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I am speaking tonight from the White House in the presence of the Governing Board of the Pan American Union, the Canadian Minister, and their families. The members of this Board are the Ambassadors and Ministers of the American Republics in Washington. It is appropriate that I do this for now, as never before, the unity of the American Republics is of supreme importance to each and every one of us and to the cause of freedom throughout the world. Our future independence is bound up with the future independence of all of our sister Republics. The pressing problems that confront us are military and naval problems. We cannot afford to approach them from the point of view of wishful thinkers or sentimentalists. What we face is cold, hard fact. The first and fundamental fact is that what started as a European war has developed, as the Nazis always intended it should develop, into a world war for world domination. Adolf Hitler never considered the domination of Europe as an end in itself. European conquest was but a step toward ultimate goals in all the other continents. It is unmistakably apparent to all of us that, unless the advance of Hitlerism is forcibly checked now, the Western Hemisphere will be within range of the Nazi weapons of destruction. For our own defense we have accordingly undertaken certain obviously necessary measures: First, we have joined in concluding a series of agreements with all the other American Republics. This further solidified our hemisphere against the common danger. And then, a year ago, we launched, and are successfully carrying out, the largest armament production program we have ever undertaken. We have added substantially to our splendid Navy, and we have mustered our manpower to build up a new Army which is already worthy of the highest traditions of our military service. We instituted a policy of aid for the democracies—the Nations which have fought for the continuation of human liberties. This policy had its origin in the first month of the war, when I urged upon the Congress repeal of the arms embargo provisions in the old Neutrality Law, and in that message of September 3, 1939, I said, "I should like to be able to offer the hope that the shadow over the world might swiftly pass. I cannot. The facts compel my stating, with candor, that darker periods may lie ahead." In the subsequent months, the shadows deepened and lengthened. And the night spread over Poland, Denmark, Norway, Holland, Belgium, Luxembourg, and France. In June, 1940, Britain stood alone, faced by the same machine of terror which had overwhelmed her allies. Our Government rushed arms to meet her desperate needs. In September, 1940, an agreement was completed with Great Britain for the trade of fifty destroyers for eight important offshore bases. And in March, 1941, the Congress passed the Lend-Lease Bill and an appropriation of seven billion dollars to implement it. This law realistically provided for material aid "for the government of any country whose defense the President deems vital to the defense of the United States." This document appears in the Compendium: Chapter 20 Annotation: Franklin D. Roosevelt addressed the growing threat posed by Nazi Germany and declared that the United States faced an “unlimited national emergency” due to the Axis powers' efforts to dominate Europe and the Atlantic. He warned that a German victory would threaten American security, commerce, and democratic government, arguing that the United States could not remain indifferent to the conflict. Roosevelt called upon Americans to support increased defense preparations and aid to nations resisting Axis aggression, framing the struggle as a defense of American freedom and the democratic way of life. Author: Transcript Source: https://millercenter.org/the-presidency/presidential-speeches/may-27-1941-fireside-chat-17-unlimited-national-emergency Our whole program of aid for the democracies has been based on hard-headed concern for our own security and for the kind of safe and civilized world in which we wish to live. Every dollar of material that we send helps to keep the dictators away from our own hemisphere, and every day that they are held off gives us time to build more guns and tanks and planes and ships. We have made no pretense about our own self-interest in this aid. Great Britain understands it—and so does Nazi Germany. And now—after a year—Britain still fights gallantly, on a "far-flung battle line." We have doubled and redoubled our vast production, increasing, month by month, our material supply of the tools of war for ourselves and for Britain and for China—and eventually for all the democracies. The supply of these tools will not fail—it will increase. With greatly augmented strength, the United States and the other American Republics now chart their course in the situation of today. Your Government knows what terms Hitler, if victorious, would impose. They are, indeed, the only terms on which he would accept a so-called "negotiated" peace. And, under those terms, Germany would literally parcel out the world—hoisting the swastika itself over vast territories and populations, and setting up puppet governments of its own choosing, wholly subject to the will and the policy of a conqueror. To the people of the Americas, a triumphant Hitler would say, as he said after the seizure of Austria, and as he said after Munich, and as he said after the seizure of Czechoslovakia: "I am now completely satisfied. This is the last territorial readjustment I will seek." And he would of course add: "All we want is peace, friendship, and profitable trade relations with you in the New World." Were any of us in the Americas so incredibly simple and forgetful as to accept those honeyed words, what would then happen? Those in the New World who were seeking profits would be urging that all that the dictatorships desired was "peace." They would oppose toil and taxes for more American armament. And meanwhile, the dictatorships would be forcing the enslaved peoples of their Old World conquests into a system they are even now organizing to build a naval and air force intended to gain and hold and be master of the Atlantic and the Pacific as well. They would fasten an economic stranglehold upon our several Nations. Quislings would be found to subvert the governments in our Republics; and the Nazis would back their fifth columns with invasion, if necessary. No, I am not speculating about all this. I merely repeat what is already in the Nazi book of world conquest. They plan to treat the Latin American Nations as they are now treating the Balkans. They plan then to strangle the United States of America and the Dominion of Canada. The American laborer would have to compete with slave labor in the rest of the world. Minimum wages, maximum hours? Nonsense! Wages and hours would be fixed by Hitler. The dignity and power and standard of living of the American worker and farmer would be gone. Trade