The Volstead Act

The Volstead Act

The National Prohibition Act of 1919 (commonly called the Volstead Act) was enabling legislation enacted to provide for the implementation of the Eighteenth Amendment to the U.S. Constitution, which established National Prohibition of alcoholic beverages.

The Eighteenth Amendment was very brief and general in its provisions. It stated simply that “the manufacture, sale, or transportation of intoxicating liquors within, the importation thereof into, or the exportation thereof from the United States and all territory subject to the jurisdiction thereof for beverage purposes is hereby prohibited” and that “Congress and the several States shall have concurrent power to enforce this article by appropriate legislation.”

What constituted “intoxicating liquors” and other terms needed specific legal definitions as well as penalties to be legislated before enforcement could occur.

The required enabling law was called the Volstead Act after Congressman Andrew J. Volstead who chaired the Senate Judiciary Committee and whose job it was to sponsor the legislation. However, its author was largely Wayne Wheeler of the Anti-Saloon League who conceived and drafted the bill. Nevertheless, Prohibition transformed the name of an otherwise obscure legislator from Minnesota into a household word. The name Volstead was cursed by some, praised by others, but known by all.

The bill was vetoed by President Woodrow Wilson on both constitutional and ethical grounds but overridden by Congress on the same day, October 28, 1919.

You can read both the Eighteenth Amendment and the Volstead Act at the bottom of the page.

The Volstead Act was officially titled “An act to prohibit intoxicating beverages, and to regulate the manufacture, production, use, and sale of high-proof spirits for other than beverage purposes, and to insure an ample supply of alcohol and promote its use in scientific research and in the development of fuel, dye, and other lawful industries.” Thus, its title identified its three distinct purposes (1) to “prohibit intoxicating beverages,” (2) “to regulate the manufacture, production, use and sale of high proof spirits for other than beverage purposes,” and (3) to “insure an ample supply of alcohol and promote its use in scientific research and in the development of fuel, dye and other lawful industries.”

The Volstead Act specified that “no person shall manufacture, sell, barter, transport, import, export, deliver, furnish or possess any intoxicating liquor except as authorized by this act.” The act defined intoxicating liquor as any beverage over 0.5% alcohol and superseded all existing prohibition laws in effect in states with such legislation. Contrary to common belief it did not specifically prohibit the purchase or consumption of intoxicating liquors. For example, those who had stockpiled alcoholic beverages could legally consume them.

The Eighteenth Amendment was only 111 words whereas the Volstead Act was over 25 pages in length. Its provisions and their subsequent interpretation by courts were confusing. However, even as written, its provisions were complex. The day before it went into effect the New York Daily News interpreted the law for its readers:

• You may drink intoxicating liquor in your own home or in the home of a friend when you are a bona fide guest.
• You may buy intoxicating liquor on a bona fide medical prescription of a doctor. A pint can be bought every ten days.
• You may consider any place you live permanently as your home. If you have more than one home, you may keep a stock of liquor in each.
• You may keep liquor in any storage room or club locker, provided the storage place is for the exclusive use of yourself, family or bona fide guests.
• You may get a permit to move liquor when you change your residence.
• You may manufacture, sell or transport liquor for non-beverage or sacramental purposes provided you obtain a Government permit.
• You cannot carry a hip flask.
• You cannot give away or receive a bottle of liquor as a gift.
• You cannot take liquor to hotels or restaurants and drink it in the public dining room.
• You cannot buy or sell formulas or recipes for homemade liquors.
• You cannot ship liquor for beverage use.
• You cannot store liquor in any place except your own home.
• You cannot manufacture anything above one half of one percent (liquor strength) in your home.
• You cannot display liquor signs or advertisements on your premises.
• You cannot remove reserve stocks from storage. ¹

In spite of its thousands of words, the Volstead Act could obscure rather than clarify. The U.S. Attorney General was asked, for example, if it was illegal under the Act to publish or circulate George Washington’s recipe for making beer, even when it was a photographic copy of the recipe written in his own handwriting. ² Would hanging an antique alcohol ad in a private living room be illegal? Exactly what would be a bona fide guest? Even a casual reading of the Act reveals apparent inconsistencies. Legal rulings about different matters conflicted with each other and confusion reigned.

Effects of Prohibition

Within a week after the Eighteenth Amendment went into effect, small portable stills were on sale throughout the country. ³ California’s grape growers increased their acreage about 700 percent during the first five years of Prohibition and production increased dramatically to meet a booming demand for home-made wine. ⁴ The mayor of New York City even sent instructions on winemaking to all of his constituents. ⁵

There was also wort, or beer that had been halted in the manufacturing process before the yeast was added. The purchaser added yeast, let the wort ferment, and then filtered it. Since wort was sold before it contained alcohol, it was legal and openly sold throughout the entire country. ⁶ Organized smuggling of alcohol from Canada and elsewhere quickly developed. “Rum rows” existed off the coasts of large cities where ships lined up just beyond the three mile limit to off-load their cargoes onto speed boats. Murder and hijacking were common in this dangerous but lucrative business.

There was also the notorious and ever-present organized bootlegging. The scourge led to massive and widespread corruption of politicians and law enforcement agencies and helped finance powerful crime syndicates. The widespread corruption of public officials became a national scandal. Several rather typical cases reported by the New York Times in a short period illustrate the problem:

Fort Lauderdale, Florida – The sheriff, the assistant chief of police, and seventeen others, including policemen and deputy sheriffs, were arrested on charges of conspiracy.

Morris County, New Jersey – The former county prosecutor was found guilty of accepting bribes from liquor-law violators.

Philadelphia – A city magistrate was sentenced to six years in prison for accepting $87,993 in liquor graft during his ten months in office.

Edgewater, New Jersey – The mayor, the chief of police, two local detectives, a United States customs inspector, a New York police sergeant, and eight others were found guilty of conspiracy. A rum- runner confessed that he had paid them $61,000 to help land liquor worth one million dollars.

South Jacksonville, Florida – Practically the entire city administration, including the mayor, the chief of police, the president of the city council, the city commissioner, and the fire chief, were indicted by a federal grand jury. ⁷

In addition to the murders of law enforcement officers an even more common cause of death and disability were bootlegger’s hastily-made illegal products that were sometimes toxic and caused paralysis, blindness and death.

It became very difficult to convict those who violated Prohibition because public support for the law and its enforcement eroded dramatically. For example, of 7,000 arrests in New York between 1921 and 1923, only 27 resulted in convictions. ⁸ That is a conviction rate of only one for every 260 arrests.

In addition to being ineffective, Prohibition was counterproductive in that it led to the heavy and rapid consumption of alcohol in secretive, non-socially regulated and controlled ways. “People did not take the trouble to go to a speakeasy, present the password, and pay high prices for very poor quality alcohol simply to have a beer. When people went to speakeasies, they went to get drunk.” ⁹

The problems caused by Prohibition and its enforcement imposed enormous financial burdens on the nation, but bootleg, being untaxed, deprived the treasury of much needed revenue. A Congressional investigation (the Wickersham Commission report) found that two-thirds of the federal budget for law enforcement went to trying to police Prohibition.

Repeal of Prohibition

National Prohibition in the United States had been viewed by tens of millions of Americans as the solution to the nation’s poverty, crime, violence, and other ills and they eagerly embraced it. Upon establishment of the Noble Experiment in 1920, famous evangelist Billy Sunday staged a mock funeral for alcoholic beverages and then extolled the benefits of Prohibition. “The rein of tears is over,” he asserted. “The slums will soon be only a memory. We will turn our prisons into factories and our jails into storehouses and corncribs.”10 Since alcohol was to be banned and since it was seen as the cause of most, if not all, crime, some communities sold their jails. ¹¹

Unfortunately, Prohibition not only failed in its promises but actually created serious and disturbing social problems throughout society. This led to an increasing disillusionment by millions of Americans. Journalist H. L. Mencken wrote in 1925 that “Five years of prohibition have had, at lest, this one benign effect: they have completely disposed of all the favorite arguments of the Prohibitionists. None of the great boons and usufructs that were to follow the passage of the Eighteenth Amendment has come to pass. There is not less drunkenness in the Republic but more. There is not less crime, but more. There is not less insanity, but more. The cost of government is not smaller, but vastly greater. Respect for law has not increased, but diminished.” ¹²

Women, led by the Women’s Christian Temperance Union (WCTU), had been pivotal in bringing about National Prohibition. Their interest had been a moral one: protecting the family, women and children from the effects of alcohol abuse. And with the passage of time it became women who proved to be pivotal in repealing Prohibition. Their interest was again a moral one: prohibition was undermining the family and corrupting the morals of women and children. The Women’s Organization for National Prohibition Reform and other women’s groups called for change.

