be imposed except by the oath ofhonest men of the neighborhood.

21. Earls and barons shall not beamerced except through their peers, and onlyin accordance with the degree of the offense.

22. A clerk shall not be amerced in re-spect of his lay holding except after the man-ner of the others aforesaid; further, he shallnot be amerced in accordance with the extentof his ecclesiastical benefice.

23. No village or individual shall be

compelled to make bridges at river banks, ex-cept those who from of old were legallybound to do so.

24. No sheriff, constable, coroners, orothers of our bailiffs, shall hold pleas of ourCrown.

25. All counties, hundred, wapentakes,and trithings (except our demesne manors)shall remain at the old rents, and without anyadditional payments.

26. If anyone holding of us a lay fiefshall die, and our sheriff or bailiff shall exhibitour letters patent of summons for a debtwhich the deceased owed us, it shall be law-ful for our sheriff or bailiff to attach and en-roll the chattels of the deceased, found uponthe lay fief, to the value of that debt, at thesight of law worthy men, provided alwaysthat nothing whatever be thence removeduntil the debt which is evident shall be fullypaid to us; and the residue shall be left to theexecutors to fulfill the will of the deceased;and if there be nothing due from him to us,all the chattels shall go to the deceased, sav-ing to his wife and children their reasonableshares.

27. If any freeman shall die intestate*,his chattels shall be distributed by the handsof his nearest kinsfolk and friends, undersupervision of the Church, saving to everyone the debts which the deceased owed tohim.

28. No constable or other bailiff of oursshall take corn or other provisions from any-one without immediately tendering moneytherefor, unless he can have postponementthereof by permission of the seller.

29. No constable shall compel anyknight to give money in lieu of castle-guard,when he is willing to perform it in his ownperson, or (if he himself cannot do it fromany reasonable cause) then by another re-sponsible man. Further, if we have led or senthim upon military service, he shall be re-lieved from guard in proportion to the timeduring which he has been on service becauseof us.

2. Magna Carta 17

30. No sheriff or bailiff of ours, or otherperson, shall take the horses or carts of anyfreeman for transport duty, against the willof the said freeman.

31. Neither we nor our bailiffs shalltake, for our castles or for any other work ofours, wood which is not ours, against the willof the owner of that wood.

32. We will not retain beyond one yearand one day, the lands those who have beenconvicted of felony, and the lands shall there-after be handed over to the lords of the fiefs.

33. All kydells for the future shall beremoved altogether from Thames and Med-way, and throughout all England, exceptupon the seashore.

34. The writ which is called praecipe*shall not for the future be issued to anyone,regarding any tenement whereby a freemanmay lose his court.

35. Let there be one measure of winthroughout our whole realm; and one meas-ure of ale; and one measure of corn, to wit,“the London quarter”; and one width of cloth(whether dyed, or russet, or “halberget”), towit, two ells within the selvedges; of weightsalso let it be as of measures.

36. Nothing in future shall be given ortaken for a writ of inquisition of life or limbs,but freely it shall be granted, and never de-nied.

37. If anyone holds of us by fee-farm,either by socage* or by burage*, or of anyother land by knight’s service, we will not(by reason of that fee-farm, socage, or burage),have the wardship of the heir, or of such landof his as if of the fief of that other; nor shallwe have wardship of that fee-farm, socage, orburgage, unless such fee-farm owes knight’sservice. We will not by reason of any smallserjeancy which anyone may hold of us bythe service of rendering to us knives, arrows,or the like, have wardship of his heir or of theland which he holds of another lord ofknight’s service.

38. No bailiff for the future shall, uponhis own unsupported complaint, put anyone

to his “law,” without credible witnessesbrought for this purposes.

39. No freemen shall be taken or im-prisoned or disseised* or exiled or in any waydestroyed, nor will we go upon him nor sendupon him, except by the lawful judgment ofhis peers or by the law of the land.

40. To no one will we sell, to no onewill we refuse or delay, right or justice.

41. All merchants shall have safe andsecure exit from England, and entry to En-gland, with the right to tarry there and tomove about as well by land as by water, forbuying and selling by the ancient and rightcustoms, quit from all evil tolls, except (intime of war) such merchants as are of the landat war with us. And if such are found in ourland at the beginning of the war, they shallbe detained, without injury to their bodies orgoods, until information be received by us, orby our chief justiciar, how the merchants ofour land found in the land at war with us aretreated; and if our men are safe there, theothers shall be safe in our land.

42. It shall be lawful in future for any-one (excepting always those imprisoned oroutlawed in accordance with the law of thekingdom, and natives of any country at warwith us, and merchants, who shall be treatedas if above provided) to leave our kingdomand to return, safe and secure by land andwater, except for a short period in time ofwar, on grounds of public policy—reservingalways the allegiance due to us.

43. If anyone holding of some escheat*(such as the honor of Wallingford, Notting-ham, Boulogne, Lancaster, or of other es-cheats which are in our hands and are bar-onies) shall die, his heir shall give no otherrelief, and perform no other service to usthan he would have done to the baron if thatbarony had been in the baron’s hand; and weshall hold it in the same manner in which thebaron held it.

44. Men who dwell without the forestneed not henceforth come before our justi-ciaries of the forest upon a general summons,

18 II. FOUNDATION

unless they are in plea, or sureties of one ormore, who are attached to the forest.

45. We will appoint as justices, consta-bles, sheriffs, or bailiffs only such as knowthe law of the realm and mean to observe itwell.

46. All barons who have foundedabbeys, concerning which they hold chartersfrom the kings of England, or of which theyhave long continued possession, shall havethe wardship of them, when vacant, as theyought to have.

47. All forests that have been madesuch in our time shall forthwith be disaf-forested; and a similar course shall be fol-lowed with regard to river banks that havebeen placed “in defense” by us in our time.

48. All evil customs connected withforests and warrens, foresters and warreners,sheriffs and their officers, river banks andtheir wardens, shall immediately by inquiredinto in each county by twelve sworn knightsof the same county chosen by the honest menof the same county, and shall within fortydays of the said inquest, be utterly abolished,so as never to be restored, provided alwaysthat we previously have intimation thereof, orour justiciar, if we should not be in England.

49. We will immediately restore allhostages and charters delivered to us by Eng-lishmen, as sureties of the peace of faithfulservice.

50. We will entirely remove from theirbailiwicks, the relations of Gerard of Athee(so that in future they shall have no bailiwickin England); namely, Engelard of Cigogne,Peter, Guy, and Andrew of Chanceaux, Guyof Cigogne, Geoffrey of Martigny with hisbrothers, Philip Mark with his brothers andhis nephew Geoffrey, and the whole broodof the same.

51. As soon as peace is restored, we willbanish from the kingdom all foreign bornknights, crossbowmen, serjeants, and merce-nary soldiers who have come with horses andarms to the kingdom’s hurt.

52. If anyone has been dispossessed or

removed by us, without the legal judgmentof his peers, from his lands, castles, fran-chises, or from his right, we will immediatelyrestore them to him; and if a dispute ariseover this, then let it be decided by the fiveand twenty barons of whom mention is madebelow in the clause for securing the peace.Moreover, for all those possessions, fromwhich anyone has, without the lawful judg-ment of his peers, been disseised or removed,by our father, King Henry, or by our brother,King Richard, and which we retain in ourhand (or which as possessed by others, towhom we are bound to warrant them) weshall have respite until the usual term of cru-saders; excepting those things about which aplea has been raised, or an inquest made byour order, before our taking of the cross; butas soon as we return from the expedition, wewill immediately grant full justice therein.

53. We shall have, moreover, the samerespite and in the same manner in renderingjustice concerning the disafforestation or re-tention of those forests which Henry our fa-ther and Richard our brother afforested, andconcerning the wardship of lands which areof the fief of another (namely, such wardshipsas we have hitherto had by reason of a fiefwhich anyone held of us by knight’s service),and concerning abbeys founded on other fiefsthan our own, in which the lord of the feeclaims to have right; and when we have re-turned, or if we desist from our expedition,we will immediately grant full justice to allwho complain of such things.

54. No one shall be arrested or impris-oned upon the appeal of a woman, for thedeath of any other than her husband.

55. All fines made with us unjustly andagainst the law of the land, and all amerce-ments, imposed unjustly and against the lawof the land, shall be entirely remitted, or elseit shall be done concerning them accordingto the decision of the five and twenty baronswhom mention is made below in the clausefor securing the pease, or according to thejudgment of the majority of the same, along

2. Magna Carta 19

with the aforesaid Stephen, archbishop ofCanterbury, if he can be present, and suchothers as he may wish to bring with him forthis purpose, and if he cannot be present thebusiness shall nevertheless proceed withouthim, provided always that if any one or moreof the aforesaid five and twenty barons are ina similar suit, they shall be removed as far asconcerns this particular judgment, othersbeing substituted in their places after havingbeen selected by the rest of the same five andtwenty for this purpose only, and after hav-ing been sworn.

56. If we have disseised or removedWelshmen from lands or liberties, or otherthings, without the legal judgment of theirpeers in England or in Wales, they shall beimmediately restored to them; and if a dis-pute arise over this, then let it be decided inthe marches by the judgment of their peers;for the tenements in England according tothe laws of England, for tenements in Walesaccording to the law of Wales, and for tene-ments in the marches according to the law ofthe marches. Welshmen shall do the same tous and ours.

57. Further, for all those possessionsfrom which any Welshman has, without thelawful judgment of his peers, been disseisedor removed by King Henry our father, orKing Richard our brother, and which we re-tain in our hand (or which are possessed byothers, and which we ought to warrant), wewill have respite until the usual term of cru-saders; excepting those things about which aplea has been raised or an inquest made byour order before we took the cross; but assoon as we return (or if perchance we desistfrom our expedition), we will immediatelygrant full justice in accordance with the lawsof the Welsh and in relation to the foresaidregions.

58. We will immediately give up theson of Llywelyn and all the hostages of Wales,and the charters delivered to us as security forthe peace.

59. We will do towards Alexander, king

of Scots, concerning the return of his sistersand his hostages, and concerning his fran-chises, and his right, in the same manner aswe shall do towards our owner barons of En-gland, unless it ought to be otherwise accord-ing to the charters which we hold fromWilliam his father, formerly king of Scots;and this shall be according to the judgmentof his peers in our court.

60. Moreover, all these aforesaid cus-toms and liberties, the observances of whichwe have granted in our kingdom as far as per-tains to us towards our men, shall be ob-served by all of our kingdom, as well clergyas laymen, as far as pertains to them towardstheir men.

61. Since, moreover, for God and theamendment of our kingdom and for the bet-ter allaying of the quarrel that has arisen be-tween us and our barons, we have granted allthese concessions, desirous that they shouldenjoy them in complete and firm enduranceforever, we give and grant to them the under-written security, namely, that the baronschoose five and twenty barons of the king-dom, whomsoever they will, who shall bebound with all their might, to observe andhold, and cause to be observed, the peace andliberties we have granted and confirmed tothem by this our present Charter, so that ifwe, or our justiciar, or our bailiffs or any oneof our officers, shall in anything be at faulttowards anyone, or shall have broken any oneof the articles of this peace or of this security,and the offense be notified to four barons ofthe foresaid five and twenty, the said fourbarons shall repair to us (or our justiciar, ifwe are out of the realm) and, laying the trans-gression before us, petition to have that trans-gression redressed without delay. And if weshall not have corrected the transgression (or,in the event of our being out of the realm, ifour justiciar shall not have corrected it)within forty days, reckoning from the time ithas been intimated to us (or to our justiciar,if we should be out of the realm), the fourbarons aforesaid shall refer that matter to the

20 II. FOUNDATION

rest of the five and twenty barons, and thosefive and twenty barons shall, together withthe community of the whole realm, distrainand distress us in all possible ways, namely,by seizing our castles, lands, possessions, andin any other way they can, until redress hasbeen obtained as they deem fit, saving harm-less our own person, and the persons of ourqueen and children; and when redress hasbeen obtained, they shall resume their old re-lations towards us. And let whoever in thecountry desires it, swear to obey the orders ofthe said five and twenty barons for the exe-cution of all the aforesaid matters, and alongwith them, to molest us to the utmost of hispower; and we publicly and freely grant leaveto everyone who wishes to swear, and weshall never forbid anyone to swear. All those,moreover, in the land who of themselves andof their own accord are unwilling to swear tothe twenty five to help them in constrainingand molesting us, we shall by our commandcompel the same to swear to the effect fore-said. And if any one of the five and twentybarons shall have died or departed from theland, or be incapacitated in any other man-ner which would prevent the foresaid provi-sions being carried out, those of the saidtwenty five barons who are left shall chooseanother in his place according to their ownjudgment, and he shall be sworn in the sameway as the others. Further, in all matters, theexecution of which is entrusted to thesetwenty five barons, if perchance these twentyfive are present and disagree about anything,or if some of them, after being summoned,are unwilling or unable to be present, thatwhich the majority of those present ordain orcommand shall be held as fixed and estab-lished, exactly as if the whole twenty five hadconcurred in this; and the said twenty fiveshall swear that they will faithfully observe allthat is aforesaid, and cause it to be observedwith all their might. And we shall procurenothing from anyone, directly or indirectly,whereby any part of these concessions andliberties might be revoked or diminished; and

if any such things has been procured, let it bevoid and null, and we shall never use it per-sonally or by another.

62. And all the will, hatreds, and bit-terness that have arisen between us and ourmen, clergy and lay, from the date of thequarrel, we have completely remitted andpardoned to everyone. Moreover, all tres-passes occasioned by the said quarrel, fromEaster in the sixteenth year of our reign tillthe restoration of peace, we have fully remit-ted to all, both clergy and laymen, and com-pletely forgiven, as far as pertains to us. Andon this head, we have caused to be made forthem letters testimonial patent of the lordStephen, archbishop of Canterbury, of thelord Henry, archbishop of Dublin, of thebishops aforesaid, and of Master Pandulf astouching this security and the concessionsaforesaid.

63. Wherefore we will and firmly orderthat the English Church be free, and that themen in our kingdom have and hold all theaforesaid liberties, rights, and concessions,well and peaceably, freely and quietly, fullyand wholly, for themselves and their heirs, ofus and our heirs, in all respects and in allplaces forever, as is aforesaid. An oath, more-over, has been taken, as well on our part ason the part of the barons, that all these con-ditions aforesaid shall be kept in good faithand without evil intent. Given under ourhand—the above named and many othersbeing witnessed—in the meadow which iscalled Runnymede, between Windsor andStaines, on the fifteenth day of June, in theseventeenth year of our reign.

GLOSSARY

Amerce— To impose a fine. Also to publish by fine orpenalty.

Assize— A court, usually but not always consisting oftwelve men, summoned together to try a disputed case.They performed the functions of jury, except the verdictwas rendered from their own investigation and knowl-edge and not from upon evidence adduced.

Burage—One of three species of free socage holdings. Atenure where houses and lands formerly the site of housesin an ancient borough are held of some lord by a certainrent.

2. Magna Carta 21

Chattel—Personal property as opposed to real property. Apersonal object which can be transported.

Darrein Presentment—Writ of Assize when a man or hisancestors under whom he claimed presented a clerk to abenefice, who was instituted, and afterwards, upon thenext avoidance, a stranger presented a clerk and therebydisturbed the real patron.

Distrain—The act of taking as a pledge another’s propertyto be used as an assurance of performance of an obliga-tion. Also a remedy to ensure a court appearance or pay-ment of fees, etc.

Disseise—To dispossess or to deprive.Escheat—Right of the lord of a fee to re-enter upon the

same when it became vacant by the extinction of theblood of the tenant.

Intestate—To die without a will.Mort d’Ancestor—Real action to recover a person’s lands

of which he had been deprived on the death of his an-cestor by the abatement of intrusion of a stranger.

Novel Disseisin—Writ of Assize for the recovery of landsand tenements.

Praecipe—An original writ drawn up in the alternativecommanding the defendant to do the thing required.

Scutage—Tax or contribution raised by someone holdinglands by knight’s service used to furnish the King’s army.

Socage—A species of tenure where the tenant held landsin consideration of certain inferior services of husbandryby him to the lord of the fee.

22 II. FOUNDATION

The History*

The Petition of Right is a major Englishconstitutional document, which sets outspecific liberties of the subject that the kingis prohibited from infringing. The Petition ofRight was produced by the English Parlia-ment in the run-up to the English Civil War.It was passed by Parliament in May 1628, andgiven the royal assent by Charles I in June ofthat year. The Petition is most notable for itsconfirmation of the principles that taxes canbe levied only by Parliament, that martial lawmay not be imposed in time of peace, andthat prisoners must be able to challenge thelegitimacy of their detentions through thewrit of habeas corpus. Additionally, the Pe-tition’s ban on the billeting of troops isreflected in the Third Amendment of theUnited States Constitution.

Parliament passed the Petition of Rightin 1628 in response to a number of perceivedviolations of the law by Charles I in the firstyears of his reign. In 1626, Charles had con-vened Parliament in an effort to obtain des-perately needed funds for the continuationof his unsuccessful war with Spain. Unhappy

with the prosecution of the war, however,Parliament swiftly began impeachment pro-ceedings against Charles’ favorite and prin-cipal counselor, the Duke of Buckingham.In order to protect Buckingham, Charles wasforced to dissolve Parliament before it hadvoted any subsidies.[1] Left without recourseto parliamentary taxation, Charles resortedto two forms of extra-parliamentary taxationto raise the funds he needed—a benevolenceand a Forced Loan—that were of doubtfullegality at best. He also began to billet sol-diers in civilian homes, both as a cost-savingmeasure and as a means of punishing his po-litical opponents.

Citing the Forced Loan’s illegality, anumber of gentlemen refused to pay, andmany of them were imprisoned as a result.Ultimately, five of the imprisoned gentle-men — the so-called “Five Knights” (sincethey were all knights) petitioned the Court ofKing’s Bench for writs of habeas corpus toforce the government to specify the reasonfor their imprisonment. Seeking to avoid adirect challenge of the legality of the Loan,Charles refused to charge the prisoners witha specific crime, instead declaring on the re-

CHAPTER 3

Petition of Right(May 27, 1628)

Parliament of England

23

*Originally published as “Petition of Right,” Wikipedia, Wikimedia Foundation, Inc., San Francisco, California,November 2009. For additional information see “The Civil War: Charles I and the Petition of Right,” Living Her-itage, United Kingdom Parliamentary Archives, London, England, 2009. This agency is listed in the National Re-source Directory section of this volume.

turn to the writs that the knights were de-tained “per speciale mandatum domini regis”(“by special command of our lord the king”).[2]

In the resulting hearings before theKing’s Bench — the famous Five Knights’Case—counsel for the Knights argued thatimprisonment by “special command”amounted to a fundamental violation of theprinciple of due process established by chap-ter twenty-nine of Magna Carta, which de-clared that imprisonment could only occur inaccordance with the law of the land. The FiveKnights’ counsel claimed, therefore, that theking, upon receipt of a writ of habeas corpus,must return a specific cause of detention, thelegality of which could be assessed by thecourts. In contrast, Robert Heath, the Attor-ney General, claimed that the king had a pre-rogative right to imprison by royal commandfor reasons of state, and these detentionscould not be challenged by habeas corpus.

Faced with conflicting precedents, andundoubtedly, political pressure, the Courtdecided to remit the Knights to prison whiletaking the case under advisement. Althoughequivocal, this decision was taken as a majorvictory for the king, and a significant blow tothe opponents of his extra-legal policies. Itwas largely a desire to overturn immediatelythis ruling that would provide the primaryimpetus for the House of Commons’ deci-sion to create the Petition of Right in thesubsequent Parliament.[3]

Elections for a new Parliament occurredin February and early March 1628, and Par-liament assembled on March 17th. As Charlesmade clear in his opening speech, his purposefor calling Parliament was supply, and heurged Parliament not to waste time in “tediousconsultations.”[4] Initially, Parliament began toconsider Charles’ request for funds, but veryquickly shelved this in favor of discussinggrievances related to the Forced Loan and theFive Knights’ Case. Sir Edward Coke first pro-posed legislation to overturn the holding inthe Five Knights’ Case on March 21st, andfrom that date until the passage of the Petition

of Right, consideration of grievances domi-nated the House of Commons’ daily sched-ule.[5] The debates in the House focused ondemonstrating that Charles’ actions had beencontrary to the existing law—the Commonswere wary of appearing to innovate, as doingso would likely be viewed by Charles as an as-sault on his prerogative. On April 3rd, theHouse passed four resolutions declaring thatimprisonment without cause shown and tax-ation without consent of Parliament were il-legal.[6] These resolutions would form the coreof the later Petition of Right. Over the courseof April, additional grievances concerningbilleting of troops and the use of martial lawwere added to the developing legislation.

On May 6th, the House voted to pro-ceed by way of petition of right rather thanby bill, seeing this as the best way to gain aredress of grievances without appearing tooverly-threaten the royal prerogative.[7] Adraft of the Petition was prepared by theCommons, and sent to the Lords for theirapproval. The Lords, influenced by lettersfrom Charles opposing the Petition, attemptedto insert alterations that would have largelynullified the effect of the Petition. The Com-mons, however, rejected all but the most in-significant of the Lords’ edits.[8] On May27th, the Petition was finally approved byboth Houses of Parliament and presented toCharles for the royal assent.

Initially, Charles tried to avoid assent-ing to the Petition, and on June 2nd he un-successfully attempted to satisfy the Com-mons with a simple expression of goodintentions. On June 7th, however, the kingmade a surprising volte-face, and approvedthe Petition—though with the simultaneousdeclaration that the Commons “neither meannor can hurt my prerogative.” Charles’ sud-den approval of the Petition was almost cer-tainly influenced by secret conferences he hadheld with the judges of the central courts inMay, in which the judges had hinted that thePetition could not prevent Charles from ex-ercising his prerogatives in the future.[9]

24 II. FOUNDATION

Thus, Charles had accepted the Petitionwithout any intention of abiding by it—aswould be demonstrated by his conduct dur-ing the 1630s.[10]

In enacting the Petition, Parliamentsought redress on the following points:

• Taxation without Parliament’s consent• Forced loans• Arbitrary arrest• Imprisonment contrary to Magna Carta• Arbitrary interference with property rights• Lack of enforcement of habeas corpus

• Forced billeting of troops• Imposition of martial law• Exemption of officials from due process

The Petition was largely shaped by thecommon lawyers in the House of Commons,including notably Sir Edward Coke, JohnSelden, John Pym, and Sir John Eliot. ThePetition is retrospective in nature: it claimsto merely reconfirm ancient liberties, ratherthan establish new rights. Thus, it reliesheavily on Magna Carta, the Statutum de tal-

lagio non concedendo of Edward I’s reign, andvarious statutes from the reign of Edward IIIrelating to due process as precedents. Pymeven claimed that the rights demanded pre-dated the Norman conquest and had beenconfirmed by successive kings. In reality,however, the Petition significantly expandedthe recognized rights of Englishmen. TheKing was under great financial pressure, andagreed to the Petition in June. In practice,however, Charles failed to abide by the lim-itations of the Petition. The Petition’s limi-tation of military law jurisdiction preventedWilliam III from disciplining rebellious troopsduring the Glorious Revolution requiring thepassage of the Mutiny Act of 1689.

The Document

Petition of Right

The Petition exhibited to his Majestyby the Lords Spiritual and Temporal, and

Commons, in this present Parliament assem-bled, concerning divers Rights and Libertiesof the Subjects, with the King’s Majesty’sroyal answer thereunto in full Parliament.

To the King’s Most Excellent Majesty,

I. Humbly show unto our SovereignLord the King, the Lords Spiritual and Tem-poral, and Commons in Parliament assem-bled, that whereas it is declared and enactedby a statute made in the time of the reign ofKing Edward I, commonly called Stratutumde Tellagio non Concedendo, that no tallageor aid shall be laid or levied by the king orhis heirs in this realm, without the good willand assent of the archbishops, bishops, earls,barons, knights, burgesses, and other thefreemen of the commonalty of this realm;and by authority of parliament holden in thefive-and-twentieth year of the reign of KingEdward III, it is declared and enacted, thatfrom thenceforth no person should be com-pelled to make any loans to the king againsthis will, because such loans were against rea-son and the franchise of the land; and byother laws of this realm it provided, that noneshould be charged by any charge or imposi-tion called a benevolence, nor by such likecharge; by which statutes before mentioned,and other the good laws and statutes of thisrealm, your subjects have inherited this free-dom, that they should not be compelled tocontribute to any tax, tallage, aid, or otherlike charge not set by common consent, inparliament.

II. Yet nevertheless of late divers com-missions directed to sundry commissionersin several counties, with instructions, haveissued; by means whereof your people havebeen in divers places assembled, and requiredto lend certain sums of money unto yourMajesty, and many of them, upon their re-fusal so to do, have had an oath administeredunto them not warrantable by the laws orstatutes of this realm, and have been con-strained to become bound and make appear-ance and give utterance before your Privy

3. Petition of Right 25

Council and in other places, and others ofthem have been therefore imprisoned,confined, and sundry other ways molestedand disquieted; and divers other charges havebeen laid and levied upon your people in sev-eral counties by lord lieutenants, deputy lieu-tenants, commissioners for musters, justicesof peace and others, by command or direc-tion from your Majesty, or your Privy Coun-cil, against the laws and free custom of therealm.

III. And whereas also by the statutecalled “The Great Charter of the Liberties ofEngland,” it is declared and enacted, that nofreeman may be taken or imprisoned or bedisseized of his freehold or liberties, or hisfree customs, or be outlawed or exiled, or inany manner destroyed, but by the lawfuljudgment of his peers, or by the law of theland.

IV. And in the eight-and-twentiethyear of the reign of King Edward III, it wasdeclared and enacted by authority of parlia-ment, that no man, of what estate or condi-tion that he be, should be put out of his landor tenements, nor taken, nor imprisoned, nordisinherited nor put to death without beingbrought to answer by due process by law.

V. Nevertheless, against the tenor of thesaid statutes, and other the good laws andstatutes of your realm to that end provided,divers of your subjects have of late been im-prisoned without any cause showed; andwhen for their deliverance they were broughtbefore your justices by your Majesty’s writsof habeas corpus, there to undergo and re-ceive as the court should order, and theirkeepers commanded to certify the causes oftheir detainer, no cause was certified, but thatthey were detained by your Majesty’s specialcommand, signified by the lords of your PrivyCouncil, and yet were returned back to sev-eral prisons, without being charged with any-thing to which they might make answer ac-cording to the law.

VI. And whereas of late great compa-nies of soldiers and mariners have been dis-

persed into divers counties of the realm, andthe inhabitants against their wills have beencompelled to receive them into their houses,and there to suffer them to sojourn againstthe laws and customs of this realm, and to thegreat grievance and vexation of the people.

VII. And whereas also by authority ofparliament, in the five-and-twentieth year ofthe reign of King Edward III, it is declaredand enacted, that no man shall be forejudgedof life or limb against the form of the GreatCharter and the law of the land; and by thesaid Great Charter and other the laws andstatutes of this your realm, no man ought tobe adjudged to death but by the laws estab-lished in this your realm, either by the cus-toms of the same realm, or by acts of parlia-ment; and whereas no offender of what kindsoever is exempted from the proceedings tobe used, and punishments to be inflicted bythe laws and statutes of this your realm; nev-ertheless of late time divers commissionsunder your Majesty’s great seal have issuedforth, by which certain persons have been as-signed and appointed commissioners withpower and authority to proceed within theland, according to the justice of martial law,against such soldiers or mariners, or otherdissolute persons joining with them, asshould commit any murder, robbery, felony,mutiny, or other outrage or misdemeanorwhatsoever, and by such summary course andorder as is agreeable to martial law, and isused in armies in time of war, to proceed tothe trial and condemnation of such offend-ers, and them to cause to be executed andput to death according to the law martial.

VIII. By pretext whereof some of yourMajesty’s subjects have been by some of thesaid commissioners put to death, when andwhere, if by the laws and statutes of the landthey had deserved death, by the same lawsand statutes also they might, and by no otherought to have been judged and executed.

IX. And also sundry grievous offend-ers, by color thereof claiming an exemption,have escaped the punishments due to them

26 II. FOUNDATION

by the laws and statutes of this your realm,by reason that divers of your officers andministers of justice have unjustly refused orforborne to proceed against such offendersaccording to the same laws and statutes, uponpretense that the said offenders were punish-able only by martial law, and by authority ofsuch commissions as aforesaid; which com-missions, and all other of like nature, arewholly and directly contrary to the said lawsand statutes of this your realm.

X. They do therefore humbly pray yourmost excellent Majesty, that no man here-after be compelled to make or yield any gift,loan, benevolence, tax, or such like charge,without common consent by act of parlia-ment; and that none be called to make an-swer, or take such oath, or to give attendance,or be confined, or otherwise molested or dis-quieted concerning the same or for refusalthereof ; and that no freeman, in any suchmanner as is before mentioned, be impris-oned or detained; and that your Majestywould be pleased to remove the said soldiersand mariners, and that your people may notbe so burdened in time to come; and that theaforesaid commissions, for proceeding bymartial law, may be revoked and annulled;and that hereafter no commissions of like na-ture may issue forth to any person or personswhatsoever to be executed as aforesaid, lest bycolor of them any of your Majesty’s subjects

be destroyed or put to death contrary to thelaws and franchise of the land.

XI. All which they most humbly prayof your most excellent Majesty as their rightsand liberties, according to the laws andstatutes of this realm; and that your Majestywould also vouchsafe to declare, that theawards, doings, and proceedings, to the prej-udice of your people in any of the premises,shall not be drawn hereafter into consequenceor example; and that your Majesty would bealso graciously pleased, for the further com-fort and safety of your people, to declare yourroyal will and pleasure, that in the thingsaforesaid all your officers and ministers shallserve you according to the laws and statutesof this realm, as they tender the honor ofyour Majesty, and the prosperity of this king-dom.

REFERENCES

1. Conrad Russell, Parliaments and English Politics1621 –1629 (Oxford: Clarendon Press, 1979), 267–322passim.

2. Roger Lockyer, The Early Stuarts (New York: Long-man, 1989), 220–224.

3. Russell, 334–335.4. Robert C. Johnson et al., eds., Commons Debates 1628,

vol. 2 (New Haven: Yale University Press, 1977), 2.5. Ibid., 45.6. Ibid., 291.7. Commons Debates 1628, vol. 3, 280.8. Russell, 371 –374.9. Commons Debates 1628, vol. 6, 46.

10. Russell, 383.

3. Petition of Right 27

The History*

The Bill of Rights (a short title con-ferred by the Short Titles Act 1896, section 1and the first schedule) is an act of the Parlia-ment of England, whose title is An Act De-

claring the Rights and Liberties of the Subject

and Settling the Succession of the Crown. It isoften called the English Bill of Rights.

The Bill of Rights was passed by Parlia-ment in December 1689 and was a restate-ment in statutory form of the Declaration ofRight, presented by the Convention Parlia-ment to William and Mary in March 1688,inviting them to become joint sovereigns ofEngland. It enumerates certain rights towhich subjects and permanent residents of aconstitutional monarchy were thought to beentitled in the late 17th century, assertingsubjects’ right to petition the monarch, aswell as to bear arms in defense. It also setsout—or, in the view of its drafters, restates—certain constitutional requirements of theCrown to seek the consent of the people, asrepresented in Parliament.

Along with the 1701 Act of Settlement

the Bill of Rights remains, today, one of themain constitutional laws governing the suc-cession to not only the throne of the UnitedKingdom, but, following British colonialism,the resultant doctrine of reception, and inde-pendence, also to those of the other Com-monwealth realms, whether by willing defer-ence to the act as a British statute or as apatriated part of the particular realm’s con-stitution.[1] Since the implementation of theStatute of Westminster in each of the Com-monwealth realms (on successive dates from1931 onwards) the Bill of Rights cannot bealtered in any realm except by that realm’sown parliament, and then, by convention,and as it touches on the succession to theshared throne, only with the consent of allthe other realms.[2]

In the United Kingdom, the Bill ofRights is further accompanied by the MagnaCarta, Habeas Corpus Act of 1679 and Par-liament Acts 1911 and 1949 as some of thebasic documents of the uncodified Britishconstitution. A separate but similar docu-ment, the Claim of Right Act, applies inScotland. Further, a bill of rights has been

CHAPTER 4

Bill of Rights(December 16, 1689)

Parliament of England

28

*Originally published as “Bill of Rights 1689,” Wikipedia, Wikimedia Foundation, Inc., San Francisco, California,November 2009. For additional information see “The Glorious Revolution: The Convention and Bill of Rights,”Living Heritage, United Kingdom Parliamentary Archives, London, England, 2009. This agency is listed in the Na-tional Resource Directory section of this volume.

listed, in the Republic of Ireland’s StatuteLaw Revision (Pre-Union), as an English actof Parliament to be retained as part of thecountry’s law.[3] The English Bill of Rights1689 inspired in large part the United StatesBill of Rights.[4][5]

The Bill of Rights laid out certain basictenets for, at the time, all Englishmen. Theserights continue to apply today, not only inEngland, but in each of the jurisdictions ofthe Commonwealth realms as well. The peo-ple, embodied in the Parliament, are grantedimmutable civil and political rights throughthe act, including:

• Freedom from royal interference with thelaw. Though the sovereign remains thefount of justice, he or she cannot unilater-ally establish new courts or act as a judge.

• Freedom from taxation by Royal Preroga-tive. The agreement of Parliament becamenecessary for the implementation of anynew taxes.

• Freedom to petition the monarch.• Freedom from the standing army during a

time of peace. The agreement of Parlia-ment became necessary before the armycould be moved against the populace whennot at war.

• Freedom for Protestants to bear arms fortheir own defense, as suitable to their classand as allowed by law.

• Freedom to elect members of Parliamentwithout interference from the sovereign.

• Freedom of speech and debates; or pro-ceedings in Parliament ought not to be im-peached or questioned in any court orplace out of Parliament.

Certain acts of James II were also spe-cifically named and declared illegal by the Billof Rights, while James’ flight from England inthe wake of the Glorious Revolution was alsodeclared to be an abdication of the throne.

Also, in a prelude to the Act of Settle-ment to come twelve years later, the Bill ofRights barred Roman Catholics from thethrone of England as “it hath been found by

experience that it is inconsistent with thesafety and welfare of this Protestant kingdomto be governed by a papist prince”; thusWilliam III and Mary II were named as thesuccessors of James VII and II and that thethrone would pass from them first to Mary’sheirs, then to her sister, Princess Anne ofDenmark and her heirs and, further, to anyheirs of William by a later marriage. Themonarch was further required to swear a coro-nation oath to main the Protestant religion.

The Bill of Rights was later supple-mented by the Act of Settlement of 1701(while the Claim of Right Act in Scotlandwas supplemented by the Act of Union,1707). Both the Bill of Rights and the Claimof Right contributed a great deal to the es-tablishment of the concept of parliamentarysovereignty and the curtailment of the pow-ers of the monarch. Leading, ultimately, tothe establishment of constitutional monar-chy, while also along with Penal Laws, settledthe political and religious turmoil that hadconvulsed Scotland, England and Ireland inthe 17th century.

It was a predecessor of the United StatesBill of Rights, the Canadian Charter ofRights and Freedoms, the United NationsUniversal Declaration of Human Rights andthe European Convention on Human Rights.For example, as with the Bill of Rights, theU.S. constitution requires jury trials and pro-hibits excessive bail and “cruel and unusualpunishments.”

Similarly, “cruel, inhuman or degradingpunishments” are banned under Article 5 ofthe Universal Declaration of Human Rightsand Article 3 of the European Conventionon Human Rights.

The bill continues to be cited in legalproceedings in the Commonwealth realms.For instance, on 21 July 1995 a libel casebrought by Neil Hamilton (then a memberof Parliament) against The Guardian wasstopped after Justice May ruled that the Billof Rights’ prohibition on the courts’ abilityto question parliamentary proceedings would

4. Bill of Rights (1689) 29

prevent The Guardian from obtaining a fairtrial. Section 13 of the Defamation Act, 1996,was subsequently enacted to permit an MP towaive his parliamentary privilege.

The Bill of Rights was also invoked inNew Zealand in the 1976 case of Fitzgeraldv. Muldoon and Others, which centered onthe purporting of newly appointed PrimeMinister Robert Muldoon that he would ad-vise the Governor-General to abolish a su-perannuation scheme established by the NewZealand Superannuation Act, 1974, withoutnew legislation. Muldoon felt that the disso-lution would be immediate and he wouldlater introduce a new bill in Parliament toretroactively make the abolition legal. Thisclaim was challenged in court and the ChiefJustice declared that Muldoon’s actions wereillegal as they had violated Article 1 of theBill of Rights, which provides “that the pre-tended power of suspending laws of the exe-cution of laws by regal authority withoutconsent of parliament is illegal.”

Two special designs of the British com-memorative two pound coins were issued inthe United Kingdom in 1989 to celebrate thetercentenary of the Glorious Revolution.One referred to the Bill of Rights and theother to the Claim of Right. Both depict theRoyal Cypher of William and Mary and themace of the House of Commons; one alsoshows a representation of the St. Edward’sCrown and, another, the Crown of Scotland.

The Document

Bill of Rights

AN ACT DECLARING THE RIGHTS AND

LIBERTIES OF THE SUBJECT AND SET-TLING THE SUCCESSION OF THE CROWN

Whereas the Lords Spiritual and Tem-poral and Commons assembled at Westmin-ster, lawfully, fully and freely representing allthe estates of the people of this realm, did

upon the thirteenth day of February in theyear of our Lord one thousand six hundredeighty-eight [old style date] present untotheir Majesties, then called and known bythe names and style of William and Mary,prince and princess of Orange, being presentin their proper persons, a certain declarationin writing made by the said Lords and Com-mons in the words following, viz.:

• Whereas the late King James the Second,by the assistance of divers evil counsellors,judges and ministers employed by him, didendeavour to subvert and extirpate theProtestant religion and the laws and liber-ties of this kingdom;

• By assuming and exercising a power of dis-pensing with and suspending of laws andthe execution of laws without consent ofParliament;

• By committing and prosecuting diversworthy prelates for humbly petitioning tobe excused from concurring to the said as-sumed power;

• By issuing and causing to be executed acommission under the great seal for erect-ing a court called the Court of Commis-sioners for Ecclesiastical Causes;

• By levying money for and to the use of theCrown by pretence of prerogative for othertime and in other manner than the samewas granted by Parliament;

• By raising and keeping a standing armywithin this kingdom in time of peacewithout consent of Parliament, and quar-tering soldiers contrary to law;

• By causing several good subjects beingProtestants to be disarmed at the sametime when papists were both armed andemployed contrary to law;

• By violating the freedom of election ofmembers to serve in Parliament;

• By prosecutions in the Court of King’sBench for matters and causes cognizableonly in Parliament, and by divers other ar-bitrary and illegal courses;

• And whereas of late years partial corrupt

30 II. FOUNDATION

and unqualified persons have been re-turned and served on juries in trials, andparticularly divers jurors in trials for hightreason which were not freeholders;

• And excessive bail hath been required ofpersons committed in criminal cases toelude the benefit of the laws made for theliberty of the subjects;

• And excessive fines have been imposed;• And illegal and cruel punishments in-

flicted;• And several grants and promises made of

fines and forfeitures before any convictionor judgment against the persons uponwhom the same were to be levied;

• All which are utterly and directly contraryto the known laws and statutes and free-dom of this realm;

And whereas the said late King Jamesthe Second having abdicated the governmentand the throne being thereby vacant, hisHighness the prince of Orange (whom it hathpleased Almighty God to make the gloriousinstrument of delivering this kingdom frompopery and arbitrary power) did (by the ad-vice of the Lords Spiritual and Temporal anddivers principal persons of the Commons)cause letters to be written to the Lords Spir-itual and Temporal being Protestants, andother letters to the several counties, cities,universities, boroughs and cinque ports, forthe choosing of such persons to representthem as were of right to be sent to Parlia-ment, to meet and sit at Westminster uponthe two and twentieth day of January in thisyear one thousand six hundred eighty andeight [old style date], in order to such an es-tablishment as that their religion, laws andliberties might not again be in danger ofbeing subverted, upon which letters electionshaving been accordingly made;

And thereupon the said Lords Spiritualand Temporal and Commons, pursuant totheir respective letters and elections, beingnow assembled in a full and free representa-tive of this nation, taking into their most se-

rious consideration the best means for attain-ing the ends aforesaid, do in the first place (astheir ancestors in like case have usually done)for the vindicating and asserting their an-cient rights and liberties declare

• That the pretended power of suspendingthe laws or the execution of laws by regalauthority without consent of Parliament isillegal;

• That the pretended power of dispensingwith laws or the execution of laws by regalauthority, as it hath been assumed and ex-ercised of late, is illegal;

• That the commission for erecting the lateCourt of Commissioners for EcclesiasticalCauses, and all other commissions andcourts of like nature, are illegal and perni-cious;

• That levying money for or to the use of theCrown by pretence of prerogative, withoutgrant of Parliament, for longer time, or inother manner than the same is or shall begranted, is illegal;

• That it is the right of the subjects to peti-tion the king, and all commitments andprosecutions for such petitioning are ille-gal;

• That the raising or keeping a standingarmy within the kingdom in time of peace,unless it be with consent of Parliament, isagainst law;

• That the subjects which are Protestantsmay have arms for their defence suitable totheir conditions and as allowed by law;

• That election of members of Parliamentought to be free;

• That the freedom of speech and debates orproceedings in Parliament ought not to beimpeached or questioned in any court orplace out of Parliament;

• That excessive bail ought not to be re-quired, nor excessive fines imposed, norcruel and unusual punishments inflicted;

• That jurors ought to be duly impanelledand returned, and jurors which pass uponmen in trials for high treason ought to be


freeholders;• That all grants and promises of fines and

forfeitures of particular persons beforeconviction are illegal and void;

• And that for redress of all grievances, andfor the amending, strengthening and pre-serving of the laws, Parliaments ought tobe held frequently.

And they do claim, demand and insistupon all and singular the premises as theirundoubted rights and liberties, and that nodeclarations, judgments, doings or proceed-ings to the prejudice of the people in any ofthe said premises ought in any wise to bedrawn hereafter into consequence or exam-ple; to which demand of their rights they areparticularly encouraged by the declaration ofhis Highness the prince of Orange as beingthe only means for obtaining a full redressand remedy therein.

Having therefore an entire confidencethat his said Highness the prince of Orangewill perfect the deliverance so far advancedby him, and will still preserve them from theviolation of their rights which they have hereasserted, and from all other attempts upontheir religion, rights and liberties, the saidLords Spiritual and Temporal and Commonsassembled at Westminster do resolve thatWilliam and Mary, prince and princess ofOrange, be and be declared king and queenof England, France and Ireland and the do-minions thereunto belonging, to hold thecrown and royal dignity of the said kingdomsand dominions to them, the said prince andprincess, during their lives and the life of thesurvivor to them, and that the sole and fullexercise of the regal power be only in and ex-ecuted by the said prince of Orange in thenames of the said prince and princess duringtheir joint lives, and after their deceases thesaid crown and royal dignity of the samekingdoms and dominions to be to the heirsof the body of the said princess, and for de-fault of such issue to the Princess Anne ofDenmark and the heirs of her body, and for

default of such issue to the heirs of the bodyof the said prince of Orange. And the LordsSpiritual and Temporal and Commons dopray the said prince and princess to acceptthe same accordingly.

And that the oaths hereafter mentionedbe taken by all persons of whom the oathshave allegiance and supremacy might be re-quired by law, instead of them; and that thesaid oaths of allegiance and supremacy be ab-rogated.

I, A.B., do sincerely promise and swear that Iwill be faithful and bear true allegiance to theirMajesties King William and Queen Mary. Sohelp me God.

I, A.B., do swear that I do from my heartabhor, detest and abjure as impious and hereti-cal this damnable doctrine and position, thatprinces excommunicated or deprived by thePope or any authority of the see of Rome maybe deposed or murdered by their subjects orany other whatsoever. And I do declare that noforeign prince, person, prelate, state or poten-tate hath or ought to have any jurisdiction,power, superiority, pre-eminence or authority,ecclesiastical or spiritual, within this realm. Sohelp me God.

Upon which their said Majesties did ac-cept the crown and royal dignity of the king-doms of England, France and Ireland, andthe dominions thereunto belonging, accord-ing to the resolution and desire of the saidLords and Commons contained in the saiddeclaration.

And thereupon their Majesties werepleased that the said Lords Spiritual andTemporal and Commons, being the twoHouses of Parliament, should continue to sit,and with their Majesties’ royal concurrencemake effectual provision for the settlementof the religion, laws and liberties of this king-dom, so that the same for the future mightnot be in danger again of being subverted, towhich the said Lords Spiritual and Temporaland Commons did agree, and proceed to actaccordingly.

Now in pursuance of the premises thesaid Lords Spiritual and Temporal and Com-

32 II. FOUNDATION

mons in Parliament assembled, for the rati-fying, confirming and establishing the saiddeclaration and the articles, clauses, mattersand things therein contained by the force oflaw made in due form by authority of Parlia-ment, do pray that it may be declared andenacted that all and singular the rights andliberties asserted and claimed in the said dec-laration are the true, ancient and indubitablerights and liberties of the people of this king-dom, and so shall be esteemed, allowed, ad-judged, deemed and taken to be; and that alland every the particulars aforesaid shall befirmly and strictly holden and observed asthey are expressed in the said declaration, andall officers and ministers whatsoever shallserve their Majesties and their successors ac-cording to the same in all time to come.

And the said Lords Spiritual and Tem-poral and Commons, seriously consideringhow it hath pleased Almighty God in hismarvellous providence and merciful good-ness to this nation to provide and preservetheir said Majesties’ royal persons most hap-pily to reign over us upon the throne of theirancestors, for which they render unto himfrom the bottom of their hearts their hum-blest thanks and praises, do truly, firmly, as-suredly and in the sincerity of their heartsthink, and do hereby recognize, acknowledgeand declare, that King James the Second hav-ing abdicated the government, and theirMajesties having accepted the crown androyal dignity as aforesaid, their said Majestiesdid become, were, are and of right ought tobe by the laws of this realm our sovereignliege lord and lady, king and queen of En-gland, France and Ireland and the dominionsthereunto belonging, in and to whoseprincely persons the royal state, crown anddignity of the said realms with all honours,styles, titles, regalities, prerogatives, powers,jurisdictions and authorities to the same be-longing and appertaining are most fully,rightfully and entirely invested and incorpo-rated, united and annexed. And for prevent-ing all questions and divisions in this realm

by reason of any pretended titles to thecrown, and for preserving a certainty in thesuccession thereof, in and upon which theunity, peace, tranquility and safety of thisnation doth under God wholly consist anddepend, the said Lords Spiritual and Tempo-ral and Commons do beseech their Majestiesthat it may be enacted, established and de-clared, that the crown and regal governmentof the said kingdoms and dominions, with alland singular the premises thereunto belong-ing and appertaining, shall be and continueto their said Majesties and the survivor ofthem during their lives and the life of thesurvivor of them, and that the entire, perfectand full exercise of the regal power and gov-ernment be only in and executed by hisMajesty in the names of both their Majestiesduring their joint lives; and after their de-ceases the said crown and premises shall beand remain to the heirs of the body of herMajesty, and for default of such issue to herRoyal Highness the Princess Anne of Den-mark and the heirs of the body of his saidMajesty; and thereunto the said Lords Spir-itual and Temporal and Commons do in thename of all the people aforesaid most humblyand faithfully submit themselves, their heirsand posterities for ever, and do faithfullypromise that they will stand to, maintain anddefend their said Majesties, and also the lim-itation and succession of the crown hereinspecified and contained, to the utmost oftheir powers with their lives and estatesagainst all persons whatsoever that shall at-tempt anything to the contrary.

And whereas it hath been found by ex-perience that it is inconsistent with the safetyand welfare of this Protestant kingdom to begoverned by a popish prince, or by any kingor queen marrying a papist, the said LordsSpiritual and Temporal and Commons dofurther pray that it may be enacted, that alland every person and persons that is, are orshall be reconciled to or shall hold commun-ion with the see or Church of Rome, or shallprofess the popish religion, or shall marry a


papist, shall be excluded and be for ever in-capable to inherit, possess or enjoy the crownand government of this realm and Irelandand the dominions thereunto belonging orany part of the same, or to have, use or ex-ercise any regal power, authority or jurisdic-tion within the same; and in all and everysuch case or cases the people of these realmsshall be and are hereby absolved of their al-legiance; and the said crown and governmentshall from time to time descend to and beenjoyed by such person or persons beingProtestants as should have inherited and en-joyed the same in case the said person or per-sons so reconciled, holding communion orprofessing or marrying as aforesaid were nat-urally dead; and that every king and queenof this realm who at any time hereafter shallcome to and succeed in the imperial crownof this kingdom shall on the first day of themeeting of the first Parliament next after hisor her coming to the crown, sitting in his orher throne in the House of Peers in the pres-ence of the Lords and Commons therein as-sembled, or at his or her coronation beforesuch person or persons who shall administerthe coronation oath to him or her at the timeof his or her taking the said oath (which shallfirst happen), make, subscribe and audiblyrepeat the declaration mentioned in thestatute made in the thirtieth year of the reignof King Charles the Second entitled, An Act

for the more effectual preserving the king’s per-

son and government by disabling papists from

sitting in either House of Parliament. But if itshall happen that such king or queen uponhis or her succession to the crown of thisrealm shall be under the age of twelve years,then every such king or queen shall make,subscribe and audibly repeat the same decla-ration at his or her coronation or the first dayof the meeting of the first Parliament asaforesaid which shall first happen after such

king or queen shall have attained the said ageof twelve years.

I. All which their Majesties are con-tented and pleased shall be declared, enactedand established by authority of this presentParliament, and shall stand, remain and bethe law of this realm for ever; and the sameare by their said Majesties, by and with theadvice and consent of the Lords Spiritual andTemporal and Commons in Parliament as-sembled and by the authority of the same,declared, enacted and established accord-ingly.

II. And be it further declared and en-acted by the authority aforesaid, that fromand after this present session of Parliament nodispensation by non obstante of or to anystatute or any part thereof shall be allowed,but that the same shall be held void and ofno effect, except a dispensation be allowed ofin such statute, and except in such cases asshall be specially provided for by one or morebill or bills to be passed during this presentsession of Parliament.

III. Provided that no charter or grant orpardon granted before the three and twenti-eth day of October in the year of our Lordone thousand six hundred eighty-nine [oldstyle date] shall be any ways impeached or in-validated by this Act, but that the same shallbe and remain of the same force and effect inlaw and no other than as if this Act had neverbeen made.

REFERENCES

1. Toporoski, Richard (Summer, 1996). “MonarchyCanada: The Invisible Crown.” http://www.monarchist.ca/mc/invisibl.htm.

2. Statute of Westminster; 1931 c.4 22 and 23 Geo 5.3. Acts Retained4. http://www.icons.org.uk/theicons/collection/eccentric

ity/biography/true-eccentrics.5. http://www.thegloriousrevolution.org/docs/english

%20bill%20of%20rights.htm.

34 II. FOUNDATION

The History*

The settlers who came to the NewWorld brought with them a great deal of bag-gage in the form of ideas and beliefs they hadheld dear in England. Indeed, many of them,such as the Puritans, came to America so theycould live in stricter accord with those be-liefs. The Pilgrims, a branch of the Puritans,arrived off the coast of Massachusetts in No-vember 1620, determined to live sacred livesaccording to biblical commands, and in sodoing to build a “city upon a hill” that wouldbe a beacon to the rest of the world.

But aside from their religious enthusi-asm, the Pilgrims also knew that the Englishsettlement founded a few years earlier atJamestown in Virginia had practicallyfoundered because of the lack of a stronggovernment and leadership. They would notmake that mistake, and agreed that once agovernment had been established, they wouldobey the commands of its leaders.

In making this compact, the Pilgrimsdrew upon two strong traditions. One wasthe notion of a social contract, which datedback to biblical times and which would re-

ceive fuller expression in the works ofThomas Hobbes and John Locke later in thecentury. The other was the belief incovenants. Puritans believed that covenantsexisted not only between God and man, butalso between man and man. The Pilgrimshad used covenants in establishing their con-gregations in the Old World. The MayflowerCompact is such a covenant in that the set-tlers agreed to form a government and bebound by its rules.

The Compact is often described asAmerica’s first constitution, but it is not aconstitution in the sense of being a funda-mental framework of government. Its impor-tance lies in the belief that government is aform of covenant, and that for governmentto be legitimate, it must derive from the con-sent of the governed. The settlers recognizedthat individually they might not agree withall of the actions of the government they werecreating; but they, and succeeding genera-tions, understood that government could belegitimate only if it originated with the con-sent of those it claimed to govern.

On November 21, 1620, forty-one adultmale passengers signed the Mayflower Com-

SECTION III: CORE DOCUMENTS

CHAPTER 5

Mayflower Compact(November 21, 1620)

Pilgrims of the New World

35

*Originally published as “The Mayflower Compact (1620),” Basic Readings in U.S. Democracy, InfoUSA, Bureau ofInternational Information Programs, U.S. Department of State, Washington, DC, 2009. For additional informa-tion see “Pilgrims,” Cape Cod National Seashore History and Culture, National Park Service, U.S. Department of theInterior, Washington, DC, 2007. This agency is listed in the National Resource Directory section of this volume.

pact. The compact served as a device to pre-serve order and establish rules for self-gov-ernment. The signers agreed to combinethemselves into a “civil Body Politick” thatwould enact and obey “just and equal laws”that were made for the “general good of thecolony.” This commitment to justice andequality would be reiterated in many laterdocuments, including the U.S. Constitution.

There were two other colonies in theNew World prior to the landing of the Pil-grims in 1620. The first was the RoanokeColony, which was located on Roanoke Is-land in the Virginia Colony and financed bySir Walter Raleigh in the late 16th century.Between 1585 and 1587, several groups at-tempted to establish this colony, but hadabandoned the settlement. The final group ofcolonists disappeared after three years hadelapsed without receiving supplies from theKingdom of England during the Anglo-Spanish War, leading to the continuing mys-tery commonly known as “The Lost Colony.”

The second settlement was the first suc-cessful English settlement in the New World.Named after King James I of England,Jamestown was founded in the Virginia Col-ony in May of 1607. Jamestown was foundedfor the purpose of making a profit from goldmining for its investors, while also establish-ing a permanent foothold in the New Worldfor England. These settlers were given a char-ter and funded by the Virginia Company, aprivate corporation. Other successfulcolonies in North America were in Spanishdominions such as New Spain, New Mexico,and Spanish Florida.

Because the first settlement at Roanokedid not materialize, and the second settle-ment at Jamestown was a private venture, thePilgrims are recognized as the first group of

emigrants to the New World to draft theirown charter, or compact as they called it, andto establish their own civil society with agovernmental structure.

The Document

Mayflower Compact

We whose names are underwritten, theloyal subjects of our dread Sovereign LordKing James, by the Grace of God of GreatBritain, France and Ireland, King, Defenderof the Faith, etc.

Having undertaken, for the Glory ofGod and advancement of the Christian Faithand Honour of our King and Country, aVoyage to plant the First Colony in theNorthern Parts of Virginia, do by these pres-ents solemnly and mutually in the presenceof God and one of another, Covenant andCombine ourselves together into a CivilBody Politic, for our better ordering andpreservation and furtherance of the endaforesaid; and by virtue hereof to enact, con-stitute and frame such just and equal Laws,Ordinances, Acts, Constitutions and Offices,from time to time, as shall be thought mostmeet and convenient for the general good ofthe Colony, unto which we promise all duesubmission and obedience. In witnesswhereof we have hereunder subscribed ournames at Cape Cod, the 11th of November,in the year of the reign of our Sovereign LordKing James, of England, France and Irelandthe eighteenth, and of Scotland the fifty-fourth. Anno Domini 1620.

—Signed by forty-one (41) adult malepassengers.

36 III. CORE DOCUMENTS

The History*

The Fundamental Orders were adoptedby the Connecticut Colony council on Jan-uary 14, 1639.[1][2] The orders describe thegovernment set up by the Connecticut Rivertowns, setting its structure and powers.

It has the features of a written constitu-tion, and is considered by some as the firstwritten Constitution in the Western tradi-tion,[3] and thus earned Connecticut its nick-name of The Constitution State. John Fiske, aConnecticut historian, was the first to claimthat the Fundamental Orders were the firstwritten Constitution, a claim disputed by somemodern historians.[4] The orders were tran-scribed into the official colony records by thecolony’s secretary Thomas Welles. It was aConstitution for the colonial government ofHartford and was similar to the governmentMassachusetts had set up. However, this Ordergave men more voting rights and opened upmore men to be able to run for office positions.

In 1635 a group of Massachusetts Puri-tans and Congregationalists who were dis-satisfied with the rate of Anglican reforms,sought to establish an ecclesiastical society

subject to their own rules and regulations.The Massachusetts General Court grantedthem permission to settle the cities of Spring-field, Windsor, Wethersfield, and Hartford.[5]

Ownership of the land was called into dis-pute by the English holders of the WarwickPatent of 1631. The Massachusetts GeneralCourt established the March Commission tomediate the dispute, and named Roger Lud-low as its head. The Commission named 8magistrates from the Connecticut towns toimplement a legal system. The March com-mission expired in March 1636, after whichtime the settlers continued to self-govern. OnMay 29, 1638 Ludlow wrote to Massachu-setts Governor Winthrop that the colonistswanted to “unite ourselves to walk and liepeaceably and lovingly together.” Ludlowdrafted the Fundamental Orders, which wereadopted on January 14, 1639, which estab-lished Connecticut as a self-ruled entity.

There is no record of the debates or pro-ceedings of the drafting or enactment of theFundamental Orders. It is postulated that thefarmers wished to remain anonymous toavoid retaliation by the English authorities.According to John Taylor:[6]

CHAPTER 6

Fundamental Orders of Connecticut( January 14, 1639)

Colony Council

37

*Originally published as “Fundamental Orders of Connecticut,” Wikipedia, Wikimedia Foundation, Inc., San Fran-cisco, California, December 2008. For additional information see “The First Constitution of Connecticut,” Histor-ical Antecedents, Secretary of State, State of Connecticut, Hartford, Connecticut, 2008. This agency is listed in theNational Resource Directory section of this volume.

The men of the three towns were a law untothemselves. It is known that they were inearnest for the establishment of a governmenton broad lines; and it is certain that the min-isters and captains, the magistrates and men ofaffairs, forceful in the settlements from the be-ginning, were the men who took the lead,guided the discussions, and found the root ofthe whole matter in the first written declarationof independence in these historical orders.

The Fundamental Orders of Connecti-cut is a short document, but it contains someprinciples that were later applied in creatingthe United States government. Governmentis based in the rights of an individual, and theorders spell out some of those rights, as wellas how they are ensured by the government.It provides that all free men share in electingtheir magistrates, and uses secret, paper bal-lots. It states the powers of the government,and some limits within which that power isexercised.

In one sense, the Fundamental Orderswere replaced by a Royal Charter in 1662,but the major outline of the charter was writ-ten in Connecticut and embodied the Or-ders’ rights and mechanics. It was carried toEngland by Governor John Winthrop andbasically approved by the British King,Charles II. The colonists generally viewed thecharter as a continuation and surety for theirFundamental Orders; the Charter Oak gotits name when that charter was supposedlyhidden in it, rather than be surrendered tothe King’s agents.

Today, the individual rights in the Or-ders, with others added over the years, arestill included as a “Declaration of Rights” inthe first article of the current ConnecticutConstitution, adopted in 1965.

The Document

Fundamental Orders

For as much as it hath pleased AlmightyGod by the wise disposition of his divine

providence so to order and dispose of thingsthat we the Inhabitants and Residents ofWindsor, Hartford and Wethersfield are nowcohabiting and dwelling in and upon theRiver of Connectecotte and the lands there-unto adjoining; and well knowing where apeople are gathered together the word of Godrequires that to maintain the peace and unionof such a people there should be an orderlyand decent Government established accord-ing to God, to order and dispose of the af-fairs of the people at all seasons as occasionshall require; do therefore associate and con-join ourselves to be as one Public State orCommonwealth; and do for ourselves andour successors and such as shall be adjoinedto us at any time hereafter, enter into Com-bination and Confederation together, tomaintain and preserve the liberty and purityof the Gospel of our Lord Jesus which wenow profess, as also, the discipline of theChurches, which according to the truth ofthe said Gospel is now practiced amongst us;as also in our civil affairs to be guided andgoverned according to such Laws, Rules, Or-ders and Decrees as shall be made, ordered,and decreed as followeth:

1. It is Ordered, sentenced, and de-creed, that there shall be yearly two GeneralAssemblies or Courts, the one the secondThursday in April, the other the secondThursday in September following; the firstshall be called the Court of Election, whereinshall be yearly chosen from time to time, somany Magistrates and other public Officersas shall be found requisite: Whereof one tobe chosen Governor for the year ensuing anduntil another be chosen, and no other Mag-istrate to be chosen for more than one year:provided always there be six chosen besidesthe Governor, which being chosen and swornaccording to an Oath recorded for that pur-pose, shall have the power to administer jus-tice according to the Laws here established,and for want thereof, according to the Ruleof the Word of God; which choice shall be


made by all that are admitted freemen andhave taken the Oath of Fidelity, and do co-habit within this Jurisdiction having been ad-mitted Inhabitants by the major part of theTown wherein they live or the major part ofsuch as shall be then present.

2. It is Ordered, sentenced, and de-creed, that the election of the aforesaid Mag-istrates shall be in this manner: every personpresent and qualified for choice shall bring in(to the person deputed to receive them) onesingle paper with the name of him written init whom he desires to have Governor, andthat he that hath the greatest number of pa-pers shall be Governor for that year. And therest of the Magistrates or public officers to bechosen in this manner: the Secretary for thetime being shall first read the names of allthat are to be put to choice and then shallseverally nominate them distinctly, and everyone that would have the person nominated tobe chosen shall bring in one single paperwritten upon, and he that would not havehim chosen shall bring in a blank; and everyone that hath more written papers thanblanks shall be a Magistrate for that year;which papers shall be received and told byone or more that shall be then chosen by thecourt and sworn to be faithful therein; but incase there should not be six chosen as afore-said, besides the Governor, out of thosewhich are nominated, then he or they whichhave the most writen papers shall be a Mag-istrate or Magistrates for the ensuing year, tomake up the aforesaid number.

3. It is Ordered, sentenced, and de-creed, that the Secretary shall not nominateany person, nor shall any person be chosennewly into the Magistracy which was notpropounded in some General Court before,to be nominated the next election; and tothat end it shall be lawful for each of theTowns aforesaid by their deputies to nomi-nate any two whom they conceive fit to beput to election; and the Court may add somany more as they judge requisite.

4. It is Ordered, sentenced, and de-

creed, that no person be chosen Governorabove once in two years, and that the Gov-ernor be always a member of some approvedCongregation, and formerly of the Magis-tracy within this Jurisdiction; and that all theMagistrates, Freemen of this Common-wealth; and that no Magistrate or other pub-lic officer shall execute any part of his or theiroffice before they are severally sworn, whichshall be done in the face of the court if theybe present, and in case of absence by somedeputed for that purpose.

5. It is Ordered, sentenced, and de-creed, that to the aforesaid Court of Electionthe several Towns shall send their deputies,and when the Elections are ended they mayproceed in any public service as at otherCourts. Also the other General Court in Sep-tember shall be for making of laws, and anyother public occasion, which concerns thegood of the Commonwealth.

6. It is Ordered, sentenced, and de-creed, that the Governor shall, either by him-self or by the Secretary, send out summons tothe Constables of every Town for the callingof these two standing Courts one month atleast before their several times: And also ifthe Governor and the greatest part of theMagistrates see cause upon any special occa-sion to call a General Court, they may giveorder to the Secretary so to do within four-teen days’ warning: And if urgent necessityso required, upon a shorter notice, givingsufficient grounds for it to the deputies whenthey meet, or else be questioned for the same.And if the Governor and major part of Mag-istrates shall either neglect or refuse to call thetwo General standing Courts or either ofthem, as also at other times when the occa-sions of the Commonwealth require, theFreemen thereof, or the major part of them,shall petition to them so to do; if then it beeither denied or neglected, the said Freemen,or the major part of them, shall have thepower to give order to the Constables of theseveral Towns to do the same, and so maymeet together, and choose to themselves a

6. Fundamental Orders of Connecticut 39

Moderator, and may proceed to do any actof power which any other General Courtsmay.

7. It is Ordered, sentenced, and de-creed, that after there are warrants given outfor any of the said General Courts, the Con-stable or Constables of each Town, shallforthwith give notice distinctly to the inhab-itants of the same, in some public assemblyor by going or sending from house to house,that at a place and time by him or them lim-ited and set, they meet and assemble them-selves together to elect and choose certaindeputies to be at the General Court then fol-lowing to agitate the affairs of the Common-wealth; which said deputies shall be chosenby all that are admitted Inhabitants in theseveral Towns and have taken the oath offidelity; provided that none be chosen aDeputy for any General Court which is nota Freeman of this Commonwealth.

The aforesaid deputies shall be chosenin manner following: every person that ispresent and qualified as before expressed,shall bring the names of such, written in sev-eral papers, as they desire to have chosen forthat employment, and these three or four,more or less, being the number agreed on tobe chosen for that time, that have the great-est number of papers written for them shallbe deputies for that Court; whose namesshall be endorsed on the back side of the war-rant and returned into the Court, with theConstable or Constables’ hand unto thesame.

8. It is Ordered, sentenced, and de-creed, that Windsor, Hartford, and Wethers-field shall have power, each Town, to sendfour of their Freemen as their deputies toevery General Court; and Whatsoever otherTown shall be hereafter added to this Juris-diction, they shall send so many deputies asthe Court shall judge meet, a reasonable pro-portion to the number of Freemen that are inthe said Towns being to be attended therein;which deputies shall have the power of thewhole Town to give their votes and allowance

to all such laws and orders as may be for thepublic good, and unto which the said Townsare to be bound.

9. It is Ordered, sentenced, and de-creed, that the deputies thus chosen shallhave power and liberty to appoint a time anda place of meeting together before any Gen-eral Court, to advise and consult of all suchthings as may concern the good of the pub-lic, as also to examine their own Elections,whether according to the order, and if theyor the greatest part of them find any electionto be illegal they may seclude such for pres-ent from their meeting, and return the sameand their reasons to the Court; and if it beproved true, the Court may fine the party orparties so intruding, and the Town, if theysee cause, and give out a warrant to go to anew election in a legal way, either in part orin whole. Also the said deputies shall havepower to fine any that shall be disorderly attheir meetings, or for not coming in due timeor place according to appointment; and theymay return the said fines into the Court if itbe refused to be paid, and the Treasurer totake notice of it, and to escheat or levy thesame as he does other fines.

10. It is Ordered, sentenced, and de-creed, that every General Court, except suchas through neglect of the Governor and thegreatest part of the Magistrates the Freementhemselves do call, shall consist of the Gov-ernor, or some one chosen to moderate theCourt, and four other Magistrates at least,with the major part of the deputies of theseveral Towns legally chosen; and in case theFreemen, or major part of them, throughneglect or refusal of the Governor and majorpart of the Magistrates, shall call a Court, itshall consist of the major part of Freementhat are present or their deputiues, with aModerator chosen by them: In which saidGeneral Courts shall consist the supremepower of the Commonwealth, and they onlyshall have power to make laws or repeal them,to grant levies, to admit of Freemen, disposeof lands undisposed of, to several Towns or


persons, and also shall have power to call ei-ther Court or Magistrate or any other personwhatsoever into question for any misde-meanor, and may for just causes displace ordeal otherwise according to the nature of theoffense; and also may deal in any other mat-ter that concerns the good of this Common-wealth, except election of Magistrates, whichshall be done by the whole body of Freemen.

In which Court the Governor or Mod-erator shall have power to order the Court,to give liberty of speech, and silence unsea-sonable and disorderly speakings, to put allthings to vote, and in case the vote be equalto have the casting voice. But none of theseCourts shall be adjourned or dissolved with-out the consent of the major part of theCourt.

11. It is Ordered, sentenced, and de-creed, that when any General Court uponthe occasions of the Commonwealth haveagreed upon any sum, or sums of money tobe levied upon the several Towns within this

Jurisdiction, that a committee be chosen toset out and appoint what shall be the propor-tion of every Town to pay of the said levy,provided the committee be made up of anequal number out of each Town.

14th January 1639 the 11 Orders abovesaid are voted.

REFERENCES

1. The January 14, 1638 date was in the old style JulianCalendar, before conversion to the modern new styleGregorian Calendar.

2. “Fundamental Orders.” The Columbia Encyclopedia,Sixth Edition. Columbia University Press. 2005.

3. Lutz, Donald S.; Schechter, Stephen L.; Bernstein,Richard J. (1990). Roots of the Republic: American found-ing documents interpreted. Madison, Wis: MadisonHouse. Pp. 24. ISBN 0-945612-19-2.

4. Secretary of the State of Connecticut (2007). “STATEOF CONNECTICUT Sites Seals Symbols. The Con-necticut State Register and Manual. State of Connecticut.

5. Horton, Wesley W. (1993-06-30). The Connecticut StateConstitution: A Reference Guide. Reference guides to thestate constitutions of the United States. No. 17. West-port, Connecticut: Greenwood Press. pp. 2.

6. Taylor, John M. Roger Ludlow: The Colonial Lawmaker.G.P. Putnam’s Sons, New York, NY, 1900.

6. Fundamental Orders of Connecticut 41

The History*

The first Continental Congress met inCarpenter’s Hall in Philadelphia, from Sep-tember 5, to October 26, 1774. Carpenter’sHall was also the seat of the PennsylvaniaCongress. All of the colonies except Georgiasent delegates. These were elected by the peo-ple, by the colonial legislatures, or by thecommittees of correspondence of the respec-tive colonies. The colonies presented therewere united in a determination to show acombined authority to Great Britain, buttheir aims were not uniform at all. Pennsyl-vania and New York sent delegates with firminstructions to seek a resolution with En-gland. The other colonies’ voices were defen-sive of colonial rights, but pretty evenly di-vided between those who sought legislativeparity, and the more radical members whowere prepared for separation. Virginia’s del-egation was made up of a most even mix ofthese and, not coincidentally, presented themost eminent group of men in America:Colo. George Washington, Richard Henry

Lee, Patrick Henry, Edmund Pendelton,Colo. Benjamin Harrison, Richard Bland,and at the head of them Peyton Randolph—who would immediately be elected presidentof the convention.

The objectives of the body were not en-tirely clear but, with such leadership as wasfound there, a core set of tasks was carriedout. It was agreeable to all that the King andParliament must be made to understand thegrievances of the colonies and that the bodymust do everything possible to communicatethe same to the population of America, andto the rest of the world.

The first few weeks were consumed indiscussion and debate. The colonies had al-ways, up to this time, acted as independententities. There was much distrust to over-come. The first matter to be considered by allwas A Plan of Union of Great Britain and theColonies, offered by Joseph Galloway ofPennsylvania. The plan was considered veryattractive to most of the members, as it pro-posed a popularly elected Grand Council

which would represent the interests of the

CHAPTER 7

Declaration and Resolves of the First Continental Congress

(October 14, 1774)

Continental Congress

42

*Originally published as “First Continental Congress,” United States History, Independence Hall Association, Car-penters’ Hall, Philadelphia, Pennsylvania, 2008. For additional information see “The American Revolution,1763–1783: The Colonies Move Toward Open Rebellion, 1773–1774,” American Memory Timeline, Library of Con-gress, Washington, DC, 2003. This agency is listed in the National Resource Directory section of this volume.

colonies as a whole, and would be a conti-nental equivalent to the English Parliament.Poised against this would be a President Gen-

eral, appointed by the crown, to representthe authority of the king in America.Conflict in Boston overcame the effort atconciliation. The arrival of the SuffolkCounty (Boston) resolves just prior to thevote on the Plan of Union caused it to be dis-carded by a narrow margin.

On October 14, the Declaration andResolves established the course of the con-gress, as a statement of principles common toall of the colonies. Congress voted to meetagain the following year if these grievanceswere not attended to by England.

The Document

Declaration and Resolves of the FirstContinental Congress

Whereas, since the close of the last war,the British parliament, claiming a power, ofright, to bind the people of America bystatutes in all cases whatsoever, hath, in someacts, expressly imposed taxes on them, and inothers, under various presences, but in factfor the purpose of raising a revenue, hath im-posed rates and duties payable in thesecolonies, established a board of commission-ers, with unconstitutional powers, and ex-tended the jurisdiction of courts of admi-ralty, not only for collecting the said duties,but for the trial of causes merely arisingwithin the body of a county:

And whereas, in consequence of otherstatutes, judges, who before held only estatesat will in their offices, have been made depen-dant on the crown alone for their salaries,and standing armies kept in times of peace:And whereas it has lately been resolved inparliament, that by force of a statute, madein the thirty-fifth year of the reign of KingHenry the Eighth, colonists may be trans-ported to England, and tried there upon ac-

cusations for treasons and misprisions, orconcealments of treasons committed in thecolonies, and by a late statute, such trials havebeen directed in cases therein mentioned:

And whereas, in the last session of par-liament, three statutes were made; one enti-tled, “An act to discontinue, in such mannerand for such time as are therein mentioned,the landing and discharging, lading, or ship-ping of goods, wares and merchandise, at thetown, and within the harbour of Boston, inthe province of Massachusetts-Bay in NewEngland”; another entitled, “An act for thebetter regulating the government of the prov-ince of Massachusetts-Bay in New England;”and another entitled, “An act for the impar-tial administration of justice, in the cases ofpersons questioned for any act done by themin the execution of the law, or for the sup-pression of riots and tumults, in the prov-ince of the Massachusetts-Bay in New En-gland;” and another statute was then made,“for making more effectual provision for thegovernment of the province of Quebec, etc.”All which statutes are impolitic, unjust, andcruel, as well as unconstitutional, and mostdangerous and destructive of Americanrights:

And whereas, assemblies have been fre-quently dissolved, contrary to the rights ofthe people, when they attempted to deliber-ate on grievances; and their dutiful, humble,loyal, and reasonable petitions to the crownfor redress, have been repeatedly treated withcontempt, by his Majesty’s ministers of state:

The good people of the several coloniesof New-Hampshire, Massachusetts-Bay,Rhode Island and Providence Plantations,Connecticut, New-York, New-Jersey, Penn-sylvania, Newcastle, Kent, and Sussex onDelaware, Maryland, Virginia, North-Car-olina and South-Carolina, justly alarmed atthese arbitrary proceedings of parliament andadministration, have severally elected, consti-tuted, and appointed deputies to meet, andsit in general Congress, in the city ofPhiladelphia, in order to obtain such estab-

7. Declaration and Resolves of the First Continental Congress 43

lishment, as that their religion, laws, and lib-erties, may not be subverted: Whereupon thedeputies so appointed being now assembled,in a full and free representation of thesecolonies, taking into their most serious con-sideration, the best means of attaining theends aforesaid, do, in the first place, as Eng-lishmen, their ancestors in like cases haveusually done, for asserting and vindicatingtheir rights and liberties, DECLARE,

That the inhabitants of the Englishcolonies in North-America, by the im-mutable laws of nature, the principles of theEnglish constitution, and the several chartersor compacts, have the following RIGHTS:

Resolved, N.C.D. 1. That they are enti-tled to life, liberty and property: and theyhave never ceded to any foreign power what-ever, a right to dispose of either without theirconsent.

Resolved, N.C.D. 2. That our ancestors,who first settled these colonies, were at thetime of their emigration from the mothercountry, entitled to all the rights, liberties,and immunities of free and natural-born sub-jects, within the realm of England.

Resolved, N.C.D. 3. That by such emi-gration they by no means forfeited, surren-dered, or lost any of those rights, but thatthey were, and their descendants now are,entitled to the exercise and enjoyment of allsuch of them, as their local and other cir-cumstances enable them to exercise andenjoy.