unions would become historical relics, and collective bargaining a joke. Farm income? What happens to all farm surpluses without any foreign trade? The American farmer would get for his products exactly what Hitler wanted to give. The farmer would face obvious disaster and complete regimentation. Tariff walls—Chinese walls of isolation—would be futile. Freedom to trade is essential to our economic life. We do not eat all the food we can produce; and we do not burn all the oil we can pump; we do not use all the goods we can manufacture. It would not be an American wall to keep Nazi goods out; it would be a Nazi wall to keep us in. The whole fabric of working life as we know it—business and manufacturing, mining and agriculture—all would be mangled and crippled under such a system. Yet to maintain even that crippled independence would require permanent conscription of our manpower; it would curtail the funds we could spend on education, on housing, on public works, on flood control, on health and, instead, we should be permanently pouring our resources into armaments; and, year in and year out, standing day and night watch against the destruction of our cities. Yes, even our right of worship would be threatened. The Nazi world does not recognize any God except Hitler; for the Nazis are as ruthless as the Communists in the denial of God. What place has religion which preaches the dignity of the human being, the majesty of the human soul, in a world where moral standards are measured by treachery and bribery and fifth columnists? Will our children, too, wander off, goose-stepping in search of new gods? We do not accept, we will not permit, this Nazi "shape of things to come." It will never be forced upon us, if we act in this present crisis with the wisdom and the courage which have distinguished our country in all the crises of the past. Today, the Nazis have taken military possession of the greater part of Europe. In Africa they have occupied Tripoli and Libya, and they are threatening Egypt, the Suez Canal, and the Near East. But their plans do not stop there, for the Indian Ocean is the gateway to the farther East. They also have the armed power at any moment to occupy Spain and Portugal; and that threat extends not only to French North Africa and the western end of the Mediterranean but it extends also to the Atlantic fortress of Dakar, and to the island outposts of the New World—the Azores and Cape Verde Islands. The Cape Verde Islands are only seven hours' distance from Brazil by bomber or troop-carrying planes. They dominate shipping routes to and from the South Atlantic. The war is approaching the brink of the Western Hemisphere itself. It is coming very close to home. Control or occupation by Nazi forces of any of the islands of the Atlantic would jeopardize the immediate safety of portions of North and South America, and of the island possessions of the United States, and, therefore, the ultimate safety of the continental United States itself. Hitler's plan of world domination would be near its accomplishment today, were it not for two factors: One is the epic resistance of Britain, her colonies, and the great Dominions, fighting not only to maintain the existence of the Island of Britain, but also to hold the Near East and Africa. The other is the magnificent defense of China, which will, I have reason to believe, increase in strength. All of these, together, are preventing the Axis from winning control of the seas by ships and aircraft. The Axis Powers can never achieve their objective of world domination unless they first obtain control of the seas. That is their supreme purpose today; and to achieve it, they must capture Great Britain. They could then have the power to dictate to the Western Hemisphere. No spurious argument, no appeal to sentiment, no false pledges like those given by Hitler at Munich, can deceive the American people into believing that he and his Axis partners would not, with Britain defeated, close in relentlessly on this hemisphere of ours. But if the Axis Powers fail to gain control of the seas, then they are certainly defeated. Their dreams of world domination will then go by the board; and the criminal leaders who started this war will suffer inevitable disaster. Both they and their people know this- and they and their people are afraid. That is why they are risking everything they have, conducting desperate attempts to break through to the command of the ocean. Once they are limited to a continuing land war, their cruel forces of occupation will be unable to keep their heel on the necks of the millions of innocent, oppressed peoples on the continent of Europe; and in the end, their whole structure will break into little pieces. And let us remember, the wider the Nazi land effort, the greater is their ultimate danger. We do not forget the silenced peoples. The masters of Germany have marked these silenced peoples and their children's children for slavery—those, at least, who have not been assassinated or escaped to free soil. But those people—spiritually unconquered: Austrians, Czechs, Poles, Norwegians, Dutch, Belgians, Frenchmen, Greeks, Southern Slavs—yes, even those Italians and Germans who themselves have been enslaved—will prove to be a powerful force in the final disruption of the Nazi system. All freedom—meaning freedom to live, and not freedom to conquer and subjugate other peoples—depends on freedom of the seas. All of American history—North, Central, and South American history—has been inevitably tied up with those words, "freedom of the seas." Since 1799, 142 years ago, when our infant Navy made the West Indies and the Caribbean and the Gulf of Mexico safe for American ships; since 1804 and 1805 when we made all peaceful commerce safe from the depredations of the Barbary pirates; since the War of 1812, which was fought for the preservation of sailors' rights; since 1867, when our sea power made it possible for the Mexicans to expel the French Army of Louis Napoleon, we have striven and fought in defense of freedom of the seas for our own shipping, for the commerce of our sister Republics, for the right of all Nations to use the highways of world trade—and for our own safety. During the first World War we were able to escort merchant ships by the use of small cruisers, gunboats, and destroyers; and that type, called a convoy, was effective against submarines. In this second World War, however, the problem is greater. It is different because the attack on the freedom of the seas is now fourfold: first—the improved submarine; second—the much greater use of the heavily armed raiding cruiser or the hit-and-run battleship; third—the bombing airplane, which is capable of destroying merchant ships seven or eight hundred miles from its nearest base; and fourth—the destruction of merchant ships in those ports of the world that are accessible to bombing attack. The Battle of the Atlantic now extends from the icy waters of the North Pole to the frozen continent of the