As disillusionment and dissatisfaction spread, the number of Repeal organizations and their membership grew and the demand for Repeal became louder and louder. They included the Association Against the Prohibition Amendment, Labor’s National Committee for the Modification of the Volstead Act, United Repeal Council, the Women’s Moderation Union, and the Voluntary Committee of Lawyers.

The Democratic Party platform in the 1932 election included an anti-Prohibition plank and Franklin Roosevelt ran for the presidency promising Repeal, which occurred on December 5, 1933. The popular vote for repeal of Prohibition was 74 percent in favor and 26 percent in opposition. ¹³ By a three to one vote, the American people rejected Prohibition; only one state opposed Repeal. The Eighteenth is the only Constitutional Amendment ever to be repealed.

The U.S. Supreme Court held that the Volstead Act had become null and unenforceable upon repeal of the Eighteenth Amendment because it had rested on a grant of authority to Congress by that Amendment. Therefore prosecutions for violations of the Act that had not reached final judgments of conviction before the date of Repeal had to be dismissed.

Although National Prohibition had been repealed, some states continued their own state-wide prohibition for decades. Even today there are hundreds of dry counties across the United States. About 18,000,000 people live in the approximately 10% of the area of the US that is dry. In addition, many vestiges of prohibition continue to exist across the entire country.

Happy throngs sang “Happy Days are Here Again!” and President Roosevelt would soon look back to what he called “The damnable affliction of Prohibition.” ¹⁴ But not everyone was happy and temperance leaders vowed to continue the fight. ¹⁵

The Present

The temperance movement never really died. It was relatively dormant for several decades after World War II, but has re-emerged with a new identity and modified ideology. It has been described variously as “neo-prohibition,” ¹⁶ “new temperance,” ¹⁷ “new Sobriety,” ¹⁸ “new Victorianism,” ¹⁹ and “new paternalism.” ²⁰ The consumption of beer, wine, and spirits had declined over the last quarter-century. But lower is never low enough for some people. As a critic of neo-drys wrote, “The slogan for the new temperance is, regarding alcohol, ‘less is better.'” ²¹ It is clear that:

In contemporary America, both the tactics and the tone of temperance sentiment have changed appreciably from the 1800s. Inebriety, licentiousness, moral depravity and sin have all but vanished form the extant vocabulary. The new contender for the status of moral purity would seem to be health (although ill- health has not yet achieved equivalence with religious fundamentalists’ conceptions of sin). Today, rallying cries once structured in terms of social order, home and basic decency are now framed in terms of health promotion and disease prevention. ²²

The renewed movement is based on the assumption that individuals cannot be trusted to make appropriate lifestyle choices. Therefore, “to protect people from themselves or to protect society, the state should pass legislation that enforces restrictions likely [in the belief of the reformers] to promote health by taking away the individual’s personal choice.” ²³ This, in spite of the fact that alcohol legislation in the United States already appears to be among the most stringent in the world.

Neo-prohibitionists believe that the per capita consumption of alcoholic beverages should be reduced by legislation that further restricts its sale and consumption and also by changing social norms to reduce the acceptability of drinking. They believe that alcohol should be stigmatized and that drinking should be discouraged and “de-normalized.”

Opponents argue that drinking in moderation is associated with better health and greater longevity than is abstaining from alcohol.

The debate about alcoholic beverages and their place in society will likely extend long into the future. Several months before his death in a nursing home 1938, temperance leader John Brown Hammond was working to organize “The Eighteenth Amendment Rescue Association” and believed that Prohibition would eventually return. Only time will tell if he was correct.

The Virginia Declaration of Rights

          II That all power is vested in, and consequently derived from, the people; that magistrates 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, protection, and security of the people, nation or community; of all the various modes and forms of government that is best, which is capable of producing the greatest degree of happiness and safety and is most effectually secured against the danger of maladministration; and that, whenever any government shall be found inadequate or contrary to these purposes, a majority of the community hath an indubitable, unalienable, and indefeasible right to reform, alter or abolish it, in such manner as shall be judged most conducive to the public weal.

          IV That no man, or set of men, are entitled to exclusive or separate emoluments or privileges from the community, but in consideration of public services; which, not being descendible, neither ought the offices of magistrate, legislator, or judge be hereditary.

          V That the legislative and executive powers of the state should be separate and distinct from the judicative; and, that the members of the two first may be restrained from oppression by feeling and participating the burthens of the people, they should, at fixed periods, be reduced to a private station, return into that body from which they were originally taken, and the vacancies be supplied by frequent, certain, and regular elections in which all, or any part of the former members, to be again eligible, or ineligible, as the laws shall direct.

          VI That elections of members to serve as representatives of the people in assembly ought to be free; and that all men, having sufficient evidence of permanent common interest with, and attachment to, the community have the right of suffrage and cannot be taxed or deprived of their property for public uses without their own consent or that of their representatives so elected, nor bound by any law to which they have not, in like manner, assented, for the public good.

          VII That all power of suspending laws, or the execution of laws, by any authority without consent of the representatives of the people is injurious to their rights and ought not to be exercised.

          VIII That in all capital or criminal prosecutions a man hath a right to demand the cause and nature of his accusation to be confronted with the accusers and witnesses, to call for evidence in his favor, and to a speedy trial by an impartial jury of his vicinage, without whose unanimous consent he cannot be found guilty, nor can he be compelled to give evidence against himself; that no man be deprived of his liberty except by the law of the land or the judgement of his peers.

          IX That excessive bail ought not to be required, nor excessive fines imposed; nor cruel and unusual punishments inflicted.

          X That general warrants, whereby any officer or messenger may be commanded to search suspected places without evidence of a fact committed, or to seize any person or persons not named, or whose offense is not particularly described and supported by evidence, are grievous and oppressive and ought not to be granted.

          XI That in controversies respecting property and in suits between man and man, the ancient trial by jury is preferable to any other and ought to be held sacred.

          XII That the freedom of the press is one of the greatest bulwarks of liberty and can never be restrained but by despotic governments.

          XIII That a well regulated militia, composed of the body of the people, trained to arms, is the proper, natural, and safe defense of a free state; that standing armies, in time of peace, should be avoided as dangerous to liberty; and that, in all cases, the military 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 no government separate from, or independent of, the government of Virginia, ought to be erected or established within the limits thereof.

          XV That no free government, or the blessings of liberty, can be preserved to any people but by a firm adherence to justice, moderation, temperance, frugality, and virtue and by frequent recurrence to fundamental principles.

          XVI That religion, or the duty which we owe to our Creator and the manner of discharging it, can be directed by reason and conviction, not by force or violence; and therefore, all men are equally entitled to the free exercise of religion, according to the dictates of conscience; and that it is the mutual duty of all to practice Christian forbearance, love, and charity towards each other.

The United States Constitution

The Federal Convention convened in the State House (Independence Hall) in Philadelphia on May 14, 1787, to revise the Articles of Confederation. Because the delegations from only two states were at first present, the members adjourned from day to day until a quorum of seven states was obtained on May 25. Through discussion and debate it became clear by mid-June that, rather than amend the existing Articles, the Convention would draft an entirely new frame of government. All through the summer, in closed sessions, the delegates debated, and redrafted the articles of the new Constitution. Among the chief points at issue were how much power to allow the central government, how many representatives in Congress to allow each state, and how these representatives should be elected—directly by the people or by the state legislators. The work of many minds, the Constitution stands as a model of cooperative statesmanship and the art of compromise.

We the people of the United States, in order to form a more perfect union, establish justice, insure domestic tranquility, provide for the common defense, 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.

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.

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.

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.

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 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.

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 choose 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.

Immediately after they shall be assembled in consequence of the first election, they shall be divided as equally 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 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.

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.

The Vice President of the United States shall be President of the Senate, but shall have no vote, unless they be equally divided.

The Senate shall choose their other officers, and also a President pro tempore, in the absence of the Vice President, or when he shall exercise the office of President of the United States.

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.

Judgment in cases of impeachment shall not extend further than to removal from office, and disqualification to hold and enjoy any office of honor, trust or profit under the United States: but the party convicted shall nevertheless be liable and subject to indictment, trial, judgment and punishment, according to law.

Section 4. The times, places and manner of holding elections for Senators and Representatives, shall be prescribed in each state by the legislature thereof; but the Congress may at any time by law make or alter such regulations, except as to the places of choosing Senators.

The Congress shall assemble at least once in every year, and such meeting shall be on the first Monday in December, unless they shall by law appoint a different day.

Section 5. Each House shall be the judge of the elections, returns and qualifications of its own members, and a majority of each shall constitute a quorum to do business; but a smaller number may adjourn from day to day, and may be authorized to compel the attendance of absent members, in such manner, and under such penalties as each House may provide.

Each House may determine the rules of its proceedings, punish its members for disorderly behavior, and, with the concurrence of two thirds, expel a member.