Resolved, 4. That the foundation of En-glish liberty, and of all free government, is aright in the people to participate in their leg-islative council: and as the English colonistsare not represented, and from their local andother circumstances, cannot properly be rep-resented in the British parliament, they areentitled to a free and exclusive power of leg-islation in their several provincial legislatures,where their right of representation can alonebe preserved, in all cases of taxation and in-ternal polity, subject only to the negative oftheir sovereign, in such manner as has been

heretofore used and accustomed: But, fromthe necessity of the case, and a regard to themutual interest of both countries, we cheer-fully consent to the operation of such acts ofthe British parliament, as are bonfide, re-strained to the regulation of our externalcommerce, for the purpose of securing thecommercial advantages of the whole empireto the mother country, and the commercialbenefits of its respective members; excludingevery idea of taxation internal or external, forraising a revenue on the subjects, in Amer-ica, without their consent.

Resolved, N.C.D. 5. That the respectivecolonies are entitled to the common law ofEngland, and more especially to the great andinestimable privilege of being tried by theirpeers of the vicinage, according to the courseof that law.

Resolved, N.C.D. 6. That they are enti-tled to the benefit of such of the Englishstatutes, as existed at the time of their colo-nization; and which they have, by experience,respectively found to be applicable to theirseveral local and other circumstances.

Resolved, N.C.D. 7. That these, hisMajesty’s colonies, are likewise entitled to allthe immunities and privileges granted andconfirmed to them by royal charters, or se-cured by their several codes of provinciallaws.

Resolved, N.C.D. 8. That they have aright peaceably to assemble, consider of theirgrievances, and petition the king; and that allprosecutions, prohibitory proclamations, andcommitments for the same, are illegal.

Resolved, N.C.D. 9. That the keeping astanding army in these colonies, in times ofpeace, without the consent of the legislatureof that colony, in which such army is kept, isagainst law.

Resolved, N.C.D. 10. It is indispensablynecessary to good government, and renderedessential by the English constitution, that theconstituent branches of the legislature be in-dependent of each other; that, therefore, theexercise of legislative power in several


colonies, by a council appointed, duringpleasure, by the crown, is unconstitutional,dangerous and destructive to the freedom ofAmerican legislation.

All and each of which the aforesaiddeputies, in behalf of themselves, and theirconstituents, do claim, demand, and insist on,as their indubitable rights and liberties, whichcannot be legally taken from them, altered orabridged by any power whatever, withouttheir own consent, by their representatives intheir several provincial legislatures.

In the course of our inquiry, we findmany infringements and violations of theforegoing rights, which, from an ardent de-sire, that harmony and mutual intercourse ofaffection and interest may be restored, wepass over for the present, and proceed to statesuch acts and measures as have been adoptedsince the last war, which demonstrate a sys-tem formed to enslave America.

Resolved, N.C.D. That the followingacts of parliament are infringements and vi-olations of the rights of the colonists; andthat the repeal of them is essentially neces-sary, in order to restore harmony betweenGreat Britain and the American colonies, viz.

The several acts of Geo. III. ch. 15, andch. 34.-5 Geo. III. ch.25.-6 Geo. ch. 52.-7Geo. III. ch. 41 and ch. 46.-8 Geo. III. ch.22. which impose duties for the purpose ofraising a revenue in America, extend thepower of the admiralty courts beyond theirancient limits, deprive the American subjectof trial by jury, authorize the judgescertificate to indemnify the prosecutor fromdamages, that he might otherwise be liableto, requiring oppressive security from aclaimant of ships and goods seized, before heshall be allowed to defend his property, andare subversive of American rights.

Also 12 Geo. III. ch. 24, intituled, “Anact for the better securing his majesty’s dock-yards, magazines, ships, ammunition, andstores,” which declares a new offence inAmerica, and deprives the American subject

of a constitutional trial by jury of the vici-nage, by authorizing the trial of any person,charged with the committing any offence de-scribed in the said act, out of the realm, tobe indicted and tried for the same in any shireor county within the realm.

Also the three acts passed in the last ses-sion of parliament, for stopping the port andblocking up the harbour of Boston, for alter-ing the charter and government of Massa-chusetts-Bay, and that which is entitled, “Anact for the better administration of justice,etc.”

Also the act passed in the same sessionfor establishing the Roman Catholic religion,in the province of Quebec, abolishing the eq-uitable system of English laws, and erecting atyranny there, to the great danger (from sototal a dissimilarity of religion, law and gov-ernment) of the neighboring British colonies,by the assistance of whose blood and treasurethe said country was conquered from France.

Also the act passed in the same session,for the better providing suitable quarters forofficers and soldiers in his majesty’s service,in North-America.

Also, that the keeping a standing armyin several of these colonies, in time of peace,without the consent of the legislature of thatcolony, in which such army is kept, is againstlaw.

To these grievous acts and measures,Americans cannot submit, but in hopes theirfellow subjects in Great Britain will, on a re-vision of them, restore us to that state, inwhich both countries found happiness andprosperity, we have for the present, only re-solved to pursue the following peaceablemeasures: 1. To enter into a non-importa-tion, non-consumption, and non-exporta-tion agreement or association. 2. To preparean address to the people of Great-Britain,and a memorial to the inhabitants of BritishAmerica: and 3. To prepare a loyal address tohis majesty, agreeable to resolutions alreadyentered into.

7. Declaration and Resolves of the First Continental Congress 45

The History*

The Declaration of the Causes and Ne-cessity of Taking Up Arms was a documentissued by the Second Continental Congresson July 6, 1775, to explain why the ThirteenColonies had taken up arms in what had be-come the American Revolutionary War, andrepresents an important development in thepolitical thought that went into the Ameri-can Revolution. The final draft of the Dec-laration was written by John Dickinson, whoincorporated language from an earlier draftby Thomas Jefferson.

The Declaration describes what colonistsviewed as the unconstitutional effort by theBritish Parliament to extend its jurisdictioninto the colonies following the Seven Years’War. Objectionable policies listed in theDeclaration include taxation without repre-sentation, extended use of vice admiraltycourts, the several Coercive Acts, and the De-claratory Act. The Declaration describes howthe colonists had, for ten years, repeatedly

petitioned for the redress of their grievances,only to have their pleas ignored or rejected bythe British monarchy and government. Eventhough British troops have been sent to en-force these unconstitutional acts, the Decla-ration insists that the colonists do not yetseek independence from the British Empire,only a self-governing place within it. Theyhave taken up arms “in defence of the Free-dom that is our Birthright and which we everenjoyed until the late Violation of it,” andwill “lay them down when Hostilities shallcease on the part of the Aggressors.”

In the 19th century, the authorship ofthe Declaration was disputed. In a collectionof his works first published in 1801, JohnDickinson took credit for writing the Decla-ration. This claim went unchallenged byThomas Jefferson until many years later,when Jefferson was nearly 80 years old. Inhis autobiography, Jefferson claimed that hewrote the first draft, but Dickinson objectedthat it was too radical, and so Congress al-lowed Dickinson to write a more moderate

CHAPTER 8

Declaration of the Causes and Necessity of Taking Up Arms

( July 6, 1775)


46

*Originally published as “Declaration of the Causes and Necessity of Taking Up Arms,” Wikipedia, Wikimedia Foun-dation, Inc., San Francisco, California, October 2009. For additional information see “The American Revolution,1763–1783: First Shots of War, 1775,” American Memory Timeline, Library of Congress, Washington, DC, 2003.This agency is listed in the National Resource Directory section of this volume.

version, keeping only the last four-and-a-halfparagraphs of Jefferson’s draft. Jefferson’s ver-sion of events was accepted by historians formany years. In 1950, Julian P. Boyd, the ed-itor of Jefferson’s papers, examined the ex-tant drafts and determined that Jefferson’smemory was faulty and that Dickinsonclaimed too much credit for the final text.

According to Boyd, an initial draft wasreportedly written by John Rutledge, a mem-ber of a committee of five appointed to cre-ate the Declaration. Rutledge’s draft was notaccepted and does not survive. Jefferson andDickinson were then added to the commit-tee. Jefferson was appointed to write a draft;how much he drew upon the lost Rutledgedraft, if at all, is unknown. Jefferson then ap-parently submitted his draft to Dickinson,who suggested some changes, which Jeffer-son, for the most part, decided not to use.The result was that Dickinson rewrote theDeclaration, keeping some passages writtenby Jefferson. Contrary to Jefferson’s recollec-tion in his old age, Dickinson’s version wasnot less radical; according to Boyd, in somerespects Dickinson’s draft was more blunt.The bold statement near the end was writtenby Dickinson: “Our cause is just. Our unionis perfect. Our internal resources are great,and, if necessary, foreign assistance is un-doubtedly attainable.” The disagreement in1775 between Dickinson and Jefferson ap-pears to have been primarily a matter of style,not content.

The Document

Declaration of the Causes and Necessity of Taking Up Arms[1]

If it was possible for men, who exercisetheir reason to believe, that the divine Authorof our existence intended a part of the humanrace to hold an absolute property in, and anunbounded power over others, marked outby his infinite goodness and wisdom, as the

objects of a legal domination never rightfullyresistible, however severe and oppressive, theinhabitants of these colonies might at leastrequire from the parliament of Great-Britainsome evidence, that this dreadful authorityover them, has been granted to that body.But a reverance for our Creator, principles ofhumanity, and the dictates of common sense,must convince all those who reflect upon thesubject, that government was instituted topromote the welfare of mankind, and oughtto be administered for the attainment of thatend. The legislature of Great-Britain, how-ever, stimulated by an inordinate passion fora power not only unjustifiable, but whichthey know to be peculiarly reprobated by thevery constitution of that kingdom, anddesparate of success in any mode of contest,where regard should be had to truth, law, orright, have at length, deserting those, at-tempted to effect their cruel and impoliticpurpose of enslaving these colonies by vio-lence, and have thereby rendered it necessaryfor us to close with their last appeal from rea-son to arms.—Yet, however blinded that as-sembly may be, by their intemperate rage forunlimited domination, so to sight justice andthe opinion of mankind, we esteem ourselvesbound by obligations of respect to the rest ofthe world, to make known the justice of ourcause.

Our forefathers, inhabitants of the is-land of Great-Britain, left their native land,to seek on these shores a residence for civiland religious freedom. At the expense of theirblood, at the hazard of their fortunes, with-out the least charge to the country fromwhich they removed, by unceasing labour,and an unconquerable spirit, they effectedsettlements in the distant and unhospitablewilds of America, then filled with numerousand warlike barbarians.—Societies or gov-ernments, vested with perfect legislatures,were formed under charters from the crown,and an harmonious intercourse was estab-lished between the colonies and the kingdomfrom which they derived their origin. The

8. Declaration of the Causes and Necessity of Taking Up Arms 47

mutual benefits of this union became in ashort time so extraordinary, as to excite as-tonishment. It is universally confessed, thatthe amazing increase of the wealth, strength,and navigation of the realm, arose from thissource; and the minister, who so wisely andsuccessfully directed the measures of Great-Britain in the late war, publicly declared, thatthese colonies enabled her to triumph overher enemies.— Towards the conclusion ofthat war, it pleased our sovereign to make achange in his counsels.— From that fatalmovement, the affairs of the British empirebegan to fall into confusion, and graduallysliding from the summit of glorious prosper-ity, to which they had been advanced by thevirtues and abilities of one man, are at lengthdistracted by the convulsions, that now shakeit to its deepest foundations.—The new min-istry finding the brave foes of Britain, thoughfrequently defeated, yet still contending, tookup the unfortunate idea of granting them ahasty peace, and then subduing her faithfulfriends.

These devoted colonies were judged tobe in such a state, as to present victorieswithout bloodshed, and all the easy emolu-ments of statuteable plunder.—The uninter-rupted tenor of their peaceable and respectfulbehaviour from the beginning of coloniza-tion, their dutiful, zealous, and useful serv-ices during the war, though so recently andamply acknowledged in the most honourablemanner by his majesty, by the late king, andby parliament, could not save them from themeditated innovations.— Parliament wasinfluenced to adopt the pernicious project,and assuming a new power over them, havein the course of eleven years, given such de-cisive specimens of the spirit and conse-quences attending this power, as to leave nodoubt concerning the effects of acquiescenceunder it. They have undertaken to give andgrant our money without our consent, thoughwe have ever exercised an exclusive right todispose of our own property; statutes havebeen passed for extending the jurisdiction of

courts of admiralty and vice-admiralty be-yond their ancient limits; for depriving us ofthe accustomed and inestimable privilege oftrial by jury, in cases affecting both life andproperty; for suspending the legislature ofone of the colonies; for interdicting all com-merce to the capital of another; and for al-tering fundamentally the form of governmentestablished by charter, and secured by acts ofits own legislature solemnly confirmed by thecrown; for exempting the “murderers” ofcolonists from legal trial, and in effect, frompunishment; for erecting in a neighbouringprovince, acquired by the joint arms ofGreat-Britain and America, a despotism dan-gerous to our very existence; and for quarter-ing soldiers upon the colonists in time of pro-found peace. It has also been resolved inparliament, that colonists charged with com-mitting certain offences, shall be transportedto England to be tried.

But why should we enumerate our in-juries in detail? By one statute it is declared,that parliament can “of right make laws to

bind us in all cases whatsoever.” What is todefend us against so enormous, so unlimiteda power? Not a single man of those who as-sume it, is chosen by us; or is subject to ourcontrol or influence; but, on the contrary,they are all of them exempt from the opera-tion of such laws, and an American revenue,if not diverted from the ostensible purposesfor which it is raised, would actually lightentheir own burdens in proportion, as they in-crease ours. We saw the misery to which suchdespotism would reduce us. We for ten yearsincessantly and ineffectually besieged thethrone as supplicants; we reasoned, we re-monstrated with parliament, in the mostmild and decent language.

Administration sensible that we shouldregard these oppressive measures as freemenought to do, sent over fleets and armies to en-force them. The indignation of the Ameri-cans was roused, it is true; but it was the in-dignation of a virtuous, loyal, and affectionatepeople. A Congress of delegates from the


United Colonies was assembled at Philadel-phia, on the fifth day of last September. Weresolved again to offer an humble and duti-ful petition to the King, and also addressedour fellow-subjects of Great-Britain. We havepursued every temperate, every respectfulmeasure; we have even proceeded to breakoff our commercial intercourse with our fel-low-subjects, as the last peaceable admoni-tion, that our attachment to no nation uponearth should supplant our attachment to lib-erty.—This, we flattered ourselves, was theultimate step of the controversy: but subse-quent events have shewn, how vain was thishope of finding moderation in our enemies.

Several threatening expressions againstthe colonies were inserted in his majesty’sspeech; our petition, tho’ we were told it wasa decent one, and that his majesty had beenpleased to receive it graciously, and to prom-ise laying it before his parliament, was hud-dled into both houses among a bundle ofAmerican papers, and there neglected. Thelords and commons in their address, in themonth of February, said, that “a rebellion at

that time actually existed within the province

of Massachusetts-Bay; and that those concerned

with it, had been countenanced and encour-

aged by unlawful combinations and engage-

ments, entered into by his majesty’s subjects in

several of the other colonies; and therefore they

besought his majesty, that he would take the

most effectual measures to inforce due obedi-

ance to the laws and authority of the supreme

legislature.”—Soon after, the commercial in-tercourse of whole colonies, with foreigncountries, and with each other, was cut off byan act of parliament; by another several ofthem were intirely prohibited from thefisheries in the seas near their coasts, onwhich they always depended for their suste-nance; and large reinforcements of ships andtroops were immediately sent over to generalGage.

Fruitless were all the entreaties, argu-ments, and eloquence of an illustrious bandof the most distinguished peers, and com-

moners, who nobly and strenuously assertedthe justice of our cause, to stay, or even tomitigate the heedless fury with which theseaccumulated and unexampled outrages werehurried on.—Equally fruitless was the inter-ference of the city of London, of Bristol, andmany other respectable towns in our favor.Parliament adopted an insidious manoeuvrecalculated to divide us, to establish a perpet-ual auction of taxations where colony shouldbid against colony, all of them uninformedwhat ransom would redeem their lives; andthus to extort from us, at the point of thebayonet, the unknown sums that should besufficient to gratify, if possible to gratify,ministerial rapacity, with the miserable in-dulgence left to us of raising, in our ownmode, the prescribed tribute. What termsmore rigid and humiliating could have beendictated by remorseless victors to conqueredenemies? In our circumstances to acceptthem, would be to deserve them.

Soon after the intelligence of these pro-ceedings arrived on this continent, generalGage, who in the course of the last year hadtaken possession of the town of Boston, inthe province of Massachusetts-Bay, and stilloccupied it a garrison, on the 19th day ofApril, sent out from that place a large de-tachment of his army, who made an unpro-voked assault on the inhabitants of the saidprovince, at the town of Lexington, as ap-pears by the affidavits of a great number ofpersons, some of whom were officers and sol-diers of that detachment, murdered eight ofthe inhabitants, and wounded many others.From thence the troops proceeded in warlikearray to the town of Concord, where they setupon another party of the inhabitants of thesame province, killing several and woundingmore, until compelled to retreat by the coun-try people suddenly assembled to repel thiscruel aggression. Hostilities, thus com-menced by the British troops, have been sinceprosecuted by them without regard to faithor reputation.—The inhabitants of Bostonbeing confined within that town by the gen-


eral their governor, and having, in order toprocure their dismission, entered into a treatywith him, it was stipulated that the said in-habitants having deposited their arms withtheir own magistrate, should have liberty todepart, taking with them their other effects.They accordingly delivered up their arms, butin open violation of honour, in defiance ofthe obligation of treaties, which even savagenations esteemed sacred, the governor or-dered the arms deposited as aforesaid, thatthey might be preserved for their owners, tobe seized by a body of soldiers; detained thegreatest part of the inhabitants in the town,and compelled the few who were permittedto retire, to leave their most valuable effectsbehind.

By this perfidy wives are separated fromtheir husbands, children from their parents,the aged and the sick from their relations andfriends, who wish to attend and comfortthem; and those who have been used to livein plenty and even elegance, are reduced todeplorable distress.

The general, further emulating his min-isterial masters, by a proclamation bearingdate on the 12th day of June, after venting thegrossest falsehoods and calumnies against thegood people of these colonies, proceeds to“declare them all, either by name or description,

to be rebels and traitors, to supersede the course

of the common law, and instead thereof to pub-

lish and order the use and exercise of the law

martial.”— His troops have butchered ourcountrymen, have wantonly burnt Charles-town, besides a considerable number ofhouses in other places; our ships and vesselsare seized; the necessary supplies of provi-sions are intercepted, and he is exerting hisutmost power to spread destruction and dev-astation around him.

We have received certain intelligence,that general Carelton [Carleton], the gover-nor of Canada, is instigating the people ofthat province and the Indians to fall uponus; and we have but too much reason to ap-prehend, that schemes have been formed to

excite domestic enemies against us. In brief,a part of these colonies now feel, and all ofthem are sure of feeling, as far as the vengeanceof administration can inflict them, the com-plicated calamities of fire, sword and famine.We[2] are reduced to the alternative of chus-ing an unconditional submission to thetyranny of irritated ministers, or resistanceby force.— The latter is our choice.— Wehave counted the cost of this contest, andfind nothing so dreadful as voluntary slav-ery.—Honour, justice, and humanity, forbidus tamely to surrender that freedom whichwe received from our gallant ancestors, andwhich our innocent posterity have a right toreceive from us. We cannot endure the in-famy and guilt of resigning succeeding gen-erations to that wretchedness which in-evitably awaits them, if we basely entailhereditary bondage upon them.

Our cause is just. Our union is perfect.Our internal resources are great, and, if nec-essary, foreign assistance is undoubtedly at-tainable.— We gratefully acknowledge, assignal instances of the Divine favour towardsus, that his Providence would not permit usto be called into this severe controversy, untilwe were grown up to our present strength,had been previously exercised in warlike op-eration, and possessed of the means of de-fending ourselves. With hearts fortified withthese animating reflections, we mostsolemnly, before God and the world, declare,that, exerting the utmost energy of thosepowers, which our beneficent Creator hathgraciously bestowed upon us, the arms wehave been compelled by our enemies to as-sume, we will, in defiance of every hazard,with unabating firmness and perseverence,employ for the preservation of our liberties;being with one mind resolved to die freemenrather than to live slaves.

Lest this declaration should disquiet theminds of our friends and fellow-subjects inany part of the empire, we assure them thatwe mean not to dissolve that union whichhas so long and so happily subsisted between


us, and which we sincerely wish to see re-stored.—Necessity has not yet driven us intothat desperate measure, or induced us to ex-cite any other nation to war against them.—We have not raised armies with ambitiousdesigns of separating from Great-Britain, andestablishing independent states. We fight notfor glory or for conquest. We exhibit tomankind the remarkable spectacle of a peo-ple attacked by unprovoked enemies, with-out any imputation or even suspicion of of-fence. They boast of their privileges andcivilization, and yet proffer no milder condi-tions than servitude or death.

In our own native land, in defence ofthe freedom that is our birthright, and whichwe ever enjoyed till the late violation of it—for the protection of our property, acquiredsolely by the honest industry of our fore-fa-thers and ourselves, against violence actually

offered, we have taken up arms. We shall laythem down when hostilities shall cease on thepart of the aggressors, and all danger of theirbeing renewed shall be removed, and not be-fore.

With an humble confidence in the mer-cies of the supreme and impartial Judge andRuler of the Universe, we most devoutly im-plore his divine goodness to protect us hap-pily through this great conflict, to disposeour adversaries to reconciliation on reason-able terms, and thereby to relieve the empirefrom the calamities of civil war.

REFERENCES

1. Primarily the work of Thomas Jefferson and John Dick-inson. p. 168 Morison, Samuel Eliot, Henry Steele Com-mager, and William E. Leuchtenburg. The Growth of theAmerican Republic: Volume 1. Seventh Edition. NewYork: Oxford University Press; 1980. (Note added by theAvalon Project).

2. From this point the declaration follows Jefferson’s draft.


The History*The Virginia Declaration of Rights is a

document drafted in 1776 to proclaim theinherent natural rights of men, including theright to rebel against “inadequate” govern-ment. It influenced a number of later docu-ments, including the United States Declara-tion of Independence (1776), the UnitedStates Bill of Rights (1789), and the FrenchRevolution’s Declaration of the Rights ofMan and of the Citizen (1789). The Decla-ration was adopted unanimously by the Vir-ginia Convention of Delegates on June 12,1776 as a separate document from the Con-stitution of Virginia adopted on June 29,1776.[1] It was later incorporated within theVirginia State Constitution as Article I, anda slightly updated version may still be seen inVirginia’s Constitution, making it legally ineffect to this day.

It was initially drafted by George Masonca. May 20–26, 1776, and later amended byThomas Ludwell Lee and the Convention toadd Section 14 on the right to uniform gov-ernment. Mason based his document on therights of citizens described in earlier works

such as the English Bill of Rights (1689), andthe Declaration can be considered the firstmodern Constitutional protection of indi-vidual rights for citizens of North America.It rejected the notion of privileged politicalclasses or hereditary offices such as the mem-bers of Parliament and House of Lords de-scribed in the English Bill of Rights.

The Declaration consists of sixteen ar-ticles on the subject of which rights “pertainto [the people of Virginia] ... as the basis andfoundation of Government.”[1] In addition toaffirming the inherent nature of natural rightsto life, liberty, and property, the Declarationboth describes a view of Government as theservant of the people, and enumerates vari-ous restrictions on governmental power.Thus, the document is unusual in that it notonly prescribes legal rights, but it also de-scribes moral principles upon which a gov-ernment should be run.[2]

The Virginia Declaration of Rightsheavily influenced later documents. ThomasJefferson is thought to have drawn on it whenhe drafted the United States Declaration ofIndependence one month later ( July 1776).

CHAPTER 9

Virginia Declaration of Rights( June 12, 1776)

House of Burgesses

52

*Originally published as “Virginia Declaration of Rights,” Wikipedia, Wikimedia Foundation, Inc., San Francisco,California, November 2009. For additional information see “The Virginia Declaration of Rights,” American Trea-surers of the Library of Congress, Library of Congress, Washington, DC, 2002. This agency is listed in the NationalResource Directory section of this volume.

James Madison was also influenced by theDeclaration while drafting the Bill of Rights(completed September 1787, approved 1789),as was the Marquis de Lafayette in voting theFrench Revolution’s Declaration of theRights of Man and of the Citizen (1789).

The importance of the Virginia Decla-ration of Rights is that it was the first consti-tutional protection of individual rights,rather than protecting just members of Par-liament or consisting of simple laws that canbe changed as easily as passed.

The Document

Virginia Declaration of Rights

I. That all men are by nature equallyfree and independent, and have certain in-herent rights, of which, when they enter intoa state of society, they cannot, by any com-pact, deprive or divest their posterity; namely,the enjoyment of life and liberty, with themeans of acquiring and possessing property,and pursuing and obtaining happiness andsafety.

II. That all power is vested in, and con-sequently derived from, the people; thatmagistrates are their trustees and servants,and at all times amenable to them.

III. That government is, or ought to be,instituted for the common benefit, protec-tion, and security of the people, nation orcommunity; of all the various modes andforms of government that is best, which iscapable of producing the greatest degree ofhappiness and safety and is most effectuallysecured against the danger of maladministra-tion; and that, whenever any governmentshall be found inadequate or contrary to thesepurposes, a majority of the community hathan indubitable, unalienable, and indefeasi-ble right to reform, alter or abolish it, in suchmanner as shall be judged most conducive tothe public weal.

IV. That no man, or set of men, are en-

titled to exclusive or separate emoluments orprivileges from the community, but in con-sideration of public services; which, notbeing descendible, neither ought the officesof magistrate, legislator, or judge be heredi-tary.

V. That the legislative and executivepowers of the state should be separate anddistinct from the judicative; and, that themembers of the two first may be restrainedfrom oppression by feeling and participatingthe burthens of the people, they should, atfixed periods, be reduced to a private station,return into that body from which they wereoriginally taken, and the vacancies be sup-plied by frequent, certain, and regular elec-tions in which all, or any part of the formermembers, to be again eligible, or ineligible,as the laws shall direct.

VI. That elections of members to serveas representatives of the people in assemblyought to be free; and that all men, havingsufficient evidence of permanent common in-terest with, and attachment to, the commu-nity have the right of suffrage and cannot betaxed or deprived of their property for pub-lic uses without their own consent or that oftheir representatives so elected, nor bound byany law to which they have not, in like man-ner, assented, for the public good.

VII. That all power of suspending laws,or the execution of laws, by any authoritywithout consent of the representatives of thepeople is injurious to their rights and oughtnot to be exercised.

VIII. That in all capital or criminalprosecutions a man hath a right to demandthe cause and nature of his accusation to beconfronted with the accusers and witnesses,to call for evidence in his favor, and to aspeedy trial by an impartial jury of his vici-nage, without whose unanimous consent hecannot be found guilty, nor can he be com-pelled to give evidence against himself ; thatno man be deprived of his liberty except bythe law of the land or the judgement of hispeers.

9. Virginia Declaration of Rights 53

IX. That excessive bail ought not to berequired, nor excessive fines imposed; norcruel and unusual punishments inflicted.

X. That general warrants, whereby anyofficer or messenger may be commanded tosearch suspected places without evidence ofa fact committed, or to seize any person orpersons not named, or whose offense is notparticularly described and supported by evi-dence, are grievous and oppressive and oughtnot to be granted.

XI. That in controversies respectingproperty and in suits between man and man,the ancient trial by jury is preferable to anyother and ought to be held sacred.

XII. That the freedom of the press isone of the greatest bulwarks of liberty andcan never be restrained but by despotic gov-ernments.

XIII. That a well regulated militia,composed of the body of the people, trainedto arms, is the proper, natural, and safe de-fense of a free state; that standing armies, intime of peace, should be avoided as danger-ous to liberty; and that, in all cases, the mil-itary should be under strict subordination to,and be governed by, the civil power.

XIV. That the people have a right to

uniform government; and therefore, that nogovernment separate from, or independentof, the government of Virginia, ought to beerected or established within the limitsthereof.

XV. That no free government, or theblessings of liberty, can be preserved to anypeople but by a firm adherence to justice,moderation, temperance, frugality, andvirtue and by frequent recurrence to funda-mental principles.

XVI. That religion, or the duty whichwe owe to our Creator and the manner ofdischarging it, can be directed by reason andconviction, not by force or violence; andtherefore, all men are equally entitled to thefree exercise of religion, according to the dic-tates of conscience; and that it is the mutualduty of all to practice Christian forbearance,love, and charity towards each other.

Adopted unanimously June 12, 1776Virginia Convention of Delegates drafted byMr. George Mason.

REFERENCES1. Preamble, Virginia Declaration of Rights.2. Lieberman, Jethro (1987). The Enduring Constitution: A

Bicentennial Perspective. West Publishing Co., p. 28.


The History*

Since its creation in 1776, the Declara-tion of Independence has been consideredthe single most important expression of theideals of U.S. democracy. As a statement ofthe fundamental principles of the UnitedStates, the Declaration is an enduring re-minder of the country’s commitment to pop-ular government and equal rights for all.

The Declaration of Independence is aproduct of the early days of the Revolution-ary War. On July 2, 1776, the Second Con-tinental Congress — the legislature of theAmerican colonies—voted for independencefrom Great Britain. It then appointed a com-mittee of five — John Adams, BenjaminFranklin, Thomas Jefferson, Roger Sherman,and Robert R. Livingston—to draft a for-mal statement of independence designed toinfluence public opinion at home andabroad. Because of his reputation as an elo-quent and forceful writer, Jefferson was as-signed the task of creating the document, andthe final product is almost entirely his ownwork. The Congress did not approve all ofJefferson’s original draft, however, rejecting

most notably his denunciation of the slavetrade. Delegates from South Carolina andGeorgia were not yet ready to extend the no-tion of inalienable rights to African Ameri-cans.

On July 4, 1776, the day of birth for thenew country, the Continental Congress ap-proved the Declaration of Independence onbehalf of the people living in the Americancolonies. The Declaration served a number ofpurposes for the newly formed United States.With regard to the power politics of the day,it functioned as a propaganda statement in-tended to build support for American inde-pendence abroad, particularly in France,from which the Americans hoped to havesupport in their struggle for independence.Similarly, it served as a clear message of in-tention to the British. Even more importantfor the later Republic of the United States, itfunctioned as a statement of governmentalideals.

In keeping with its immediate diplo-matic purposes, most of the Declaration con-sists of a list of 30 grievances against acts ofthe British monarch George III. Many ofthese were traditional and legitimate griev-

CHAPTER 10

Declaration of Independence( July 4, 1776)


55

*Originally published as “Declaration of Independence—Further Readings,” American Law and Legal Encyclope-dia, Net Industries, LLC, Savoy, Illinois, 2009. For additional information see “The History of the Declaration ofIndependence,” The Charters of Freedom, U.S. National Archives and Records Administration, College Park, Mary-land, 2004. This agency is listed in the National Resource Directory section of this volume.

ances under British Constitutional Law. TheDeclaration firmly announces that British ac-tions had established “an absolute Tyrannyover these States.” Britain’s acts of despot-ism, according to the Declaration’s list, in-cluded taxation of Americans without repre-sentation in Parliament; imposition ofstanding armies on American communities;establishment of the military above the civilpower; obstruction of the right to trial byjury; interference with the operation of co-lonial legislatures; and cutting off of tradewith the rest of the world. The Declarationends with the decisive resolution that “theseUnited Colonies are, and of Right ought tobe Free and Independent States; that they areAbsolved from all Allegiance to the BritishCrown, and that all political connection be-tween them and the State of Great Britain, isand ought to be totally dissolved.”

The first sentences of the document andtheir statement of political ideals have re-mained the Declaration’s most memorableand influential section.

Ever since their creation, these ideas haveguided the development of U.S. government,including the creation of the U.S. Constitu-tion in 1787. The concepts of equal and in-alienable rights for all, limited government,popular consent, and freedom to rebel havehad a lasting effect on U.S. law and politics.

The Document

Declaration of Independence[1][2]

When in the course of human events, itbecomes necessary for one people to dissolvethe political bands which have connectedthem with another, and to assume among thepowers of the earth, the separate and equalstation to which the laws of nature and ofnature’s God entitle them, a decent respect tothe opinions of mankind requires that theyshould declare the causes which impel themto the separation.

We hold these truths to be self-evident:That all men are created equal; that they

are endowed by their Creator with certainunalienable rights; that among these are life,liberty, and the pursuit of happiness; that, tosecure these rights, governments are insti-tuted among men, deriving their just powersfrom the consent of the governed; that when-ever any form of government becomes de-structive of these ends, it is the right of thepeople to alter or to abolish it, and to insti-tute new government, laying its foundationon such principles, and organizing its pow-ers in such form, as to them shall seem mostlikely to effect their safety and happiness.Prudence, indeed, will dictate that govern-ments long established should not bechanged for light and transient causes; andaccordingly all experience hath shown thatmankind are more disposed to suffer, whileevils are sufferable than to right themselves byabolishing the forms to which they are accus-tomed. But when a long train of abuses andusurpations, pursuing invariably the sameobject, evinces a design to reduce them underabsolute despotism, it is their right, it is theirduty, to throw off such government, and toprovide new guards for their future security.Such has been the patient sufferance of thesecolonies; and such is now the necessity whichconstrains them to alter their former systemsof government. The history of the presentKing of Great Britain is a history of repeatedinjuries and usurpations, all having in directobject the establishment of an absolutetyranny over these states. To prove this, letfacts be submitted to a candid world.

He has refused his assent to laws, themost wholesome and necessary for the pub-lic good.

He has forbidden his governors to passlaws of immediate and pressing importance,unless suspended in their operation till hisassent should be obtained; and, when so sus-pended, he has utterly neglected to attend tothem.

He has refused to pass other laws for the


accommodation of large districts of people,unless those people would relinquish theright of representation in the legislature, aright inestimable to them, and formidable totyrants only.

He has called together legislative bodiesat places unusual uncomfortable, and distantfrom the depository of their public records,for the sole purpose of fatiguing them intocompliance with his measures.

He has dissolved representative housesrepeatedly, for opposing, with manly firm-ness, his invasions on the rights of the peo-ple.

He has refused for a long time, aftersuch dissolutions, to cause others to beelected; whereby the legislative powers, inca-pable of annihilation, have returned to thepeople at large for their exercise; the state re-maining, in the mean time, exposed to allthe dangers of invasions from without andconvulsions within.

He has endeavored to prevent the pop-ulation of these states; for that purpose ob-structing the laws for naturalization of for-eigners; refusing to pass others to encouragetheir migration hither, and raising the con-ditions of new appropriations of lands.

He has obstructed the administration ofjustice, by refusing his assent to laws for es-tablishing judiciary powers.

He has made judges dependent on hiswill alone, for the tenure of their offices, andthe amount and payment of their salaries.

He has erected a multitude of newoffices, and sent hither swarms of officers toharass our people and eat out their substance.

He has kept among us, in times ofpeace, standing armies, without the consentof our legislatures.

He has affected to render the militaryindependent of, and superior to, the civilpower.

He has combined with others to subjectus to a jurisdiction foreign to our Constitutionand unacknowledged by our laws, giving hisassent to their acts of pretended legislation:

For quartering large bodies of armedtroops among us;

For protecting them, by a mock trial,from punishment for any murders which theyshould commit on the inhabitants of thesestates;

For cutting off our trade with all partsof the world;

For imposing taxes on us without ourconsent;

For depriving us, in many cases, of thebenefits of trial by jury;

For transporting us beyond seas, to betried for pretended offenses;

For abolishing the free system of En-glish laws in a neighboring province, estab-lishing therein an arbitrary government, andenlarging its boundaries, so as to render it atonce an example and fit instrument for intro-ducing the same absolute rule into thesecolonies;

For taking away our charters, abolishingour most valuable laws, and altering funda-mentally the forms of our governments;

For suspending our own legislatures,and declaring themselves invested withpower to legislate for us in all cases whatso-ever.

He has abdicated government here, bydeclaring us out of his protection and wag-ing war against us.

He has plundered our seas, ravaged ourcoasts, burned our towns, and destroyed thelives of our people.

He is at this time transporting largearmies of foreign mercenaries to complete theworks of death, desolation, and tyranny al-ready begun with circumstances of crueltyand perfidy scarcely paralleled in the mostbarbarous ages, and totally unworthy thehead of a civilized nation.

He has constrained our fellow-citizens,taken captive on the high seas, to bear armsagainst their country, to become the execu-tioners of their friends and brethren, or tofall themselves by their hands.

He has excited domestic insurrection

10. Declaration of Independence 57

among us, and has endeavored to bring onthe inhabitants of our frontiers the mercilessIndian savages, whose known rule of warfareis an undistinguished destruction of all ages,sexes, and conditions.

In every stage of these oppressions wehave petitioned for redress in the most hum-ble terms; our repeated petitions have beenanswered only by repeated injury. A prince,whose character is thus marked by every actwhich may define a tyrant, is unfit to be theruler of a free people.

Nor have we been wanting in our atten-tions to our British brethren. We have warnedthem, from time to time, of attempts by theirlegislature to extend an unwarrantable juris-diction over us. We have reminded them ofthe circumstances of our emigration and set-tlement here. We have appealed to their na-tive justice and magnanimity; and we haveconjured them, by the ties of our commonkindred, to disavow these usurpations whichwould inevitably interrupt our connectionsand correspondence. They too, have beendeaf to the voice of justice and of consan-guinity. We must, therefore, acquiesce in thenecessity which denounces our separation,and hold them as we hold the rest ofmankind, enemies in war, in peace friends.

We, therefore, the representatives of theUnited States of America, in General Con-gress assembled, appealing to the SupremeJudge of the world for the rectitude of our in-tentions, do, in the name and by the author-ity of the good people of these coloniessolemnly publish and declare, That these

United Colonies are, and of right ought tobe, FREE AND INDEPENDENT STATES; thatthey are absolved from all allegiance to theBritish crown and that all political connec-tion between them and the state of GreatBritain is, and ought to be, totally dissolved;and that, as free and independent states, theyhave full power to levy war, conclude peace,contract alliances, establish commerce, anddo all other acts and things which independ-ent states may of right do. And for the sup-port of this declaration, with a firm relianceon the protection of Divine Providence, wemutually pledge to each other our lives, ourfortunes, and our sacred honor.

—[Signed by] JOHN HANCOCK[President]

REFERENCES

1. Mr. Ferdinand Jefferson, Keeper of the Rolls in the De-partment of State, at Washington, says: “The names ofthe signers are spelt above as in the facsimile of the orig-inal, but the punctuation of them is not always the same;neither do the names of the States appear in the facsim-ile of the original. The names of the signers of each Stateare grouped together in the facsimile of the original, ex-cept the name of Matthew Thornton, which follows thatof Oliver Wolcott.”—Revised Statutes of the UnitedStates, 2d edition, 1878, p. 6.

2. The first local government in the American colonies todeclare its independence from Great Britain was Meck-lenburg County, North Carolina, on May 20, 1775. Thecounty declared its independence from Great Britainimmediately after the Battle of Lexington, in what isnow called the Commonwealth of Massachusetts. Ad-ditional information concerning the “Mecklenburg Dec-laration of Independence” can be found on the Libraryof Congress website, which is listed in the National Re-source Directory section of this volume. Because of itssignificance, this document is shown in its entirety in theAppendix of this volume under the heading “Local Gov-ernment Historical Document.”


The History*The Constitution of the Common-

wealth of Massachusetts is the fundamentalgoverning document of the Commonwealthof Massachusetts, one of the 50 individualstate governments that make up the UnitedStates of America. It was drafted by JohnAdams, Samuel Adams, and James Bowdoinduring the Massachusetts ConstitutionalConvention between September 1 and Octo-ber 30, 1779. Following approval by townmeetings, the Constitution was ratified onJune 15, 1780, became effective on October25, 1780, and remains the oldest functioningwritten constitution in continuous effect inthe world.

The Massachusetts Constitution was thelast of the first set of the state constitutionsto be written. Consequently, it was more so-phisticated than many of the other docu-ments. Among the improvements was thestructure of the document itself ; instead ofjust a listing of provisions, it had a structureof chapters, sections, and articles. This struc-ture was replicated by the U.S. Constitution.It also had substantial influence on the sub-

sequent revisions of many of the other stateconstitutions. The Massachusetts Constitu-tion has four parts: a preamble, a declarationof rights, a description of the framework ofgovernment, and articles of amendment.

The constitutional conventional pio-neered by Massachusetts became a crucialcomponent of the ratification processthrough which the United States Constitu-tion was accepted by the states, includingMassachusetts, in the 1780s.

The Document

Massachusetts Constitution

PREAMBLE

The end of the institution, mainte-nance, and administration of government isto secure the existence of the body-politic, toprotect it, and to furnish the individuals whocompose it with the power of enjoying, insafety and tranquillity, their natural rightsand the blessings of life; and whenever thesegreat objects are not obtained the people have

CHAPTER 11

Constitution of Massachusetts( June 15, 1780)

State Constitutional Convention Representatives

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*Originally published as “Massachusetts Constitution,” Wikipedia, Wikimedia Foundation, Inc., San Francisco, Cal-ifornia, November 2009. For additional information see “John Adams and the Massachusetts Constitution,” Edu-cation Resource Center Report, Supreme Judicial Court, Commonwealth of Massachusetts, Boston, Massachusetts,2007. This agency is listed in the National Resource Directory section of this volume.

a right to alter the government, and to takemeasures necessary for their safety, prosper-ity, and happiness.

The body politic is formed by a volun-tary association of individuals; it is a socialcompact by which the whole people covenantswith each citizen and each citizen with thewhole people that all shall be governed bycertain laws for the common good. It is theduty of the people, therefore, in framing aconstitution of government, to provide foran equitable mode of making laws, as well asfor an impartial interpretation and a faithfulexecution of them; that every man may, at alltimes, find his security in them.

We, therefore, the people of Massachu-setts, acknowledging, with grateful hearts,the goodness of the great Legislator of theuniverse, in affording us, in the course of Hisprovidence, an opportunity, deliberately andpeaceably, without fraud, violence, or sur-prise, of entering into an original, explicit,and solemn compact with each other, and offorming a new constitution of civil govern-ment for ourselves and posterity; and de-voutly imploring His direction in so interest-ing a design, do agree upon, ordain, andestablish the following declaration of rightsand frame of government as the constitutionof the commonwealth of Massachusetts.

PART THE FIRST

A Declaration of the Rights of the In-habitants of the Commonwealth of Massa-chusetts.

Article I. All men are born free andequal, and have certain natural, essential, andunalienable rights; among which may bereckoned the right of enjoying and defend-ing their lives and liberties; that of acquiring,possessing, and protecting property; in fine,that of seeking and obtaining their safety andhappiness.

Art. II. It is the right as well as the dutyof all men in society, publicly and at statedseasons, to worship the Supreme Being, thegreat Creator and Preserver of the universe.

And no subject shall be hurt, molested, orrestrained, in his person, liberty, or estate,for worshipping God in the manner and sea-son most agreeable to the dictates of his ownconscience, or for his religious profession orsentiments, provided he doth not disturb thepublic peace or obstruct others in their reli-gious worship.

Art. III. As the happiness of a peopleand the good order and preservation of civilgovernment essentially depend upon piety,religion, and morality, and as these cannotbe generally diffused through a communitybut by the institution of the public worshipof God and of the public instructions inpiety, religion, and morality: Therefore, Topromote their happiness and to secure thegood order and preservation of their govern-ment, the people of this commonwealth havea right to invest their legislature with powerto authorize and require, and the legislatureshall, from time to time, authorize and re-quire, the several towns, parishes, precincts,and other bodies-politic or religious societiesto make suitable provision, at their own ex-pense, for the institution of the public wor-ship of God and for the support and main-tenance of public Protestant teachers of piety,religion, and morality in all cases where suchprovision shall not be made voluntarily.

And the people of this commonwealthhave also a right to, and do, invest their leg-islature with authority to enjoin upon all thesubject an attendance upon the instructionsof the public teachers aforesaid, at statedtimes and seasons, if there be any on whoseinstructions they can conscientiously andconveniently attend.

Provided, notwithstanding, That the sev-eral towns, parishes, precincts, and otherbodies-politic, or religious societies, shall atall times have the exclusive right and elect-ing their public teachers and of contractingwith them for their support and mainte-nance.

And all moneys paid by the subject tothe support of public worship and of public


teachers aforesaid shall, if he require it, beuniformly applied to the support of the pub-lic teacher or teachers of his own religioussect or denomination, provided there be anyon whose instructions he attends; otherwiseit may be paid toward the support of theteacher or teachers of the parish or precinctin which the said moneys are raised.

And every denomination of Christians,demeaning themselves peaceably and as goodsubjects of the commonwealth, shall be equallyunder the protection of the law; and no sub-ordination of any sect or denomination toanother shall ever be established by law.

Art. IV. The people of this common-wealth have the sole and exclusive right ofgoverning themselves as a free, sovereign, andindependent State, and do, and forever here-after shall, exercise and enjoy every power,jurisdiction, and right which is not, or maynot hereafter be, by them expressly delegatedto the United States of America in Congressassembled.

Art. V. All power residing originally inthe people, and being derived from them, theseveral magistrates and officers of governmentvested with authority, whether legislative, ex-ecutive, or judicial, are the substitutes andagents, and are at all times accountable tothem.

Art. VI. No man nor corporation or as-sociation of men have any other title to ob-tain advantages, or particular and exclusiveprivileges distinct from those of the commu-nity, than what rises from the considerationof services rendered to the public, and thistitle being in nature neither hereditary nortransmissible to children or descendants orrelations by blood; the idea of a man born amagistrate, lawgiver, or judge is absurd andunnatural.

Art. VII. Government is instituted forthe common good, for the protection, safety,prosperity, and happiness of the people, andnot for the profit, honor, or private interestof any one man, family, or class of men;therefore the people alone have an incon-

testable, unalienable, and indefeasible rightto institute government, and to reform, alter,or totally change the same when their protec-tion, safety, prosperity, and happiness requireit.

Art. VIII. In order to prevent those whoare vested with authority from becoming op-pressors, the people have a right at such pe-riods and in such manner as they shall estab-lish by their frame of government, to causetheir public officers to return to private life;and to fill up vacant places by certain andregular elections and appointments.

Art. IX. All elections ought to be free;and all the inhabitants of this common-wealth, having such qualifications as theyshall establish by their frame of government,have an equal right to elect officers, and to beelected, for public employments.

Art. X. Every individual of the societyhas a right to be protected by it in the enjoy-ment of his life, liberty, and property, ac-cording to standing laws. He is obliged, con-sequently, to contribute his share to expenseof this protection; to give his personal serv-ice, or an equivalent, when necessary; but nopart of the property of any individual can,with justice, be taken from him, or appliedto public uses, without his own consent, orthat of the representative body of the people.In fine, the people of this commonwealth arenot controllable by any other laws than thoseto which their constitutional representativebody have given their consent. And wheneverthe public exigencies require that the prop-erty of any individual should be appropri-ated to public uses, he shall receive a reason-able compensation therefor.

Art. XI. Every subject of the common-wealth ought to find a certain remedy, byhaving recourse to the laws, for all injuries orwrongs which he may receive in his person,property, or character. He ought to obtainright and justice freely, and without beingobliged to purchase it; completely, and with-out any denial; promptly, and without delay,conformably to the laws.

11. Constitution of Massachusetts 61

Art. XII. No subject shall be held to an-swer for any crimes or no offence until thesame if fully and plainly, substantially andformally, described to him; or be compelledto accuse, or furnish evidence against him-self ; and every subject shall have a right toproduce all proofs that may be favorable tohim; to meet the witnesses against him faceto face, and to be fully heard in his defenceby himself, or his counsel at his election. Andno subject shall be arrested, imprisoned, de-spoiled, or deprived of his property, immu-nities, or privileges, put out of the protectionof the law, exiled or deprived of his life, lib-erty, or estate, but by the judgment of hispeers, or the law of the land.

And the legislature shall not make anylaw that shall subject any person to a capitalor infamous punishment, excepting for thegovernment of the army and navy, withouttrial by jury.

Art. XIII. In criminal prosecutions, theverification of facts, in the vicinity where theyhappen, is one of the greatest securities of thelife, liberty, and property of the citizen.

Art. XIV. Every subject has a right to besecure from all unreasonable searches andseizures of his person, his houses, his papers,and all his possessions. All warrants, there-fore, are contrary to this right, if the cause orfoundation of them be not previously sup-ported by oath or affirmation, and if theorder in the warrant to a civil officer, to makesearch in suspected places, or to arrest one ormore suspected persons, or to seize theirproperty, be not accompanied with a specialdesignation of the persons or objects ofsearch, arrest, or seizure; and no warrantought to be issued but in cases, and with theformalities, prescribed by the laws.

Art. XV. In all controversies concerningproperty, and in all suits between two ormore persons, except in cases in which it hasheretofore been otherways used and prac-tised, the parties have a right to a trial byjury; and this method of procedure shall beheld sacred, unless, in causes arising on the

high seas, and such as relate to mariners’wages, the legislature shall hereafter find itnecessary to alter it.

Art. XVI. The liberty of the press is es-sential to the security of freedom in a State;it ought not, therefore, to be restrained inthis commonwealth.

Art. XVII. The people have a right tokeep and to bear arms for the common de-fence. And as, in time of peace, armies aredangerous to liberty, they ought not to bemaintained without the consent of the legis-lature; and the military power shall alwaysbe held in an exact subordination to the civilauthority and be governed by it.

Art. XVIII. A frequent recurrence to thefundamental principles of the constitution,and a constant adherence to those of piety,justice, moderation, temperance, industry,and frugality, are absolutely necessary to pre-serve the advantages of liberty and to main-tain a free government. The people ought,consequently, to have a particular attention toall those principles, in the choice of theirofficers and representatives; and they have aright to require of their lawgivers and mag-istrates an exact and constant observation ofthem, in the formation and execution of thelaws necessary for the good administrationof the commonwealth.

Art. XIX. The people have a right, in anorderly and peaceable manner, to assembleto consult upon the common good; give in-structions to their representatives, and to re-quest of the legislative body, by the way ofaddresses, petitions, or remonstrances, redressof the wrongs done them, and of the griev-ances they suffer.

Art. XX. The power of suspending thelaws, or the execution of the laws, oughtnever to be exercised but by the legislature,or by authority derived from it, to be exer-cised in such particular cases only as the leg-islature shall expressly provide for.

Art. XXI. The freedom of deliberation,speech, and debate, in either house of thelegislature, is so essential to the rights of the


people, that it cannot be the foundation ofany accusation or prosecution, action orcomplaint, in any other court of place what-soever.

Art. XXII. The legislature ought fre-quently to assemble for address of grievances,for correcting, strengthening, and confirmingthe laws, and for making new laws, as thecommon good may require.

Art. XXIII. No subsidy, charge, tax, im-post, or duties, ought to be established, fixed,laid, or levied, under any pretext whatsoever,without the consent of the people, or theirrepresentatives in the legislature.

Art. XXIV. Laws made to punish for ac-tions done before the existence of such laws,and which have not been declared crimes bypreceding laws, are unjust, oppressive, andinconsistent with the fundamental principlesof a free government.

Art. XXV. No subject ought, in anycase, or in any time, to be declared guilty oftreason or felony by the legislature.

Art. XXVI. No magistrate or court oflaw shall demand excessive bail or sureties,impose excessive fines, or inflict cruel or un-usual punishments.

Art. XXVII. In time of peace, no soldierought to be quartered in any house withoutthe consent of the owner; and in time of war,such quarters ought not be made but by thecivil magistrate, in a manner ordained by thelegislature.

Art. XXVIII. No person can in any casebe subjected to law-martial, or to any penal-ties or pains, by virtue of that law, exceptthose employed in the army or navy, and ex-cept the militia in actual service, but by au-thority of the legislature.

Art. XXIX. It is essential to the preser-vation of the rights of every individual, hislife, liberty, property, and character, thatthere be an impartial interpretation of thelaws, and administration of justice. It is theright of every citizen to be tried by judges asfree, impartial, and independent as the lot ofhumanity will admit. It is, therefore, not

only the best policy, but for the security ofthe rights of the people, and of every citizen,that the judges of the supreme judicial courtshould hold their offices as long as they be-have themselves well, and that they shouldhave honorable salaries ascertained and es-tablished by standing laws.

Art. XXX. In the government of thiscommonwealth, the legislative departmentshall never exercise the executive and judicialpowers, or either of them; the executive shallnever exercise the legislative and judicialpowers, or either of them; the judicial shallnever exercise the legislative and executivepowers, or either of them; to the end it maybe a government of laws, and not of men.

PART THE SECOND

The Frame of Government

The people inhabiting the territory for-merly called the province of MassachusettsBay do hereby solemnly and mutually agreewith each other to form themselves into afree, sovereign, and independent body-politic or State, by the name of the common-wealth of Massachusetts.

CHAPTER I.—THE LEGISLATIVE POWER

Section I.—The General Court

Article I. The department of legislationshall be formed by two branches, a senate andhouse of representatives; each of which shallhave a negative on the other.

The legislative body shall assemble everyyear on the last Wednesday in May, and atsuch other times as they shall judge neces-sary; and shall dissolve and be dissolved onthe day next preceding the said last Wednes-day in May; and shall be styled the General

Court of Massachusetts.

Art. II. No bill or resolve of the senateor house of representatives shall become alaw, and have force as such, until it shall havebeen laid before the governor for his revisal;and if he, upon such revision, approvethereof, he shall signify his approbation by


signing the same. But if he have any objec-tion to the passing such bill or resolve, heshall return the same, together with his ob-jections thereto, in writing, to the senate orhouse of representatives, in whichsoever thesame shall have originated, who shall enterthe objections sent down by the governor, atlarge, on their records, and proceed to recon-sider the said bill or resolve; but if, after suchreconsideration, two-thirds of the said sen-ate or house of representatives shall, notwith-standing the said objections, agree to pass thesame, it shall, together with the objections,be sent to the other branch of the legislature,where it shall also be reconsidered, and if ap-proved by two-thirds of the members pres-ent, shall have the force of law; but in allsuch cases, the vote of both houses shall bedetermined by yeas and nays; and the namesof the persons voting for or against the saidbill or resolve shall be entered upon the pub-lic records of the commonwealth.

And in order to prevent unnecessary de-lays, if any bill or resolve shall not be re-turned by the governor within five days afterit shall have been presented, the same shallhave the force of law.

Art. III. The general court shall foreverhave full power and authority to erect andconstitute judicatories and courts of record orother courts, to be held in the name of thecommonwealth, for the hearing, trying, anddetermining of all manner of crimes, of-fences, pleas, processes, plaints, actions, mat-ters, causes, and things whatsoever, arisingor happening within the commonwealth, orbetween or concerning persons inhabiting orresiding, or brought within the same;whether the same be criminal or civil, orwhether the said crimes be capital or not cap-ital, and whether the said pleas be real, per-sonal, or mixed; and for the awarding andmaking out of execution thereupon; to whichcourts and judicatories are hereby given andgranted full power and authority, from timeto time, to administer oaths or affirmations,for the better discovery of truth in any mat-

ter in controversy, or depending before them.Art. IV. And further, full power and au-

thority are hereby given and granted to thesaid general court from time to time, tomake, ordain, and establish all manner ofwholesome and reasonable orders, laws,statutes, and ordinances, directions and in-structions, either with penalties or without,so as the same be not repugnant or contraryto this constitution, as they shall judge to befor the good and welfare of this common-wealth, and for the government and orderingthereof, and of the subjects of the same, andfor the necessary support and defence of thegovernment thereof; and to name and settleannually, or provide by fixed laws, for thenaming and settling all civil officers withinthe said commonwealth, the election, andconstitution of whom are not hereafter in thisform of government otherwise provided for;and to set forth the several duties, powers,and limits of the several civil and militaryofficers of this commonwealth, and the formsof such oaths or affirmations as shall be re-spectively administered unto them for the ex-ecution of their several offices and places, soas the same be not repugnant or contrary tothis constitution; and to impose and levyproportional and reasonable assessments,rates, and taxes, upon all the inhabitants of,and persons resident, and estates lying,within the said commonwealth; and also toimpose and levy reasonable duties and excisesupon any produce, goods, wares, merchan-dise, and commodities whatsoever, broughtinto, produced, manufactured, or being withinthe same; to be issued and disposed of bywarrant, under the hand of the governor ofthis commonwealth, for the time being, withthe advice and consent of the council, for thepublic service, in the necessary defence andsupport of the government of the said com-monwealth, and the protection and preserva-tion of the subjects thereof, according to suchacts as are or shall be in force within thesame.

And while the public charges of govern-


ment, or any part thereof, shall be assessed onpolls and estates, in the manner that has hith-erto been practised, in order that such assess-ments may be made with equality, there shallbe a valuation of estates within the common-wealth, taken anew once in every ten years atleast, and as much oftener as the generalcourt shall order.

CHAPTER I

Section 2.—Senate

Article I. There shall be annuallyelected, by the freeholders and other inhab-itants of this commonwealth, qualified as inthis constitution is provided, forty personsto be councillors and senators, for the yearensuing their election; to be chosen by theinhabitants of the districts into which thecommonwealth may from time to time be di-vided by the general court for that purpose;and the general court, in assigning the num-bers to be elected by the respective districts,shall govern themselves by the proportion ofthe public taxes paid by the said districts; andtimely make known to the inhabitants of thecommonwealth the limits of each district,and the number of councillors and senatorsto be chosen therein: Provided, That thenumber of such districts shall never be lessthan thirteen; and that no district be so largeas to entitle the same to choose more than sixsenators.

And the several counties in this com-monwealth shall, until the general court shalldetermine it necessary to alter the said dis-tricts, be districts for the choice of council-lors and senators, (except that the counties ofDukes County and Nantucket shall form onedistrict for that purpose,) and shall elect thefollowing number for councillors and sena-tors, viz : ... [39 senators].

Art. II. The senate shall be the firstbranch of the legislature; and the senatorsshall be chosen in the following manner, viz :There shall be a meeting on the first Mondayin April, annually, forever, of the inhabitants

of each town in the several counties of thiscommonwealth, to be called by the select-men, and warned in due course of law, atleast seven days before the first Monday inApril, for the purpose of electing persons tobe senators and councillors; and at suchmeetings every male inhabitant of twenty-one year of age and upwards, having a free-hold estate of the value of sixty pounds, shallhave a right to give in his vote for the sena-tors for the district of which he is an inhab-itant. And to remove all doubts concerningthe meaning of the word “inhabitant,” in thisconstitution, every person shall be consid-ered as an inhabitant, for the purpose ofelecting and being elected into any office orplace within this State, in that town, district,or plantation where he dwelleth or hath hishome.

The selectmen of the several towns shallpreside at such meetings impartially, andshall receive the votes of all the inhabitants ofsuch towns, present and qualified to vote forsenators, and shall sort and count them inopen town meeting, and in presence of thetown clerk, who shall make a fair record, inpresence of the selectmen, and in open townmeeting, of the name of every person votedfor, and of the number of votes against hisname; and a fair copy of this record shall beattested by the selectmen and the town clerk,and shall be sealed up, directed to the secre-tary of the commonwealth, for the timebeing, with a superscription expressing thepurport of the contents thereof, and deliveredby the town clerk of such towns to the sher-iff of the county in which such town lies,thirty days at least before the last Wednesdayin May, annually; or it shall be delivered intothe secretary’s office seventeen days at leastbefore the said last Wednesday in May; andthe sheriff of each county shall deliver all suchcertificates, by him received, into the secre-tary’s office seventeen days before the said lastWednesday in May.

And the inhabitants of the plantationsunincorporated, qualified as this constitution


provides, who are or shall be empowered andrequired to assess taxes upon themselves to-ward the support of government, shall havethe same privilege of voting for councillorsand senators, in the plantations where theyreside, as town inhabitants have in their re-spective towns; and the plantation meetingsfor that purpose shall be held annually, onthe same first Monday in April, at such placein the plantations, respectively, as the asses-sors thereof shall direct; which assessors shallhave like authority for notifying the electors,collecting and returning the votes, as the se-lectmen and town clerks have in their severaltowns by this constitution. And all other per-sons living in places unincorporated, (quali-fied as aforesaid,) who shall be assessed to thesupport of government by assessors of an ad-jacent town, shall have the privilege of giv-ing in their votes for councillors and senatorsin the town where they shall be assessed, andbe notified of the place of meeting by the se-lectmen of the town where they shall be as-sessed, for that purpose, accordingly.

Art. III. And that there may be a dueconvention of senators, on the last Wednes-day in May, annually, the governor, with fiveof the council, for the time being, shall, assoon as may be, examine the returned copiesof such records; and fourteen days before thesaid day he shall issue his summons to suchpersons as shall appear to be chosen by a ma-jority of voters to attend on that day, andtake their seats accordingly: Provided, never-

theless, That for the first year the said returnedcopies shall be examined by the president andfive of the council of the former constitutionof government; and the said president shall,in like manner, issue his summons to the per-sons so elected, that they may take their seatsas aforesaid.

Art. IV. The senate shall be the finaljudge of the elections, returns, andqualifications of their own members, aspointed out in the constitution; and shall, onthe said last Wednesday in May, annually, de-termine and declare who are elected by each

district to be senators by a majority of votes;and in case there shall not be the full num-ber of senators returned, elected by a major-ity of votes for any district, the deficiencyshall be supplied in the following manner,viz : The members of the house of represen-tatives, and such senators as shall be declaredelected, shall take the names of such personsas shall be found to have the highest numberof votes in such district, and not elected,amounting to twice the number of senatorswanting, if there be so many voted for, andout of these shall elect by ballot a number ofsenators sufficient to fill up the vacancies insuch district; and in this manner all such va-cancies shall be filled up in every district ofthe commonwealth; and in like manner allvacancies in the senate, arising by death, re-moval out of the State or otherwise, shall besupplied as soon as may after such vacanciesshall happen.

Art. V. Provided, nevertheless, That noperson shall be capable of being elected as asenator [who is not seized in his own right ofa freehold within this commonwealth, of thevalue of three hundred pounds at least, orpossessed of personal estate to the value of sixhundred pounds at least, or of both to theamount of the same sum, and] who has notbeen an inhabitant of this commonwealth forthe space of five years immediately precedinghis election, and, at the time of his election,he shall be an inhabitant in the district forwhich he shall be chosen.

Art. VI. The senate shall have power toadjourn themselves; provided such adjourn-ments do not exceed two days at a time.

Art. VII. The senate shall choose itsown president, appoint its own officers, anddetermine its own rules of proceedings.

Art. VIII. The senate shall be a court,with full authority to hear and determine allimpeachments made by the house of repre-sentatives, against any officer or officers ofthe commonwealth, for misconduct and mal-adminstration in their offices; but, previousto the trial of every impeachment, the mem-


bers of the senate shall, respectively, be sworntruly and impartially to try and determinethe charge in question, according to the ev-idence. Their judgment, however, shall notextend further than to removal from office,and disqualification to hold or enjoy anyplace of honor, trust, or profit under thiscommonwealth; but the part so convictedshall be, nevertheless, liable to indictment,trial, judgment, and punishment, accordingto the laws of the land.

Art. IX. Not less than sixteen membersof the senate shall constitute a quorum fordoing business.

CHAPTER I.

Section 3.—House of Representatives

Article I. There shall be, in the legisla-ture of this commonwealth, a representationof the people, annually elected, and foundedupon the principle of equality.

Art. II. And in order to provide for a rep-resentation of the citizens of this common-wealth, founded upon the principle of equal-ity, every corporate town containing onehundred and fifty ratable polls, may elect onerepresentative; every corporate town contain-ing three hundred and seventy-five ratablepolls, may elect two representatives; every cor-porate town containing six hundred ratablepolls, may elect three representatives; and pro-ceeding in that manner, making two hundredand twenty-five ratable polls the mean increas-ing number for every additional representative.

Provided, nevertheless, That each townnow incorporated, not having one hundredand fifty ratable polls, may elect one repre-sentative; but no place shall hereafter be in-corporated with the privilege of electing arepresentative, unless there are within thesame one hundred and fifty ratable polls.

And the house of representatives shallhave power, from time to time, to imposefines upon such towns as shall neglect tochoose and return members of the same,agreeably to this constitution.

The expenses of travelling to the generalassembly and returning home, once in everysession, and no more, shall be paid by thegovernment out of the public treasury, toevery member who shall attend as seasonablyas he can, in the judgment of the house, anddoes not depart without leave.

Art. III. Every member of the house ofrepresentatives shall be chosen by writtenvotes; and, for one year at least next preced-ing his election, shall have been an inhabitantof, and have been seized in his own right ofa freehold of the value of one hundredpounds, within the town he shall be chosento represent, or any ratable estate to the valueof two hundred pounds; and he shall cease torepresent the said town immediately on hisceasing to be qualified as aforesaid.

Art. IV. Every male person beingtwenty-one years of age, and resident in anyparticular town in this commonwealth, forthe space of one year next preceding, havinga freehold estate within the same town, ofthe annual income of three pounds, or anyestate of the value of sixty pounds, shall havea right to vote in the choice of a representa-tive or representatives for the said town.

Art. V. The members of the house ofrepresentatives shall be chosen annually inthe month of May, ten days at least before thelast Wednesday of that month.

Art. VI. The house of representativesshall be the grand inquest of this common-wealth; and all impeachments made by themshall be heard and tried by the senate.

Art. VII. All money bills shall originatein the house of representatives; but the sen-ate may propose or concur with amend-ments, as on other bills.

Art. VIII. The house of representativesshall have power to adjourn themselves; pro-vided such adjournments shall not exceedtwo days at a time.

Art. IX. Not less than sixty members ofthe house of representatives shall constitutea quorum for doing business.

Art. X. The house of representatives


shall be the judge of the returns, elections,and qualifications of its own members, aspoint out in the constitution; shall choosetheir own speaker, appoint their own officers,and settle the rules and order of proceedingin their own house. They shall have author-ity to punish by imprisonment every person,not a member, who shall be guilty of disre-spect to the house, by any disorderly or con-temptuous behavior in its presence; or who,in the town where the general court is sitting,and during the time of its sitting, shallthreaten harm to the body or estate of any ofits members, for anything said or done in thehouse; or who shall assault any of themtherefor; or who shall assault or arrest anywitness, or other person, ordered to attendthe house, in his way in going or returning;or who shall rescue any person arrested bythe order of the house.

And no member of the house of repre-sentatives shall be arrested, or held to bail onmesne process, during his going unto, return-ing from, or his attending the general assem-bly.

Art. XI. The senate shall have the samepowers in the like cases; and the governorand council shall have the same authority topunish in like cases; Provided, That no im-prisonment, on the warrant or order of thegovernor, council, senate, or house of repre-sentatives, for either of the above-describedoffences, be for a term exceeding thirty days.

And the senate and house of represen-tatives may try and determine all cases wheretheir rights and privileges are concerned, andwhich, by the constitution, they have author-ity to try and determine, by committees oftheir own members, or in such other way asthey may, respectively, think best.

CHAPTER II.—EXECUTIVE POWER

Section I.—Governor

Article I. There shall be a supreme ex-ecutive magistrate, who shall be styled “Thegovernor of the commonwealth of Massachu-

setts;” and whose title shall be “His Excel-lency.”

Art. II. The governor shall be chosenannually; and no person shall be eligible tothis office, unless, at the time of his election,he shall have been an inhabitant of this com-monwealth for seven years next preceding;and unless he shall, at the same time, beseized, in his own right, of a freehold, withinthe commonwealth, of the value of one thou-sand pounds; and unless he shall declarehimself to be of the Christian religion.

Art. III. Those persons who shall bequalified to vote for senators and representa-tives, within the several towns of this com-monwealth, shall, at a meeting to be calledfor that purpose, on the first Monday ofApril, annually, give in their votes for a gov-ernor to the selectmen, who shall preside atsuch meetings; and the town clerk, in thepresence and with the assistance of the select-men, shall, in open town meeting, sort andcount the votes, and form a list of the per-sons voted for, with the number of votes foreach person against his name; and shall makea fair record of the same in the town books,and a public declaration thereof in the saidmeeting; and shall, in the presence of the in-habitants, seal up copies of the said list, at-tested by him and the selectmen, and trans-mit the same to the sheriff of the county,thirty days at least before the last Wednesdayin May; and the sheriff shall transmit thesame to the secretary’s office, seventeen daysat least before the said last Wednesday inMay; or the selectmen may cause returns ofthe same to be made, to the office of the sec-retary of the commonwealth, seventeen daysat least before the said day; and the secretaryshall lay the same before the senate and thehouse of representatives, on the last Wednes-day in May, to be by them examined; and incase of an election by a majority of all thevotes returned, the choice shall be by themdeclared and published; but if no person shallhave a majority of votes, the house of repre-sentatives shall, by ballot, elect two out of


four persons, who had the highest numberof votes, if so many shall have been voted for;but, if otherwise, out of the number votedfor; and make return to the senate of the twopersons so elected; on which the senate shallproceed, by ballot, to elect one, who shall bedeclared governor.

Art. IV. The governor shall authority,from time to time, at his discretion, to as-semble and call together the councillors ofthis commonwealth for the time being; andthe governor, with the said councillors, orfive of them at least, shall and may, from timeto time, hold and keep a council, for the or-dering and directing the affairs of the com-monwealth, agreeably to the constitution andthe laws of the land.

Art. V. The governor, with advice ofcouncil, shall have full power and authority,during the session of the general court, toadjourn or prorogue the same at any time thetwo houses shall desire; and to dissolve thesame on the day next preceding the lastWednesday in May; and, in the recess of thesaid court, to prorogue the same from timeto time, not exceeding ninety days in any onerecess; and to call it together sooner than thetime to which it may be adjourned or pro-rogued, if the welfare of the commonwealthshall require the same; and in case of any in-fectious distemper prevailing in the placewhere the said court is next at any time toconvene, or any other cause happening,whereby danger may arise to the health orlives of the members from their attendance,he may direct the session to be held at someother the most convenient place within theState.

And the governor shall dissolve the saidgeneral court on the day next preceding thelast Wednesday in May.

Art. VI. In cases of disagreement be-tween the two houses, with regard to the ne-cessity, expediency, or time of adjournmentor prorogation, the governor, with advice ofthe council, shall have a right to adjourn orprorogue the general court, not exceeding

ninety days, as he shall determine the publicgood shall require.

Art. VII. The governor of this common-wealth, for the time being, shall be the com-mander-in-chief of the army and navy, andof all the military forces of the State, by seaand land; and shall have full power, by him-self or by any commander, or other officer orofficers, from time to time, to train, instruct,exercise, and govern the militia and navy;and, for the special defence and safety of thecommonwealth, to assemble in martial array,and put in warlike posture, the inhabitantsthereof, and to lead and conduct them, andwith them to encounter, repel, resist, expel,and pursue, by force of arms, as by sea as byland, within or within the limits of this com-monwealth; and also to kill, slay, and destroy,if necessary, and conquer, by all fitting ways,enterprises, and means whatsoever, all andevery such person and persons as shall, at anytime hereafter, in a hostile manner, attemptor enterprise the destruction, invasion, detri-ment, or annoyance of this commonwealth;and to use and exercise over the army andnavy, and over the militia in actual service,the law-martial, in time of war or invasion,and also in time of rebellion, declared by thelegislature to exist, as occasion shall necessar-ily require; and to take and surprise, by allways and means whatsoever, all and everysuch person or persons, with their ships, arms,and ammunition, and other goods, as shall,in a hostile manner, invade, or attempt theinvading, conquering, or annoying this com-monwealth; and that the governor be in-trusted with all these and other powers inci-dent to the offices of captain-general andcommander-in-chief, and admiral, to be ex-ercised agreeably to the rules and regulationsof the constitution and the laws of the land,and not otherwise.

Provided, That the said governor shallnot, at any time hereafter, by virtue of anypower by this constitution granted, or here-after to be granted to him by the legislature,transport any of the inhabitants of this com-


monwealth, or oblige them to march out ofthe limits of the same, without their free andvoluntary consent, or the consent of the gen-eral court; except so far as may be necessaryto march or transport them by land or waterfor the defence of such part of the State towhich they cannot otherwise convenientlyhave access.

Art. VIII. The power of pardoning of-fences, except such as persons may be con-victed of before the senate, by an impeach-ment of the house, shall be in the governor,by and with the advice of council; but nocharter or pardon, granted by the governor,with the advice of the council, before convic-tion, shall avail the party pleading the same,notwithstanding any general or particular ex-pressions contained therein, descriptive of theoffence or offences intended to be pardoned.

Art. IX. All judicial officers, the attor-ney-general, the solicitor-general, all sher-iffs, coroners, and registers of probate, shallbe nominated and appointed by the gover-nor, by and with the advice and consent ofthe council; and every such nomination shallbe made by the governor, and made at leastseven days prior to such appointment.

Art. X. The captains and subalterns ofthe militia shall be elected by the writtenvotes of the train-band and alarm-list of theirrespective companies, of twenty years of ageand upwards; the field-officers of regimentsshall be elected by the written votes of thecaptains and subalterns of their respectiveregiments; the brigadiers shall be elected, inlike manner, by the field-officers of their re-spective brigades; and such officers, soelected, shall be commissioned by the gover-nor, who shall determine their rank.

The legislature shall, by standing laws,direct the time and manner of convening theelectors, and of collecting votes, and of cer-tifying to the governer the officers elected.

The major-generals shall be appointedby the senate and house of representatives,each having a negative upon the other; andbe commissioned by the governor.

And if the electors of brigadiers, field-officers, captains, or subalterns shall neglector refuse to make such elections, after beingduly notified, according to the laws for thetime being, then the governor, with the ad-vice of council, shall appoint suitable per-sons to fill such offices.

And no officer, duly commissioned tocommand in the militia, shall be removedfrom his office, but by the address of bothhouses to the governor, or by fair trial incourt-martial, pursuant to the laws of thecommonwealth for the time being.

The commanding officers of regimentsshall appoint their adjutants and quartermas-ters; the brigadiers, their brigade-majors; andthe major-generals, their aids; and the gov-ernor shall appoint the adjutant-general.

The governor, with the advice of coun-cil, shall appoint all officers of the Continen-tal Army, whom, by the Confederation of theUnited States, it is provided that this com-monwealth shall appoint, as also all officersof forts and garrisons.

The divisions of the militia into brigades,regiments, and companies, made in pur-suance of the militia-laws now in force, shallbe considered as the proper divisions of themilitia in this commonwealth, until the sameshall be altered in pursuance of some futurelaw.

Art. XI. No moneys shall be issued outof the treasury of this commonwealth anddisposed of, except such sums as may be ap-propriated for the redemption of bills ofcredit or treasurer’s notes, or for the paymentof interest arising thereon, but by warrantunder the hand of the governor for the timebeing, with the advice and consent of thecouncil for the necessary defence and sup-port of the commonwealth, and for the pro-tection and preservation of the inhabitantsthereof, agreeably to the acts and resolves ofthe general court.

Art. XII. All public boards, the com-missary-general, all superintending officersof public magazines and stores, belonging to


this commonwealth, and all commandingofficers of forts and garrisons within thesame, shall, once in every three months, of-ficially and without requisition, and at othertimes, when required by the governor, de-liver to him an account of all goods, stores,provisions, ammunition, cannon, with theirappendages, and small-arms with their ac-coutrements, and of all other public prop-erty whatever under their care, respectively;distinguishing the quantity, number, qual-ity, and kind of each, as particularly as maybe; together with the condition of such fortsand garrisons; and the said commandingofficer shall exhibit to the governor, when re-quired by him, true and exact plans of suchforts, and of the land and sea, or harbor orharbors, adjacent.

And the said boards, and all public of-ficers, shall communicate to the governor, assoon as may be after receiving the same, allletters, dispatches, and intelligences of a pub-lic nature, which shall be directed to them re-spectively.

Art. XIII. As the public good requiresthat the governor should not be under theundue influence of any of the members ofthe general court, by a dependence on themfor his support; that he should, in all cases,act with freedom for the benefit of the pub-lic; that he should not have his attention nec-essarily diverted from that object to his pri-vate concerns; and that he should maintainthe dignity of the commonwealth in thecharacter of its chief magistrate, it is neces-sary that he should have an honorable statedsalary, of a fixed and permanent value, amplysufficient for those purposes, and establishedby standing laws; and it shall be among thefirst acts of the general court, after the com-mencement of this constitution, to establishsuch salary by law accordingly.

Permanent and honorable salaries shallalso be established by law for the justices ofthe supreme judicial court.