Antarctic. Throughout this huge area, there have been sinkings of merchant ships in alarming and increasing numbers by Nazi raiders or submarines. There have been sinkings even of ships carrying neutral flags. There have been sinkings in the South Atlantic, off West Africa and the Cape Verde Islands; between the Azores and the islands off the American coast; and between Greenland and Iceland. Great numbers of these sinkings have been actually within the waters of the Western Hemisphere itself. The blunt truth is this—and I reveal this with the full knowledge of the British Government: the present rate of Nazi sinkings of merchant ships is more than three times as high as the capacity of British shipyards to replace them; it is more than twice the combined British and American output of merchant ships today. We can answer this peril by two simultaneous measures: first, by speeding up and increasing our own great shipbuilding program; and second, by helping to cut down the losses on the high seas. Attacks on shipping off the very shores of land which we are determined to protect, present an actual military danger to the Americas. And that danger has recently been heavily underlined by the presence in Western Hemisphere waters of a Nazi battleship of great striking power. You remember that most of the supplies for Britain go by a northerly route, which comes close to Greenland and the nearby island of Iceland. Germany's heaviest attack is on that route. Nazi occupation of Iceland or bases in Greenland would bring the war close to our own continental shores, because those places are stepping-stones to Labrador and Newfoundland, to Nova Scotia, yes, to the northern United States itself, including the great industrial centers of the North, the East, and the Middle West. Equally, the Azores and the Cape Verde Islands, if occupied or controlled by Germany, would directly endanger the freedom of the Atlantic and our own American physical safety. Under German domination those islands would become bases for submarines, warships, and airplanes raiding the waters that lie immediately off our own coasts and attacking the shipping in the South Atlantic. They would provide a springboard for actual attack against the integrity and the independence of Brazil and her neighboring Republics. I have said on many occasions that the United States is mustering its men and its resources only for purposes of defense- only to repel attack. I repeat that statement now. But we must be realistic when we use the word "attack"; we have to relate it to the lightning speed of modern warfare. Some people seem to think that we are not attacked until bombs actually drop in the streets of New York or San Francisco or New Orleans or Chicago. But they are simply shutting their eyes to the lesson that we must learn from the fate of every Nation that the Nazis have conquered. The attack on Czechoslovakia began with the conquest of Austria. The attack on Norway began with the occupation of Denmark. The attack on Greece began with occupation of Albania and Bulgaria. The attack on the Suez Canal began with the invasion of the Balkans and North Africa, and the attack on the United States can begin with the domination of any base which menaces our security—north or south. Nobody can foretell tonight just when the acts of the dictators will ripen into attack on this hemisphere and us. But we know enough by now to realize that it would be suicide to wait until they are in our front yard. When your enemy comes at you in a tank or a bombing plane, if you hold your fire until you see the whites of his eyes, you will never know what hit you. Our Bunker Hill of tomorrow may be several thousand miles from Boston. Anyone with an atlas, anyone with a reasonable knowledge of the sudden striking force of modern war, knows that it is stupid to wait until a probable enemy has gained a foothold from which to attack. Old-fashioned common sense calls for the use of a strategy that will prevent such an enemy from gaining a foothold in the first place. We have, accordingly, extended our patrol in North and South Atlantic waters. We are steadily adding more and more ships and planes to that patrol. It is well known that the strength of the Atlantic Fleet has been greatly increased during the past year, and that it is constantly being built up. These ships and planes warn of the presence of attacking raiders, on the sea, under the sea, and above the sea. The danger from these raiders is, of course, greatly lessened if their location is definitely known. We are thus being forewarned. We shall be on our guard against efforts to establish Nazi bases closer to our hemisphere. The deadly facts of war compel Nations, for simple self-preservation, to make stern choices. It does not make sense, for instance, to say, "I believe in the defense of all the Western Hemisphere," and in the next breath to say, "I will not fight for that defense until the enemy has landed on our shores." If we believe in the independence and the integrity of the Americas, we must be willing to fight, to fight to defend them just as much as we would to fight for the safety of our own homes. It is time for us to realize that the safety of American homes even in the center of this our own country has a very definite relationship to the continued safety of homes in Nova Scotia or Trinidad or Brazil. Our national policy today, therefore, is this: First, we shall actively resist wherever necessary, and with all our resources, every attempt by Hitler to extend his Nazi domination to the Western Hemisphere, or to threaten it. We shall actively resist his every attempt to gain control of the seas. We insist upon the vital importance of keeping Hitlerism away from any point in the world which could be used or would be used as a base of attack against the Americas. Second, from the point of view of strict naval and military necessity, we shall give every possible assistance to Britain and to all who, with Britain, are resisting Hitlerism or its equivalent with force of arms. Our patrols are helping now to insure delivery of the needed supplies to Britain. All additional measures necessary to deliver the goods will be taken. Any and all further methods or combination of methods, which can or should be utilized, are being devised by our military and naval technicians, who, with me, will work out and put into effect such new and additional safeguards as may be needed. I say that the delivery of needed supplies to Britain is imperative. I say that this can be done; it must be done; and it will be done. To the other American Nations—twenty Republics and the Dominion of Canada—I say this: the United States does not merely propose these purposes, but is actively engaged today in carrying them out. I say to them further: you may disregard those few citizens of the United States who contend that we are disunited and cannot act. There are some timid ones among us who say that we must preserve peace at any price—lest we lose our