Each House shall keep a journal of its proceedings, and from time to time publish the same, excepting such parts as may in their judgment require secrecy; and the yeas and nays of the members of either House on any question shall, at the desire of one fifth of those present, be entered on the journal.

Neither House, during the session of Congress, shall, without the consent of the other, adjourn for more than three days, nor to any other place than that in which the two Houses shall be sitting.

Section 6. The Senators and Representatives shall receive a compensation for their services, to be ascertained by law, and paid out of the treasury of the United States. They shall in all cases, except treason, felony and breach of the peace, be privileged from arrest during their attendance at the session of their respective Houses, and in going to and returning from the same; and for any speech or debate in either House, they shall not be questioned in any other place.

No Senator or Representative shall, during the time for which he was elected, be appointed to any civil office under the authority of the United States, which shall have been created, or the emoluments whereof shall have been increased during such time: and no person holding any office under the United States, shall be a member of either House during his continuance in office.

Section 7. All bills for raising revenue shall originate in the House of Representatives; but the Senate may propose or concur with amendments as on other Bills.

Every bill which shall have passed the House of Representatives and the Senate, shall, before it become a law, be presented to the President of the United States; if he approve he shall sign it, but if not he shall return it, with his objections to that House in which it shall have originated, who shall enter the objections at large on their journal, and proceed to reconsider it. If after such reconsideration two thirds of that House shall agree to pass the bill, it shall be sent, together with the objections, to the other House, by which it shall likewise be reconsidered, and if approved by two thirds of that House, it shall become a law. But in all such cases the votes of both Houses shall be determined by yeas and nays, and the names of the persons voting for and against the bill shall be entered on the journal of each House respectively. If any bill shall not be returned by the President within ten days (Sundays excepted) after it shall have been presented to him, the same shall be a law, in like manner as if he had signed it, unless the Congress by their adjournment prevent its return, in which case it shall not be a law.

Every order, resolution, or vote to which the concurrence of the Senate and House of Representatives may be necessary (except on a question of adjournment) shall be presented to the President of the United States; and before the same shall take effect, shall be approved by him, or being disapproved by him, shall be repassed by two thirds of the Senate and House of Representatives, according to the rules and limitations prescribed in the case of a bill.

Section 8. The Congress shall have power to lay and collect taxes, duties, imposts and excises, to pay the debts and provide for the common defense and general welfare of the United States; but all duties, imposts and excises shall be uniform throughout the United States;

To borrow money on the credit of the United States;

To regulate commerce with foreign nations, and among the several states, and with the Indian tribes;

To establish a uniform rule of naturalization, and uniform laws on the subject of bankruptcies throughout the United States;

To coin money, regulate the value thereof, and of foreign coin, and fix the standard of weights and measures;

To provide for the punishment of counterfeiting the securities and current coin of the United States;

To establish post offices and post roads;

To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries;

To constitute tribunals inferior to the Supreme Court;

To define and punish piracies and felonies committed on the high seas, and offenses against the law of nations;

To declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water;

To raise and support armies, but no appropriation of money to that use shall be for 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, suppress insurrections and repel invasions;

To provide for organizing, arming, and disciplining, the militia, and for governing such part of them as may be employed in the service of the United States, reserving to the states respectively, the appointment of the officers, and the authority of training the militia according to the discipline prescribed by Congress;

To exercise exclusive legislation in all cases whatsoever, over such District (not exceeding ten miles square) as may, by cession of particular states, and the acceptance of Congress, become the seat of the government of the United States, and to exercise like authority over all places purchased by the consent of the legislature of the state in which the same shall be, for the erection of forts, magazines, arsenals, dockyards, and other needful buildings;–And

To make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the government of the United States, or in any department or officer thereof.

Section 9. The migration or importation of such persons as any of the states now existing shall think proper to admit, shall not be prohibited by the Congress prior to the year one thousand eight hundred and eight, but a tax or duty may be imposed on such importation, not exceeding ten dollars for each person.

The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it.

No bill of attainder or ex post facto Law shall be passed.

No capitation, or other direct, tax shall be laid, unless in proportion to the census or enumeration herein before directed to be taken.

No tax or duty shall be laid on articles exported from any state.

No preference shall be given by any regulation of commerce or revenue to the ports of one state over those of another: nor shall vessels bound to, or from, one state, be obliged to enter, clear or pay duties in another.

No money shall be drawn from the treasury, but in consequence of appropriations made by law; and a regular statement and account of receipts and expenditures of all public money shall be published from time to time.

No title of nobility shall be granted by the United States: and no person holding any office of profit or trust under them, shall, without the consent of the Congress, accept of any present, emolument, office, or title, of any kind whatever, from any king, prince, or foreign state.

Section 10. No state shall enter into any treaty, alliance, or confederation; grant letters of marque and reprisal; coin money; emit bills of credit; make anything but gold and silver coin a tender in payment of debts; pass any bill of attainder, ex post facto law, or law impairing the obligation of contracts, or grant any title of nobility.

No state shall, without the consent of the Congress, lay any imposts or duties on imports or exports, except what may be absolutely necessary for executing it’s inspection laws: and the net produce of all duties and imposts, laid by any state on imports or exports, shall be for the use of the treasury of the United States; and all such laws shall be subject to the revision and control of the Congress.

No state shall, without the consent of Congress, lay any duty of tonnage, keep troops, or ships of war in time of peace, enter into any agreement or compact with another state, or with a foreign power, or engage in war, unless actually invaded, or in such imminent danger as will not admit of delay.

Article II

Section 1. The executive power shall be vested in a President of the United States of America. He shall hold his office during the term of four years, and, together with the Vice President, chosen for the same term, be elected, as follows:

Each state shall appoint, in such manner as the Legislature thereof may direct, a number of electors, equal to the whole number of Senators and Representatives to which the State may be entitled in the Congress: but no Senator or Representative, or person holding an office of trust or profit under the United States, shall be appointed an elector.

The electors shall meet in their respective states, and vote by ballot for two persons, of whom one at least shall not be an inhabitant of the same state with themselves. And they shall make a list of all the persons voted for, and of the number of votes for each; which list they shall sign and certify, and transmit sealed to the seat of the government of the United States, directed to the President of the Senate. The President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates, and the votes shall then be counted. The person having the greatest number of votes shall be the President, if such number be a majority of the whole number of electors appointed; and if there be more than one who have such majority, and have an equal number of votes, then the House of Representatives shall immediately choose by ballot one of them for President; and if no person have a majority, then from the five highest on the list the said House shall in like manner choose the President. But in choosing the President, the votes shall be taken by States, the representation from each state having one vote; A quorum for this purpose shall consist of a member or members from two thirds of the states, and a majority of all the states shall be necessary to a choice. In every case, after the choice of the President, the person having the greatest number of votes of the electors shall be the Vice President. But if there should remain two or more who have equal votes, the Senate shall choose from them by ballot the Vice President.

The Congress may determine the time of choosing the electors, and the day on which they shall give their votes; which day shall be the same throughout the United States.

No person except a natural born citizen, 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 that office who shall not have attained to the age of thirty five years, and been fourteen Years a resident within the United States.

In case of the removal of the President from office, or of his death, resignation, or inability to discharge the powers and duties of the said office, the same shall devolve on the Vice President, and the Congress may by law provide for the case of removal, death, resignation or inability, both of the President and Vice President, declaring what officer shall then act as President, and such officer shall act accordingly, until the disability be removed, or a President shall be elected.

The President shall, at stated times, receive for his services, a compensation, which shall neither be increased nor diminished during the period for which he shall have been elected, and he shall not receive within that period any other emolument from the United States, or any of them.

Before he enter on the execution of his office, he shall take the following oath or affirmation:–“I do solemnly swear (or affirm) that I will faithfully execute the office of President of the United States, and will to the best of my ability, preserve, protect and defend the Constitution of the United States.”

Section 2. The President shall be commander in chief of the Army and Navy of the United States, and of the militia of the several states, when called into the actual service of the United States; he may require the opinion, in writing, of the principal officer in each of the executive departments, upon any subject relating to the duties of their respective offices, and he shall have power to grant reprieves and pardons for offenses against the United States, except in cases of impeachment.

He shall have power, by and with the advice and consent of the Senate, to make treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the advice and consent of the Senate, shall appoint ambassadors, other public ministers and consuls, judges of the Supreme Court, and all other officers of the United States, whose appointments are not herein otherwise provided for, and which shall be established by law: but the Congress may by law vest the appointment of such inferior officers, as they think proper, in the President alone, in the courts of law, or in the heads of departments.

The President shall have power to fill up all vacancies that may happen during the recess of the Senate, by granting commissions which shall expire at the end of their next session.