And if it shall be found that any of thesalaries aforesaid, so established, are insuffi-

cient, they shall, from time to time, be en-larged, as the general court shall judgeproper.

CHAPTER II.

Section 2.—Lieutenant-Governor

Article I. There shall be annually electeda lieutenant-governor of the commonwealthof Massachusetts, whose title shall be “HisHonor;” and who shall be qualified, in pointof religion, property, and residence in thecommonwealth, in the same manner with thegovernor; and the day and manner of hiselection, and the qualification of the electors,shall be the same as are required in the elec-tion of a governor. The return of the votes forthis officer, and the declaration of his elec-tion, shall be in the same manner; and if noone person shall be found to have a majorityof all the votes returned, the vacancy shall befilled by the senate and house of representa-tives, in the same manner as the governor isto be elected, in case no one person shall havea majority of the votes of the people to begovernor.

Art. II. The governor, and in his absencethe lieutenant-governor, shall be president ofthe council; but shall have no voice in coun-cil; and the lieutenant-governor shall alwaysbe a member of the council, except when thechair of the governor shall be vacant.

Art. III. Whenever the chair of the gov-ernor shall be vacant, by reason of his death,or absence from the commonwealth, or oth-erwise, the lieutenant-governor, for the timebeing, shall, during such vacancy perform allthe duties incumbent upon the governor, andshall have and exercise all the powers and au-thorities which, by this constitution, the gov-ernor is vested with, when personally present.

CHAPTER II.

Section 3.—Council, and the Manner of Settling Elections by the Legislature

Article I. There shall be a council, foradvising the governor in the executive part of


the government, to consist of nine personsbesides the lieutenant-governor, whom thegovernor, for the time being, shall have fullpower and authority, from time to time, atthis discretion, to assemble and call together;and the governor, with the said councillors,or five of them at least, shall and may, fromtime to time, hold and keep a council, for theordering and directing the affairs of the com-monwealth, according to the laws of the land.

Art. II. Nine councillors shall be annu-ally chosen from among the persons returnedfor councillors and senators, on the lastWednesday in May, by the joint ballot of thesenators and representatives assembled in oneroom; and in case there shall not be found,upon the first choice, the whole number ofnine persons who will accept a seat in thecouncil, the deficiency shall be made up bythe electors aforesaid from among the peopleat large; and the number of senators left shallconstitute the senate for the year. The seatsof the persons thus elected from the senate,and accepting the trust, shall be vacated inthe senate.

Art. III. The councillors, in the civilarrangements of the commonwealth, shallhave rank next after the lieutenant-governor.

Art. IV. Not more than two councillorsshall be chosen out of any one district in thiscommonwealth.

Art. V. The resolutions and advice ofthe council shall be recorded in a register andsigned by the members present; and thisrecord may be called for, at any time, by ei-ther house of the legislature; and any mem-ber of the council may insert his opinion,contrary to the resolution of the majority.

Art. VI. Whenever the office of the gov-ernor and lieutenant-governor shall be va-cant by reason of death, absence, or other-wise, then the council, or the major part ofthem, shall, during such vacancy, have fullpower and authority to do and execute alland every such acts, matters, and things, asthe governor or the lieutenant-governormight or could, by virtue of this constitu-

tion, do or execute, if they, or either of them,were personally present.

Art. VII. And whereas the elections ap-pointed to be made by this constitution onthe last Wednesday in May annually, by thetwo houses of the legislature, may not becompleted on that day, the said elections maybe adjourned from day to day, until the sameshall be completed. And the order of elec-tions shall be as follows: The vacancies in thesenate, if any, shall first be filled up; the gov-ernor and lieutenant-governor shall then beelected, provided there should be no choiceof them by the people; and afterwards thetwo houses shall proceed to the election ofthe council.

CHAPTER II.

Section 4.—Secretary, Treasurer, Commissary, etc.

Article I. The secretary, treasurer, andreceiver-general, and the commissary-gen-eral, notaries public, and naval officers, shallbe chosen annually, by joint ballot of the sen-ators and representatives, in one room. And,that the citizens of this commonwealth maybe assured, from time to time, that the mon-eys remaining in the public treasury, uponthe settlement and liquidation of the publicaccounts, are their property, no man shall beeligible as treasurer and receiver-general morethan five years successively.

Art. II. The records of the common-wealth shall be kept in the office of the sec-retary, who may appoint his deputies, forwhose conduct he shall be accountable; andhe shall attend the governor and council, thesenate and house of representatives in personor by his deputies, as they shall respectivelyrequire.

CHAPTER III.

Judiciary Power.

Article I. The tenure that all commis-sion officers shall by law have in their officesshall be expressed in their respective commis-


sions. All judicial officers, duly appointed,commissioned, and sworn, shall hold theiroffices during good behavior, excepting suchconcerning whom there is different provisionmade in this constitution: Provided, never-

theless, The governor, with consent of thecouncil, may remove them upon the addressof both houses of the legislature.

Art. II. Each branch of the legislature,as well as the governor and council, shall haveauthority to require the opinions of the jus-tices of the supreme judicial court upon im-portant questions of law, and upon solemnoccasions.

Art. III. In order that the people maynot suffer from the long continuance in placeof any justice of the peace, who shall fail ofdischarging the important duties of his officewith ability or fidelity, all commissions ofjustices of the peace shall expire and becomevoid in the term of seven years from their re-spective dates; and, upon the expiration ofany commission, the same may, if necessary,be renewed, or another person appointed, asshall most conduce to the well-being of thecommonwealth.

Art. IV. The judges of probate of wills,and for granting letters of administration,shall hold their courts at such place or places,on fixed days, as the convenience of the peo-ple shall require; and the legislature shall,from time to time, hereafter, appoint suchtimes and places; until which appointmentsthe said courts shall be holden at the timesand places which the respective judges shalldirect.

Art. V. All causes of marriage, divorce,and alimony, and all appeals from the judgesof probate, shall be heard and determined bythe governor and council until the legislatureshall, by law, make other provision.

CHAPTER IV.

Delegates to Congress

The delegates of this commonwealth tothe Congress of the United States shall, some

time in the month of June, annually, beelected by the joint ballot of the senate andhouse of representatives assembled togetherin one room; to serve in Congress for oneyear, to commence on the first Monday inNovember, then next ensuing. They shallhave commissions under the hand of the gov-ernor, and the great seal of the common-wealth; but may be recalled at any timewithin the year, and others chosen and com-missioned, in the same manner, in theirstead.

CHAPTER V.—THE UNIVERSITY AT

CAMBRIDGE, AND ENCOURAGEMENT

OF LITERATURE, ETC.

Section 1.—The University

Article I. Whereas our wise and piousancestors, so early as the year [1636], laid thefoundation of Harvard College, in whichuniversity many persons of great prominencehave, by the blessing of God, been initiatedin those arts and sciences which qualifiedthem for the public employments, both inchurch and State; and whereas the encour-agement of arts and sciences, and all goodliterature, tends to the honor of God, the ad-vantage of the Christian religion, and thegreat benefit of this and the other UnitedStates of America, it is declared, that the pres-ident and fellows of Harvard College, in theircorporate capacity, and their successors inthat capacity, their officers and servants, shallhave, hold, use, exercise, and enjoy all thepowers, authorities, rights, liberties, privi-leges, immunities, and franchises which theynow have, or are entitled to have, hold, use,exercise, and enjoy; and the same are herebyratified and confirmed unto them, the saidpresident and fellows of Harvard College,and to their successors, and to their officersand servants, respectively, forever.

Art. II. And whereas there have been, atsundry times, by divers persons, gifts, grants,devises of houses, lands, tenements, goods,chattels, legacies, and conveyances heretofore


made, either to Harvard College in Cam-bridge, in New England, or to the presidentand fellows of Harvard College, or to the saidcollege, by some other description, underseveral charters successively, it is declared,that all the said gifts, grants, devises, lega-cies, and conveyances are hereby foreverconfirmed unto the president and fellows ofHarvard College, and to their successors, inthe capacity aforesaid, according to the trueintent and meaning of the donor or donors,grantor or grantors, devisor or devisors.

Art. III. And whereas by an act of thegeneral court of the colony of MassachusettsBay, passed in the year [1642], the governorand deputy governor for the time being, andall the magistrates of that jurisdiction, were,with the President, and a number of theclergy, is the said act described, constitutedthe overseers of Harvard College; and itbeing necessary, in this new constitution ofgovernment, to ascertain who shall be deemedsuccessors to the said governor, deputy gov-ernor, and magistrates, it is declared that thegovernor, lieutenant-governor, council, andsenate of this commonwealth are, and shallbe deemed, their successors; who, with thepresident of Harvard College, for the timebeing, together with the ministers of the con-gregational churches in the towns of Cam-bridge, Watertown, Charlestown, Boston,Roxbury and Dorchester, mentioned in thesaid act, shall be, and hereby are, vested withall the powers and authority belonging, or inany way appertaining, to the overseers ofHarvard College : Provided, that nothingherein shall be construed to prevent the leg-islature of this commonwealth from makingsuch alterations in the government of the saiduniversity as shall be conducive to its advan-tage, and the interest of the republic of let-ters, in as full a manner as might have beendone by the legislature of the late province ofthe Massachusetts Bay.

CHAPTER V.

Section 2.—The Encouragement of Literature, etc.

Wisdom and knowledge, as well asvirtue, diffused generally among the body ofthe people, being necessary for the preserva-tion of their rights and liberties; and as thesedepend on spreading the opportunities andadvantages of education in the various partsof the country, and among the different or-ders of the people, it shall be the duty of leg-islatures and magistrates, in all future periodsof this commonwealth, to cherish the inter-ests of literature and the sciences, and allseminaries of them; especially the universityat Cambridge, public schools, and grammar-schools in the towns; to encourage privatesocieties and public institutions, rewards andimmunities, for the promotion of agriculture,arts, sciences, commerce, trades, manufac-tures, and a natural history of the country; tocountenance and inculcate the principles ofhumanity and general benevolence, publicand private charity, industry and frugality,honesty and punctuality in their dealings;sincerity, and good humor, and all social af-fections and generous sentiments, among thepeople.

CHAPTER VI.

Oaths and Subscriptions; Incompatibil-ity of and Exclusion from Offices; PecuniaryQualifications; Commissions; Writs; Con-firmation of Laws; Habeas Corpus; The En-acting Style; Continuance of Officers; Provi-sion for a Future Revisal of the Constitution,etc.

Article I. Any person chosen governor,lieutenant-governor, councillor, senator, orrepresentative, and accepting the trust, shall,before he proceed to execute the duties of hisplace or office, make and subscribe the fol-lowing declaration, viz :

“I, A.B., do declare that I believe theChristian religion, and have a firm persuasionof its truth; and that I am seized and pos-


sessed, in my own right, of the property re-quired by the constitution, as one qualifica-tion for the office or place to which I amelected.”

And the governor, lieutenant-governor,and councillors shall make and subscribe thesaid declaration, in the presence of the twohouses of assembly; and the senators and rep-resentatives, first elected under this constitu-tion, before the president and five of thecouncil of the former constitution; and for-ever afterwards, before the governor andcouncil for the time being.

And every person chosen to either of theplaces or offices aforesaid, as also any personsappointed or commissioned to any judicial,executive, military, or other office under thegovernment, shall, before he enters on thedischarge of the business of his place or office,take and subscribe the following declarationand oaths or affirmations, viz :

“I, A.B., do truly and sincerely acknowl-edge, profess, testify, and declare that thecommonwealth of Massachusetts is, and ofright ought to be, a free, sovereign, and in-dependent State, and I do swear that I willbear true faith and allegiance to the said com-monwealth, and that I will defend the sameagainst traitorous conspiracies and all hostileattempts whatsoever; and that I do renounceand abjure all allegiance, subjection, andobedience to the King, Queen, or govern-ment of Great Britain, (as the case may be,)and every other foreign power whatsoever;and that no foreign prince, person, prelate,state, or potentate hath, or ought to have,any jurisdiction, superiority, preeminence,authority, dispensing or other power, in anymatter, civil, ecclesiastical, or spiritual,within this commonwealth; except the au-thority and power which is or may be vestedby their constituents in the Congress of theUnited States; and I do further testify anddeclare that no man, or body of men, have,or can have, any right to absolve or dischargeme from the obligation of this oath, declara-tion, or affirmation; and that I do make this

acknowledgment, profession, testimony, dec-laration, denial, renunciation, and abjurationheartily and truly, according to the commonmeaning and acceptation of the foregoingwords, without any equivocation, mentalevasion, or secret reservation whatsoever: Sohelp me, God.”

“I, A.B., do solemnly swear and affirmthat I will faithfully and impartially dischargeand perform all the duties incumbent on meas _____, according to the best of my abili-ties and understanding, agreeably to the rulesand regulations of the constitution and thelaws of the commonwealth: So help me,God.”

Provided always, That when any person,chosen and appointed as aforesaid, shall be ofthe denomination of people called Quakers,and shall decline taking the said oaths, heshall make his affirmation in the foregoingform, and subscribe the same, omitting thewords, “I do swear,” “and abjure,” “oath or,”“and abjuration,” in the first oath; and in thesecond oath, the words, “swear and,” and ineach of them the words, “So help me, God;”subjoining instead thereof, “This I do underthe pains and penalties of perjury.”

And the said oaths or affirmations shallbe taken and subscribed by the governor,lieutenant-governor, and councillors, beforethe president of the senate, in the presence ofthe two houses of assembly; and by the sen-ators and representatives first elected underthis constitution, before the president andfive of the council of the former constitution;and forever afterwards before the governorand council for the time being; and by theresidue of the officers aforesaid, before suchpersons and in such manner as from time totime shall be prescribed by the legislature.

Art. II. No governor, lieutenant-gover-nor, or judge of the supreme judicial courtshall hold any other office or place, under theauthority of this commonwealth, except suchas by the constitution they are admitted tohold, saving that the judges of the said courtmay hold the office of the justices of the peace


through the State; nor shall they hold anyother place or office, or receive any pensionor salary from any other State, or govern-ment, or power, whatever.

No person shall be capable of holding orexercising at the same time, within this State,more than one of the following offices, viz :judge of probate, sheriff, register of probate,or register of deeds; and never more than anytwo offices, which are to be held by appoint-ment of the governor, or the governor andcouncil, or the senate, or the house of repre-sentatives, or by the election of the people ofthe State at large, or of the people of anycounty, military offices, and the offices of jus-tices of the peace excepted, shall be held byone person.

No person holding the office of judge ofthe supreme judicial court, secretary, attor-ney-general, solicitor-general, treasurer or re-ceiver-general, judge of probate, commissary-general, president, professor, or instructor ofHarvard College, sheriff, clerk of the houseof representatives, register of probate, regis-ter of deeds, clerk of the supreme judicialcourt, clerk of the inferior court of commonpleas, or officer of the customs, including inthis description naval officers, shall at thesame time have a seat in the senate or houseof representatives; but their being chosen orappointed to, and accepting the same, shalloperate as a resignation of their seat in thesenate or house of representatives; and theplace so vacated shall be filled up.

And the same rule shall take place incase any judge of the said supreme judicialcourt or judge of probate shall accept a seatin council, or any councillor shall accept ofeither of those offices or places.

And no person shall ever be admittedto hold a seat in the legislature, or any officeof trust or importance under the governmentof this commonwealth, who shall in the duecourse of law have been convicted of briberyor corruption in obtaining an election or ap-pointment.

Art. III. In all cases where sums or

money are mentioned in this constitution,the value thereof shall be computed in silver,at six shillings and eight pence per ounce;and it shall in the power of the legislature,from time to time, to increase suchqualifications, as to property, of the personsto be elected to offices as the circumstancesof the commonwealth shall require.

Art. IV. All commissions shall be in thename of the commonwealth of Massachu-setts, signed by the governor, and attested bythe secretary or his deputy, and have the greatseal of the commonwealth affixed thereto.

Art. V. All writs, issuing of the clerk’soffice in any of the courts of law, shall be inthe name of the commonwealth of Massa-chusetts; they shall be under the seal of thecourt from when they issue; they shall beartest of the first justice of the court to whichthey shall be returned who is not a party, andbe signed by the clerk of such court.

Art. VI. All the laws which have hereto-fore been adopted, used, and approved in theprovince, colony, or State of MassachusettsBay, and usually practiced on in the courts oflaw, shall still remain and be in full force,until altered or repealed by the legislature,such parts only excepted as are repugnant tothe rights and liberties contained in this con-stitution.

Art. VII. The privilege and benefit ofthe writ of habeas corpus shall be enjoyed inthis commonwealth, in the most free, easy,cheap, expeditious, and ample manner, andshall not be suspended by the legislature, ex-cept upon the most urgent and pressing oc-casions, and for a limited time, not exceed-ing twelve months.

Art. VIII. The enacting style, in mak-ing and passing all acts, statutes, and laws,shall be, “Be it enacted by the senate and house

of representatives in general court assembled,

and by authority of the same.”

Art. IX. To the end there may be no fail-ure of justice or danger arise to the common-wealth from a change in the form of govern-ment, all officers, civil and military, holding


commissions under the government and peo-ple of Massachusetts Bay, in New England,and all other officers of the said governmentand people, at the time this constitution shalltake effect, shall have, hold, use, exercise, andenjoy all the powers and authority to themgranted or committed until other personsshall be appointed in their stead; and allcourts of law shall proceed in the executionof the business of their respective depart-ments; and all the executive and legislativeofficers, bodies, and powers shall continue infull force, in the enjoyment and exercise of alltheir trusts, employments, and authority,until the general court, and the supreme andexecutive officers under this constitution, aredesignated and invested with their respectivetrusts, powers, and authority.

Art. X. In order the more effectually toadhere to the principles of the constitution,and to correct those violations which by anymeans may be made therein, as well as toform such alterations as from experience shallbe found necessary, the general court whichshall be in the year of our Lord [1795] shallissue precepts to the selectmen of the severaltowns, and to the assessors of the unincorpo-rated plantations, directing them to convenethe qualified voters of their respective towns

and plantations, for the purpose of collectingtheir sentiments on the necessity or expedi-ency of revising the constitution in order toamendments.

And if it shall appear, by the returnsmade, that two-thirds of the qualified votersthroughout the State, who shall assemble andvote in consequence of the said precepts, arein favor of such revision or amendment, thegeneral court shall issue precepts, or directthem to be issued from the secretary’s office,to the several towns to elect or direct them tobe issued from the secretary’s office, to theseveral towns to elect delegates to meet inconvention for the purpose aforesaid.

And said delegates to be chosen in thesame manner and proportion as their repre-sentatives in the second branch of the legis-lature are by this constitution to be chosen.

Art. XI. This form of government shallbe enrolled on parchment and deposited inthe secretary’s office, and be a part of the lawsof the land, and printed copies thereof shallbe prefixed to the book containing the lawsof this commonwealth in all future editionsof the said laws.

JAMES BOWDOIN, President

Samuel Barrett, Secretary


The History*

Before the Constitution there was theArticles of Confederation—in effect, the firstconstitution of the United States. Drafted in1777 by the same Continental Congress thatpassed the Declaration of Independence, thearticles established a “firm league of friend-ship” between and among the 13 states.

Created during the throes of the Revo-lutionary War, the Articles reflect the wari-ness by the states of a strong central govern-ment. Afraid that their individual needswould be ignored by a national governmentwith too much power, and the abuses thatoften result from such power, the Articlespurposely established a “constitution” thatvested the largest share of power to the indi-vidual states.

Under the Articles each of the states re-tained their “sovereignty, freedom, and in-dependence.” Instead of setting up executiveand judicial branches of government, therewas a committee of delegates composed ofrepresentatives from each state. These indi-viduals comprised the Congress, a nationallegislature called for by the Articles.

The Congress was responsible for con-ducting foreign affairs, declaring war orpeace, maintaining an army and navy and avariety of other lesser functions. But the Ar-ticles denied Congress the power to collecttaxes, regulate interstate commerce and en-force laws.

Eventually, these shortcomings wouldlead to the adoption of the U.S. Constitu-tion. But during those years in which the 13states were struggling to achieve their inde-pendent status, the Articles of Confederationstood them in good stead.

Adopted by Congress on November 15,1777, the Articles became operative on March1, 1781 when the last of the 13 states signedon to the document.

The Document

Articles of Confederation

To all to whom these Presents shallcome, we the undersigned Delegates of theStates affixed to our Names send greeting.

Articles of Confederation and perpetual

CHAPTER 12

Articles of Confederation(March 1, 1781)

Congress of the Confederation

78

*Originally published as “The Articles of Confederation and Perpetual Union,” Early America’s Milestone HistoricDocuments, Archiving Early America, Seattle, Washington, 2009. For additional information see “The First Consti-tution—The Articles of Confederation,” The Charters of Freedom, U.S. National Archives and Records Administra-tion, College Park, Maryland, 2004. This agency is listed in the National Resource Directory section of this volume.

Union between the states of New Hampshire,Massachusetts-bay Rhode Island and Provi-dence Plantations, Connecticut, New York,New Jersey, Pennsylvania, Delaware, Mary-land, Virginia, North Carolina, South Car-olina and Georgia.

I. The Stile of this Confederacy shall be“The United States of America.”

II. Each state retains its sovereignty,freedom, and independence, and everypower, jurisdiction, and right, which is notby this Confederation expressly delegated tothe United States, in Congress assembled.

III. The said States hereby severallyenter into a firm league of friendship witheach other, for their common defense, thesecurity of their liberties, and their mutualand general welfare, binding themselves toassist each other, against all force offered to,or attacks made upon them, or any of them,on account of religion, sovereignty, trade, orany other pretense whatever.

IV. The better to secure and perpetuatemutual friendship and intercourse among thepeople of the different States in this Union,the free inhabitants of each of these States,paupers, vagabonds, and fugitives from jus-tice excepted, shall be entitled to all privi-leges and immunities of free citizens in theseveral States; and the people of each Stateshall free ingress and regress to and from anyother State, and shall enjoy therein all theprivileges of trade and commerce, subject tothe same duties, impositions, and restrictionsas the inhabitants thereof respectively, pro-vided that such restrictions shall not extendso far as to prevent the removal of propertyimported into any State, to any other State,of which the owner is an inhabitant; pro-vided also that no imposition, duties or re-striction shall be laid by any State, on theproperty of the United States, or either ofthem.

If any person guilty of, or charged with,treason, felony, or other high misdemeanor inany State, shall flee from justice, and befound in any of the United States, he shall,

upon demand of the Governor or executivepower of the State from which he fled, be de-livered up and removed to the State havingjurisdiction of his offense.

Full faith and credit shall be given ineach of these States to the records, acts, andjudicial proceedings of the courts and mag-istrates of every other State.

V. For the most convenient manage-ment of the general interests of the UnitedStates, delegates shall be annually appointedin such manner as the legislatures of eachState shall direct, to meet in Congress on thefirst Monday in November, in every year,with a power reserved to each State to recallits delegates, or any of them, at any timewithin the year, and to send others in theirstead for the remainder of the year.

No State shall be represented in Con-gress by less than two, nor more than sevenmembers; and no person shall be capable ofbeing a delegate for more than three years inany term of six years; nor shall any person,being a delegate, be capable of holding anyoffice under the United States, for which he,or another for his benefit, receives any salary,fees or emolument of any kind.

Each State shall maintain its own dele-gates in a meeting of the States, and whilethey act as members of the committee of theStates.

In determining questions in the UnitedStates in Congress assembled, each State shallhave one vote.

Freedom of speech and debate in Con-gress shall not be impeached or questioned inany court or place out of Congress, and themembers of Congress shall be protected intheir persons from arrests or imprisonments,during the time of their going to and from,and attendence on Congress, except for trea-son, felony, or breach of the peace.

VI. No State, without the consent ofthe United States in Congress assembled,shall send any embassy to, or receive any em-bassy from, or enter into any conference,agreement, alliance or treaty with any King,

12. Articles of Confederation 79

Prince or State; nor shall any person holdingany office of profit or trust under the UnitedStates, or any of them, accept any present,emolument, office or title of any kind what-ever from any King, Prince or foreign State;nor shall the United States in Congress as-sembled, or any of them, grant any title ofnobility.

No two or more States shall enter intoany treaty, confederation or alliance what-ever between them, without the consent ofthe United States in Congress assembled,specifying accurately the purposes for whichthe same is to be entered into, and how longit shall continue.

No State shall lay any imposts or du-ties, which may interfere with any stipula-tions in treaties, entered into by the UnitedStates in Congress assembled, with any King,Prince or State, in pursuance of any treatiesalready proposed by Congress, to the courtsof France and Spain.

No vessel of war shall be kept up in timeof peace by any State, except such numberonly, as shall be deemed necessary by theUnited States in Congress assembled, for thedefense of such State, or its trade; nor shallany body of forces be kept up by any State intime of peace, except such number only, as inthe judgement of the United States in Con-gress assembled, shall be deemed requisite togarrison the forts necessary for the defense ofsuch State; but every State shall always keepup a well-regulated and disciplined militia,sufficiently armed and accoutered, and shallprovide and constantly have ready for use, inpublic stores, a due number of filed piecesand tents, and a proper quantity of arms, am-munition and camp equipage.

No State shall engage in any war with-out the consent of the United States in Con-gress assembled, unless such State be actu-ally invaded by enemies, or shall havereceived certain advice of a resolution beingformed by some nation of Indians to invadesuch State, and the danger is so imminent asnot to admit of a delay till the United States

in Congress assembled can be consulted; norshall any State grant commissions to anyships or vessels of war, nor letters of marqueor reprisal, except it be after a declaration ofwar by the United States in Congress assem-bled, and then only against the Kingdom orState and the subjects thereof, against whichwar has been so declared, and under such reg-ulations as shall be established by the UnitedStates in Congress assembled, unless suchState be infested by pirates, in which casevessels of war may be fitted out for that oc-casion, and kept so long as the danger shallcontinue, or until the United States in Con-gress assembled shall determine otherwise.

VII. When land forces are raised by anyState for the common defense, all officers ofor under the rank of colonel, shall be ap-pointed by the legislature of each State re-spectively, by whom such forces shall beraised, or in such manner as such State shalldirect, and all vacancies shall be filled up bythe State which first made the appointment.

VIII. All charges of war, and all otherexpenses that shall be incurred for the com-mon defense or general welfare, and allowedby the United States in Congress assembled,shall be defrayed out of a common treasury,which shall be supplied by the several Statesin proportion to the value of all land withineach State, granted or surveyed for any per-son, as such land and the buildings and im-provements thereon shall be estimated ac-cording to such mode as the United States inCongress assembled, shall from time to timedirect and appoint.

The taxes for paying that proportionshall be laid and levied by the authority anddirection of the legislatures of the severalStates within the time agreed upon by theUnited States in Congress assembled.

IX. The United States in Congress as-sembled, shall have the sole and exclusiveright and power of determining on peace andwar, except in the cases mentioned in thesixth article—of sending and receiving am-bassadors — entering into treaties and al-


liances, provided that no treaty of commerceshall be made whereby the legislative powerof the respective States shall be restrainedfrom imposing such imposts and duties onforeigners, as their own people are subjectedto, or from prohibiting the exportation orimportation of any species of goods or com-modities whatsoever—of establishing rulesfor deciding in all cases, what captures onland or water shall be legal, and in what man-ner prizes taken by land or naval forces in theservice of the United States shall be dividedor appropriated—of granting letters of mar-que and reprisal in times of peace—appoint-ing courts for the trial of piracies and feloniescommited on the high seas and establishingcourts for receiving and determining finallyappeals in all cases of captures, provided thatno member of Congress shall be appointed ajudge of any of the said courts.

The United States in Congress assem-bled shall also be the last resort on appeal inall disputes and differences now subsisting orthat hereafter may arise between two or moreStates concerning boundary, jurisdiction orany other causes whatever; which authorityshall always be exercised in the manner fol-lowing. Whenever the legislative or execu-tive authority or lawful agent of any State incontroversy with another shall present a pe-tition to Congress stating the matter in ques-tion and praying for a hearing, notice thereofshall be given by order of Congress to thelegislative or executive authority of the otherState in controversy, and a day assigned forthe appearance of the parties by their lawfulagents, who shall then be directed to appointby joint consent, commissioners or judges toconstitute a court for hearing and determin-ing the matter in question: but if they can-not agree, Congress shall name three personsout of each of the United States, and from thelist of such persons each party shall alter-nately strike out one, the petitioners begin-ning, until the number shall be reduced tothirteen; and from that number not less thanseven, nor more than nine names as Congress

shall direct, shall in the presence of Congressbe drawn out by lot, and the persons whosenames shall be so drawn or any five of them,shall be commissioners or judges, to hear andfinally determine the controversy, so always asa major part of the judges who shall hear thecause shall agree in the determination: and ifeither party shall neglect to attend at the dayappointed, without showing reasons, whichCongress shall judge sufficient, or being pres-ent shall refuse to strike, the Congress shallproceed to nominate three persons out ofeach State, and the secretary of Congress shallstrike in behalf of such party absent or refus-ing; and the judgement and sentence of thecourt to be appointed, in the manner beforeprescribed, shall be final and conclusive; andif any of the parties shall refuse to submit tothe authority of such court, or to appear ordefend their claim or cause, the court shallnevertheless proceed to pronounce sentence,or judgement, which shall in like manner befinal and decisive, the judgement or sentenceand other proceedings being in either casetransmitted to Congress, and lodged amongthe acts of Congress for the security of theparties concerned: provided that every com-missioner, before he sits in judgement, shalltake an oath to be administered by one of thejudges of the supreme or superior court ofthe State, where the cause shall be tried, ‘welland truly to hear and determine the matterin question, according to the best of hisjudgement, without favor, affection or hopeof reward’: provided also, that no State shallbe deprived of territory for the benefit of theUnited States.

All controversies concerning the privateright of soil claimed under different grants oftwo or more States, whose jurisdictions asthey may respect such lands, and the Stateswhich passed such grants are adjusted, thesaid grants or either of them being at thesame time claimed to have originated an-tecedent to such settlement of jurisdiction,shall on the petition of either party to theCongress of the United States, be finally de-


termined as near as may be in the same man-ner as is before presecribed for deciding dis-putes respecting territorial jurisdiction be-tween different States.

The United States in Congress assem-bled shall also have the sole and exclusiveright and power of regulating the alloy andvalue of coin struck by their own authority,or by that of the respective States—fixing thestandards of weights and measures through-out the United States—regulating the tradeand managing all affairs with the Indians, notmembers of any of the States, provided thatthe legislative right of any State within itsown limits be not infringed or violated—es-tablishing or regulating post offices from oneState to another, throughout all the UnitedStates, and exacting such postage on the pa-pers passing through the same as may be req-uisite to defray the expenses of the saidoffice — appointing all officers of the landforces, in the service of the United States, ex-cepting regimental officers—appointing allthe officers of the naval forces, and commis-sioning all officers whatever in the service ofthe United States—making rules for the gov-ernment and regulation of the said land andnaval forces, and directing their operations.

The United States in Congress assem-bled shall have authority to appoint a com-mittee, to sit in the recess of Congress, to bedenominated ‘A Committee of the States,’and to consist of one delegate from eachState; and to appoint such other committeesand civil officers as may be necessary formanaging the general affairs of the UnitedStates under their direction—to appoint oneof their members to preside, provided that noperson be allowed to serve in the office ofpresident more than one year in any term ofthree years; to ascertain the necessary sums ofmoney to be raised for the service of theUnited States, and to appropriate and applythe same for defraying the public expenses—to borrow money, or emit bills on the creditof the United States, transmitting every half-year to the respective States an account of the

sums of money so borrowed or emitted—tobuild and equip a navy—to agree upon thenumber of land forces, and to make requisi-tions from each State for its quota, in propor-tion to the number of white inhabitants insuch State; which requisition shall be bind-ing, and thereupon the legislature of eachState shall appoint the regimental officers,raise the men and cloath, arm and equipthem in a solid-like manner, at the expenseof the United States; and the officers and menso cloathed, armed and equipped shall marchto the place appointed, and within the timeagreed on by the United States in Congressassembled. But if the United States in Con-gress assembled shall, on consideration of cir-cumstances judge proper that any Stateshould not raise men, or should raise a smallernumber of men than the quota thereof, suchextra number shall be raised, officered,cloathed, armed and equipped in the samemanner as the quota of each State, unless thelegislature of such State shall judge that suchextra number cannot be safely spread out inthe same, in which case they shall raise, officer,cloath, arm and equip as many of such extranumber as they judge can be safely spared.And the officers and men so cloathed, armed,and equipped, shall march to the place ap-pointed, and within the time agreed on bythe United States in Congress assembled.

The United States in Congress assem-bled shall never engage in a war, nor grantletters of marque or reprisal in time of peace,nor enter into any treaties or alliances, norcoin money, nor regulate the value thereof,nor ascertain the sums and expenses neces-sary for the defense and welfare of the UnitedStates, or any of them, nor emit bills, norborrow money on the credit of the UnitedStates, nor appropriate money, nor agreeupon the number of vessels of war, to be builtor purchased, or the number of land or seaforces to be raised, nor appoint a commanderin chief of the army or navy, unless nineStates assent to the same: nor shall a questionon any other point, except for adjourning


from day to day be determined, unless by thevotes of the majority of the United States inCongress assembled.

The Congress of the United States shallhave power to adjourn to any time withinthe year, and to any place within the UnitedStates, so that no period of adjournment befor a longer duration than the space of sixmonths, and shall publish the journal of theirproceedings monthly, except such partsthereof relating to treaties, alliances or mili-tary operations, as in their judgement requiresecrecy; and the yeas and nays of the dele-gates of each State on any question shall beentered on the journal, when it is desired byany delegates of a State, or any of them, athis or their request shall be furnished with atranscript of the said journal, except suchparts as are above excepted, to lay before thelegislatures of the several States.

X. The Committee of the States, or anynine of them, shall be authorized to execute,in the recess of Congress, such of the powersof Congress as the United States in Congressassembled, by the consent of the nine States,shall from time to time think expedient tovest them with; provided that no power bedelegated to the said Committee, for the ex-ercise of which, by the Articles of Confeder-ation, the voice of nine States in the Congressof the United States assembled be requisite.

XI. Canada acceding to this confeder-ation, and adjoining in the measures of theUnited States, shall be admitted into, and en-titled to all the advantages of this Union; butno other colony shall be admitted into thesame, unless such admission be agreed to bynine States.

XII. All bills of credit emitted, moniesborrowed, and debts contracted by, or underthe authority of Congress, before the assem-bling of the United States, in pursuance ofthe present confederation, shall be deemedand considered as a charge against the UnitedStates, for payment and satisfaction whereofthe said United States, and the public faithare hereby solemnly pleged.

XIII. Every State shall abide by the de-termination of the United States in Congressassembled, on all questions which by thisconfederation are submitted to them. Andthe Articles of this Confederation shall be in-violably observed by every State, and theUnion shall be perpetual; nor shall any alter-ation at any time hereafter be made in any ofthem; unless such alteration be agreed to ina Congress of the United States, and be af-terwards confirmed by the legislatures ofevery State.

And whereas it hath pleased the GreatGovernor of the World to incline the heartsof the legislatures we respectively representin Congress, to approve of, and to authorizeus to ratify the said Articles of Confederationand perpetual Union. Know Ye that we theundersigned delegates, by virtue of the powerand authority to us given for that purpose, doby these presents, in the name and in behalfof our respective constituents, fully and en-tirely ratify and confirm each and every of thesaid Articles of Confederation and perpetualUnion, and all and singular the matters andthings therein contained: And we do furthersolemnly plight and engage the faith of ourrespective constituents, that they shall abideby the determinations of the United States inCongress assembled, on all questions, whichby the said Confederation are submitted tothem. And that the Articles thereof shall beinviolably observed by the States we respec-tively represent, and that the Union shall beperpetual.

In Witness whereof we have hereuntoset our hands in Congress. Done at Philadel-phia in the State of Pennsylvania the ninthday of July in the Year of our Lord OneThousand Seven Hundred and Seventy-Eight, and in the Third Year of the independ-ence of America.

Agreed to by Congress 15 November1777. In force after ratification by Maryland,1 March 1781.


The History*

The Constitution of the United Statesof America is the supreme law of the UnitedStates. It is the foundation and source of thelegal authority underlying the existence ofthe United States of America and the FederalGovernment of the United States. It providesthe framework for the organization of theUnited States Government. The documentdefines the three main branches of the gov-ernment: The legislative branch with a bi-cameral Congress, an executive branch led bythe President, and a judicial branch headedby the Supreme Court. Besides providing forthe organization of these branches, the Con-stitution outlines obligations of each office,as well as provides what powers each branchmay exercise. It also reserves numerous rightsfor the individual states, thereby establishingthe United States’ federal system of govern-ment. It is the shortest and oldest writtenconstitution of any major sovereign state.

The United States Constitution wasadopted on September 17, 1787, by the Con-stitutional Convention (or Constitutional

Congress) in Philadelphia, Pennsylvania, andlater ratified by conventions in each U.S. statein the name of “The People”; it has sincebeen amended twenty-seven times, the firstten amendments being known as the Bill ofRights. The Articles of Confederation andPerpetual Union was actually the first consti-tution of the United States of America. TheU.S. Constitution replaced the Articles ofConfederation as the governing documentfor the United States after being ratified bynine states. The Constitution has a centralplace in United States law and political cul-ture. The handwritten, or “engrossed,” orig-inal document penned by Jacob Shallus is ondisplay at the National Archives and RecordsAdministration in Washington, D.C.

In September 1786, commissioners fromfive states met in the Annapolis Conventionto discuss adjustments to the Articles of Con-federation that would improve commerce.They invited state representatives to convenein Philadelphia to discuss improvements tothe federal government. After debate, theCongress of the Confederation endorsed theplan to revise the Articles of Confederation

CHAPTER 13

Constitution of the United States(September 17, 1787)


84

*Originally published as “United States Constitution,” Wikipedia, Wikimedia Foundation, Inc., San Francisco, Cal-ifornia, November 2009. For additional information see “Constitution of the United States,” The Charters of Free-dom, U.S. National Archives and Records Administration, College Park, Maryland, 2004. This agency is listed inthe National Resource Directory section of this volume.

on February 21, 1787. Twelve states, RhodeIsland being the only exception, accepted thisinvitation and sent delegates to convene inMay 1787. The resolution calling the Con-vention specified that its purpose was to pro-pose amendments to the Articles, butthrough discussion and debate it becameclear by mid–June that, rather than amendthe existing Articles, the Convention decidedto propose a rewritten Constitution.

The Philadelphia Convention voted tokeep the debates secret, so that the delegatescould speak freely. They also decided to drafta new fundamental government design. De-spite Article 13 of the Articles of Confedera-tion stating that the union created under theArticles was “perpetual” and that any alter-ation must be “agreed to in a Congress of theUnited States, and be afterwards confirmedby the legislatures of every State,” Article VIIof the proposed constitution stipulated thatonly nine of the thirteen states would have toratify for the new government to go into ef-fect (for the participating states). Currentknowledge of the drafting and constructionof the United States Constitution comes pri-marily from the diaries left by James Madi-son, who kept a complete record of the pro-ceedings at the Constitutional Convention.

The Virginia Plan was the unofficialagenda for the Convention, and was draftedchiefly by James Madison, considered to be“The Father of the Constitution” for hismajor contributions. It was weighted towardthe interests of the larger states, and proposedamong other points:

• A powerful bicameral legislature with aHouse and a Senate

• An executive chosen by the legislature• A judiciary, with life-terms of service and

vague powers• The national legislature would be able to

veto state laws

An alternate proposal, William Pater-son’s New Jersey Plan, gave states equalweights and was supported by the smaller

states. Roger Sherman of Connecticut bro-kered The Great Compromise whereby theHouse would represent the people, a Senatewould represent the states, and a presidentwould be elected by electors.

The contentious issue of slavery was toocontroversial to be resolved during the con-vention. As a result, the original Constitutioncontained four provisions tacitly allowingslavery to continue for the next 20 years. Sec-tion 9 of Article I allowed the continued “im-portation” of such persons, Section 2 of Ar-ticle IV prohibited the provision of assistanceto escaping persons and required their returnif successful and Section 2 of Article I definedother persons as “three-fifths” of a person forcalculations of each state’s official populationfor representation for federal taxation. Arti-cle V prohibited any amendments or legisla-tion changing the provision regarding slaveimportation until 1808, thereby giving theStates then existing 20 years to resolve thisissue. The failure to do so was a contribut-ing factor to the Civil War.

Contrary to the process for “alteration”spelled out in Article 13 of the Articles, Con-gress submitted the proposal to the states andset the terms for representation.

On September 17, 1787, the Constitu-tion was completed in Philadelphia at theFederal Convention, followed by a speechgiven by Benjamin Franklin who urged una-nimity, although they decided only ninestates were needed to ratify the constitutionfor it to go into effect. The Convention sub-mitted the Constitution to the Congress ofthe Confederation, where it received approvalaccording to Article 13 of the Articles of Con-federation.

Once the Congress of the Confedera-tion received word of New Hampshire’sratification, it set a timetable for the start ofoperations under the Constitution, and onMarch 4, 1789, the government under theConstitution began operations.

13. Constitution of the United States 85

The Document*

Constitution of the United States

We the People of the United States, inOrder to form a more perfect Union, estab-lish Justice, insure domestic Tranquility, pro-vide for the common defense, promote thegeneral Welfare, and secure the Blessings ofLiberty to ourselves and our Posterity, do or-dain and establish this Constitution for theUnited States of America.

ARTICLE. I

Section. 1.

All legislative Powers herein grantedshall be vested in a Congress of the UnitedStates, which shall consist of a Senate andHouse of Representatives.

Section. 2.

The House of Representatives shall becomposed of Members chosen every secondYear by the People of the several States, andthe Electors in each State shall have the Qual-ifications requisite for Electors of the mostnumerous Branch of the State Legislature.

No Person shall be a Representative whoshall not have attained to the Age of twentyfive Years, and been seven Years a Citizen ofthe United States, and who shall not, whenelected, be an Inhabitant of that State inwhich he shall be chosen.

Representatives and direct Taxes shallbe apportioned among the several Stateswhich may be included within this Union,according to their respective Numbers, whichshall be determined by adding to the wholeNumber of free Persons, including thosebound to Service for a Term of Years, andexcluding Indians not taxed, three fifths of allother Persons. The actual Enumeration shallbe made within three Years after the firstMeeting of the Congress of the United States,

and within every subsequent Term of tenYears, in such Manner as they shall by Lawdirect. The Number of Representatives shallnot exceed one for every thirty Thousand,but each State shall have at Least one Repre-sentative; and until such enumeration shallbe made, the State of New Hampshire shall beentitled to chuse three, Massachusetts eight,Rhode-Island and Providence Plantationsone, Connecticut five, New-York six, NewJersey four, Pennsylvania eight, Delaware one,Maryland six, Virginia ten, North Carolinafive, South Carolina five, and Georgia three.

When vacancies happen in the Repre-sentation from any State, the Executive Au-thority thereof shall issue Writs of Election tofill such Vacancies.

The House of Representatives shallchuse their Speaker and other Officers; andshall have the sole Power of Impeachment.

Section. 3.

The Senate of the United States shall becomposed of two Senators from each State,chosen by the Legislature thereof for sixYears; and each Senator shall have one Vote.

Immediately after they shall be assem-bled in Consequence of the first Election, theyshall be divided as equally as may be intothree Classes. The Seats of the Senators ofthe first Class shall be vacated at the Expira-tion of the second Year, of the second Classat the Expiration of the fourth Year, and ofthe third Class at the Expiration of the sixthYear, so that one third may be chosen everysecond Year; and if Vacancies happen by Res-ignation, or otherwise, during the Recess ofthe Legislature of any State, the Executivethereof may make temporary Appointmentsuntil the next Meeting of the Legislature,which shall then fill such Vacancies.

No Person shall be a Senator who shallnot have attained to the Age of thirty Years,and been nine Years a Citizen of the United


*The text following is a transcription of the U.S. Constitution in its original form. Items that are underlined havesince been either amended or superseded.

States, and who shall not, when elected, bean Inhabitant of that State for which he shallbe chosen.

The Vice President of the United Statesshall be President of the Senate, but shallhave no Vote, unless they be equally divided.

The Senate shall chuse their other Offi-cers, and also a President pro tempore, in theAbsence of the Vice President, or when heshall exercise the Office of President of theUnited States.

The Senate shall have the sole Power totry all Impeachments. When sitting for thatPurpose, they shall be on Oath or Affirma-tion. When the President of the United Statesis tried, the Chief Justice shall preside: Andno Person shall be convicted without theConcurrence of two thirds of the Memberspresent.

Judgment in Cases of Impeachmentshall not extend further than to removal fromOffice, and disqualification to hold and enjoyany Office of honor, Trust or Profit under theUnited States: but the Party convicted shallnevertheless be liable and subject to Indict-ment, Trial, Judgment and Punishment, ac-cording to Law.

Section. 4.

The Times, Places and Manner of hold-ing Elections for Senators and Representatives,shall be prescribed in each State by the Leg-islature thereof; but the Congress may at anytime by Law make or alter such Regulations,except as to the Places of chusing Senators.

The Congress shall assemble at leastonce in every Year, and such Meeting shall beon the first Monday in December, unless theyshall by Law appoint a different Day.

Section. 5.

Each House shall be the Judge of theElections, Returns and Qualifications of itsown Members, and a Majority of each shallconstitute a Quorum to do Business; but asmaller Number may adjourn from day today, and may be authorized to compel theAttendance of absent Members, in such

Manner, and under such Penalties as eachHouse may provide.

Each House may determine the Rulesof its Proceedings, punish its Members fordisorderly Behaviour, and, with the Concur-rence of two thirds, expel a Member.

Each House shall keep a Journal of itsProceedings, and from time to time publishthe same, excepting such Parts as may in theirJudgment require Secrecy; and the Yeas andNays of the Members of either House on anyquestion shall, at the Desire of one fifth ofthose Present, be entered on the Journal.

Neither House, during the Session ofCongress, shall, without the Consent of theother, adjourn for more than three days, norto any other Place than that in which the twoHouses shall be sitting.

Section. 6.

The Senators and Representatives shallreceive a Compensation for their Services, tobe ascertained by Law, and paid out of theTreasury of the United States. They shall inall Cases, except Treason, Felony and Breachof the Peace, be privileged from Arrest dur-ing their Attendance at the Session of theirrespective Houses, and in going to and re-turning from the same; and for any Speechor Debate in either House, they shall not bequestioned in any other Place.

No Senator or Representative shall, dur-ing the Time for which he was elected, beappointed to any civil Office under the Au-thority of the United States, which shall havebeen created, or the Emoluments whereofshall have been encreased during such time;and no Person holding any Office under theUnited States, shall be a Member of eitherHouse during his Continuance in Office.

Section. 7.

All Bills for raising Revenue shall orig-inate in the House of Representatives; butthe Senate may propose or concur withAmendments as on other Bills.

Every Bill which shall have passed theHouse of Representatives and the Senate,


shall, before it become a Law, be presented tothe President of the United States: If he ap-proves he shall sign it, but if not he shall re-turn it, with his Objections to that House inwhich it shall have originated, who shall enterthe Objections at large on their Journal, andproceed to reconsider it. If after such Recon-sideration two thirds of that House shallagree to pass the Bill, it shall be sent, togetherwith the Objections, to the other House, bywhich it shall likewise be reconsidered, andif approved by two thirds of that House, itshall become a Law. But in all such Cases theVotes of both Houses shall be determined byyeas and Nays, and the Names of the Personsvoting for and against the Bill shall be enteredon the Journal of each House respectively. Ifany Bill shall not be returned by the Presidentwithin ten Days (Sundays excepted) after itshall have been presented to him, the Sameshall be a Law, in like Manner as if he hadsigned it, unless the Congress by their Ad-journment prevent its Return, in which Caseit shall not be a Law.

Every Order, Resolution, or Vote towhich the Concurrence of the Senate andHouse of Representatives may be necessary(except on a question of Adjournment) shallbe presented to the President of the UnitedStates; and before the Same shall take Effect,shall be approved by him, or being disap-proved by him, shall be repassed by twothirds of the Senate and House of Represen-tatives, according to the Rules and Limita-tions prescribed in the Case of a Bill.

Section. 8.

The Congress shall have Power To layand collect Taxes, Duties, Imposts and Ex-cises, to pay the Debts and provide for thecommon Defence and general Welfare of theUnited States; but all Duties, Imposts andExcises shall be uniform throughout theUnited States;

To borrow Money on the credit of theUnited States;

To regulate Commerce with foreign Na-

tions, and among the several States, and withthe Indian Tribes;

To establish an uniform Rule of Natu-ralization, and uniform Laws on the subjectof Bankruptcies throughout the United States;

To coin Money, regulate the Valuethereof, and of foreign Coin, and fix theStandard of Weights and Measures;

To provide for the Punishment of coun-terfeiting the Securities and current Coin ofthe United States;

To establish Post Offices and post Roads;To promote the Progress of Science and

useful Arts, by securing for limited Times toAuthors and Inventors the exclusive Right totheir respective Writings and Discoveries;

To constitute Tribunals inferior to thesupreme Court;

To define and punish Piracies andFelonies committed on the high Seas, andOffences against the Law of Nations;

To declare War, grant Letters of Marqueand Reprisal, and make Rules concerningCaptures on Land and Water;

To raise and support Armies, but noAppropriation of Money to that Use shall befor 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, suppressInsurrections and repel Invasions;

To provide for organizing, arming, anddisciplining, the Militia, and for governingsuch Part of them as may be employed in theService of the United States, reserving to theStates respectively, the Appointment of theOfficers, and the Authority of training theMilitia according to the discipline prescribedby Congress;

To exercise exclusive Legislation in allCases whatsoever, over such District (not ex-ceeding ten Miles square) as may, by Cessionof particular States, and the Acceptance ofCongress, become the Seat of the Govern-ment of the United States, and to exercise


like Authority over all Places purchased bythe Consent of the Legislature of the State inwhich the Same shall be, for the Erection ofForts, Magazines, Arsenals, dock-Yards, andother needful Buildings;—And

To make all Laws which shall be neces-sary and proper for carrying into Executionthe foregoing Powers, and all other Powersvested by this Constitution in the Govern-ment of the United States, or in any Depart-ment or Officer thereof.

Section. 9.

The Migration or Importation of suchPersons as any of the States now existing shallthink proper to admit, shall not be prohibitedby the Congress prior to the Year one thou-sand eight hundred and eight, but a Tax orduty may be imposed on such Importation,not exceeding ten dollars for each Person.

The Privilege of the Writ of HabeasCorpus shall not be suspended, unless whenin Cases of Rebellion or Invasion the publicSafety may require it.

No Bill of Attainder or ex post factoLaw shall be passed.

No Capitation, or other direct, Tax shallbe laid, unless in Proportion to the Census orenumeration herein before directed to betaken.

No Tax or Duty shall be laid on Articlesexported from any State.

No Preference shall be given by anyRegulation of Commerce or Revenue to thePorts of one State over those of another; norshall Vessels bound to, or from, one State, beobliged to enter, clear, or pay Duties in aother.

No Money shall be drawn from theTreasury, but in Consequence of Appropria-tions made by Law; and a regular Statementand Account of the Receipts and Expendi-tures of all public Money shall be publishedfrom time to time.

No Title of Nobility shall be granted bythe United States: And no Person holdingany Office of Profit or Trust under them,

shall, without the Consent of the Congress,accept of any present, Emolument, Office, orTitle, of any kind whatever, from any King,Prince, or foreign State.

Section. 10.

No State shall enter into any Treaty, Al-liance, or Confederation; grant Letters ofMarque and Reprisal; coin Money; emit Billsof Credit; make any Thing but gold and sil-ver Coin a Tender in Payment of Debts; passany Bill of Attainder, ex post facto Law, orLaw impairing the Obligation of Contracts,or grant any Title of Nobility.

No State shall, without the Consent ofthe Congress, lay any Imposts or Duties onImports or Exports, except what may be ab-solutely necessary for executing it’s inspectionLaws: and the net Produce of all Duties andImposts, laid by any State on Imports or Ex-ports, shall be for the Use of the Treasury ofthe United States; and all such Laws shall besubject to the Revision and Controul of theCongress.

No State shall, without the Consent ofCongress, lay any Duty of Tonnage, keepTroops, or Ships of War in time of Peace,enter into any Agreement or Compact withanother State, or with a foreign Power, or en-gage in War, unless actually invaded, or insuch imminent Danger as will not admit ofdelay.

ARTICLE. II

Section. 1.

The executive Power shall be vested ina President of the United States of America.He shall hold his Office during the Term offour Years, and, together with the Vice Pres-ident, chosen for the same Term, be elected,as follows:

Each State shall appoint, in such Man-ner as the Legislature thereof may direct, aNumber of Electors, equal to the wholeNumber of Senators and Representatives towhich the State may be entitled in the Con-gress: but no Senator or Representative, or


Person holding an Office of Trust or Profitunder the United States, shall be appointedan Elector.

The Electors shall meet in their respec-tive States, and vote by Ballot for two Per-sons, of whom one at least shall not be an In-habitant of the same State with themselves.And they shall make a List of all the Personsvoted for, and of the Number of Votes foreach; which List they shall sign and certify,and transmit sealed to the Seat of the Gov-ernment of the United States, directed to thePresident of the Senate. The President of theSenate shall, in the Presence of the Senateand House of Representatives, open all theCertificates, and the Votes shall then becounted. The Person having the greatestNumber of Votes shall be the President, ifsuch Number be a Majority of the wholeNumber of Electors appointed; and if therebe more than one who have such Majority,and have an equal Number of Votes, then theHouse of Representatives shall immediatelychuse by Ballot one of them for President;and if no Person have a Majority, then fromthe five highest on the List the said Houseshall in like Manner chuse the President. Butin chusing the President, the Votes shall betaken by States, the Representation from eachState having one Vote; A quorum for thispurpose shall consist of a Member or Mem-bers from two thirds of the States, and a Ma-jority of all the States shall be necessary to aChoice. In every Case, after the Choice of thePresident, the Person having the greatestNumber of Votes of the Electors shall be theVice President. But if there should remaintwo or more who have equal Votes, the Sen-ate shall chuse from them by Ballot the VicePresident.

The Congress may determine the Timeof chusing the Electors, and the Day onwhich they shall give their Votes; which Dayshall be the same throughout the UnitedStates.

No Person except a natural born Citi-zen, 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 thatOffice who shall not have attained to the Ageof thirty five Years, and been fourteen Yearsa Resident within the United States.

In Case of the Removal of the Presidentfrom Office, or of his Death, Resignation, orInability to discharge the Powers and Dutiesof the said Office, the Same shall devolve onthe Vice President, and the Congress may byLaw provide for the Case of Removal, Death,Resignation or Inability, both of the Presi-dent and Vice President, declaring whatOfficer shall then act as President, and suchOfficer shall act accordingly, until the Dis-ability be removed, or a President shall beelected.

The President shall, at stated Times, re-ceive for his Services, a Compensation, whichshall neither be increased nor diminishedduring the Period for which he shall havebeen elected, and he shall not receive withinthat Period any other Emolument from theUnited States, or any of them.

Before he enter on the Execution of hisOffice, he shall take the following Oath orAffirmation:—“I do solemnly swear (oraffirm) that I will faithfully execute the Officeof President of the United States, and will tothe best of my Ability, preserve, protect anddefend the Constitution of the United States.”

Section. 2.

The President shall be Commander inChief of the Army and Navy of the UnitedStates, and of the Militia of the several States,when called into the actual Service of theUnited States; he may require the Opinion,in writing, of the principal Officer in each ofthe executive Departments, upon any Subjectrelating to the Duties of their respectiveOffices, and he shall have Power to grant Re-prieves and Pardons for Offences against theUnited States, except in Cases of Impeach-ment.

He shall have Power, by and with the


Advice and Consent of the Senate, to makeTreaties, provided two thirds of the Senatorspresent concur; and he shall nominate, andby and with the Advice and Consent of theSenate, shall appoint Ambassadors, otherpublic Ministers and Consuls, Judges of thesupreme Court, and all other Officers of theUnited States, whose Appointments are notherein otherwise provided for, and whichshall be established by Law: but the Congressmay by Law vest the Appointment of such in-ferior Officers, as they think proper, in thePresident alone, in the Courts of Law, or inthe Heads of Departments.

The President shall have Power to fill upall Vacancies that may happen during the Re-cess of the Senate, by granting Commissionswhich shall expire at the End of their nextSession.

Section. 3.

He shall from time to time give to theCongress Information of the State of theUnion, and recommend to their Considera-tion such Measures as he shall judge neces-sary and expedient; he may, on extraordinaryOccasions, convene both Houses, or eitherof them, and in Case of Disagreement be-tween them, with Respect to the Time of Ad-journment, he may adjourn them to suchTime as he shall think proper; he shall receiveAmbassadors and other public Ministers; heshall take Care that the Laws be faithfully ex-ecuted, and shall Commission all the Officersof the United States.

Section. 4.

The President, Vice President and allcivil Officers of the United States, shall beremoved from Office on Impeachment for,and Conviction of, Treason, Bribery, or otherhigh Crimes and Misdemeanors.

ARTICLE. III

Section. 1.

The judicial Power of the United Statesshall be vested in one supreme Court, and in

such inferior Courts as the Congress mayfrom time to time ordain and establish. TheJudges, both of the supreme and inferiorCourts, shall hold their Offices during goodBehaviour, and shall, at stated Times, receivefor their Services a Compensation, whichshall not be diminished during their Contin-uance in Office.

Section. 2.

The judicial Power shall extend to allCases, in Law and Equity, arising under thisConstitution, the Laws of the United States,and Treaties made, or which shall be made,under their Authority;—to all Cases affect-ing Ambassadors, other public Ministers andConsuls;—to all Cases of admiralty and mar-itime Jurisdiction;— to Controversies towhich the United States shall be a Party;—to Controversies between two or moreStates;—between a State and Citizens of an-other State,—between Citizens of differentStates,—between Citizens of the same Stateclaiming Lands under Grants of differentStates, and between a State, or the Citizensthereof, and foreign States, Citizens or Sub-jects.

In all Cases affecting Ambassadors,other public Ministers and Consuls, andthose in which a State shall be Party, thesupreme Court shall have original Jurisdic-tion. In all the other Cases before mentioned,the supreme Court shall have appellate Juris-diction, both as to Law and Fact, with suchExceptions, and under such Regulations asthe Congress shall make.

The Trial of all Crimes, except in Casesof Impeachment, shall be by Jury; and suchTrial shall be held in the State where the saidCrimes shall have been committed; but whennot committed within any State, the Trialshall be at such Place or Places as the Con-gress may by Law have directed.

Section. 3.

Treason against the United States, shallconsist only in levying War against them, orin adhering to their Enemies, giving them


Aid and Comfort. No Person shall be con-victed of Treason unless on the Testimony oftwo Witnesses to the same overt Act, or onConfession in open Court.

The Congress shall have Power to de-clare the Punishment of Treason, but no At-tainder of Treason shall work Corruption ofBlood, or Forfeiture except during the Life ofthe Person attainted.

ARTICLE. IV

Section. 1.

Full Faith and Credit shall be given ineach State to the public Acts, Records, andjudicial Proceedings of every other State. Andthe Congress may by general Laws prescribethe Manner in which such Acts, Records andProceedings shall be proved, and the Effectthereof.

Section. 2.

The Citizens of each State shall be en-titled to all Privileges and Immunities of Cit-izens in the several States.

A Person charged in any State withTreason, Felony, or other Crime, who shallflee from Justice, and be found in anotherState, shall on Demand of the executive Au-thority of the State from which he fled, be de-livered up, to be removed to the State havingJurisdiction of the Crime.

No Person held to Service or Labour inone State, under the Laws thereof, escapinginto another, shall, in Consequence of anyLaw or Regulation therein, be dischargedfrom such Service or Labour, but shall be de-livered up on Claim of the Party to whomsuch Service or Labour may be due.

Section. 3.

New States may be admitted by theCongress into this Union; but no new Stateshall be formed or erected within the Juris-diction of any other State; nor any State beformed by the Junction of two or more States,or Parts of States, without the Consent of theLegislatures of the States concerned as well asof the Congress.

The Congress shall have Power to dis-pose of and make all needful Rules and Reg-ulations respecting the Territory or otherProperty belonging to the United States; andnothing in this Constitution shall be so con-strued as to Prejudice any Claims of theUnited States, or of any particular State.

Section. 4.

The United States shall guarantee toevery State in this Union a Republican Formof Government, and shall protect each ofthem against Invasion; and on Applicationof the Legislature, or of the Executive (whenthe Legislature cannot be convened), againstdomestic Violence.

ARTICLE. V

The Congress, whenever two thirds ofboth Houses shall deem it necessary, shallpropose Amendments to this Constitution,or, on the Application of the Legislatures oftwo thirds of the several States, shall call aConvention for proposing Amendments,which, in either Case, shall be valid to all In-tents and Purposes, as Part of this Constitu-tion, when ratified by the Legislatures ofthree fourths of the several States, or by Con-ventions in three fourths thereof, as the oneor the other Mode of Ratification may beproposed by the Congress; Provided that noAmendment which may be made prior to theYear One thousand eight hundred and eightshall in any Manner affect the first and fourthClauses in the Ninth Section of the first Ar-ticle; and that no State, without its Consent,shall be deprived of its equal Suffrage in theSenate.

ARTICLE. VI

All Debts contracted and Engagementsentered into, before the Adoption of thisConstitution, shall be as valid against theUnited States under this Constitution, asunder the Confederation.

This Constitution, and the Laws of theUnited States which shall be made in Pur-


suance thereof ; and all Treaties made, orwhich shall be made, under the Authority ofthe United States, shall be the supreme Lawof the Land; and the Judges in every Stateshall be bound thereby, any Thing in theConstitution or Laws of any State to theContrary notwithstanding.

The Senators and Representatives be-fore mentioned, and the Members of the sev-eral State Legislatures, and all executive andjudicial Officers, both of the United Statesand of the several States, shall be bound byOath or Affirmation, to support this Consti-tution; but no religious Test shall ever be re-quired as a Qualification to any Office orpublic Trust under the United States.

ARTICLE. VII

The Ratification of the Conventions ofnine States, shall be sufficient for the Estab-lishment of this Constitution between theStates so ratifying the Same.

The Word, “the,” being interlined be-tween the seventh and eighth Lines of thefirst Page, the Word “Thirty” being partlywritten on an Erazure in the fifteenth Line ofthe first Page, The Words “is tried” being in-terlined between the thirty second and thirtythird Lines of the first Page and the Word“the” being interlined between the forty thirdand forty fourth Lines of the second Page.Attest William Jackson Secretary

Done in Convention by the UnanimousConsent of the States present the SeventeenthDay of September in the Year of our Lordone thousand seven hundred and Eightyseven and of the Independence of the UnitedStates of America the Twelfth In witnesswhereof We have hereunto subscribed ourNames,

G°. WashingtonPresidt and deputy from Virginia


The History*

In the United States, the Bill of Rightsis the name by which the first ten amend-ments to the United States Constitution areknown. They were introduced by JamesMadison to the First United States Congressin 1789 as a series of articles, and came intoeffect on December 15, 1791, when they hadbeen ratified by three-fourths of the States.Thomas Jefferson was a proponent of the Billof Rights.

The Bill of Rights prohibits Congressfrom making any law respecting an establish-ment of religion or prohibiting the free exer-cise thereof, forbids infringement of “...theright of the people to keep and bear Arms...,”and prohibits the federal government fromdepriving any person of life, liberty, or prop-erty, without due process of law. In federalcriminal cases, it requires indictment by grandjury for any capital or “infamous crime,”guarantees a speedy public trial with an im-partial jury composed of members of thestate or judicial district in which the crimeoccurred, and prohibits double jeopardy. In

addition, the Bill of Rights states that “theenumeration in the Constitution, of certainrights, shall not be construed to deny or dis-parage others retained by the people,” andreserves all powers not granted to the federalgovernment to the citizenry or States. Mostof these restrictions were later applied to thestates by a series of decisions applying thedue process clause of the Fourteenth Amend-ment, which was ratified in 1868, after theAmerican Civil War.

Madison proposed the Bill of Rightswhile ideological conflict between Federal-ists and anti–Federalists, dating from the1787 Philadelphia Convention, threatenedthe overall ratification of the new nationalConstitution. It largely responded to theConstitution’s influential opponents, includ-ing prominent Founding Fathers, who arguedthat the Constitution should not be ratifiedbecause it failed to protect the basic princi-ples of human liberty. The Bill was influ-enced by George Mason’s 1776 Virginia Dec-laration of Rights, the 1689 English Bill of Rights, works of the Age of Enlighten-ment pertaining to natural rights, and earlier

CHAPTER 14

Bill of Rights(December 15, 1791)

United States Congress

94

*Originally published as “United States Bill of Rights,” Wikipedia, Wikimedia Foundation, Inc., San Francisco, Cal-ifornia, November 2009. For additional information see “Bill of Rights,” The Charters of Freedom, U.S. NationalArchives and Records Administration, College Park, Maryland, 2004. This agency is listed in the National ResourceDirectory section of this volume.

English political documents such as MagnaCarta (1215).

Two additional articles were proposedto the States; only the final ten articles wereratified quickly and correspond to the Firstthrough Tenth Amendments to the Consti-tution. The first Article, dealing with thenumber and apportionment of U.S. Repre-sentatives, never became part of the Consti-tution. The second Article, limiting the abil-ity of Congress to increase the salaries of itsmembers, was ratified two centuries later asthe 27th Amendment. Though they are in-corporated into the document known as the“Bill of Rights,” neither article establishes aright as that term is used today. For that rea-son, and also because the term had been ap-plied to the first ten amendments long beforethe 27th Amendment was ratified, the term“Bill of Rights” in modern U.S. usage meansonly the ten amendments ratified in 1791.

The Bill of Rights plays a central role inAmerican law and government, and remainsa fundamental symbol of the freedoms andculture of the nation. One of the originalfourteen copies of the Bill of Rights is onpublic display at the National Archives inWashington, D.C.

The Document

Bill of Rights

The Preamble to The Bill of RightsCongress of the United States begun

and held at the City of New York, on Wednes-day the fourth of March, one thousand sevenhundred and eighty nine.

THE Conventions of a number of theStates, having at the time of their adoptingthe Constitution, expressed a desire, in orderto prevent misconstruction or abuse of itspowers, that further declaratory and restric-tive clauses should be added. And as extend-ing the ground of public confidence in theGovernment, will best ensure the beneficentends of its institution.

RESOLVED by the Senate and Houseof Representatives of the United States ofAmerica, in Congress assembled, two thirdsof both Houses concurring, that the follow-ing Articles be proposed to the Legislaturesof the several States, as amendments to theConstitution of the United States, all, or anyof which Articles, when ratified by threefourths of the said Legislatures, to be valid toall intents and purposes, as part of the saidConstitution; viz.

ARTICLES in addition to, and Amend-ment of the Constitution of the United Statesof America, proposed by Congress, andratified by the Legislatures of the severalStates, pursuant to the fifth Article of theoriginal Constitution.

AMENDMENT I

Congress shall make no law respectingan establishment of religion, or prohibitingthe free exercise thereof ; or abridging thefreedom of speech, or of the press; or theright of the people peaceably to assemble,and to petition the Government for a redressof grievances.

AMENDMENT II

A well-regulated militia, being neces-sary to the security of a free State, the rightof the people to keep and bear arms, shallnot be infringed.

AMENDMENT III

No soldier shall, in time of peace bequartered in any house, without the consentof the owner, nor in time of war, but in amanner to be prescribed by law.

AMENDMENT IV

The right of the people to be secure intheir persons, houses, papers, and effects,against unreasonable searches and seizures,shall not be violated, and no warrants shallissue, but upon probable cause, supported byoath or affirmation, and particularly describ-


ing the place to be searched, and the personsor things to be seized.

AMENDMENT V

No person shall be held to answer for acapital, or otherwise infamous crime, unlesson a presentment or indictment of a GrandJury, except in cases arising in the land or navalforces, or in the militia, when in actual serv-ice in time of war or public danger; nor shallany person be subject for the same offense tobe twice put in jeopardy of life or limb; norshall be compelled in any criminal case to bea witness against himself, nor be deprived oflife, liberty, or property, without due processof law; nor shall private property be taken forpublic use without just compensation.

AMENDMENT VI

In all criminal prosecutions, the accusedshall enjoy the right to a speedy and publictrial, by an impartial jury of the State anddistrict wherein the crime shall have beencommitted, which district shall have beenpreviously ascertained by law, and to be in-formed of the nature and cause of the accu-sation; to be confronted with the witnessesagainst him; to have compulsory process forobtaining witnesses in his favor, and to havethe assistance of counsel for his defense.

AMENDMENT VII

In suits at common law, where the valuein controversy shall exceed twenty dollars,

the right of trial by jury shall be preserved,and no fact tried by a jury shall be otherwisereexamined in any court of the United States,than according to the rules of the commonlaw.

AMENDMENT VIII

Excessive bail shall not be required, norexcessive fines imposed, nor cruel and un-usual punishments inflicted.

AMENDMENT IX

The enumeration in the Constitution,of certain rights, shall not be construed todeny or disparage others retained by the peo-ple.

AMENDMENT X

The powers not delegated to the UnitedStates by the Constitution, nor prohibited byit to the States, are reserved to the States re-spectively, or to the people.

NOTE

The capitalization and punctuation in this version isfrom the enrolled original of the Joint Resolution of Con-gress proposing the Bill of Rights, which is on permanentdisplay in the Rotunda of the National Archives Building,Washington, D.C. The above text is a transcription of thefirst ten amendments to the Constitution in their originalform.


The History*

The authority to amend the Constitu-tion of the United States is derived from Ar-ticle V of the Constitution. After Congressproposes an amendment, the Archivist of the United States, who heads the Na-tional Archives and Records Administration(NARA), is charged with responsibility for ad-ministering the ratification process under theprovisions of the United States Code (USC).

The Archivist has delegated many of theministerial duties associated with this func-tion to the Director of the Federal Register.Neither Article V of the Constitution nor sec-tion 106b describe the ratification process indetail. The Archivist and the Director of theFederal Register follow procedures and cus-toms established by the Secretary of State, whoperformed these duties until 1950, and the Ad-ministrator of General Services, who servedin this capacity until NARA assumed respon-sibility as an independent agency in 1985.

The Constitution provides that an

amendment may be proposed either by theCongress with a two-thirds majority vote inboth the House of Representatives and theSenate or by a constitutional conventioncalled for by two-thirds of the State legisla-tures. None of the 27 amendments of theConstitution have been proposed by consti-tutional convention. The Congress proposesan amendment in the form of a joint resolu-tion. Since the President does not have a con-stitutional role in the amendment process,the joint resolution does not go to the WhiteHouse for signature or approval. The origi-nal document is forwarded directly toNARA’s Office of the Federal Register (OFR)for processing and publication. The OFRadds legislative history notes to the joint res-olution and publishes it in slip law format.The OFR also assembles an informationpackage for the States which includes formal“red-line” copies of the joint resolution,copies of the joint resolution in slip law for-mat, and the statutory procedure forratification under 1 U.S.C. 106b.

CHAPTER 15

Other Amendments to the Constitution of the United States

(February 7, 1795, to May 7, 1992)


97

*Originally published as “The Constitutional Amendment Process,” The Federal Register, The National Archives,U.S. National Archives and Records Administration, College Park, Maryland, 2008. For additional information see“The Constitutional Amendment Process, The Federal Register, U.S. National Archives and Records Administra-tion, College Park, Maryland, 2008. This agency is listed in the National Resource Directory section of this volume.

The Archivist submits the proposedamendment to the Senate for their consider-ation by sending a letter of notification toeach Governor along with the informationalmaterial prepared by the OFR. The Gover-nors then formally submit the amendment totheir State legislatures. In the past, some Statelegislatures have not waited to receive officialnotice before taking action on a proposedamendment. When a State ratifies a proposedamendment, it sends the Archivist an origi-nal or certified copy of the State action, whichis immediately conveyed to the Director ofthe Federal Register. The OFR examinesratification documents for facial legalsufficiency and an authenticating signature.If the documents are found to be in goodorder, the Director acknowledges receipt andmaintains custody of them. The OFR retainsthese documents until an amendment isadopted or fails, and then transfers the recordsto the National Archives for preservation.

A proposed amendment becomes partof the Constitution as soon as it is ratified bythree-fourths of the States (38 of 50 States).When the OFR verifies that it has receivedthe required number of authenticated ratifi-cation documents, it drafts a formal procla-mation for the Archivist to certify that theamendment is valid and has become part ofthe Constitution. This certification is pub-lished in the Federal Register and U.S. Statutesat Large and serves as official notice to theCongress and to the Nation that the amend-ment process has been completed.

In a few instances, States have sentofficial documents to NARA to record the re-jection of an amendment or the rescission ofa prior ratification. The Archivist does notmake any substantive determinations as tothe validity of State ratification actions, butit has been established that the Archivist’s cer-tification of the facial legal sufficiency of rat-ification documents is final and conclusive.

In recent history, the signing of thecertification has become a ceremonial func-tion attended by various dignitaries, which

may include the President. President Johnsonsigned the certifications for the 24th and25th Amendments as a witness, and Presi-dent Nixon similarly witnessed the certifica-tion of the 26th Amendment along withthree young scholars. On May 18, 1992, theArchivist performed the duties of the certi-fying official for the first time to recognize theratification of the 27th Amendment, and theDirector of the Federal Register signed thecertification as a witness.

The Document

Other Amendments of the Constitution of the United States(Amendments XI to XXVII)

Constitutional Amendments 1 –10 makeup what is known as The Bill of Rights.Amendments 11 –27 are given below.

AMENDMENT XI

Note: Article III, section 2, of the Con-stitution was modified by the 11th amendment.Passed by Congress March 4, 1794. Ratified

February 7, 1795.

The Judicial power of the United Statesshall not be construed to extend to any suitin law or equity, commenced or prosecutedagainst one of the United States by citizensof another State, or by Citizens or Subjectsof any Foreign State.

AMENDMENT XII

Note: A portion of Article II, section 1of the Constitution was superseded by the12th amendment.Passed by Congress December 9, 1803. Ratified

July 27, 1804.

The Electors shall meet in their respec-tive States and vote by ballot for Presidentand Vice-President, one of whom, at least,shall not be an inhabitant of the same statewith themselves; they shall name in their bal-lots the person voted for as President, and in


distinct ballots the person voted for as Vice-President, and of the number of votes foreach, which lists they shall sign and certify,and transmit sealed to the seat of the Gov-ernment of the United States, directed to thePresident of the Senate; the President of theSenate shall, in the presence of the Senateand House of Representatives, open all thecertificates and the votes shall then becounted;—The person having the greatestnumber of votes for President, shall be thePresident, if such number be a majority ofthe whole number of Electors appointed; andif no person have such majority, then fromthe persons having the highest numbers notexceeding three on the list of those voted foras President, the House of Representativesshall choose immediately, by ballot, the Pres-ident. But in choosing the President, thevotes shall be taken by States, the represen-tation from each State having one vote; aquorum for this purpose shall consist of amember or members from two-thirds of theStates, and a majority of all the States shallbe necessary to a choice. [And if the Houseof Representatives shall not choose a Presi-dent whenever the right of choice shall de-volve upon them, before the fourth day ofMarch next following, then the Vice-Presi-dent shall act as President, as in case of thedeath or other constitutional disability of thePresident.—]* The person having the great-est number of votes as Vice-President, shallbe the Vice-President, if such numbers be amajority of the whole number of electors ap-pointed, and if no person have a majority,then from the two highest numbers on thelist, the Senate shall choose the Vice-Presi-dent; a quorum for the purpose shall consistof two-thirds of the whole number of Sena-tors, and a majority of the whole numbershall be necessary to a choice. But no personconstitutionally ineligible to the office ofPresident shall be eligible to that of Vice-President of the United States.

AMENDMENT XIII

Note: A portion of Article IV, section 2,of the Constitution was superseded by the13th Amendment.Passed by Congress January 31, 1865. Ratified

December 6, 1865.

Section 1.

Neither slavery nor involuntary servi-tude, except as a punishment for crimewhereof the party shall have been duly con-victed, shall exist within the United States, orany place subject to their jurisdiction.

Section 2.