liberties forever. To them I say this: never in the history of the world has a Nation lost its democracy by a successful struggle to defend its democracy. We must not be defeated by the fear of the very danger which we are preparing to resist. Our freedom has shown its ability to survive war, but our freedom would never survive surrender. "The only thing we have to fear is fear itself." There is, of course, a small group of sincere, patriotic men and women whose real passion for peace has shut their eyes to the ugly realities of international banditry and to the need to resist it at all costs. I am sure they are embarrassed by the sinister support they are receiving from the enemies of democracy in our midst the Bundists, the Fascists, and Communists, and every group devoted to bigotry and racial and religious intolerance. It is no mere coincidence that all the arguments put forward by these enemies of democracy—all their attempts to confuse and divide our people and to destroy public confidence in our Government—all their defeatist forebodings that Britain and democracy are already beaten—all their selfish promises that we can "do business" with Hitler—all of these are but echoes of the words that have been poured out from the Axis bureaus of propaganda. Those same words have been used before in other countries—to scare them, to divide them, to soften them up. Invariably, those same words have formed the advance guard of physical attack. Your Government has the right to expect of all citizens that they take part in the common work of our common defense take loyal part from this moment forward. I have recently set up the machinery for civilian defense. It will rapidly organize, locality by locality. It will depend on the organized effort of men and women everywhere. All will have opportunities and responsibilities to fulfill. Defense today means more than merely fighting. It means morale, civilian as well as military; it means using every available resource; it means enlarging every useful plant. It means the use of a greater American common sense in discarding rumor and distorted statement. It means recognizing, for what they are, racketeers and fifth columnists, who are the incendiary bombs in this country of the moment. All of us know that we have made very great social progress in recent years. We propose to maintain that progress and strengthen it. When the Nation is threatened from without, however, as it is today, the actual production and transportation of the machinery of defense must not be interrupted by disputes between capital and capital, labor and labor, or capital and labor. The future of all free enterprise—of capital and labor alike—is at stake. This is no time for capital to make, or be allowed to retain, excess profits. Articles of defense must have undisputed right of way in every industrial plant in the country. A Nation-wide machinery for conciliation and mediation of industrial disputes has been set up. That machinery must be used promptly—and without stoppage of work. Collective bargaining will be retained, but the American people expect that impartial recommendations of our Government conciliation and mediation services will be followed both by capital and by labor. The overwhelming majority of our citizens expect their Government to see that the tools of defense are built; and for the very purpose of preserving the democratic safeguards of both labor and management, this Government is determined to use all of its power to express the will of its people, and to prevent interference with the production of materials essential to our Nation's security. Today the whole world is divided between human slavery and human freedom—between pagan brutality and the Christian ideal. We choose human freedom, which is the Christian ideal. No one of us can waver for a moment in his courage or his faith. We will not accept a Hitler-dominated world. And we will not accept a world, like the postwar world of the 1920s, in which the seeds of Hitlerism can again be planted and allowed to grow. We will accept only a world consecrated to freedom of speech and expression—freedom of every person to worship God in his own way—freedom from want—and freedom from terror. Is such a world impossible of attainment? Magna Charta, the Declaration of Independence, the Constitution of the United States, the Emancipation Proclamation, and every other milestone in human progress—all were ideals which seemed impossible of attainment—and yet they were attained. As a military force, we were weak when we established our independence, but we successfully stood off tyrants, powerful in their day, tyrants who are now lost in the dust of history. Odds meant nothing to us then. Shall we now, with all our potential strength, hesitate to take every single measure necessary to maintain our American liberties? Our people and our Government will not hesitate to meet that challenge. As the President of a united and determined people, I say solemnly: We reassert the ancient American doctrine of freedom of the seas. We reassert the solidarity of the twenty-one American Republics and the Dominion of Canada in the preservation of the independence of the hemisphere. We have pledged material support to the other democracies of the world—and we will fulfill that pledge. We in the Americas will decide for ourselves whether, and when, and where, our American interests are attacked or our security is threatened. We are placing our armed forces in strategic military position. We will not hesitate to use our armed forces to repel attack. We reassert our abiding faith in the vitality of our constitutional Republic as a perpetual home of freedom, of tolerance, and of devotion to the word of God. Therefore, with profound consciousness of my responsibilities to my countrymen and to my country's cause, I have tonight issued a proclamation that an unlimited national emergency exists and requires the strengthening of our defense to the extreme limit of our national power and authority. The Nation will expect all individuals and all groups to play their full parts, without stint, and without selfishness, and without doubt that our democracy will triumphantly survive. I repeat the words of the signers of the Declaration of Independence—that little band of patriots, fighting long ago against overwhelming odds, but certain, as we are now, of ultimate victory: "With a firm reliance on the protection of Divine Providence, we mutually pledge to each other our lives, our fortunes, and our sacred honor."