Section 3. He shall from time to time give to the Congress information of the state of the union, and recommend to their consideration such measures as he shall judge necessary and expedient; he may, on extraordinary occasions, convene both Houses, or either of them, and in case of disagreement between them, with respect to the time of adjournment, he may adjourn them to such time as he shall think proper; he shall receive ambassadors and other public ministers; he shall take care that the laws be faithfully executed, and shall commission all the officers of the United States.

Section 4. The President, Vice President and all civil officers of the United States, shall be removed from office on impeachment for, and conviction of, treason, bribery, or other high crimes and misdemeanors.

Article III

Section 1. The judicial power of the United States, shall be vested in one Supreme Court, and in such inferior courts as the Congress may from time to time ordain and establish. The judges, both of the supreme and inferior courts, shall hold their offices during good behaviour, and shall, at stated times, receive for their services, a compensation, which shall not be diminished during their continuance in office.

Section 2. The judicial power shall extend to all cases, in law and equity, arising under this Constitution, the laws of the United States, and treaties made, or which shall be made, under their authority;–to all cases affecting ambassadors, other public ministers and consuls;–to all cases of admiralty and maritime jurisdiction;–to controversies to which the United States shall be a party;–to controversies between two or more states;–between a state and citizens of another state;– between citizens of different states;–between citizens of the same state claiming lands under grants of different states, and between a state, or the citizens thereof, and foreign states, citizens or subjects.

In all cases affecting ambassadors, other public ministers and consuls, and those in which a state shall be party, the Supreme Court shall have original jurisdiction. In all the other cases before mentioned, the Supreme Court shall have appellate jurisdiction, both as to law and fact, with such exceptions, and under such regulations as the Congress shall make.

The trial of all crimes, except in cases of impeachment, shall

be by jury; and such trial shall be held in the state where the said crimes shall have been committed; but when not committed within any state, the trial shall be at such place or places as the Congress may by law have directed.

Section 3. Treason against the United States, shall consist only in levying war against them, or in adhering to their enemies, giving them aid and comfort. No person shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or on confession in open court.

The Congress shall have power to declare the punishment of treason, but no attainder of treason shall work corruption of blood, or forfeiture except during the life of the person attainted.

Article IV

Section 1. Full faith and credit shall be given in each state to the public acts, records, and judicial proceedings of every other state. And the Congress may by general laws prescribe the manner in which such acts, records, and proceedings shall be proved, and the effect thereof.

Section 2. The citizens of each state shall be entitled to all privileges and immunities of citizens in the several states.

A person charged in any state with treason, felony, or other crime, who shall flee from justice, and be found in another state, shall on demand of the executive authority of the state from which he fled, be delivered up, to be removed to the state having jurisdiction of the crime.

No person held to service or labor in one state, under the laws thereof, escaping into another, shall, in consequence of any law or regulation therein, be discharged from such service or labor, but shall be delivered up on claim of the party to whom such service or labor may be due.

Section 3. New states may be admitted by the Congress into this union; but no new states shall be formed or erected within the jurisdiction of any other state; nor any state be formed by the junction of two or more states, or parts of states, without the consent of the legislatures of the states concerned as well as of the Congress.

The Congress shall have power to dispose of and make all needful rules and regulations respecting the territory or other property belonging to the United States; and nothing in this Constitution shall be so construed as to prejudice any claims of the United States, or of any particular state.

Section 4. The United States shall guarantee to every state in this union a republican form of government, and shall protect each of them against invasion; and on application of the legislature, or of the executive (when the legislature cannot be convened) against domestic violence.

Article V

The Congress, whenever two thirds of both houses shall deem it necessary, shall propose amendments to this Constitution, or, on the application of the legislatures of two thirds of the several states, shall call a convention for proposing amendments, which, in either case, shall be valid to all intents and purposes, as part of this Constitution, when ratified by the legislatures of three fourths of the several states, or by conventions in three fourths thereof, as the one or the other mode of ratification may be proposed by the Congress; provided that no amendment which may be made prior to the year one thousand eight hundred and eight shall in any manner affect the first and fourth clauses in the ninth section of the first article; and that no state, without its consent, shall be deprived of its equal suffrage in the Senate.

Article VI

All debts contracted and engagements entered into, before the adoption of this Constitution, shall be as valid against the United States under this Constitution, as under the Confederation.

This Constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the Constitution or laws of any State to the contrary notwithstanding.

The Senators and Representatives before mentioned, and the members of the several state legislatures, and all executive and judicial officers, both of the United States and of the several states, shall be bound by oath or affirmation, to support this Constitution; but no religious test shall ever be required as a qualification to any office or public trust under the United States.

Article VII

The ratification of the conventions of nine states, shall be sufficient for the establishment of this Constitution between the states so ratifying the same.

Done in convention by the unanimous consent of the states present the seventeenth day of September in the year of our Lord one thousand seven hundred and eighty seven and of the independence of the United States of America the twelfth. In witness whereof We have hereunto subscribed our Names,

G. Washington-President. and deputy from Virginia

New Hampshire: John Langdon, Nicholas Gilman

Massachusetts: Nathaniel Gorham, Rufus King

Connecticut: Wm: Samuel. Johnson, Roger Sherman

New York: Alexander Hamilton

New Jersey: William: Livingston, David Breardly, Wm. Paterson, Johna: Dayton

Pennsylvania: B. Franklin, Thomas Mifflin, Robert. Morris, Geo. Clymer, Thos. FitzSimons, Jared Ingersoll, James Wilson, Guv Morris

Delaware: Geo: Read, Gunning Bedford junior, John Dickinson, Richard Bassett, Jacob: Broom

Maryland: James McHenry, Dan of St Thos. Jenifer, Danl Carroll

Virginia: John Blair–, James Madison Jr.

North Carolina: Wm. Blount, Richard. Dobbs Spaight, Hu Williamson

South Carolina: J. Rutledge, Charles Cotesworth Pinckney, Charles Pinckney, Pierce Butler

Georgia: William Few, Abraham Baldwin

The Treaty of Greenville

To put an end to a destructive war, to settle all controversies, and to restore harmony and friendly intercourse between the said United States and Indian tribes, Anthony Wayne, major general commanding the army of the United States, and sole commissioner for the good purposes above mentioned, and the said tribes of Indians, by their sachems, chiefs, and warriors, met together at Greenville, the head quarters of the said army, have agreed on the following articles, which, when ratified by the President, with the advice and consent of the Senate of the United States, shall be binding on them and the said Indian tribes.

ARTICLE I

Henceforth all hostilities shall cease; peace is hereby established, and shall be perpetual; and a friendly intercourse shall take place between the said United States and Indian tribes.

ARTICLE II

All prisoners shall, on both sides, be restored. The Indians, prisoners to the United States, shall be immediately set at liberty. The people of the United States, still remaining prisoners among the Indians, shall be delivered up in ninety days from the date hereof, to the general or commanding officer at Greeneville, Fort Wayne, or Fort Defiance; and ten chiefs of the said tribes shall remain at Greeneville as hostages, until the delivery of the prisoners shall be effected.