Congress shall have power to enforcethis article by appropriate legislation.

AMENDMENT XIV

Note: Article I, section 2, of the Con-stitution was modified by section 2 of the14th amendment.Passed by Congress June 13, 1866. Ratified July

9, 1868.

Section 1.

All persons born or naturalized in theUnited States, and subject to the jurisdictionthereof, are citizens of the United States andof the State wherein they reside. No Stateshall make or enforce any law which shallabridge the privileges or immunities of citi-zens of the United States; nor shall any Statedeprive any person of life, liberty, or prop-erty, without due process of law; nor to denyto any person within its jurisdiction the equalprotection of the laws.

Section 2.

Representatives shall be apportionedamong the several States according to theirrespective numbers, counting the wholenumber of persons in each State, excludingIndians not taxed. But when the right to voteat any election for the choice of Electors forPresident and Vice-President of the UnitedStates, Representatives in Congress, the exec-utive and judicial officers of a State, or the

15. Other Amendments to the Constitution of the United States 99

*Superseded by section 3 of the 20th amendment.

members of the legislature thereof, is deniedto any of the male inhabitants of such State,being twenty-one years of age,* and citizensof the United States, or in any way abridged,except for participation in rebellion, or othercrime, the basis of representation thereinshall be reduced in the proportion which thenumber of such male citizens shall bear tothe whole number of male citizens twenty-one years of age in such State.

Section 3.

No person shall be a Senator or Repre-sentative in Congress, or Elector of Presidentand Vice-President, or hold any office, civilor military, under the United States, or underany State, who, having previously taken anoath, as a member of Congress, or as anofficer of the United States, or as a memberof any State Legislature, or as an executive orjudicial officer of any State, to support theConstitution of the United States, shall haveengaged in insurrection or rebellion againstthe same, or given aid or comfort to the en-emies thereof. But Congress may by a vote oftwo-thirds of each House, remove such dis-ability.

Section 4.

The validity of the public debt of theUnited States, authorized by law, includingdebts incurred for payment of pensions andbounties for services in suppressing insurrec-tion or rebellion, shall not be questioned. Butneither the United States nor any State shallassume or pay any debt or obligation in-curred in aid of insurrection or rebellionagainst the United States, or any claim forthe loss or emancipation of any slave; but allsuch debts, obligations and claims shall beheld illegal and void.

Section 5.

The Congress shall have the power toenforce, by appropriate legislation, the pro-visions of this article.

AMENDMENT XV

Passed by Congress February 26, 1869. Ratified

February 3, 1870.

Section 1.

The right of citizens of the UnitedStates to vote shall not be denied or abridgedby the United States or by any State on ac-count of race, color, or previous conditionof servitude.

Section 2.

The Congress shall have the power toenforce this article by appropriate legislation.

AMENDMENT XVI

Note: Article I, section 3, of the Consti-tution was modified by the 17th amendment.Passed by Congress July 2, 1909. Ratified Feb-

ruary 3, 1913.

The Congress shall have power to layand collect taxes on incomes, from whateversources derived, without apportionmentamong the several States, and without regardto any census or enumeration.

AMENDMENT XVII

Note: Article I, section 3, of the Consti-tution was modified by the 17th amendment.Passed by Congress May 13, 1912. Ratified April

8, 1913.

The Senate of the United States shall becomposed of two Senators from each State,elected by the people thereof, for six years;and each Senator shall have one vote. Theelectors in each State shall have the qualifi-cations requisite for electors of the most nu-merous branch of the State Legislatures.

When vacancies happen in the repre-sentation of any State in the Senate, the ex-ecutive authority of such State shall issuewrits of election to fill such vacancies: Pro-vided, That the Legislature of any State mayempower the Executive thereof to make tem-porary appointments until the people fill thevacancies by election as the Legislature maydirect.


*Changed by section 1 of the 26th amendment.

This amendment shall not be so con-strued as to affect the election or term of anySenator chosen before it becomes valid aspart of the Constitution.

AMENDMENT XVIII

Passed by Congress December 18, 1917. Ratified

January 16, 1919. Repealed by amendment 21.

Section 1.

After one year from the ratification ofthis article the manufacture, sale, or trans-portation of intoxicating liquors within, theimportation thereof into, or the exportationthereof from the United States and all terri-tory subject to the jurisdiction thereof forbeverage purposes is hereby prohibited.

Section 2.

The Congress and the several Statesshall have concurrent power to enforce thisarticle by appropriate legislation.

Section 3.

This article shall be inoperative unless itshall have been ratified as an amendment tothe Constitution by the Legislatures of theseveral States, as provided in the Constitu-tion, within seven years from the date of thesubmission hereof to the States by the Con-gress.

AMENDMENT XIX

Passed by Congress June 4, 1919. Ratified Au-

gust 18, 1920.

The right of citizens of the UnitedStates to vote shall not be denied or abridgedby the United States or by any State on ac-count of sex.


AMENDMENT XX

Note: Article I, section 4, of the Con-stitution was modified by section 2 of thisamendment. In addition, a portion of the12th amendment was superseded by section3.

Passed by Congress March 2, 1932. Ratified

January 23, 1933.

Section 1.

The terms of the President and theVice-President shall end at noon on the 20thday of January, and the terms of Senators andRepresentatives at noon on the 3rd day ofJanuary, of the years in which such termswould have ended if this article had not beenratified; and the terms of their successors shallthen begin.

Section 2.

The Congress shall assemble at leastonce in every year, and such meeting shallbegin at noon on the 3rd day of January, un-less they shall by law appoint a different day.

Section 3.

If, at the time fixed for the beginning ofthe term of the President, the President electshall have died, the Vice-President elect shallbecome President. If a President shall nothave been chosen before the time fixed forthe beginning of his term, or if the Presidentelect shall have failed to qualify, then theVice-President elect shall act as Presidentuntil a President shall have qualified; and theCongress may by law provide for the casewherein neither a President elect nor a Vice-President shall have qualified, declaring whoshall then act as President, or the manner inwhich one who is to act shall be selected, andsuch person shall act accordingly until a Pres-ident or Vice-President shall have qualified.

Section 4.

The Congress may by law provide forthe case of the death of any of the personsfrom whom the House of representatives maychoose a President whenever the right ofchoice shall have devolved upon them, andfor the case of the death of any of the personsfrom whom the Senate may choose a Vice-President whenever the right of choice shallhave devolved upon them.


Section 5.

Sections 1 and 2 shall take effect on the15th day of October following the ratificationof this article (October 1933).

Section 6.

This article shall be inoperative unless itshall have been ratified as an amendment tothe Constitution by the Legislatures of three-fourths of the several States within sevenyears from the date of its submission.

AMENDMENT XXI

Passed by Congress February 20, 1933. Ratified

December 5, 1933.

Section 1.

The Eighteenth article of amendmentto the Constitution of the United States ishereby repealed.

Section 2.

The transportation or importation intoany State, Territory, or Possession of theUnited States for delivery or use therein ofintoxicating liquors, in violation of the lawsthereof, is hereby prohibited.

Section 3.

This article shall be inoperative unless itshall have been ratified as an amendment tothe Constitution by conventions in the sev-eral States, as provided in the Constitution,within seven years from the date of the sub-mission hereof to the States by the Congress.

AMENDMENT XXII

Passed by Congress March 21, 1947. Ratified

February 27, 1951.

Section 1.

No person shall be elected to the officeof the President more than twice, and no per-son who has held the office of President, oracted as President, for more that two years ofa term to which some other person waselected President shall be elected to the officeof President more than once.

Section 2.

This article shall be inoperative unless itshall have been ratified as an amendment tothe Constitution by the Legislatures of three-fourths of the several States within sevenyears from the date of its submission to theStates by the Congress.

AMENDMENT XXIII

Passed by Congress June 16, 1960. Ratified

March 29, 1961.

Section 1.

The District constituting the seat ofGovernment of the United States shall ap-point in such manner as Congress may direct:

A number of electors of President andVice President equal to the whole number ofSenators and Representatives in Congress towhich the District would be entitled if it werea State, but in no event more than the leastpopulous State; they shall be in addition tothose appointed by the States, but they shallbe considered, for the purposes of the elec-tion of President and Vice President, to beelectors appointed by a State; and they shallmeet in the District and perform such dutiesas provided by the twelfth article of amend-ment.

Section 2.

The Congress shall have power to en-force this article by appropriate legislation.

AMENDMENT XXIV

Passed by Congress August 27, 1962. Ratified

January 23, 1964.

Section 1.

The right of citizens of the UnitedStates to vote in any primary or other elec-tion for President or Vice President, for elec-tors for President or Vice President, or forSenator or Representative in Congress, shallnot be denied or abridged by the UnitedStates or any State by reason of failure to paypoll tax or any other tax.


Section 2.


AMENDMENT XXV

Note: Article II, section 1, of the Con-stitution was affected by the 25th amendment.Passed by Congress July 6, 1965. Ratified Feb-

ruary 10, 1967.

Section 1.

In case of the removal of the Presidentfrom office or of his death or resignation, theVice President shall become President.

Section 2.

Whenever there is a vacancy in the officeof the Vice President, the President shallnominate a Vice President who shall take theoffice upon confirmation by a majority voteof both houses of Congress.

Section 3.

Whenever the President transmits to thePresident Pro tempore of the Senate and theSpeaker of the House of Representatives hiswritten declaration that he is unable to dis-charge the powers and duties of his office,and until he transmits to them a written dec-laration to the contrary, such powers and du-ties shall be discharged by the Vice Presidentas Acting President.

Section 4.

Whenever the Vice President and a ma-jority of either the principal officers of theexecutive departments or of such other bodyas Congress may by law provide, transmits tothe President Pro tempore of the Senate andthe Speaker of the House of Representativestheir written declaration that the President isunable to discharge the powers and duties ofhis office, the Vice President shall immedi-ately assume the powers and duties of theoffice as Acting President.

Thereafter, when the President trans-mits to the President Pro tempore of the Sen-ate and the Speaker of the House of Repre-sentatives his written declaration that no

inability exists, he shall resume the powersand duties of his office unless the Vice Pres-ident and a majority of either the principalofficers of the executive departments or ofsuch other body as Congress may by law pro-vide, transmits within four days to the Pres-ident Pro tempore of the Senate and theSpeaker of the House of Representatives theirwritten declaration that the President is un-able to discharge the powers and duties of hisoffice. Thereupon Congress shall decide theissue, assembling within forty-eight hoursfor that purpose if not in session. If the Con-gress, within twenty-one days after receipt ofthe latter written declaration, or, if Congressis not in session within twenty-one days afterCongress is required to assemble, determinesby two-thirds vote of both houses that thePresident is unable to discharge the powersand duties of his office, the Vice Presidentshall continue to discharge the same as Act-ing President; otherwise, the President shallresume the powers and duties of his office.

AMENDMENT XXVI

Note: Amendment 14, section 2, of theConstitution was modified by section 1 of the26th amendment.Passed by Congress March 23, 1971. Ratified

June 30, 1971.

Section 1.

The right of citizens of the UnitedStates, who are 18 years of age or older, tovote shall not be denied or abridged by theUnited States or any state on account of age.

Section 2.

The Congress shall have power to en-force this article by appropriate legislation.

AMENDMENT XXVII

Originally proposed September 25, 1789.

Ratified May 7, 1992.

No law, varying the compensation forservices of the Senators and Representatives,shall take effect, until an election of Repre-sentatives shall have intervened.


The History*

In the 1960s, Americans who knew onlythe potential of “equal protection of the laws”expected by the president, the Congress, andthe courts to fulfill the promise of the 14thAmendment. In response, all three branchesof the federal government—as well as thepublic at large—debated a fundamental con-stitutional question: Does the Constitution’sprohibition of denying equal protection al-ways ban the use of racial, ethnic, or gendercriteria in an attempt to bring social justiceand social benefits?

In 1964 Congress passed Public Law 82-352 (78 Stat. 241). The provisions of thiscivil rights act forbade discrimination on thebasis of sex as well as race in hiring, promot-ing, and firing. The word “sex” was added atthe last moment. According to the West En-

cyclopedia of American Law, RepresentativeHoward W. Smith (D-VA) added the word.His critics argued that Smith, a conservativeSouthern opponent of federal civil rights, didso to kill the entire bill. Smith, however, ar-

gued that he had amended the bill in keep-ing with his support of Alice Paul and theNational Women’s Party with whom he hadbeen working. Martha W. Griffiths (D-MI)led the effort to keep the word “sex” in thebill.

In the final legislation, Section 703 (a)made it unlawful for an employer to “fail orrefuse to hire or to discharge any individual,or otherwise to discriminate against any in-dividual with respect to his compensation,terms, conditions or privileges or employ-ment, because of such individual’s race,color, religion, sex, or national origin.” Thefinal bill also allowed sex to be a consid-eration when sex is a bona fide occupa-tional qualification for the job. Title VII ofthe act created the Equal Employment Op-portunity Commission (EEOC) to imple-ment the law.

Subsequent legislation expanded therole of the EEOC. Today, according to theU.S. Government Manual of 1998 –99, theEEOC enforces laws that prohibit discrimi-nation based on race, color, religion, sex, na-

CHAPTER 16

Civil Rights Act( July 2, 1964)


104

*Originally published as “Teaching With Documents: The Civil Rights Act of 1964 and the Equal OpportunityEmployment Commission,” Educators and Students Report, The National Archives, U.S. National Archives andRecords Administration, College Park, Maryland, 2008. For additional information see “Teaching with Documents:The Civil Rights Act of 1964 and the Equal Employment Opportunity Commission,” Educators and Students Re-port, U.S. National Archives and Records Administration, College Park, Maryland, 2008. This agency is listed inthe National Resource Directory section of this volume.

tional origin, disability, or age in hiring, pro-moting, firing, setting wages, testing, train-ing, apprenticeship, and all other terms andconditions of employment. Race, color, sex,creed, and age are not protected classes. Theproposal to add each group to protected-classstatus unleashed furious debate. But nowords stimulate the passion of the debatemore than “affirmative action.”

As West defines the term, affirmative ac-tion “refers to both mandatory and volun-tary programs intended to affirm the civilrights of designated classes of individuals bytaking positive action to protect them” fromdiscrimination. The issue for most Ameri-cans is fairness: Should the equal protectionclause of the 14th Amendment be used to ad-vance the liberty of one class of individualsfor good reasons when that action may in-fringe on the liberty of another?

The EEOC, as an independent regula-tory body, plays a major role in dealing withthis issue. Since its creation in 1964, Congresshas gradually extended EEOC powers to in-clude investigatory authority, creating concil-iation programs, filing lawsuits, and conduct-ing voluntary assistance programs. While theCivil Rights Act of 1964 did not mention thewords affirmative action, it did authorize thebureaucracy to make rules to help end dis-crimination. The EEOC has done so.

Today the regulatory authority of theEEOC includes enforcing a range of federalstatutes prohibiting employment discrimina-tion. According to the EEOC’s own Website, these include Title VII of the CivilRights Act of 1964 that prohibits employ-ment discrimination on the basis of race,color, religion, sex, or national origin; theAge Discrimination in Employment Act of1967, and its amendments, that prohibits em-ployment discrimination against individuals40 years of age or older; the Equal Pay Actof 1963 that prohibits discrimination on thebasis of gender in compensation for substan-tially similar work under similar conditions;Title I of the Americans with Disabilities Act

of 1990 that prohibits employment discrim-ination on the basis of disability in both thepublic and private sector, excluding the fed-eral government; the Civil Rights Act of 1991that provides for monetary damages in caseof intentional discrimination; and Section501 of the Rehabilitation Act of 1973, asamended, that prohibits employment dis-crimination against federal employees withdisabilities. Title IX of the Education Act of1972 forbade gender discrimination in edu-cation programs, including athletics, that re-ceived federal dollars. In the late 1970s Con-gress passed the Pregnancy DiscriminationAct. This made it illegal for employers to ex-clude pregnancy and childbirth from theirsick leave and health benefits plans.

Presidents also weighed in, employing aseries of executive orders. President LyndonB. Johnson ordered all executive agencies torequire federal contractors to “take affirmativeaction to ensure that applicants are employedand that employees are treated during em-ployment without regard to race, color, reli-gion, sex, or national origin.” This markedthe first use of the phrase “affirmative action.”In 1969 an executive order required that everylevel of federal service offer equal opportuni-ties for women and established a program toimplement that action. President RichardNixon’s Department of Labor adopted a planrequiring federal contractors to assess theiremployees to identify gender and race andto set goals to end any under-representationof women and minorities. By the 1990s De-mocratic and Republican administrationshad taken a variety of actions that resulted in160 different affirmative action federal pro-grams. State and local governments were fol-lowing suit.

The courts also addressed affirmative ac-tion. In addition to dealing with race, color,creed, and age, from the 1970s forward, thecourt dealt with gender questions. It voidedarbitrary weight and height requirements(Dothard v. Rawlinson), erased mandatorypregnancy leaves (Cleveland Board of Educa-

16. Civil Rights Act 105

tion v. LaFleur), allowed public employers touse carefully constructed affirmative actionplans to remedy specific past discriminationthat resulted in women and minorities beingunder-represented in the workplace (Johnson

v. Transportation Agency, Santa Clara County),and upheld state and local laws prohibitinggender discrimination.

By the late 1970s all branches of the fed-eral government and most state governmentshad taken at least some action to fulfill thepromise of equal protection under the law.The EEOC served as the agent of implemen-tation and complaint. Its activism dividedliberals and conservatives, illuminating theirdiffering views about the proper scope ofgovernment. In general, the political liberalsembraced the creation of the EEOC as thebirth of a federal regulatory authority thatcould promote the goal of equality by de-signing policies to help the historically dis-advantaged, including women and minori-ties. In contrast, political conservatives sawthe EEOC as a violation of their belief infewer government regulations and fewer fed-eral policies. To them, creating a strong econ-omy, free from government intervention,would produce gains that would benefit thehistorically disadvantaged. Even the nonide-ological segment of the American populationasked: What should government do, if any-thing, to ensure equal protection under thelaw?

In fiscal year 1997, the EEOC collected$111 million dollars in financial benefits forpeople who filed claims of discrimination. Itsrecent successful efforts include a $34 millionsettlement in a sexual harassment case withMitsubishi Motor Manufacturing of Amer-ica, resulting in the company’s adoption ofchanges to its sexual harassment preventionpolicy. Working with state and local pro-grams, the EEOC processes 48,000 claimsannually.

The Document

Civil Rights Act

To enforce the constitutional right tovote, to confer jurisdiction upon the districtcourts of the United States to provide in-junctive relief against discrimination in pub-lic accommodations, to authorize the Attor-ney General to institute suits to protectconstitutional rights in public facilities andpublic education, to extend the Commissionon Civil Rights, to prevent discrimination infederally assisted programs, to establish aCommission on Equal Employment Oppor-tunity, and for other purposes.

Be it enacted by the Senate and Houseof Representatives of the United States ofAmerica in Congress assembled, That thisAct may be cited as the “Civil Rights Act of1964.”

TITLE I—VOTING RIGHTS

SEC. 101. Section 2004 of the RevisedStatutes (42 U.S.C. 1971), as amended by sec-tion 131 of the Civil Rights Act of 1957 (71Stat. 637), and as further amended by section601 of the Civil Rights Act of 1960 (74 Stat.90), is further amended as follows:

(a) Insert “1” after “(a)” in subsection(a) and add at the end of subsection (a) thefollowing new paragraphs:

“(2) No person acting under color oflaw shall—

“(A) in determining whether any indi-vidual is qualified under State law or laws tovote in any Federal election, apply any stan-dard, practice, or procedure different fromthe standards, practices, or procedures ap-plied under such law or laws to other indi-viduals within the same county, parish, orsimilar political subdivision who have beenfound by State officials to be qualified tovote;

“(B) deny the right of any individualto vote in any Federal election because of anerror or omission on any record or paper re-


lating to any application, registration, orother act requisite to voting, if such error oromission is not material in determiningwhether such individual is qualified underState law to vote in such election; or

“(C) employ any literacy test as aqualification for voting in any Federal elec-tion unless (i) such test is administered toeach individual and is conducted wholly inwriting, and (ii) a certified copy of the testand of the answers given by the individual isfurnished to him within twenty-five days ofthe submission of his request made withinthe period of time during which records andpapers are required to be retained and pre-served pursuant to title III of the Civil RightsAct of 1960 (42 U.S.C. 1974—74e; 74 Stat.88): Provided, however, That the AttorneyGeneral may enter into agreements with ap-propriate State or local authorities thatpreparation, conduct, and maintenance ofsuch tests in accordance with the provisionsof applicable State or local law, includingsuch special provisions as are necessary in thepreparation, conduct, and maintenance ofsuch tests for persons who are blind or oth-erwise physically handicapped, meet the pur-poses of this subparagraph and constitutecompliance therewith.

“(3) For purposes of this subsection—“(A) the term ‘vote’ shall have the same

meaning as in subsection (e) of this section;“(B) the phrase ‘literacy test’ includes

any test of the ability to read, write, under-stand, or interpret any matter.”

(b) Insert immediately following theperiod at the end of the first sentence of sub-section (c) the following new sentence: “Ifin any such proceeding literacy is a relevantfact there shall be a rebuttable presumptionthat any person who has not been adjudgedan incompetent and who has completed thesixth grade in a public school in, or a privateschool accredited by, any State or territory,the District of Columbia, or the Common-wealth of Puerto Rico where instruction iscarried on predominantly in the English lan-

guage, possesses sufficient literacy, compre-hension, and intelligence to vote in any Fed-eral election.”

(c) Add the following subsection “(f )”and designate the present subsection “(f )” assubsection “(g)”: “(f ) When used in subsection(a) or (c) of this section, the words ‘Federalelection’ shall mean any general, special, orprimary election held solely or in part for thepurpose of electing or selecting any candidatefor the office of President, Vice President, pres-idential elector, Member of the Senate, orMember of the House of Representatives.”

(d) Add the following subsection “(h)”:“(h) In any proceeding instituted by

the United States in any district court of theUnited States under this section in which theAttorney General requests a finding of a pat-tern or practice of discrimination pursuant tosubsection (e) of this section the AttorneyGeneral, at the time he files the complaint,or any defendant in the proceeding, withintwenty days after service upon him of thecomplaint, may file with the clerk of suchcourt a request that a court of three judges beconvened to hear and determine the entirecase. A copy of the request for a three-judgecourt shall be immediately furnished by suchclerk to the chief judge of the circuit (or inhis absence, the presiding circuit judge of thecircuit) in which the case is pending. Uponreceipt of the copy of such request it shall bethe duty of the chief justice of the circuit orthe presiding circuit judge, as the case maybe, to designate immediately three judges insuch circuit, of whom at least one shall be acircuit judge and another of whom shall be adistrict judge of the court in which the pro-ceeding was instituted, to hear and determinesuch case, and it shall be the duty of thejudges so designated to assign the case forhearing at the earliest practicable date, toparticipate in the hearing and determinationthereof, and to cause the case to be in everyway expedited.

An appeal from the final judgment ofsuch court will lie to the Supreme Court.


“In any proceeding brought under sub-section (c) of this section to enforce subsec-tion (b) of this section, or in the event nei-ther the Attorney General nor any defendantfiles a request for a three-judge court in anyproceeding authorized by this subsection, itshall be the duty of the chief judge of thedistrict (or in his absence, the acting chiefjudge) in which the case is pending immedi-ately to designate a judge in such district tohear and determine the case. In the event thatno judge in the district is available to hearand determine the case, the chief judge ofthe district, or the acting chief judge, as thecase may be, shall certify this fact to the chiefjudge of the circuit (or, in his absence, theacting chief judge) who shall then designatea district or circuit judge of the circuit to hearand determine the case.

“It shall be the duty of the judge desig-nated pursuant to this section to assign thecase for hearing at the earliest practicable dateand to cause the case to be in every way ex-pedited.”

TITLE II—INJUNCTIVE RELIEF

AGAINST DISCRIMINATION IN PLACES

OF PUBLIC ACCOMMODATION

SEC. 201. (a) All persons shall be enti-tled to the full and equal enjoyment of thegoods, services, facilities, and privileges, ad-vantages, and accommodations of any placeof public accommodation, as defined in thissection, without discrimination or segrega-tion on the ground of race, color, religion, ornational origin.

(b) Each of the following establish-ments which serves the public is a place ofpublic accommodation within the meaningof this title if its operations affect commerce,or if discrimination or segregation by it issupported by State action:

(1) any inn, hotel, motel, or other es-tablishment which provides lodging to tran-sient guests, other than an establishment lo-cated within a building which contains notmore than five rooms for rent or hire and

which is actually occupied by the proprietorof such establishment as his residence;

(2) any restaurant, cafeteria, lunch-room, lunch counter, soda fountain, or otherfacility principally engaged in selling foodfor consumption on the premises, including,but not limited to, any such facility locatedon the premises of any retail establishment;or any gasoline station;

(3) any motion picture house, theater,concert hall, sports arena, stadium or otherplace of exhibition or entertainment; and

(4) any establishment (A)(i) which isphysically located within the premises of anyestablishment otherwise covered by this sub-section, or (ii) within the premises of whichis physically located any such covered estab-lishment, and (B) which holds itself out asserving patrons of such covered establish-ment.

(c) The operations of an establishmentaffect commerce within the meaning of thistitle if (1) it is one of the establishments de-scribed in paragraph (1) of subsection (b); (2)in the case of an establishment described inparagraph (2) of subsection (b), it serves oroffers to serve interstate travelers or a sub-stantial portion of the food which it serves,or gasoline or other products which it sells,has moved in commerce; (3) in the case of anestablishment described in paragraph (3) ofsubsection (b), it customarily presents films,performances, athletic teams, exhibitions, orother sources of entertainment which movein commerce; and (4) in the case of an estab-lishment described in paragraph (4) of sub-section (b), it is physically located within thepremises of, or there is physically locatedwithin its premises, an establishment the op-erations of which affect commerce within themeaning of this subsection. For purposes ofthis section, “commerce” means travel, trade,traffic, commerce, transportation, or com-munication among the several States, or be-tween the District of Columbia and anyState, or between any foreign country or anyterritory or possession and any State or the


District of Columbia, or between points inthe same State but through any other State orthe District of Columbia or a foreign coun-try.

(d) Discrimination or segregation by anestablishment is supported by State actionwithin the meaning of this title if such dis-crimination or segregation (1) is carried onunder color of any law, statute, ordinance,or regulation; or (2) is carried on under colorof any custom or usage required or enforcedby officials of the State or political subdivi-sion thereof; or (3) is required by action ofthe State or political subdivision thereof.

(e) The provisions of this title shall notapply to a private club or other establishmentnot in fact open to the public, except to theextent that the facilities of such establishmentare made available to the customers or pa-trons of an establishment within the scopeof subsection (b).

SEC. 202. All persons shall be entitledto be free, at any establishment or place, fromdiscrimination or segregation of any kind onthe ground of race, color, religion, or na-tional origin, if such discrimination or seg-regation is or purports to be required by anylaw, statute, ordinance, regulation, rule, ororder of a State or any agency or politicalsubdivision thereof.

SEC. 203. No person shall (a) withhold,deny, or attempt to withhold or deny, or de-prive or attempt to deprive, any person ofany right or privilege secured by section 201or 202, or (b) intimidate, threaten, or co-erce, or attempt to intimidate, threaten, orcoerce any person with the purpose of inter-fering with any right or privilege secured bysection 201 or 202, or (c) punish or attemptto punish any person for exercising or at-tempting to exercise any right or privilege se-cured by section 201 or 202.

SEC. 204. (a) Whenever any person hasengaged or there are reasonable grounds tobelieve that any person is about to engage inany act or practice prohibited by section 203,a civil action for preventive relief, including

an application for a permanent or temporaryinjunction, restraining order, or other order,may be instituted by the person aggrievedand, upon timely application, the court may,in its discretion, permit the Attorney Generalto intervene in such civil action if he certifiesthat the case is of general public importance.Upon application by the complainant and insuch circumstances as the court may deemjust, the court may appoint an attorney forsuch complainant and may authorize thecommencement of the civil action withoutthe payment of fees, costs, or security.

(b) In any action commenced pursuantto this title, the court, in its discretion, mayallow the prevailing party, other than theUnited States, a reasonable attorney’s fee aspart of the costs, and the United States shallbe liable for costs the same as a private per-son.

(c) In the case of an alleged act or prac-tice prohibited by this title which occurs ina State, or political subdivision of a State,which has a State or local law prohibitingsuch act or practice and establishing or au-thorizing a State or local authority to grantor seek relief from such practice or to insti-tute criminal proceedings with respectthereto upon receiving notice thereof, nocivil action may be brought under subsec-tion (a) before the expiration of thirty daysafter written notice of such alleged act orpractice has been given to the appropriateState or local authority by registered mail orin person, provided that the court may stayproceedings in such civil action pending thetermination of State or local enforcementproceedings.

(d) In the case of an alleged act or prac-tice prohibited by this title which occurs ina State, or political subdivision of a State,which has no State or local law prohibitingsuch act or practice, a civil action may bebrought under subsection (a): Provided, Thatthe court may refer the matter to the Com-munity Relations Service established by titleX of this Act for as long as the court believes


there is a reasonable possibility of obtainingvoluntary compliance, but for not more thansixty days: Provided further, That upon ex-piration of such sixty-day period, the courtmay extend such period for an additional pe-riod, not to exceed a cumulative total of onehundred and twenty days, if it believes therethen exists a reasonable possibility of secur-ing voluntary compliance.

SEC. 205. The Service is authorized tomake a full investigation of any complaintreferred to it by the court under section204(d) and may hold such hearings with re-spect thereto as may be necessary. The Ser-vice shall conduct any hearings with respectto any such complaint in executive session,and shall not release any testimony giventherein except by agreement of all parties in-volved in the complaint with the permissionof the court, and the Service shall endeavorto bring about a voluntary settlement be-tween the parties.

SEC. 206. (a) Whenever the AttorneyGeneral has reasonable cause to believe thatany person or group of persons is engaged ina pattern or practice of resistance to the fullenjoyment of any of the rights secured by thistitle, and that the pattern or practice is ofsuch a nature and is intended to deny the fullexercise of the rights herein described, theAttorney General may bring a civil action inthe appropriate district court of the UnitedStates by filing with it a complaint (1) signedby him (or in his absence the Acting Attor-ney General), (2) setting forth facts pertain-ing to such pattern or practice, and (3) re-questing such preventive relief, including anapplication for a permanent or temporary in-junction, restraining order or other orderagainst the person or persons responsible forsuch pattern or practice, as he deems neces-sary to insure the full enjoyment of the rightsherein described.

(b) In any such proceeding the Attor-ney General may file with the clerk of suchcourt a request that a court of three judges beconvened to hear and determine the case.

Such request by the Attorney General shall beaccompanied by a certificate that, in hisopinion, the case is of general public impor-tance. A copy of the certificate and requestfor a three-judge court shall be immediatelyfurnished by such clerk to the chief judge ofthe circuit (or in his absence, the presidingcircuit judge of the circuit) in which the caseis pending. Upon receipt of the copy of suchrequest it shall be the duty of the chief judgeof the circuit or the presiding circuit judge,as the case may be, to designate immediatelythree judges in such circuit, of whom at leastone shall be a circuit judge and another ofwhom shall be a district judge of the court inwhich the proceeding was instituted, to hearand determine such case, and it shall be theduty of the judges so designated to assign thecase for hearing at the earliest practicabledate, to participate in the hearing and deter-mination thereof, and to cause the case to bein every way expedited. An appeal from thefinal judgment of such court will lie to theSupreme Court.

In the event the Attorney General failsto file such a request in any such proceeding,it shall be the duty of the chief judge of thedistrict (or in his absence, the acting chiefjudge) in which the case is pending immedi-ately to designate a judge in such district tohear and determine the case. In the event thatno judge in the district is available to hearand determine the case, the chief judge ofthe district, or the acting chief judge, as thecase may be, shall certify this fact to the chiefjudge of the circuit (or in his absence, theacting chief judge) who shall then designatea district or circuit judge of the circuit to hearand determine the case.

It shall be the duty of the judge desig-nated pursuant to this section to assign thecase for hearing at the earliest practicable dateand to cause the case to be in every way ex-pedited.

SEC. 207. (a) The district courts of theUnited States shall have jurisdiction of pro-ceedings instituted pursuant to this title and


shall exercise the same without regard towhether the aggrieved party shall have ex-hausted any administrative or other remediesthat may be provided by law.

(b) The remedies provided in this titleshall be the exclusive means of enforcing therights based on this title, but nothing in thistitle shall preclude any individual or any Stateor local agency from asserting any right basedon any other Federal or State law not incon-sistent with this title, including any statuteor ordinance requiring nondiscrimination inpublic establishments or accommodations, orfrom pursuing any remedy, civil or criminal,which may be available for the vindication orenforcement of such right.

TITLE III—DESEGREGATION OF

PUBLIC FACILITIES

SEC. 301. (a) Whenever the AttorneyGeneral receives a complaint in writingsigned by an individual to the effect that heis being deprived of or threatened with theloss of his right to the equal protection of thelaws, on account of his race, color, religion,or national origin, by being denied equal uti-lization of any public facility which is owned,operated, or managed by or on behalf of anyState or subdivision thereof, other than apublic school or public college as defined insection 401 of title IV hereof, and the Attor-ney General believes the complaint is meri-torious and certifies that the signer or sign-ers of such complaint are unable, in hisjudgment, to initiate and maintain appropri-ate legal proceedings for relief and that theinstitution of an action will materially furtherthe orderly progress of desegregation in pub-lic facilities, the Attorney General is author-ized to institute for or in the name of theUnited States a civil action in any appropri-ate district court of the United States againstsuch parties and for such relief as may be ap-propriate, and such court shall have and shallexercise jurisdiction of proceedings institutedpursuant to this section. The Attorney Gen-eral may implead as defendants such addi-

tional parties as are or become necessary tothe grant of effective relief hereunder.

(b) The Attorney General may deem aperson or persons unable to initiate andmaintain appropriate legal proceedingswithin the meaning of subsection

(a) of this section when such person orpersons are unable, either directly or throughother interested persons or organizations, tobear the expense of the litigation or to obtaineffective legal representation; or whenever heis satisfied that the institution of such litiga-tion would jeopardize the personal safety,employment, or economic standing of suchperson or persons, their families, or theirproperty.

SEC. 302. In any action or proceedingunder this title the United States shall be li-able for costs, including a reasonable attor-ney’s fee, the same as a private person.

SEC. 303. Nothing in this title shall af-fect adversely the right of any person to suefor or obtain relief in any court against dis-crimination in any facility covered by this title.

SEC. 304. A complaint as used in thistitle is a writing or document within themeaning of section 1001, title 18, UnitedStates Code.

TITLE IV—DESEGREGATION OF

PUBLIC EDUCATION

Definitions

SEC. 401. As used in this title—(a) “Commissioner” means the Com-

missioner of Education.(b) “Desegregation” means the assign-

ment of students to public schools andwithin such schools without regard to theirrace, color, religion, or national origin, but“desegregation” shall not mean the assign-ment of students to public schools in orderto overcome racial imbalance.

(c) “Public school” means any elemen-tary or secondary educational institution, and“public college” means any institution ofhigher education or any technical or voca-


tional school above the secondary schoollevel, provided that such public school orpublic college is operated by a State, subdi-vision of a State, or governmental agencywithin a State, or operated wholly or pre-dominantly from or through the use of gov-ernmental funds or property, or funds orproperty derived from a governmental source.

(d) “School board” means any agencyor agencies which administer a system of oneor more public schools and any other agencywhich is responsible for the assignment ofstudents to or within such system.

SURVEY AND REPORT OF EDUCA-TIONAL OPPORTUNITIES

SEC. 402. The Commissioner shallconduct a survey and make a report to thePresident and the Congress, within two yearsof the enactment of this title, concerning thelack of availability of equal educational op-portunities for individuals by reason of race,color, religion, or national origin in publiceducational institutions at all levels in theUnited States, its territories and possessions,and the District of Columbia.

TECHNICAL ASSISTANCESEC. 403. The Commissioner is au-

thorized, upon the application of any schoolboard, State, municipality, school district, orother governmental unit legally responsiblefor operating a public school or schools, torender technical assistance to such applicantin the preparation, adoption, and implemen-tation of plans for the desegregation of pub-lic schools. Such technical assistance may,among other activities, include making avail-able to such agencies information regardingeffective methods of coping with special ed-ucational problems occasioned by desegrega-tion, and making available to such agenciespersonnel of the Office of Education or otherpersons specially equipped to advise and as-sist them in coping with such problems.

TRAINING INSTITUTESSEC. 404. The Commissioner is au-

thorized to arrange, through grants or con-

tracts, with institutions of higher educationfor the operation of short-term or regular ses-sion institutes for special training designed toimprove the ability of teachers, supervisors,counselors, and other elementary or second-ary school personnel to deal effectively withspecial educational problems occasioned bydesegregation. Individuals who attend suchan institute on a full-time basis may be paidstipends for the period of their attendance atsuch institute in amounts specified by theCommissioner in regulations, including al-lowances for travel to attend such institute.

Grants

SEC. 405. (a) The Commissioner is au-thorized, upon application of a school board,to make grants to such board to pay, in wholeor in part, the cost of—

(1) giving to teachers and other schoolpersonnel inservice training in dealing withproblems incident to desegregation, and

(2) employing specialists to advise inproblems incident to desegregation.

(b) In determining whether to make agrant, and in fixing the amount thereof and theterms and conditions on which it will be made,the Commissioner shall take into considerationthe amount available for grants under this sec-tion and the other applications which arepending before him; the financial conditionof the applicant and the other resources avail-able to it; the nature, extent, and gravity ofits problems incident to desegregation; andsuch other factors as he finds relevant.

Payments

SEC. 406. Payments pursuant to a grantor contract under this title may be made(after necessary adjustments on account ofpreviously made overpayments or underpay-ments) in advance or by way of reimburse-ment, and in such installments, as the Com-missioner may determine.

Suits by the Attorney General

SEC. 407. (a) Whenever the AttorneyGeneral receives a complaint in writing—


(1) signed by a parent or group of par-ents to the effect that his or their minor chil-dren, as members of a class of persons simi-larly situated, are being deprived by a schoolboard of the equal protection of the laws, or

(2) signed by an individual, or his par-ent, to the effect that he has been denied ad-mission to or not permitted to continue in at-tendance at a public college by reason of race,color, religion, or national origin, and theAttorney General believes the complaint ismeritorious and certifies that the signer orsigners of such complaint are unable, in hisjudgment, to initiate and maintain appropri-ate legal proceedings for relief and that theinstitution of an action will materially furtherthe orderly achievement of desegregation inpublic education, the Attorney General is au-thorized, after giving notice of such com-plaint to the appropriate school board or col-lege authority and after certifying that he issatisfied that such board or authority has hada reasonable time to adjust the conditions al-leged in such complaint, to institute for or inthe name of the United States a civil actionin any appropriate district court of theUnited States against such parties and forsuch relief as may be appropriate, and suchcourt shall have and shall exercise jurisdictionof proceedings instituted pursuant to thissection, provided that nothing herein shallempower any official or court of the UnitedStates to issue any order seeking to achieve aracial balance in any school by requiring thetransportation of pupils or students from oneschool to another or one school district toanother in order to achieve such racial bal-ance, or otherwise enlarge the existing powerof the court to insure compliance with con-stitutional standards. The Attorney Generalmay implead as defendants such additionalparties as are or become necessary to the grantof effective relief hereunder.

(b) The Attorney General may deem aperson or persons unable to initiate andmaintain appropriate legal proceedingswithin the meaning of subsection

(a) of this section when such person orpersons are unable, either directly or throughother interested persons or organizations, tobear the expense of the litigation or to obtaineffective legal representation; or whenever heis satisfied that the institution of such litiga-tion would jeopardize the personal safety,employment, or economic standing of suchperson or persons, their families, or theirproperty.

(c) The term “parent” as used in thissection includes any person standing in locoparentis. A “complaint” as used in this sec-tion is a writing or document within themeaning of section 1001, title 18, UnitedStates Code.

SEC. 408. In any action or proceedingunder this title the United States shall be li-able for costs the same as a private person.

SEC. 409. Nothing in this title shall af-fect adversely the right of any person to suefor or obtain relief in any court against dis-crimination in public education.

SEC. 410. Nothing in this title shallprohibit classification and assignment for rea-sons other than race, color, religion, or na-tional origin.

TITLE V—COMMISSION ON

CIVIL RIGHTS

SEC. 501. Section 102 of the CivilRights Act of 1957 (42 U.S.C. 1975a; 71

Stat. 634) is amended to read as follows:

“Rules of Procedure of the CommissionHearings

“SEC. 102. (a) At least thirty days priorto the commencement of any hearing, theCommission shall cause to be published inthe Federal Register notice of the date onwhich such hearing is to commence, theplace at which it is to be held and the sub-ject of the hearing. The Chairman, or onedesignated by him to act as Chairman at ahearing of the Commission, shall announcein an opening statement the subject of thehearing.


“(b) A copy of the Commission’s rulesshall be made available to any witness beforethe Commission, and a witness compelled toappear before the Commission or required toproduce written or other matter shall beserved with a copy of the Commission’s rulesat the time of service of the subpoena.

“(c) Any person compelled to appear inperson before the Commission shall be ac-corded the right to be accompanied and ad-vised by counsel, who shall have the right tosubject his client to reasonable examination,and to make objections on the record and toargue briefly the basis for such objections.The Commission shall proceed with reason-able dispatch to conclude any hearing inwhich it is engaged. Due regard shall be hadfor the convenience and necessity of wit-nesses.

“(d) The Chairman or Acting Chair-man may punish breaches of order and deco-rum by censure and exclusion from the hear-ings.

“(e) If the Commission determines thatevidence or testimony at any hearing maytend to defame, degrade, or incriminate anyperson, it shall receive such evidence or testi-mony or summary of such evidence or testi-mony in executive session. The Commissionshall afford any person defamed, degraded,or incriminated by such evidence or testi-mony an opportunity to appear and be heardin executive session, with a reasonable num-ber of additional witnesses requested by him,before deciding to use such evidence or tes-timony. In the event the Commission deter-mines to release or use such evidence or tes-timony in such manner as to reveal publiclythe identity of the person defamed, degraded,or incriminated, such evidence or testimony,prior to such public release or use, shall begiven at a public session, and the Commis-sion shall afford such person an opportunityto appear as a voluntary witness or to file asworn statement in his behalf and to submitbrief and pertinent sworn statements of oth-ers. The Commission shall receive and dis-

pose of requests from such person to sub-poena additional witnesses.

“(f ) Except as provided in sections 102and 105 (f ) of this Act, the Chairman shallreceive and the Commission shall dispose ofrequests to subpoena additional witnesses.

“(g) No evidence or testimony or sum-mary of evidence or testimony taken in ex-ecutive session may be released or used inpublic sessions without the consent of theCommission. Whoever releases or uses inpublic without the consent of the Commis-sion such evidence or testimony taken in ex-ecutive session shall be fined not more than$1,000, or imprisoned for not more than oneyear.

“(h) In the discretion of the Commis-sion, witnesses may submit brief and perti-nent sworn statements in writing for inclu-sion in the record. The Commission shalldetermine the pertinency of testimony andevidence adduced at its hearings.

“(i) Every person who submits data orevidence shall be entitled to retain or, onpayment of lawfully prescribed costs, procurea copy or transcript thereof, except that awitness in a hearing held in executive sessionmay for good cause be limited to inspectionof the official transcript of his testimony.Transcript copies of public sessions may beobtained by the public upon the payment ofthe cost thereof. An accurate transcript shallbe made of the testimony of all witnesses atall hearings, either public or executive ses-sions, of the Commission or of any subcom-mittee thereof.

“(j) A witness attending any session ofthe Commission shall receive $6 for eachday’s attendance and for the time necessarilyoccupied in going to and returning from thesame, and 10 cents per mile for going fromand returning to his place of residence. Wit-nesses who attend at points so far removedfrom their respective residences as to prohibitreturn thereto from day to day shall be enti-tled to an additional allowance of $10 per dayfor expenses of subsistence including the time


necessarily occupied in going to and return-ing from the place of attendance. Mileagepayments shall be tendered to the witnessupon service of a subpoena issued on behalfof the Commission or any subcommitteethereof.

“(k) The Commission shall not issueany subpoena for the attendance and testi-mony of witnesses or for the production ofwritten or other matter which would requirethe presence of the party subpoenaed at ahearing to be held outside of the Statewherein the witness is found or resides or isdomiciled or transacts business, or has ap-pointed an agent for receipt of service ofprocess except that, in any event, the Com-mission may issue subpoenas for the atten-dance and testimony of witnesses and theproduction of written or other matter at ahearing held within fifty miles of the placewhere the witness is found or resides or isdomiciled or transacts business or has ap-pointed an agent for receipt of service ofprocess.

“(l) The Commission shall separatelystate and currently publish in the FederalRegister (1) descriptions of its central andfield organization including the establishedplaces at which, and methods whereby, thepublic may secure information or make re-quests; (2) statements of the general courseand method by which its functions are chan-neled and determined, and (3) rules adoptedas authorized by law. No person shall in anymanner be subject to or required to resort torules, organization, or procedure not so pub-lished.”

SEC. 502. Section 103(a) of the CivilRights Act of 1957 (42 U.S.C. 1975b(a); 71Stat. 634) is amended to read as follows:

“SEC. 103. (a) Each member of theCommission who is not otherwise in theservice of the Government of the UnitedStates shall receive the sum of $75 per day foreach day spent in the work of the Commis-sion, shall be paid actual travel expenses, andper diem in lieu of subsistence expenses when

away from his usual place of residence, in ac-cordance with section 5 of the Administra-tive Expenses Act of 1946, as amended (5U.S.C 73b-2; 60 Stat. 808).”

SEC. 503. Section 103(b) of the CivilRights Act of 1957 (42 U.S.C.

1975(b); 71 Stat. 634) is amended toread as follows:

“(b) Each member of the Commissionwho is otherwise in the service of the Gov-ernment of the United States shall servewithout compensation in addition to that re-ceived for such other service, but while en-gaged in the work of the Commission shallbe paid actual travel expenses, and per diemin lieu of subsistence expenses when awayfrom his usual place of residence, in accor-dance with the provisions of the Travel Ex-penses Act of 1949, as amended (5 U.S.C.835—42; 63 Stat. 166).”

SEC. 504. (a) Section 104(a) of the CivilRights Act of 1957 (42 U.S.C. 1975c(a); 71Stat. 635), as amended, is further amendedto read as follows:

“Duties of the Commission

“SEC. 104. (a) The Commission shall—“(1) investigate allegations in writing

under oath or affirmation that certain citizensof the United States are being deprived oftheir right to vote and have that vote countedby reason of their color, race, religion, or na-tional origin; which writing, under oath oraffirmation, shall set forth the facts uponwhich such belief or beliefs are based;

“(2) study and collect information con-cerning legal developments constituting a de-nial of equal protection of the laws under theConstitution because of race, color, religionor national origin or in the administration ofjustice;

“(3) appraise the laws and policies ofthe Federal Government with respect to de-nials of equal protection of the laws under theConstitution because of race, color, religionor national origin or in the administration ofjustice;


“(4) serve as a national clearinghousefor information in respect to denials of equalprotection of the laws because of race, color,religion or national origin, including but notlimited to the fields of voting, education,housing, employment, the use of public fa-cilities, and transportation, or in the admin-istration of justice;

“(5) investigate allegations, made inwriting and under oath or affirmation, thatcitizens of the United States are unlawfullybeing accorded or denied the right to vote, orto have their votes properly counted, in anyelection of presidential electors, Members ofthe United States Senate, or of the House ofRepresentatives, as a result of any patterns orpractice of fraud or discrimination in theconduct of such election; and

“(6) Nothing in this or any other Actshall be construed as authorizing the Com-mission, its Advisory Committees, or anyperson under its supervision or control to in-quire into or investigate any membershippractices or internal operations of any frater-nal organization, any college or universityfraternity or sorority, any private club or anyreligious organization.”

(b) Section 104(b) of the Civil RightsAct of 1957 (42 U.S.C. 1975c(b); 71 Stat.635), as amended, is further amended bystriking out the present subsection “(b)” andby substituting therefor:

“(b) The Commission shall submit in-terim reports to the President and to theCongress at such times as the Commission,the Congress or the President shall deem de-sirable, and shall submit to the President andto the Congress a final report of its activities,findings, and recommendations not laterthan January 31, 1968.”

SEC. 505. Section 105(a) of the CivilRights Act of 1957 (42 U.S.C. 1975d(a); 71Stat. 636) is amended by striking out in thelast sentence thereof “$50 per diem” and in-serting in lieu thereof “$75 per diem.”

SEC. 506. Section 105(f ) and section105(g) of the Civil Rights Act of 1957 (42

U.S.C. 1975d (f ) and (g); 71 Stat. 636) areamended to read as follows:

“(f ) The Commission, or on the au-thorization of the Commission any subcom-mittee of two or more members, at least oneof whom shall be of each major political party,may, for the purpose of carrying out the pro-visions of this Act, hold such hearings and actat such times and places as the Commissionor such authorized subcommittee may deemadvisable. Subpoenas for the attendance andtestimony of witnesses or the production ofwritten or other matter may be issued in ac-cordance with the rules of the Commission ascontained in section 102 (j) and (k) of thisAct, over the signature of the Chairman ofthe Commission or of such subcommittee,and may be served by any person designatedby such Chairman. The holding of hearingsby the Commission, or the appointment of asubcommittee to hold hearings pursuant tothis subparagraph, must be approved by a ma-jority of the Commission, or by a majority ofthe members present at a meeting at which atleast a quorum of four members is present.

“(g) In case of contumacy or refusal toobey a subpoena, any district court of theUnited States or the United States court ofany territory or possession, or the DistrictCourt of the United States for the District ofColumbia, within the jurisdiction of whichthe inquiry is carried on or within the juris-diction of which said person guilty of contu-macy or refusal to obey is found or resides oris domiciled or transacts business, or has ap-pointed an agent for receipt of service ofprocess, upon application by the AttorneyGeneral of the United States shall have juris-diction to issue to such person an order re-quiring such person to appear before theCommission or a subcommittee thereof,there to produce pertinent, relevant and non-privileged evidence if so ordered, or there togive testimony touching the matter under in-vestigation; and any failure to obey suchorder of the court may be punished by saidcourt as a contempt thereof.”


SEC. 507. Section 105 of the CivilRights Act of 1957 (42 U.S.C. 1975d; 71 Stat.636), as amended by section 401 of the CivilRights Act of 1960 (42 U.S.C. 1975d(h); 74Stat. 89), is further amended by adding anew subsection at the end to read as follows:

“(i) The Commission shall have thepower to make such rules and regulations asare necessary to carry out the purposes of thisAct.”

TITLE VI—NONDISCRIMINATION IN

FEDERALLY ASSISTED PROGRAMS

SEC. 601. No person in the UnitedStates shall, on the ground of race, color, ornational origin, be excluded from participa-tion in, be denied the benefits of, or be sub-jected to discrimination under any programor activity receiving Federal financial assis-tance.

SEC. 602. Each Federal department andagency which is empowered to extend Fed-eral financial assistance to any program or ac-tivity, by way of grant, loan, or contract otherthan a contract of insurance or guaranty, isauthorized and directed to effectuate the pro-visions of section 601 with respect to suchprogram or activity by issuing rules, regula-tions, or orders of general applicability whichshall be consistent with achievement of theobjectives of the statute authorizing thefinancial assistance in connection with whichthe action is taken. No such rule, regulation,or order shall become effective unless anduntil approved by the President. Compliancewith any requirement adopted pursuant tothis section may be effected (1) by the termi-nation of or refusal to grant or to continue as-sistance under such program or activity toany recipient as to whom there has been anexpress finding on the record, after opportu-nity for hearing, of a failure to comply withsuch requirement, but such termination orrefusal shall be limited to the particular po-litical entity, or part thereof, or other recip-ient as to whom such a finding has been madeand, shall be limited in its effect to the par-

ticular program, or part thereof, in whichsuch non-compliance has been so found, or(2) by any other means authorized by law:Provided, however, That no such action shallbe taken until the department or agency con-cerned has advised the appropriate person orpersons of the failure to comply with the re-quirement and has determined that compli-ance cannot be secured by voluntary means.In the case of any action terminating, or re-fusing to grant or continue, assistance be-cause of failure to comply with a requirementimposed pursuant to this section, the head ofthe federal department or agency shall filewith the committees of the House and Sen-ate having legislative jurisdiction over theprogram or activity involved a full writtenreport of the circumstances and the groundsfor such action. No such action shall becomeeffective until thirty days have elapsed afterthe filing of such report.

SEC. 603. Any department or agencyaction taken pursuant to section 602 shall besubject to such judicial review as may other-wise be provided by law for similar actiontaken by such department or agency on othergrounds. In the case of action, not otherwisesubject to judicial review, terminating or re-fusing to grant or to continue financial assis-tance upon a finding of failure to complywith any requirement imposed pursuant tosection 602, any person aggrieved (includingany State or political subdivision thereof andany agency of either) may obtain judicial re-view of such action in accordance with sec-tion 10 of the Administrative Procedure Act,and such action shall not be deemed commit-ted to unreviewable agency discretion withinthe meaning of that section.

SEC. 604. Nothing contained in thistitle shall be construed to authorize actionunder this title by any department or agencywith respect to any employment practice ofany employer, employment agency, or labororganization except where a primary objec-tive of the Federal financial assistance is toprovide employment.


SEC. 605. Nothing in this title shall addto or detract from any existing authority withrespect to any program or activity underwhich Federal financial assistance is extendedby way of a contract of insurance or guar-anty.

TITLE VII—EQUAL EMPLOYMENT

OPPORTUNITY

Definitions

SEC. 701. For the purposes of thistitle—

(a) The term “person” includes one ormore individuals, labor unions, partnerships,associations, corporations, legal representa-tives, mutual companies, joint-stock compa-nies, trusts, unincorporated organizations,trustees, trustees in bankruptcy, or receivers.

(b) The term “employer” means a per-son engaged in an industry affecting com-merce who has twenty-five or more employ-ees for each working day in each of twenty ormore calendar weeks in the current or pre-ceding calendar year, and any agent of sucha person, but such term does not include (1)the United States, a corporation whollyowned by the Government of the UnitedStates, an Indian tribe, or a State or politicalsubdivision thereof, (2) a bona fide privatemembership club (other than a labor organ-ization) which is exempt from taxation undersection 501(c) of the Internal Revenue Codeof 1954: Provided, That during the first yearafter the effective date prescribed in subsec-tion (a) of section 716, persons having fewerthan one hundred employees (and theiragents) shall not be considered employers,and, during the second year after such date,persons having fewer than seventy-five em-ployees (and their agents) shall not be con-sidered employers, and, during the third yearafter such date, persons having fewer thanfifty employees (and their agents) shall not beconsidered employers: Provided further,That it shall be the policy of the UnitedStates to insure equal employment opportu-

nities for Federal employees without discrim-ination because of race, color, religion, sex ornational origin and the President shall utilizehis existing authority to effectuate this pol-icy.

(c) The term “employment agency”means any person regularly undertaking withor without compensation to procure employ-ees for an employer or to procure for em-ployees opportunities to work for an em-ployer and includes an agent of such aperson; but shall not include an agency ofthe United States, or an agency of a State orpolitical subdivision of a State, except thatsuch term shall include the United StatesEmployment Service and the system of Stateand local employment services receiving Fed-eral assistance.

(d) The term “labor organization” meansa labor organization engaged in an industryaffecting commerce, and any agent of such anorganization, and includes any organizationof any kind, any agency, or employee repre-sentation committee, group, association, orplan so engaged in which employees partic-ipate and which exists for the purpose, inwhole or in part, of dealing with employersconcerning grievances, labor disputes, wages,rates of pay, hours, or other terms or condi-tions of employment, and any conference,general committee, joint or system board, orjoint council so engaged which is subordi-nate to a national or international labor or-ganization.

(e) A labor organization shall be deemedto be engaged in an industry affecting com-merce if (1) it maintains or operates a hiringhall or hiring office which procures employ-ees for an employer or procures for employ-ees opportunities to work for an employer, or(2) the number of its members (or, where itis a labor organization composed of otherlabor organizations or their representatives, ifthe aggregate number of the members of suchother labor organization) is (A) one hundredor more during the first year after the effec-tive date prescribed in subsection (a) of sec-


tion 716, (B) seventy-five or more during thesecond year after such date or fifty or moreduring the third year, or (C) twenty-five ormore thereafter, and such labor organiza-tion—

(1) is the certified representative of em-ployees under the provisions of the NationalLabor Relations Act, as amended, or the Rail-way Labor Act, as amended;

(2) although not certified, is a nationalor international labor organization or a locallabor organization recognized or acting as therepresentative of employees of an employer oremployers engaged in an industry affectingcommerce; or

(3) has chartered a local labor organi-zation or subsidiary body which is represent-ing or actively seeking to represent employ-ees of employers within the meaning ofparagraph (1) or (2); or

(4) has been chartered by a labor or-ganization representing or actively seeking torepresent employees within the meaning ofparagraph (1) or (2) as the local or subordi-nate body through which such employeesmay enjoy membership or become affiliatedwith such labor organization; or

(5) is a conference, general committee,joint or system board, or joint council sub-ordinate to a national or international labororganization, which includes a labor organi-zation engaged in an industry affecting com-merce within the meaning of any of the pre-ceding paragraphs of this subsection.

(f ) The term “employee” means an in-dividual employed by an employer.

(g) The term “commerce” means trade,traffic, commerce, transportation, transmis-sion, or communication among the severalStates; or between a State and any place out-side thereof; or within the District of Co-lumbia, or a possession of the United States;or between points in the same State butthrough a point outside thereof.

(h) The term “industry affecting com-merce” means any activity, business, or in-dustry in commerce or in which a labor dis-

pute would hinder or obstruct commerce orthe free flow of commerce and includes anyactivity or industry “affecting commerce”within the meaning of the Labor-Manage-ment Reporting and Disclosure Act of 1959.

(i) The term “State” includes a State ofthe United States, the District of Columbia,Puerto Rico, the Virgin Islands, AmericanSamoa, Guam, Wake Island, The CanalZone, and Outer Continental Shelf Landsdefined in the Outer Continental Shelf LandsAct.

Exemption

SEC. 702. This title shall not apply toan employer with respect to the employmentof aliens outside any State, or to a religiouscorporation, association, or society with re-spect to the employment of individuals of aparticular religion to perform work con-nected with the carrying on by such corpo-ration, association, or society of its religiousactivities or to an educational institutionwith respect to the employment of individ-uals to perform work connected with the ed-ucational activities of such institution.

Discrimination Because of Race, Color, Religion, Sex, or National Origin

SEC. 703. (a) It shall be an unlawfulemployment practice for an employer—

(1) to fail or refuse to hire or to dis-charge any individual, or otherwise to dis-criminate against any individual with respectto his compensation, terms, conditions, orprivileges of employment, because of suchindividual’s race, color, religion, sex, or na-tional origin; or

(2) to limit, segregate, or classify hisemployees in any way which would depriveor tend to deprive any individual of employ-ment opportunities or otherwise adversely af-fect his status as an employee, because ofsuch individual’s race, color, religion, sex, ornational origin.

(b) It shall be an unlawful employmentpractice for an employment agency to fail orrefuse to refer for employment, or otherwise


to discriminate against, any individual be-cause of his race, color, religion, sex, or na-tional origin, or to classify or refer for em-ployment any individual on the basis of hisrace, color, religion, sex, or national origin.

(c) It shall be an unlawful employmentpractice for a labor organization—

(1) to exclude or to expel from its mem-bership, or otherwise to discriminate against,any individual because of his race, color, re-ligion, sex, or national origin;

(2) to limit, segregate, or classify itsmembership, or to classify or fail or refuse torefer for employment any individual, in anyway which would deprive or tend to depriveany individual of employment opportunities,or would limit such employment opportuni-ties or otherwise adversely affect his status asan employee or as an applicant for employ-ment, because of such individual’s race,color, religion, sex, or national origin; or

(3) to cause or attempt to cause an em-ployer to discriminate against an individualin violation of this section.

(d) It shall be an unlawful employmentpractice for any employer, labor organiza-tion, or joint labor-management committeecontrolling apprenticeship or other trainingor retraining, including on-the-job trainingprograms to discriminate against any indi-vidual because of his race, color, religion, sex,or national origin in admission to, or em-ployment in, any program established to pro-vide apprenticeship or other training.

(e) Notwithstanding any other provi-sion of this title, (1) it shall not be an unlaw-ful employment practice for an employer tohire and employ employees, for an employ-ment agency to classify, or refer for employ-ment any individual, for a labor organizationto classify its membership or to classify orrefer for employment any individual, or foran employer, labor organization, or jointlabor-management committee controllingapprenticeship or other training or retrainingprograms to admit or employ any individualin any such program, on the basis of his re-

ligion, sex, or national origin in those certaininstances where religion, sex, or national ori-gin is a bona fide occupational qualificationreasonably necessary to the normal operationof that particular business or enterprise, and(2) it shall not be an unlawful employmentpractice for a school, college, university, orother educational institution or institutionof learning to hire and employ employees ofa particular religion if such school, college,university, or other educational institution orinstitution of learning is, in whole or in sub-stantial part, owned, supported, controlled,or managed by a particular religion or by aparticular religious corporation, association,or society, or if the curriculum of suchschool, college, university, or other educa-tional institution or institution of learning isdirected toward the propagation of a partic-ular religion.

(f ) As used in this title, the phrase “un-lawful employment practice” shall not bedeemed to include any action or measuretaken by an employer, labor organization,joint labor-management committee, or em-ployment agency with respect to an individ-ual who is a member of the Communist Partyof the United States or of any other organi-zation required to register as a Communist-action or Communist-front organization byfinal order of the Subversive Activities Con-trol Board pursuant to the Subversive Activ-ities Control Act of 1950.

(g) Notwithstanding any other provi-sion of this title, it shall not be an unlawfulemployment practice for an employer to failor refuse to hire and employ any individualfor any position, for an employer to dischargeany individual from any position, or for anemployment agency to fail or refuse to referany individual for employment in any posi-tion, or for a labor organization to fail or re-fuse to refer any individual for employmentin any position, if—

(1) the occupancy of such position, oraccess to the premises in or upon which anypart of the duties of such position is per-


formed or is to be performed, is subject toany requirement imposed in the interest ofthe national security of the United Statesunder any security program in effect pur-suant to or administered under any statute ofthe United States or any Executive order ofthe President; and

(2) such individual has not fulfilled orhas ceased to fulfill that requirement.

(h) Notwithstanding any other provi-sion of this title, it shall not be an unlawfulemployment practice for an employer toapply different standards of compensation,or different terms, conditions, or privileges ofemployment pursuant to a bona fide senior-ity or merit system, or a system which meas-ures earnings by quantity or quality of pro-duction or to employees who work indifferent locations, provided that such dif-ferences are not the result of an intention todiscriminate because of race, color, religion,sex, or national origin, nor shall it be an un-lawful employment practice for an employerto give and to act upon the results of any pro-fessionally developed ability test providedthat such test, its administration or actionupon the results is not designed, intended orused to discriminate because of race, color,religion, sex or national origin. It shall not bean unlawful employment practice under thistitle for any employer to differentiate uponthe basis of sex in determining the amount ofthe wages or compensation paid or to be paidto employees of such employer if such differ-entiation is authorized by the provisions ofsection 6(d) of the Fair Labor Standards Actof 1938, as amended (29 U.S.C. 206(d)).

(i) Nothing contained in this title shallapply to any business or enterprise on or nearan Indian reservation with respect to anypublicly announced employment practice ofsuch business or enterprise under which apreferential treatment is given to any individ-ual because he is an Indian living on or neara reservation.

(j) Nothing contained in this title shallbe interpreted to require any employer, em-

ployment agency, labor organization, or jointlabor-management committee subject to thistitle to grant preferential treatment to any in-dividual or to any group because of the race,color, religion, sex, or national origin of suchindividual or group on account of an imbal-ance which may exist with respect to the totalnumber or percentage of persons of any race,color, religion, sex, or national origin em-ployed by any employer, referred or classifiedfor employment by any employment agencyor labor organization, admitted to member-ship or classified by any labor organization,or admitted to, or employed in, any appren-ticeship or other training program, in com-parison with the total number or percentageof persons of such race, color, religion, sex,or national origin in any community, State,section, or other area, or in the available workforce in any community, State, section, orother area.

Other Unlawful Employment Practices

SEC. 704. (a) It shall be an unlawfulemployment practice for an employer to dis-criminate against any of his employees or ap-plicants for employment, for an employmentagency to discriminate against any individ-ual, or for a labor organization to discrimi-nate against any member thereof or appli-cant for membership, because he hasopposed, any practice made an unlawful em-ployment practice by this title, or because hehas made a charge, testified, assisted, or par-ticipated in any manner in an investigation,proceeding, or hearing under this title.

(b) It shall be an unlawful employmentpractice for an employer, labor organization,or employment agency to print or publish orcause to be printed or published any noticeor advertisement relating to employment bysuch an employer or membership in or anyclassification or referral for employment bysuch a labor organization, or relating to anyclassification or referral for employment bysuch an employment agency, indicating anypreference, limitation, specification, or dis-


crimination, based on race, color, religion,sex, or national origin, except that such a no-tice or advertisement may indicate a prefer-ence, limitation, specification, or discrimi-nation based on religion, sex, or nationalorigin when religion, sex, or national originis a bona fide occupational qualification foremployment.

Equal Employment Opportunity Commission

SEC. 705. (a) There is hereby created aCommission to be known as the Equal Em-ployment Opportunity Commission, whichshall be composed of five members, not morethan three of whom shall be members of thesame political party, who shall be appointedby the President by and with the advice andconsent of the Senate. One of the originalmembers shall be appointed for a term of oneyear, one for a term of two years, one for aterm of three years, one for a term of fouryears, and one for a term of five years, begin-ning from the date of enactment of this title,but their successors shall be appointed forterms of five years each, except that any in-dividual chosen to fill a vacancy shall be ap-pointed only for the unexpired term of themember whom he shall succeed. The Presi-dent shall designate one member to serve asChairman of the Commission, and onemember to serve as Vice Chairman. TheChairman shall be responsible on behalf ofthe Commission for the administrative oper-ations of the Commission, and shall appoint,in accordance with the civil service laws, suchofficers, agents, attorneys, and employees asit deems necessary to assist it in the perform-ance of its functions and to fix their compen-sation in accordance with the ClassificationAct of 1949, as amended. The Vice Chairmanshall act as Chairman in the absence or dis-ability of the Chairman or in the event of avacancy in that office.

(b) A vacancy in the Commission shallnot impair the right of the remaining mem-bers to exercise all the powers of the Com-

mission and three members thereof shall con-stitute a quorum.

(c) The Commission shall have anofficial seal which shall be judicially no-ticed.

(d) The Commission shall at the closeof each fiscal year report to the Congress andto the President concerning the action it hastaken; the names, salaries, and duties of allindividuals in its employ and the moneys ithas disbursed; and shall make such furtherreports on the cause of and means of elimi-nating discrimination and such recommen-dations for further legislation as may appeardesirable.

(e) The Federal Executive Pay Act of1956, as amended (5 U.S.C. 2201 –2209), isfurther amended—

(1) by adding to section 105 thereof (5U.S.C. 2204) the following clause:

“(32) Chairman, Equal EmploymentOpportunity Commission”; and

(2) by adding to clause (45) of section106(a) thereof (5 U.S.C. 2205(a)) the follow-ing : “Equal Employment OpportunityCommission (4).”

(f ) The principal office of the Commis-sion shall be in or near the District of Co-lumbia, but it may meet or exercise any or allits powers at any other place. The Commis-sion may establish such regional or Stateoffices as it deems necessary to accomplishthe purpose of this title.

(g) The Commission shall have power—(1) to cooperate with and, with their

consent, utilize regional, State, local, andother agencies, both public and private, andindividuals;

(2) to pay to witnesses whose deposi-tions are taken or who are summoned beforethe Commission or any of its agents the samewitness and mileage fees as are paid to wit-nesses in the courts of the United States;

(3) to furnish to persons subject to thistitle such technical assistance as they may re-quest to further their compliance with thistitle or an order issued thereunder;


(4) upon the request of (i) any em-ployer, whose employees or some of them, or(ii) any labor organization, whose membersor some of them, refuse or threaten to refuseto cooperate in effectuating the provisions ofthis title, to assist in such effectuation by con-ciliation or such other remedial action as isprovided by this title;

(5) to make such technical studies asare appropriate to effectuate the purposes andpolicies of this title and to make the resultsof such studies available to the public;

(6) to refer matters to the AttorneyGeneral with recommendations for interven-tion in a civil action brought by an aggrievedparty under section 706, or for the institu-tion of a civil action by the Attorney Generalunder section 707, and to advise, consult,and assist the Attorney General on such mat-ters.

(h) Attorneys appointed under this sec-tion may, at the direction of the Commis-sion, appear for and represent the Commis-sion in any case in court.

(i) The Commission shall, in any of itseducational or promotional activities, coop-erate with other departments and agencies inthe performance of such educational andpromotional activities.

(j) All officers, agents, attorneys, andemployees of the Commission shall be sub-ject to the provisions of section 9 of the Actof August 2, 1939, as amended (the HatchAct), notwithstanding any exemption con-tained in such section.

Prevention of Unlawful Employment Practices

SEC. 706. (a) Whenever it is chargedin writing under oath by a person claimingto be aggrieved, or a written charge has beenfiled by a member of the Commission wherehe has reasonable cause to believe a violationof this title has occurred (and such chargesets forth the facts upon which it is based)that an employer, employment agency, orlabor organization has engaged in an unlaw-

ful employment practice, the Commissionshall furnish such employer, employmentagency, or labor organization (hereinafter re-ferred to as the “respondent”) with a copy ofsuch charge and shall make an investigationof such charge, provided that such chargeshall not be made public by the Commission.If the Commission shall determine, after suchinvestigation, that there is reasonable cause tobelieve that the charge is true, the Commis-sion shall endeavor to eliminate any such al-leged unlawful employment practice by in-formal methods of conference, conciliation,and persuasion. Nothing said or done duringand as a part of such endeavors may be madepublic by the Commission without the writ-ten consent of the parties, or used as evidencein a subsequent proceeding. Any officer oremployee of the Commission, who shallmake public in any manner whatever any in-formation in violation of this subsection shallbe deemed guilty of a misdemeanor andupon conviction thereof shall be fined notmore than $1,000 or imprisoned not morethan one year.

(b) In the case of an alleged unlawfulemployment practice occurring in a State, orpolitical subdivision of a State, which has aState or local law prohibiting the unlawfulemployment practice alleged and establishingor authorizing a State or local authority togrant or seek relief from such practice or toinstitute criminal proceedings with respectthereto upon receiving notice thereof, nocharge may be filed under subsection (a) bythe person aggrieved before the expiration ofsixty days after proceedings have been com-menced under the State or local law, unlesssuch proceedings have been earlier termi-nated, provided that such sixty-day periodshall be extended to one hundred and twentydays during the first year after the effectivedate of such State or local law. If any require-ment for the commencement of such pro-ceedings is imposed by a State or local au-thority other than a requirement of the filingof a written and signed statement of the facts


upon which the proceeding is based, the pro-ceeding shall be deemed to have been com-menced for the purposes of this subsection atthe time such statement is sent by registeredmail to the appropriate State or local author-ity.

(c) In the case of any charge filed by amember of the Commission alleging an un-lawful employment practice occurring in aState or political subdivision of a State, whichhas a State or local law prohibiting the prac-tice alleged and establishing or authorizing aState or local authority to grant or seek relieffrom such practice or to institute criminalproceedings with respect thereto upon receiv-ing notice thereof, the Commission shall, be-fore taking any action with respect to suchcharge, notify the appropriate State or localofficials and, upon request, afford them a rea-sonable time, but not less than sixty days(provided that such sixty-day period shall beextended to one hundred and twenty daysduring the first year after the effective day ofsuch State or local law), unless a shorter pe-riod is requested, to act under such State orlocal law to remedy the practice alleged.

(d) A charge under subsection (a) shallbe filed within ninety days after the allegedunlawful employment practice occurred, ex-cept that in the case of an unlawful employ-ment practice with respect to which the per-son aggrieved has followed the procedure setout in subsection (b), such charge shall befiled by the person aggrieved within twohundred and ten days after the alleged un-lawful employment practice occurred, orwithin thirty days after receiving notice thatthe State or local agency has terminated theproceedings under the State or local law,whichever is earlier, and a copy of suchcharge shall be filed by the Commission withthe State or local agency.

(e) If within thirty days after a chargeis filed with the Commission or within thirtydays after expiration of any period of refer-ence under subsection (c) (except that in ei-ther case such period may be extended to not

more than sixty days upon a determinationby the Commission that further efforts to se-cure voluntary compliance are warranted),the Commission has been unable to obtainvoluntary compliance with this title, theCommission shall so notify the person ag-grieved and a civil action may, within thirtydays thereafter, be brought against the re-spondent named in the charge (1) by the per-son claiming to be aggrieved, or (2) if suchcharge was filed by a member of the Com-mission, by any person whom the charge al-leges was aggrieved by the alleged unlawfulemployment practice. Upon application bythe complainant and in such circumstances asthe court may deem just, the court may ap-point an attorney for such complainant andmay authorize the commencement of the ac-tion without the payment of fees, costs, or se-curity. Upon timely application, the courtmay, in its discretion, permit the AttorneyGeneral to intervene in such civil action if hecertifies that the case is of general public im-portance. Upon request, the court may, in itsdiscretion, stay further proceedings for notmore than sixty days pending the terminationof State or local proceedings described insubsection (b) or the efforts of the Commis-sion to obtain voluntary compliance.

(f ) Each United States district courtand each United States court of a place sub-ject to the jurisdiction of the United Statesshall have jurisdiction of actions broughtunder this title. Such an action may bebrought in any judicial district in the State inwhich the unlawful employment practice isalleged to have been committed, in the judi-cial district in which the employment recordsrelevant to such practice are maintained andadministered, or in the judicial district inwhich the plaintiff would have worked butfor the alleged unlawful employment prac-tice, but if the respondent is not foundwithin any such district, such an action maybe brought within the judicial district inwhich the respondent has his principal office.For purposes of sections 1404 and 1406 of


title 28 of the United States Code, the judi-cial district in which the respondent has hisprincipal office shall in all cases be considereda district in which the action might have beenbrought.

(g) If the court finds that the respon-dent has intentionally engaged in or is inten-tionally engaging in an unlawful employmentpractice charged in the complaint, the courtmay enjoin the respondent from engaging insuch unlawful employment practice, andorder such affirmative action as may be ap-propriate, which may include reinstatementor hiring of employees, with or without backpay (payable by the employer, employmentagency, or labor organization, as the case maybe, responsible for the unlawful employmentpractice). Interim earnings or amounts earn-able with reasonable diligence by the personor persons discriminated against shall oper-ate to reduce the back pay otherwise allow-able. No order of the court shall require theadmission or reinstatement of an individualas a member of a union or the hiring, rein-statement, or promotion of an individual asan employee, or the payment to him of anyback pay, if such individual was refused ad-mission, suspended, or expelled or was re-fused employment or advancement or wassuspended or discharged for any reason otherthan discrimination on account of race,color, religion, sex or national origin or inviolation of section 704(a).

(h) The provisions of the Act entitled“An Act to amend the Judicial Code and todefine and limit the jurisdiction of courts sit-ting in equity, and for other purposes,” ap-proved March 23, 1932 (29 U.S.C. 101 –115),shall not apply with respect to civil actionsbrought under this section.

(i) In any case in which an employer,employment agency, or labor organizationfails to comply with an order of a court is-sued in a civil action brought under subsec-tion (e), the Commission may commenceproceedings to compel compliance with suchorder.

(j) Any civil action brought under sub-section (e) and any proceedings broughtunder subsection (i) shall be subject to appealas provided in sections 1291 and 1292, title28, United States Code.

(k) In any action or proceeding underthis title the court, in its discretion, mayallow the prevailing party, other than theCommission or the United States, a reason-able attorney’s fee as part of the costs, and theCommission and the United States shall beliable for costs the same as a private person.