Ordinance for the Government of the Territory of the United States North-West of the River Ohio July 13, 1787 An Ordinance for the government of the Territory of the United States northwest of the River Ohio. Section 1. Be it ordained by the United States in Congress assembled, That the said territory, for the purposes of temporary government, be one district, subject, however, to be divided into two districts, as future circumstances may, in the opinion of Congress, make it expedient. Sec 2. Be it ordained by the authority aforesaid, That the estates, both of resident and nonresident proprietors in the said territory, dying intestate, shall descent to, and be distributed among their children, and the descendants of a deceased child, in equal parts; the descendants of a deceased child or grandchild to take the share of their deceased parent in equal parts among them: And where there shall be no children or descendants, then in equal parts to the next of kin in equal degree; and among collaterals, the children of a deceased brother or sister of the intestate shall have, in equal parts among them, their deceased parents' share; and there shall in no case be a distinction between kindred of the whole and half blood; saving, in all cases, to the widow of the intestate her third part of the real estate for life, and one third part of the personal estate; and this law relative to descents and dower, shall remain in full force until altered by the legislature of the district. And until the governor and judges shall adopt laws as hereinafter mentioned, estates in the said territory may be devised or bequeathed by wills in writing, signed and sealed by him or her in whom the estate may be (being of full age), and attested by three witnesses; and real estates may be conveyed by lease and release, or bargain and sale, signed, sealed and delivered by the person being of full age, in whom the estate may be, and attested by two witnesses, provided such wills be duly proved, and such conveyances be acknowledged, or the execution thereof duly proved, and be recorded within one year after proper magistrates, courts, and registers shall be appointed for that purpose; and personal property may be transferred by delivery; saving, however to the French and Canadian inhabitants, and other settlers of the Kaskaskies, St. Vincents and the neighboring villages who have heretofore professed themselves citizens of Virginia, their laws and customs now in force among them, relative to the descent and conveyance, of property. Sec. 3. Be it ordained by the authority aforesaid, That there shall be appointed from time to time by Congress, a governor, whose commission shall continue in force for the term of three years, unless sooner revoked by Congress; he shall reside in the district, and have a freehold estate therein in 1,000 acres of land, while in the exercise of his office. Sec. 4. There shall be appointed from time to time by Congress, a secretary, whose commission shall continue in force for four years unless sooner revoked; he shall reside in the district, and have a freehold estate therein in 500 acres of land, while in the exercise of his office. It shall be his duty to keep and preserve the acts and laws passed by the legislature, and the public records of the district, and the proceedings of the governor in his executive department, and transmit authentic copies of such acts and proceedings, every six months, to the Secretary of Congress: There shall also be appointed a court to consist of three judges, any two of whom to form a court, who shall have a common law jurisdiction, and reside in the district, and have each therein a freehold estate in 500 acres of land while in the exercise of their offices; and their commissions shall continue in force during good behavior. Sec. 5. The governor and judges, or a majority of them, shall adopt and publish in the district such laws of the original States, criminal and civil, as may be necessary and best suited to the circumstances of the district, and report them to Congress from time to time: which laws shall be in force in the district until the organization of the General Assembly therein, unless disapproved of by Congress; but afterwards the Legislature shall have authority to alter them as they shall think fit. This document appears in the Compendium: Chapter 6 Northwest Ordinance — Records of the Continental and Confederation Congresses and the Constitutional Convention Annotation: Drafted primarily by Nathan Dane, the Northwest Ordinance was unanimously passed by the Confederation Congress on July 13, 1787, establishing a permanent system for governing the territory northwest of the Ohio River. It organized the territory into a territorial government, provided for eventual admission of new states on an equal footing with the existing states, guaranteed fundamental civil liberties, prohibited slavery in the territory, and established provisions for public education. Authors: Nathan Dane From Massachusetts and Primary Author Edward Carrington — Virginia; chairman Richard Henry Lee — Virginia John Kean — South Carolina Melancton Smith — New York Text Source: https://www.archives.gov/milestone-documents/northwest-ordinance Sec. 6. The governor, for the time being, shall be commander in chief of the militia, appoint and commission all officers in the same below the rank of general officers; all general officers shall be appointed and commissioned by Congress. Sec. 7. Previous to the organization of the general assembly, the governor shall appoint such magistrates and other civil officers in each county or township, as he shall find necessary for the preservation of the peace and good order in the same: After the general assembly shall be organized, the powers and duties of the magistrates and other civil officers shall be regulated and defined by the said assembly; but all magistrates and other civil officers not herein otherwise directed, shall during the continuance of this temporary government, be appointed by the governor. Sec. 8. For the prevention of crimes and injuries, the laws to be adopted or made shall have force in all parts of the district, and for the execution of process, criminal and civil, the governor shall make proper divisions thereof; and he shall proceed from time to time as circumstances may require, to lay out the parts of the district in which the Indian titles shall have been extinguished, into counties and townships, subject, however, to such alterations as may thereafter be made by the legislature. Sec. 9. So soon as there shall be five thousand free male inhabitants of full age in the district, upon giving proof thereof to the governor, they shall receive authority, with time and place, to elect a representative from their counties or townships to represent them in the general assembly: Provided, That, for every five hundred free male inhabitants, there shall be one representative, and so on progressively with the number of free male inhabitants shall the right of representation increase, until the number of representatives shall amount to twenty five; after which, the number and proportion of representatives shall be regulated by the legislature: Provided, That no person be eligible or qualified to act as a representative unless he shall have been a citizen of one of the United States three years, and be a resident in the district, or unless he shall have resided in the district three years; and, in either