ARTICLE III

The general boundary line between the lands of the United States and the lands of the said Indian tribes, shall begin at the mouth of Cayahoga river, and run thence up the same to the portage, between that and the Tuscarawas branch of the Muskingum, thence down that branch to the crossing place above Fort Lawrence, thence westerly to a fork of that branch of the Great Miami river, running into the Ohio, at or near which fork stood Loromie’s store, and where commences the portage between the Miami of the Ohio, and St. Mary’s river, which is a branch ofthe Miami which runs into lake Erie; thence a westerly course to Fort Recovery, which stands on a branch of the Wabash; thence south-westerly in a direct line to the Ohio, so as to intersect that river opposite the mouth of Kentucke or Cuttawa river. And in consideration of the peace now established; of the goods formerly received from the United States; of those now to be delivered; and of the yearly delivery of goods now stipulated to be made hereafter; and to indemnify the United States for the injuries and expenses they have sustained during the war, the said Indian tribes do hereby cede and relinquish forever, all their claims to the lands lying eastwardly and southwardly of the general boundary line now described: and these lands, or any part of them, shall never hereafter be made a cause or pretence, on the part of the said tribes, or any of them, of war or injury to the United States, or any of the people thereof. And for the same considerations, and as an evidence of the returning friendship of the said Indian tribes, of their confidence in the United States, and desire to provide for their accommodations, and for that convenient intercourse which will be beneficial to both parties, the said Indian tribes do also cede to the United States the following pieces of land, to wit: (1) One piece of land six miles square, at or near Loromie’s store, before mentioned. (2) One piece two miles square, at the head of the navigable water or landing, on the St. Mary’s river, near Girty’s town. (3) One piece six miles square, at the head of the navigable water of the Auglaize river. (4) One piece six miles square, at the confluence of the Auglaize and Miami rivers, where Fort Defiance now stands. (5) One piece six miles square, at or near the confluence of the rivers St. Mary’s and St. Joseph’s, where Fort Wayne now stands, or near it. (6) One piece two miles square, on the Wabash river, at the end of the portage from the Miami of the lake, and about eight miles westward from Fort Wayne. (7) One piece six miles square, at the Ouatanon, or Old Wea towns, on the Wabash river. (8) One piece twelve miles square, at the British fort on the Miami of the lake, at the foot of the rapids. (9) One piece six miles square, at the mouth of the said river, where it empties into the lake. (10) One piece six miles square, upon Sandusky lake, where a fort formerly stood. (11) One piece two miles square, at the lower rapids of Sandusky river. (12) The post of Detroit, and all the land to the north, the west and the south of it, of which the Indian title has been extinguished by gifts or grants to the French or English governments: and so much more land to be annexed to the district of Detroit, as shall be comprehended between the river Rosine, on the south, Lake St. Clair on the north, and a line, the general course whereof shall be six miles distant from the west end of lake Erie and Detroit river. (13) The post of Michilimackinac, and all the land on the island on which that post stands, and the main land adjacent, of which the Indian title has been extinguished by gifts or grants to the French or English governments; and a piece of land on the main to the north of the island, to measure six miles, on Lake Huron, or the strait between lakes Huron and Michigan, and to extend three miles back from the water of the lake or strait; and also, the Island De Bois Blane, being an extra and voluntary gift of the Chippewa nation. (14) One piece of land six miles square, at the mouth of Chikagoriver, emptying into the southwest end of LakeMichigan, where a fort formerly stood. (15) One piece twelve miles square, at or near the mouth of the Illinois river, emptying into the Mississippi. (16) One piece six miles square, at the old Piorias fort and village near the south end of the Illinois lake, on said Illinois river. And whenever the United States shall think proper to survey and mark the boundaries of the lands hereby ceded to them, they shall give timely notice thereof to the said tribes of Indians, that they may appoint some of their wise chiefs to attend and see that the lines are run according to the terms of this treaty. And the said Indian tribes will allow to the people of the United States a free passage by land and by water, as one and the other shall be found convenient, through their country, along the chain of posts herein-before mentioned; that is to say, from the commencement of the portage aforesaid, at or near Loromie’s store, thence along said portage to the St. Mary’s, and down the same to fort Wayne, and then down the Miami, to lake Erie; again, from the commencement of the portage at or near Loromie’s store along the portage from thence to the river Auglaize, and down thesame to its junction with the Miami at fort Defiance; again, from the commencement of the portage aforesaid, to Sandusky river, and down the same to Sandusky bay and lake Erie, and from Sandusky to the post which shall be taken at or near the foot of the Rapids of the Miami of the lake; and from thence to Detroit. Again, from the mouth of Chikago, to the commencement of the portage, between that river and the Illinois, and down the Illinois river to the Mississippi; also, from Fort Wayne, along the portage aforesaid, which leads to the Wabash, and then down the Wabash to the Ohio. And the said Indian tribes will also allow to the people of the United States, the free use of the harbors and mouths of rivers along the lakes adjoining the Indian lands, for sheltering vessels and boats, and liberty to land their cargoes where necessary for their safety.

ARTICLE IV

In consideration of the peace now established, and of the cessions and relinquishment of lands made in the preceding article by the said tribes of Indians, and to manifest the liberality of the United States, as the great means of rendering this peace strong and perpetual, the United States relinquish their claims to all other Indian lands northward of the river Ohio, eastward of the Mississippi, and westward and southward of the Great Lakes and the waters, uniting them, according to the boundary line agreed on by the United States and the King of Great Britain, in the treaty of peace made between them in the year 1783. But from this relinquishment by the United States, the following tracts of land are explicitly excepted: 1st. The tract on one hundred and fifty thousand acres near the rapids of the river Ohio, which has been assigned to General Clark, for the use of himself and his warriors. 2nd. The post of St. Vincennes, on the River Wabash, and the lands adjacent, of which the Indian title has been extinguished. 3rd. The lands at all other places in possession of the French people and other white settlers among them, of which the Indian title has been extinguished as mentioned in the 3d article; and 4th. The post of fort Massac towards the mouth of the Ohio. To which several parcels of land so excepted, the said tribes relinquish all the title and claim which they or any of them may have. And for the same considerations and with the same views as above mentioned, the United States now deliver to the said Indian tribes a quantity of goods to the value of twenty thousand dollars, the receipt whereof they do hereby acknowledge; and henceforward every year, forever, the United States will deliver, at some convenient place northward of the river Ohio, like useful goods, suited to the circumstances of the Indians, of the value of nine thousand five hundred dollars; reckoning that value at the first cost of the goods in the city or place in the United States where they shall be procured. The tribes to which those goods are to be annually delivered, and the proportions in which they are to be delivered, are the following: 1st. To the Wyandots, the amount of one thousand dollars. 2nd. To the Delawares, the amount of one thousand dollars. 3rd. To the Shawanees, the amount of one thousand dollars. 4th. To the Miamis, the amount of one thousand dollars. 5th. To the Ottawas, the amount of one thousand dollars. 6th. To the Chippewas, the amount of one thousand dollars. 7th. To the Pattawatimas, the amount of one thousand dollars, and 8th. To the Kickapoo, Wea, Eel River, Piankeshaw, and Kaskaskia tribes, the amount of five hundred dollars each. Provided, that if either of the said tribes shall hereafter, at an annual delivery of their share of the goods aforesaid, desire that a part of their annuity should be furnished in domestic animals, implements of husbandry, and other utensils convenient for them, and in compensation to useful artificers who may reside with or near them, and be employed for their benefit, the same shall, at the subsequent annual deliveries, be furnished accordingly.

ARTICLE V

To prevent any misunderstanding about the Indian lands relinquished by the United States in the fourth article, it is now explicitly declared, that the meaning of that relinquishment is this: the Indian tribes who have a right to those lands, are quietly to enjoy them, hunting, planting, and dwelling thereon, so long as they please, without any molestation from the United States; but when those tribes, or any of them, shall be disposed to sell their lands, or any part of them, they are to be sold only to the United States; and until such sale, the United States will protect all the said Indian tribes in the quiet enjoyment of their lands against all citizens of the United States, and against all other white persons who intrude upon the same. And the said Indian tribes again acknowledge themselves to be under the protection of the said United States, and no other power whatever.

ARTICLE VI

If any citizen of the United States, or any other white person or persons, shall presume to settle upon the lands now relinquished by the United States, such citizen or other person shall be out of the protection of the United States; and the Indian tribe, on whose land the settlement shall be made, may drive off the settler, or punish him in such manner as they shall think fit; and because such settlements, made without the consent of the United States, will be injurious to them as well as to the Indians, the United States shall be at liberty to break them up, and remove and punish the settlers as they shall think proper, and so effect that protection of the Indian lands herein before stipulated.

ARTICLE VII

The said tribes of Indians, parties to this treaty, shall be at liberty to hunt within the territory and lands which they have now ceded to the United States, without hindrance or molestation, so long as they demean themselves peaceably, and offer no injury to the people of the United States.

ARTICLE VIII

Trade shall be opened with the said Indian tribes; and they do hereby respectively engage to afford protection to such persons, with their property, as shall be duly licensed to reside among them for the purpose of trade; and to their agents and servants; but no person shall be permitted to reside among them for the purpose of trade; and to their agents and servants; but no person shall be permitted to reside at any of their towns or hunting camps, as a trader, who is not furnished with a license for that purpose, under the hand and seal of the superintendent of the department northwest of the Ohio, or such other person as the President of the United States shall authorize to grant such licenses; to the end, that the said Indians may not be imposed on in their trade. And if any licensed trader shall abuse his privilege by unfair dealing, upon complaint and proof thereof, his license shall be taken from him, and he shall be further punished according to the laws of the United States. And if any person shall intrude himself as a trader, without such license, the said Indians shall take and bring him before the superintendent, or his deputy, to be dealt with according to law. And to prevent impositions by forged licenses, the said Indians shall, at lease once a year, give information to the superintendent, or his deputies, on the names of the traders residing among them.

ARTICLE IX

Lest the firm peace and friendship now established, should be interrupted by the misconduct of individuals, the United States, and the said Indian tribes agree, that for injuries done by individuals on either side, no private revenge or retaliation shall take place; but instead thereof, complaint shall be made by the party injured, to the other: by the said Indian tribes or any of them, to the President of theUnited States, or the superintendent by him appointed; and by the superintendent or other person appointed by the President, to the principal chiefs of the said Indian tribes, or of the tribe to which the offender belongs; and such prudent measures shall then betaken as shall be necessary to preserve the said peace and friendship unbroken, until the legislature (or great council) of the United States, shall make other equitable provision in the case, to the satisfaction of both parties. Should any Indian tribes meditate a war against the United States, or either of them, and the same shall come to the knowledge of the before-mentioned tribes, or either of them, they do hereby engage to give immediate notice thereof to thegeneral, or officer commanding the troops of theUnited States, at the nearest post.