SEC. 707. (a) Whenever the AttorneyGeneral has reasonable cause to believe thatany person or group of persons is engaged ina pattern or practice of resistance to the fullenjoyment of any of the rights secured by thistitle, and that the pattern or practice is ofsuch a nature and is intended to deny the fullexercise of the rights herein described, theAttorney General may bring a civil action inthe appropriate district court of the UnitedStates by filing with it a complaint (1) signedby him (or in his absence the Acting Attor-ney General), (2) setting forth facts pertain-ing to such pattern or practice, and (3) re-questing such relief, including an applicationfor a permanent or temporary injunction, re-straining order or other order against the per-son or persons responsible for such pattern orpractice, as he deems necessary to insure thefull enjoyment of the rights herein described.

(b) The district courts of the UnitedStates shall have and shall exercise jurisdic-tion of proceedings instituted pursuant tothis section, and in any such proceeding theAttorney General may file with the clerk ofsuch court a request that a court of threejudges be convened to hear and determinethe case. Such request by the Attorney Gen-eral shall be accompanied by a certificatethat, in his opinion, the case is of generalpublic importance. A copy of the certificateand request for a three-judge court shall beimmediately furnished by such clerk to thechief judge of the circuit (or in his absence,the presiding circuit judge of the circuit) in


which the case is pending. Upon receipt ofsuch request it shall be the duty of the chiefjudge of the circuit or the presiding circuitjudge, as the case may be, to designate im-mediately three judges in such circuit, ofwhom at least one shall be a circuit judge andanother of whom shall be a district judge ofthe court in which the proceeding was insti-tuted, to hear and determine such case, andit shall be the duty of the judges so desig-nated to assign the case for hearing at the ear-liest practicable date, to participate in thehearing and determination thereof, and tocause the case to be in every way expedited.An appeal from the final judgment of suchcourt will lie to the Supreme Court.

In the event the Attorney General failsto file such a request in any such proceeding,it shall be the duty of the chief judge of thedistrict (or in his absence, the acting chiefjudge) in which the case is pending immedi-ately to designate a judge in such district tohear and determine the case. In the event thatno judge in the district is available to hearand determine the case, the chief judge ofthe district, or the acting chief judge, as thecase may be, shall certify this fact to the chiefjudge of the circuit (or in his absence, theacting chief judge) who shall then designatea district or circuit judge of the circuit to hearand determine the case.

It shall be the duty of the judge desig-nated pursuant to this section to assign thecase for hearing at the earliest practicable dateand to cause the case to be in every way ex-pedited.

Effect on State Laws

SEC. 708. Nothing in this title shall bedeemed to exempt or relieve any person fromany liability, duty, penalty, or punishmentprovided by any present or future law of anyState or political subdivision of a State, otherthan any such law which purports to requireor permit the doing of any act which wouldbe an unlawful employment practice underthis title.

Investigation, Inspections, Records, State Agencies

SEC. 709. (a) In connection with anyinvestigation of a charge filed under section706, the Commission or its designated rep-resentative shall at all reasonable times haveaccess to, for the purposes of examination,and the right to copy any evidence of anyperson being investigated or proceededagainst that relates to unlawful employmentpractices covered by this title and is relevantto the charge under investigation.

(b) The Commission may cooperatewith State and local agencies charged withthe administration of State fair employmentpractices laws and, with the consent of suchagencies, may for the purpose of carrying outits functions and duties under this title andwithin the limitation of funds appropriatedspecifically for such purpose, utilize the serv-ices of such agencies and their employeesand, notwithstanding any other provision oflaw, may reimburse such agencies and theiremployees for services rendered to assist theCommission in carrying out this title. In fur-therance of such cooperative efforts, theCommission may enter into written agree-ments with such State or local agencies andsuch agreements may include provisionsunder which the Commission shall refrainfrom processing a charge in any cases or classof cases specified in such agreements andunder which no person may bring a civil ac-tion under section 706 in any cases or classof cases so specified, or under which theCommission shall relieve any person or classof persons in such State or locality from re-quirements imposed under this section. TheCommission shall rescind any such agree-ment whenever it determines that the agree-ment no longer serves the interest of effectiveenforcement of this title.

(c) Except as provided in subsection(d), every employer, employment agency, andlabor organization subject to this title shall (1)make and keep such records relevant to thedeterminations of whether unlawful employ-


ment practices have been or are being com-mitted, (2) preserve such records for such pe-riods, and (3) make such reports therefrom,as the Commission shall prescribe by regula-tion or order, after public hearing, as reason-able, necessary, or appropriate for the en-forcement of this title or the regulations ororders thereunder. The Commission shall, byregulation, require each employer, labor or-ganization, and joint labor-managementcommittee subject to this title which controlsan apprenticeship or other training programto maintain such records as are reasonablynecessary to carry out the purpose of thistitle, including, but not limited to, a list ofapplicants who wish to participate in suchprogram, including the chronological orderin which such applications were received, andshall furnish to the Commission, upon re-quest, a detailed description of the manner inwhich persons are selected to participate inthe apprenticeship or other training program.Any employer, employment agency, labor or-ganization, or joint labor-management com-mittee which believes that the application toit of any regulation or order issued under thissection would result in undue hardship may(1) apply to the Commission for an exemp-tion from the application of such regulationor order, or (2) bring a civil action in theUnited States district court for the districtwhere such records are kept. If the Commis-sion or the court, as the case may be, findsthat the application of the regulation or orderto the employer, employment agency, orlabor organization in question would imposean undue hardship, the Commission or thecourt, as the case may be, may grant appro-priate relief.

(d) The provisions of subsection (c) shallnot apply to any employer, employmentagency, labor organization, or joint labor-management committee with respect to mat-ters occurring in any State or political sub-division thereof which has a fair employmentpractice law during any period in which suchemployer, employment agency, labor organ-

ization, or joint labor-management commit-tee is subject to such law, except that theCommission may require such notations onrecords which such employer, employmentagency, labor organization, or joint labor-management committee keeps or is requiredto keep as are necessary because of differencesin coverage or methods of enforcement be-tween the State or local law and the provi-sions of this title. Where an employer is re-quired by Executive Order 10925, issuedMarch 6, 1961, or by any other Executiveorder prescribing fair employment practicesfor Government contractors and subcontrac-tors, or by rules or regulations issued there-under, to file reports relating to his employ-ment practices with any Federal agency orcommittee, and he is substantially in compli-ance with such requirements, the Commis-sion shall not require him to file additionalreports pursuant to subsection (c) of this sec-tion.

(e) It shall be unlawful for any officer oremployee of the Commission to make pub-lic in any manner whatever any informationobtained by the Commission pursuant to itsauthority under this section prior to the in-stitution of any proceeding under this titleinvolving such information. Any officer oremployee of the Commission who shall makepublic in any manner whatever any informa-tion in violation of this subsection shall beguilty of a misdemeanor and, upon convic-tion thereof, shall be fined not more than$1,000, or imprisoned not more than oneyear.

Investigatory Powers

SEC. 710. (a) For the purposes of anyinvestigation of a charge filed under the au-thority contained in section 706, the Com-mission shall have authority to examine wit-nesses under oath and to require theproduction of documentary evidence rele-vant or material to the charge under investi-gation.

(b) If the respondent named in a charge


filed under section 706 fails or refuses tocomply with a demand of the Commissionfor permission to examine or to copy evi-dence in conformity with the provisions ofsection 709(a), or if any person required tocomply with the provisions of section 709(c) or (d) fails or refuses to do so, or if anyperson fails or refuses to comply with a de-mand by the Commission to give testimonyunder oath, the United States district courtfor the district in which such person is found,resides, or transacts business, shall, upon ap-plication of the Commission, have jurisdic-tion to issue to such person an order requir-ing him to comply with the provisions ofsection 709 (c) or (d) or to comply with thedemand of the Commission, but the atten-dance of a witness may not be required out-side the State where he is found, resides, ortransacts business and the production of ev-idence may not be required outside the Statewhere such evidence is kept.

(c) Within twenty days after the serv-ice upon any person charged under section706 of a demand by the Commission for theproduction of documentary evidence or forpermission to examine or to copy evidence inconformity with the provisions of section709(a), such person may file in the districtcourt of the United States for the judicial dis-trict in which he resides, is found, or trans-acts business, and serve upon the Commis-sion a petition for an order of such courtmodifying or setting aside such demand. Thetime allowed for compliance with the de-mand in whole or in part as deemed properand ordered by the court shall not run dur-ing the pendency of such petition in thecourt. Such petition shall specify each groundupon which the petitioner relies in seekingsuch relief, and may be based upon any fail-ure of such demand to comply with the pro-visions of this title or with the limitationsgenerally applicable to compulsory processor upon any constitutional or other legalright or privilege of such person. No objec-tion which is not raised by such a petition

may be urged in the defense to a proceedinginitiated by the Commission under subsec-tion (b) for enforcement of such a demandunless such proceeding is commenced by theCommission prior to the expiration of thetwenty-day period, or unless the court de-termines that the defendant could not rea-sonably have been aware of the availability ofsuch ground of objection.

(d) In any proceeding brought by theCommission under subsection (b), except asprovided in subsection (c) of this section, thedefendant may petition the court for an ordermodifying or setting aside the demand of theCommission.

SEC. 711. (a) Every employer, employ-ment agency, and labor organization, as thecase may be, shall post and keep posted inconspicuous places upon its premises wherenotices to employees, applicants for employ-ment, and members are customarily posted anotice to be prepared or approved by theCommission setting forth excerpts from, orsummaries of, the pertinent provisions of thistitle and information pertinent to the filingof a complaint.

(b) A willful violation of this sectionshall be punishable by a fine of not more than$100 for each separate offense.

Veterans’ Preference

SEC. 712. Nothing contained in thistitle shall be construed to repeal or modifyany Federal, State, territorial, or local lawcreating special rights or preference for vet-erans.

Rules and Regulations

SEC. 713. (a) The Commission shallhave authority from time to time to issue,amend, or rescind suitable procedural regu-lations to carry out the provisions of this title.Regulations issued under this section shall bein conformity with the standards and limi-tations of the Administrative Procedure Act.

(b) In any action or proceeding basedon any alleged unlawful employment prac-tice, no person shall be subject to any liabil-


ity or punishment for or on account of (1) thecommission by such person of an unlawfulemployment practice if he pleads and provesthat the act or omission complained of wasin good faith, in conformity with, and in re-liance on any written interpretation or opin-ion of the Commission, or (2) the failure ofsuch person to publish and file any informa-tion required by any provision of this title ifhe pleads and proves that he failed to pub-lish and file such information in good faith,in conformity with the instructions of theCommission issued under this title regardingthe filing of such information. Such a de-fense, if established, shall be a bar to the ac-tion or proceeding, notwithstanding that (A)after such act or omission, such interpreta-tion or opinion is modified or rescinded or isdetermined by judicial authority to be in-valid or of no legal effect, or (B) after pub-lishing or filing the description and annualreports, such publication or filing is deter-mined by judicial authority not to be in con-formity with the requirements of this title.

Forcibly Resisting the Commission or its Representatives

SEC. 714. The provisions of section 111,title 18, United States Code, shall apply toofficers, agents, and employees of the Com-mission in the performance of their officialduties.

Special Study by Secretary of Labor

SEC. 715. The Secretary of Labor shallmake a full and complete study of the factorswhich might tend to result in discriminationin employment because of age and of theconsequences of such discrimination on theeconomy and individuals affected. The Sec-retary of Labor shall make a report to theCongress not later than June 30, 1965, con-taining the results of such study and shall in-clude in such report such recommendationsfor legislation to prevent arbitrary discrimi-nation in employment because of age as hedetermines advisable.

Effective Date

SEC. 716. (a) This title shall become ef-fective one year after the date of its enact-ment.

(b) Notwithstanding subsection (a),sections of this title other than sections 703,704, 706, and 707 shall become effective im-mediately.

(c) The President shall, as soon as fea-sible after the enactment of this title, conveneone or more conferences for the purpose ofenabling the leaders of groups whose mem-bers will be affected by this title to becomefamiliar with the rights afforded and obliga-tions imposed by its provisions, and for thepurpose of making plans which will result inthe fair and effective administration of thistitle when all of its provisions become effec-tive. The President shall invite the participa-tion in such conference or conferences of (1)the members of the President’s Committeeon Equal Employment Opportunity, (2) themembers of the Commission on Civil Rights,(3) representatives of State and local agen-cies engaged in furthering equal employmentopportunity, (4) representatives of privateagencies engaged in furthering equal employ-ment opportunity, and (5) representatives ofemployers, labor organizations, and employ-ment agencies who will be subject to thistitle.

TITLE VIII—REGISTRATION AND

VOTING STATISTICS

SEC. 801. The Secretary of Commerceshall promptly conduct a survey to compileregistration and voting statistics in such ge-ographic areas as may be recommended bythe Commission on Civil Rights. Such a sur-vey and compilation shall, to the extent rec-ommended by the Commission on CivilRights, only include a count of persons ofvoting age by race, color, and national origin,and determination of the extent to whichsuch persons are registered to vote, and havevoted in any statewide primary or generalelection in which the Members of the United


States House of Representatives are nomi-nated or elected, since January 1, 1960. Suchinformation shall also be collected and com-piled in connection with the Nineteenth De-cennial Census, and at such other times as theCongress may prescribe. The provisions ofsection 9 and chapter 7 of title 13, UnitedStates Code, shall apply to any survey, col-lection, or compilation of registration andvoting statistics carried out under this title :Provided, however, That no person shall becompelled to disclose his race, color, nationalorigin, or questioned about his political partyaffiliation, how he voted, or the reasonstherefore, nor shall any penalty be imposedfor his failure or refusal to make such disclo-sure. Every person interrogated orally, bywritten survey or questionnaire or by anyother means with respect to such informa-tion shall be fully advised with respect to hisright to fail or refuse to furnish such infor-mation.

TITLE IX—INTERVENTION AND

PROCEDURE AFTER REMOVAL

IN CIVIL RIGHTS CASES

SEC. 901. Title 28 of the United StatesCode, section 1447(d), is amended to read asfollows:

“An order remanding a case to the Statecourt from which it was removed is not re-viewable on appeal or otherwise, except thatan order remanding a case to the State courtfrom which it was removed pursuant to sec-tion 1443 of this title shall be reviewable byappeal or otherwise.”

SEC. 902. Whenever an action has beencommenced in any court of the United Statesseeking relief from the denial of equal pro-tection of the laws under the fourteenthamendment to the Constitution on accountof race, color, religion, or national origin, theAttorney General for or in the name of theUnited States may intervene in such actionupon timely application if the Attorney Gen-eral certifies that the case is of general pub-lic importance. In such action the United

States shall be entitled to the same relief as ifit had instituted the action.

TITLE X—ESTABLISHMENT OF

COMMUNITY RELATIONS SERVICE

SEC. 1001. (a) There is hereby establishedin and as a part of the Department of Com-merce a Community Relations Service (here-inafter referred to as the “Service”), which shallbe headed by a Director who shall be ap-pointed by the President with the advice andconsent of the Senate for a term of four years.The Director is authorized to appoint, sub-ject to the civil service laws and regulations,such other personnel as may be necessary toenable the Service to carry out its functionsand duties, and to fix their compensation inaccordance with the Classification Act of1949, as amended. The Director is furtherauthorized to procure services as authorizedby section 15 of the Act of August 2, 1946 (60Stat. 810; 5 U.S.C. 55(a)), but at rates for in-dividuals not in excess of $75 per diem.

(b) Section 106(a) of the Federal Exec-utive Pay Act of 1956, as amended (5 U.S.C.2205(a)), is further amended by adding thefollowing clause thereto:

“(52) Director, Community RelationsService.”

SEC. 1002. It shall be the function ofthe Service to provide assistance to commu-nities and persons therein in resolving dis-putes, disagreements, or difficulties relatingto discriminatory practices based on race,color, or national origin which impair therights of persons in such communities underthe Constitution or laws of the United Statesor which affect or may affect interstate com-merce. The Service may offer its services incases of such disputes, disagreements, ordifficulties whenever, in its judgment, peace-ful relations among the citizens of the com-munity involved are threatened thereby, andit may offer its services either upon its ownmotion or upon the request of an appropri-ate State or local official or other interestedperson.


SEC. 1003. (a) The Service shall, when-ever possible, in performing its functions,seek and utilize the cooperation of appropri-ate State or local, public, or private agencies.

(b) The activities of all officers and em-ployees of the Service in providing concilia-tion assistance shall be conducted inconfidence and without publicity, and theService shall hold confidential any informa-tion acquired in the regular performance ofits duties upon the understanding that itwould be so held. No officer or employee ofthe Service shall engage in the performanceof investigative or prosecuting functions ofany department or agency in any litigationarising out of a dispute in which he acted onbehalf of the Service. Any officer or otheremployee of the Service, who shall makepublic in any manner whatever any informa-tion in violation of this subsection, shall bedeemed guilty of a misdemeanor and, uponconviction thereof, shall be fined not morethan $1,000 or imprisoned not more than oneyear.

SEC. 1004. Subject to the provisions ofsections 205 and 1003(b), the Director shall,on or before January 31 of each year, submitto the Congress a report of the activities ofthe Service during the preceding fiscal year.

TITLE XI—MISCELLANEOUS

SEC. 1101. In any proceeding for crim-inal contempt arising under title II, III, IV,V, VI, or VII of this Act, the accused, upondemand therefor, shall be entitled to a trialby jury, which shall conform as near as maybe to the practice in criminal cases. Uponconviction, the accused shall not be finedmore than $1,000 or imprisoned for morethan six months.

This section shall not apply to con-tempts committed in the presence of thecourt, or so near thereto as to obstruct theadministration of justice, nor to the misbe-havior, misconduct, or disobedience of anyofficer of the court in respect to writs, orders,or process of the court. No person shall be

convicted of criminal contempt hereunderunless the act or omission constituting suchcontempt shall have been intentional, as re-quired in other cases of criminal contempt.

Nor shall anything herein be construedto deprive courts of their power, by civil con-tempt proceedings, without a jury, to securecompliance with or to prevent obstructionof, as distinguished from punishment for vi-olations of, any lawful writ, process, order,rule, decree, or command of the court in ac-cordance with the prevailing usages of lawand equity, including the power of deten-tion.

SEC. 1102. No person should be puttwice in jeopardy under the laws of theUnited States for the same act or omission.For this reason, an acquittal or conviction ina prosecution for a specific crime under thelaws of the United States shall bar a proceed-ing for criminal contempt, which is basedupon the same act or omission and whicharises under the provisions of this Act; andan acquittal or conviction in a proceeding forcriminal contempt, which arises under theprovisions of this Act, shall bar a prosecutionfor a specific crime under the laws of theUnited States based upon the same act oromission.

SEC. 1103. Nothing in this Act shall beconstrued to deny, impair, or otherwise af-fect any right or authority of the AttorneyGeneral or of the United States or any agencyor officer thereof under existing law to insti-tute or intervene in any action or proceed-ing.

SEC. 1104. Nothing contained in anytitle of this Act shall be construed as indicat-ing an intent on the part of Congress to oc-cupy the field in which any such title oper-ates to the exclusion of State laws on the samesubject matter, nor shall any provision of thisAct be construed as invalidating any provi-sion of State law unless such provision is in-consistent with any of the purposes of thisAct, or any provision thereof.

SEC. 1105. There are hereby authorized


to be appropriated such sums as are necessaryto carry out the provisions of this Act.

SEC. 1106. If any provision of this Actor the application thereof to any person orcircumstances is held invalid, the remainder

of the Act and the application of the provi-sion to other persons not similarly situated orto other circumstances shall not be affectedthereby.

Approved July 2, 1964.


The History*

This “act to enforce the fifteenth amend-ment to the Constitution” was signed intolaw 95 years after the amendment wasratified. In those years, African Americans inthe South faced tremendous obstacles to vot-ing, including poll taxes, literacy tests, andother bureaucratic restrictions to deny themthe right to vote. They also risked harass-ment, intimidation, economic reprisals, andphysical violence when they tried to registeror vote. As a result, very few African Amer-icans were registered voters, and they hadvery little, if any, political power, either lo-cally or nationally.

In 1964, numerous demonstrations wereheld, and the considerable violence thaterupted brought renewed attention to theissue of voting rights. The murder of voting-rights activists in Mississippi and the attackby state troopers on peaceful marchers inSelma, Alabama, gained national attentionand persuaded President Johnson and Con-gress to initiate meaningful and effective na-tional voting rights legislation. The combi-nation of public revulsion to the violence and

Johnson’s political skills stimulated Congressto pass the voting rights bill on August 5, 1965.

The legislation, which President Johnsonsigned into law the next day, outlawed liter-acy tests and provided for the appointment ofFederal examiners (with the power to registerqualified citizens to vote) in those jurisdic-tions that were “covered” according to a for-mula provided in the statute. In addition,Section 5 of the act required covered jurisdic-tions to obtain “preclearance” from either theDistrict Court for the District of Columbiaor the U.S. Attorney General for any newvoting practices and procedures. Section 2,which closely followed the language of the15th amendment, applied a nationwide pro-hibition of the denial or abridgment of theright to vote on account of race or color. Theuse of poll taxes in national elections hadbeen abolished by the 24th amendment(1964) to the Constitution; the Voting RightsAct directed the Attorney General to chal-lenge the use of poll taxes in state and localelections. In Harper v. Virginia State Board of

Elections, 383 U.S. 663 (1966), the SupremeCourt held Virginia’s poll tax to be uncon-stitutional under the 14th amendment.

CHAPTER 17

Voting Rights Act(August 6, 1965)


133

*Originally published as “Voting Rights Act (1965),” America’s Historical Documents, The National Archives, U.S.National Archives and Records Administration, College Park, Maryland, 2008. For additional information see “Vot-ing Rights Act (1965),” America’s Historical Documents, U.S. National Archives and Records Administration, Col-lege Park, Maryland, 2008. This agency is listed in the National Resource Directory section of this volume.

Because the Voting Rights Act of 1965was the most significant statutory change inthe relationship between the Federal and stategovernments in the area of voting since theReconstruction period following the CivilWar, it was immediately challenged in thecourts. Between 1965 and 1969, the SupremeCourt issued several key decisions upholdingthe constitutionality of Section 5 andaffirming the broad range of voting practicesfor which preclearance was required. [SeeSouth Carolina v. Katzenbach, 383 U.S. 301,327–28 (1966) and Allen v. State Board of

Elections, 393 U.S. 544 (1969)].The law had an immediate impact. By

the end of 1965, a quarter of a million newblack voters had been registered, one-thirdby Federal examiners. By the end of 1966,only 4 out of the 13 southern states had fewerthan 50 percent of African Americans regis-tered to vote. The Voting Rights Act of 1965was readopted and strengthened in 1970,1975, and 1982.

The Document

Voting Rights Act

AN ACT To enforce the fifteenthamendment to the Constitution of theUnited States, and for other purposes.

Be it enacted by the Senate and Houseof Representatives of the United States ofAmerica in Congress [p*338] assembled,That this Act shall be known as the “VotingRights Act of 1965.”

SEC. 2. No voting qualification or pre-requisite to voting, or standard, practice, orprocedure shall be imposed or applied by anyState or political subdivision to deny orabridge the right of any citizen of the UnitedStates to vote on account of race or color.

SEC. 3. (a) Whenever the Attorney General in-

stitutes a proceeding under any statute to en-force the guarantees of the fifteenth amend-

ment in any State or political subdivision thecourt shall authorize the appointment of Fed-eral examiners by the United States Civil Ser-vice Commission in accordance with section6 to serve for such period of time and forsuch political subdivisions as the court shalldetermine is appropriate to enforce the guar-antees of the fifteenth amendment (1) as partof any interlocutory order if the court deter-mines that the appointment of such examin-ers is necessary to enforce such guarantees or(2) as part of any final judgment if the courtfinds that violations of the fifteenth amend-ment justifying equitable relief have occurredin such State or subdivision: Provided, Thatthe court need not authorize the appoint-ment of examiners if any incidents of denialor abridgement of the right to vote on ac-count of race or color (1) have been few innumber and have been promptly and effec-tively corrected by State or local action, (2)the continuing effect of such incidents hasbeen eliminated, and (3) there is no reason-able probability of their recurrence in the fu-ture. (b) If in a proceeding instituted by theAttorney General under any statute to en-force the guarantees of the fifteenth amend-ment in any State or political subdivision thecourt finds that a test or device has been usedfor the purpose or with the effect of denyingor abridging the right of any citizen of theUnited States to vote on account of race orcolor, it shall suspend the use of [p*339] testsand devices in such State or political subdi-visions as the court shall determine is appro-priate and for such period as it deems neces-sary.

(c) If in any proceeding instituted bythe Attorney General under any statute toenforce the guarantees of the fifteenthamendment in any State or political subdi-vision the court finds that violations of thefifteenth amendment justifying equitable re-lief have occurred within the territory of suchState or political subdivision, the court, inaddition to such relief as it may grant, shallretain jurisdiction for such period as it may


deem appropriate and during such period novoting qualification or prerequisite to voting,or standard, practice, or procedure with re-spect to voting different from that in force oreffect at the time the proceeding was com-menced shall be enforced unless and until thecourt finds that such qualification, prerequi-site, standard, practice, or procedure does nothave the purpose and will not have the effectof denying or abridging the right to vote onaccount of race or color: Provided, That suchqualification, prerequisite, standard, practice,or procedure may be enforced if the qualifi-cation, prerequisite, standard, practice, orprocedure has been submitted by the chieflegal officer or other appropriate official ofsuch State or subdivision to the AttorneyGeneral and the Attorney General has notinterposed an objection within sixty daysafter such submission, except that neither thecourt’s finding nor the Attorney General’sfailure to object shall bar a subsequent ac-tion to enjoin enforcement of such qualifica-tion, prerequisite, standard, practice, or pro-cedure.

SEC. 4. (a) To assure that the right ofcitizens of the United States to vote is notdenied or abridged on account of race orcolor, no citizen shall be denied the right tovote in any Federal, State, or local electionbecause of his failure to comply with any testor device in any State with respect to whichthe determinations have been [p*340] madeunder subsection (b) or in any political sub-division with respect to which such determi-nations have been made as a separate unit,unless the United States District Court forthe District of Columbia in an action for adeclaratory judgment brought by such Stateor subdivision against the United States hasdetermined that no such test or device hasbeen used during the five years preceding thefiling of the action for the purpose or withthe effect of denying or abridging the right tovote on account of race or color: Provided,That no such declaratory judgment shallissue with respect to any plaintiff for a period

of five years after the entry of a final judg-ment of any court of the United States, otherthan the denial of a declaratory judgmentunder this section, whether entered prior toor after the enactment of this Act, determin-ing that denials or abridgments of the rightto vote on account of race or color throughthe use of such tests or devices have occurredanywhere in the territory of such plaintiff.An action pursuant to this subsection shall beheard and determined by a court of threejudges in accordance with the provisions ofsection 2284 of title 28 of the United StatesCode and any appeal shall lie to the SupremeCourt. The court shall retain jurisdiction ofany action pursuant to this subsection for fiveyears after judgment and shall reopen the ac-tion upon motion of the Attorney Generalalleging that a test or device has been used forthe purpose or with the effect of denying orabridging the right to vote on account of raceor color.

If the Attorney General determines thathe has no reason to believe that any such testor device has been used during the five yearspreceding the filing of the action for the pur-pose or with the effect of denying or abridg-ing the right to vote on account of race orcolor, he shall consent to the entry of suchjudgment.

(b) The provisions of subsection (a)shall apply in any State or in any politicalsubdivision of a state which (1) the AttorneyGeneral determines maintained on Novem-ber 1, 1964, any test or device, and with re-spect to which (2) the Director of the Cen-sus determines that less than 50 percentumof the persons of voting age residing thereinwere registered on November 1, 1964, or thatless than 50 percentum of such persons votedin the presidential election of November 1964.

A determination or certification of theAttorney General or of the Director of theCensus under this section or under section 6or section 13 shall not be reviewable in anycourt and shall be effective upon publicationin the Federal Register.

17. Voting Rights Act 135

(c) The phrase “test or device” shallmean any requirement that a person as a pre-requisite for voting or registration for voting(1) demonstrate the ability to read, write, un-derstand, or interpret any matter, (2) demon-strate any educational achievement or hisknowledge of any particular subject, (3) pos-sess good moral character, or (4) prove hisqualifications by the voucher of registeredvoters or members of any other class.

(d) For purposes of this section no Stateor political subdivision shall be determinedto have engaged in the use of tests or devicesfor the purpose or with the effect of denyingor abridging the right to vote on account ofrace or color if (1) incidents of such use havebeen few in number and have been promptlyand effectively corrected by State or local ac-tion, (2) the continuing effect of such inci-dents has been eliminated, and (3) there is noreasonable probability of their recurrence inthe future.

(e)(1) Congress hereby declares that tosecure the rights under the fourteenthamendment of persons educated in Ameri-can-flag schools in which the predominant[p*342] classroom language was other thanEnglish, it is necessary to prohibit the Statesfrom conditioning the right to vote of suchpersons on ability to read, write, understand,or interpret any matter in the English lan-guage. (2) No person who demonstrates thathe has successfully completed the sixth pri-mary grade in a public school in, or a privateschool accredited by, any State or territory,the District of Columbia, or the Common-wealth of Puerto Rico in which the predom-inant classroom language was other than En-glish, shall be denied the right to vote in anyFederal, State, or local election because of hisinability to read, write, understand, or inter-pret any matter in the English language, ex-cept that, in States in which State law pro-vides that a different level of education ispresumptive of literacy, he shall demonstratethat he has successfully completed an equiv-alent level of education in a public school in,

or a private school accredited by, any State orterritory, the District of Columbia, or theCommonwealth of Puerto Rico in which thepredominant classroom language was otherthan English.

SEC. 5. Whenever a State or politicalsubdivision with respect to which the prohi-bitions set forth in section 4(a) are in effectshall enact or seek to administer any votingqualification or prerequisite to voting, orstandard, practice, or procedure with respectto voting different from that in force or ef-fect on November 1, 1964, such State or sub-division may institute an action in the UnitedStates District Court for the District of Co-lumbia for a declaratory judgment that suchqualification, prerequisite, standard, practice,or procedure does not have the purpose andwill not have the effect of denying or abridg-ing the right to vote on account of race orcolor, and unless and until the court enterssuch judgment no person shall be denied theright to vote for failure to comply with suchqualification, prerequisite, standard, practice,[p*343] or procedure: Provided, That suchqualification, prerequisite, standard, practice,or procedure may be enforced without suchproceeding if the qualification, prerequisite,standard, practice, or procedure has beensubmitted by the chief legal officer or otherappropriate official of such State or subdivi-sion to the Attorney General and the Attor-ney General has not interposed an objectionwithin sixty days after such submission, ex-cept that neither the Attorney General’s fail-ure to object nor a declaratory judgment en-tered under this section shall bar a subsequentaction to enjoin enforcement of such qualifi-cation, prerequisite, standard, practice, orprocedure. Any action under this sectionshall be heard and determined by a court ofthree judges in accordance with the provi-sions of section 2284 of title 28 of the UnitedStates Code and any appeal shall lie to theSupreme Court.

SEC. 6. Whenever (a) a court has au-thorized the appointment of examiners pur-


suant to the provisions of section 3(a), or (b)unless a declaratory judgment has been ren-dered under section 4(a), the Attorney Gen-eral certifies with respect to any political sub-division named in, or included within thescope of, determinations made under section4(b) that (1) he has received complaints inwriting from twenty or more residents ofsuch political subdivision alleging that theyhave been denied the right to vote undercolor of law on account of race or color, andthat he believes such complaints to be meri-torious, or (2) that, in his judgment (consid-ering, among other factors, whether the ratioof nonwhite persons to white persons regis-tered to vote within such subdivision appearsto him to be reasonably attributable to vio-lations of the fifteenth amendment orwhether substantial evidence exists that bonafide efforts are being made within such sub-division to comply with the fifteenth amend-ment), the appointment of examiners isotherwise necessary to [p*344] enforce theguarantees of the fifteenth amendment, theCivil Service Commission shall appoint asmany examiners for such subdivision as itmay deem appropriate to prepare and main-tain lists of persons eligible to vote in Fed-eral, State, and local elections. Such examin-ers, hearing officers provided for in section9(a), and other persons deemed necessary bythe Commission to carry out the provisionsand purposes of this Act shall be appointed,compensated, and separated without regardto the provisions of any statute administeredby the Civil Service Commission, and serv-ice under this Act shall not be considered em-ployment for the purposes of any statute ad-ministered by the Civil Service Commission,except the provisions of section 9 of the Actof August 2, 1939, as amended (5 U.S.C.118i), prohibiting partisan political activity:Provided, That the Commission is author-ized, after consulting the head of the appro-priate department or agency, to designatesuitable persons in the official service of theUnited States, with their consent, to serve in

these positions. Examiners and hearing offi-cers shall have the power to administer oaths.

SEC. 7.(a) The examiners for each political

subdivision shall, at such places as the CivilService Commission shall by regulation des-ignate, examine applicants concerning theirqualifications for voting. An application to anexaminer shall be in such form as the Com-mission may require and shall contain allega-tions that the applicant is not otherwise reg-istered to vote.

(b) Any person whom the examinerfinds, in accordance with instructions re-ceived under section 9(b), to have the qualifi-cations prescribed by State law not inconsis-tent with the Constitution and laws of theUnited States shall promptly be placed on alist of eligible voters. A challenge to such list-ing may be made in accordance with section9(a) and shall not be the basis for a prosecu-tion under section 12 of this Act. The exam-iner [p*345] shall certify and transmit suchlist, and any supplements as appropriate, atleast once a month, to the offices of the ap-propriate election officials, with copies to theAttorney General and the attorney general ofthe State, and any such lists and supplementsthereto transmitted during the month shallbe available for public inspection on the lastbusiness day of the month and, in any event,not later than the forty-fifth day prior to anyelection. The appropriate State or local elec-tion official shall place such names on theofficial voting list. Any person whose nameappears on the examiner’s list shall be enti-tled and allowed to vote in the election dis-trict of his residence unless and until the ap-propriate election officials shall have beennotified that such person has been removedfrom such list in accordance with subsection(d): Provided, That no person shall be enti-tled to vote in any election by virtue of thisAct unless his name shall have been certifiedand transmitted on such a list to the officesof the appropriate election officials at leastforty-five days prior to such election.


(c) The examiner shall issue to eachperson whose name appears on such a list acertificate evidencing his eligibility to vote.

(d) A person whose name appears onsuch a list shall be removed therefrom by anexaminer if (1) such person has been success-fully challenged in accordance with the pro-cedure prescribed in section 9, or (2) he hasbeen determined by an examiner to have losthis eligibility to vote under State law not in-consistent with the Constitution and the lawsof the United States.

Sec. 8. Whenever an examiner is serv-ing under this Act in any political subdivi-sion, the Civil Service Commission may as-sign, at the request of the Attorney General,one or more persons, who may be officers ofthe United States, (1) to enter and attend atany place for holding an election in such sub-division for the purpose [p*346] of observ-ing whether persons who are entitled to voteare being permitted to vote, and (2) to enterand attend at any place for tabulating thevotes cast at any election held in such subdi-vision for the purpose of observing whethervotes cast by persons entitled to vote arebeing properly tabulated. Such persons so as-signed shall report to an examiner appointedfor such political subdivision, to the Attor-ney General, and if the appointment of ex-aminers has been authorized pursuant to sec-tion 3(a), to the court.

SEC. 9.(a) Any challenge to a listing on an el-

igibility list prepared by an examiner shall beheard and determined by a hearing officer ap-pointed by and responsible to the Civil Ser-vice Commission and under such rules as theCommission shall by regulation prescribe.Such challenge shall be entertained only iffiled at such office within the State as theCivil Service Commission shall by regulationdesignate, and within ten days after the list-ing of the challenged person is made availablefor public inspection, and if supported by (1)the affidavits of at least two persons havingpersonal knowledge of the facts constituting

grounds for the challenge, and (2) a certifi-cation that a copy of the challenge and affi-davits have been served by mail or in personupon the person challenged at his place of res-idence set out in the application. Such chal-lenge shall be determined within fifteen daysafter it has been filed. A petition for review ofthe decision of the hearing officer may be filedin the United States court of appeals for thecircuit in which the person challenged resideswithin fifteen days after service of such de-cision by mail on the person petitioning forreview but no decision of a hearing officershall be reversed unless clearly erroneous.Any person listed shall be entitled and al-lowed to vote pending final determination bythe hearing officer and by the court [p*347].

(b) The times, places, procedures, andform for application and listing pursuant tothis Act and removals from the eligibility listsshall be prescribed by regulations promul-gated by the Civil Service Commission andthe Commission shall, after consultationwith the Attorney General, instruct examin-ers concerning applicable State law not in-consistent with the Constitution and laws ofthe United States with respect to (1) thequalifications required for listing, and (2) lossof eligibility to vote.

(c) Upon the request of the applicantor the challenger or on its own motion theCivil Service Commission shall have thepower to require by subpoena the attendanceand testimony of witnesses and the produc-tion of documentary evidence relating to anymatter pending before it under the authorityof this section. In case of contumacy or re-fusal to obey a subpoena, any district courtof the United States or the United Statescourt of any territory or possession, or theDistrict Court of the United States for theDistrict of Columbia, within the jurisdictionof which said person guilty of contumacy orrefusal to obey is found or resides or is domi-ciled or transacts business, or has appointedan agent for receipt of service of process,upon application by the Attorney General of


the United States shall have jurisdiction toissue to such person an order requiring suchperson to appear before the Commission ora hearing officer, there to produce pertinent,relevant, and nonprivileged documentary ev-idence if so ordered, or there to give testi-mony touching the matter under investiga-tion, and any failure to obey such order of thecourt may be punished by said court as a con-tempt thereof.

SEC. 10. (a) The Congress finds that therequirement of the payment of a poll tax asa precondition to voting (i) precludes per-sons of limited means from voting or imposesunreasonable financial hardship upon suchpersons [p*348] as a precondition to theirexercise of the franchise, (ii) does not bear areasonable relationship to any legitimateState interest in the conduct of elections, and(iii) in some areas has the purpose or effectof denying persons the right to vote becauseof race or color. Upon the basis of these find-ings, Congress declares that the constitu-tional right of citizens to vote is denied orabridged in some areas by the requirement ofthe payment of a poll tax as a preconditionto voting. (b) In the exercise of the powersof Congress under section 5 of the fourteenthamendment and section 2 of the fifteenthamendment, the Attorney General is author-ized and directed to institute forthwith in thename of the United States such actions, in-cluding actions against States or political sub-divisions, for declaratory judgment or in-junctive relief against the enforcement of anyrequirement of the payment of a poll tax asa precondition to voting, or substitute there-for enacted after November 1, 1964, as will benecessary to implement the declaration ofsubsection (a) and the purposes of this sec-tion.

(c) The district courts of the UnitedStates shall have jurisdiction of such actionswhich shall be heard and determined by acourt of three judges in accordance with theprovisions of section 2284 of title 28 of theUnited States Code and any appeal shall lie

to the Supreme Court. It shall be the duty ofthe judges designated to hear the case to as-sign the case for hearing at the earliest prac-ticable date, to participate in the hearing anddetermination thereof, and to cause the caseto be in every way expedited.

(d) During the pendency of such ac-tions, and thereafter if the courts, notwith-standing this action by the Congress, shoulddeclare the requirement of the payment of apoll tax to be constitutional, no citizen of theUnited States who is a resident of a State orpolitical [p*349] subdivision with respect towhich determinations have been made undersubsection 4(b) and a declaratory judgmenthas not been entered under subsection 4(a),during the first year he becomes otherwiseentitled to vote by reason of registration byState or local officials or listing by an exam-iner, shall be denied the right to vote for fail-ure to pay a poll tax if he tenders payment ofsuch tax for the current year to an examineror to the appropriate State or local official atleast forty-five days prior to election, whetheror not such tender would be timely or ade-quate under State law. An examiner shallhave authority to accept such payment fromany person authorized by this Act to make anapplication for listing, and shall issue a re-ceipt for such payment. The examiner shalltransmit promptly any such poll tax paymentto the office of the State or local official au-thorized to receive such payment under Statelaw, together with the name and address ofthe applicant.

SEC. 11. (a) No person acting undercolor of law shall fail or refuse to permit anyperson to vote who is entitled to vote underany provision of this Act or is otherwisequalified to vote, or willfully fail or refuse totabulate, count, and report such person’svote. (b) No person, whether acting undercolor of law or otherwise, shall intimidate,threaten, or coerce, or attempt to intimidate,threaten, or coerce any person for voting orattempting to vote, or intimidate, threaten,or coerce, or attempt to intimidate, threaten,


or coerce any person for urging or aiding anyperson to vote or attempt to vote, or intim-idate, threaten, or coerce any person for ex-ercising any powers or duties under section3(a), 6, 8, 9, 10, or 12(e).

(c) Whoever knowingly or willfullygives false information as to his name, ad-dress, or period of residence in the votingdistrict for the purpose of establishing his el-igibility to register or vote, or conspires withanother [p*350] individual for the purpose ofencouraging his false registration to vote orillegal voting, or pays or offers to pay or ac-cepts payment either for registration to voteor for voting shall be fined not more than$10,000 or imprisoned not more than fiveyears, or both: Provided, however, That thisprovision shall be applicable only to general,special, or primary elections held solely or inpart for the purpose of selecting or electingany candidate for the office of President, VicePresident, presidential elector, Member ofthe United States Senate, Member of theUnited States House of Representatives, orDelegates or Commissioners from the terri-tories or possessions, or Resident Commis-sioner of the Commonwealth of Puerto Rico.

(d) Whoever, in any matter within thejurisdiction of an examiner or hearing officerknowingly and willfully falsifies or concealsa material fact, or makes any false, fictitious,or fraudulent statements or representations,or makes or uses any false writing or docu-ment knowing the same to contain any false,fictitious, or fraudulent statement or entry,shall be fined not more than $10,000 or im-prisoned not more than five years, or both.

SEC. 12. (a) Whoever shall deprive orattempt to deprive any person of any right se-cured by section 2, 3, 4, 5, 7, or 10 or shallviolate section 11(a) or (b), shall be fined notmore than $5,000, or imprisoned not morethan five years, or both. (b) Whoever, withina year following an election in a political sub-division in which an examiner has been ap-pointed (1) destroys, defaces, mutilates, orotherwise alters the marking of a paper bal-

lot which has been cast in such election, or(2) alters any official record of voting in suchelection tabulated from a voting machine orotherwise, shall be fined not more than$5,000, or imprisoned not more than fiveyears, or both [p*351].

(c) Whoever conspires to violate theprovisions of subsection (a) or (b) of this sec-tion, or interferes with any right secured bysection 2, 3 4, 5, 7, 10, or 11(a) or (b) shall befined not more than $5,000, or imprisonednot more than five years, or both.

(d) Whenever any person has engagedor there are reasonable grounds to believethat any person is about to engage in any actor practice prohibited by section 2, 3, 4, 5,7, 10, 11, or subsection (b) of this section, theAttorney General may institute for theUnited States, or in the name of the UnitedStates, an action for preventive relief, includ-ing an application for a temporary or perma-nent injunction, restraining order, or otherorder, and including an order directed to theState and State or local election officials to re-quire them (1) to permit persons listed underthis Act to vote and (2) to count such votes.

(e) Whenever in any political subdivi-sion in which there are examiners appointedpursuant to this Act any persons allege tosuch an examiner within forty-eight hoursafter the closing of the polls that notwith-standing (1) their listing under this Act orregistration by an appropriate election officialand (2) their eligibility to vote, they have notbeen permitted to vote in such election, theexaminer shall forthwith notify the AttorneyGeneral if such allegations in his opinion ap-pear to be well founded. Upon receipt ofsuch notification, the Attorney General mayforthwith file with the district court an ap-plication for an order providing for the mark-ing, casting, and counting of the ballots ofsuch persons and requiring the inclusion oftheir votes in the total vote before the resultsof such election shall be deemed final andany force or effect given thereto. The districtcourt shall hear and determine such matters


immediately after the filing of such applica-tion. The remedy provided [p*352] in thissubsection shall not preclude any remedyavailable under State or Federal law.

(f ) The district courts of the UnitedStates shall have jurisdiction of proceedingsinstituted pursuant to this section and shallexercise the same without regard to whethera person asserting rights under the provisionsof this Act shall have exhausted any admin-istrative or other remedies that may be pro-vided by law.

SEC. 13. Listing procedures shall be ter-minated in any political subdivision of anyState (a) with respect to examiners appointedpursuant to clause (b) of section 6 wheneverthe Attorney General notifies the Civil Ser-vice Commission, or whenever the DistrictCourt for the District of Columbia deter-mines in an action for declaratory judgmentbrought by any political subdivision with re-spect to which the Director of the Censushas determined that more than 50 percentumof the nonwhite persons of voting age resid-ing therein are registered to vote, (1) that allpersons listed by an examiner for such sub-division have been placed on the appropriatevoting registration roll, and (2) that there isno longer reasonable cause to believe thatpersons will be deprived of or denied theright to vote on account of race or color insuch subdivision, and (b), with respect to ex-aminers appointed pursuant to section 3(a),upon order of the authorizing court. A po-litical subdivision may petition the AttorneyGeneral for the termination of listing proce-dures under clause (a) of this section, andmay petition the Attorney General to requestthe Director of the Census to take such sur-vey or census as may be appropriate for themaking of the determination provided for inthis section. The District Court for the Dis-trict of Columbia shall have jurisdiction torequire such survey or census to be made bythe Director of the Census and it shall re-quire him to do so if it deems the Attorney[p*353] General’s refusal to request such sur-

vey or census to be arbitrary or unreasonable.SEC. 14.

(a) All cases of criminal contempt aris-ing under the provisions of this Act shall begoverned by section 151 of the Civil RightsAct of 1957 (42 U.S.C. 1995). (b) No courtother than the District Court for the Districtof Columbia or a court of appeals in any pro-ceeding under section 9 shall have jurisdic-tion to issue any declaratory judgment pur-suant to section 4 or section 5 or anyrestraining order or temporary or permanentinjunction against the execution or enforce-ment of any provision of this Act or any ac-tion of any Federal officer or employee pur-suant hereto.

(c)(1) The terms “vote” or “voting” shallinclude all action necessary to make a vote ef-fective in any primary, special, or general elec-tion, including, but not limited to, registra-tion, listing pursuant to this Act, or otheraction required by law prerequisite to vot-ing, casting a ballot, and having such ballotcounted properly and included in the appro-priate totals of votes cast with respect to can-didates for public or party office and propo-sitions for which votes are received in anelection. (2) The term “political subdivision”shall mean any county or parish, except that,where registration for voting is not conductedunder the supervision of a county or parish,the term shall include any other subdivision ofa State which conducts registration for voting.

(d) In any action for a declaratory judg-ment brought pursuant to section 4 or sec-tion 5 of this Act, subpoenas for witnesseswho are required to attend the District Courtfor the District of Columbia may be servedin any judicial district of the United States:Provided, That no writ of subpoena shallissue for witnesses without the District ofColumbia at a greater distance than one hun-dred [p*354] miles from the place of hold-ing court without the permission of the Dis-trict Court for the District of Columbiabeing first had upon proper application andcause shown.


SEC. 15. Section 2004 of the RevisedStatutes (42 U.S.C. 1971), as amended by sec-tion 131 of the Civil Rights Act of 1957 (71Stat. 637), and amended by section 601 of theCivil Rights Act of 1960 (74 Stat. 90), andas further amended by section 101 of the CivilRights Act of 1964 (78 Stat. 241), is furtheramended as follows:

(a) Delete the word “Federal” whereverit appears in subsections (a) and (c); (b) Re-peal subsection (f ) and designate the presentsubsections (g) and (h) as (f ) and (g), respec-tively.

SEC. 16. The Attorney General and theSecretary of Defense, jointly, shall make a fulland complete study to determine whether,under the laws or practices of any State orStates, there are preconditions to voting,which might tend to result in discriminationagainst citizens serving in the Armed Forcesof the United States seeking to vote. Suchofficials shall, jointly, make a report to theCongress not later than June 30, 1966, con-

taining the results of such study, togetherwith a list of any States in which such pre-conditions exist, and shall include in such re-port such recommendations for legislation asthey deem advisable to prevent discrimina-tion in voting against citizens serving in theArmed Forces of the United States.

SEC. 17. Nothing in this Act shall beconstrued to deny, impair, or otherwise ad-versely affect the right to vote of any personregistered to vote under the law of any Stateor political subdivision.

SEC. 18. There are hereby authorized tobe appropriated such sums as are necessary tocarry out the provisions of this Act [p*355].

SEC 19. If any provision of this Act orthe application thereof to any person or cir-cumstances is held invalid, the remainder ofthe Act and the application of the provisionto other persons not similarly situated or toother circumstances shall not be affectedthereby.

Approved August 6, 1965.


The History*

The American War for Independence(1775–83) was actually a world conflict, in-volving not only the United States and GreatBritain but also France, Spain, and theNetherlands. The peace process brought avaguely formed, newly born United Statesinto the arena of international diplomacy,playing against the largest, most sophisti-cated, and most established powers on earth.

The three American negotiators, JohnAdams, Benjamin Franklin, and John Jay,proved themselves to be masters of the game,outmaneuvering their counterparts andclinging fiercely to the points of nationalinterest that guaranteed a future for theUnited States. Two crucial provisions of thetreaty were British recognition of U.S. inde-pendence and the delineation of boundariesthat would allow for American western ex-pansion.

The Treaty of Paris of 1783 ended theWar of Independence and granted the thir-teen colonies political freedom. A prelimi-nary treaty between Great Britain and theUnited States had been signed in 1782, but

the final agreement was not signed until Sep-tember 3, 1783.

In the final agreement, the British rec-ognized the independence of the UnitedStates. The treaty established generousboundaries for the United States; U.S. terri-tory now extended from the Atlantic Oceanto the Mississippi River in the west, and fromthe Great Lakes and Canada in the north tothe 31st parallel in the south. The U.S. fishingfleet was guaranteed access to the fisheries offthe coast of Newfoundland with their plen-tiful supply of cod.

Navigation of the Mississippi River wasto be open to both the United States and GreatBritain. Creditors of both countries were notto be impeded from collecting their debts,and Congress was to recommend to the statesthat loyalists to the British cause during thewar should be treated fairly and their rightsand confiscated property restored.

The treaty is named for the city inwhich it was negotiated and signed. The lastpage bears the signatures of David Hartley,who represented Great Britain, and the threeAmerican negotiators, who signed theirnames in alphabetical order.

SECTION IV: TERRITORY

CHAPTER 18

Treaty of Paris(September 3, 1783)


143

*Originally published as “Treaty of Paris (1783),” 100 Milestone Documents, The National Archives, U.S. NationalArchives and Records Administration, College Park, Maryland, 2009. For additional information see “Treaty ofParis,” Primary Documents in American History, Library of Congress, Washington, DC, 2009. This agency is listedin the National Resource Directory section of this volume.

Many treaty documents, however, canbe considered as originals. In this case, for ex-ample, the U.S. and British representativessigned at least three originals, two of whichare in the holdings of the National Archives.On one of the signed originals the signaturesand wax seals are arranged horizontally; onthe other they are arranged vertically. In ad-dition, handwritten certified copies weremade for the use of Congress. Some onlinetranscriptions of the treaty omit Delawarefrom the list of the former colonies, but theoriginal text does list Delaware.

The Document

Treaty of Paris

In the name of the most holy and un-divided Trinity.

It having pleased the Divine Providenceto dispose the hearts of the most serene andmost potent Prince George the Third, by thegrace of God, king of Great Britain, France,and Ireland, defender of the faith, duke ofBrunswick and Lunebourg, arch-treasurerand prince elector of the Holy Roman Em-pire etc., and of the United States of Amer-ica, to forget all past misunderstandings anddifferences that have unhappily interruptedthe good correspondence and friendshipwhich they mutually wish to restore, and toestablish such a beneficial and satisfactory in-tercourse, between the two countries uponthe ground of reciprocal advantages and mu-tual convenience as may promote and secureto both perpetual peace and harmony; andhaving for this desirable end already laid thefoundation of peace and reconciliation by theProvisional Articles signed at Paris on the30th of November 1782, by the commission-ers empowered on each part, which articleswere agreed to be inserted in and constitutethe Treaty of Peace proposed to be concludedbetween the Crown of Great Britain and thesaid United States, but which treaty was not

to be concluded until terms of peace shouldbe agreed upon between Great Britain andFrance and his Britannic Majesty should beready to conclude such treaty accordingly;and the treaty between Great Britain andFrance having since been concluded, his Bri-tannic Majesty and the United States ofAmerica, in order to carry into full effect theProvisional Articles above mentioned, ac-cording to the tenor thereof, have constitutedand appointed, that is to say his BritannicMajesty on his part, David Hartley, Esqr.,member of the Parliament of Great Britain,and the said United States on their part, JohnAdams, Esqr., late a commissioner of theUnited States of America at the court of Ver-sailles, late delegate in Congress from thestate of Massachusetts, and chief justice ofthe said state, and minister plenipotentiary ofthe said United States to their high mighti-nesses the States General of the UnitedNetherlands; Benjamin Franklin, Esqr., latedelegate in Congress from the state of Penn-sylvania, president of the convention of thesaid state, and minister plenipotentiary fromthe United States of America at the court ofVersailles; John Jay, Esqr., late president ofCongress and chief justice of the state of NewYork, and minister plenipotentiary from thesaid United States at the court of Madrid; tobe plenipotentiaries for the concluding andsigning the present definitive treaty; whoafter having reciprocally communicated theirrespective full powers have agreed upon andconfirmed the following articles.

ARTICLE 1:

His Britannic Majesty acknowledges thesaid United States, viz ., New Hampshire,Massachusetts Bay, Rhode Island and Provi-dence Plantations, Connecticut, New York,New Jersey, Pennsylvania, Delaware, Mary-land, Virginia, North Carolina, South Car-olina and Georgia, to be free sovereign andindependent states, that he treats with themas such, and for himself, his heirs, and suc-cessors, relinquishes all claims to the govern-

144 IV. TERRITORY

ment, propriety, and territorial rights of thesame and every part thereof.

ARTICLE 2:

And that all disputes which might arisein future on the subject of the boundaries ofthe said United States may be prevented, it ishereby agreed and declared, that the follow-ing are and shall be their boundaries, viz.;from the northwest angle of Nova Scotia,viz., that angle which is formed by a linedrawn due north from the source of St. CroixRiver to the highlands; along the said high-lands which divide those rivers that emptythemselves into the river St. Lawrence, fromthose which fall into the Atlantic Ocean, tothe northwesternmost head of ConnecticutRiver; thence down along the middle of thatriver to the forty-fifth degree of north lati-tude; from thence by a line due west on saidlatitude until it strikes the river Iroquois orCataraquy; thence along the middle of saidriver into Lake Ontario; through the middleof said lake until it strikes the communica-tion by water between that lake and LakeErie; thence along the middle of said com-munication into Lake Erie, through the mid-dle of said lake until it arrives at the watercommunication between that lake and LakeHuron; thence along the middle of said watercommunication into Lake Huron, thencethrough the middle of said lake to the watercommunication between that lake and LakeSuperior; thence through Lake Superiornorthward of the Isles Royal and Phelipeauxto the Long Lake; thence through the mid-dle of said Long Lake and the water commu-nication between it and the Lake of theWoods, to the said Lake of the Woods;thence through the said lake to the mostnorthwesternmost point thereof, and fromthence on a due west course to the river Mis-sissippi; thence by a line to be drawn alongthe middle of the said river Mississippi untilit shall intersect the northernmost part of thethirty-first degree of north latitude, South,by a line to be drawn due east from the de-

termination of the line last mentioned in thelatitude of thirty-one degrees of the equator,to the middle of the river Apalachicola orCatahouche; thence along the middle thereofto its junction with the Flint River, thencestraight to the head of Saint Mary’s River;and thence down along the middle of SaintMary’s River to the Atlantic Ocean; east, bya line to be drawn along the middle of theriver Saint Croix, from its mouth in the Bayof Fundy to its source, and from its source di-rectly north to the aforesaid highlands whichdivide the rivers that fall into the AtlanticOcean from those which fall into the riverSaint Lawrence; comprehending all islandswithin twenty leagues of any part of theshores of the United States, and lying be-tween lines to be drawn due east from thepoints where the aforesaid boundaries be-tween Nova Scotia on the one part and EastFlorida on the other shall, respectively, touchthe Bay of Fundy and the Atlantic Ocean,excepting such islands as now are or hereto-fore have been within the limits of the saidprovince of Nova Scotia.

ARTICLE 3:

It is agreed that the people of the UnitedStates shall continue to enjoy unmolested theright to take fish of every kind on the GrandBank and on all the other banks of New-foundland, also in the Gulf of Saint Lawrenceand at all other places in the sea, where theinhabitants of both countries used at anytime heretofore to fish. And also that the in-habitants of the United States shall have lib-erty to take fish of every kind on such partof the coast of Newfoundland as Britishfishermen shall use, (but not to dry or curethe same on that island) and also on thecoasts, bays and creeks of all other of his Bri-tannic Majesty’s dominions in America; andthat the American fishermen shall have lib-erty to dry and cure fish in any of the unset-tled bays, harbors, and creeks of Nova Sco-tia, Magdalen Islands, and Labrador, so longas the same shall remain unsettled, but so

18. Treaty of Paris 145

soon as the same or either of them shall besettled, it shall not be lawful for the saidfishermen to dry or cure fish at such settle-ment without a previous agreement for thatpurpose with the inhabitants, proprietors, orpossessors of the ground.

ARTICLE 4:

It is agreed that creditors on either sideshall meet with no lawful impediment to therecovery of the full value in sterling moneyof all bona fide debts heretofore contracted.

ARTICLE 5:

It is agreed that Congress shall earnestlyrecommend it to the legislatures of the re-spective states to provide for the restitutionof all estates, rights, and properties, whichhave been confiscated belonging to real Brit-ish subjects; and also of the estates, rights,and properties of persons resident in districtsin the possession on his Majesty’s arms andwho have not borne arms against the saidUnited States. And that persons of any otherdescription shall have free liberty to go toany part or parts of any of the thirteenUnited States and therein to remain twelvemonths unmolested in their endeavors to ob-tain the restitution of such of their estates,rights, and properties as may have beenconfiscated; and that Congress shall alsoearnestly recommend to the several states areconsideration and revision of all acts or lawsregarding the premises, so as to render thesaid laws or acts perfectly consistent not onlywith justice and equity but with that spiritof conciliation which on the return of theblessings of peace should universally prevail.And that Congress shall also earnestly rec-ommend to the several states that the estates,rights, and properties, of such last mentionedpersons shall be restored to them, they re-funding to any persons who may be now inpossession the bona fide price (where any hasbeen given) which such persons may havepaid on purchasing any of the said lands,rights, or properties since the confiscation.

And it is agreed that all persons whohave any interest in confiscated lands, eitherby debts, marriage settlements, or otherwise,shall meet with no lawful impediment in theprosecution of their just rights.

ARTICLE 6:

That there shall be no future confisca-tions made nor any prosecutions commencedagainst any person or persons for, or by rea-son of, the part which he or they may havetaken in the present war, and that no personshall on that account suffer any future loss ordamage, either in his person, liberty, or prop-erty; and that those who may be in confine-ment on such charges at the time of theratification of the treaty in America shall beimmediately set at liberty, and the prosecu-tions so commenced be discontinued.

ARTICLE 7:

There shall be a firm and perpetualpeace between his Britannic Majesty and thesaid states, and between the subjects of theone and the citizens of the other, whereforeall hostilities both by sea and land shall fromhenceforth cease. All prisoners on both sidesshall be set at liberty, and his BritannicMajesty shall with all convenient speed, andwithout causing any destruction, or carryingaway any Negroes or other property of theAmerican inhabitants, withdraw all hisarmies, garrisons, and fleets from the saidUnited States, and from every post, place,and harbor within the same; leaving in allfortifications, the American artilery that maybe therein; and shall also order and cause allarchives, records, deeds, and papers belong-ing to any of the said states, or their citizens,which in the course of the war may havefallen into the hands of his officers, to beforthwith restored and delivered to the properstates and persons to whom they belong.

ARTICLE 8:

The navigation of the river Mississippi,from its source to the ocean, shall forever re-

146 IV. TERRITORY

main free and open to the subjects of GreatBritain and the citizens of the United States.

ARTICLE 9:

In case it should so happen that anyplace or territory belonging to Great Britainor to the United States should have been con-quered by the arms of either from the otherbefore the arrival of the said Provisional Ar-

ticles in America, it is agreed that the sameshall be restored without difficulty and with-out requiring any compensation.

ARTICLE 10:

The solemn ratifications of the presenttreaty expedited in good and due form shallbe exchanged between the contracting parties

in the space of six months or sooner, if pos-sible, to be computed from the day of thesignatures of the present treaty. In witnesswhereof we the undersigned, their ministersplenipotentiary, have in their name and invirtue of our full powers, signed with ourhands the present definitive treaty and causedthe seals of our arms to be affixed thereto.

Done at Paris, this third day of Septem-ber in the year of our Lord, one thousandseven hundred and eighty-three.

D. HARTLEY (SEAL)JOHN ADAMS (SEAL)B. FRANKLIN (SEAL)JOHN JAY (SEAL)

18. Treaty of Paris 147

The History*

The Land Ordinance of 1785 wasadopted by the United States Congress onMay 20, 1785. Under the Articles of Con-federation, Congress did not have the powerto raise revenue by direct taxation of the in-habitants of the United States. Therefore, theimmediate goal of the ordinance was to raisemoney through the sale of land in the largelyunmapped territory west of the originalcolonies acquired from Britain at the end ofthe Revolutionary War.

In addition, the act provided for the po-litical organization of these territories. Theearlier Ordinance of 1784 called for the landwest of the Appalachian Mountains, north ofthe Ohio River and east of the MississippiRiver to be divided into ten separate states.However, it did not define the mechanismby which the land would become states, orhow the territories would be governed or set-tled before they became states. The Ordi-nance of 1785, along with the Northwest Or-dinance of 1787, were intended to addressthese political needs.

The 1785 ordinance laid the founda-tions of land policy in the United States ofAmerica until passage of the Homestead Actof 1862. The Land Ordinance established thebasis for the Public Land Survey System. Theinitial surveying was performed by ThomasHutchins. After he died in 1789, responsibil-ity for surveying was transferred to the Sur-veyor General. Land was to be systematicallysurveyed into square “townships,” six miles(9.656 km) on a side. Each of these town-ships were subdivided into thirty-six “sec-tions” of one square mile (2.59 km2) or 640acres. These sections could then be furthersubdivided for sale to settlers and land spec-ulators.

The ordinance was also significant forestablishing a mechanism for funding publiceducation. Section 16 in each township wasreserved for the maintenance of publicschools. Many schools today are still locatedin section sixteen of their respective town-ships, although a great many of the schoolsections were sold to raise money for publiceducation. In theory, the federal governmentalso reserved sections 8, 11, 26 and 29 to com-

CHAPTER 19

Land Ordinance(May 20, 1785)


148

*Originally published as “Land Ordinance of 1785,” Wikipedia, Wikimedia Foundation, Inc., San Francisco, Cal-ifornia, November 2009. For additional information see “The New Nation, 1783–1815: Policies and Problems ofthe Confederated Government,” American Memory Timeline, Library of Congress, Washington, DC, 2007. Thisagency is listed in the National Resource Directory section of this volume.

pensate veterans of the Revolutionary War,but examination of property abstracts inOhio indicates that this was not uniformlypracticed. The Point of Beginning for the1785 survey was where Ohio (as the eastern-most part of the Northwest Territory), Penn-sylvania and Virginia (now West Virginia)met, on the north shore of the Ohio Rivernear East Liverpool, Ohio. There is a histor-ical marker just north of the site, at the stateline where Ohio Route 39 becomes Pennsyl-vania Route 68.

The Document

Land Ordinance

An Ordinance for ascertaining the modeof disposing of Lands in the Western Terri-tory.

Be it ordained by the United States inCongress assembled, that the territory cededby individual States to the United States,which has been purchased of the Indian in-habitants, shall be disposed of in the follow-ing manner:

A surveyor from each state shall be ap-pointed by Congress, or a committee of theStates, who shall take an Oath for the faith-ful discharge of his duty, before the Geogra-pher of the United States, who is hereby em-powered and directed to administer the same;and the like oath shall be administered toeach chain carrier, by the surveyor underwhom he acts.

The Geographer, under whose directionthe surveyors shall act, shall occasionallyform such regulations for their conduct, as heshall deem necessary; and shall have author-ity to suspend them for misconduct in Office,and shall make report of the same to Con-gress or to the Committee of the States; andhe shall make report in case of sickness,death, or resignation of any surveyor.

The Surveyors, as they are respectivelyqualified, shall proceed to divide the said ter-

ritory into townships of six miles square, bylines running due north and south, and oth-ers crossing these at right angles, as near asmay be, unless where the boundaries of thelate Indian purchases may render the sameimpracticable, and then they shall departfrom this rule no farther than such particu-lar circumstances may require; and each sur-veyor shall be allowed and paid at the rate oftwo dollars for every mile, in length, he shallrun, including the wages of chain carriers,markers, and every other expense attendingthe same.

The first line, running north and southas aforesaid, shall begin on the river Ohio, ata point that shall be found to be due northfrom the western termination of a line, whichhas been run as the southern boundary of thestate of Pennsylvania; and the first line, run-ning east and west, shall begin at the samepoint, and shall extend throughout the wholeterritory. Provided, that nothing herein shallbe construed, as fixing the western boundaryof the state of Pennsylvania. The geographershall designate the townships, or fractionalparts of townships, by numbers progressivelyfrom south to north; always beginning eachrange with number one; and the ranges shallbe distinguished by their progressive num-bers to the westward. The first range, extend-ing from the Ohio to the lake Erie, beingmarked number one. The geographer shallpersonally attend to the running of the firsteast and west line; and shall take the latitudeof the extremes of the first north and southline, and of the mouths of the principalrivers.

The lines shall be measured with achain; shall be plainly marked by chaps onthe trees and exactly described on a plat;whereon shall be noted by the surveyor, attheir proper distances, all mines, salt springs,salt licks and mill seats, that shall come to hisknowledge, and all water courses, mountainsand other remarkable and permanent things,over and near which such lines shall pass, andalso the quality of the lands.

19. Land Ordinance 149

The plats of the townships respectively,shall be marked by subdivisions into lots ofone mile square, or 640 acres, in the same di-rection as the external lines, and numberedfrom 1 to 36; always beginning the succeed-ing range of the lots with the number next tothat with which the preceding one con-cluded. And where, from the causes beforementioned, only a fractional part of a town-ship shall be surveyed, the lots protractedthereon, shall bear the same numbers as ifthe township had been entire. And the sur-veyors, in running the external lines of thetownships, shall, at the interval of every mile,mark corners for the lots which are adjacent,always designating the same in a differentmanner from those of the townships.

The geographer and surveyors shall paythe utmost attention to the variation of themagnetic needle; and shall run and note alllines by the true meridian, certifying, withevery plat, what was the variation at the timesof running the lines thereon noted.

As soon as seven ranges of townships,and fractional parts of townships, in the di-rection from south to north, shall have beensurveyed, the geographer shall transmit platsthereof to the board of treasury, who shallrecord the same with the report, in wellbound books to be kept for that purpose.And the geographer shall make similar re-turns, from time to time, of every sevenranges as they may be surveyed. The Secre-tary at War shall have recourse thereto, andshall take by lot therefrom, a number oftownships, and fractional parts of townships,as well from those to be sold entire as fromthose to be sold in lots, as will be equal to oneseventh part of the whole of such sevenranges, as nearly as may be, for the use of thelate continental army; and he shall make asimilar draught, from time to time, until asufficient quantity is drawn to satisfy thesame, to be applied in manner hereinafter di-rected. The board of treasury shall, from timeto time, cause the remaining numbers, as wellthose to be sold entire, as those to be sold in

lots, to be drawn for, in the name of the thir-teen states respectively, according to the quo-tas in the last preceding requisition on all thestates; provided, that in case more land thanits proportion is allotted for sale, in any state,at any distribution, a deduction be madetherefore at the next.

The board of treasury shall transmit acopy of the original plats, previously notingthereon, the townships, and fractional partsof townships, which shall have fallen to theseveral states, by the distribution aforesaid, tothe Commissioners of the loan office of theseveral states, who, after giving notice of notless than two nor more than six months bycausing advertisements to be posted up at thecourt houses, or other noted places in everycounty, and to be inserted in one newspaper,published in the states of their residence re-spectively, shall proceed to sell the townships,or fractional parts of townships, at publicvendue, in the following manner, viz.: Thetownship, or fractional part of a township, N1, in the first range, shall be sold entire; andN 2, in the same range, by lots; and thus inalternate order through the whole of the firstrange. The township, or fractional part of atownship, N 1, in the second range, shall besold by lots; and N 2, in the same range, en-tire; and so in alternate order through thewhole of the second range; and the thirdrange shall be sold in the same manner as thefirst, and the fourth in the same manner asthe second, and thus alternately throughoutall the ranges; provided, that none of thelands, within the said territory, be sold underthe price of one dollar the acre, to be paid inspecie, or loan office certificates, reduced tospecie value, by the scale of depreciation, orcertificates of liquidated debts of the UnitedStates, including interest, besides the expenseof the survey and other charges thereon,which are hereby rated at thirty six dollars thetownship, in specie or certificates as afore-said, and so in the same proportion for a frac-tional part of a township, or of a lot, to bepaid at the time of sales; on failure of which

150 IV. TERRITORY

payment, the said lands shall again be offeredfor sale.

There shall be reserved for the UnitedStates out of every township, the four lots,being numbered 8, 11, 26, 29, and out ofevery fractional part of a township, so manylots of the same numbers as shall be foundthereon, for future sale. There shall be re-served the lot N 16, of every township, for themaintenance of public schools, within thesaid township; also one third part of all gold,silver, lead and copper mines, to be sold, orotherwise disposed of as Congress shall here-after direct.

When any township, or fractional partof a township, shall have been sold as afore-said, and the money or certificates receivedtherefore, the loan officer shall deliver a deedin the following terms:

The United States of America to all towhom these presents shall come, greeting:

Know ye, That for the consideration of_____ dollars we have granted, and hereby dogrant and confirm _____ unto the township,(or fractional part of a township, as the casemay be) numbered _____ in the range _____excepting therefrom, and reserving one thirdpart of all gold, silver, lead and copper mineswithin the same; and the lots Ns 8, 11, 26,and 29, for future sale or disposition, and thelot N 16, for the maintenance of publicschools. To have to the said _____ his heirsand assigns for ever; (or if more than onepurchaser to the said _____ their heirs andassigns for ever as tenants in Common.) Inwitness whereof, (A.B.) Commissioner of theloan office, in the State of _____ hath, inconformity to the Ordinance passed by theUnited States in Congress assembled, thetwentieth day of May, in the year of our Lordone thousand seven hundred and eighty five,hereunto set his hand and affixed his seal this_____ day of _____ in the year of our Lord_____ and of the independence of the UnitedStates of America.

And when any township, or fractionalpart of a township, shall be sold by lots as

aforesaid, the Commissioner of the loan officeshall deliver a deed therefore in the follow-ing form:

The United States of America to all towhom these presents shall come, greeting:

Know ye, That for the consideration of_____ dollars, we have granted, and herebydo grant and confirm unto _____ the lot (orlots, as the case may be, in the township orfractional part of the township, as the casemay be) numbered _____ in the range _____excepting and reserving one third part of allgold, silver, lead and copper mines withinthe same, for future sale or disposition. Tohave to the said _____ his heirs and assignsfor ever; (or if more than one purchaser, tothe said _____ their heirs and assigns for everas tenants in common). In witness whereof,(A.B.) Commissioner of the continental loanoffice in the state of _____ hath, in conform-ity to the Ordinance passed by the UnitedStates in Congress assembled, the twentiethday of May, in the year of our Lord 1785,hereunto set his hand and affixed his seal, this_____ day of _____ in the year of our Lord_____ and of the independence of the UnitedStates of America.

Which deeds shall be recorded in properbooks by the commissioner of the loan officeand shall be certified to have been recorded,previous to their being delivered to the pur-chaser, and shall be good and valid to con-vey the lands in the same described.

The commissioners of the loan officesrespectively, shall transmit to the board oftreasury every three months, an account ofthe townships, fractional parts of townships,and lots committed to their charge; specify-ing therein the names of the persons to whomsold, and the sums of money or certificates re-ceived for the same; and shall cause allcertificates by them received, to be struckthrough with a circular punch; and they shallbe duly charged in the books of the treasury,with the amount of the moneys orcertificates, distinguishing the same, by themreceived as aforesaid.


If any township, or fractional part of atownship or lot, remains unsold for eighteenmonths after the plat shall have been received,by the commissioners of the loan office, thesame shall be returned to the board of treas-ury, and shall be sold in such manner as Con-gress may hereafter direct.

And whereas Congress by their resolu-tions of September 16 and 18 in the year 1776,and the 12th of August, 1780, stipulatedgrants of land to certain officers and soldiersof the late continental army, and by the res-olution of the 22d September, 1780, stipu-lated grants of land to certain officers in thehospital department of the late continentalarmy; for complying therefore with such en-gagements, Be it ordained, That the secre-tary at war, from the returns in his office, orsuch other evidence as the nature of the casemay admit, determine who are the objects ofthe above resolutions and engagements, andthe quantity of land to which such persons ortheir representatives are respectively entitled,and cause the townships, or fractional partsof townships, hereinbefore reserved for theuse of the late continental army, to be drawnfor in such manner as he shall deem expedi-ent, to answer the purpose of an impartialdistribution. He shall, from time to time,transmit certificates to the commissioners ofthe loan offices of the different states, to thelines of which the military claimants have re-spectively belonged, specifying the name andrank of the party, the terms of his engage-ment and time of his service, and the divi-sion, brigade, regiment or company to whichhe belonged, the quantity of land he is enti-tled to, and the township, or fractional partof a township, and range out of which hisportion is to be taken.

The commissioners of the loan officesshall execute deeds for such undivided pro-portions in manner and form herein before-mentioned, varying only in such a degree asto make the same conformable to the certifi-cate from the Secretary at War.

Where any military claimants of bounty

in land shall not have belonged to the line ofany particular state, similar certificates shallbe sent to the board of treasury, who shallexecute deeds to the parties for the same.

The Secretary at War, from the properreturns, shall transmit to the board of treas-ury, a certificate specifying the name andrank of the several claimants of the hospitaldepartment of the late continental army, to-gether with the quantity of land eachclaimant is entitled to, and the township, orfractional part of a township, and range outof which his portion is to be taken; andthereupon the board of treasury shall pro-ceed to execute deeds to such claimants.

The board of treasury, and the commis-sioners of the loan offices in the states, shall,within 18 months, return receipts to the sec-retary at war, for all deeds which have beendelivered, as also all the original deeds whichremain in their hands for want of applicants,having been first recorded; which deeds soreturned, shall be preserved in the office, untilthe parties or their representatives require thesame.

And be it further Ordained, That threetownships adjacent to lake Erie be reserved,to be hereafter disposed of by Congress, forthe use of the officers, men and others,refugees from Canada, and the refugees fromNova Scotia, who are or may be entitled togrants of land under resolutions of Congressnow existing, or which may hereafter bemade respecting them, and for such otherpurposes as Congress may hereafter direct.And be it further Ordained, That the townsof Gnadenhutten, Schoenbrun and Salem,on the Muskingum, and so much of the landsadjoining to the said towns, with the build-ings and improvements thereon, shall be re-served for the sole use of the Christian Indi-ans, who were formerly settled there, or theremains of that society, as may, in the judg-ment of the geographer, be sufficient forthem to cultivate.