case, shall likewise hold in his own right, in fee simple, two hundred acres of land within the same; Provided, also, That a freehold in fifty acres of land in the district, having been a citizen of one of the states, and being resident in the district, or the like freehold and two years residence in the district, shall be necessary to qualify a man as an elector of a representative. Sec. 10. The representatives thus elected, shall serve for the term of two years; and, in case of the death of a representative, or removal from office, the governor shall issue a writ to the county or township for which he was a member, to elect another in his stead, to serve for the residue of the term. Sec. 11. The general assembly or legislature shall consist of the governor, legislative council, and a house of representatives. The Legislative Council shall consist of five members, to continue in office five years, unless sooner removed by Congress; any three of whom to be a quorum: and the members of the Council shall be nominated and appointed in the following manner, to wit: As soon as representatives shall be elected, the Governor shall appoint a time and place for them to meet together; and, when met, they shall nominate ten persons, residents in the district, and each possessed of a freehold in five hundred acres of land, and return their names to Congress; five of whom Congress shall appoint and commission to serve as aforesaid; and, whenever a vacancy shall happen in the council, by death or removal from office, the house of representatives shall nominate two persons, qualified as aforesaid, for each vacancy, and return their names to Congress; one of whom congress shall appoint and commission for the residue of the term. And every five years, four months at least before the expiration of the time of service of the members of council, the said house shall nominate ten persons, qualified as aforesaid, and return their names to Congress; five of whom Congress shall appoint and commission to serve as members of the council five years, unless sooner removed. And the governor, legislative council, and house of representatives, shall have authority to make laws in all cases, for the good government of the district, not repugnant to the principles and articles in this ordinance established and declared. And all bills, having passed by a majority in the house, and by a majority in the council, shall be referred to the governor for his assent; but no bill, or legislative act whatever, shall be of any force without his assent. The governor shall have power to convene, prorogue, and dissolve the general assembly, when, in his opinion, it shall be expedient. Sec. 12. The governor, judges, legislative council, secretary, and such other officers as Congress shall appoint in the district, shall take an oath or affirmation of fidelity and of office; the governor before the president of congress, and all other officers before the Governor. As soon as a legislature shall be formed in the district, the council and house assembled in one room, shall have authority, by joint ballot, to elect a delegate to Congress, who shall have a seat in Congress, with a right of debating but not voting during this temporary government. Sec. 13. And, for extending the fundamental principles of civil and religious liberty, which form the basis whereon these republics, their laws and constitutions are erected; to fix and establish those principles as the basis of all laws, constitutions, and governments, which forever hereafter shall be formed in the said territory: to provide also for the establishment of States, and permanent government therein, and for their admission to a share in the federal councils on an equal footing with the original States, at as early periods as may be consistent with the general interest: Sec. 14. It is hereby ordained and declared by the authority aforesaid, That the following articles shall be considered as articles of compact between the original States and the people and States in the said territory and forever remain unalterable, unless by common consent, to wit: Art. 1. No person, demeaning himself in a peaceable and orderly manner, shall ever be molested on account of his mode of worship or religious sentiments, in the said territory. Art. 2. The inhabitants of the said territory shall always be entitled to the benefits of the writ of habeas corpus, and of the trial by jury; of a proportionate representation of the people in the legislature; and of judicial proceedings according to the course of the common law. All persons shall be bailable, unless for capital offenses, where the proof shall be evident or the presumption great. All fines shall be moderate; and no cruel or unusual punishments shall be inflicted. No man shall be deprived of his liberty or property, but by the judgment of his peers or the law of the land; and, should the public exigencies make it necessary, for the common preservation, to take any person's property, or to demand his particular services, full compensation shall be made for the same. And, in the just preservation of rights and property, it is understood and declared, that no law ought ever to be made, or have force in the said territory, that shall, in any manner whatever, interfere with or affect private contracts or engagements, bona fide, and without fraud, previously formed. Art. 3. Religion, morality, and knowledge, being necessary to good government and the happiness of mankind, schools and the means of education shall forever be encouraged. The utmost good faith shall always be observed towards the Indians; their lands and property shall never be taken from them without their consent; and, in their property, rights, and liberty, they shall never be invaded or disturbed, unless in just and lawful wars authorized by Congress; but laws founded in justice and humanity, shall from time to time be made for preventing wrongs being done to them, and for preserving peace and friendship with them. Art. 4. The said territory, and the States which may be formed therein, shall forever remain a part of this Confederacy of the United States of America, subject to the Articles of Confederation, and to such alterations therein as shall be constitutionally made; and to all the acts and ordinances of the United States in Congress assembled, conformable thereto. The inhabitants and settlers in the said territory shall be subject to pay a part of the federal debts contracted or to be contracted, and a proportional part of the expenses of government, to be apportioned on them by Congress according to the same common rule and measure by which apportionments thereof shall be made on the other States; and the taxes for paying their proportion shall be laid and levied by the authority and direction of the legislatures of the district or districts, or new States, as in the original States, within the time agreed upon by the United States in Congress assembled. The legislatures of those districts or new States, shall