And should any tribe, with hostile intentions against the United States, or either of them, attempt to pass through their country, they will endeavor to prevent the same, and in like manner give information of such attempt, to the general, or officer commanding, as soon as possible, that all causes of mistrust and suspicion may be avoided between them and the United States. In like manner, the United States shall give notice to the said Indian tribes of any harm that maybe meditated against them, or either of them, that shall come to their knowledge; and do all in their power to hinder and prevent the same, that the friendship between them may be uninterrupted.

ARTICLE X

All other treaties heretofore made between the United States, and the said Indian tribes, or any of them, since the treaty of 1783, between theUnited States and Great Britain, that come within the purview of this treaty, shall henceforth cease and become void.

In testimony whereof, the said Anthony Wayne, and the sachems and war chiefs of the before-mentioned nations and tribes of Indians, have hereunto set their hands and affixed their Seals.

Done at Greeneville, in the territory of the United States north-west of the river Ohio, on the third Day of August, one thousand seven hundred and ninety-five.

WYANDOTS.

Tarhe, or Crane, his x mark L.S.
J. Williams, jun. his x mark, L.S.
Teyyaghtaw, his x mark, L.S.
Haroenyou, (or half king’s son), his x mark, L.S.
Tehaawtorens, his x mark, L.S.
Awmeyeeray, his x mark, L.S.
Stayetah, his x mark L.S.
Shateyyaronyah, or (Leather Lips), his x mark, L.S.
Daughshuttayah, his x mark L.S.
Shaawrunthe, his x mark L.S.

DELAWARES.

Tetabokshke, (or Grand Glaize King), his x mark, L.S.
Lemantanquis, (or Black King), his x mark, L.S.
Wabatthoe, his x mark, L.S.
Maghpiway, (or Red Feather), his x mark, L.S.
Kikthawenund, (or Anderson), his x mark, L.S.
Bukongehelas, his x mark, L.S.
Peekeelund, his x mark, L.S.
Wellebawkeelund, his x mark, L.S.
Peekeetelemund, (or Thomas Adams), his x mark, L.S.
Kishkopekund, (or Captain Buffalo), his x mark, L.S.
Amenahehan, (or Captain Crow), his x mark, L.S.
Queshawksey, (or George Washington), his x mark, L.S.
Weywinquis, (or Billy Siscomb), his x mark, L.S.
Moses, his x mark, L.S.

SHAWANOES.

Misquacoonacaw, (or Red Pole), his x mark, L.S.
Cutthewekasaw, (or Black Hoof), his x mark, L.S.
Kaysewaesekah, his x mark, L.S.
Weythapamattha, his x mark, L.S.
Nianysmeka, his x mark, L.S.
Waytheah, (or Long Shanks), his x mark, L.S.
Weyapiersenwaw, (or Blue Jacket), his x mark, L.S.
Nequetaughaw, his x mark, L.S.
Hahgoosekaw, (or Captain Reed), his x mark, L.S.

OTTAWAS.

Augooshaway, his x mark, L.S.
Keenoshameek, his x mark, L.S.
La Malice, his x mark, L.S.
Machiwetah, his x mark, L.S.
Thowonawa, his x mark, L.S.
Secaw, his x mark, L.S.

CHIPPEWAS.

Mashipinashiwish, (or Bad Bird), his x mark, L.S.
Nahshogashe, (from Lake Superior), his x mark, L.S.
Kathawasung, his x mark, L.S.
Masass, his x mark, L.S.
Nemekass, (or Little Thunder), his x mark, L.S.
Peshawkay, (or Young Ox), his x mark, L.S.
Nanguey, his x mark, L.S.
Meenedohgeesogh, his x mark, L.S.
Peewanshemenogh, his x mark, L.S.
Weymegwas, his x mark, L.S.
Gobmaatick, his x mark, L.S.

OTTAWA.

Chegonickska, an Ottawa from Sandusky, his x mark, L.S.

PUTAWATIMES OF THE RIVER ST. JOSEPH.

Thupenebu, his x mark, L.S.
Nawac, for himself and brother Etsimethe, his x mark, L.S.
Nenanseka, his x mark, L.S.
Keesass, or Run, his x mark, L.S.
Kabamasaw, for himself and brother Chisaugan, his x mark, L.S.
Sugganunk, his x mark, L.S.
Wapmeme, (or White Pigeon), his x mark, L.S.
Wacheness, for himself and brother Pedagoshok, his x mark, L.S.
Wabshicawnaw, his x mark, L.S.
La Chasse, his x mark, L.S.
Meshegethenogh, for himself and brother, Wawasek, his x mark, L.S.
Hingoswash, his x mark, L.S.
Anewasaw, his x mark, L.S.
Nawbudgh, his x mark, L.S.
Missenogomaw, his x mark, L.S.
Waweegshe, his x mark, L.S.
Thawme, or Le Blanc, his x mark, L.S.
Geeque, for himself and brother Shewinse, his x mark, L.S.

PATAWATAMES OF HURON.

Okia, his x mark, L.S.
Chamung, his x mark, L.S.
Segagewan, his x mark, L.S.
Nanawme, for himself and brother A. Gin, his x mark, L.S.
Marchand, his x mark, L.S.
Wenameac, his x mark, L.S.

MIAMIES.
Nagohquangogh, (or Le Gris), his x mark, L.S.
Meshekunnoghquoh, (or Little Turtle), his x mark, L.S.

MIAMIS AND EEL RIVER.

Peejeewa, (or Richard Ville), his x mark, L.S.
Cochkepoghtogh, his x mark, L.S.

EEL RIVER TRIBE.

Shamekunnesa, (or Soldier), his x mark, L.S.

MIAMIS.

Wapamangwa, (or the White Loon), his x mark, L.S.

WEAS, FOR THEMSELVES AND THE PIANKASHAWS.

Amacunsa, (or Little Beaver), his x mark, L.S.
Acoolatha, (or Little Fox), his x mark, L.S.
Francis, his x mark, L.S.

KICKAPOOS AND KASKASKIAS.

Keeawhah, his x mark, L.S.
Nemighka, (or Josey Renard), his x mark, L.S.
Paikeekanogh, his x mark, L.S.

DELAWARES OF SANDUSKY.

Hawkinpumiska, his x mark, L.S.
Peyamawksey, his x mark, L.S.
Reyntueco, (of the Six Nations, living at Sandusky), his x mark, L.S.

H. De Butts, first A.D.C. and Sec’y to Major Gen. Wayne,
Wm. H. Harrison, Aid de Camp to Major Gen. Wayne,
T. Lewis, Aid de Camp to Major Gen. Wayne,
James O’Hara, Quartermaster Gen’l.
John Mills, Major of Infantry, and Adj. Gen’l.
Caleb Swan, P.M.T.U.S.
Gen. Demter, Lieut. Artillery,
Vigo, P. Frs. La Fontaine, Ast. Lasselle, Sworn interpreters.
H. Lasselle,
Wm. Wells, Js.
Beau Bien,
Jacques Lasselle,
David Jones, Chaplain U.S.
S. M. Morins,
Lewis Beaufait,
Bt. Sans Crainte,
R. Lachambre,
Christopher Miller,
Jas. Pepen,
Robert Wilson,
Baties Coutien,
Abraham Williams, his x mark
P. Navarre.
Isaac Zane, his x mark

The Star Spangled Banner

The Star Spangled Banner

(The Defense of Fort McHenry)

September 20, 1814

By Francis Scott Key

Oh, say can you see, by the dawn’s early light,
What so proudly we hailed at the twilight’s last gleaming?
Whose broad stripes and bright stars, through the perilous fight,
O’er the ramparts we watched, were so gallantly streaming?
And the rockets’ red glare, the bombs bursting in air,
Gave proof through the night that our flag was still there.
O say, does that star-spangled banner yet wave
O’er the land of the free and the home of the brave?

On the shore, dimly seen through the mists of the deep,
Where the foe’s haughty host in dread silence reposes,
What is that which the breeze, o’er the towering steep,
As it fitfully blows, now conceals, now discloses?
Now it catches the gleam of the morning’s first beam,
In full glory reflected now shines on the stream:
‘Tis the star-spangled banner! O long may it wave
O’er the land of the free and the home of the brave.

And where is that band who so vauntingly swore
That the havoc of war and the battle’s confusion
A home and a country should leave us no more?
Their blood has wiped out their foul footstep’s pollution.
No refuge could save the hireling and slave
From the terror of flight, or the gloom of the grave:
And the star-spangled banner in triumph doth wave
O’er the land of the free and the home of the brave.