Saving and reserving always, to allofficers and soldiers entitled to lands on the

152 IV. TERRITORY

northwest side of the Ohio, by donation orbounty from the commonwealth of Virginia,and to all persons claiming under them, allrights to which they are so entitled, underthe deed of cession executed by the delegatesfor the state of Virginia, on the first day ofMarch, 1784, and the act of Congress accept-ing the same: and to the end that the saidrights may be fully and effectually secured,according to the true intent and meaning ofthe said deed of cession and act aforesaid, Beit Ordained, that no part of the land includedbetween the rivers called little Miami andSciota, on the northwest side of the river

Ohio, be sold, or in any manner alienated,until there shall first have been laid off andappropriated for the said Officers and Sol-diers, and persons claiming under them, thelands they are entitled to, agreeably to thesaid deed of cession and act of Congress ac-cepting the same.

Done by the United States in Congressassembled, the 20th day of May, in the yearof our Lord 1785, and of our sovereignty andindependence the ninth.

Charles Thomson, Secretary

Richard H. Lee, President


The History*

The Northwest Ordinance (formally AnOrdinance for the Government of the Terri-tory of the United States, North-West of theRiver Ohio, and also known as the FreedomOrdinance) was an act of the Congress of theConfederation of the United States. The Or-dinance unanimously passed on July 13, 1787.The primary effect of the ordinance was thecreation of the Northwest Territory as thefirst organized territory of the United Statesout of the region south of the Great Lakes,north and west of the Ohio River, and eastof the Mississippi River. On August 7, 1789,the U.S. Congress affirmed the Ordinancewith slight modifications under the Consti-tution.

Arguably the single most importantpiece of legislation passed by members of theearlier Continental Congresses other than theDeclaration of Independence, it establishedthe precedent by which the United Stateswould expand westward across North Amer-ica by the admission of new states, ratherthan by the expansion of existing states.

The act also through the most empow-ered recognition of the importance of educa-tion and its encouragement provided for theconcept of a sponsored higher education. TheMorrill Act of 1862 and the Morrill Act of1890 would follow and forever change the re-lationship of higher education and govern-ment. Higher education would become a toolfor a good government and through theHatch Act of 1887, an equal partner in sup-porting the growing needs of the expandingagrarian society.

Further, the banning of slavery in theterritory had the effect of establishing theOhio River as the boundary between free andslave territory in the region between theAppalachian Mountains and the MississippiRiver. This division helped set the stage forthe balancing act between free and slavestates that was the basis of a critical politicalquestion in American politics in the 19th cen-tury until the Civil War.

The passage of the ordinance followedthe relinquishing of all claims by the statesover the territory, which was to be adminis-tered directly by Congress, with the intent of

CHAPTER 20

Northwest Ordinance( July 13, 1787)


154

*Originally published as “Northwest Ordinance,” Wikipedia, Wikimedia Foundation, Inc., San Francisco, Califor-nia, November 2009. For additional information see “Northwest Ordinance (1787),” 100 Milestone Documents, U.S.National Archives and Records Administration, College Park, Maryland, 2008. This agency is listed in the NationalResource Directory section of this volume.

eventual admission of newly created statesfrom the territory. The legislation was revolu-tionary in that it established the precedent forlands to be administered by the central gov-ernment, albeit temporarily, rather than un-derneath the jurisdiction of particular states.

The most significant intended purposeof the legislation was its mandate for the cre-ation of new states from the region, once apopulation of 60,000 had been achievedwithin a particular territory. The actual legalmechanism of the admission of new stateswas established in the Enabling Act of 1802.The first state created from the territory wasOhio, in 1803.

The Northwest Ordinance, along withthe Land Ordinance of 1785, laid the legaland cultural groundwork for Midwestern(and subsequently, western) development.Significantly, the free state legal philosophiesof both Abraham Lincoln and Salmon P.Chase (Chief Justice, Senator, and early Ohiolaw author) were derived from the NorthwestOrdinance.

The Document

Northwest Ordinance

An Ordinance for the government ofthe Territory of the United States northwestof the River Ohio.

Section 1. Be it ordained by the UnitedStates in Congress assembled, That the saidterritory, for the purposes of temporary gov-ernment, be one district, subject, however, tobe divided into two districts, as future cir-cumstances may, in the opinion of Congress,make it expedient.

Sec. 2. Be it ordained by the authorityaforesaid, That the estates, both of residentand nonresident proprietors in the said ter-ritory, dying intestate, shall descent to, andbe distributed among their children, and thedescendants of a deceased child, in equalparts; the descendants of a deceased child or

grandchild to take the share of their deceasedparent in equal parts among them: Andwhere there shall be no children or descen-dants, then in equal parts to the next of kinin equal degree; and among collaterals, thechildren of a deceased brother or sister of theintestate shall have, in equal parts amongthem, their deceased parents’ share; and thereshall in no case be a distinction between kin-dred of the whole and half blood; saving, inall cases, to the widow of the intestate herthird part of the real estate for life, and onethird part of the personal estate; and this lawrelative to descents and dower, shall remainin full force until altered by the legislature ofthe district. And until the governor andjudges shall adopt laws as hereinafter men-tioned, estates in the said territory may bedevised or bequeathed by wills in writing,signed and sealed by him or her in whom theestate may be (being of full age), and attestedby three witnesses; and real estates may beconveyed by lease and release, or bargain andsale, signed, sealed and delivered by the per-son being of full age, in whom the estate maybe, and attested by two witnesses, providedsuch wills be duly proved, and such con-veyances be acknowledged, or the executionthereof duly proved, and be recorded withinone year after proper magistrates, courts, andregisters shall be appointed for that purpose;and personal property may be transferred bydelivery; saving, however to the French andCanadian inhabitants, and other settlers ofthe Kaskaskies, St. Vincents and the neigh-boring villages who have heretofore professedthemselves citizens of Virginia, their laws andcustoms now in force among them, relativeto the descent and conveyance, of property.

Sec. 3. Be it ordained by the authorityaforesaid, That there shall be appointed fromtime to time by Congress, a governor, whosecommission shall continue in force for theterm of three years, unless sooner revoked byCongress; he shall reside in the district, andhave a freehold estate therein in 1,000 acresof land, while in the exercise of his office.

20. Northwest Ordinance 155

Sec. 4. There shall be appointed fromtime to time by Congress, a secretary, whosecommission shall continue in force for fouryears unless sooner revoked; he shall reside inthe district, and have a freehold estate thereinin 500 acres of land, while in the exercise ofhis office. It shall be his duty to keep andpreserve the acts and laws passed by the leg-islature, and the public records of the dis-trict, and the proceedings of the governor inhis executive department, and transmit au-thentic copies of such acts and proceedings,every six months, to the Secretary of Con-gress: There shall also be appointed a courtto consist of three judges, any two of whomto form a court, who shall have a commonlaw jurisdiction, and reside in the district,and have each therein a freehold estate in 500acres of land while in the exercise of theiroffices; and their commissions shall continuein force during good behavior.

Sec. 5. The governor and judges, or amajority of them, shall adopt and publish inthe district such laws of the original States,criminal and civil, as may be necessary andbest suited to the circumstances of the dis-trict, and report them to Congress from timeto time: which laws shall be in force in thedistrict until the organization of the GeneralAssembly therein, unless disapproved of byCongress; but afterwards the Legislature shallhave authority to alter them as they shallthink fit.

Sec. 6. The governor, for the timebeing, shall be commander in chief of themilitia, appoint and commission all officersin the same below the rank of general officers;all general officers shall be appointed andcommissioned by Congress.

Sec. 7. Previous to the organization ofthe general assembly, the governor shall ap-point such magistrates and other civil officersin each county or township, as he shall findnecessary for the preservation of the peaceand good order in the same: After the gen-eral assembly shall be organized, the powersand duties of the magistrates and other civil

officers shall be regulated and defined by thesaid assembly; but all magistrates and othercivil officers not herein otherwise directed,shall during the continuance of this tempo-rary government, be appointed by the gov-ernor.

Sec. 8. For the prevention of crimes andinjuries, the laws to be adopted or made shallhave force in all parts of the district, and forthe execution of process, criminal and civil,the governor shall make proper divisionsthereof; and he shall proceed from time totime as circumstances may require, to lay outthe parts of the district in which the Indiantitles shall have been extinguished, into coun-ties and townships, subject, however, to suchalterations as may thereafter be made by thelegislature.

Sec. 9. So soon as there shall be fivethousand free male inhabitants of full age inthe district, upon giving proof thereof to thegovernor, they shall receive authority, withtime and place, to elect a representative fromtheir counties or townships to represent themin the general assembly: Provided, That, forevery five hundred free male inhabitants,there shall be one representative, and so onprogressively with the number of free maleinhabitants shall the right of representationincrease, until the number of representativesshall amount to twenty five; after which, thenumber and proportion of representativesshall be regulated by the legislature: Provided,That no person be eligible or qualified to actas a representative unless he shall have beena citizen of one of the United States threeyears, and be a resident in the district, or un-less he shall have resided in the district threeyears; and, in either case, shall likewise holdin his own right, in fee simple, two hundredacres of land within the same; Provided, also,That a freehold in fifty acres of land in thedistrict, having been a citizen of one of thestates, and being resident in the district, orthe like freehold and two years residence inthe district, shall be necessary to qualify aman as an elector of a representative.

156 IV. TERRITORY

Sec. 10. The representatives thus elected,shall serve for the term of two years; and, incase of the death of a representative, or re-moval from office, the governor shall issue awrit to the county or township for which hewas a member, to elect another in his stead,to serve for the residue of the term.

Sec. 11. The general assembly or legisla-ture shall consist of the governor, legislativecouncil, and a house of representatives. TheLegislative Council shall consist of five mem-bers, to continue in office five years, unlesssooner removed by Congress; any three ofwhom to be a quorum: and the members ofthe Council shall be nominated and appointedin the following manner, to wit : As soon asrepresentatives shall be elected, the Gover-nor shall appoint a time and place for themto meet together; and, when met, they shallnominate ten persons, residents in the dis-trict, and each possessed of a freehold in fivehundred acres of land, and return their namesto Congress; five of whom Congress shall ap-point and commission to serve as aforesaid;and, whenever a vacancy shall happen in thecouncil, by death or removal from office, thehouse of representatives shall nominate twopersons, qualified as aforesaid, for each va-cancy, and return their names to Congress;one of whom congress shall appoint andcommission for the residue of the term. Andevery five years, four months at least beforethe expiration of the time of service of themembers of council, the said house shallnominate ten persons, qualified as aforesaid,and return their names to Congress; five ofwhom Congress shall appoint and commis-sion to serve as members of the council fiveyears, unless sooner removed. And the gov-ernor, legislative council, and house of rep-resentatives, shall have authority to makelaws in all cases, for the good government ofthe district, not repugnant to the principlesand articles in this ordinance established anddeclared. And all bills, having passed by amajority in the house, and by a majority inthe council, shall be referred to the governor

for his assent; but no bill, or legislative actwhatever, shall be of any force without his as-sent. The governor shall have power to con-vene, prorogue, and dissolve the general as-sembly, when, in his opinion, it shall beexpedient.

Sec. 12. The governor, judges, legislativecouncil, secretary, and such other officers asCongress shall appoint in the district, shalltake an oath or affirmation of fidelity and ofoffice; the governor before the president ofcongress, and all other officers before theGovernor. As soon as a legislature shall beformed in the district, the council and houseassembled in one room, shall have authority,by joint ballot, to elect a delegate to Con-gress, who shall have a seat in Congress, witha right of debating but not voting during thistemporary government.

Sec. 13. And, for extending the funda-mental principles of civil and religious lib-erty, which form the basis whereon these re-publics, their laws and constitutions areerected; to fix and establish those principlesas the basis of all laws, constitutions, andgovernments, which forever hereafter shall beformed in the said territory: to provide alsofor the establishment of States, and perma-nent government therein, and for their ad-mission to a share in the federal councils onan equal footing with the original States, atas early periods as may be consistent with thegeneral interest :

Sec. 14. It is hereby ordained and de-clared by the authority aforesaid, That thefollowing articles shall be considered as arti-cles of compact between the original Statesand the people and States in the said territoryand forever remain unalterable, unless bycommon consent, to wit :

Art. 1. No person, demeaning himselfin a peaceable and orderly manner, shall everbe molested on account of his mode of wor-ship or religious sentiments, in the said ter-ritory.

Art. 2. The inhabitants of the said ter-ritory shall always be entitled to the benefits


of the writ of habeas corpus, and of the trialby jury; of a proportionate representation ofthe people in the legislature; and of judicialproceedings according to the course of thecommon law. All persons shall be bailable,unless for capital offenses, where the proofshall be evident or the presumption great. Allfines shall be moderate; and no cruel or un-usual punishments shall be inflicted. No manshall be deprived of his liberty or property,but by the judgment of his peers or the lawof the land; and, should the public exigenciesmake it necessary, for the common preserva-tion, to take any person’s property, or to de-mand his particular services, full compensa-tion shall be made for the same. And, in thejust preservation of rights and property, it isunderstood and declared, that no law oughtever to be made, or have force in the said ter-ritory, that shall, in any manner whatever,interfere with or affect private contracts orengagements, bona fide, and without fraud,previously formed.

Art. 3. Religion, morality, and knowl-edge, being necessary to good governmentand the happiness of mankind, schools andthe means of education shall forever be en-couraged. The utmost good faith shall alwaysbe observed towards the Indians; their landsand property shall never be taken from themwithout their consent; and, in their property,rights, and liberty, they shall never be in-vaded or disturbed, unless in just and lawfulwars authorized by Congress; but lawsfounded in justice and humanity, shall fromtime to time be made for preventing wrongsbeing done to them, and for preserving peaceand friendship with them.

Art. 4. The said territory, and the Stateswhich may be formed therein, shall foreverremain a part of this Confederacy of theUnited States of America, subject to the Ar-ticles of Confederation, and to such alter-ations therein as shall be constitutionallymade; and to all the acts and ordinances ofthe United States in Congress assembled,conformable thereto. The inhabitants and

settlers in the said territory shall be subject topay a part of the federal debts contracted orto be contracted, and a proportional part ofthe expenses of government, to be appor-tioned on them by Congress according to thesame common rule and measure by whichapportionments thereof shall be made on theother States; and the taxes for paying theirproportion shall be laid and levied by the au-thority and direction of the legislatures of thedistrict or districts, or new States, as in theoriginal States, within the time agreed uponby the United States in Congress assembled.The legislatures of those districts or newStates, shall never interfere with the primarydisposal of the soil by the United States inCongress assembled, nor with any regulationsCongress may find necessary for securing thetitle in such soil to the bona fide purchasers.No tax shall be imposed on lands the prop-erty of the United States; and, in no case,shall nonresident proprietors be taxed higherthan residents. The navigable waters leadinginto the Mississippi and St. Lawrence, andthe carrying places between the same, shall becommon highways and forever free, as well tothe inhabitants of the said territory as to thecitizens of the United States, and those ofany other States that may be admitted intothe confederacy, without any tax, impost, orduty therefor.

Art. 5. There shall be formed in the saidterritory, not less than three nor more thanfive States; and the boundaries of the States,as soon as Virginia shall alter her act of ces-sion, and consent to the same, shall becomefixed and established as follows, to wit : Thewestern State in the said territory, shall bebounded by the Mississippi, the Ohio, andWabash Rivers; a direct line drawn from theWabash and Post Vincents, due North, to theterritorial line between the United States andCanada; and, by the said territorial line, tothe Lake of the Woods and Mississippi. Themiddle State shall be bounded by the said di-rect line, the Wabash from Post Vincents tothe Ohio, by the Ohio, by a direct line,

158 IV. TERRITORY

drawn due north from the mouth of theGreat Miami, to the said territorial line, andby the said territorial line. The eastern Stateshall be bounded by the last mentioned di-rect line, the Ohio, Pennsylvania, and thesaid territorial line: Provided, however, and itis further understood and declared, that theboundaries of these three States shall be sub-ject so far to be altered, that, if Congress shallhereafter find it expedient, they shall haveauthority to form one or two States in thatpart of the said territory which lies north ofan east and west line drawn through thesoutherly bend or extreme of Lake Michigan.And, whenever any of the said States shallhave sixty thousand free inhabitants therein,such State shall be admitted, by its delegates,into the Congress of the United States, on anequal footing with the original States in allrespects whatever, and shall be at liberty toform a permanent constitution and Stategovernment: Provided, the constitution andgovernment so to be formed, shall be repub-lican, and in conformity to the principlescontained in these articles; and, so far as it

can be consistent with the general interest ofthe confederacy, such admission shall be al-lowed at an earlier period, and when theremay be a less number of free inhabitants inthe State than sixty thousand.

Art. 6. There shall be neither slavery norinvoluntary servitude in the said territory,otherwise than in the punishment of crimeswhereof the party shall have been duly con-victed: Provided, always, That any person es-caping into the same, from whom labor orservice is lawfully claimed in any one of theoriginal States, such fugitive may be lawfullyreclaimed and conveyed to the person claim-ing his or her labor or service as aforesaid.

Be it ordained by the authority afore-said, That the resolutions of the 23rd ofApril, 1784, relative to the subject of this or-dinance, be, and the same are hereby repealedand declared null and void.

Done by the United States, in Congressassembled, the 13th day of July, in the year ofour Lord 1787, and of their sovereignty andindependence the twelfth.


The History*

The story of the way in which theUnited States acquired Louisiana is compli-cated, involving power, politics, intrigue, andsuspicion. It also reveals the foresight ofThomas Jefferson, who considered the pur-chase as one of his greatest achievements.

At the end of the French and IndianWars in 1763, France lost all of its posses-sions in North America, dashing hopes of acolonial empire. This empire was centeredon the Caribbean island of Santo Domingoand its lucrative cash crop of sugar. TheFrench territory called Louisiana, extendingfrom New Orleans up the Missouri River tomodern-day Montana, was intended as agranary for this empire and produced flour,salt, lumber, and food for the sugar islands.By the terms of the 1763 Treaty of Fontain-bleau, however, Louisiana west of the Mis-sissippi was ceded to Spain, while the victo-rious British received the eastern portion ofthe huge colony.

When the United States won its inde-pendence from Great Britain in 1783, one of

its major concerns was having a Europeanpower on its western boundary, and the needfor unrestricted access to the MississippiRiver. As American settlers pushed west, theyfound that the Appalachian Mountains pro-vided a barrier to shipping goods eastward.The easiest way to ship produce was to builda flatboat and float down the Ohio and Mis-sissippi Rivers to the port of New Orleans,from which goods could be put on ocean-going vessels. The problem with this routewas that the Spanish owned both sides of theMississippi below Natchez.

In 1795 the United States negotiated thePinckney Treaty with Spain, which providedthe right of navigation on the river and theright of deposit of U.S. goods at the port ofNew Orleans. The treaty was to remain in ef-fect for three years, with the possibility of re-newal. By 1802, U.S. farmers, businessmen,trappers and lumbermen were bringing over$1 million worth of produce through NewOrleans each year. Spanish officials were be-coming concerned, as U.S. settlement movedcloser to their territory. Spain was eager to di-vest itself of Louisiana, which was a drain on

CHAPTER 21

Louisiana Purchase Treaty(April 30, 1803)


160

*Originally published as “The United States Takes Possession of the Louisiana Territory,” The Lewis and Clark Jour-ney of Discovery, National Park Service, U.S. Department of the Interior, Washington, DC, May 2007. For addi-tional information see “Louisiana Purchase,” The Lewis and Clark Journey of Discovery, National Park Service, U.S.Department of the Interior, Washington, DC, 2008. This agency is listed in the National Resource Directory sectionof this volume.

its financial resources. On October 1, 1800,Napoleon Bonaparte, First Consul of France,concluded the Treaty of San Ildefonso withSpain, which returned Louisiana to Frenchownership in exchange for a Spanish king-dom in Italy. Napoleon’s ambitions inLouisiana involved the creation of a new em-pire centered on the Caribbean sugar trade.By terms of the Treaty of Ameins of 1800,Great Britain returned ownership of the is-lands of Martinique and Guadaloupe to theFrench. Napoleon looked upon Louisiana asa depot for these sugar islands, and as a bufferto U.S. settlement. In October of 1801 he senta large military force to retake the importantisland of Santa Domingo, lost in a slave re-volt in the 1790s.

Thomas Jefferson, third President of theUnited States, was disturbed by Napoleon’splans to re-establish French colonies inAmerica. With the possession of New Or-leans, Napoleon could close the Mississippito U.S. commerce at any time. Jefferson au-thorized Robert R. Livingston, U.S. Minis-ter to France, to negotiate for the purchasefor up to $2 million of the City of New Or-leans, portions of the east bank of the Mis-sissippi, and free navigation of the river forU.S. commerce.

An official transfer of Louisiana toFrench ownership had not yet taken place,and Napoleon’s deal with the Spanish was apoorly kept secret of the frontier. On Octo-ber 18, 1802, however, a strange thing hap-pened. Juan Ventura Moralis, Acting Inten-dant of Louisiana, made public the intentionof Spain to revoke the right of deposit at NewOrleans for all cargo from the United States.The closure of this vital port to the UnitedStates caused anger and consternation, andcommerce in the west was virtually block-aded. Historians believe that the revocationof the right of deposit was prompted byabuses of the Americans, particularly smug-gling, and not by French intrigues as was be-lieved at the time. President Jefferson ignoredpublic pressure for war with France, and ap-

pointed James Monroe special envoy toNapoleon, to assist in obtaining New Or-leans for the United States. Jefferson boostedthe authorized expenditure of funds to $10million.

Meanwhile, Napoleon’s plans in theCaribbean were being frustrated by ToussaintL’Ouverture, his army of former slaves, andyellow fever. During ten months of fiercefighting on Santo Domingo, France lost more than 40,000 soldiers. Without SantoDomingo Napoleon’s colonial ambitions fora French empire were foiled in North Amer-ica. Louisiana would be useless as a granarywithout sugar islanders to feed. Napoleon alsoconsidered the temper of the United States,where sentiment was growing against Franceand strong ties with Great Britain were beingconsidered. Spain’s refusal to sell Florida wasthe last straw, and Napoleon turned his at-tention once more to Europe; the sale of thenow-useless Louisiana would supply neededfunds to wage war there. Napoleon directedhis ministers, Talleyrand and Barbé-Marbois,to offer the entire Louisiana territory to theUnited States—and quickly.

On April 11, 1803, Talleyrand askedRobert Livingston how much the UnitedStates was prepared to pay for Louisiana. Liv-ingston was confused, as his instructions onlycovered the purchase of New Orleans and theimmediate area, not the entire Louisiana ter-ritory. James Monroe agreed with Livingstonthat Napoleon might withdraw this offer atany time. To wait for approval from PresidentJefferson might take months, so Livingstonand Monroe decided to open negotiationsimmediately. By April 30, they closed a dealfor the purchase of the entire 828,000 squaremile Louisiana territory for 60 million Francs(approximately $15 million). Part of this sumwas used to forgive debts owed by France tothe United States. The payment was made inUnited States bonds, which Napoleon soldat face value to the Dutch firm of Hope andCompany, and the British banking house ofBaring, at a discount of 871⁄2 per each $100

21. Louisiana Purchase Treaty 161

unit. As a result, Napoleon received only$8,831,250 in cash for Louisiana. Dutifulbanker Alexander Baring conferred withMarbois in Paris, shuttled to the UnitedStates to pick up the bonds, took them toBritain, and returned to France with themoney—and Napoleon used these funds towage war against Baring’s own country!

When news of the purchase reached theUnited States, President Jefferson was sur-prised. He had authorized the expenditure of$10 million for a port city, and instead re-ceived treaties committing the governmentto spend $15 million on a land package whichwould double the size of the country. Jeffer-son’s political opponents in the FederalistParty argued that the Louisiana purchase wasa worthless desert, and that the Constitutiondid not provide for the acquisition of newland or negotiating treaties without the con-sent of the Senate. What really worried theopposition was the new states which wouldinevitably be carved from the Louisiana ter-ritory, strengthening Western and Southerninterests in Congress, and further reducingthe influence of New England Federalists innational affairs. President Jefferson was anenthusiastic supporter of westward expan-sion, and held firm in his support for thetreaty. Despite Federalist objections, the U.S.Senate ratified the Louisiana treaty in the au-tumn of 1803.

A transfer ceremony was held in NewOrleans on November 29, 1803. Since theLouisiana territory had never officially beenturned over to the French, the Spanish tookdown their flag, and the French raised theirs.The following day, General James Wilkinsonaccepted possession of New Orleans for theUnited States. A similar ceremony was heldin St. Louis on March 9, 1804, when a Frenchtricolor was raised near the river, replacingthe Spanish national flag. The following day,Captain Amos Stoddard of the First U.S. Ar-tillery marched his troops into town and ranthe stars and stripes up the fort’s flagpole.The Louisiana territory was officially trans-

ferred to the United States government, rep-resented by Meriwether Lewis.

The Louisiana Territory, purchased forless than 5 cents an acre, was one of ThomasJefferson’s greatest contributions to his coun-try. Louisiana doubled the size of the UnitedStates literally overnight, without a war orthe loss of a single American life, and set aprecedent for the purchase of territory. Itopened the way for the eventual expansion ofthe United States across the continent to thePacific, and its consequent rise to the statusof world power. International affairs in theCaribbean and Napoleon’s hunger for cashto support his war efforts were the back-ground for a glorious achievement of ThomasJefferson’s presidency, new lands, and newopportunities for the nation.

The Document

Louisiana Purchase Treaty

TREATY BETWEEN THE UNITED

STATES OF AMERICA AND

THE FRENCH REPUBLIC

The President of the United States ofAmerica and the First Consul of the FrenchRepublic in the name of the French Peopledesiring to remove all Source of misunder-standing relative to objects of discussionmentioned in the Second and fifth articles ofthe Convention of the 8th Vendémiaire on9/30 September 1800 relative to the rightsclaimed by the United States in virtue of theTreaty concluded at Madrid the 27 of Octo-ber 1795, between His Catholic Majesty & the Said United States, & willing toStrengthen the union and friendship whichat the time of the Said Convention was hap-pily reestablished between the two nationshave respectively named their Plenipoten-tiaries to wit The President of the UnitedStates, by and with the advice and consent ofthe Senate of the Said States; Robert R. Liv-

162 IV. TERRITORY

ingston Minister Plenipotentiary of the UnitedStates and James Monroe Minister Plenipo-tentiary and Envoy extraordinary of the SaidStates near the Government of the FrenchRepublic; And the First Consul in the nameof the French people, Citizen Francis BarbéMarbois Minister of the public treasury whoafter having respectively exchanged their fullpowers have agreed to the following Articles.

Article I

Whereas by the Article the third of theTreaty concluded at St. Ildefonso the 9thVendémiaire on 1st October 1800 betweenthe First Consul of the French Republic andhis Catholic Majesty it was agreed as follows.

“His Catholic Majesty promises and en-gages on his part to cede to the French Re-public six months after the full and entire ex-ecution of the conditions and Stipulationsherein relative to his Royal Highness theDuke of Parma, the Colony or Province ofLouisiana with the Same extent that it nowhas in the hand of Spain, & that it had whenFrance possessed it; and Such as it Should beafter the Treaties subsequently entered intobetween Spain and other States.”

And whereas in pursuance of the Treatyand particularly of the third article theFrench Republic has an incontestible title tothe domain and to the possession of the saidTerritory—The First Consul of the FrenchRepublic desiring to give to the United Statesa strong proof of his friendship doth herebycede to the United States in the name of theFrench Republic for ever and in full Sover-eignty the said territory with all its rights andappurtenances as fully and in the Same man-ner as they have been acquired by the FrenchRepublic in virtue of the above mentionedTreaty concluded with his Catholic Majesty.

Art: II

In the cession made by the preceedingarticle are included the adjacent Islands be-longing to Louisiana all public lots andSquares, vacant lands and all public build-ings, fortifications, barracks and other

edifices which are not private property.—The Archives, papers & documents relativeto the domain and Sovereignty of Louisianaand its dependances will be left in the pos-session of the Commissaries of the UnitedStates, and copies will be afterwards given indue form to the Magistrates and Municipalofficers of such of the said papers and docu-ments as may be necessary to them.

Art: III

The inhabitants of the ceded territoryshall be incorporated in the Union of theUnited States and admitted as soon as possi-ble according to the principles of the federalConstitution to the enjoyment of all theserights, advantages and immunities of citizensof the United States, and in the mean timethey shall be maintained and protected in thefree enjoyment of their liberty, property andthe Religion which they profess.

Art: IV

There Shall be Sent by the Governmentof France a Commissary to Louisiana to theend that he do every act necessary as well toreceive from the Officers of his CatholicMajesty the Said country and its depen-dances in the name of the French Republicif it has not been already done as to transmitit in the name of the French Republic to theCommissary or agent of the United States.

Art: V

Immediately after the ratification of thepresent Treaty by the President of the UnitedStates and in case that of the first Consul’sshall have been previously obtained, the com-missary of the French Republic shall remitall military posts of New Orleans and otherparts of the ceded territory to the Commis-sary or Commissaries named by the Presidentto take possession—the troops whether ofFrance or Spain who may be there shall ceaseto occupy any military post from the time oftaking possession and shall be embarked assoon as possible in the course of three monthsafter the ratification of this treaty.


Art: VI

The United States promise to executeSuch treaties and articles as may have beenagreed between Spain and the tribes and na-tions of Indians until by mutual consent ofthe United States and the said tribes or na-tions other Suitable articles Shall have beenagreed upon.

Art: VII

As it is reciprocally advantageous to thecommerce of France and the United States toencourage the communication of both na-tions for a limited time in the country cededby the present treaty until general arrange-ments relative to commerce of both nationsmay be agreed on; it has been agreed betweenthe contracting parties that the French Shipscoming directly from France or any of hercolonies loaded only with the produce andmanufactures of France or her Said Colonies;and the Ships of Spain coming directly fromSpain or any of her colonies loaded only withthe produce or manufactures of Spain or herColonies shall be admitted during the Spaceof twelve years in the Port of New-Orleansand in all other legal ports-of-entry withinthe ceded territory in the Same manner asthe Ships of the United States coming di-rectly from France or Spain or any of theirColonies without being Subject to any otheror greater duty on merchandize or other orgreater tonnage than that paid by the citizensof the United States.

During that Space of time above men-tioned no other nation Shall have a right tothe Same privileges in the Ports of the cededterritory—the twelve years Shall commencethree months after the exchange of ratifi-cations if it Shall take place in France or threemonths after it Shall have been notified atParis to the French Government if it Shalltake place in the United States; It is howeverwell understood that the object of the abovearticle is to favour the manufactures, Com-merce, freight and navigation of France andof Spain So far as relates to the importations

that the French and Spanish Shall make intothe Said Ports of the United States withoutin any Sort affecting the regulations that theUnited States may make concerning the ex-portation of the produce and merchandize ofthe United States, or any right they may haveto make Such regulations.

Art: VIII

In future and for ever after the expira-tion of the twelve years, the Ships of Franceshall be treated upon the footing of the mostfavoured nations in the ports above men-tioned.

Art: IX

The particular Convention Signed thisday by the respective Ministers, having for itsobject to provide for the payment of debtsdue to the Citizens of the United States bythe French Republic prior to the 30th Sept.1800 (8th Vendémiaire an 9) is approved andto have its execution in the Same manner asif it had been inserted in this present treaty,and it Shall be ratified in the same form andin the Same time So that the one Shall notbe ratified distinct from the other.

Another particular Convention Signedat the Same date as the present treaty relativeto a definitive rule between the contractingparties is in the like manner approved andwill be ratified in the Same form, and in theSame time and jointly.

Art: X

The present treaty Shall be ratified ingood and due form and the ratifications Shallbe exchanged in the Space of Six months afterthe date of the Signature by the MinistersPlenipotentiary or Sooner if possible.

In faith whereof the respective Plenipo-tentiaries have Signed these articles in theFrench and English languages; declaring nev-ertheless that the present Treaty was origi-nally agreed to in the French language; andhave thereunto affixed their Seals.

Done at Paris the tenth day of Floreal in

164 IV. TERRITORY

the eleventh year of the French Republic; andthe 30th of April 1803.

Robt R Livingston [seal]Jas. Monroe [seal]Barbé Marbois [seal]

The Louisiana Purchase Treaty of April30, 1803, between the United States of Amer-ica and the French Republic (as outlinedabove), was accompanied by two (2) conven-tion agreements to pay for this historical landacquisition. The first convention agreementwas for the payment of 60 million francs($11,250,000), and the other was made forclaims that American citizens had madeagainst France in the amount of 20 millionfrancs ($3,750,000).

While the primary land acquisitiontreaty is outlined above, the two (2) conven-tion agreements necessary to implement thistreaty are transcribed below. Both of theseother agreements, also dated April 30, 1803,were essential to the implementation of theLouisiana Purchase Treaty.

A CONVENTION BETWEEN THE

UNITED STATES OF AMERICA AND

THE FRENCH REPUBLIC

The President of the United States ofAmerica and the First Consul of the FrenchRepublic in the name of the French people,in consequence of the treaty of cession ofLouisiana which has been Signed this day;wishing to regulate definitively every thingwhich has relation to the Said cession haveauthorized to this effect the Plenipotentiaries,that is to say the President of the UnitedStates has, by and with the advice and con-sent of the Senate of the Said States, nomi-nated for their Plenipotentiaries, Robert R.Livingston, Minister Plenipotentiary of theUnited States, and James Monroe, MinisterPlenipotentiary and Envoy-Extraordinary ofthe Said United States, near the Governmentof the French Republic; and the First Con-sul of the French Republic, in the name ofthe French people, has named as Pleniopo-

tentiary of the Said Republic the citizenFrancis Barbé Marbois who, in virtue of theirfull powers, which have been exchanged thisday, have agreed to the followings articles:

Art: 1

The Government of the United Statesengages to pay to the French government inthe manner Specified in the following articlethe sum of Sixty millions of francs indepen-dant of the Sum which Shall be fixed by an-other Convention for the payment of thedebts due by France to citizens of the UnitedStates.

Art: 2

For the payment of the Sum of Sixtymillions of francs mentioned in the preceed-ing article the United States shall create aStock of eleven millions, two hundred andfifty thousand Dollars bearing an interest ofSix per cent: per annum payable half yearlyin London Amsterdam or Paris amountingby the half year to three hundred and thirtySeven thousand five hundred Dollars, ac-cording to the proportions which Shall bedetermined by the french Govenment to bepaid at either place: The principal of the SaidStock to be reimbursed at the treasury of theUnited States in annual payments of not lessthan three millions of Dollars each; of whichthe first payment Shall commence fifteenyears after the date of the exchange of ratifi-cations:—this Stock Shall be transferred tothe government of France or to Such personor persons as Shall be authorized to receive itin three months at most after the exchange ofratifications of this treaty and after LouisianaShall be taken possession of the name of theGovernment of the United States.

It is further agreed that if the frenchGovernment Should be desirous of disposingof the Said Stock to receive the capital in Eu-rope at Shorter terms that its measures forthat purpose Shall be taken So as to favourin the greatest degree possible the credit ofthe United States, and to raise to the highestprice the Said Stock.


Art: 3

It is agreed that the Dollar of the UnitedStates Specified in the present Conventionshall be fixed at five francs 3333/100000 orfive livres eight Sous tournois.

The present Convention Shall be rati-fied in good and due form, and the ratifica-tions Shall be exchanged the Space of Sixmonths to date from this day or Sooner itpossible.

In faith of which the respective Plenipo-tentiaries have Signed the above articles bothin the french and english languages, declar-ing nevertheless that the present treaty hasbeen originally agreed on and written in thefrench language; to which they have here-unto affixed their Seals.

Done at Paris the tenth of Florealeleventh year of the french Republic.

30th April 1803.Robt R Livingston [seal]Jas. Monroe [seal]Barbé Marbois [seal]

CONVENTION BETWEEN THE

UNITED STATES OF AMERICA

AND THE FRENCH REPUBLIC

The President of the United States ofAmerica and the First Consul of the FrenchRepublic in the name of the French Peoplehaving by a Treaty of this date terminated alldifficulties relative to Louisiana, and estab-lished on a Solid foundation the friendshipwhich unites the two nations and being de-sirous in complyance with the Second andfifth Articles of the Convention of the 8thVendémiaire ninth year of the French Re-public (30th September 1800) to Secure thepayment of the Sums due by France to thecitizens of the United States have respectivelynominated as Plenipotentiaries that is to SayThe President of the United States of Amer-ica by and with the advise and consent oftheir Senate Robert R. Livingston MinisterPlenipotentiary and James Monroe MinisterPlenipotentiary and Envoy Extraordinary of

the Said States near the Government of theFrench Republic: and the First Consul in thename of the French People the Citizen Fran-cis Barbé Marbois Minister of the publictreasury; who after having exchanged theirfull powers have agreed to the following ar-ticles.

Art: 1

The debts due by France to citizens ofthe United States contracted before the 8thVendémiaire ninth year of the French Re-public (30th September 1800) shall be paidaccording to the following regulations withinterest at Six per Cent; to commence fromthe period when the accounts and voucherswere presented to the French Government.

Art: 2

The debts provided for by the preceed-ing Article are those whose result is com-prised in the conjectural note annexed to thepresent Convention and which, with the in-terest cannot exceed the Sum of twenty mil-lions of Francs. The claims comprised in theSaid note which fall within the exceptions ofthe following articles, Shall not be admittedto the benefit of this provision.

Art: 3

The principal and interests of the Saiddebts Shall be discharged by the UnitedStates, by orders drawn by their MinisterPlenipotentiary on their treasury, these or-ders Shall be payable Sixty days after the ex-change of ratifications of the Treaty and theConventions Signed this day, and after pos-session Shall be given of Louisiana by theCommissaries of France to those of theUnited States.

Art: 4

It is expressly agreed that the precedingarticles Shall comprehend no debts but Suchas are due to citizens of the United Stateswho have been and are yet creditors of Francefor Supplies for embargoes and prizes madeat Sea, in which the appeal has been properlylodged within the time mentioned in the Said

166 IV. TERRITORY

Convention 8th Vendémiaire ninth year,(30th Sept 1800).

Art: 5

The preceding Articles Shall apply only,First : to captures of which the council ofprizes Shall have ordered restitution, it beingwell understood that the claimant cannothave recourse to the United States otherwisethan he might have had to the Governmentof the French republic, and only in case ofinsufficiency of the captors—2d the debtsmentioned in the Said fifth Article of theConvention contracted before the 8thVendémiaire an 9/30th September 1800 thepayment of which has been heretoforeclaimed of the actual Government of Franceand for which the creditors have a right to theprotection of the United States;—the Said5th Article does not comprehend prizeswhose condemnation has been or Shall beconfirmed: it is the express intention of thecontracting parties not to extend the benefitof the present Convention to reclamations ofAmerican citizens who Shall have establishedhouses of Commerce in France, England orother countries than the United States inpartnership with foreigners, and who by thatreason and the nature of their commerceought to be regarded as domiciliated in theplaces where Such house exist.—All agree-ments and bargains concerning merchandize,which Shall not be the property of Americancitizens, are equally excepted from the benefitof the said Conventions, Saving however toSuch persons their claims in like manner asif this Treaty had not been made.

Art: 6

And that the different questions whichmay arise under the preceding article may befairly investigated, the Ministers Plenipoten-tiary of the United States Shall name threepersons, who Shall act from the present andprovisionally, and who shall have full power toexamine, without removing the documents,all the accounts of the different claims alreadyliquidated by the Bureaus established for this

purpose by the French Republic, and to ascer-tain whether they belong to the classes desig-nated by the present Convention and the prin-ciples established in it or if they are not in oneof its exceptions and on their Certificate, de-claring that the debt is due to an AmericanCitizen or his representative and that it ex-isted before the 8th Vendémiaire 9th year/30September 1800 the debtor shall be entitled toan order on the Treasury of the United Statesin the manner prescribed by the 3d Article.

Art: 7

The Same agents Shall likewise havepower, without removing the documents, toexamine the claims which are prepared forverification, and to certify those which oughtto be admitted by uniting the necessary quali-fications, and not being comprised in the ex-ceptions contained in the present Convention.

Art: 8

The Same agents shall likewise examinethe claims which are not prepared for liqui-dation, and certify in writing those which intheir judgement ought to be admitted to liq-uidation.

Art: 9

In proportion as the debts mentionedin these articles Shall be admitted they Shallbe discharged with interest at Six per Cent:by the Treasury of the United States.

Art: 10

And that no debt shall not have thequalifications above mentioned and that nounjust or exorbitant demand may be admit-ted, the Commercial agent of the UnitedStates at Paris or such other agent as the Min-ister Plenipotentiary or the United StatesShall think proper to nominate shall assist atthe operations of the Bureaus and cooperatein the examinations of the claims; and if thisagent Shall be of the opinion that any debt isnot completely proved, or if he shall judgethat it is not comprised in the principles ofthe fifth article above mentioned, and ifnotwithstanding his opinion the Bureaus es-


tablished by the french Government shouldthink that it ought to be liquidated, he shalltransmit his observations to the board estab-lished by the United States, who, without re-moving documents, shall make a completeexamination of the debt and vouchers whichSupport it, and report the result to the Min-ister of the United States.—The Minister ofthe United States Shall transmit his observa-tions in all Such cases to the Minister of thetreasury of the French Republic, on whosereport the French Government Shall decidedefinitively in every case.

The rejection of any claim Shall have noother effect than to exempt the United Statesfrom the payment of it, the French Govern-ment reserving to itself, the right to decidedefinitively on Such claim So far as it con-cerns itself.

Art: 11

Every necessary decision Shall be madein the course of a year to commence from theexchange of ratifications, and no reclamationShall be admitted afterwards.

Art: 12

In case of claims for debts contracted bythe Government of France with citizens of

the United States Since the 8th Vendémiaire9th year/30 September 1800 not being com-prised in this Convention may be pursued,and the payment demanded in the Samemanner as if it had not been made.

Art: 13

The present convention Shall be ratifiedin good and due form and the ratificationsShall be exchanged in Six months from thedate of the Signature of the Ministers Plenipo-tentiary, or Sooner if possible.

In faith of which, the respective Minis-ters Plenipotentiary have signed the aboveArticles both in the french and english lan-guages, declaring nevertheless that the pres-ent treaty has been originally agreed on andwritten in the french language, to which theyhave hereunto affixed their Seals.

Done at Paris, the tenth of Floreal,eleventh year of the French Republic.

30th April 1803.

Robt R Livingston [seal]Jas. Monroe [seal]Barbé Marbois [seal]

168 IV. TERRITORY

The History*

The colonies of East Florida and WestFlorida remained loyal to the British duringthe war for American Independence, but bythe Treaty of Paris in 1783 they returned toSpanish control. After 1783, American im-migrants moved into West Florida. In 1810,these American settlers in West Florida re-belled, declaring independence from Spain.President James Madison and Congress usedthe incident to claim the region, knowingfull well that the Spanish government was se-riously weakened by Napoleon’s invasion ofSpain.

The United States asserted that the por-tion of West Florida from the Mississippi tothe Peridido rivers was part of the LouisianaPurchase of 1803. Negotiations over Floridabegan in earnest with the mission of DonLuis de Onís to Washington in 1815 to meetSecretary of State James Monroe. The issuewas not resolved until Monroe was presidentand John Quincy Adams his Secretary ofState.

Although U.S.–Spanish relations werestrained over suspicions of American supportfor the independence struggles of Spanish-American colonies, the situation became crit-ical when General Andrew Jackson seized theSpanish forts at Pensacola and St. Marks inhis 1818 authorized raid against Seminolesand escaped slaves who were viewed as athreat to Georgia. Jackson executed two Brit-ish citizens on charges of inciting the Indi-ans and runaways.

Monroe’s government seriously consid-ered denouncing Jackson’s actions, but Adamsdefended Jackson citing the necessity to re-strain the Indians and escaped slaves sincethe Spanish failed to do so. Adams alsosensed that Jackson’s Seminole campaign waspopular with Americans and it strengthenedhis diplomatic hand with Spain.

Adam used Jackson’s military action topresent Spain with a demand to either con-trol the inhabitants of East Florida or cede it to the United States. Minister Onís andSecretary Adams reached an agreementwhereby Spain ceded East Florida to the

CHAPTER 22

Transcontinental Treaty(February 22, 1819)


169

*Originally published as “Acquisition of Florida: Treaty of Adams-Onis (1819) and Transcontinental Treaty (1821),”Timeline of U.S. Diplomatic History (1801 –1829), Office of the Historian, Bureau of Public Affairs, U.S. Departmentof State, Washington, DC, 2000. For additional information see “Acquisition of Florida: Treaty of Adams-Onis(1819) and Transcontinental Treaty (1821),” Timeline of U.S. Diplomatic History (1801 –1829), Office of the Histo-rian, Bureau of Public Affairs, U.S. Department of State, Washington, DC, 2004. This agency is listed in the Na-tional Resource Directory section of this volume.

United States and renounced all claim toWest Florida. Spain received no compensa-tion, but the United States agreed to assumeliability for $5 million in damage done byAmerican citizens who rebelled against Spain.

Under the Onís-Adams Treaty of 1819(also called the Transcontinental Treaty andratified in 1821) the United States and Spaindefined the western limits of the LouisianaPurchase and Spain surrendered its claims tothe Pacific Northwest. In return, the UnitedStates recognized Spanish sovereignty overTexas.

The Document

Transcontinental Treaty

The United States of America and HisCatholic Majesty, desiring to consolidate, ona permanent basis, the friendship and goodcorrespondence which happily prevails be-tween the two parties, have determined tosettle and terminate all their differences andpretensions, by a treaty, which shall designate,with precision, the limits of their respectivebordering territories in North America.

With this intention the President of theUnited States has furnished with their fullpowers John Quincy Adams, Secretary ofState of the said United States; and HisCatholic Majesty has appointed the Most Ex-cellent Lord Don Luis De On’s, Gonzales,Lopez y Vara, Lord of the Town of Rayaces,Perpetual Regidor of the Corporation of thecity of Salamanca, Knight Grand Cross ofthe Royal American Order of Isabella theCatholic, decorated with the Lys of LaVendee, Knight Pensioner of the Royal andDistinguished Spanish Order of Charles theThird, Member of the Supreme Assembly ofthe said Royal Order; of the Council of HisCatholic Majesty; his Secretary, with Exerciseof Decrees, and His Envoy Extraordinary andMinister Plenipotentiary near the UnitedStates of America.

And the said Plenipotentiaries, afterhaving exchanged their powers, have agreedupon and concluded the following articles:

ARTICLE I

There shall be a firm and inviolablepeace and sincere friendship between theUnited States and their citizens and HisCatholic Majesty, his successors and subjects,without exception of persons or places.

ARTICLE II

His Catholic Majesty cedes to theUnited States, in full property and sover-eignty, all the territories which belong tohim, situated to the eastward of the Missis-sippi, known by the name of East and WestFlorida. The adjacent islands dependent onsaid provinces, all public lots and squares,vacant lands, public edifices, fortifications,barracks, and other buildings, which are notprivate property, archives and documents,which relate directly to the property and sov-ereignty of said provinces, are included inthis article. The said archives and documentsshall be left in possession of the commissariesor officers of the United States, duly author-ized to receive them.

ARTICLE III

The boundary-line between the twocountries, west of the Mississippi, shall beginon the Gulph of Mexico, at the mouth of theriver Sabine, in the sea, continuing north,along the western bank of that river, to the32d degree of latitude; thence, by a line duenorth, to the degree of latitude where itstrikes the Rio Roxo of Nachitoches, or RedRiver; then following the course of the RioRoxo westward, to the degree of longitude100 west from London and 23 from Wash-ington; then, crossing the said Red River,and running thence, by a line due north, tothe river Arkansas; thence, following thecourse of the southern bank of the Arkansas,to its source, in latitude 42 north; andthence, by that parallel of latitude, to the

170 IV. TERRITORY

South Sea. The whole being as laid down inMelish’s map of the United States, publishedat Philadelphia, improved to the first of Jan-uary, 1818. But if the source of the ArkansasRiver shall be found to fall north or south oflatitude 42, then the line shall run from thesaid source due south or north, as the casemay be, till it meets the said parallel of lati-tude 42, and thence, along the said parallel,to the South Sea: All the islands in theSabine, and the said Red and ArkansasRivers, throughout the course thus described.to belong to the United States; but the use ofthe waters, and the navigation of the Sabineto the sea, and of the said rivers Roxo andArkansas, throughout the extent of the saidboundary, on their respective banks, shall becommon to the respective inhabitants of bothnations.

The two high contracting parties agreeto cede and renounce all their rights, claims,and pretensions to the territories describedby the said line, that is to say: The UnitedStates hereby cede to His Catholic Majesty,and renounce forever, all their rights, claims,and pretensions, to the territories lying westand south of the above-described line; and,in like manner, His Catholic Majesty cedesto the said United States all his rights, claims,and pretensions to any territories east andnorth of the said line, and for himself, hisheirs, and successors, renounces all claim tothe said territories forever.

ARTICLE IV

To fix this line with more precision, andto place the landmarks which shall designateexactly the limits of both nations, each of thecontracting parties shall appoint a Commis-sioner and a surveyor, who shall meet beforethe termination of one year from the date ofthe ratification of this treaty at Nachitoches,on the Red River, and proceed to run andmark the said line, from the mouth of theSabine to the Red River, and from the RedRiver to the river Arkansas, and to ascertainthe latitude of the source of the said river

Arkansas, in conformity to what is aboveagreed upon and stipulated and the line oflatitude 42, to the South Sea: they shall makeout plans, and keep journals of their proceed-ings, and the result agreed upon by themshall be considered as part of this treaty, andshall have the same force as if it were insertedtherein. The two Governments will amicablyagree respecting the necessary articles to befurnished to those persons, and also as totheir respective escorts, should such bedeemed necessary.

ARTICLE V

The inhabitants of the ceded territoriesshall be secured in the free exercise of theirreligion, without any restriction; and allthose who may desire to remove to the Span-ish dominions shall be permitted to sell or ex-port their effects, at any time whatever, with-out being subject, in either case, to duties.

ARTICLE VI

The inhabitants of the territories whichHis Catholic Majesty cedes to the UnitedStates, by this treaty, shall be incorporated inthe Union of the United States as soon asmay be consistent with the principles of theFederal Constitution, and admitted to theenjoyment of all the privileges, rights, andimmunities of the citizens of the UnitedStates.

ARTICLE VII

The officers and troops of His CatholicMajesty, in the territories hereby ceded byhim to the United States, shall be withdrawn,and possession of the places occupied bythem shall be given within six months afterthe exchange of the ratifications of this treaty,or sooner if possible, by the officers of HisCatholic Majesty to the commissioners orofficers of the United States duly appointedto receive them; and the United States shallfurnish the transports and escort necessaryto convey the Spanish officers and troops andtheir baggage to the Havana.

22. Transcontinental Treaty 171

ARTICLE VIII

All the grants of land made before the24th of January, 1818, by His CatholicMajesty, or by his lawful authorities, in thesaid territories ceded by His Majesty to theUnited States, shall be ratified and confirmedto the persons in possession of the lands, tothe same extent that the same grants wouldbe valid if the territories had remained underthe dominion of His Catholic Majesty. Butthe owners in possession of such lands, who,by reason of the recent circumstances of theSpanish nation, and the revolutions in Eu-rope, have been prevented from fulfilling all the conditions of their grants, shall com-plete them within the terms limited in thesame, respectively, from the date of thistreaty; in default of which the said grantsshall be null and void. All grants made sincethe said 24th of January, 1818, when the firstproposal, on the part of His Catholic Majesty,for the cession of the Floridas was made, arehereby declared and agreed to be null andvoid.

ARTICLE IX

The two high contracting parties, ani-mated with the most earnest desire of concil-iation, and with the object of putting an endto all the differences which have existed be-tween them, and of confirming the good un-derstanding which they wish to be forevermaintained between them, reciprocally re-nounce all claims for damages or injurieswhich they, themselves, as well as their re-spective citizens and subjects, may have suf-fered until the time of signing this treaty.

1. The renunciation of the UnitedStates will extend to all the injuries men-tioned in the convention of the 11th of Au-gust, 1802.

2. To all claims on account of prizesmade by French privateers, and condemnedby French Consuls, within the territory andjurisdiction of Spain.

3. To all claims of indemnities on ac-

count of the suspension of the right of de-posit at New Orleans in 1802.

4. To all claims of citizens of the UnitedStates upon the Government of Spain, aris-ing from the unlawful seizures at sea, and inthe ports and territories of Spain, or theSpanish colonies.

5. To all claims of citizens of the UnitedStates upon the Spanish Government, state-ments of which, soliciting the interpositionof the Government of the United States havebeen presented to the Department of State,or to the Minister of the United States inSpain, the date of the convention of 1802 anduntil the signature of this treaty.

The renunciation of His CatholicMajesty extends—

1. To all the injuries mentioned in theconvention of the 11th of August, 1802.

2. To the sums which His CatholicMajesty advanced for the return of CaptainPike from the Provincias Internas.

3. To all injuries caused by the expedi-tion of Miranda, that was fitted out andequipped at New York.

4. To all claims of Spanish subjectsupon the Government of the United Statesarizing from unlawful seizures at sea, orwithin the ports and territorial Jurisdiction ofthe United States.

Finally, to all the claims of subjects ofHis Catholic Majesty upon the Governmentof the United States in which the interposi-tion of his Catholic Majesty’s Governmenthas been solicited, before the date of thistreaty and since the date of the convention of1802, or which may have been made to thedepartment of foreign affairs of His Majesty,or to his Minister of the United States.

And the high contracting parties, re-spectively, renounce all claim to indemnitiesfor any of the recent events or transactions oftheir respective commanders and officers inthe Floridas.

The United States will cause satisfac-

172 IV. TERRITORY

tion to be made for the injuries, if any, which,by process of law, shall be established to havebeen suffered by the Spanish officers, and in-dividual Spanish inhabitants, by the late op-erations of the American Army in Florida.

ARTICLE X

The convention entered into betweenthe two Governments, on the 11th of August,1802, the ratifications of which were ex-changed the 21st December, 1818, is annulled.

ARTICLE XI

The United States, exonerating Spainfrom all demands in future, on account ofthe claims of their citizens to which the re-nunciations herein contained extend, andconsidering them entirely cancelled, under-take to make satisfaction for the same, to anamount not exceeding five millions of dollars.To ascertain the full amount and validity ofthose claims, a commission, to consist ofthree Commissioners, citizens of the UnitedStates, shall be appointed by the President, byand with the advice and consent of the Sen-ate, which commission shall meet at the cityof Washington, and, within the space of threeyears from the time of their first meeting,shall receive, examine, and decide upon theamount and validity of all the claims in-cluded within the descriptions above men-tioned. The said Commissioners shall takean oath or affirmation, to be entered on therecord of their proceedings, for the faithfuland diligent discharge of their duties; and, incase of the death, sickness, or necessary ab-sence of any such Commissioner, his placemay be supplied by the appointment, asaforesaid, or by the President of the UnitedStates, during the recess of the Senate, of an-other Commissioner in his stead.

The said Commissioners shall be au-thorized to hear and examine, on oath, everyquestion relative to the said claims, and to re-ceive all suitable authentic testimony con-cerning the same. And the Spanish Govern-ment shall furnish all such documents and

elucidations as may be in their possession,for the adjustment of the said claims, accord-ing to the principles of justice, the laws of na-tions, and the stipulations of the treaty be-tween the two parties of 27th October, 1795;the said documents to be specified, when de-manded, at the instance of the said Commis-sioners.

The payment of such claims as may beadmitted and adjusted by the said Commis-sioners, or the major part of them, to anamount not exceeding five millions of dollars,shall be made by the United States, eitherimmediately at their Treasury, or by the cre-ation of stock, bearing an interest of six percent. per annum, payable from the proceedsof sales of public lands within the territorieshereby ceded to the United States, or in suchother manner as the Congress of the UnitedStates may prescribe by law.

The records of the proceedings of thesaid Commissioners, together with thevouchers and documents produced beforethem, relative to the claims to be adjustedand decided upon by them, shall, after theclose of their transactions, be deposited inthe Department of State of the United States;and copies of them, or any part of them, shallbe furnished to the Spanish Government, ifrequired’ at the demand of the Spanish Min-ister in the United States.

ARTICLE XII

The treaty of limits and navigation, of1795, remains confirmed in all and each oneof its articles excepting the 2, 3, 4, 21, and thesecond clause of the 22d article, which, hav-ing been altered by this treaty, or having re-ceived their entire execution, are no longervalid.

With respect to the 15th article of thesame treaty of friendship, limits, and naviga-tion of 1795, in which it is stipulated that theflag shall cover the property, the two highcontracting parties agree that this shall be sounderstood with respect to those powers whorecognize this principle; but if either of the

22. Transcontinental Treaty 173

two contracting parties shall be at war witha third party, and the other neutral, the flagof the neutral shall cover the property of en-emies whose government acknowledge thisprinciple, and not of others.

ARTICLE XIII

Both contracting parties, wishing tofavor their mutual commerce, by affordingin their ports every necessary assistance totheir respective merchant-vessels, have agreedthat the sailors who shall desert from theirvessels in the ports of the other, shall be ar-rested and delivered up, at the instance of theconsul, who shall prove, nevertheless, thatthe deserters belonged to the vessels thatclaimed them, exhibiting the document thatis customary in their nation: that is to say, theAmerican Consul in a Spanish port shall ex-hibit the document known lay the name ofarticles, and the Spanish Consul in Americanports the roll of the vessel; and if the nameof the deserter or deserters are claimed shallappear in the one or the other, they shall bearrested, held in custody, and delivered to thevessel to which they shall belong.

ARTICLE XIV

The United States hereby certify thatthey have not received any compensation fromFrance for the injuries they suffered from herprivateers, Consuls, and tribunals on the coastsand in the ports of Spain, for the satisfactionof which provision is made by this treaty; andthey will present an authentic statement of theprizes made, and of their true value, thatSpain may avail herself of the same in suchmanner as she may deem just and proper.

Article XV

The United States, to give to HisCatholic Majesty a proof of their desire to ce-

ment the relations of amity subsisting be-tween the two nations, and to favor the com-merce of the subjects of His CatholicMajesty, agree that Spanish vessels, comingOnisladen only with productions of Spanishgrowth or manufactures, directly from theports of Spain, or of her colonies, shall beadmitted, for the term of twelve years, to theports of Pensacola and St. Augustine, in theFloridas, without paying other or higher du-ties on their cargoes, or of tonnage, than willbe paid by the vessels of the United States.During the said term no other nation shallenjoy the same privileges within the cededterritories. The twelve years shall commencethree months after the exchange of theratifications of this treaty.

ARTICLE XVI

The present treaty shall be ratified indue form, by the contracting parties, and theratifications shall be exchanged in six monthsfrom this time, or sooner if possible.

In witness whereof we, the underwrit-ten Plenipotentiaries of the United States ofAmerica and of His Catholic Majesty, havesigned, by virtue of our powers, the presenttreaty of amity, settlement, and limits, andhave thereunto affixed our seals, respectively.

Done at Washington this twenty-sec-ond day of February, one thousand eighthundred and nineteen.

JOHN QUINCY ADAMS. [L. S.]LUIS DE ONIS. [L. S.]

NOTE

The Transcontinental Treaty was originally known as theTreaty of Adams-Onís until approved by the U.S. Congressin 1821.

174 IV. TERRITORY

The History*

The Texas Annexation of 1845 was thevoluntary annexation of the Republic ofTexas to the United States of America, be-coming the twenty-eighth state. Texasclaimed but never controlled parts of present-day Colorado, Kansas, New Mexico, Okla-homa, and Wyoming, which became parts ofother territories of the United States in theCompromise of 1850.

Anglo-American immigrants, primarilyfrom the South, began immigrating to Mex-ican Texas in the early 1820s at the request ofthe Mexican government, which sought topopulate the sparsely inhabited lands of itsnorthern frontier. Anglo-Americans soon be-came a majority in Texas and eventually be-came disillusioned with Mexican rule.Coahuila y Texas, a Mexican state of whichTexas was a constituent part after 1824, en-dorsed a plan for gradual emancipation in1827, which angered many slaveholding set-tlers who had moved to Texas from theSouth. For this and other reasons, Texas de-clared independence from Mexico, resulting

in war with Mexico. In 1836, the fightingended and Sam Houston became the firstpresident of the Republic of Texas, electedon a platform that favored annexation to theUnited States.

In August 1837, James Freeman, theTexan ambassador to the United States, sub-mitted an annexation proposal to the VanBuren administration. Believing that annex-ation would lead to war with Mexico, the ad-ministration declined Texas’ proposal. Afterthe election of Mirabeau B. Lamar, an oppo-nent of annexation, as president of Texas in1838 and the United States’ apprehension re-garding annexation, Texas withdrew its offer.

In 1843, President John Tyler came outin support of annexation, entering negotia-tions with the Republic of Texas for an an-nexation treaty, which he submitted to theSenate. On 8 June 1844, the treaty was de-feated 35 to 16, well below the two-thirdsmajority necessary for ratification. Of the 29Whig senators, 28 voted against the treatywith only one Whig, a southerner, support-ing it. The Democratic senators were moredivided on the issue with six northern De-

CHAPTER 23

Resolution for the Annexation of Texas(March 1, 1845)


175

*Originally published as “Texas Annexation,” Wikipedia, Wikimedia Foundation, Inc., San Francisco, California,November 2009. For additional information see “Diplomacy and Westward Expansion: The Annexation of Texas(1845),” Timeline of U.S. Diplomatic History (1830–1860), Office of the Historian, Bureau of Public Affairs, U.S.Department of State, Washington, DC, 2004. This agency is listed in the National Resource Directory section of thisvolume.

mocrats and one southern Democrat oppos-ing the treaty and five northern Democratsand ten southern Democrats supporting it.

James K. Polk, a Democrat and a strongsupporter of territorial expansion, was electedpresident in November 1844 with a mandateto acquire both the Republic of Texas andOregon Country. After the election, the Tyleradministration realized that public opinionwas in favor of annexation, consulted withPresident-elect Polk, and set out to accom-plish annexation by means of a joint resolu-tion. The resolution declared that Texaswould be admitted as a state as long as it ap-proved annexation by 1 January 1846, that itcould split itself up into four additionalstates, and that possession of the Republic’spublic lands would shift to the state of Texasupon its admission. On 26 February 1845,six days before Polk took office, Congresspassed the joint resolution. Not long after-wards, Andrew Jackson Donelson, the Amer-ican chargé d’affaires in Texas and thenephew of former president Andrew Jackson,presented the American resolution to Presi-dent Anson Jones of Texas. In July 1845, theTexan Congress endorsed the American an-nexation offer with only one dissenting voteand began writing a state constitution. Thecitizens of Texas approved the new constitu-tion and the annexation ordinance in Octo-ber 1845 and Polk signed the documents for-mally integrating Texas into the United Stateson 29 December 1845.

The joint resolution and ordinance of an-nexation contain language permitting the for-mation of up to four additional states out ofthe former territories of the Republic of Texas:

New States of convenient size not exceedingfour in number, in addition to said State ofTexas and having sufficient population, may,hereafter by the consent of said State, be formedout of the territory thereof, which shall be en-titled to admission under the provisions of theFederal Constitution.

The joint resolution required that if anynew states were formed out of Texas’ lands,

those north of the Missouri Compromise linewould become free states and those south ofthe line could choose whether or not to per-mit slavery. Article Four of the Constitutionprohibits the creation of new states out ofexisting ones without the consent of both thelegislature of that state and of Congress, andthe division of Texas into multiple states hasnever been attempted.

The joint resolution and ordinance ofannexation have no language specifying theboundaries of Texas, but only refer in generalterms to “the territory properly includedwithin, and rightfully belonging to the Re-public of Texas,” and state that the new Stateof Texas is to be formed “subject to the ad-justment by this [U.S.] government of allquestions of boundary that may arise withother governments.”

According to George Lockhart Rives,“That treaty had been expressly so framed asto leave the boundaries of Texas undefined,and the joint resolution of the following win-ter was drawn in the same manner. It washoped that this might open the way to a ne-gotiation, in the course of which the wholesubject of the boundaries of Mexico, fromthe Gulf to the Pacific, might be reconsid-ered, but these hopes came to nothing.”

There was an ongoing border disputebetween the Republic of Texas and Mexicoprior to annexation. Texas claimed the RioGrande as its border, while Mexico main-tained that it was the Nueces River and didnot recognize Texas independence. PresidentJames K. Polk ordered General Zachary Tay-lor to garrison the southern border of Texas,as defined by the former Republic. Taylormoved into Texas, ignoring Mexican de-mands that he withdraw, and marched as farsouth as the Rio Grande, where he began tobuild a fort near the river’s mouth on theGulf of Mexico. The Mexican governmentregarded this action as a violation of its sov-ereignty.

The Republic of Texas never controlledwhat is now New Mexico. The failed Texas

176 IV. TERRITORY

Santa Fe Expedition of 1841 was its only at-tempt to take that territory. El Paso was onlytaken under Texas governance by RobertNeighbors in 1850, over four years after an-nexation; he was not welcomed in New Mex-ico. Texas continued to claim New Mexico asfar as the Rio Grande, supported by the restof the South, and opposed by the North andby New Mexico itself, until agreeing totoday’s boundary in the Compromise of1850.

The original controversy about the le-gality of the annexation of Texas stems fromthe fact that Congress approved the annexa-tion of Texas as a territory with a simple ma-jority vote approval instead of annexing theland by Treaty, as was done with NativeAmerican lands. After the United States andthe Republic of Texas were unable to reach aTreaty agreement, Congress passed a JointResolution for Annexing Texas to the UnitedStates. The Republic of Texas’ AnnexationConvention then submitted the Ordinanceof Annexation to popular vote in October1845 and the public approved the measure.This Ordinance of Annexation was submit-ted and approved by the House and Senateof the United States and signed by thePresident on December 29, 1845. While thiswas an awkward, if not unusual, treatyprocess it was fully accepted by all parties in-volved, and more importantly all parties per-formed on those agreements making themlegally binding. In addition, the UnitedStates Supreme Court decided in the case ofDeLima v. Bidwell, 182 U.S. 1 (1901), that an-nexation by joint resolution of Congress islegal.

The Document

Resolution for the Annexation of Texas

Resolved by the Senate and House ofRepresentatives of the United States of Amer-

ica in Congress assembled, That Congressdoth consent that the territory properly in-cluded within, and rightfully belonging tothe Republic of Texas, may be erected into anew state, to be called the state of Texas, witha republican form of government, to beadopted by the people of said republic, bydeputies in Convention assembled, with theconsent of the existing government, in orderthat the same may be admitted as one of thestates of this Union.

2. And be it further resolved, That theforegoing consent of Congress is given uponthe following conditions, and with the fol-lowing guarantees, to wit : First—said stateto be formed, subject to the adjustment bythis government of all questions of boundarythat may arise with other governments; andthe constitution thereof, with the proper ev-idence of its adoption by the people of saidrepublic of Texas, shall be transmitted to thePresident of the United States, to be laid be-fore Congress for its final action, on or be-fore the first day of January, one thousandeight hundred and forty-six. Second—saidstate, when admitted into the Union, afterceding to the United States all public edifices,fortifications, barracks, ports and harbors,navy and navy-yards, docks, magazines,arms, armaments, and all other property andmeans pertaining to the public defence be-longing to said republic of Texas, shall retainall the public funds, debts, taxes, and dues ofevery kind which may belong to or be dueand owing said republic; and shall also retainall the vacant and unappropriated lands lyingwithin its limits, to be applied to the pay-ment of the debts and liabilities of said re-public of Texas; and the residue of said lands,after discharging said debts and liabilities, tobe disposed of as said state may direct; butin no event are said debts and liabilities to be-come a charge upon the government of theUnited States. Third—New states, of con-venient size, not exceeding four in number,in addition to said state of Texas, and having

23. Resolution for the Annexation of Texas 177

sufficient population, may hereafter, by theconsent of said state, be formed out of theterritory thereof, which shall be entitled toadmission under the provisions of the federalconstitution. And such states as may beformed out of that portion of said territorylying south of thirty-six degrees thirty min-utes north latitude, commonly known as theMissouri Compromise line, shall be admit-ted into the Union with or without slavery,as the people of each state asking admissionmay desire. And in such state or states as shallbe formed out of said territory north of saidMissouri compromise line, slavery, or invol-untary servitude, (except for crime,) shall beprohibited.

3. And be it further resolved, That ifthe President of the United States shall in hisjudgment and discretion deem it most advis-able, instead of proceeding to submit theforegoing resolution to the Republic of Texas,as an overture on the part of the UnitedStates for admission, to negotiate with thatRepublic; then,

Be it resolved, that a state, to be formedout of the present Republic of Texas, withsuitable extent and boundaries, and with tworepresentatives in Congress, until the nextapportionment of representation, shall be ad-mitted into the Union, by virtue of this act,on an equal footing with the existing states,as soon as the terms and conditions of suchadmission, and the cession of the remainingTexan territory to the United States shall beagreed upon by the governments of Texas andthe United States: And that the sum of onehundred thousand dollars be, and the sameis hereby, appropriated to defray the expensesof missions and negotiations, to agree uponthe terms of said admission and cession, ei-ther by treaty to be submitted to the Senate,or by articles to be submitted to the twoHouses of Congress, as the President may di-rect.

Approved, March 1, 1845

Ordinance for the Annexation of Texas

AN ORDINANCE

Whereas,

the Congress of the United States of Americahas passed resolutions providing for the annex-ation of Texas to that Union, which resolutionswere offered by the President of the UnitedStates on the first day of March, 1845; and

Whereas,

the President of the United States has submit-ted to Texas the first and second sections of saidresolutions, as the basis upon which Texas maybe admitted as one of the States of the saidUnion; and

Whereas,

the existing Government of the Republic ofTexas, has assented to the proposals thusmade,—the terms and conditions of which areas follows:

Joint Resolutions for annexing Texas to the United States

Resolved by the Senate and House ofRepresentatives of the United States of Amer-ica in Congress assembled, That Congressdoth consent that the territory properly in-cluded within, and rightfully belonging tothe Republic of Texas, may be erected into anew state, to be called the state of Texas, witha republican form of government, to beadopted by the people of said republic, bydeputies in Convention assembled, with theconsent of the existing government, in orderthat the same may be admitted as one of theStates of this Union.

2nd. And be it further resolved, Thatthe foregoing consent of Congress is givenupon the following conditions, and with thefollowing guarantees, to wit : First, said stateto be formed, subject to the adjustment bythis government of all questions of boundarythat may arise with other governments; andthe constitution thereof, with the proper ev-idence of its adoption by the people of said

178 IV. TERRITORY

republic of Texas, shall be transmitted to thePresident of the United States, to be laid be-fore Congress for its final action, on or be-fore the first day of January, one thousandeight hundred and forty-six. Second, saidstate, when admitted into the Union, afterceding to the United States all public edifices,fortifications, barracks, ports and harbors,navy and navy-yards, docks, magazines,arms, armaments, and all other property andmeans pertaining to the public defence be-longing to said republic of Texas, shall retainall the public funds, debts, taxes, and dues ofevery kind which may belong to or be dueand owing said republic; and shall also retainall the vacant and unappropriated lands lyingwithin its limits, to be applied to the pay-ment of the debts and liabilities of said re-public of Texas; and the residue of said lands,after discharging said debts and liabilities, tobe disposed of as said state may direct; butin no event are said debts and liabilities to be-come a charge upon the government of theUnited States. Third—New states, of con-venient size, not exceeding four in number,in addition to said state of Texas, and havingsufficient population, may hereafter, by theconsent of said state, be formed out of theterritory thereof, which shall be entitled toadmission under the provisions of the federalconstitution. And such states as may beformed out of that portion of said territory

lying south of thirty-six degrees thirty min-utes north latitude, commonly known as theMissouri compromise line, shall be admittedinto the Union with or without slavery, asthe people of each state asking admission maydesire. And in such state or states as shall beformed out of said territory north of saidMissouri compromise line, slavery, or invol-untary servitude, (except for crime,) shall beprohibited.

Now in order to manifest the assent ofthe people of this Republic, as required inthe above recited portions of said resolutions,we the deputies of the people of Texas, inconvention assembled, in their name and intheir authority, do ordain and declare, thatwe assent to and accept the proposals, con-ditions and guarantees, contained in the firstand second sections of the Resolution of theCongress of the United States aforesaid.

In testimony whereof, we have hereuntosubscribed our names

Thomas J. RuskPresident

followed by 61 signatures

AttestJames H. RaymondSecretary of the Convention

Approved on July 4, 1845

23. Resolution for the Annexation of Texas 179

The History*

The Oregon Treaty is a treaty betweenthe United Kingdom of Great Britain andIreland and the United States that was signedon June 15, 1846, in Washington, D.C. Thetreaty brought an end to the Oregon bound-ary dispute by settling competing Americanand British claims to the Oregon Country,which had been jointly occupied by bothBritain and the U.S. since the Treaty of 1818.

The Treaty of 1818 set the boundary be-tween the United States and British NorthAmerica along the 49th parallel of north lat-itude from Minnesota to the “Stony Moun-tains” (now know as the Rocky Mountains).West of those mountains was known to theAmericans as the Oregon Country and to theBritish as the Columbia Department or Co-lumbia District of the Hudson’s Bay Com-pany. (Also included in the region was thesouthern portion of another fur district, NewCaledonia.) The treaty provided for jointcontrol of that land for ten years. Both coun-tries could claim land and both were guaran-teed free navigation throughout.

Joint control steadily grew less tolerablefor both sides. After a British minister re-jected U.S. President James K. Polk’s offer tosettle the boundary at the 49th parallel north,Democratic expansionists called for the an-nexation of the entire region up to 54°40',the southern limit of Russian America as es-tablished by parallel treaties between theRussian Empire and the U.S. (1824) andBritain (1825). However, after the outbreakof the Mexican-American War diverted U.S.attention and resources, a compromise wasreached.

The treaty was negotiated by U.S. Sec-retary of State James Buchanan, who laterbecame president, and Richard Pakenham,British envoy to the United States and mem-ber of the Privy Council of the United King-dom for Queen Victoria. The treaty wassigned on June 15, 1846.

The Oregon Treaty set the U.S. andBritish North American border at the 49thparallel with the exception of Vancouver Is-land, which was retained in its entirety bythe British. Vancouver Island, with all coastalislands, was constituted as the Colony of

CHAPTER 24

Oregon Treaty( June 15, 1846)


180

*Originally published as “Oregon Treaty,” Wikipedia, Wikimedia Foundation, Inc., San Francisco, California, No-vember 2009. For additional information see “Diplomacy and Westward Expansion: The Oregon Territory (1846),”Timeline of U.S. Diplomatic History (1830–1860), Office of the Historian, Bureau of Public Affairs, U.S. Depart-ment of State, Washington, DC, 2004. This agency is listed in the National Resource Directory section of this vol-ume.

Vancouver Island in 1849. The U.S. portionof the region was organized as Oregon Terri-tory on August 14, 1848, with WashingtonTerritory being formed from it in 1853. TheBritish portion remained unorganized until1858 when the Colony of British Columbiawas declared as a result of the Fraser CanyonGold Rush and fears of reasserted Americanexpansionist intentions. The two Britishcolonies were amalgamated in 1866 as theColony of British Columbia. When the Col-ony of British Columbia joined Canada in1871, the 49th Parallel and marine bound-aries established by the Oregon Treaty be-came the U.S.–Canadian border.

The treaty defined the border in theStrait of June de Fuca through the majorchannel. Unfortunately, the “major channel”was not defined.

• Navigation of “channel[s] and straits, southof the forty-ninth parallel of north latitude,remain free and open to both parties.”

• The “Puget’s Sound Agricultural Com-pany” retains the right to their propertynorth of the Columbia River, and shall becompensated for properties surrendered ifrequired by the United States. (The Puget’sSound Agricultural Company was a sub-sidiary of the Hudson’s Bay Company).

• The property rights of the Hudson’s BayCompany and all British subjects south ofthe new boundary will be respected.

In 1859, an unclear description of themaritime border in the treaty led to thebloodless war known as the Pig War over theownership of the San Juan Islands.