never interfere with the primary disposal of the soil by the United States in Congress assembled, nor with any regulations Congress may find necessary for securing the title in such soil to the bona fide purchasers. No tax shall be imposed on lands the property of the United States; and, in no case, shall nonresident proprietors be taxed higher than residents. The navigable waters leading into the Mississippi and St. Lawrence, and the carrying places between the same, shall be common highways and forever free, as well to the inhabitants of the said territory as to the citizens of the United States, and those of any other States that may be admitted into the confederacy, without any tax, impost, or duty therefor. Art. 5. There shall be formed in the said territory, not less than three nor more than five States; and the boundaries of the States, as soon as Virginia shall alter her act of cession, and consent to the same, shall become fixed and established as follows, to wit: The western State in the said territory, shall be bounded by the Mississippi, the Ohio, and Wabash Rivers; a direct line drawn from the Wabash and Post Vincents, due North, to the territorial line between the United States and Canada; and, by the said territorial line, to the Lake of the Woods and Mississippi. The middle State shall be bounded by the said direct line, the Wabash from Post Vincents to the Ohio, by the Ohio, by a direct line, drawn due north from the mouth of the Great Miami, to the said territorial line, and by the said territorial line. The eastern State shall be bounded by the last mentioned direct line, the Ohio, Pennsylvania, and the said territorial line: Provided, however, and it is further understood and declared, that the boundaries of these three States shall be subject so far to be altered, that, if Congress shall hereafter find it expedient, they shall have authority to form one or two States in that part of the said territory which lies north of an east and west line drawn through the southerly bend or extreme of Lake Michigan. And, whenever any of the said States shall have sixty thousand free inhabitants therein, such State shall be admitted, by its delegates, into the Congress of the United States, on an equal footing with the original States in all respects whatever, and shall be at liberty to form a permanent constitution and State government: Provided, the constitution and government so to be formed, shall be republican, and in conformity to the principles contained in these articles; and, so far as it can be consistent with the general interest of the confederacy, such admission shall be allowed at an earlier period, and when there may be a less number of free inhabitants in the State than sixty thousand. Art. 6. There shall be neither slavery nor involuntary servitude in the said territory, otherwise than in the punishment of crimes whereof the party shall have been duly convicted: Provided, always, That any person escaping into the same, from whom labor or service is lawfully claimed in any one of the original States, such fugitive may be lawfully reclaimed and conveyed to the person claiming his or her labor or service as aforesaid. Be it ordained by the authority aforesaid, That the resolutions of the 23rd of April, 1784, relative to the subject of this ordinance, be, and the same are hereby repealed and declared null and void. Done by the United States, in Congress assembled, the 13th day of July, in the year of our Lord 1787, and of their sovereignty and independence the twelfth.

This dinner of the White House Correspondents' Association is unique. It is the first one at which I have made a speech in all these eight years. It differs from the press conferences that you and I hold twice a week, for you cannot ask me any questions tonight; and everything that I have to say is word for word "on the record." For eight years you and I have been helping each other. I have been trying to keep you informed of the news of Washington, of the Nation, and of the world, from the point of view of the Presidency. You, more than you realize, have been giving me a great deal of information about what the people of this country are thinking and saying. In our press conferences, as at this dinner tonight, we include reporters representing papers and news agencies of many other lands. To most of them it is a matter of constant amazement that press conferences such as ours can exist in any Nation in the world. That is especially true in those lands where freedoms do not exist—where the purposes of our democracy and the characteristics of our country and of our people have been seriously distorted. Such misunderstandings are not new. I remember that, a quarter of a century ago, in the early days of the first World War, the German Government received solemn assurances from their representatives in the United States that the people of America were disunited; that they cared more for peace at any price than for the preservation of ideals and freedom; that there would even be riots and revolutions in the United States if this Nation ever asserted its own interests. Let not dictators of Europe or Asia doubt our unanimity now. Before the present war broke out on September 1, 1939, I was more worried about the future than many people—indeed, than most people. The record shows that I was not worried enough. That, however, is water over the dam. Do not let us waste time in reviewing the past, or fixing or dodging the blame for it. History cannot be rewritten by wishful thinking. We, the American people, are writing new history today. This document appears in the Compendium: Chapter 20 Annotation: FDR defended the program as a necessary means of helping nations fighting the Axis powers while keeping the United States out of direct combat. Roosevelt presents the program as analogous to lending a neighbor a garden hose to put out a fire, arguing that the United States should provide Britain with the weapons and supplies necessary to defeat a threat that could eventually endanger America itself. He urged Americans to recognize that aiding Britain was not merely an act of generosity, but a means of protecting American national security and preserving the democratic world. Author: Franklin D. Roosevelt Transcript Source: https://millercenter.org/the-presidency/presidential-speeches/march-15-1941-lend-lease The big news story of this week is this: The world has been told that we, as a united Nation, realize the danger that confronts us—and that to meet that danger our democracy has gone into action. We know that although Prussian autocracy was bad enough in the first war, Nazism is far worse in this. Nazi forces are not seeking mere modifications in colonial maps or in minor European boundaries. They openly seek the destruction of all elective systems of government on every continent—including our own; they seek to establish systems of government based on the regimentation of all human beings by a handful of individual rulers