Oh! thus be it ever, when freemen shall stand
Between their loved homes and the war’s desolation!
Blest with victory and peace, may the heaven-rescued land
Praise the Power that hath made and preserved us a nation.
Then conquer we must, for our cause it is just,
And this be our motto: “In God is our trust.”
And the star-spangled banner forever shall wave
O’er the land of the free and the home of the brave!

The Sedition Act of 1798

          SEC. I Be it enacted . . ., That if any persons shall unlawfully combine or conspire together, with intent to oppose any measure or measures of the government of the United States, which are or shall be directed by proper authority, or to impede the operation of any law of the United States, or to intimidate or prevent any person holding a place or office in or under the government of the United States, from undertaking, performing or executing his trust or duty; and if any person or persons, with intent as aforesaid, shall counsel, advise or attempt to procure any insurrection, riot. unlawful assembly, or combination, whether such conspiracy, threatening, counsel, advice, or attempt shall have the proposed effect or not, he or they shall be deemed guilty of a high misdemeanor, and on conviction, before any court of the United States having jurisdiction thereof, shall be punished by a fine not exceeding five thousand dollars, and by imprisonment during a term not less than six months nor exceeding five years; and further, at the discretion of the court may be holden to find sureties for his good behaviour in such sum, and for such time, as the said court may direct.

          SEC. 2. That if any person shall write, print, utter. Or publish, or shall cause or procure to be written, printed, uttered or published, or shall knowingly and willingly assist or aid in writing, printing, uttering or publishing any false, scandalous and malicious writing or writings against the government of the United States, or either house of the Congress of the United States, or the President of the United States, with intent to defame the said government, or either house of the said Congress, or the said President, or to bring them. or either of them, into contempt or disrepute; or to excite against them, or either or any of them, the hatred of the good people of the United States, or to excite any unlawful combinations therein, for opposing or resisting any law of the United States, or any act of the President of the United States, done in pursuance of any such law, or of the powers in him vested by the constitution of the United States, or to resist, oppose, or defeat any such law or act, or to aid, encourage or abet any hostile designs of any foreign nation against the United States, their people or government, then such person, being thereof convicted before any court of the United States having jurisdiction thereof, shall be punished by a fine not exceeding two thousand dollars, and by imprisonment not exceeding two years.

          SEC. 3. That if any person shall be prosecuted under this act, for the writing or publishing any libel aforesaid, it shall be lawful for the defendant, upon the trial of the cause, to give in evidence in his defence, the truth of the matter contained in the publication charged as a libel. And the jury who shall try the cause, shall have a right to determine the law and the fact, under the direction of the court, as in other cases.

          SEC. 4. That this act shall continue to be in force until March 3, 1801, and no longer….

The Rules

Things I did not learn in school.

By

Bill Gates

Love him or hate him, he sure hits the nail on the head with this! To anyone with kids of any age, here’s some advice.
Bill Gates recently gave a speech at a High School about 11 things they did not and will not learn in school. He talks about how feel-good, politically correct teachings created a generation of kids with no concept of reality and how this concept set them up for failure in the real world.

Rule 1: Life is not fair – get used to it.

Rule 2: The world won’t care about your self-esteem. The world will expect you to accomplish something BEFORE you feel good about yourself.

Rule 3: You will NOT make 40 thousand dollars a year right out of high school. You won’t be a vice-president with a car phone, until you earn both.

Rule 4: If you think your teacher is tough, wait till you get a boss. He doesn’t have tenure.

Rule 5: Flipping burgers is not beneath your dignity. Your grandparents had a different word for burger flipping – they called it opportunity.

Rule 6: If you mess up, it’s not your parents’ fault, so don’t whine about your mistakes~ learn from them.

Rule 7: Before you were born, your parents weren’t as boring as they are now. They got that way from paying your bills, cleaning your clothes and listening to you talk about how cool you are. So before you save the rain forest from the parasites of your parents’ generation, try delousing the closet in your own room.

Rule 8: Your school may have done away with winners and losers but life has not. In some schools they have abolished failing grades and they’ll give you as many times as you want to get the right answer. This doesn’t bear the slightest resemblance to ANYTHING in real life.

Rule 9: Life is not divided into semesters. You don’t get summers off and very few employers are interested in helping you find yourself. Do that on your own time.

Rule 10: Television is NOT real life. In real life people actually have to leave the coffee shop and go to jobs.

Rule 11: Be nice to nerds. Chances are you’ll end up working for one.

The Resolutions of the Stamp Act  (October 19, 1765)

1. That His Majesty’s subjects in these colonies, owe the same allegiance to the Crown of Great-Britain, that is owing from his subjects born within the realm, and all due subordination to that august body the Parliament of Great Britain.
2. That His Majesty’s liege subjects in these colonies, are entitled to all the inherent rights and liberties of his natural born subjects within the kingdom of Great-Britain.
3. That it is inseparably essential to the freedom of a people, and the undoubted right of Englishmen, that no taxes be imposed on them, but with their own consent, given personally, or by their representatives.
4. That the people of these colonies are not, and from their local circumstances cannot be, represented in the House of Commons in Great-Britain.
5. That the only representatives of the people of these colonies, are persons chosen therein by themselves, and that no taxes ever have been, or can be constitutionally imposed on them, but by their respective legislatures.
6. That all supplies to the Crown, being free gifts of the people, it is unreasonable and inconsistent with the principles and spirit of the British Constitution, for the people of Great-Britain to grant to His Majesty the property of the colonists.
7. That trial by jury is the inherent and invaluable right of every British subject in these colonies.
8. That the late Act of Parliament, entitled, An Act for granting and applying certain Stamp Duties, and other Duties, in the British colonies and plantations in America, etc., by imposing taxes on the inhabitants of these colonies, and the said Act, and several other Acts, by extending the jurisdiction of the courts of Admiralty beyond its ancient limits, have a manifest tendency to subvert the rights and liberties of the colonists.
9. That the duties imposed by several late Acts of Parliament, from the peculiar circumstances of these colonies, will be extremely burthensome and grievous; and from the scarcity of specie, the payment of them absolutely impracticable.
10. That as the profits of the trade of these colonies ultimately center in Great-Britain, to pay for the manufactures which they are obliged to take from thence, they eventually contribute very largely to all supplies granted there to the Crown.
11. That the restrictions imposed by several late Acts of Parliament, on the trade of these colonies, will render them unable to purchase the manufactures of Great-Britain.
12. That the increase, prosperity, and happiness of these colonies, depend on the full and free enjoyment of their rights and liberties, and an intercourse with Great-Britain mutually affectionate and advantageous.
13. That it is the right of the British subjects in these colonies, to petition the King, Or either House of Parliament.

          Lastly, That it is the indispensable duty of these colonies, to the best of sovereigns, to the mother country, and to themselves, to endeavour by a loyal and dutiful address to his Majesty, and humble applications to both Houses of Parliament, to procure the repeal of the Act for granting and applying certain stamp duties, of all clauses of any other Acts of Parliament, whereby the jurisdiction of the Admiralty is extended as aforesaid, and of the other late Acts for the restriction of American commerce.

The Proclamation of Neutrality

          A PROCLAMATION

          Whereas it appears that a state of war exists between Austria, Prussia, Sardinia, Great Britain, and the United Netherlands, of the one part, and France on the other; and the duty and interest of the United States require, that they should with sincerity and good faith adopt and pursue a conduct friendly and impartial toward the belligerant Powers;

          I have therefore thought fit by these presents to declare the disposition of the United States to observe the conduct aforesaid towards those Powers respectfully; and to exhort and warn the citizens of the United States carefully to avoid all acts and proceedings whatsoever, which may in any manner tend to contravene such disposition.

          And I do hereby also make known, that whatsoever of the citizens of the United States shall render himself liable to punishment or forfeiture under the law of nations, by committing, aiding, or abetting hostilities against any of the said Powers, or by carrying to any of them those articles which are deemed contraband by the modern usage of nations, will not receive the protection of the United States, against such punishment or forfeiture; and further, that I have given instructions to those officers, to whom it belongs, to cause prosecutions to be instituted against all persons, who shall, within the cognizance of the courts of the United States, violate the law of nations, with respect to the Powers at war, or any of them.

          In testimony whereof, I have caused the seal of the United States of America to be affixed to these presents, and signed the same with my hand. Done at the city of Philadelphia, the twenty-second day of April, one thousand seven hundred and ninety-three, and of the Independence of the United States of America the seventeenth.