The Document

Oregon Treaty 1

THE United States of America and herMajesty the Queen of the United Kingdom ofGreat Britain and Ireland, deeming it to bedesirable for the future welfare of both coun-

tries that the state of doubt and uncertaintywhich has hitherto prevailed respecting thesovereignty and government of the territoryon the northwest coast of America, lying west-ward of the Rocky or Stony Mountains,should be finally terminated by an amicablecompromise of the rights mutually asserted bythe two parties over the said territory, have re-spectively named plenipotentiaries to treat andagree concerning the terms of such settle-ment—that is to say: the President of theUnited States of America has, on his part, fur-nished with full powers James Buchanan, Sec-retary of State of the United States, and herMajesty the Queen of the United Kingdom ofGreat Britain and Ireland has, on her part, ap-pointed the Right Honorable Richard Paken-ham, a member of her Majesty’s Most Hon-orable Privy Council, and her Majesty’s EnvoyExtraordinary and Minister Plenipotentiary tothe United States; who, after having commu-nicated to each other their respective full pow-ers, found in good and due form, have agreedupon and concluded the following articles:—

ARTICLE I.

From the point on the forty-ninth par-allel of north latitude, where the boundarylaid down in existing treaties and conven-tions between the United States and GreatBritain terminates, the line of boundary be-tween the territories of the United States andthose of her Britannic Majesty shall be con-tinued westward along the said forty-ninthparallel of north latitude to the middle of thechannel which separates the continent fromVancouver’s Island, and thence southerlythrough the middle of the said channel, andof Fuca’s Straits, to the Pacific Ocean: Pro-vided, however, That the navigation of thewhole of the said channel and straits, southof the forty-ninth parallel of north latitude,remain free and open to both parties.

ARTICLE II.

From the point at which the forty-ninthparallel of north latitude shall be found to

24. Oregon Treaty 181

intersect the great northern branch of theColumbia River, the navigation of the saidbranch shall be free and open to the Hudson’sBay Company, and to all British subjectstrading with the same, to the point where thesaid branch meets the main stream of the Co-lumbia, and thence down the said mainstream to the ocean, with Fee access into andthrough the said river or rivers, it being un-derstood that all the usual portages along theline thus described shall, in like manner, befree and open. In navigating the said river orrivers, British subjects, with their goods andproduce, shall be treated on the same foot-ing as citizens of the United States; it being,however, always understood that nothing inthis article shall be construed as preventing,or intended to prevent, the government ofthe United States from making any regula-tions respecting the navigation of the saidriver or rivers not inconsistent with the pres-ent treaty.

ARTICLE III.

In the future appropriation of the terri-tory south of the forty-ninth parallel of northlatitude, as provided in the first article of thistreaty, the possessory rights of the Hudson’sBay Company, and of all British subjects whomay be already in the occupation of land orother property lawfully acquired within thesaid territory, shall be respected.

ARTICLE IV.

The farms, lands, and other property ofevery description, belonging to the Puget’s

Sound Agricultural Company, on the northside of the Columbia River, shall beconfirmed to the said company. In case, how-ever, the situation of those farms and landsshould be considered by the United States tobe of public and political importance, andthe United States government should signifya desire to obtain possession of the whole, orof any part thereof, the property so requiredshall be transferred to the said government,at a proper valuation, to be agreed upon be-tween the parties.

ARTICLE V.

The present treaty shall be ratified bythe President of the United States, by andwith the advice and consent of the Senatethereof, and by her Britannic Majesty; andthe ratifications shall be exchanged at Lon-don, at the expiration of six months from thedate hereof, or sooner, if possible.

In witness whereof, the respectivePlenipotentiaries have signed the same, andhave affixed thereto the seals of their arms.

Done at Washington, the fifteenth dayof June, in the year of our Lord one thousandeight hundred and forty-six.

JAMES BUCHANAN [L S.]RICHARD PAKENHAM [L. S.]

NOTE

1. Officially titled the Treaty between Her Majesty and theUnited States of America, for the Settlement of the OregonBoundary and styled in the United States as the Treaty withGreat Britain, in Regard to Limits Westward of the RockyMountains, and also known as the Buchanan-Pakenham (orPackenham) Treaty or (sharing the name with several otherunrelated treaties) the Treaty of Washington.

182 IV. TERRITORY

The History*

The Treaty of Guadalupe Hidalgowhich brought an official end to the Mexi-can-American War (1846–1848) was signedon February 2, 1848, at Guadalupe Hidalgo,a city north of the capital where the Mexicangovernment had fled with the advance ofU.S. forces.

With the defeat of its army and the fallof the capital, Mexico City, in September1847 the Mexican government surrenderedto the United States and entered into nego-tiations to end the way. The peace talks werenegotiated by Nicholas Trist, chief clerk ofthe State Department, who had accompaniedGeneral Winfield Scott as a diplomat andPresident Polk’s representative. Trist andGeneral Scott, after two previous unsuccess-ful attempts to negotiate a treaty with SantaAnna, determined that the only way to dealwith Mexico was as a conquered enemy.Nicholas Trist negotiated with a special com-mission representing the collapsed govern-ment led by Don Bernardo Couto, Don

Miguel Atristain, and Don Luis GonzagaCuevas of Mexico.

Under the terms of the treaty negoti-ated by Trist, Mexico ceded to the UnitedStates Upper California and New Mexico.This was known as the Mexican Cession andincluded present-day Arizona and New Mex-ico and parts of Utah, Nevada, and Colorado(see Article V of the treaty). Mexico relin-quished all claims to Texas and recognizedthe Rio Grande as the southern boundarywith the United States (see Article V).

The United States paid Mexico$15,000,000 “in consideration of the exten-sion acquired by the boundaries of theUnited States” (see Article XII of the treaty)and agreed to pay American citizens’ debtsowed to them by the Mexican government(see Article XV). Other provisions includedprotection of property and civil rights ofMexican nationals living within the newboundaries of the United States (see ArticlesVIII and IX), the promise of the UnitedStates to police its boundaries (see ArticleXI), and compulsory arbitration of future

CHAPTER 25

Treaty of Guadalupe Hidalgo(February 2, 1848)


183

*Originally published as “Teaching with Documents: The Treaty of Guadalupe Hidalgo,” Educators and StudentsReport, The National Archives, U.S. National Archives and Records Administration, College Park, Maryland, 2009.For additional information see “Diplomacy and Westward Expansion: The Treaty of Guadalupe Hidalgo (1848),Timeline of U.S. Diplomatic History (1830–1860), Office of the Historian, Bureau of Public Affairs, U.S. Depart-ment of State, Washington, DC, 2004. This agency is listed in the National Resource Directory section of this vol-ume.

disputes between the two countries (see Ar-ticle XXI).

Trist sent a copy to Washington by thefastest means available, forcing Polk to decidewhether or not to repudiate the highly satis-factory handiwork of his discredited subor-dinate. Polk chose to forward the treaty tothe Senate. When the Senate reluctantlyratified the treaty (by a vote of 34 to 14) onMarch 10, 1848, it deleted Article X guaran-teeing the protection of Mexican land grants.Following the ratification, U.S. troops wereremoved from the Mexican capital.

To carry the treaty into effect, commis-sioner Colonel Jon Weller and surveyor An-drew Grey were appointed by the UnitedStates government and General Pedro Condeand Sr. Jose Illarregui were appointed by theMexican government to survey and set theboundary. A subsequent treaty of December30, 1853, altered the border from the initialone by adding 47 more boundary markers tothe original six. Of the 53 markers, the ma-jority were rude piles of stone; a few were ofdurable character with proper inscriptions.

Over time, markers were moved or de-stroyed, resulting in two subsequent conven-tions (1882 and 1889) between the two coun-tries to more clearly define the boundaries.Photographers were brought in to documentthe location of the markers. These photo-graphs are in Record Group 77, Records ofthe Office of the Chief Engineers, in the Na-tional Archives.

The Document

Treaty of Guadalupe Hidalgo

In the Name of Almighty GodThe United States of America and the

United Mexican States animated by a sinceredesire to put an end to the calamities of thewar which unhappily exists between the twoRepublics and to establish Upon a solid basisrelations of peace and friendship, which shall

confer reciprocal benefits upon the citizens ofboth, and assure the concord, harmony, andmutual confidence wherein the two peopleshould live, as good neighbors have for thatpurpose appointed their respective plenipo-tentiaries, that is to say: The President of theUnited States has appointed Nicholas P. Trist,a citizen of the United States, and the Presi-dent of the Mexican Republic has appointedDon Luis Gonzaga Cuevas, Don BernardoCouto, and Don Miguel Atristain, citizensof the said Republic; Who, after a reciprocalcommunication of their respective full pow-ers, have, under the protection of AlmightyGod, the author of peace, arranged, agreedupon, and signed the following: Treaty ofPeace, Friendship, Limits, and Settlement be-tween the United States of America and theMexican Republic.

ARTICLE I

There shall be firm and universal peacebetween the United States of America andthe Mexican Republic, and between their re-spective countries, territories, cities, towns,and people, without exception of places orpersons.

ARTICLE II

Immediately upon the signature of thistreaty, a convention shall be entered into be-tween a commissioner or commissioners ap-pointed by the General-in-chief of the forcesof the United States, and such as may be ap-pointed by the Mexican Government, to theend that a provisional suspension of hostili-ties shall take place, and that, in the placesoccupied by the said forces, constitutionalorder may be reestablished, as regards the po-litical, administrative, and judicial branches,so far as this shall be permitted by the cir-cumstances of military occupation.

ARTICLE III

Immediately upon the ratification of thepresent treaty by the Government of theUnited States, orders shall be transmitted to

184 IV. TERRITORY

the commanders of their land and navalforces, requiring the latter (provided thistreaty shall then have been ratified by theGovernment of the Mexican Republic, andthe ratifications exchanged) immediately todesist from blockading any Mexican portsand requiring the former (under the samecondition) to commence, at the earliest mo-ment practicable, withdrawing all troops ofthe United States then in the interior of theMexican Republic, to points that shall be se-lected by common agreement, at a distancefrom the seaports not exceeding thirty leagues;and such evacuation of the interior of the Re-public shall be completed with the least pos-sible delay; the Mexican Government herebybinding itself to afford every facility in itspower for rendering the same convenient tothe troops, on their march and in their newpositions, and for promoting a good under-standing between them and the inhabitants.In like manner orders shall be despatched tothe persons in charge of the custom houses atall ports occupied by the forces of the UnitedStates, requiring them (under the same con-dition) immediately to deliver possession ofthe same to the persons authorized by theMexican Government to receive it, togetherwith all bonds and evidences of debt for du-ties on importations and on exportations, notyet fallen due. Moreover, a faithful and exactaccount shall be made out, showing the en-tire amount of all duties on imports and onexports, collected at such custom-houses, orelsewhere in Mexico, by authority of theUnited States, from and after the day ofratification of this treaty by the Governmentof the Mexican Republic; and also an accountof the cost of collection; and such entireamount, deducting only the cost of collec-tion, shall be delivered to the Mexican Gov-ernment, at the city of Mexico, within threemonths after the exchange of ratifications.

The evacuation of the capital of theMexican Republic by the troops of theUnited States, in virtue of the above stipula-tion, shall be completed in one month after

the orders there stipulated for shall have beenreceived by the commander of said troops,or sooner if possible.

ARTICLE IV

Immediately after the exchange ofratifications of the present treaty all castles,forts, territories, places, and possessions,which have been taken or occupied by theforces of the United States during the pres-ent war, within the limits of the Mexican Re-public, as about to be established by the fol-lowing article, shall be definitely restored tothe said Republic, together with all the ar-tillery, arms, apparatus of war, munitions,and other public property, which were in thesaid castles and forts when captured, andwhich shall remain there at the time whenthis treaty shall be duly ratified by the Gov-ernment of the Mexican Republic. To thisend, immediately upon the signature of thistreaty, orders shall be despatched to theAmerican officers commanding such castlesand forts, securing against the removal or de-struction of any such artillery, arms, appara-tus of war, munitions, or other public prop-erty. The city of Mexico, within the innerline of intrenchments surrounding the saidcity, is comprehended in the above stipula-tion, as regards the restoration of artillery,apparatus of war, & c.

The final evacuation of the territory ofthe Mexican Republic, by the forces of theUnited States, shall be completed in threemonths from the said exchange of ratifi-cations, or sooner if possible; the MexicanGovernment hereby engaging, as in the fore-going article, to use all means in its power forfacilitating such evacuation, and rendering itconvenient to the troops, and for promotinga good understanding between them and theinhabitants.

If, however, the ratification of this treatyby both parties should not take place in timeto allow the embarcation of the troops of theUnited States to be completed before thecommencement of the sickly season, at the

25. Treaty of Guadalupe Hidalgo 185

Mexican ports on the Gulf of Mexico, in suchcase a friendly arrangement shall be enteredinto between the General-in-Chief of thesaid troops and the Mexican Government,whereby healthy and otherwise suitableplaces, at a distance from the ports not ex-ceeding thirty leagues, shall be designated forthe residence of such troops as may not yethave embarked, until the return of thehealthy season. And the space of time here re-ferred to as, comprehending the sickly seasonshall be understood to extend from the firstday of May to the first day of November.

All prisoners of war taken on either side,on land or on sea, shall be restored as soon aspracticable after the exchange of ratificationsof this treaty. It is also agreed that if anyMexicans should now be held as captives byany savage tribe within the limits of theUnited States, as about to be established bythe following article, the Government of thesaid United States will exact the release ofsuch captives and cause them to be restoredto their country.

ARTICLE V

The boundary line between the two Re-publics shall commence in the Gulf of Mex-ico, three leagues from land, opposite themouth of the Rio Grande, otherwise calledRio Bravo del Norte, or Opposite the mouthof its deepest branch, if it should have morethan one branch emptying directly into thesea; from thence up the middle of that river,following the deepest channel, where it hasmore than one, to the point where it strikesthe southern boundary of New Mexico;thence, westwardly, along the whole south-ern boundary of New Mexico (which runsnorth of the town called Paso) to its westerntermination; thence, northward, along thewestern line of New Mexico, until it inter-sects the first branch of the river Gila; (or ifit should not intersect any branch of thatriver, then to the point on the said line near-est to such branch, and thence in a direct lineto the same); thence down the middle of the

said branch and of the said river, until itempties into the Rio Colorado; thence acrossthe Rio Colorado, following the division linebetween Upper and Lower California, to thePacific Ocean.

The southern and western limits of NewMexico, mentioned in the article, are thoselaid down in the map entitled “Map of theUnited Mexican States, as organized anddefined by various acts of the Congress ofsaid republic, and constructed according tothe best authorities. Revised edition. Pub-lished at New York, in 1847, by J. Distur-nell,” of which map a copy is added to thistreaty, bearing the signatures and seals of theundersigned Plenipotentiaries. And, in orderto preclude all difficulty in tracing upon theground the limit separating Upper fromLower California, it is agreed that the saidlimit shall consist of a straight line drawnfrom the middle of the Rio Gila, where itunites with the Colorado, to a point on thecoast of the Pacific Ocean, distant one ma-rine league due south of the southernmostpoint of the port of San Diego, according tothe plan of said port made in the year 1782by Don Juan Pantoja, second sailing-masterof the Spanish fleet, and published at Madridin the year 1802, in the atlas to the voyage ofthe schooners Sutil and Mexicana; of whichplan a copy is hereunto added, signed andsealed by the respective Plenipotentiaries.

In order to designate the boundary linewith due precision, upon authoritative maps,and to establish upon the ground land-markswhich shall show the limits of both republics,as described in the present article, the twoGovernments shall each appoint a commis-sioner and a surveyor, who, before the expi-ration of one year from the date of the ex-change of ratifications of this treaty, shallmeet at the port of San Diego, and proceedto run and mark the said boundary in itswhole course to the mouth of the Rio Bravodel Norte. They shall keep journals and makeout plans of their operations; and the resultagreed upon by them shall be deemed a part

186 IV. TERRITORY

of this treaty, and shall have the same forceas if it were inserted therein. The two Gov-ernments will amicably agree regarding whatmay be necessary to these persons, and alsoas to their respective escorts, should such benecessary.

The boundary line established by thisarticle shall be religiously respected by eachof the two republics, and no change shall everbe made therein, except by the express andfree consent of both nations, lawfully givenby the General Government of each, in con-formity with its own constitution.

ARTICLE VI

The vessels and citizens of the UnitedStates shall, in all time, have a free and un-interrupted passage by the Gulf of California,and by the river Colorado below itsconfluence with the Gila, to and from theirpossessions situated north of the boundaryline defined in the preceding article; it beingunderstood that this passage is to be by nav-igating the Gulf of California and the riverColorado, and not by land, without the ex-press consent of the Mexican Government.

If, by the examinations which may bemade, it should be ascertained to be practi-cable and advantageous to construct a road,canal, or railway, which should in whole orin part run upon the river Gila, or upon itsright or its left bank, within the space of onemarine league from either margin of theriver, the Governments of both republics willform an agreement regarding its construc-tion, in order that it may serve equally for theuse and advantage of both countries.

ARTICLE VII

The river Gila, and the part of the RioBravo del Norte lying below the southernboundary of New Mexico, being, agreeablyto the fifth article, divided in the middle be-tween the two republics, the navigation ofthe Gila and of the Bravo below said bound-ary shall be free and common to the vesselsand citizens of both countries; and neither

shall, without the consent of the other, con-struct any work that may impede or inter-rupt, in whole or in part, the exercise of thisright; not even for the purpose of favoringnew methods of navigation. Nor shall anytax or contribution, under any denominationor title, be levied upon vessels or persons nav-igating the same or upon merchandise or ef-fects transported thereon, except in the caseof landing upon one of their shores. If, forthe purpose of making the said rivers navi-gable, or for maintaining them in such state,it should be necessary or advantageous to es-tablish any tax or contribution, this shall notbe done without the consent of both Govern-ments.

The stipulations contained in the pres-ent article shall not impair the territorialrights of either republic within its establishedlimits.

ARTICLE VIII

Mexicans now established in territoriespreviously belonging to Mexico, and whichremain for the future within the limits of theUnited States, as defined by the presenttreaty, shall be free to continue where theynow reside, or to remove at any time to theMexican Republic, retaining the propertywhich they possess in the said territories, ordisposing thereof, and removing the proceedswherever they please, without their beingsubjected, on this account, to any contribu-tion, tax, or charge whatever.

Those who shall prefer to remain in thesaid territories may either retain the title andrights of Mexican citizens, or acquire those ofcitizens of the United States. But they shallbe under the obligation to make their elec-tion within one year from the date of the ex-change of ratifications of this treaty; andthose who shall remain in the said territoriesafter the expiration of that year, without hav-ing declared their intention to retain thecharacter of Mexicans, shall be considered tohave elected to become citizens of the UnitedStates.


In the said territories, property of everykind, now belonging to Mexicans not estab-lished there, shall be inviolably respected.The present owners, the heirs of these, andall Mexicans who may hereafter acquire saidproperty by contract, shall enjoy with respectto it guarantees equally ample as if the samebelonged to citizens of the United States.

ARTICLE IX

The Mexicans who, in the territoriesaforesaid, shall not preserve the character ofcitizens of the Mexican Republic, con-formably with what is stipulated in the pre-ceding article, shall be incorporated into theUnion of the United States and be admittedat the proper time (to be judged of by theCongress of the United States) to the enjoy-ment of all the rights of citizens of the UnitedStates, according to the principles of theConstitution; and in the mean time, shall bemaintained and protected in the free enjoy-ment of their liberty and property, and se-cured in the free exercise of their religionwithout restriction.

ARTICLE X

[Stricken out]

ARTICLE XI

Considering that a great part of the ter-ritories, which, by the present treaty, are tobe comprehended for the future within thelimits of the United States, is now occupiedby savage tribes, who will hereafter be underthe exclusive control of the Government ofthe United States, and whose incursionswithin the territory of Mexico would be prej-udicial in the extreme, it is solemnly agreedthat all such incursions shall be forcibly re-strained by the Government of the UnitedStates whensoever this may be necessary; andthat when they cannot be prevented, theyshall be punished by the said Government,and satisfaction for the same shall be exactedall in the same way, and with equal diligenceand energy, as if the same incursions were

meditated or committed within its own ter-ritory, against its own citizens.

It shall not be lawful, under any pretextwhatever, for any inhabitant of the UnitedStates to purchase or acquire any Mexican, orany foreigner residing in Mexico, who mayhave been captured by Indians inhabiting theterritory of either of the two republics; norto purchase or acquire horses, mules, cattle,or property of any kind, stolen within Mex-ican territory by such Indians.

And in the event of any person or per-sons, captured within Mexican territory byIndians, being carried into the territory ofthe United States, the Government of the lat-ter engages and binds itself, in the mostsolemn manner, so soon as it shall know ofsuch captives being within its territory, andshall be able so to do, through the faithful ex-ercise of its influence and power, to rescuethem and return them to their country. ordeliver them to the agent or representative ofthe Mexican Government. The Mexican au-thorities will, as far as practicable, give to theGovernment of the United States notice ofsuch captures; and its agents shall pay the ex-penses incurred in the maintenance andtransmission of the rescued captives; who, inthe mean time, shall be treated with the ut-most hospitality by the American authoritiesat the place where they may be. But if theGovernment of the United States, before re-ceiving such notice from Mexico, should ob-tain intelligence, through any other channel,of the existence of Mexican captives withinits territory, it will proceed forthwith to ef-fect their release and delivery to the Mexicanagent, as above stipulated.

For the purpose of giving to these stip-ulations the fullest possible efficacy, therebyaffording the security and redress demandedby their true spirit and intent, the Govern-ment of the United States will now and here-after pass, without unnecessary delay, and al-ways vigilantly enforce, such laws as thenature of the subject may require. And, finally,the sacredness of this obligation shall never

188 IV. TERRITORY

be lost sight of by the said Government,when providing for the removal of the Indi-ans from any portion of the said territories,or for its being settled by citizens of theUnited States; but, on the contrary, specialcare shall then be taken not to place its In-dian occupants under the necessity of seek-ing new homes, by committing those inva-sions which the United States have solemnlyobliged themselves to restrain.

ARTICLE XII

In consideration of the extension ac-quired by the boundaries of the UnitedStates, as defined in the fifth article of thepresent treaty, the Government of the UnitedStates engages to pay to that of the MexicanRepublic the sum of fifteen millions of dol-lars.

Immediately after the treaty shall havebeen duly ratified by the Government of theMexican Republic, the sum of three millionsof dollars shall be paid to the said Govern-ment by that of the United States, at the cityof Mexico, in the gold or silver coin of Mex-ico. The remaining twelve millions of dollarsshall be paid at the same place, and in thesame coin, in annual installments of threemillions of dollars each, together with inter-est on the same at the rate of six per centumper annum. This interest shall begin to runupon the whole sum of twelve millions fromthe day of the ratification of the present treatyby—the Mexican Government, and the firstof the installments shall be paid—at the ex-piration of one year from the same day. To-gether with each annual installment, as it fallsdue, the whole interest accruing on such in-stallment from the beginning shall also bepaid.

ARTICLE XIII

The United States engage, moreover, toassume and pay to the claimants all theamounts now due them, and those hereafterto become due, by reason of the claims al-ready liquidated and decided against the

Mexican Republic, under the conventionsbetween the two republics severally con-cluded on the eleventh day of April, eighteenhundred and thirty-nine, and on the thirti-eth day of January, eighteen hundred andforty-three; so that the Mexican Republicshall be absolutely exempt, for the future,from all expense whatever on account of thesaid claims.

ARTICLE XIV

The United States do furthermore dis-charge the Mexican Republic from all claimsof citizens of the United States, not hereto-fore decided against the Mexican Govern-ment, which may have arisen previously tothe date of the signature of this treaty; whichdischarge shall be final and perpetual, whetherthe said claims be rejected or be allowed bythe board of commissioners provided for inthe following article, and whatever shall bethe total amount of those allowed.

ARTICLE XV

The United States, exonerating Mexicofrom all demands on account of the claims oftheir citizens mentioned in the preceding ar-ticle, and considering them entirely and for-ever canceled, whatever their amount may be,undertake to make satisfaction for the same,to an amount not exceeding three and one-quarter millions of dollars. To ascertain thevalidity and amount of those claims, a boardof commissioners shall be established by theGovernment of the United States, whoseawards shall be final and conclusive; providedthat, in deciding upon the validity of eachclaim, the board shall be guided and gov-erned by the principles and rules of decisionprescribed by the first and fifth articles of theunratified convention, concluded at the cityof Mexico on the twentieth day of Novem-ber, one thousand eight hundred and forty-three; and in no case shall an award be madein favour of any claim not embraced by theseprinciples and rules.

If, in the opinion of the said board of


commissioners or of the claimants, anybooks, records, or documents, in the posses-sion or power of the Government of theMexican Republic, shall be deemed neces-sary to the just decision of any claim, thecommissioners, or the claimants throughthem, shall, within such period as Congressmay designate, make an application in writ-ing for the same, addressed to the MexicanMinister of Foreign Affairs, to be transmit-ted by the Secretary of State of the UnitedStates; and the Mexican Government en-gages, at the earliest possible moment afterthe receipt of such demand, to cause any ofthe books, records, or documents so speci-fied, which shall be in their possession orpower (or authenticated copies or extracts ofthe same), to be transmitted to the said Sec-retary of State, who shall immediately deliverthem over to the said board of commission-ers; provided that no such application shallbe made by or at the instance of anyclaimant, until the facts which it is expectedto prove by such books, records, or docu-ments, shall have been stated under oath oraffirmation.

ARTICLE XVI

Each of the contracting parties reservesto itself the entire right to fortify whateverpoint within its territory it may judge properso to fortify for its security.

ARTICLE XVII

The treaty of amity, commerce, andnavigation, concluded at the city of Mexico,on the fifth day of April, A. D. 1831, betweenthe United States of America and the UnitedMexican States, except the additional article,and except so far as the stipulations of thesaid treaty may be incompatible with anystipulation contained in the present treaty, ishereby revived for the period of eight yearsfrom the day of the exchange of ratificationsof this treaty, with the same force and virtueas if incorporated therein; it being under-stood that each of the contracting parties re-

serves to itself the right, at any time after thesaid period of eight years shall have expired,to terminate the same by giving one year’snotice of such intention to the other party.

ARTICLE XVIII

All supplies whatever for troops of theUnited States in Mexico, arriving at ports inthe occupation of such troops previous to thefinal evacuation thereof, although subse-quently to the restoration of the custom-houses at such ports, shall be entirely exemptfrom duties and charges of any kind; theGovernment of the United States hereby en-gaging and pledging its faith to establish andvigilantly to enforce, all possible guards forsecuring the revenue of Mexico, by prevent-ing the importation, under cover of this stip-ulation, of any articles other than such, bothin kind and in quantity, as shall really bewanted for the use and consumption of theforces of the United States during the timethey may remain in Mexico. To this end itshall be the duty of all officers and agents ofthe United States to denounce to the Mexi-can authorities at the respective ports any at-tempts at a fraudulent abuse of this stipula-tion, which they may know of, or may havereason to suspect, and to give to such author-ities all the aid in their power with regardthereto; and every such attempt, when dulyproved and established by sentence of a com-petent tribunal, They shall be punished bythe confiscation of the property so attemptedto be fraudulently introduced.

ARTICLE XIX

With respect to all merchandise, effects,and property whatsoever, imported intoports of Mexico, whilst in the occupation ofthe forces of the United States, whether bycitizens of either republic, or by citizens orsubjects of any neutral nation, the followingrules shall be observed:

(1) All such merchandise, effects, and prop-erty, if imported previously to the restorationof the custom-houses to the Mexican authori-

190 IV. TERRITORY

ties, as stipulated for in the third article of thistreaty, shall be exempt from confiscation, al-though the importation of the same be prohib-ited by the Mexican tariff.

(2) The same perfect exemption shall be en-joyed by all such merchandise, effects, andproperty, imported subsequently to the restora-tion of the custom-houses, and previously tothe sixty days fixed in the following article forthe coming into force of the Mexican tariff atsuch ports respectively; the said merchandise,effects, and property being, however, at thetime of their importation, subject to the pay-ment of duties, as provided for in the said fol-lowing article.

(3) All merchandise, effects, and propertydescribed in the two rules foregoing shall, dur-ing their continuance at the place of importa-tion, and upon their leaving such place for theinterior, be exempt from all duty, tax, or im-posts of every kind, under whatsoever title ordenomination. Nor shall they be there subjectto any charge whatsoever upon the sale thereof.

(4) All merchandise, effects, and property,described in the first and second rules, whichshall have been removed to any place in the in-terior, whilst such place was in the occupationof the forces of the United States, shall, duringtheir continuance therein, be exempt from alltax upon the sale or consumption thereof, andfrom every kind of impost or contribution,under whatsoever title or denomination.

(5) But if any merchandise, effects, or prop-erty, described in the first and second rules,shall be removed to any place not occupied atthe time by the forces of the United States, theyshall, upon their introduction into such place,or upon their sale or consumption there, besubject to the same duties which, under theMexican laws, they would be required to pay insuch cases if they had been imported in time ofpeace, through the maritime custom-houses,and had there paid the duties conformably withthe Mexican tariff.

(6) The owners of all merchandise, effects,or property, described in the first and secondrules, and existing in any port of Mexico, shallhave the right to reship the same, exempt fromall tax, impost, or contribution whatever.

With respect to the metals, or otherproperty, exported from any Mexican portwhilst in the occupation of the forces of theUnited States, and previously to the restora-

tion of the custom-house at such port, noperson shall be required by the Mexican au-thorities, whether general or state, to pay anytax, duty, or contribution upon any such ex-portation, or in any manner to account forthe same to the said authorities.

ARTICLE XX

Through consideration for the interestsof commerce generally, it is agreed, that ifless than sixty days should elapse between thedate of the signature of this treaty and therestoration of the custom houses, con-formably with the stipulation in the third ar-ticle, in such case all merchandise, effects andproperty whatsoever, arriving at the Mexi-can ports after the restoration of the said cus-tom-houses, and previously to the expirationof sixty days after the day of signature of thistreaty, shall be admitted to entry; and noother duties shall be levied thereon than theduties established by the tariff found in forceat such custom-houses at the time of therestoration of the same. And to all such mer-chandise, effects, and property, the rules es-tablished by the preceding article shall apply.

ARTICLE XXI

If unhappily any disagreement shouldhereafter arise between the Governments ofthe two republics, whether with respect tothe interpretation of any stipulation in thistreaty, or with respect to any other particu-lar concerning the political or commercial re-lations of the two nations, the said Govern-ments, in the name of those nations, dopromise to each other that they will endeav-our, in the most sincere and earnest manner,to settle the differences so arising, and to pre-serve the state of peace and friendship inwhich the two countries are now placingthemselves, using, for this end, mutual rep-resentations and pacific negotiations. And if,by these means, they should not be enabledto come to an agreement, a resort shall not,on this account, be had to reprisals, aggres-sion, or hostility of any kind, by the one re-


public against the other, until the Govern-ment of that which deems itself aggrievedshall have maturely considered, in the spiritof peace and good neighbourship, whether itwould not be better that such differenceshould be settled by the arbitration of com-missioners appointed on each side, or by thatof a friendly nation. And should such coursebe proposed by either party, it shall be ac-ceded to by the other, unless deemed by it al-together incompatible with the nature of thedifference, or the circumstances of the case.

ARTICLE XXII

If (which is not to be expected, andwhich God forbid) war should unhappilybreak out between the two republics, they donow, with a view to such calamity, solemnlypledge themselves to each other and to theworld to observe the following rules; ab-solutely where the nature of the subject per-mits, and as closely as possible in all caseswhere such absolute observance shall be im-possible:

(1). The merchants of either republic then re-siding in the other shall be allowed to remaintwelve months (for those dwelling in the inte-rior), and six months (for those dwelling at theseaports) to collect their debts and settle theiraffairs; during which periods they shall enjoythe same protection, and be on the same foot-ing, in all respects, as the citizens or subjects ofthe most friendly nations; and, at the expirationthereof, or at any time before, they shall havefull liberty to depart, carrying off all their ef-fects without molestation or hindrance, con-forming therein to the same laws which the cit-izens or subjects of the most friendly nations arerequired to conform to. Upon the entrance ofthe armies of either nation into the territoriesof the other, women and children, ecclesias-tics, scholars of every faculty, cultivators of theearth, merchants, artisans, manufacturers, andfishermen, unarmed and inhabiting unfortifiedtowns, villages, or places, and in general all per-sons whose occupations are for the commonsubsistence and benefit of mankind, shall be al-lowed to continue their respective employ-ments, unmolested in their persons. Nor shalltheir houses or goods be burnt or otherwise de-

stroyed, nor their cattle taken, nor their fieldswasted, by the armed force into whose power,by the events of war, they may happen to fall;but if the necessity arise to take anything fromthem for the use of such armed force, the sameshall be paid for at an equitable price. Allchurches, hospitals, schools, colleges, libraries,and other establishments for charitable andbeneficent purposes, shall be respected, and allpersons connected with the same protected inthe discharge of their duties, and the pursuit oftheir vocations.

(2). In order that the fate of prisoners of warmay be alleviated all such practices as those ofsending them into distant, inclement or un-wholesome districts, or crowding them intoclose and noxious places, shall be studiouslyavoided. They shall not be confined in dun-geons, prison ships, or prisons; nor be put inirons, or bound or otherwise restrained in theuse of their limbs. The officers shall enjoy lib-erty on their paroles, within convenient dis-tricts, and have comfortable quarters; and thecommon soldiers shall be disposed in canton-ments, open and extensive enough for air andexercise and lodged in barracks as roomy andgood as are provided by the party in whosepower they are for its own troops. But if anyofficer shall break his parole by leaving the dis-trict so assigned him, or any other prisoner shallescape from the limits of his cantonment afterthey shall have been designated to him, suchindividual, officer, or other prisoner, shall for-feit so much of the benefit of this article as pro-vides for his liberty on parole or in canton-ment. And if any officer so breaking his paroleor any common soldier so escaping from thelimits assigned him, shall afterwards be foundin arms previously to his being regularly ex-changed, the person so offending shall be dealtwith according to the established laws of war.The officers shall be daily furnished, by theparty in whose power they are, with as manyrations, and of the same articles, as are allowedeither in kind or by commutation, to officers ofequal rank in its own army; and all others shallbe daily furnished with such ration as is allowedto a common soldier in its own service; thevalue of all which supplies shall, at the close ofthe war, or at periods to be agreed upon be-tween the respective commanders, be paid bythe other party, on a mutual adjustment of ac-counts for the subsistence of prisoners; andsuch accounts shall not be mingled with or set

192 IV. TERRITORY

off against any others, nor the balance due onthem withheld, as a compensation or reprisalfor any cause whatever, real or pretended. Eachparty shall be allowed to keep a commissary ofprisoners, appointed by itself, with every can-tonment of prisoners, in possession of theother; which commissary shall see the prison-ers as often as he pleases; shall be allowed to re-ceive, exempt from all duties and taxes, and todistribute, whatever comforts may be sent tothem by their friends; and shall be free to trans-mit his reports in open letters to the party bywhom he is employed. And it is declared thatneither the pretense that war dissolves alltreaties, nor any other whatever, shall be con-sidered as annulling or suspending the solemncovenant contained in this article. On the con-trary, the state of war is precisely that for whichit is provided; and, during which, its stipula-tions are to be as sacredly observed as the mostacknowledged obligations under the law of na-ture or nations.

ARTICLE XXIII

This treaty shall be ratified by the Pres-ident of the United States of America, by and

with the advice and consent of the Senatethereof; and by the President of the MexicanRepublic, with the previous approbation ofits general Congress; and the ratificationsshall be exchanged in the City of Washing-ton, or at the seat of Government of Mexico,in four months from the date of the signaturehereof, or sooner if practicable. In faithwhereof we, the respective Plenipotentiaries,have signed this treaty of peace, friendship,limits, and settlement, and have hereuntoaffixed our seals respectively. Done in quin-tuplicate, at the city of Guadalupe Hidalgo,on the second day of February, in the year ofour Lord one thousand eight hundred andforty-eight.

N. P. TRISTLUIS P. CUEVASBERNARDO COUTOMIGL. ATRISTAIN


The History*

The Gadsden Purchase, or Treaty, wasan agreement between the United States andMexico, finalized in 1854, in which theUnited States agreed to pay Mexico $10 mil-lion for a 29,670 square mile portion of Mex-ico that later became part of Arizona andNew Mexico. Gadsden’s Purchase providedthe land necessary for a southern transconti-nental railroad and attempted to resolveconflicts that lingered after the Mexican-American War.

While the Treaty of Guadalupe Hidalgoformally ended the Mexican-American Warin February 1848, tensions between the Gov-ernments of Mexico and the United Statescontinued to simmer over the next six years.The two countries each claimed the MesillaValley as part of their own country. TheMexican Government demanded monetarycompensation for Native American attacksin the region because, under the Treaty, theUnited States had agreed to protect Mexicofrom such attacks; however, the United

States refused to comply, insisting that whilethey had agreed to protect Mexico from Na-tive American attacks, they had not agreed tofinancially compensate for attacks that didoccur. The persistent efforts of private Amer-ican citizens to enter Mexico illegally and in-cite rebellions in an effort to gain territory ex-acerbated tensions between the governments.

These continuing tensions betweenMexico and the United States complicatedU.S. efforts to find a southern route for atranscontinental railroad as the only viableroutes passed through Mexican territory. In1847, the United States attempted to buy theIsthmus of Tehuantepec, an isthmus on thesouthern edge of North America, as an alter-native means of providing a southern con-nection between the Atlantic and Pacificoceans. Mexico, however, had already grantedMexican Don José de Garay the right to buildcolonies for Americans on the isthmus withcapital from the New Orleans Company.Fearing the colonists would rebel as those inTexas had, Mexican President Juan Ceballosrevoked the grant, angering U.S. investors.

CHAPTER 26

Gadsden Purchase Treaty(December 30, 1853)


194

*Originally published as “Diplomacy and Westward Expansion: Gadsden Purchase (1853–1854),” Timeline of U.S.Diplomatic History (1830–1860), Office of the Historian, Bureau of Public Affairs, U.S. Department of State, Wash-ington, DC, 2000. For additional information see “Diplomacy and Westward Expansion: Gadsden Purchase(1853–1854),” Timeline of U.S. Diplomatic History (1830–1860), Office of the Historian, Bureau of Public Affairs,U.S. Department of State, Washington, DC, 2004. This agency is listed in the National Resource Directory sectionof this volume.

In 1853, Mexican officials evicted Amer-icans from their property in the disputedMesilla Valley. When the U.S. Governmentdid not act, Governor William Lane of NewMexico declared the Mesilla Valley part ofthe U.S. territory of New Mexico. MexicanPresident Antonio de Santa Anna respondedby sending troops into the valley. Attempt-ing to defuse the situation, U.S. PresidentFranklin Pierce sent James Gadsden, the newU.S. Minister to Mexico, to negotiate withSanta Anna. Secretary of State WilliamMarcy instructed Gadsden to renegotiate aborder that provided a route for a southernrailroad, arrange for a release of U.S. finan-cial obligations for Native American attacks,and settle the monetary claims between thecountries related to the Garay project.

Gadsden met with Santa Anna on Sep-tember 25, 1853. President Pierce sent verbalinstructions for Gadsden through Christo-pher Ward, an agent for U.S. investors in theGaray project, giving Gadsden negotiatingoptions ranging from $50 million for lowerCalifornia and a large portion of northernMexico to $15 million for a smaller land dealthat would still provide for a southern rail-road. Ward also lied to Gadsden, stating thePresident wanted the claims of the Garayparty addressed in any treaty concluded withthe Mexican Government; however, Presi-dent Pierce never gave Ward these instruc-tions because he did not believe in govern-ment involvement in affairs between privatecompanies and foreign governments.

Santa Anna refused to sell a large por-tion of Mexico, but he needed money to fundan army to put down ongoing rebellions, soon December 30, 1853 he and Gadsdensigned a treaty stipulating that the UnitedStates would pay $15 million for 45,000square miles south of the New Mexico terri-tory and assume private American claims,including those related to the Garay deal.The United States Government agreed towork toward preventing American raidsalong Mexico’s border and Mexico voided

U.S. responsibility for Native American at-tacks.

With a great deal of difficulty resultingfrom the increasing strife between the north-ern and southern states, the U.S. Senateratified a revised treaty on April 25, 1854.The new treaty reduced the amount paid toMexico to $10 million and the land pur-chased to 29,670 square miles, and removedany mention of Native American attacks andprivate claims. President Pierce signed thetreaty and Gadsden presented the new treatyto Santa Anna, who signed it on June 8, 1854.

After Gadsden’s Purchase a new borderdispute caused tension over the United States’payment, and the treaty failed to resolve theissues surrounding financial claims and bor-der attacks. However, it did create the south-ern border of the present-day United States,despite the beliefs of the vast majority of pol-icymakers at the time who thought theUnited States would eventually expand fur-ther into Mexico.

The Document

Gadsden Purchase Treaty

WHEREAS a treaty between theUnited States of America and the MexicanRepublic was concluded and signed at theCity of Mexico on the thirtieth day of De-cember, one thousand eight hundred andfifty-three; which treaty, as amended by theSenate of the United States, and being in theEnglish and Spanish languages, is word forword as follows:

In the Name of Almighty God:The Republic of Mexico and the United

States of America desiring to remove everycause of disagreement which might interferein any manner with the better friendship andintercourse between the two countries, andespecially in respect to the true limits whichshould be established, when, notwithstand-ing what was covenanted in the treaty of

26. Gadsden Purchase Treaty 195

Guadalupe Hidalgo in the year 1848, oppo-site interpretations have been urged, whichmight give occasion to questions of seriousmoment: to avoid these, and to strengthenand more firmly maintain the peace whichhappily prevails between the two republics,the President of the United States has, forthis purpose, appointed James Gadsden,Envoy Extraordinary and Minister Plenipo-tentiary of the same, near the Mexican gov-ernment, and the President of Mexico hasappointed as Plenipotentiary “ad hoc” his ex-cellency Don Manuel Diez de Bonilla, cava-lier grand cross of the national and distin-guished order of Guadalupe, and Secretary ofState, and of the office of Foreign Relations,and Don Jose Salazar Ylarregui and GeneralMariano Monterde as scientific commission-ers, invested with full powers for this nego-tiation, who, having communicated their re-spective full powers, and finding them in dueand proper form, have agreed upon the arti-cles following:

ARTICLE I.

The Mexican Republic agrees to desig-nate the following as her true limits with theUnited States for the future : retaining thesame dividing line between the two Califor-nias as already defined and established, ac-cording to the 5th article of the treaty ofGuadalupe Hidalgo, the limits between thetwo republics shall be as follows: Beginningin the Gulf of Mexico, three leagues fromland, opposite the mouth of the Rio Grande,as provided in the 5th article of the treaty ofGuadalupe Hidalgo; thence, as defined in thesaid article, up the middle of that river to thepoint where the parallel of 31° 47' north lat-itude crosses the same; thence due west onehundred miles; thence south to the parallelof 31° 20' north latitude; thence along thesaid parallel of 31° 20' to the 111th meridianof longitude west of Greenwich; thence in astraight line to a point on the Colorado Rivertwenty English miles below the junction ofthe Gila and Colorado rivers; thence up the

middle of the said river Colorado until it in-tersects the present line between the UnitedStates and Mexico.

For the performance of this portion ofthe treaty, each of the two governments shallnominate one commissioner, to the end that,by common consent the two thus nominated,having met in the city of Paso del Norte,three months after the exchange of theratifications of this treaty, may proceed tosurvey and mark out upon the land the di-viding line stipulated by this article, where itshall not have already been surveyed and es-tablished by the mixed commission, accord-ing to the treaty of Guadalupe, keeping ajournal and making proper plans of their op-erations. For this purpose, if they shouldjudge it necessary, the contracting partiesshall be at liberty each to unite to its respec-tive commissioner, scientific or other assis-tants, such as astronomers and surveyors,whose concurrence shall not be considerednecessary for the settlement and of a true lineof division between the two Republics; thatline shall be alone established upon whichthe commissioners may fix, their consent inthis particular being considered decisive andan integral part of this treaty, without neces-sity of ulterior ratification or approval, andwithout room for interpretation of any kindby either of the parties contracting.

The dividing line thus established shall,in all time, be faithfully respected by the twogovernments, without any variation therein,unless of the express and free consent of thetwo, given in conformity to the principles ofthe law of nations, and in accordance withthe constitution of each country respectively.

In consequence, the stipulation in the5th article of the treaty of Guadalupe Hidalgoupon the boundary line therein described isno longer of any force, wherein it mayconflict with that here established, the saidline being considered annulled and abolishedwherever it may not coincide with the pres-ent, and in the same manner remaining infull force where in accordance with the same.

196 IV. TERRITORY

ARTICLE II.

The government of Mexico hereby re-leases the United States from all liability onaccount of the obligations contained in theeleventh article of the treaty of GuadalupeHidalgo; and the said article and the thirty-third article of the treaty of amity, commerce,and navigation between the United States ofAmerica and the United Mexican States con-cluded at Mexico, on the fifth day of April,1831, are hereby abrogated.

ARTICLE III.In consideration of the foregoing stipu-

lations, the Government of the United Statesagrees to pay to the government of Mexico,in the city of New York, the sum of ten mil-lions of dollars, of which seven millions shallbe paid immediately upon the exchange ofthe ratifications of this treaty, and the re-maining three millions as soon as the bound-ary line shall be surveyed, marked, and estab-lished.

ARTICLE IV.The provisions of the 6th and 7th arti-

cles of the treaty of Guadalupe Hidalgo hav-ing been rendered nugatory, for the mostpart, by the cession of territory granted inthe first article of this treaty, the said articlesare hereby abrogated and annulled, and theprovisions as herein expressed substitutedtherefor. The vessels, and citizens of theUnited States shall, in all time, have free anduninterrupted passage through the Gulf ofCalifornia, to and from their possessions sit-uated north of the boundary line of the twocountries. It being understood that this pas-sage is to be by navigating the Gulf of Cali-fornia and the river Colorado, and not byland, without the express consent of the Mex-ican government; and precisely the same pro-visions, stipulations, and restrictions, in allrespects, are hereby agreed upon and adopted,and shall be scrupulously observed and en-forced by the two contracting governments inreference to the Rio Colorado, so far and for

such distance as the middle of that river ismade their common boundary line by thefirst article of this treaty.

The several provisions, stipulations, andrestrictions contained in the 7th article of thetreaty of Guadalupe Hidalgo shall remain inforce only so far as regards the Rio Bravo delForte, below the initial of the said boundaryprovided in the first article of this treaty; thatis to say, below the intersection of the 31°47'30" parallel of latitude, with the bound-ary line established by the late treaty divid-ing said river from its mouth upwards, ac-cording to the fifth article of the treaty ofGuadalupe.

ARTICLE V.

All the provisions of the eighth andninth, sixteenth and seventeenth articles ofthe treaty of Guadalupe Hidalgo, shall applyto the territory ceded by the Mexican Re-public in the first article of the present treaty,and to all the rights of persons and property,both civil and ecclesiastical, within the same,as fully and as effectually as if the said arti-cles were herein again recited and set forth.

ARTICLE VI.

No grants of land within the territoryceded by the first article of this treaty bear-ing date subsequent to the day—twenty-fifthof September—when the minister and sub-scriber to this treaty on the part of the UnitedStates, proposed to the Government of Mex-ico to terminate the question of boundary,will be considered valid or be recognized bythe United States, or will any grants madepreviously be respected or be considered asobligatory which have not been located andduly recorded in the archives of Mexico.

ARTICLE VII.

Should there at any future period(which God forbid) occur any disagreementbetween the two nations which might lead toa rupture of their relations and reciprocalpeace, they bind themselves in like manner to


procure by every possible method the adjust-ment of every difference; and should they stillin this manner not succeed, never will theyproceed to a declaration of war, without hav-ing previously paid attention to what hasbeen set forth in article twenty-one of thetreaty of Guadalupe for similar cases; whicharticle, as well as the twenty-second is herereaffirmed.

ARTICLE VIII.

The Mexican Government having onthe 5th of February, 1853, authorized theearly construction of a plank and railroadacross the Isthmus of Tehuantepec, and, tosecure the stable benefits of said transit wayto the persons and merchandise of the citi-zens of Mexico and the United States, it isstipulated that neither government will inter-pose any obstacle to the transit of personsand merchandise of both nations; and at notime shall higher charges be made on thetransit of persons and property of citizens ofthe United States, than may be made on thepersons and property of other foreign na-tions, nor shall any interest in said transitway, nor in the proceeds thereof, be trans-ferred to any foreign government.

The United States, by its agents, shallhave the right to transport across the isth-mus, in closed bags, the mails of the UnitedStates not intended for distribution along theline of communication; also the effects of theUnited States government and its citizens,which may be intended for transit, and notfor distribution on the isthmus, free of cus-tom-house or other charges by the Mexicangovernment. Neither passports nor letters ofsecurity will be required of persons crossingthe isthmus and not remaining in the coun-try.

When the construction of the railroadshall be completed, the Mexican governmentagrees to open a port of entry in addition tothe port of Vera Cruz, at or near the termi-nus of said road on the Gulf of Mexico.

The two governments will enter into

arrangements for the prompt transit of troopsand munitions of the United States, whichthat government may have occasion to sendfrom one part of its territory to another, lyingon opposite sides of the continent.

The Mexican government having agreedto protect with its whole power the prosecu-tion, preservation, and security of the work,the United States may extend its protectionas it shall judge wise to it when it may feelsanctioned and warranted by the public orinternational law.

ARTICLE IX.

This treaty shall be ratified, and the re-spective ratifications shall be exchanged at thecity of Washington within the exact periodof six months from the date of its signature,or sooner, if possible.

In testimony whereof, we, the plenipo-tentiaries of the contracting parties, havehereunto affixed our hands and seals at Mex-ico, the thirtieth (30th) day of December, inthe year of our Lord one thousand eight hun-dred and fifty-three, in the thirty-third yearof the independence of the Mexican repub-lic, and the seventy-eighth of that of theUnited States.

JAMES GADSDEN,MANUEL DIEZ DE BONILLAJOSE SALAZAR YLARBEGUIJ. MARIANO MONTERDE,

And whereas the said treaty, asamended, has been duly ratified on bothparts, and the respective ratifications of thesame have this day been exchanged at Wash-ington, by WILLIAM L. MARCY, Secretaryof State of the United States, and SENORGENERAL DON JUAN N. ALMONTE,Envoy Extraordinary and Minister Plenipo-tentiary of the Mexican Republic, on the partof their respective Governments:

Now, therefore, be it known that I,FRANKLIN PIERCE, President of theUnited States of America, have caused thesaid treaty to be made public, to the end that

198 IV. TERRITORY

the same, and every clause and article thereof,may be observed and fulfilled with good faithby the United States and the citizens thereof

In witness whereof I have hereunto setmy hand and caused the seal of the UnitedStates to be affixed.

Done at the city of Washington, thisthirtieth day of June, in the year of our Lord

one thousand eight hundred and fifty-four,and of the Independence of the United Statesthe seventy-eighth.

BY THE PRESIDENT:FRANKLIN PIERCE,W. L. MARCY, Secretary of State.


The History*

In 1866 the Russian government offeredto sell the territory of Alaska to the UnitedStates. Secretary of State William H. Seward,enthusiastic about the prospects of Americanexpansion, negotiated the deal for the Amer-icans. Edward de Stoeckl, Russian minister tothe United States, negotiated for the Rus-sians. On March 30, 1867, the two partiesagreed that the United States would payRussia $7.2 million for the territory ofAlaska.

For less than 2 cents an acre, the UnitedStates acquired nearly 600,000 square miles.Opponents of the Alaska Purchase persistedin calling it “Seward’s Folly” or “Seward’sIcebox” until 1896, when the great KlondikeGold Strike convinced even the harshest crit-ics that Alaska was a valuable addition toAmerican territory.

The check for $7.2 million was madepayable to the Russian Minister to the UnitedStates Edward de Stoeckl, who negotiated thedeal for the Russians. Also shown here is theTreaty of Cession, signed by Tzar Alexander

II, which formally concluded the agreementfor the purchase of Alaska from Russia.

Juneau officially replaced Sitka as capi-tal in 1900, but it did not begin to functionas such until 1906. In the same year Alaskawas finally awarded a territorial representativein Congress. A new era began for Alaskawhen local government was established in1912 and it became a U.S. territory. Thebuilding of the Alaska railroad from Sewardto Fairbanks was commenced with govern-ment funds in 1915. Already, however, goldmining was dying out, and Alaska recededinto one of its quiet periods. The fishing in-dustry, which had gradually advanced duringthe gold era, became the major enterprise.

Alaska enjoyed an economic boom dur-ing World War II. The Alaska Highway wasbuilt, supplying a weak but much-neededlink with the United States. After Japanesetroops occupied the Aleutian islands of Attuand Kiska, U.S. forces prepared for a coun-terattack. Attu was retaken in May 1943,after intense fighting, and the Japanese evac-uated Kiska in August after intensive U.S.bombardments. Dutch Harbor became a

CHAPTER 27

Alaska Treaty(March 30, 1867)


200

*Originally published as “Check for the Purchase of Alaska (1868),” 100 Milestone Documents, The National Archives,U.S. National Archives and Records Administration, College Park, Maryland, 2008. For additional information see“The Purchase of Alaska (1868),” America’s Historical Documents, U.S. National Archives and Records Administra-tion, College Park, Maryland, 2008. This agency is listed in the National Resource Directory section of this volume.

major key in the U.S. defense system. Thegrowth of air travel after the war and the per-manent military bases established in Alaskaresulted in tremendous growth; between1950 and 1960 the population nearly dou-bled.

In 1958, Alaskans approved statehoodby a 5 to 1 vote, and on January 3, 1959,Alaska was officially admitted into the Unionas a state, the first since Arizona in 1912. OnMarch 27, 1964, the strongest earthquakeever recorded in North America occurred inAlaska, taking approximately 114 lives andcausing extensive property damage. Somecities were almost totally destroyed, and thefishing industry was especially hard hit, withthe loss of fleets, docks, and canneries fromthe resulting tsunami. Reconstruction, withlarge-scale federal aid, was rapid. The AlaskaNative Claims Settlement Act (1971) gaveroughly 44 million acres (17.8 millionhectares; 10% of the state) and almost $1 bil-lion to Alaskan native peoples in exchangefor renunciation of all aboriginal claims toland in the state.

The Document

Alaska Purchase Treaty 1

Whereas a treaty between the UnitedStates of America and his Majesty the Em-peror of all the Russias was concluded andsigned by their respective plenipotentiaries atthe city of Washington, on the thirtieth dayof March, last, which treaty, being in Englishand French languages, is, word for word asfollows:

(The French version is omitted forbrevity).

The United States of America and HisMajesty the Emperor of all the Russias, beingdesirous of strengthening, if possible, thegood understanding which exists betweenthem, have, for that purpose, appointed astheir Plenipotentiaries: the President of the

United States, William H. Seward, Secretaryof State; and His Majesty the Emperor of allthe Russias, the Privy Councillor Edward deStoeckl, his Envoy Extraordinary and Min-ister Plenipotentiary to the United States.

And the said Plenipotentiaries, havingexchanged their full powers, which werefound to be in due form, have agreed uponand signed the following articles:

ARTICLE I.

His Majesty the Emperor of all the Rus-sias agrees to cede to the United States, bythis convention, immediately upon the ex-change of the ratifications thereof, all the ter-ritory and dominion now possessed by hissaid Majesty on the continent of America andin the adjacent islands, the same being con-tained within the geographical limits hereinset forth, to wit : The eastern limit is the lineof demarcation between the Russian and theBritish possessions in North America, as es-tablished by the convention between Russiaand Great Britain, of February 28–16, 1825,and described in Articles III and IV of saidconvention, in the following terms:

“Commencing from the southernmost point ofthe island called Prince of Wales Island, whichpoint lies in the parallel of 54 degrees 40 min-utes north latitude, and between the 131st andthe 133d degree of west longitude, (meridian ofGreenwich,) the said line shall ascend to thenorth along the channel called Portland chan-nel, as far as the point of the continent whereit strikes the 56th degree of north latitude;from this last-mentioned point, the line of de-marcation shall follow the summit of themountains situated parallel to the coast as faras the point of intersection of the 141st degreeof west longitude, (of the same meridian;) andfinally, from the said point of intersection, thesaid meridian line of the 141st degree, in its pro-longation as far as the Frozen ocean. “IV. Withreference to the line of demarcation laid downin the preceding article, it is understood—

“1st. That the island called Prince of WalesIsland shall belong wholly to Russia,” (now, bythis cession, to the United States.)

“2d. That whenever the summit of themountains which extend in a direction parallel

27. Alaska Treaty 201

to the coast from the 56th degree of north lat-itude to the point of intersection of the 141st de-gree of west longitude shall prove to be at thedistance of more than ten marine leagues fromthe ocean, the limit between the British posses-sions and the line of coast which is to belongto Russia as above mentioned (that is to say,the limit to the possessions ceded by this con-vention) shall be formed by a line parallel to thewinding of the coast, and which shall never ex-ceed the distance of ten marine leagues there-from.”

The western limit within which the ter-ritories and dominion conveyed, are con-tained, passes through a point in Behring’sstraits on the parallel of sixty-five degreesthirty minutes north latitude, at its intersec-tion by the meridian which passes midwaybetween the islands of Krusenstern, or Ig-nalook, and the island of Ratmanoff, orNoonarbook, and proceeds due north, with-out limitation, into the same Frozen ocean.The same western limit, beginning at thesame initial point, proceeds thence in acourse nearly southwest through Behring’sstraits and Behring’s sea, so as to pass mid-way between the northwest point of the is-land of St. Lawrence and the southeast pointof Cape Choukotski, to the meridian of onehundred and seventy-two west longitude;thence, from the intersection of that merid-ian, in a south-westerly direction, so as topass midway between the island of Attou andthe Copper island of the Kormandorski cou-plet or group in the North Pacific ocean, tothe meridian of one hundred and ninety-three degrees west longitude, so as to includein the territory conveyed the whole of theAleutian islands east of that meridian.

ARTICLE II.

In the cession of territory and domin-ion made by the preceding article are in-cluded the right of property in all public lotsand squares, vacant lands, and all publicbuildings, fortifications, barracks, and otheredifices which are not private individualproperty. It is, however, understood and

agreed, that the churches which have beenbuilt in the ceded territory by the Russiangovernment, shall remain the property ofsuch members of the Greek Oriental Churchresident in the territory, as may choose toworship therein. Any government archives,papers, and documents relative to the terri-tory and dominion aforesaid, which may benow existing there, will be left in the posses-sion of the agent of the United States; but anauthenticated copy of such of them as may berequired, will be, at all times, given by theUnited States to the Russian government, orto such Russian officers or subjects as theymay apply for.

ARTICLE III.

The inhabitants of the ceded territory,according to their choice, reserving their nat-ural allegiance, may return to Russia withinthree years; but if they should prefer to re-main in the ceded territory, they, with theexception of uncivilized native tribes, shallbe admitted to the enjoyment of all the rights,advantages, and immunities of citizens of theUnited States, and shall be maintained andprotected in the free enjoyment of their lib-erty, property, and religion. The uncivilizedtribes will be subject to such laws and regu-lations as the United States may, from timeto time, adopt in regard to aboriginal tribesof that country.

ARTICLE IV.

His Majesty the Emperor of all the Rus-sias shall appoint, with convenient despatch,an agent or agents for the purpose of formallydelivering to a similar agent or agents ap-pointed on behalf of the United States, theterritory, dominion, property, dependenciesand appurtenances which are ceded as above,and for doing any other act which may benecessary in regard thereto. But the cession,with the right of immediate possession, isnevertheless to be deemed complete and ab-solute on the exchange of ratifications, with-out waiting for such formal delivery.

202 IV. TERRITORY

ARTICLE V.

Immediately after the exchange of theratifications of this convention, any fortifica-tions or military posts which may be in theceded territory shall be delivered to the agentof the United States, and any Russian troopswhich may be in the territory shall be with-drawn as soon as may be reasonably and con-veniently practicable.

ARTICLE VI.

In consideration of the cession afore-said, the United States agree to pay at thetreasury in Washington, within ten monthsafter the exchange of the ratifications of thisconvention, to the diplomatic representativeor other agent of his Majesty the Emperor ofall the Russias, duly authorized to receive thesame, seven million two hundred thousanddollars in gold. The cession of territory anddominion herein made is hereby declared tobe free and unencumbered by any reserva-tions, privileges, franchises, grants, or pos-sessions, by any associated companies,whether corporate or incorporate, Russian orany other, or by any parties, except merelyprivate individual property holders; and thecession hereby made, conveys all the rights,franchises, and privileges now belonging toRussia in the said territory or dominion, andappurtenances thereto.

ARTICLE VII.

When this convention shall have beenduly ratified by the President of the UnitedStates, by and with the advice and consent ofthe Senate, on the one part, and on the otherby his Majesty the Emperor of all the Rus-sias, the ratifications shall be exchanged atWashington within three months from thedate hereof, or sooner if possible.

In faith whereof, the respective plenipo-

tentiaries have signed this convention, andthereto affixed the seals of their arms.

Done at Washington, the thirtieth dayof March, in the year of our Lord one thou-sand eight hundred and sixty-seven.

[L. S.] WILLIAM H. SEWARD.[L. S.] EDOUARD DE STOECKL.

And whereas the said Treaty has beenduly ratified on both parts, and the respec-tive ratifications of the same were exchangedat Washington on this twentieth day of June,by William H. Seward, Secretary of State ofthe United States, and the Privy CounsellorEdward de Stoeckl, the Envoy Extraordinaryof His Majesty the Emperor of all the Rus-sias, on the part of their respective govern-ments, Now, therefore, be it known that I,Andrew Johnson, President of the UnitedStates of America, have caused the said Treatyto be made public, to the end that the sameand every clause and article thereof may beobserved and fulfilled with good faith by theUnited States and the citizens thereof.

In witness whereof, I have hereunto setmy hand, and caused the seal of the UnitedStates to be affixed.

Done at the city of Washington, thistwentieth day of June in the year of our Lordone thousand eight hundred and sixty-seven,and of the Independence of the United Statesthe ninety-first.

[L.S.] ANDREW JOHNSONBy the President:William H. Seward, Secretary of State

NOTE

1. Treaty concerning the Cession of the Russian Possessionsin North America by his Majesty the Emperor of all the Rus-sias to the United States of America; Concluded March 30,1867; Ratified by the United States May 28, 1867; ExchangedJune 20, 1867; Proclaimed by the United States June 20, 1867.

27. Alaska Treaty 203

The History*

When the Hawaiian islands were for-mally annexed by the United States in 1898,the event marked the end of a lengthy inter-nal struggle between native Hawaiians andwhite American businessmen for control ofthe Hawaiian government. In 1893 the lastmonarch of Hawaii, Queen Lili’uokalani, wasoverthrown by party of businessmen, whothen imposed a provisional government.Soon after, President Benjamin Harrisonsubmitted a treaty to annex the Hawaiian is-lands to the U.S. Senate for ratification. In1897, the treaty effort was blocked when thenewly-formed Hawaiian Patriotic League,composed of native Hawaiians, successfullypetitioned the U.S. Congress in opposition tothe treaty. The League’s lobbying efforts leftonly 46 Senators in favor of the resolution,less than the 2⁄3 majority needed for approvalof a treaty. The League’s victory was short-lived, however, as unfolding world eventssoon forced the annexation issue to the foreagain. With the explosion of the U.S.S.Maine in February 1898 signaling the start

of the Spanish-American War, establishing amid–Pacific fueling station and naval basebecame a strategic imperative for the UnitedStates. The Hawaiian islands were the clearchoice, and this time Congress moved toannex the Hawaiian islands by Joint Resolu-tion, a process requiring only a simple ma-jority in both houses of Congress. On July 12,1898, the Joint Resolution passed and theHawaiian islands were officially annexed bythe United States.

The Hawaiian islands had a well-estab-lished culture and long history of self-gover-nance when Captain James Cook, the firstEuropean explorer to set foot on Hawaii,landed in 1778. The influence of Europeanand American settlers quickly began to altertraditional ways of life. Originally governedby individual chiefs or kings, the islandsunited under the rule of a single monarch,King Kamehameha, in 1795, less than twodecades after Cook’s arrival. Later the tradi-tional Hawaiian monarchy was overthrownin favor of a constitutional monarchy. Even-tually, the monarchy itself was abandoned infavor of a government elected by a small

CHAPTER 28

Hawaii Resolution( July 7, 1898)


204

*Originally published as “Teaching with Documents: The 1897 Petition Against the Annexation of Hawaii,” Edu-cators and Students Report, The National Archives, U.S. National Archives and Records Administration, College Park,Maryland, 2008. For additional information see “Joint Resolution to Provide for Annexing the Hawaiian Islands tothe United States (1868),” 100 Milestone Documents, U.S. National Archives and Records Administration, CollegePark, Maryland, 2008. This agency is listed in the National Resource Directory section of this volume.

group of enfranchised voters, although theHawaiian monarch was retained as the cere-monial head of the government. Even ele-ments of daily life felt the social and eco-nomic impact of the white planters,missionaries and businessmen. The land-holding system changed, and many aspects oftraditional culture were prohibited includingteaching the Hawaiian language and per-forming the native Hula dance.

In 1887, the struggle for control ofHawaii was at its height as David Kalakauawas elected to the Hawaiian throne. KingKalakaua signed a reciprocity treaty with theUnited States making it possible for sugar tobe sold to the U.S. market tax-free, but thehaole—or “white”—businessmen were stilldistrustful of him. They criticized his ties tomen they believed to be corrupt, his revival ofHawaiian traditions such as the historic Hula,and construction of the royal Iolani Palace. Ascandal involving Kalakaua erupted in the veryyear he was crowned, and it united his oppo-nents, a party of businessmen under the lead-ership of Lorrin Thurston. The oppositionused the threat of violence to force Kalakauato accept a new constitution that stripped themonarchy of executive powers and replacedthe cabinet with members of the businessmen’sparty. The new constitution, which effectivelydisenfranchised most native Hawaiian voters,came to be known as the “Bayonet Constitu-tion” because Kalakaua signed it under duress.

When King Kalakaua died in 1891, hissister Lili’uokalani succeeded him, and mem-bers of the native population persuaded thenew queen to draft a new constitution in anattempt to restore native rights and powers.The move was countered by the Committeeon Annexation, a small group of white busi-nessmen and politicians who felt that annex-ation by the United States, the major im-porter of Hawaiian products, would bebeneficial for the economy of Hawaii. Sup-ported by John Stevens, the U.S. Minister toHawaii, and a contingent of Marines fromthe warship, U.S.S. Boston, the Committee

on Annexation overthrew Queen Lili’uokalaniin a bloodless coup on January 17, 1893 andestablished a revolutionary regime.

Without permission from the U.S. StateDepartment, Minister Stevens then recognizedthe new government and proclaimed Hawaii aU.S. protectorate. The Committee immedi-ately proclaimed itself to be the ProvisionalGovernment. President Benjamin Harrisonsigned a treaty of annexation with the new gov-ernment, but before the Senate could ratify it,Grover Cleveland replaced Harrison as pres-ident and subsequently withdrew the treaty.

Shortly into his presidency, Clevelandappointed James Blount as a special investi-gator to investigate the events in the Hawai-ian islands. Blount found that MinisterStevens had acted improperly and orderedthat the American flag be lowered fromHawaiian government buildings. He also or-dered that Queen Lili’uokalani be restoredto power, but Sanford Dole, the president ofthe Provisional Government of Hawaii, re-fused to turn over power. Dole successfullyargued that the United States had no right tointerfere in the internal affairs of Hawaii. TheProvisional Government then proclaimedHawaii a republic in 1894, and soon the Re-public of Hawaii was officially recognized bythe United States.

The overthrow of Lili’uokalani and im-position of the Republic of Hawaii was con-trary to the will of the native Hawaiians. Na-tive Hawaiians staged mass protest rallies andformed two gender-designated groups toprotest the overthrow and prevent annexa-tion. One was the Hui Hawaii Aloha Aina,loosely translated as the Hawaiian PatrioticLeague, and the other was its female coun-terpart, the Hui Hawaii Aloha Aina o Na

Wahine. On January 5, 1895, the proteststook the form of an armed attempt to derailthe annexation but the armed revolt was sup-pressed by the forces of the Republic. Theleaders of the revolt were imprisoned alongwith Queen Lili’uokalani who was jailed forfailing to put down the revolt.

28. Hawaii Resolution 205

In March 1897, William McKinley wasinaugurated as President of the United States.McKinley was in favor of annexation, andthe change in leadership was soon felt. OnJune 16, 1897, McKinley and three represen-tatives of the government of the Republic ofHawaii—Lorrin Thurston, Francis Hatch,and William Kinney—signed a treaty of an-nexation. President McKinley then submit-ted the treaty to the U.S. Senate forratification.

The Hui Aloha Aina for Women and theHui Aloha Aina for Men now organized amass petition drive. They hoped that if theU.S. government realized that the majority ofnative Hawaiian citizens opposed annexa-tion, the move to annex Hawaii would bestopped. Between September 11 and October2, 1897, the two groups collected petition sig-natures at public meetings held on each ofthe five principal islands of Hawaii. The pe-tition, clearly marked “Petition Against An-nexation” and written in both the Hawaiianand English languages, was signed by 21,269native Hawaiian people, or more than halfthe 39,000 native Hawaiians and mixed-blood persons reported by the HawaiianCommission census for the same year.

Four delegates, James Kaulia, DavidKalauokalani, John Richardson, and WilliamAuld, arrived in Washington, D.C. on De-cember 6 with the 556-page petition inhand. That day, as they met with Queen Lil-i’uokalani, who was already in Washingtonlobbying against annexation, the second ses-sion of the 55th Congress opened. The del-egates and Lili’uokalani planned a strategy topresent the petition to the Senate.

The delegation and Lili’uokalani metSenator George Hoar, chairman of the Sen-ate Committee on Foreign Relations on thefollowing day, and on December 9, with thedelegates present, Senator Hoar read the textof the petition to the Senate. It was formallyaccepted. The next day the delegates metwith Secretary of State John Sherman andsubmitted a formal statement protesting the

annexation to him. In the following days, thedelegates met with many senators, voicingopposition to the annexation. By the time thedelegates left Washington on February 27,1898, there were only 46 senators willing tovote for annexation. The treaty was defeatedin the Senate.

Other events brought the subject of an-nexation up again immediately. On February15, 1898, the U.S. Battleship Maine wasblown up in Havana harbor in Cuba. Theensuing Spanish-American War, part ofwhich was fought in the Philippine Islands,established the strategic value of the Hawai-ian islands as a mid–Pacific fueling stationand naval installation. The pro-annexationforces in Congress submitted a proposal toannex the Hawaiian islands by joint resolu-tion, which required only a simple majorityvote in both houses. This eliminated the 2⁄3majority needed to ratify a treaty, and by re-sult, the necessary support in place. HouseJoint Resolution 259, 55th Congress, 2ndsession, known as the “Newlands Resolu-tion,” passed Congress and was signed intolaw by President McKinley on July 7, 1898.

Once annexed by the United States, theHawaiian islands remained a U.S. territoryuntil 1959, when they were admitted to state-hood as the 50th state. The story of the an-nexation is a story of conflicting goals as thewhite businessmen struggled to obtain favor-able trade conditions and native Hawaiianssought to protect their cultural heritage andmaintain a national identity. The 1897 Peti-tion by the Hawaiian Patriotic League standsas evidence that the native Hawaiian peopleobjected to annexation, but because theinterests of the businessmen won out, overthe coming decades most historians whowrote the history of Hawaii emphasizedevents as told by the Provisional Governmentand largely neglected the struggle of the Na-tive Hawaiians. Today, there is a growingmovement on the Islands to revive interest in the native Hawaiian language and cul-ture. Primary sources such as this petition

206 IV. TERRITORY

bear witness that there is another side to thestory.

The Document

Hawaii Resolution 1

To Provide for Annexing the Hawaiian Is-lands to the United States.

Whereas the Government of the Repub-lic of Hawaii having, in due form, signifiedits consent, in the manner provided by itsconstitution, to cede absolutely and withoutreserve to the United States of America allrights of sovereignty of whatsoever kind inand over the Hawaiian Islands and their de-pendencies, and also to cede and transfer tothe United States the absolute fee and own-ership of all public, Government, or Crownlands, public buildings or edifices, ports, har-bors, military equipment, and all other pub-lic property of every kind and description be-longing to the Government of the HawaiianIslands, together with every right and appur-tenance thereunto appertaining; Therefore

Resolved by the Senate and House of Rep-

resentatives of the United States of America in

Congress Assembled, That said cession is ac-cepted, ratified, and confirmed, and that thesaid Hawaiian Islands and their dependenciesbe, and they are hereby, annexed as a part ofthe territory of the United States and are sub-ject to the sovereign dominion thereof, andthat all and singular the property and rightshereinbefore mentioned are vested in theUnited States of America.

The existing laws of the United Statesrelative to public lands shall not apply to suchlands in the Hawaiian Islands; but the Con-gress of the United States shall enact speciallaws for their management and disposition:Provided, That all revenue from or proceedsof the same, except as regards such partthereof as may be used or occupied for thecivil, military, or naval purposes of the UnitedStates, or may be assigned for the use of the

local government, shall be used solely for thebenefit of the inhabitants of the Hawaiian Is-lands for educational and other public pur-poses.

Until Congress shall provide for thegovernment of such islands all the civil, ju-dicial, and military powers exercised by theofficers of the existing government in said is-lands shall be vested in such person or per-sons and shall be exercised in such manner asthe President of the United States shall direct;and the President shall have the power to re-move said officers and fill the vacancies so oc-casioned.

The existing treaties of the Hawaiian Is-lands with foreign nations shall forthwithcease and determine, being replaced by suchtreaties as may exist, or as may be hereafterconcluded, between the United States andsuch foreign nations. The municipal legisla-tion of the Hawaiian Islands, not enacted forthe fulfillment of the treaties so extinguished,and not inconsistent with this joint resolu-tion nor contrary to the Constitution of theUnited States nor to any existing treaty ofthe United States, shall remain in force untilthe Congress of the United States shall oth-erwise determine.

Until legislation shall be enacted ex-tending the United States customs laws andregulations to the Hawaiian Islands the exist-ing customs relations of the Hawaiian Islandswith the United States and other countriesshall remain unchanged.

The public debt of the Republic ofHawaii, lawfully existing at the date of thepassage of this joint resolution, including theamounts due to depositors in the HawaiianPostal Savings Bank, is hereby assumed bythe Government of the United States; but theliability of the United States in this regardshall in no case exceed four million dollars.So long, however, as the existing Govern-ment and the present commercial relationsof the Hawaiian Islands are continued ashereinbefore provided said Government shallcontinue to pay the interest on said debt.

28. Hawaii Resolution 207

There shall be no further immigrationof Chinese into the Hawaiian Islands, exceptupon such conditions as are now or mayhereafter be allowed by the laws of the UnitedStates; no Chinese, by reason of anythingherein contained, shall be allowed to enterthe United States from the Hawaiian Islands.

The President shall appoint five com-missioners, at least two of whom shall be res-idents of the Hawaiian Islands, who shall, assoon as reasonably practicable, recommendto Congress such legislation concerning theHawaiian Islands as they shall deem necessaryor proper.

SEC. 2. That the commissioners here-inbefore provided for shall be appointed bythe President, by and with the advice andconsent of the Senate.

SEC. 3. That the sum of one hundredthousand dollars, or so much thereof as maybe necessary; is hereby appropriated, out ofany money in the Treasury not otherwise ap-propriated, and to be immediately available,

to be expended at the discretion of the Pres-ident of the United States of America, for thepurpose of carrying this joint resolution intoeffect.

SEREXO E. PAYNE,Speaker of the House of Representatives Pro Tempore.GARRETT A. HOBART,Vice-President of the United States and President of the Senate.

Approved July 7th, 1898.

WILLIAM McKINLEY.President

NOTE

1. This is Resolution No. 55, known as the “NewlandsResolution,” 2nd Session, 55TH Congress, July 7, 1898.During the period between annexation and the establish-ment of Territorial government, June 14, 1900, the rela-tions between Hawaii and the United States remained prac-tically unchanged. The laws of Hawaii continued in force,and the constitution and laws of the United States in gen-eral did not extend to Hawaii, except as otherwise pro-vided by the resolution.

208 IV. TERRITORY

Senator Warner is a special friend. Hehas introduced me to the United States Sen-ate for confirmation four times. The firsttime was more than 20 years ago. And thatdates us both. He is a great Virginian, a greatAmerican, and we will certainly all miss himwhen he brings his remarkable career in pub-lic service to a close next year.

