the secretary or his deputy and have the great seal of the commonwealth affixed thereto.

Art. 5. All writs, issuing out of the clerk's office in any of the courts of law, shall be in the name of the commonwealth of Massachusetts; they shall be under the seal of the court from whence they issue; they shall bear test of the first justice of the court, to which they shall be returnable, who is not a party and be signed by the clerk of such court.

Art. 6. All the laws, which have heretofore been adopted, used and approved in the province, colony or State of Massachusetts Bay and usually practised on in the courts of law, shall still remain and be in full force, until altered or repealed by the legislature, such parts only excepted, as are repugnant to the rights and liberties contained in this constitution.

Art. 7. The privilege and benefit of the writ of habeas corpus shall be enjoyed in this commonwealth in the most free easy cheap expeditious and ample manner and shall not be suspended by the legislature, except upon the most urgent and pressing occasions and for a limited time, not exceeding twelve months.

Art. 8. The enacting style in making 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. 9. To the end there may be no failure of justice or danger arise to the commonwealth from a change of the form of government all officers, civil and military, holding_commissions under the government and people of Massachusetts Bay, in New England, and all other officers of the said government and people, at the time this constitution shall take effect, shall have hold use exercise and enjoy all the powers and authority to them granted or committed, until other persons shall be appointed in their stead; and all courts of law shall proceed in the execution of the business of their respective departments; and all the executive and legislative officers bodies and powers shall continue in full force, in the enjoyment and exercise of all their trusts, employments and authority, until the general court and the supreme and executive officers under this constitution are designated and invested with their respective trusts, powers and authority.

Art. 10. In order the more effectually to adhere to the principles of the constitution and to correct those violations, which by any means may be made therein, as well as to form such alterations, as from experience shall be found necessary, the general court, which shall be in the year of our Lord one thousand seven hundred and ninety-five shall issue precepts to the selectmen of the several towns and to the assessors of the unincorporated plantations, directing them to convene the qualified voters of their respective towns and plantations, for the purpose of collecting

their sentiments on the necessity or expediency of revising the constitution in order to amendments.

And if it shall appear, by the returns made, that two-thirds of the qualified voters throughout the State, who shall assemble and vote in consequence of the said precepts, are in favor of such revision or amendment, the general court shall issue precepts or direct them, to be issued from the secretary's office, to the several towns to elect delegates to meet in convention for the purpose aforesaid.

And said delegates to be chosen in the same manner and proportion, as their representatives in the second branch of the legislature are by this constitution to be chosen.

Art. 11. This form of government shall be enrolled on parchment and deposited in the secretary's office and be a part of the laws of the land; and printed copies thereof shall be prefixed to the book containing the laws of this commonwealth in all future editions of the said laws.

James Bowdoin, President.
Samuel Barrett, Secretary.

5. Constitution of the United States. 1787 Sept. 17.

Martens, Recueil des principaux traités... T. III (1791), 78-92; T. Farrar, Manual of the Constitution of the United States of America. Third edition (1872). S. 1 ff. [mit den Zusätzen]; B. P. Poore, The Federal and State Constitutions . . of the United States I, 13 ff. [mit den Zusätzen]. Deutsche Übersetzung: Die Constitutionen der europäischen Staaten seit den letzten 25 Jahren I (1817), 32-56. Französische Übersetzung: L. Tripier, Constitutions qui ont régi la France. 2. éd. (1879), 300 ff.

We, the people of the United States, in order to form a more perfect union, establish justice, insure domestic tranquillity, 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.

Art. I.

Sect. 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.

Sect. 2. [1] The house of representatives shall be composed of membres, 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 legistature.

[2] 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.

[3] 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 persons. The actual enumeration shall be made within three years after the first meeting of the Congress of the United States and within every subsequent term of ten years, in such manner as they shall by law direct. The number of representatives shall not exceed one for every thirty thousand, but each state shall have at least one representative; and until such enumeration shall be made, the state of New-Hampshire shall be entitled to chuse three, Massachusetts eight, Rhode Island and Providence Plantations one, Connecticut five, New York six, New Jersey four, Pennsylvania eight, Delaware one, Maryland six, Virginia ten, North Carolina five, South Carolina five and Georgia three.

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

[5] The house of representatives shall chuse their speaker and other officers; and shall have the sole power of impeachment.

Sect. 3. [1] 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.

[2] Immediately after they shall be assembled in consequence of the first election, they shall be divided, as nearly as may be, into three classes. The seats of the senators of the first class shall be vacated at the expiration of the second year, of the second class at the expiration of the fourth year and of the third class, at the expiration of the sixth year, so that one-third may be chosen every second year; and if vacancies happen by resignation or otherwise during the recess of the legislature of any state, the executive thereof may make temporary appointments until the next meeting of the legislature, which shall then fill such vacancies.

[3] No person shall be a senator, who shall not have attained to the age of thirty years and been nine years a citizen of the United States; and who shall not, when elected, be an inhabitant of that state, for which he shall be chosen.

[4] The vice-president of the United States shall be president of the senate, but shall have no vote, unless they be equally divided.

[5] The senate shall choose theif other officers and also a president pro tempore in the abscence of the vice-president or when he shall exercise the office of president of the United States.

[6] The senate shall have the sole power to try all impeachments. When sitting for that purpose, they shall be on oath or affirmation. When the president of the United States is tried, the chief-justice shall preside; and no person shall be convicted without the concurrence of two thirds of the members present.