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Form of precept to be indorsed on said writ of summons.
THE UNITED STATES OF AMERICA, SS:
greeting: You are hereby commanded to deliver to and leave with
if conveniently to be found, or if not, to leave at his usual place of abode, or at his usual place of business in some conspicuous place, a true and attested copy of the within writ of summons, together with a like copy of this precept; and in whichsoever way you perform the service, let it be done at least days before the appearance day mentioned in the said writ of summons.
Fail not, and make return of this writ of summons and precept, with your proceedings thereon indorsed, on or before the appearance day mentioned in the said writ of summons. Witness
and Presiding Officer of the Senate, at the city of Washington, this
day of of our Lord
and of the Independence of the United States the
in the year
Presiding Officer of the Senate.
All process shall be served by the Sergeant-at-Arms of the Senate, unless otherwise ordered by the court.
XXV. If the Senate shall at any time fail to sit for the consideration of articles of impeachment on the day or hour fixed therefor, the Senate may, by an order to be adopted without debate, fix a day and hour for resuming such consideration.
THE CONSTITUTION OF THE UNITED STATES OF
We THE PEOPLE of the United States, in Order to form a more
perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.
Decisions of the Supreme Court of the United States relating to the preamble are:
Chisholm v. Georgia, 2 Dall., 419; McCulloch v. State of Maryland et al., 4 Wh., 316; Brown et al. v. Maryland, 12 Wh., 419; Barron v. The Mayor and City Council of Baltimore, 7 Pet., 243; Dred Scott v. Sandford, 19 Howard, 393; Lane County v. Oregon, 7 Wall., 71; Texas v. White et al., 7 Wall., 700; Claflin v. Houseman, assignee, 93 U. S., 130; Williams v. Bruffy, 96 U. S., 176; Tennessee v. Davis, 100 U. S., 257; Langford v. United States, 101 U. S., 341; United States v. Jones, 109 U. S., 513; Fort Leavenworth Railroad Co. v. Lowe, 114 U. S., 525; The Chinese Exclusion Case, 130 U. S., 581; Geofroy v. Riggs, 133 U. S., 258; In re Neagle, 135 U. S., 1; In re Ross, 140 U. S., 453; Logan v. United States, 144 U. S., 263; Lascelles ?'. Georgia, 148 U. S., 537; In re Tyler, 149 U. S., 164; Fong Yue Ting v. United States, 149 U. S.,
* In May, 1785, a committee of Congress made a report recommending an alteration in the Articles of Confederation, but no action was taken on it, and it was left to the State Legislatures to proceed in the matter.
In January, 1786, the Legislature of Virginia passed a resolution providing for the appointment of five commissioners, who, or any three of them, should meet such commissioners as might be appointed in the other States of the Union, at a time and place to be agreed upon, to take into consideration the trade of the United States; to consider how far a uniform system in their commercial regulations may be necessary to their common interest and their permanent harmony; and to report to the several States such an act, relative to this great object, as, when ratified by them, will enable the
698; United States i'. E. C. Knight Co., 156 U. S., I; Mattox v. United States, 156 U. S., 237, In re Quarles and Butler, 158 U. S., 532; In re Debs, Petitioner, 158 U. S., 564; Ward v. Race Horse, 163 U. S., 504; De Lima v. Bidwell, 182 U. S., I; Prout v. Starr, 188 U. S., 537; Jacobson v. Massachusetts, 197 U. S., 11; South Carolina v. United States, 199 U. S., 437; Ellis v. U. S., 206 U. S., 246; Dick v. U. S., 208 U. S., 340; Muller v. Oregon, 208 U. S., 412.
ARTICLE I. SECTION 1. All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.
Hayburn's Case (notes), 2 Dall., 409; Field v. Clark, 143 U. S., 649; Union Bridge Co. v. United States, 204 U. S., 364; Cnited States 1'. Heinszen, 206 U. S., 370; St. Louis & Iron Mountain Railway v. Taylor, 210 U. S., 28ı; Monongahela Bridge Co. v. United States, 216 U. S., 177; United States v. Grimaud, 216
U. S., 614. SECTION 2. The House of Representatives shall be composed of Members chosen every second Year by the People of the several States, and the Electors in each State shall have the Qualifications requisite for Electors of the most numerous Branch of the State Legislature.
Ex parte Yarbrough, 110 U. S., 651; in re Green, 134 U. S., 377;
Wiley v. Sinkler, 179 U. S., 58. ? No Person shall be a Representative who shall not have attained to the Age of twenty-five years, and been seven Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State in which he shall be chosen.