                                        GEORGE WASHINGTON
April 22, 1793

The Paris Peace Treaty of 1783

Treaty of Paris (1783)

          It having pleased the Divine Providence to dispose the hearts of the most serene and most potent Prince George the Third, by the grace of God, king of Great Britain, France, and Ireland, defender of the faith, duke of Brunswick and Lunebourg, arch- treasurer and prince elector of the Holy Roman Empire etc., and of the United States of America, to forget all past misunderstandings and differences that have unhappily interrupted the good correspondence and friendship which they mutually wish to restore, and to establish such a beneficial and satisfactory intercourse , between the two countries upon the ground of reciprocal advantages and mutual convenience as may promote and secure to both perpetual peace and harmony; and having for this desirable end already laid the foundation of peace and reconciliation by the Provisional Articles signed at Paris on the 30th of November 1782, by the commissioners empowered on each part, which articles were agreed to be inserted in and constitute the Treaty of Peace proposed to be concluded between the Crown of Great Britain and the said United States, but which treaty was not to be concluded until terms of peace should be agreed upon between Great Britain and France and his Britannic Majesty should be ready to conclude such treaty accordingly; and the treaty between Great Britain and France having since been concluded, his Britannic Majesty and the United States of America, in order to carry into full effect the Provisional Articles above mentioned, according to the tenor thereof, have constituted and appointed, that is to say his Britannic Majesty on his part, David Hartley, Esqr., member of the Parliament of Great Britain, and the said United States on their part, John Adams, Esqr., late a commissioner of the United States of America at the court of Versailles, late delegate in Congress from the state of Massachusetts, and chief justice of the said state, and minister plenipotentiary of the said United States to their high mightinesses the States General of the United Netherlands; Benjamin Franklin, Esqr., late delegate in Congress from the state of Pennsylvania, president of the convention of the said state, and minister plenipotentiary from the United States of America at the court of Versailles; John Jay, Esqr., late president of Congress and chief justice of the state of New York, and minister plenipotentiary from the said United States at the court of Madrid; to be plenipotentiaries for the concluding and signing the present definitive treaty; who after having reciprocally communicated their respective full powers have agreed upon and confirmed the following articles.

Article 1:

          His Brittanic Majesty acknowledges the said United States, viz., New Hampshire, Massachusetts Bay, Rhode Island and Providence Plantations, Connecticut, New York, New Jersey, Pennsylvania, Maryland, Virginia, North Carolina, South Carolina and Georgia, to be free sovereign and independent states, that he treats with them as such, and for himself, his heirs, and successors, relinquishes all claims to the government, propriety, and territorial rights of the same and every part thereof.

Article 2:

          And that all disputes which might arise in future on the subject of the boundaries of the said United States may be prevented, it is hereby agreed and declared, that the following are and shall be their boundaries, viz.; from the northwest angle of Nova Scotia, viz., that nagle which is formed by a line drawn due north from the source of St. Croix River to the highlands; along the said highlands which divide those rivers that empty themselves into the river St. Lawrence, from those which fall into the Atlantic Ocean, to the northwesternmost head of Connecticut River; thence down along the middle of that river to the forty-fifth degree of north latitude; from thence by a line due west on said latitude until it strikes the river Iroquois or Cataraquy; thence along the middle of said river into Lake Ontario; through the middle of said lake until it strikes the communication by water between that lake and Lake Erie; thence along the middle of said communication into Lake Erie, through the middle of said lake until it arrives at the water communication between that lake and Lake Huron; thence along the middle of said water communication into Lake Huron, thence through the middle of said lake to the water communication between that lake and Lake Superior; thence through Lake Superior northward of the Isles Royal and Phelipeaux to the Long Lake; thence through the middle of said Long Lake and the water communication between it and the Lake of the Woods, to the said Lake of the Woods; thence through the said lake to the most northwesternmost point thereof, and from thence on a due west course to the river Mississippi; thence by a line to be drawn along the middle of the said river Mississippi until it shall intersect the northernmost part of the thirty-first degree of north latitude, South, by a line to be drawn due east from the determination of the line last mentioned in the latitude of thirty-one degrees of the equator, to the middle of the river Apalachicola or Catahouche; thence along the middle thereof to its junction with the Flint River, thence straight to the head of Saint Mary’s River; and thence down along the middle of Saint Mary’s River to the Atlantic Ocean; east, by a line to be drawn along the middle of the river Saint Croix, from its mouth in the Bay of Fundy to its source, and from its source directly north to the aforesaid highlands which divide the rivers that fall into the Atlantic Ocean from those which fall into the river Saint Lawrence; comprehending all islands within twenty leagues of any part of the shores of the United States, and lying between lines to be drawn due east from the points where the aforesaid boundaries between Nova Scotia on the one part and East Florida on the other shall, respectively, touch the Bay of Fundy and the Atlantic Ocean, excepting such islands as now are or heretofore have been within the limits of the said province of Nova Scotia.

Article 3:

          It is agreed that the people of the United States shall continue to enjoy unmolested the right to take fish of every kind on the Grand Bank and on all the other banks of Newfoundland, also in the Gulf of Saint Lawrence and at all other places in the sea, where the inhabitants of both countries used at any time heretofore to fish. And also that the inhabitants of the United States shall have liberty to take fish of every kind on such part of the coast of Newfoundland as British fishermen shall use, (but not to dry or cure the same on that island) and also on the coasts, bays and creeks of all other of his Brittanic Majesty’s dominions in America; and that the American fishermen shall have liberty to dry and cure fish in any of the unsettled bays, harbors, and creeks of Nova Scotia, Magdalen Islands, and Labrador, so long as the same shall remain unsettled, but so soon as the same or either of them shall be settled, it shall not be lawful for the said fishermen to dry or cure fish at such settlement without a previous agreement for that purpose with the inhabitants, proprietors, or possessors of the ground.

Article 4:

          It is agreed that creditors on either side shall meet with no lawful impediment to the recovery of the full value in sterling money of all bona fide debts heretofore contracted.

Article 5:

          It is agreed that Congress shall earnestly recommend it to the legislatures of the respective states to provide for the restitution of all estates, rights, and properties, which have been confiscated belonging to real British subjects; and also of the estates, rights, and properties of persons resident in districts in the possession on his Majesty’s arms and who have not borne arms against the said United States. And that persons of any other decription shall have free liberty to go to any part or parts of any of the thirteen United States and therein to remain twelve months unmolested in their endeavors to obtain the restitution of such of their estates, rights, and properties as may have been confiscated; and that Congress shall also earnestly recommend to the several states a reconsideration and revision of all acts or laws regarding the premises, so as to render the said laws or acts perfectly consistent not only with justice and equity but with that spirit of conciliation which on the return of the blessings of peace should universally prevail. And that Congress shall also earnestly recommend to the several states that the estates, rights, and properties, of such last mentioned persons shall be restored to them, they refunding to any persons who may be now in possession the bona fide price (where any has been given) which such persons may have paid on purchasing any of the said lands, rights, or properties since the confiscation.
And it is agreed that all persons who have any interest in confiscated lands, either by debts, marriage settlements, or otherwise, shall meet with no lawful impediment in the prosecution of their just rights.

Article 6:

          That there shall be no future confiscations made nor any prosecutions commenced against any person or persons for, or by reason of, the part which he or they may have taken in the present war, and that no person shall on that account suffer any future loss or damage, either in his person, liberty, or property; and that those who may be in confinement on such charges at the time of the ratification of the treaty in America shall be immediately set at liberty, and the prosecutions so commenced be discontinued.

Article 7:

          There shall be a firm and perpetual peace between his Brittanic Majesty and the said states, and between the subjects of the one and the citizens of the other, wherefore all hostilities both by sea and land shall from henceforth cease. All prisoners on both sides shall be set at liberty, and his Brittanic Majesty shall with all convenient speed, and without causing any destruction, or carrying away any Negroes or other property of the American inhabitants, withdraw all his armies, garrisons, and fleets from the said United States, and from every post, place, and harbor within the same; leaving in all fortifications, the American artilery that may be therein; and shall also order and cause all archives, records, deeds, and papers belonging to any of the said states, or their citizens, which in the course of the war may have fallen into the hands of his officers, to be forthwith restored and delivered to the proper states and persons to whom they belong.

Article 8:

          The navigation of the river Mississippi, from its source to the ocean, shall forever remain free and open to the subjects of Great Britain and the citizens of the United States.

Article 9:

          In case it should so happen that any place or territory belonging to Great Britain or to the United States should have been conquered by the arms of either from the other before the arrival of the said Provisional Articles in America, it is agreed that the same shall be restored without difficulty and without requiring any compensation.

Article 10:

          The solemn ratifications of the present treaty expedited in good and due form shall be exchanged between the contracting parties in the space of six months or sooner, if possible, to be computed from the day of the signatures of the present treaty. In witness whereof we the undersigned, their ministers plenipotentiary, have in their name and in virtue of our full powers, signed with our hands the present definitive treaty and caused the seals of our arms to be affixed thereto.

          Done at Paris, this third day of September in the year of our Lord, one thousand seven hundred and eighty-three.

                    D. HARTLEY (SEAL)
JOHN ADAMS (SEAL)
B. FRANKLIN (SEAL)
JOHN JAY (SEAL)