Page:Debates in the Several State Conventions, v5.djvu/613

1787.] inviolate. This oath, or affirmation, shall be administered by the president of the Senate for the time being, in the presence of both Houses of the legislature.

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

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

Sec. 11. He shall receive a fixed compensation for his services, to be paid to him at stated times, and not to be increased nor diminished during his continuance in office.

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

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

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

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

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