United States iir Congress effectually to provide for the same. The Virginia commissioners, after some correspondence, fixed the first Monday in September as the time, and the city of Annapolis as the place for the meet. ing, but only four other States were represented, viz: Delaware, New York, New Jersey, and Pennsylvania; the commissioners appointed by Massachusetts, New Hampshire, North Carolina, and Rhode Island failed to attend. Under the circumstances of so partial a representation, the commissioners present agreed upon a report, (drawn by Mr. Hamilton, of New York,) expressing their unanimous conviction that it might essentially tend to advance the interests of the Union if the States by which they were respectively delegated would concur, and use their endeavors to pro
*[Representatives and direct Taxes shall be apportioned among the several States which may be included within this Union, according to their respective Numbers, which shall be determined by adding to the whole Number of free Persons, including those bound to Service for a Term of Years, and excluding Indians not taxed, three fifths of all other Persons.] The actual Enumeration shall be made within three Years after the first Meeting of the Congress of the United States, and within every subsequent Term of ten Years, in such Manner as they shall by Law direct. The Number of Representatives shall not exceed one for every thirty Thousand, but each State shall have at Least one Representative; and until such enumeration shall be made, the State of New Hampshire shall be
cure the concurrence of the other States, in the appointment of commissioners to meet at Philadelphia on the second Monday of May following, to take into consideration the situation of the United States; to devise such further provisions as should appear to them necessary to render the Constitution of the Federal Government adequate to the exigencies of the Union; and to report such an act for that purpose to the United States in Congress assembled as, when agreed to by them and afterwards confirmed by the Legislatures of every State, would effectually provide for the same.
Congress, on the 21st of February, 1787, adopted a resolution in favor of a convention, and the Legislatures of those States which had not already done so (with the exception of Rhode Island) promptly appointed delegates. On the 25th of May, seven States having convened, George Washington, of Virginia, was unanimously elected President, and the consideration of the proposed constitution was commenced. On the 17th of September, 1787, the Constitution as engrossed and agreed upon was signed by all the members present, except Mr. Gerry, of Massachusetts, and Messrs. Mason and Randolph, of Virginia. The president of the convention transmitted it to Congress, with a resolution stating how the proposed Federal Government should be put in operation, and an explanatory letter. Congress, on the 28th of September, 1787, directed the Constitution so framed, with the resolutions and letter concerning the same, to
* The clause included in brackets is amended by the fourteenth amendment, second section, p. 229.
entitled to chuse three, Massachusetts eight, Rhode Island and Providence Plantations one, Connecticut five, New-York six, New Jersey four, Pennsylvania eight, Delaware one, Maryland six, Virginia ten, North Carolina five, South Carolina five, and Georgia three.
The last apportionment, under the act of 1901, was made on the basis of one Representative for 192,182 of population.
Dred Scott 2'. Sandford, 19 Howard, 393; Veazie Bank v. Fenno, 8 Wall., 533; Scholey 7'. Rew, 23 Wall., 331; De Treville v. Smalls, 98 U. S., 517; Gibbons v. District of Columbia, 116 U. S., 404; Pollock v. Farmers' Loan & Trust Co. (Income Tax case), 157 U. S., 429; Pollock v. Farmers' Loan & Trust Co. (Rehearing), 158
U. S., 601; Thomas v, United States, 192 U. S., 363. * When vacancies happen in the Representation from any State, the Executive Authority thereof shall issue Writs of Election to fill such Vacancies.
The House of Representatives shall chuse their Speaker and other Officers; and shall have the sole Power of Impeachment.
SECTION. 3. The Senate of the United States shall be composed of two Senators from each State, chosen by the Legislature thereof, for six Years; and each Senator shall have one Vote.
“be transmitted to the several Legislatures in order to be submitted to a convention of delegates chosen in each State by the people thereof, in conformity to the resolves of the convention."
On the 4th of March, 1789, the day which had been fixed for commencing the operations of Government under the new Constitution, it had been ratified by the conventions chosen in each State to consider it, as follows: Delaware, December 7, 1787; Pennsylvania, December 12, 1787; New Jersey, December 18, 1787; Georgia, January 2, 1788; Connecticut, January 9, 1788; Massachusetts, February 6, 1788; Maryland, April 28, 1788; South Carolina, May 23, 1788; New Hampshire, June 21, 1788; Virginia, June 26, 1788; and New York, July 26, 1788.
The President informed Congress, on the 28th of January, 1790, that North Carolina had ratified the Constitution November 21, 1789; and he informed Congress on the ist of June, 1790, that Rhode Island had ratified the Constitution May 29, 1789. Vermont, in convention, ratified the Constitution January 10, 1791, and was, by an act of Congress approved February 18, 1791, "received and admitted into this Union as a new and entire member of the United States."