I want to thank Justice Sandra DayO’Connor, one of the most distinguished ju-rists and public servants in America, forinviting me today. It was Justice O’Connorwho administered my oath of office as Direc-tor of Central Intelligence in 1991. And lastyear we served together on the Baker-Hamil-ton Commission. Little did I know that mysojourn to Iraq a little over a year ago withthe group would be only the first of manysuch visits for me.

Justice O’Connor and I share somethingelse in common—a love of the College ofWilliam and Mary, where she is currently thechancellor. And of course, it was a specialpleasure to see her four months ago when Ihad the honor of giving the commencementaddress at my alma mater. Attending collegehere in Williamsburg shaped my love of his-tory and my belief that public service is avital component of a working democracy—and of a meaningful life.

This setting is fitting for my topictoday: a “realist’s” view of promoting democ-racy abroad.

I had quite a reputation as a pessimistwhen I was in the intelligence business. Ajournalist once described me as the Eeyore ofnational security—able to find the darkestcloud in any silver lining. I used to joke thatwhen an intelligence officer smelled the flow-ers, he’d look around for the coffin. Today, asone looks around the world—wars in Iraqand Afghanistan, an ambitious and fanaticaltheocracy in Iran, a nuclear North Korea, ter-rorism, and more—there would seem to beample grounds to be gloomy.

But there is a different perspective if westep back and look at the world through awider lens—a perspective that shows a dra-matic growth in human freedom and democ-racy in just the time since this fall’s collegefreshmen were born. Since 1989, hundredsof millions of people — from Eastern andCentral Europe and the former Soviet Union,to South Africa, Afghanistan, Iraq, and else-where—have been liberated: they have leftthe darkness of despotism and walked intothe bright sunshine of freedom.

Many have seized the opportunity, andfreedom has prospered and strengthened;others liberated from the yoke of tyrannical

SECTION V: THE FUTURE

CHAPTER 29

The Future of Democracy

Robert M. Gates

209

*This chapter is based on a speech given by Robert M. Gates at the World Forum on the Future of Democracy heldin Williamsburg, VA, on September 17, 2007. The entire speech is available on the U.S. Department of Defensewebsite (http://www.defenselink.mil/).

ideologies or dictators continue to struggleto fully realize the dream. At no time in his-tory, though, has freedom come to so manyin so short a time. And in every case, theUnited States, overtly or covertly, in largeways or small, played a role in their libera-tion.

Still, we Americans continue to wrestlewith the appropriate role this country shouldplay in advancing freedom and democracy inthe world. It was a source of friction throughthe entire Cold War. In truth, it has been apersistent question for this country through-out our history: How should we incorporateAmerica’s democratic ideals and aspirationsinto our relations with the rest of the world?And in particular, when to, and whether totry to change the way other nations governthemselves? Should America’s mission tomake the world “safe for democracy,” asWoodrow Wilson said, or, in the words ofJohn Quincy Adams, should America be “thewell-wisher of freedom and independence ofall” but the “champion and indicator only ofour own”?

During my time today, I’d like to putthis question and its associated debates insome historical context—a context I hopemight help inform the difficult policy choicesour nation faces today.

Let me first speak to geography—thisplace we are in.

It is a strange quirk of history that abackwoods outpost in an unexplored cornerof America would hold in it the seeds of aglobal movement toward liberty and self-governance—toward the democratic institu-tions that underpin the free nations of theworld and give hope to countless people inmany others.

So much of what defines America firsttook root here in Virginia along the banks ofthe James River. When you think about it,the initial impetus for these institutions owedas much to the struggle for survival as to any-thing else. The challenges were myriad: alongwith disease, hunger, and war, the settlers

faced no small number of divisions and dis-cord. Four hundred years removed fromthose early days, it is all too easy to forgetabout these stormy beginnings.

The revolution that brought about thisnation was similarly chaotic. As my distin-guished William and Mary classmate, thehistorian Joe Ellis, wrote in his book, Found-

ing Brothers, “No one present at the startknew how it would turn out in the end.What in retrospect has the look of a foreor-dained unfolding of God’s will was in realityan improvisational affair in which sheerchance, pure luck—both good and bad—and specific decisions made in the crucible ofspecific military and political crises deter-mined the outcome.” Ellis further wrote “thereal drama of the American Revolution ...was its inherent messiness. This ... excitingbut terrifying sense that all the major play-ers had at the time—namely, that they weremaking it up as they went along, improvis-ing on the edge of catastrophe.” We would dowell to be mindful of the turbulence of ourown early history as we contemplate the chal-lenges facing contemporary fledgling democ-racies struggling to find their footing.

When I retired from government in1993, it seemed that the success and spreadof democracy was inexorable, a foregone con-clusion—that with the collapse of the SovietUnion, the evolution of political systems hadreached, in the words of one scholar at thetime, the “end of history.” But the relativecalm in the immediate aftermath of the ColdWar served only to mask new threats to thesecurity of democratic nations: ethnic con-flicts, new genocides, the proliferation ofweapons of mass destruction—especially byrogue states and, above all, a new, more for-midable, and more malignant form of terror-ism embraced by Islamic extremists.

These new threats, and in particular, theconflicts in Iraq and Afghanistan, and thewider challenge of dealing with radical ji-hadist movements since September 11th, onceagain have people talking about the compet-

210 V. THE FUTURE

ing impulses in U.S. foreign policy: realismversus idealism, freedom versus security, val-ues versus interests.

This is not a new debate. Not long afterwinning our own independence, the U.S. wasfaced with how to respond to the FrenchRevolution — an issue that consumed thepolitics of the country during the 1790s. Theissue was whether to support the revolution-ary government and its war against an al-liance of European monarchies led by GreatBritain. To many, like Thomas Jefferson, theFrench Revolution, with its stated ideals ofliberty, equality, and fraternity, seemed a nat-ural successor to our own. Jefferson wrotethat “this ball of liberty, I believe most pi-ously, is now so well in motion that it will rollround the globe.”

John Adams and the Federalists, how-ever, were just as adamantly opposed. Theywere appalled by the revolution’s excesses andfeared the spread of violent French radical-ism to our shores. In fact, they accused theJeffersonians of being “pimps of France,” who“represented cutthroats who walk in rags.”The Federalists mocked Jefferson for hisrhetorical defense of freedom and equalityacross the Atlantic while he continued to ownslaves. Adams and Alexander Hamilton were,in turn, accused of being crypto-monar-chists.

It was left to President George Wash-ington to resolve the matter. He had saidthat: “My best wishes are irresistibly excitedwhensoever, in any country, I see an op-pressed nation unfurl the banners of free-dom.” But the European wars and, in partic-ular, our estrangement from the British, hadbegun to disrupt the lives of ordinary Amer-icans by impeding trade and causing riotsand refugees. Washington, understanding thefragility of America’s position at the time,adopted a neutrality policy towards Franceand would go on to make a peace treaty withGreat Britain — sparking massive protestsand accusations of selling out the spirit of1776.

Consider the great historic irony: TheUnited States had recently broken free of theBritish monarchy only with the help of anabsolutist French king. Yet when France it-self turned in the direction of popular ruleand was confronted by Europe’s monarchies,the United States took a pass and madeamends with our old British foe.

In short, from our earliest days, Amer-ica’s leaders have struggled with “realistic”versus “idealistic” approaches to the interna-tional challenges facing us. The most suc-cessful leaders, starting with Washington,have steadfastly encouraged the spread of lib-erty, democracy, and human rights. At thesame time, however, they have fashionedpolicies blending different approaches withdifferent emphases in different places and dif-ferent times.

Over the last century, we have alliedwith tyrants to defeat other tyrants. We havesustained diplomatic relations with govern-ments even as we supported those attempt-ing their overthrow.

We have at times made human rightsthe centerpiece of our national strategy evenas we did business with some of the worst vi-olators of human rights. We have workedwith authoritarian governments to advanceour own security interests even while urgingthem to reform.

We have used our military to eliminategovernments seen as a threat to our nationalsecurity, to undo aggression, to end ethnicslaughter, and to prevent chaos. In recenttimes, we have done this in Grenada, Panama,Kuwait, the Balkans, Haiti, Afghanistan, andIraq. In the process, we have brought the pos-sibility of democracy and freedom to tens ofmillions more who had been oppressed orwere suffering.

To win and protect our own freedom,the United States has made common causewith countries that were far from free—fromLouis XVI, to one of history’s true monsters,Joseph Stalin. Without the one there is noAmerican independence. Without the other,

29. The Future of Democracy 211

no end to the Third Reich. It is neitherhypocrisy nor cynicism to believe fervently infreedom while adopting different approachesto advancing freedom at different times alongthe way — including temporarily makingcommon cause with despots to defeat greateror more urgent threats to our freedom or in-terests.

The consuming goal for most of myprofessional life was containing the threat ofthe Soviet Union and seeing a Europe madewhole and free. For most of the Cold War,the ideal surely seemed distant, even un-reachable. One prominent columnist wrotein Time magazine in 1982 that “it would bewishful thinking to predict that internationalCommunism someday will either self-de-struct or so exhaust itself.”

During that struggle, as for most of ourhistory, inspiring presidential rhetoric aboutfreedom, along with many firm stands forhuman rights and self-determination, had tocoexist with often grubby compromises andmarriages of convenience that were necessaryto stave off the Evil Empire.

But the Western democracies—joinedas the Atlantic Alliance—came together toget the big things right. The democracies’shared belief in political and economic free-dom and religious tolerance was the glue thatheld us fast despite the many quarrels alongthe way.

President Bush said in his second inau-gural address, “[I]t is the policy of the UnitedStates to seek and support the growth ofdemocratic movements and institutions inevery nation and culture, with the ultimategoal of ending tyranny in our world.”

When we discuss openly our desire fordemocratic values to take hold across theglobe, we are describing a world that may bemany years or decades off. Though achieve-ment of the ideal may be limited by time,space, resources, or human nature, we mustnot allow ourselves to discard or disparagethe ideal itself. It is vital that we speak outabout what we believe and let the world

know where we stand. It is vital that we givehope and aid to those who seek freedom.

I still remember working on the advanceteam for President Ford when he attendedthe Helsinki conference in 1975. Many crit-ics were opposed to America’s participation,since they believed that the accords did littlebut ratify the Soviet Union’s takings in East-ern and Central Europe. The treaty’s provi-sions on human rights were disparaged as lit-tle more than window dressing. However, theconference and treaty represent another ofhistory’s ironies. The Soviets demanded theconference for decades, finally got it, and ithelped destroy them from the inside. We “re-alists” opposed holding the conference fordecades, and attended grudgingly. We werewrong. For the meeting played a key role inour winning the Cold War.

Why? Because the human-rights provi-sions of the treaty made a moral statementwhose significance was not lost on the dissi-dents behind the Iron Curtain. Helsinki be-came a spur for action, a rallying cry to fighttyranny from within and plant democracy inits place.

Vaclav Havel later said that the accordswere a “shield, a chance to resist coercion andmake it more difficult for the forces of coer-cion to retaliate.” Lech Walesa called it aturning point “on the road to change inGdansk.”

President Carter’s promotion of thespirit of Helsinki—his elevation of humanrights—for the first time in the Cold Wardenied the Soviet Union the respect and thelegitimacy it craved. Ronald Reagan’s muscu-lar words—labeling the U.S.S.R. the “EvilEmpire” and demanding that Mr. Gorbachevtear down that wall — combined with hismuscular defense policies hastened the im-plosion of the Soviet system.

Did these policies reflect hard-edged re-alism or lofty idealism? Both, actually. Werethey implemented to defend our interests orto spread our democratic values? Again, both.

An underlying theme of American his-

212 V. THE FUTURE

tory is that we are compelled to defend oursecurity and our interests in ways that, in thelong run, lead to the spread of democraticvalues and institutions.

Since September 11th, these questions,contradictions, and dilemmas have taken onnew urgency and presented new challengesfor decision-makers, especially in an infor-mation age where every flaw and inconsis-tency—in words or deeds—is highlighted,magnified, and disseminated around theglobe.

And, as with the Cold War, every actionwe take sends a signal about the depth of ourstrength and resolve. For our friends and al-lies, as well as our enemies and potential ad-versaries, our commitment to democratic val-ues must be matched by actions.

Consider Afghanistan. The democraciesof the West and our partners are united in thedesire to see stability and decent governmenttake hold in a land that was not only AlQueda’s base of operation, but also home toone of the most oppressive governments inthe world. And yet, though there is littledoubt about the justness, necessity, and legit-imacy of the Afghanistan mission, eventhough we agree that democracy is key to en-during stability there, many Allies are reluc-tant to provide the necessary resources andput their men and women in the line of fire.

Afghanistan is, in a very real sense, a lit-mus test of whether an alliance of advanceddemocracies can still make sacrifices and meetcommitments to advance democracy. Itwould be a mark of shame on all of us if analliance built on the foundation of demo-cratic values were to falter at the very mo-ment that it tries to lay that foundation fordemocracy elsewhere—especially in a mis-sion that is crucial to our own security.

Likewise, for America to leave Iraq andthe Middle East in chaos would betray anddemoralize our allies there and in the region,while emboldening our most dangerous ad-versaries. To abandon an Iraq where just twoyears ago 12 million people quite literally

risked their lives to vote for a constitutionaldemocracy would be an offense to our inter-ests as well as our values, a setback for thecause of freedom as well as the goal of stabil-ity.

Americans have never been a patientpeople. Today, we look at Russia, China,Afghanistan, Iraq, and others—and wonderat their excruciatingly slow progress towarddemocratic institutions and the rule of law.

The eminent French historian HeleneCarrere d’Encausse wrote in 1992: “Reforms,when they go against the political traditionsof the centuries, cannot be imposed in ahurry merely by enshrining them in the law.It takes time, and generally they are accom-panied by violence.” She added: “Reformsthat challenge centuries of social relationsbased on ... the exclusion of the majority ofsociety from the political process, are tooprofound to be readily accepted by those whohave to pay the price of reform, even if theyare seen to be indispensible. Reforms needtime to develop ... It is this time that reform-ers have often lacked.”

For more than 60 years, from Germanyand Japan to South Korea, the Balkans,Haiti, Afghanistan, and Iraq, we and our al-lies have provided reformers — those whoseek a free and democratic society — withtime for their efforts to take hold. We mustbe realists and recognize that the institutionsthat underpin an enduring free society canonly take root over time.

It is our country’s tragedy, and our glory,that the tender shoots of freedom around theworld for so many decades have been so oftennourished with American blood. The spreadof liberty both manifests our ideals and pro-tects our interests — in making the world“safe for democracy,” we are also the “cham-pion and vindicator” of our own. In reality,Wilson and Adams must coexist.

Throughout more than two centuries,the United States has made its share of mis-takes. From time to time, we have strayedfrom our ideals and have been arrogant in

29. The Future of Democracy 213

dealing with others. Yet, what has brought ustogether with our democratic allies is a sharedbelief that the future of democracy and itsspread is worth our enduring labors andsacrifices—reflecting both our interests andour ideals.

I would like to close by returning to thiscorner of Virginia. In September 1796,shortly before George Washington left office,he addressed in his farewell statement anAmerican people who had passed throughthe dangerous fires of war and revolution toform a union that was far from “perfect,” butwas a historic accomplishment nonetheless.He told them: “You have, in common cause,

fought and triumphed together; the inde-pendence and liberty you possess are thework of joint councils and joint efforts, ofcommon dangers, sufferings, and successes.”

In this historic place, among old friendsand new, let us take time to reflect on thecommon causes in which we have fought andtriumphed together—to protect our own lib-erty, and to extend its blessings to others. Aswe prepare for the challenges ahead, let usnever forget that together we will face com-mon dangers, sufferings, and successes—butwith confidence that, together, we will con-tinue to protect that tender shoot of libertyfirst planted in this place so long ago.

214 V. THE FUTURE

At the time this was written, Robert M. Gates was Secretary of Defense, Defense Department, U.S. Govern-ment, Washington, D.C. He was originally appointed by President Bush, and was asked to reman in this po-sition by President Obama.

A. Original Thirteen British Colonies(listed by name of colony, year founded, and person or group who founded it)

Virginia 1607 Settlers from the Virginia Company, located in London, England.

Massachusetts 1620 Pilgrims and Puritans, for their own religious and personal freedom.

New Hampshire 1623 English colonists who had a land grant from England.

New York 1626 Dutch, for trading purposes; the English assumed control in 1664.

Maryland 1632 Lord Baltimore, as a safe place for people of the Catholic faith.

Rhode Island 1636 Roger Williams, who was banished from the Colony of Massachusetts forreligious reasons.

Connecticut 1636 Thomas Hooker, who led a group from the Colony of Massachusetts.

Delaware 1638 Swedish, then Dutch; the English were given the land in 1664.

North Carolina 1653 Settlers from the Colony of Virginia, many of whom wanted morereligious freedom.

South Carolina 1663 British and French for the purpose of religious freedom.

New Jersey 1674 Dutch, Swedish, and Englishmen were granted land by the Duke of York, who was given the land by the English government.

Pennsylvania 1681 William Penn, as a haven for Quakers, also known as the Society ofFriends at the time.

Georgia 1732 James Oglethorpe was given the property by George II, the King of Great Britain, for whom the colony was named.

NOTE

For additional information concerning this subject, and related information, please refer to the United Kingdom Parlia-mentary Archives and the U.S. National Archives and Records Administration, which are listed in the National Resource Di-rectory section of this volume.

AppendicesContaining A. Original Thirteen Biritish Colonies; B. States and Their Dates of Admission tothe Union; C. Presidents of the United States; D. Formal Declarations of War by the United States;E. Number of Governmental Units in the United States; F. United States Voting Rights History;G. Major Cases in Supreme Court History; H. Local Government Historical Document; I. Ab-breviations and Acronyms; J. Glossary; K. State Library Resource Directory; L. National ResourceDirectory

215

B. States and Their Dates of Admission to the Union

(listed by rank of admittance, name of state, and date admitted)

1 Delaware Dec. 7, 1787 26 Michigan Jan. 26, 18372 Pennsylvania Dec. 12, 1787 27 Florida March 3, 18453 New Jersey Dec. 18, 1787 28 Texas Dec. 29, 18454 Georgia Jan. 2, 1788 29 Iowa Dec. 28, 18465 Connecticut Jan. 9, 1788 30 Wisconsin May 26, 18486 Massachusetts Feb. 6, 1788 31 California Sept. 9, 18507 Maryland April 28, 1788 32 Minnesota May 11, 18588 South Carolina May 23, 1788 33 Oregon Feb. 14, 18599 New Hampshire June 21, 1788 34 Kansas Jan. 29, 1861

10 Virginia June 25, 1788 35 West Virginia June 20, 186311 New York July 26, 1788 36 Nevada October 31, 186412 North Carolina Nov. 21, 1789 37 Nebraska March 1, 186713 Rhode Island May 29, 1790 38 Colorado Aug. 1, 187614 Vermont March 4, 1791 39 North Dakota Nov. 2, 188915 Kentucky June 1, 1792 40 South Dakota Nov. 2, 188916 Tennessee June 1, 1796 41 Montana Nov. 8, 188917 Ohio March 1, 1803 42 Washington Nov. 11, 188918 Louisiana April 30, 1812 43 Idaho July 3, 189019 Indiana Dec. 11, 1816 44 Wyoming July 10, 189020 Mississippi Dec. 10, 1817 45 Utah Jan. 4, 189621 Illinois Dec. 3, 1818 46 Oklahoma Nov. 16, 190722 Alabama Dec. 14, 1819 47 New Mexico Jan. 6, 191223 Maine March 15, 1820 48 Arizona Feb. 14, 191224 Missouri Aug. 10, 1821 49 Alaska Jan. 3, 195925 Arkansas June 15, 1836 50 Hawaii Aug. 21, 1959

C. Presidents of the United States

(listed by name of president, years served, and party affiliation)

George Washington, 1789–1797, Federalist James A. Garfield, 1881, RepublicanJohn Adams, 1797–1801, Federalist Chester A. Arthur, 1881–1885, RepublicanThomas Jefferson, 1801–1809, Dem.-Rep. Grover Cleveland, 1885–1889, DemocraticJames Madison, 1809–1817, Dem.-Rep. Benjamin Harrison, 1889–1893, RepublicanJames Monroe, 1817–1825, Dem.-Rep. Grover Cleveland, 1893–1897, DemocraticJohn Quincy Adams, 1825–1829, Dem.-Rep. William McKinley, 1897–1901, RepublicanAndrew Jackson, 1829–1837, Democratic Theodore Roosevelt, 1901–1909, RepublicanMartin Van Buren, 1837–1841, Democratic William H. Taft, 1909–1913, RepublicanWilliam H. Harrison, 1841, Whig Woodrow Wilson, 1913–1921, DemocraticJohn Tyler, 1841–1845, Whig Warren G. Harding, 1921–1923, RepublicanJames K. Polk, 1845–1849, Democratic Calvin Coolidge, 1923–1929, RepublicanZachary Taylor, 1849–1850, Whig Herbert C. Hoover, 1929–1933, RepublicanMillard Fillmore, 1850–1853, Whig Franklin D. Roosevelt, 1933–1945, DemocraticFranklin Pierce, 1853–1857, Democratic Harry S Truman, 1945–1953, DemocraticJames Buchanan, 1857–1861, Democratic Dwight D. Eisenhower, 1953–1961, RepublicanAbraham Lincoln, 1861–1865, Republican John F. Kennedy, 1961–1963, DemocraticAndrew Johnson, 1865–1869, Dem. (Unionist) Lyndon B. Johnson, 1963–1969, DemocraticUlysses S. Grant, 1869–1877, Republican Richard M. Nixon, 1969–1974, RepublicanRutherford B. Hayes, 1877–1881, Republican Gerald R. Ford, 1974–1977, Republican

216 APPENDICES B AND C

James Earl Carter, 1977–1981, Democratic William J. Clinton, 1993–2001, DemocraticRonald Reagan, 1981–1989, Republican George W. Bush, 2001–2009, RepublicanGeorge H.W. Bush, 1989–1993, Republican Barack Obama, 2009-present, Democratic

D. Formal Declarations of War by the United States(listed by name of war, opponents, date authorized, president, and concluding document)

War of 1812 British Empire June 18, 1812 Madison Treaty of Ghent (Dec. 24, 1814)

Mexican- Mexico May 11, 1846 Polk Treaty of Guadalupe HildalgoAmerican (Feb. 2, 1848)War

Spanish- Spain April 24, 1898 McKinley Treaty of Paris (Dec. 10, 1898)AmericanWar

World War I Germany April 6, 1917 Wilson Treaty of Berlin (Aug. 25, 1921)

Austria-Hungary Dec. 7, 1917 Treaty of Trianon (in part)

World War II Japan Dec. 8, 1941 Treaty of San Francisco (Sept. 8, 1951)

Germany Dec. 11, 1941 F. Roosevelt, Treaty on the Final Settlement withTruman Respect to Germany (Sept. 12, 1990),

Treaty of Vienna with Austria (May 15, 1955)

Italy June 5, 1942 Paris Peace Treaty (Feb. 10, 1947)BulgariaHungaryRomania

NOTE

For additional information concerning this subject, and related information, please refer to the U.S. National Archivesand Records Administration, which are listed in the National Resource Directory section of this volume.

E. Number of Governmental Units in the United States

Federal and State Governments

Type of Government 1962 2007 Increase/(Decrease)

U.S. Government 1 1 -0-State Governments 50 50 -0-

Subtotal 51 51 -0-

Local Governments

County 3,043 3,033 (10)Municipal 18,000 19,492 1,492Township and Town 17,142 16,519 (623)School District 34,678 13,051 (21,627)Special District 18,323 37,381 19,058

Subtotal 91,186 89,476 (1,710)

Grand Total 91,237 89,527 (1,710)

Appendices D and E 217

NOTE

For additional information concerning this document, and related information, please refer to the U.S. Bureau of theCensus, which is listed in the National Resource Directory section of this volume.

F. United States Voting Rights History(Year, Legislation, Impact)

1776 Declaration of Independence Right to vote during the Colonial and Revolutionary periods is restricted to property owners.

1787 United States Constitution States are given the power to regulate their own voting rights.

1856 State Legislation North Carolina is the last state to remove property ownership as a requirement for voting.

1868 14th Amendment to the Citizenship is granted to all former slaves. Voters are still definedU.S. Constitution as male. Voting regulations are still a right of the states.

1870 15th Amendment to the It is now law that the right to vote cannot be denied by the U.S. Constitution federal or state governments based on race.

1887 Daws Act Citizenship is granted to Native Americans who give up their tribal affiliations.

1890 State Constitution Wyoming is admitted to statehood and becomes the first state tolegislate voting rights for women in its state constitution.

1913 17th Amendment to the New law that allows citizens to vote for members of the U.S. U.S. Constitution Senate, instead of the past practice of having them elected

by State Legislatures.

1915 U.S. Supreme The U.S. Supreme Court outlawed, in Guinn v. United StatesCourt Decision (Oklahoma), literacy tests for federal elections. The court

ruled that this practice was in violation of the 15th Amend-ment to the U.S. Constitution.

1920 19th Amendment to the Women were given the right to vote in both state and federal U.S. Constitution elections.

1924 Indian Citizenship Act This law granted all Native Americans the rights of citizenship, including the right to vote in federal elections.

1944 U.S. Supreme The U.S. Supreme Court outlawed, in Smith v. Allright (Texas),Court Decision “white primaries” in Texas and other States. The court ruled

that this practice was in violation of the 15th Amendment to the U.S. Constitution.

1957 Civil Rights Act The first law to implement the 15th Amendment to the U.S. Constitution is passed. This law established the Civil RightsCommission, which formally investigates complaints of voter discrimination made by citizens.

1960 U.S. Supreme The U.S. Supreme Court, in Gomillion v. Lightfoot (Alabama), Court Decision outlawed the use of “gerrymandering” in election practices.

This practice includes boundary determination (or redistricting) changes being made for electoral advantage.

1961 23rd Amendment to the Citizens of Washington, DC, are given the right to vote in U.S. Constitution presidential elections.

1964 24th Amendment to the The right for citizens to vote in federal elections cannot be U.S. Constitution denied for failure to pay a poll tax.

218 APPENDIX F

1965 Voting Rights Act This law forbids states from imposing discriminatory restrictionson the voting rights of citizens, and provides mechanisms to the federal government for the enforcement of this law. This act was expanded and renewed in 1970, 1975, 1982, and 2006.

1966 U.S. Supreme The U.S. Supreme Court, in Harper v. Virginia Board of Court Decision Education (Virginia), eliminated the poll tax as a qualification

for voting in any election. This practice was found to be in violation of the 24th Amendment to the U.S. Constitution.

1966 U.S. Supreme The U.S. Supreme Court, in South Carolina v. KatzenbachCourt Decision (South Carolina), upheld the legality of the Voting Rights

Act of 1965.

1970 U.S. Supreme The U.S. Supreme Court, in Oregon v. Mitchell (Oregon), Court Decision upheld the ban on the use of literacy tests as a requirement

for voting. This ban was made permanent in the 1975 amendment to the Voting Rights Act.

1971 26th Amendment to the The national legal voting age is reduced from 21 years old to 18 U.S. Constitution years old.

1972 U.S. Supreme The U.S. Supreme Court, in Dunn v. Blumstein (Tennessee),Court Decision ruled that lengthy residency requirements for voting in state

and local elections are unconstitutional, and suggested a 30-day residency period as being adequate.

1975 Amendments to the Mandated that certain voting materials must be printed in Voting Rights Act languages besides English so that people who do not read

English can participate in the voting process.

1993 National Voter Attempts to increase the number of eligible citizens who registerRegistration Act to vote by making registration available at each state’s

Department of Motor Vehicles, as well as public assistanceand disability agencies.

2002 Help America Vote Act Law requires that states comply with federal mandates for provisional ballots; disability access; centralized, computer-ized voting lists; electronic voting; and the requirement that first-time voters present identification before they can vote.

2003 Federal Voting Standards Requires all states to streamline their voter registration process, and Procedures Act voting practices, and election procedures.

NOTE

For additional information concerning these documents, and related information, please refer to the Federal Election Com-mission, which is listed in the National Resource Directory section of this volume.

G. Major Cases in Supreme Court History(listed by name of court case, year decided, and legal impact)

Appendix G 219

Marbury v. Madison, 1803“A law repugnant to the Constitution is void.”

With these words, Chief Justice John Marshallestablished the Supreme Court’s role in the new

government. Hereafter, the Court was recognizedas having the power to review all acts of Congresswhere constitutionality was at issue, and judgewhether they abide by the Constitution.

McCulloch v. Maryland, 1819“Let the end be legitimate ... and all means which are ...consistent with the letter and spirit of the Constitution, areconstitutional.”

Chief Justice Marshall invoked this phrase toestablish the right of Congress to pass laws that are“necessary and proper” to conduct the business ofthe U.S. government. Here, the court upheldCongress’ power to create a national bank.

Gibbons v. Ogden, 1824When a federal and state law are in conflict, the federallaw is supreme.

Congress and New York had both passed lawsregulating the steamboat industry. Gibbons hada federal permit for a steamboat business; Ogdenhad a state permit for the same waters. Sidingwith Gibbons, the Court said that, in matters ofinterstate commerce, the “Supremacy Clause” tilts the balance of power in favor of federal leg-islation.

Charles River Bridge, 1837The responsibility of government is to “sacredly guard” therights of property for the prosperity of the community.

The Charles River Bridge was erected in 1785by Harvard College and some prominent Bosto-nians under a legal charter granted by the state ofMassachusetts. The legislature granted a charterto the Warren Bridge Company in 1828 becausea new bridge was badly needed. It was to be freeof tolls once construction costs were covered. Theproprietors of the Charles River Bridge were afraidthat the new bridge would destroy the value oftheir stock and tried to block the construction ofthe Warren Bridge. The case involved a conflictbetween established rights on one side and therights of the community on the other. The Courtruled that it had not entered into a bridge con-tract with the Charles River Bridge Company thatwould prohibit the building of a competitivebridge. Justice Roger B. Taney stated that therights of property must be “sacredly guarded,” thecommunity also has rights, and the responsibilityof all government is to promote the happiness andprosperity of the community.

Dred Scott v. Sandford, 1857“The Constitution does not consider slaves to be U.S. cit-izens. Rather, they are constitutionally protected propertyof their masters.”

Chief Justice Roger Taney authored this opin-ion—one of the most important and scorned inthe nation’s history. Dred Scott, a slave, hadmoved with his master to Illinois, a free state. He

moved again to a slave state, Missouri, and filedsuit to gain freedom, under that state’s law of“Once free, always free.” Taney held that Scotthad never been free at all, and cited Constitu-tional grounds for placing the slavery decision inthe hands of the states. In trying to put an end tothe slavery controversy, Taney instead sped thenation toward civil war. The decision was lateroverturned by the Thirteenth Amendment.

Munn v. Illinois, 1877Businesses that serve the public interest are subject to reg-ulation by state government.

The Illinois state legislature passed a law thatestablished the maximum rates that private com-panies could charge in storing or transportingagricultural products. In Chicago the company ofMunn and Scott was found guilty of breaking thelaw and the verdict was upheld on appeal beforethe Supreme Court. The appeal was heard alongwith seven other railroad cases that dealt with theviolation of the regulatory legislation passed bythe state of Illinois. The Court ruled that anybusiness that served the public interest was sub-ject to regulation by the state government. If therates were not satisfactory according to the own-ers of the companies, the complaints should betaken to the legislature and not to the courts.

Plessy v. Ferguson, 1896Jim Crow laws are constitutional under the doctrine of“Separate but Equal.”

Police arrested Homer Plessy for refusing toleave a railroad car that prohibited “colored” peo-ple. Under Louisiana law, Plessy was “colored”because he was one-eighth black. The court ruledthat the race-based “Jim Crow” laws did not vi-olate the Constitution as long as the states prof-fered separate but equal treatment.“The Constitution is color blind, and neither knows nortolerates classes among citizens.”

—Justice John Marshall Harlan, from the lonedissenting opinion in Plessy v. Ferguson

Lochner v. New York, 1905The Constitution bars a state from interfering with an em-ployee’s right to contract with an employer.

The above reasoning led to the “LochnerEra”—thirty-two years of wrangling between thecourt and legislatures. Lochner’s bakery violateda New York labor law. The court struck down thelaw, saying that the 14th Amendment’s DueProcess Clause barred states from regulating com-merce in this manner. This clause, the Court said,implied that individuals have a fundamental right

220 APPENDIX G

to contract with employers, and states cannot in-terfere with that right.

Schenck v. United States, 1919Speech that presents a “clear and present danger” to the se-curity of the United States is in violation of the principleof free speech as protected by the First Amendment to theConstitution.

During World War I (1918), Charles Schenckwas the general secretary of the Socialist Party,and was arrested for distributing literature dis-couraging young men from enlisting in the armedforces. The basis for his opposition to the draft orenlistment was the first clause of the ThirteenthAmendment which prohibited slavery or invol-untary servitude. Schenck appealed his convic-tion and the case went to the Supreme Court. Jus-tice Oliver Wendell Holmes stated that “thecharacter of every act depends upon the circum-stances in which it is done. The most stringentprotection of free speech would not protect a manin falsely shouting fire in a theatre and causing apanic. [The] question in every case is whether thewords used are used in such circumstances andare of such a nature as to create a clear and pres-ent danger that they will bring about the substan-tive evils that Congress has a right to protect.”Distributing the literature during peace timewould have been an entirely different matter, butin time of war Schenck’s actions, according to theCourt, presented a “clear and present danger” tothe security of the United States.

Near v. Minnesota, 1931“The liberty of the press ... is safeguarded from invasion bystate action.”

Although the First Amendment ensures a freepress, until this case, it only protected the pressfrom federal laws, not state laws. Minnesota shutdown J. M. Near’s Saturday Press for publishingvicious anti-Semitic and racist remarks. In whatis regarded as the landmark free press decision,the Court ruled a state cannot engage in “prior re-straint”; that is, with rare exceptions, it cannotstop a person from publishing or expressing athought.

West Coast Hotel v. Parrish, 1937“The switch in time that saved nine.”

F.D.R. rallied against the Court’s holdings inthe Lochner era. The Court struck down NewDeal Laws, designed to pull the country out of theDepression, on grounds that they interfered witha worker’s “right to contract.” F.D.R. pledged toexpand the Court and pack it with pro “New

Deal” members. In this case, the Court rejectedthe Lochner era decisions and said the govern-ment could regulate commerce.

Brown v. Board of Education, 1954“In the field of public education, the doctrine of ‘separatebut equal’ has no place.”

This unanimous decision marked the begin-ning of the end for the “Separate But Equal” erathat started with Plessy, and the start of a new pe-riod of American race relations. With Brown, de-segregation of public schools began—as did re-sistance to it. Ten contentious years later, the CivilRights Act of 1964 made racial equality a matterof federal law.

Mapp v. Ohio, 1961Evidence that is illegally obtained by the state may not beused against a defendant in court.

Until Mapp, only the federal government wasbarred from using illegally obtained evidence. Sowhen local police entered Dolly Mapp’s homewithout a search warrant and arrested her for pos-sessing obscene books, her conviction initiallystood. The Court overturned her conviction,however, and extended the constitutional rule toapply to the states and their subdivisions.“I know it when I see it.”

—Justice Potter Stewart’s definition of obscen-ity in Jacobellis v. Ohio, 1964

Baker v. Carr, 1962“One person, one vote.”

The above phrase was not authored until a yearafter Baker, but it has its philosophical roots here.In this case, a group of Tennessee voters sued thestate, claiming its voting districts diluted theirpolitical power. Until this point, the Court re-fused to decide this kind of case, leaving such“political questions” to the states. Baker, how-ever, held that the states must meet a consti-tutional standard for appointment: districts can-not be drawn in such a way that they violate the Equal Protection clause of the 14th Amend-ment.

Engel v. Vitale, 1962Public institutions (i.e., a school system) cannot requireprayer.

Lawrence Roth, an avowed atheist, objectedthat the Long Island, New York, School Systemwas forcing his two children to recite a 22-wordprayer at the beginning of the day. There were ac-tually four other parents involved in the suitagainst school board president William Vitale, Jr.

Appendix G 221

The Supreme Court ruled that although theprayer was non-sectarian and noncompulsory, “itis no part the business of government to composeofficial prayers.” Because New York provided theprayer, it indirectly approved religion and thatwas unconstitutional.

Gideon v. Wainwright, 1963Defendants in criminal cases have an absolute right tocounsel.

Too poor to afford a lawyer, Clarence EarlGideon was convicted for breaking into a pool-room—a felony crime in Florida. He appealed tothe Supreme Court, which ruled that the govern-ment must provide free counsel to accused crim-inals who cannot pay for it themselves. At first, theruling applied to felonies only. It was later ex-tended to cover any cases where the penalty wassix months imprisonment or longer.

New York Times Co. v. Sullivan, 1964To win a libel case, public figures must prove “actual mal-ice” on the part of the writer.

In 1964, the Times published an ad critical ofan elected commissioner of an Alabama city. Thecommissioner sued for libel and won. TheSupreme Court overturned that ruling, and saidthat, to ensure “uninhibited, robust and wide-open” debate about public figures, the law mustprotect writers from libel suits. Thus, unless thewords are penned with “knowing falsity” or “reck-less disregard for the truth,” a writer cannot besuccessfully sued by a public figure for libel.

Griswold v. Connecticut, 1965The Constitution implies a right to privacy in matters ofcontraception between married people.

Estelle Griswold, the director of a Planned Par-enthood clinic, broke an 1879 Connecticut lawbanning contraception. The Court struck downthe law, making it a landmark case in which theCourt read the Constitution to protect individ-ual privacy. This was to be the foundation of fur-ther privacy rulings, including the right to privacyin matters of abortion.

Miranda v. Arizona, 1966“You have the right to remain silent...”

After police questioning, Ernesto Miranda con-fessed to kidnapping and raping a woman. TheCourt struck down the conviction, on groundsthat he was not informed of his 5th Amendmentright against self-incrimination. Hereafter, theMiranda warnings have been a standard feature ofarrest procedures.

Tinker v. Des Moines, 1969School dress codes are not in violation of the First Amend-ment’s guarantee of the freedom of expression.

The Des Moines public school system made arule stating that any student wearing an armbandwould be asked to remove it on the grounds thatthe wearing of such would cause a disturbance. Ifthe student refused to comply, the consequencewas suspension from school. Three public schoolstudents wore black armbands to express their op-position to the United States’ involvement in theVietnam War. They refused to remove the arm-bands and were suspended. The parents of thestudents argued that the students’ actions werenot interfering with the rights of the other stu-dents. The case was argued in 1968 and the rul-ing was handed down in 1969. The Court ruledthat the wearing of armbands was “closely akin to‘pure speech,’” and thus was protected by the FirstAmendment to the Constitution. The rule ban-ning armbands lacked the proper justification forenforcement. This ruling eventually had an effecton school dress codes in that the style of clothingone wears indicates an expression of that individ-ual.

San Antonio Independent School Districtv. Rodrigues, 1973The Constitution does not guarantee a fundamental rightto education.

In 1968, a group of low-income parents suedSan Antonio, claiming the city’s wealthy precinctshad better schools. The Court upheld the district-ing plan, saying the Constitution did not guaran-tee an education, and upholding this tenet: TheConstitution does not compel government to pro-vide services like education or welfare to the peo-ple. Rather, it places boundaries on governmentaction.

Roe v. Wade, 1973The Constitutionality implied right to privacy protects awoman’s choice in matters of abortion.

Norma McCorvey sought an abortion in Texas,but was denied under state law. The Court struckdown that law, on grounds that it is unconstitu-tionally restricting the woman’s right to choose.The opinion set forth guidelines for state abortionregulations; states could restrict a woman’s rightto choose only in the later stages of the preg-nancy. Later modified but not overruled, the de-cision stands as one of the Court’s most contro-versial.

222 APPENDIX G

United States v. Nixon, 1974“Neither separation of powers, nor the need for confiden-tiality can sustain unqualified Presidential immunity fromthe judicial process.”

President Nixon sought precisely this type ofimmunity, rather than relinquishing the famousWhite House tapes during the Watergate scan-dal. The Court unanimously rejected his plea asan unconstitutional power play. The House beganimpeachment proceedings shortly thereafter, andtwo weeks after the ruling, Nixon resigned.

Texas v. Johnson, 1989The Constitution protects desecration of the flag as a formof symbolic speech.

Johnson burned a flag in front of a Dallasbuilding in 1984. He was convicted of violating aTexas law that made it a crime to intentionallydesecrate a state or national flag. Justice Brennanwrote for a 5-to-4 majority that “Governmentmay not prohibit the expression of an idea be-cause society finds the idea itself offensive or dis-agreeable.”

Cruzan v. Missouri Dept. of Health, 1990While the Constitution protects a person’s right to rejectlife-preserving medical treatment (their “right to die”),

states can regulate that interest if the regulation is reason-able.

Nancy Cruzan lay in a permanent vegetativestate as a result of injuries suffered in an auto ac-cident. Her parents sought to withdraw life-sus-taining treatment and allow her to die, claimingshe’d said this would be her wish under such cir-cumstances. The state refused, and the SupremeCourt upheld the state’s guidelines for the contin-uation of medical treatment, which allowed with-drawal of treatment only with clear and convinc-ing evidence that this is what the patient wouldhave wanted. The Court said that, given the needto protect against abuses of such situations, thestate can continue life support as long as its stan-dards for doing so are reasonable.

NOTE

For additional information concerning this subject, andrelated information, please refer to the Constitution Factsand the Supreme Court Historical Society, which are listedin the National Resource Directory section of this volume.

Appendix H 223

H. Local Government Historical Document

(Mecklenburg County was the first local government in America to declare its Independencefrom Great Britain)

The Mecklenburg Resolution1

(May 20, 1775)

I. Resolved: That whosoever directly or indirectly abets, or in any way, form, or manner counte-nances the unchartered and dangerous invasion of our rights, as claimed by Great Britain, is an enemyto this country—to America—and to the inherent and inalienable rights of man.

II. Resolved: That we do hereby declare ourselves a free and independent people; are, and of rightought to be a sovereign and self-governing association, under the control of no power, other than thatof our God and the General Government of the Congress: To the maintenance of which Independencewe solemnly pledge to each other our mutual co-operation, our Lives, our Fortunes, and our most Sa-cred Honor.

III. Resolved: That as we acknowledge the existence and control of no law or legal officer, civil ormilitary, within this county, we do hereby ordain and adopt as a rule of life, all, each, and every one ofour former laws, wherein, nevertheless, the Crown of Great Britain never can be considered as holdingrights, privileges, or authorities therein.

IV. Resolved: That all, each, and every Military Officer in this country is hereby reinstated in hisformer command and authority, he acting to their regulations, and that every Member present of thisDelegation, shall henceforth be a Civil Officer, viz : a Justice of the Peace, in the character of a Com-mittee Man, to issue process, hear and determine all matters of controversy, according to said adoptedlaws, and to preserve Peace, Union, and Harmony in said county, to use every exertion to spread the

Love of Country and Fire of Freedom throughout America, until a more general and organized govern-ment be established in this Province.

ABRAHAM ALEXANDER, Chairman.JOHN MCKNITT ALEXANDER, Secretary.

REFERENCE

1. This declaration of independence (with supplementary set of resolutions establishing a form of government) was adopted(as it is claimed) by a convention of delegates from different sections of Mecklenburg County, which assembled at Char-lotte May 20, 1775.

SOURCE

The Avalon Project, which is listed in the National Resource Directory section of this volume.

I. Abbreviations and Acronyms

(listed in alphabetical order)

224 APPENDIX I

A Bureau of AdministrationAID Agency for International Develop-

mentA/IM Information ManagementAPEC Asia Pacific Economic Cooperation

ForumATA Anti-terrorism AssistanceATF Bureau of Alcohol, Tobacco and

FirearmsBIT Bilateral Investment TreatyCA Bureau of Consular AffairsCDC Centers for Disease ControlCIA Central Intelligence AgencyCPM Civilian Personnel ManagementDEA Drug Enforcement AdministrationDLEA Drug Law Enforcement AgencyDOC Department of CommerceDOD Department of DefenseDOE Department of EnergyDOJ Department of JusticeDRL Bureau of Democracy, Human

Rights and LaborDS Bureau of Diplomatic SecurityDTS-PO Diplomatic Telecommunications

Service—Program OfficeE/CBA Office of Business AffairsEB Bureau of Economic and Business

AffairsEPA Environmental Protection AgencyESA Emergency Security AppropriationESF Economic Support FundsEUR Bureau of European and Eurasian

AffairsEx-lm Bank Export-Import BankFAA Federal Aviation AdministrationFBI Federal Bureau of Investigation

FBO Foreign Buildings OperationsFMP Bureau of Finance and Management

Policy (Now RM—Office of Resource Management

FSA Freedom Support ActFSC Financial Service CenterFSI Foreign Service InstituteG Under Secretary for Global AffairsGAO General Accounting OfficeGCC Gulf Cooperation CouncilGDP Gross Domestic ProductH Bureau of Legislative AffairsHHS Department of Health and Human

ServicesICASS International Cooperative Adminis-

trative Support ServicesIDP Individual Development Plan

Internally Displaced PersonIEA International Energy AgencyIFI International Financial InstitutionINL Bureau of International Narcotics

and Law Enforcement AffairsINR Bureau of Intelligence and ResearchINS Immigration and Naturalization

ServiceIO Bureau of International Organiza-

tion AffairsIPMS Integrated Personnel Management

SystemIT Information TechnologyL Office of the Legal AdviserLEA Local Educational AgencyMAI Multilateral Agreement on Invest-

mentM/CIO Chief Information OfficerM/FLO Family Liaison Office

M/MED Office of Medical ServicesM/P Office of Management Policy and

PlanningNADR Nonproliferation, Anti-terrorism,

Demining, and Related ProgramsNEC National Economic CouncilNIS New Independent StatesNGO Nongovernmental OrganizationNOAA National Oceanic and Atmospheric

AdministrationNSC National Security CouncilOBO Overseas Buildings OperationsOECD Organization for Economic Cooper-

ation and DevelopmentOES Bureau of Oceans, Environment,

and Scientific AffairsOIG Office of The Inspector GeneralOMB Office of Management and BudgetONDCP Office of National Drug Control

PolicyOPIC Overseas Private Investment

CorporationOSM Overseas Staffing ModelPA Bureau of Public AffairsPER Bureau of PersonnelPVO Private Voluntary OrganizationPrepcom Preparatory CommitteePol-Mil Political and MilitaryPRM Bureau of Population, Refugees and

MigrationRM Bureau of Resource Management

RSO Regional Security OfficerS/CT Coordinator for CounterterrorismSEED Southeast European DevelopmentS/EEOCR Office of Equal Employment

Opportunity and Civil RightsS/RPP Secretary’s Office of Resources,

Plans, and PolicyS/S-O Operations CenterT Under Secretary for Arms Control

and International SecurityTDA Trade and Development AgencyUN United NationsUSAID U.S. Agency for International

DevelopmentUSDA U.S. Department of AgricultureUSG U.S. GovernmentUSOECD Mission to the Organization for

Economic Cooperation and Development

USTR United States Trade RepresentativeUSUN U.S. Mission to the United NationsWHA Bureau of Western Hemisphere

AffairsWMD Weapons of Mass DestructionWTO World Trade Organization

NOTE

For additional information concerning this subject, andrelated information, please refer to the U.S. Department ofState, which is listed in the National Resource Directory sec-tion of this volume.

Appendix J 225

J. Glossary

(listed in alphabetical order)

Agora—the administrative center of ancientAthens, Greece, with courts, temples, and simi-lar buildings. As the central meeting place of an-cient Athens, the agora has become associated inmodern memory with the origins of democraticconcepts and institutions.

Civic responsibility—In democracy, civic re-sponsibility means taking active measures to be partof the community, to improve the community, torun for public office, to report crime and corrup-tion and to help others achieve their potential.

Common law—The traditional body of Brit-ish law dating from the Middle Ages that becameincreasingly codified in England and America inthe 18th century and formed the basis of Ameri-can constitutional government.

Constitutionalism—Pertaining to the funda-mental law of a democracy, as codified in a con-stitution, Democratic constitutions spell out thefundamental structure of government, but usuallyleave elaboration to legislative bodies.

Corruption—Social or governmental behav-ior that illegally or immorally diverts resources tothe self that properly belong to others or to soci-ety as a whole. Corruption saps the vitality ofdemocracy. To participate actively in a democraticsociety, citizens need to be sure the fruits of theirlabor will go to legitimate goals and institutions,not corrupt individuals.

Demos—An ancient Greek word for the citi-zens of a Greek state. In liberal democracy, theconcept of “demos” is all-important, for it is the

fundamental rights of ordinary people that givelegitimacy to the state.

Direct democracy—When people in a smallgroup or geographic area assemble and regulatetheir community personally, without electing rep-resentatives, it is called “direct democracy.” Thisis as opposed to “representative democracy,” themost common arrangement, which involves vot-ing for officials to represent a large group of citi-zens in a legislature.

Due process—Legal process that respects therights of the accused, no matter how unpopular.Due process is the fundamental characteristic ofdemocracy. In general due process guaranteesrights to a fair hearing or trial before an impartialmagistrate, and freedom from cruel or unusualpunishment.

Fundamental rights—In democratic theory,fundamental rights generally include the right toliberty, freedom of thought and justice before thelaw, as well as basic social equality with otherhuman beings.

Habeas corpus—A Latin phrase referring toone of the central concepts of due process, whichis that people may not be arrested and held in de-tention without cause and without a legal warrantfrom a judge. In democracy, a citizen who feels heis unlawfully imprisoned may petition for a writof habeas corpus and a hearing before a judge. Ifbeing held illegally by the state, he must be re-leased. Habeas corpus may be suspended inwartime or emergency.

Independent judiciary—In democratic con-stitutional theory, the judiciary (the courts) mustbe independent in the sense of not being sub-servient to the executive (the leader) nor to thelegislature. The judiciary must have sufficient pres-tige, power, and the popular respect in order tobe able to define the structure of the constitution,enforce constitutional law, and restrain the otherbranches of government from lawless behavior.

Interest groups—In democracies, nongovern-mental organizations that represent various seg-ments of society with various goals or needs. In-terest groups try to influence public opinion andpublic officials in order to gain recognition fortheir cause.

Liberal democracy— The modern form ofdemocracy, which tends to stress individual rightsand protections, as opposed to collective rights.

Minority rights—Most decisions in democ-racy are made by voting. While the majority that

wins the vote achieves its objectives, it still mustrespect the rights of the minority that lost thevote. Minority rights mean that political losersare not oppressed, imprisoned or silenced, andmay continue to represent their political interestsin the hope of winning someday.

Natural rights—A concept that arose in the18th century, from the concept of natural law.Natural rights means that all human beings haverights because they are human. The concept ofnatural rights is the basis of the democratic beliefthat all human beings are fundamentally similar,and have the same rights before government andthe law.

Nongovernmental organizations (NGOs)—In democracy, organizations that are important oressential to the functioning of society, yet not partof government. They may include churches,unions, professional or business groups, or inter-est groups focusing on issues such as human rightsor the environment. Some operate within nationalboundaries; increasingly, some of these groups op-erate on an international basis.

Pluralism— The recognition in democraticculture that individuals may retain their culturaland group traits while being part of a large dem-ocratic nation.

Representative democracy— As opposed todirect democracy, representative democracy oc-curs when the population becomes too large fordirect democracy. Basically, it means that peoplevote for elected officials to run their governmentor governments.

Sovereignty—The right to rule a given nation.In democracy, the theory is that the people, takenas a whole, have sovereignty.

Transparency—The right of ordinary citizensin a democracy to know what is happening intheir government, in leadership councils, in thelegislature, in the courts and in administrativebodies. In recent decades, democratic govern-ments have become more transparent, openingmore meetings to the public and releasing moreinformation to the press and to citizens. Even so,democratic government still has the right to pro-tect essential or sensitive information.

NOTE

For additional information concerning these subjects,and related information, please refer to the U.S. Departmentof State, which is listed in the National Resource Directorysection of this volume.

226 APPENDIX J

K. State Library Resource Directory

Most state libraries have copies of state laws, both proposed and adopted, in an online database. Manystates also have copies of the various laws adopted in those cities and towns within their jurisdiction.They are an excellent resource. The contact information for the various state libraries is shown below.

Appendix K 227

Alabama(http://www.apls.state.la.us/)

Alaska(http://www.library.state.ak.us/)

Arizona(http://www.lib.az.us/)

Arkansas(http://www.asl.lib.ar.us/)

California(http://www.library.ca.gov/)

Colorado(http://www.cde.state.co.us/)

Connecticut(http://www.cslib.org/)

Delaware(http://www.state.lib.de.us/)

District of Columbia(http://dclibrary.org/)

Florida(http://dlis.dos.state.fl.us/)

Georgia(http://www.georgialibraries.org/)

Hawaii(http://www.librarieshawaii.org/)

Idaho(http://www.lili.org/)

Illinois(http://www.cyberdriveillinois.com/departments/library/)

Indiana(http://www.statelib.lib.in.us/)

Iowa(http://www.silo.lib.ia.us/)

Kansas(http://www.skyways.org/KSL/)

Kentucky(http://www.kdla.ky.gov/)

Louisiana(http://www.state.lib.la.us/)

Maine(http://www.state.me.us/msl/)

Maryland(http://www.sailor.lib.md.us/)

Massachusetts(http://mass.gov/mblc/)

Michigan(http://www.michigan.gov/hal/)

Minnesota(http://www.state.mn.us/libraries/)

Mississippi(http://www.mlc.lib.ms.us/)

Missouri(http://www.sos.mo.gov/library/)

Montana(http://msl.state.mt.us/)

Nebraska(http://www.nlc.state.ne.us/)

Nevada(http://dmla.clan.lib.nv.us/)

New Hampshire(http://www.state.nh.us/nhls/)

New Jersey(http://www.njstatelib.org/)

New Mexico(http://www.stlib.state.nm.us/)

New York(http://www.nysl.nysed.gov/)

North Carolina(http://statelibrary.dcr.state.nc.us/)

North Dakota(http://ndsl.lib.state.nd.us/)

Ohio(http://winslo.state.oh.us/)

Oklahoma(http://www.odl.state.ok.us/)

Oregon(http://oregon.gov/OSL/)

Pennsylvania(http://www.statelibrary.state.pa.us/libraries/)

Rhode Island(http://www.olis.ri.gov/)

South Carolina(http://www.statelibrary.sc.gov/)

South Dakota(http://www.sdstatelibrary.com/)

Tennessee(http://www.tennessee.gov/tsla/)

Texas(http://www.tsl.state.tx.us/)

Utah(http://library.ut.gov/index.html/)

Vermont(http://dol.state.vt.us/)

Virginia(http://www.lva.lib.va.us/)

Washington(http://www.secstate.was.gov/library/)

West Virginia(http://librarycommission/lib.wv.us/)

Wisconsin(http://www.dpi.state.wi.us/dltcl/pld/)

Wyoming(http://www-wsl.state.wy.us/)

228 APPENDIX L

L. National Resource Directory

(organized by topics for the public, nonprofit, and educational sectors)

Civic Education

Ackerman Center for Democratic Citizenship(http://www.edci.purdue.edu/ackerman/)

American Democracy Project(http://www.aascu.org/programs/adp/)

Bill of Rights Institute(http://www.billofrightsinstitute.org/)

Center for Civic Education(http://www.civiced.org/)

Center for Youth Citizenship(http://www.youthcitizenship.org/)

Civic Education Project(http://www.civiceducationproject.org/)

Civnet(http://civnet.org/)

Constitutional Rights Foundation(http://www.crf-usa.org/)

Kellogg Foundation(http://www.wkkf.org/)

National Commission on Civic Renewal(http://www.pauf.umd.edu/Affiliates/)

National Endowment for Democracy(http://www.ned.org/)

National Institute for Citizen Education and Law(http://www.indiana.edu/~ssdc/nicel.html/)

Civil Rights and Civil Liberties

American Civil Liberties Union(http://www.aclu.org/)

Citizens Commission on Civil Rights(http://www.cccr.org/)

Constitution Society(http://www.constitution.org/)

Freedom Forum(http://www.freedomforum.org/)

Judicial Watch(http://www.judicialwatch.org/)

League of Women Voters(http://www.lwv.org/)

National Coalition Against Censorship(http://www.ncac.org/)

Project Vote Smart(http://www.vote-smart.org/)

Historical

Center for the Study of Federalism(http://www.temple.edu/federalism/)

Center for the Study of the Presidency(http://www.thepresidency.org/)

Constitutional Facts(http://www.constitutionfacts.com/)

Freedom Foundation at Valley Forge(http://www.ffvf.org/)

National Constitution Center(http://www.constitutioncenter.org/)

Supreme Court Historical Society(http://www.supremecourthistory.org/)

The Avalon Project(http://avalon.law.yale.edu/)

White House Historical Association(http://www.whitehousehistory.org/)

Political Parties

Democratic National Committee(http://www.democrats.org/)

Green Party of North America(http://www/greens.org/)

Libertarian Party(http://www.lp.org/)

Natural Law Party(http://www.natural-law.org/)

Reform Party(http://www.reformparty.org/)

Republican National Committee(http://www.rnc.org/)

Socialist Party(http://www.socialist.org/)

Professional Associations

American Bar Association(http://www.abanet.org/)

American Planning Association(http://www.planning.org/)

American Political Science Association(http://www.apsanet.org/)

American Society for Public Administration(http://www.aspanet.org/)

Association for Metropolitan Planning Organizations

(http://www.ampo.org/)

Public Policy

Association for Public Policy Analysis and Management

(http://www.appam.org/)

Center for Policy Alternatives(http://www.cfpa.org/)

Center for Public Integrity(http://www.publicintegrity.org/)

Common Cause(http://www.commoncause.org/)

National Center for Policy Analysis(http://www.ncpa.org/)

National Center for Public Policy Research(http://www.nationalcenter.org/)

National Legal Center for Public Interest(http://www.nlcpi.org/)

Pew Research Center(http://pewresearch.org/)

State and Local Government

Council of State Governments(http://www.csg.org/)

International City/County Management Association

(http://www.icma.org/)

Local Government Commission(http://www.lgc.org/)

Meyner Center for the Study of State and Local Government

(http://www.lafayette.edu/publius/)

National Association of Counties(http://www.naco.org/)

National Association of Regional Councils(http://www.narc.org/)

National Association of Towns and Townships(http://www.natat.org/)

National Center for State Courts(http://www.ncsconline.org/)

National Civic League(http://www.ncl.org/)

Appendix L 229

National Conference of State Legislatures(http://www.ncsl.org/)

National Governors Association(http://www.nga.org/)

National League of Cities(http://www.nlc.org/)

Secretary of StateState of Connecticut

(http://www.sots.ct.gov/)

U.S. Conference of Mayors(http://www.usmayors.oeg/)

State Supreme Judicial CourtCommonwealth of Massachusetts

(http://www.mass.gov/courts/sjc/)

U.S. GovernmentFederal Communications Commission(http://www.fcc.gov/)

Federal Elections Commission(http://www.fec.gov/)

Federal Judicial Center(http://www.fjc.gov/)

Federal Judiciary Homepage(http://www.uscourts.gov/)

Library of Congress(http://lcweb.loc.gov/)

National Endowment for the Humanities(http://www.neh.fed.us/)

Thomas Legislative Information(http://thomas.loc.gov/)

U.S. Census Bureau(http://www.census.gov/)

U.S. Congress(http://www.congresslink.org/)

U.S. Department of State(http://www.state.gov/)

U.S. Department of the Interior(http://www.doi.gov/)

U.S. House of Representatives(http://www.house.gov/)

U.S. National Archives and Records Administration

(http://www.archives.gov/)

U.S. Senate(http://www.senate.gov/)

U.S. Supreme Court(http://www.supremecourtus.gov/)

White House(http://www.whitehouse.gov/)

Others

Brookings Institution(http://www.Brookings.edu/)

Heritage Foundation(http://www.heritage.org/)

National Humanities Institute(http://www.nhinet.org/)

National Taxpayers Union(http://www.ntu.org/)

National Urban League(http://www.nul.org/)

Smithsonian Institution(http://www.si.edu/)

Street Law, Inc.(http://www.streetlaw.org/)

Supreme Court Decisions(http://supct.law.cornell.edu/supct/)

The Future of American Democracy Foundation(http://thefutureofamericandemocracyfoundation.org/)

United Kingdom Parliamentary Archives(http://www.parliament.uk/archives/)

Urban Institute(http://www.urban.org/)

Wikipedia Encyclopedia(http://www.wikipedia.org/)

NOTE

Some professional associations are listed under headingsthat fit their primary mission. Those that don’t fit into oneof the general topics are listed above under “others.”

230 APPENDIX L

Albert, Gail, ed. Service Learning Reader: Reflectionsand Perspectives on Service (Raleigh, NC: NationalSociety for Experiential Education, 1994).

Almond, Gabriel A., and Sidney Verba. The CivicCulture (Boston: Little, Brown, 1966).

Amidei, Nancy. So You Want to Make a Difference:Advocacy Is the Key (Washington, DC: OMBWatch, 1991).

Anderson, James E. Public Policymaking, 3rd ed.(Boston: Houghton Mifflin, 1997).

Barber, Benjamin R. An Aristocracy of Everyone: ThePolitics of Education and the Future of America(New York: Oxford University Press, 1992).

Barber, James David. The Book of Democracy (Engle-wood Cliffs, NJ: Prentice Hall, 1995).

Bardach, Eugene. The Implementation Game (Cam-bridge, MA: MIT Press, 1979).

_____. A Practical Guide for Policy Analysis: TheEightfold Path to More Effective Problem Solving(Washington, DC: CQ Press, 2009).

Battistoni, Richard M., and William E. Hudson, eds.Experiencing Citizenship: Concepts and Models forService-Learning in Political Science (Washington,DC: American Association of Higher Education,1997).

Bellah, Robert N., Richard Madsen, William M.Sullivan, Ann Swidler, and Steven M. Tipton,Habits of the Heart: Individualism and Commit-ment in American Life (New York: Harper andRow, 1985).

Birkland, Thomas A. An Introduction to the PolicyProcess: Theories, Concepts, and Models of PublicPolicy Making (Armonk, NY: M.E. Sharpe, 2005).

Bluhm, William T., and Robert A. Heineman. Ethicsand Public Policy: Method and Cases (Upper Sad-dle River, NJ: Pearson Education, 2007).

Brown, Richard D. The Strength of a People: The Ideaof an Informed Citizen in America, 1650 –1870(Chapel Hill: University of North Carolina Press,1996).

Dahl, Robert A. Pluralist Democracy in the UnitedStates (Chicago: Rand McNally, 1966).

Dye, Thomas A. Understanding Public Policy, 12thed. (Upper Saddle River, NJ: Pearson Education,2008).

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169, 210–211, 213Adams, Samuel 59Admission of states to Union 5,

201, 216Afghanistan 209–211, 213African-Americans 133Age Discrimination in Employ-

ment Act of 1967 105Age of Enlightenment 94Al Quaeda 213Alaska 5, 201–203Aleutian Islands 200American Charter of Freedom 10,

12Americans with Disabilities Act of

1990 105Anglican reforms 37Annapolis Convention 84Annexation Convention 177Appalachian Mountains 148, 154,

160Arizona 5, 183Articles of Confederation 3, 9, 14,

73–85, 148Atlantic Ocean 143, 194Atristain, Don Miguel 183Attu Island 200Auld, Richard 206

Baker-Hamilton Commission209

Balkans 211, 213Baring, Alexander 162Bill of Rights (America) 3, 14, 52,

94–96Bill of Rights (England) 3–4, 8,

13, 28–34, 94Bland, Richard 42Blount, James 205Bonaparte, Napoleon 161–162, 169USS Boston 205Boston, Massachusetts 43Bowdoin, James 59Boyd, Julian P. 47British Columbia, Canada 180–

181

Buchanan, James 180Bush, George 212

Caballos, Juan 194California 195Canada 143, 180–181Canadian Charter of Rights and

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4, 73–94, 143–147, 148–153,154–159

Connecticut 37–38, 85Constitutional Congress 84Constitutional Convention of

Massachusetts 59Constitutional Convention of

Philadelphia 84–85

Continental Congress 3, 42–45,46–51, 55–58, 78, 154

Convention Parliament 28Cook, Capt. James 204core documents 3–4, 35–142Coronation Oath 11Court of King’s Bench 23Couto, Don Bernardo 183Crown of Scotland 30Cuevas, Don Luis Gonzaga 183

Declaration and Resolves of theFirst Continental Congress 3,42–45

Declaration of Independence 3, 8,11, 14, 52, 55–58, 78, 154

Declaration of Rights 28, 94Declaration of the Causes and Ne-

cessity of Taking Up Arms 3,46–51

Declaration of the Rights of Man8

Declarations of War 5, 217Declaratory Act 46Defamation Act of 1996 30Delaware 144democracy 1–6, 209–214d’Encausse, Hélène Carrère 213Dickinson, John 46–47Dole, Sanford 205Donelson, Andrew Jackson 175Dutch Harbor 200

East Liverpool, Ohio 149Education Act of 1972 105Edward III 25Eliot, Sir John 25El Paso, Texas 177Enabling Act of 1802 155Equal Opportunity Employment

Commission (EEOC) 104–106Equal Pay Act of 1963 105European Convention of Human

Rights 29Evil Empire 212

Fairbanks, Alaska 200Federal Convention 85Federal Register 97–98

Index

235

Federalist Party 162, 211First Continental Congress 42–

45, 55Five Knights’ Case 24Florida 4, 161, 169France 8–9, 55, 143, 160–168, 211Franklin, Benjamin 55, 85, 143Fraser Canyon Gold Rush 181Freeman, James 175French and Indian War of 1763

160French Revolution 8, 52–53, 211Fundamental Orders of Connecti-

cut 3, 37–41future of democracy 5, 209–214

Gadsen Purchase Treaty 4–5,194–199

Galloway, Joseph 42Garay, Don José de 194George III 11, 55Georgia 42, 55Germany 213Glorious Revolution 25, 29–30God’s will 210Gorbachev, Mikhail 212Grand Council 42Great Britain 3, 4, 6, 8, 9, 13–14,

23, 28, 29, 30, 35, 42, 43, 52,56, 143, 148, 160–161, 180, 211;colonialism 5, 28, 161, 169, 180,181, 215; constitution 12, 56;envoy 180; monarchy 38, 211

The Great Compromise 85Great Lakes 143, 154Greeks 7Grenada 211Griffiths, Martha W. 104Guadalupe Hidalgo 161, 183Gulf of Mexico 176

Habeas Corpus Act of 1679 28Haiti 211, 213Hamilton, Alexander 211Harrison, Benjamin 42, 204–205Hartford, Connecticut 37Hartley, David 143Hatch, Francis 206Hatch Act of 1887 154Havana Harbor, Cuba 206Havel, Václav 212Hawaii 5, 204–208Heath, Robert 24Helsinki Conference 212Henry I 11Henry III 12Henry, Patrick 42Hoar, George 206Hobbs, Thomas 35Homestead Act of 1862 148House of Burgesses 3, 52–54House of Commons 24, 30House of Lords 52House of Parliament 24House of Representatives 97Houston, Sam 175

Hudson’s Bay Company 180–181Hutchins, Thomas 148

Illarregui, Jose 184Iolani Palace 205Innocent II, Pope 12Iraq 209–211, 213Ireland 29, 180Iron Curtain 212Isthmus of Tehuantepec 194Italy 161

Jackson, Andrew 169, 176Jacksonian Democracy 1James I 36James II 29James VII 29James River 210Jamestown, Virginia 4, 36Japan 200, 213Jay, John 143Jefferson, Thomas 8, 13, 46–47,

55, 94, 160–162, 211Jeffersonian Democracy 1John, King of England 2–3, 11–22Johnson, Lyndon B. 105, 133Jones, Anson 176Juneau, Alaska 200

Kalakaua, David 205Kalakaua, King 205Kalauokalani, David 206Kamehameha, King 204Kansas 175Kaulia, James 206Kinney, William 206Kiska Island 200Klondike Gold Strike 200Kuwait 211

Lamar, Mirabeau B. 175Land Ordinance 4, 148–153Lane, William 195Lee, Richard Henry 42Lexington, Massachusetts 13libraries, directory of state 227–

228Lincoln, Abraham 155Livingston, Robert R. 55, 161local government historical docu-

ment 223–224Locke, John 8, 35London, England 11The Lost Colony 36Louis XVI 211Louisiana 160–168Louisiana Purchase Treaty 4, 160–

170Ludlow, Roger 37

Madison, James 3, 13–14, 53, 85,94, 169

Magna Carta 2, 8, 11–22, 28, 95USS Maine 204, 206March Commission 37Martinique 161

Mary II 29Mason, George 52, 94Massachusetts 3–4, 35, 37, 59–

72Mayflower Compact 3, 35–36McKinley, William 206–207Mecklenburg County, North Car-

olina 6, 223–224Mecklenburg Resolution 223–

224Mesilla Valley 194–195Mexican-American War 180, 183,

194Mexico 176, 183, 194–195; cession

183; government 175–176, 183,194–195; land grants 184

Mexico City, Mexico 183Middle Ages 7–8Middle East 213Minnesota 180Mississippi River 143, 148, 154,

160–161, 169Missouri Compromise 176Missouri River 160models of government 10Monroe, James 161, 169Montana 160Montesquieu 8Moralis, Juan Ventura 161Morrill Act of 1862 154Muldoon, Robert 30Mutiny Act of 1869 25

National Archives and RecordsAdministration 84, 95, 97–98,144, 184

National Resource Directory 6,228–230

National Rotunda 12National Women’s Party 104Native Americans 177, 194–195Native Claims Settlement Act

201Neighbors, Robert 177Netherlands 143Nevada 183New Caledonia 180New England Federalists 162New Hampshire 85New Jersey Plan 85New Mexico 5, 36, 175–177, 183,

195New Orleans, Louisiana 160–162,

194New Spain 36New World 2–4, 35–36New York 42New Zealand Superannuation Act

of 1974 30Newfoundland 143Nixon, Richard 105North America 36, 52, 154, 160,

180, 194Northwest Ordinance 4, 154–159Northwest Territory 149, 154Nueces River 176

236 INDEX

O’Connor, Sandra Day 209Ohio 149, 155, 160Ohio River 4, 148–149, 154Oklahoma 175Old World 35Onis, Don Luis de 169Onis-Adams Treaty of 1819 170Ordinance of 1787 148Oregon 4, 176, 180–182original colonies 4–5, 215

Pacific Northwest 170Pacific Ocean 194Pakenham, Richard 180Panama 211Parliament Act of 1911 and 1949 28Parliament of England 2–3, 12–

14, 23–27, 28–34, 42, 52, 56Paterson, William 85Paul, Alice 104Pendelton, Edmund 42Pennsylvania 42, 149Pensacola, Florida 169Peridido River 169Perot Foundation 12Perpetual Union 84Petition Against Annexation 206Petition of Right 2, 8, 23–27Philadelphia, Pennsylvania 14, 84Philadelphia Convention 85Philippine Islands 206Pilgrims of the New World 2–3,

35–36Pinckney Treaty 160Pitt, William 14A Plan of Union 42, 43Plymouth, England 4Point of Beginning 149Polk, James K. 176, 180, 183–184Pregnancy Discrimination Act

105Privy Council 180Protestants 29Puget Sound 181Puritans 35, 37Pym, John 25

Queen Lili’uokalani 204–206Queen Victoria 180

Raleigh, Sir Walter 36Randolph, Peyton 42Reagan, Ronald 212Rehabilitation Act of 1973 105Republic of Hawaii 205–206Republic of Ireland 29Republic of Texas 4, 175–177Republic of the United States 55Resolution for the Annexation of

Texas 4, 175–179Revolutionary War 3, 14, 46, 78,

148–149Rhode Island 85Richardson, John 206Rights of Man and of the Citizen

of 1789 52–53

Rio Grande River 176–177, 183Rives, George Lockhart 176Roanoke, Virginia 4Roanoke Colony 36Roanoke Island 36Rocky Mountains 180Roman Catholicism 29Roman Empire 7Rousseau, Jean-Jacques 8Royal Charter of 1662 38Royal Cypher 30Runnymede, England 11Russia 5, 180, 200–203, 209–213Rutledge, John 47

St. Edward’s Crown 30St. Louis, Missouri 162St. Marks, Florida 169San Juan Islands 181Santa Anna, Antonio de 183, 195Santa Fe Expedition 177Santo Domingo 160–161Scotland 28–29Scott, Winfield 183Second Continental Congress

46–51Selden, John 25Selma, Alabama 133Seminole 169Seven Years’ War 13, 46Seward, William H. 200Seward, Alaska 200Shallus, Jacob 84Sherman, Roger 55, 85Sitka, Alaska 200South Africa 209South Carolina 55South Korea 213Spain 143, 160–161, 169–170Spanish American War 204, 206Spanish Florida 36Springfield, Massachusetts 37Stalin, Joseph 211Stamp Act 13–14State Constitutional Convention

3, 59–72States: dates of admission to the

Union 5, 216; governments 4;voting 3

Statute Law Revision 29Statute of Westminster 28Stevens, John 205Stoddard, Amos 162Stoeckl, Edward (Edouard) de 200Stony Mountains 180Strait of June de Fuca 181Suffolk County, Massachusetts 43Supreme Court of the United

States 5–6, 84, 133–134, 177,219–223

taxation 9Taylor, John 37Taylor, Zachary 176Territory of Alaska 5Texas 170, 175–179, 194

Third Reich 212Thurston, Lorrin 205–206Toussaint L’Ouverture, François

161Transcontinental Treaty 4, 169–

174Treaty of Ameins 161Treaty of Cession 200Treaty of 1818 180Treaty of Fontainbleau 160Treaty of Guadalupe Hidalgo 4,

183–194Treaty of Paris 4, 143–147, 169Treaty of San Ildefonso 161Trist, Nicholas 183–184Tyler, John 175Tzar Alexander III 200

United Nations 29United States 3–5, 35, 84, 97,

143–144, 154, 160, 209, 213; an-nexation of Hawaiian Islands204–208; artillery 162; AttorneyGeneral 24, 133–134; bom-bardments 200; claims 195;colonies 2–4, 42, 55, 170; de-fense system 201; democracy7–10, 209; expansionist inten-tions 181; forces 200; foreignpolicy 211; government of 8,195; history 55, 212–213; Min-ister to France 161; mistakes213; population 106; presidents5, 84, 98, 105, 133, 180, 204,206, 210, 212, 216–217; Secre-tary of State 97, 169, 180, 200;settlers 160, 204; territorial ex-pansion of 2, 4–5, 200; troops184; units of government 5,217–218; voting rights history5–6, 218–219; Westward expan-sion 154

United States Congress 3–5, 55,78, 85, 94–96, 97–103, 104–132, 133–142, 144, 148, 154,160–168, 169–174, 175–179,180–182, 183–193, 194–199,200–203, 204–208

United States Constitution 3–5,14–15, 23, 29, 36, 56, 59, 78,84–95, 97–104, 133, 154, 176

U.S. Department of Labor 105U.S. House of Representatives 95U.S. Senate 162, 184, 195, 204,

206U.S. State Department 205U.S. Supreme Court 5–6, 84,

133–134, 177, 219–223Universal Declaration of Human

Rights 29Utah 183

Virginia: colony 36, 149; consti-tution 52; Declaration ofRights 3, 52–54, 94; history210, 214; state 35

Index 237

Virginia Company 4, 36Virginia Plan 85Voltaire 8voting rights 5–6, 218–219Voting Rights Act 4, 133–142

Ward, Christopher 195Warwick Patent 37Washington, George 211Washington, D.C. 133, 169, 180,

183, 206

Washington Territory 181Weller, Jon 184Welles, Thomas 37Westward expansion 154Wethersfield, Connecticut 37Whig 175Wilkinson, James 162William and Mary 28, 30William III 29Williamsburg, VA 209Wilson, Woodrow 210, 213

Windsor Castle 11Windsor, Connecticut 37Winthrop, Gov. John 37World War II 200Wyoming 175

Yorktown, Virginia 14

238 INDEX