who have seized power by force. Yes, these men and their hypnotized followers call this a new order. It is not new and it is not order. For order among Nations presupposes something enduring—some system of justice under which individuals, over a long period of time, are willing to live. Humanity will never permanently accept a system imposed by conquest and based on slavery. These modern tyrants find it necessary to—their plans to eliminate all democracies—eliminate them one by one. The Nations of Europe, and indeed we ourselves, did not appreciate that purpose. We do now. The process of the elimination of the European Nations proceeded according to plan through 1939 and well into 1940, until the schedule was shot to pieces by the unbeatable defenders of Britain. The enemies of democracy were wrong in their calculations for a very simple reason. They were wrong because they believed that democracy could not adjust itself to the terrible reality of a world at war. They believed that democracy, because of its profound respect for the rights of man, would never arm itself to fight. They believed that democracy, because of its will to live at peace with its neighbors, could not mobilize its energies even in its own defense. They know now that democracy can still remain democracy, and speak, and reach conclusions, and arm itself adequately for defense. From the bureaus of propaganda of the Axis powers came the confident prophecy that the conquest of our country would be "an inside job"—a job accomplished not by overpowering invasion from without, but by disrupting confusion and disunion and moral disintegration from within. Those who believed that knew little of our history. America is not a country which can be confounded by the appeasers, the defeatists, the backstairs manufacturers of panic. It is a country that talks out its problems in the open, where any man can hear them. We have just now engaged in a great debate. It was not limited to the halls of Congress. It was argued in every newspaper, on every wave length, over every cracker barrel in all the land; and it was finally settled and decided by the American people themselves. Yes, the decisions of our democracy may be slowly arrived at. But when that decision is made, it is proclaimed not with the voice of any one man but with the voice of one hundred and thirty millions. It is binding on us all. And the world is no longer left in doubt. This decision is the end of any attempts at appeasement in our land; the end of urging us to get along with dictators; the end of compromise with tyranny and the forces of oppression. And the urgency is now. We believe firmly that when our production output is in full swing, the democracies of the world will be able to prove that dictatorships cannot win. But, now, now, the time element is of supreme importance. Every plane, every other instrument of war, old and new, every instrument that we can spare now, we will send overseas because that is the common sense of strategy. The great task of this day, the deep duty that rests upon each and every one of us is to move products from the assembly lines of our factories to the battle lines of democracy—Now! We can have speed, we can have effectiveness, if we maintain our existing unity. We do not have and never will have the false unity of a people browbeaten by threats, misled by propaganda. Ours is a unity that is possible only among free men and women who recognize the truth and face reality with intelligence and courage. Today, at last—today at long last—ours is not a partial effort. It is a total effort and that is the only way to guarantee ultimate safety. Beginning a year ago, we started the erection of hundreds of plants; we started the training of millions of men. Then, at the moment that the aid-to-democracies bill was passed, this week, we were ready to recommend the seven-billion-dollar appropriation on the basis of capacity production as now planned. The articles themselves cover the whole range of munitions of war and of the facilities for transporting them across the seas. The aid-to-democracies bill was agreed on by both houses of the Congress last Tuesday afternoon. I signed it one half hour later. Five minutes after that I approved a list of articles for immediate shipment; and today—Saturday night—many of them are on their way. On Wednesday, I recommended an appropriation for new material to the extent of seven billion dollars; and the Congress is making patriotic speed in making the money available. Here in Washington, we are thinking in terms of speed and speed now. And I hope that that watchword—"Speed, and speed now"—will find its way into every home in the Nation. We shall have to make sacrifices—every one of us. The final extent of those sacrifices will depend on the speed with which we act Now! I must tell you tonight in plain language what this undertaking means to you—to you in your daily life. Whether you are in the armed services; whether you are a steel worker or a stevedore; a machinist or a housewife; a farmer or a banker; a storekeeper or a manufacturer—to all of you it will mean sacrifice in behalf of your country and your liberties. Yes, you will feel the impact of this gigantic effort in your daily lives. You will feel it in a way that will cause, to you, many inconveniences. You will have to be content with lower profits, lower profits from business because obviously your taxes will be higher. You will have to work longer at your bench, or your plow, or your machine, or your desk. Let me make it clear that the Nation is calling for the sacrifice of some privileges, not for the sacrifice of fundamental rights. And most of us will do it willingly. That kind of sacrifice is for the common national protection and welfare; for our defense against the most ruthless brutality in all history; for the ultimate victory of a way of life now so violently menaced. A halfhearted effort on our part will lead to failure. This is no part-time job. The concepts of "business as usual," of "normalcy," must be forgotten until the task is finished. Yes, it's an all-out effort—and nothing short of an all-out effort will win. Therefore, we are dedicated, from here on, to a constantly increasing tempo of production—a production greater than we now know or have ever known before—a production that does not stop and should not pause. Tonight, I am appealing to the heart and to the mind of every man and every woman within our borders who loves liberty. I ask you to consider the needs of our Nation and this hour, to put aside all personal differences until the victory is won. The light of democracy must be kept burning. To the perpetuation of this light, each of us must do his own share. The single effort of one individual may seem very small. But there are 130 million individuals overhere. And there are many more millions in Britain and elsewhere bravely shielding the great flame of democracy from the blackout of barbarism. It is not enough for us merely to trim the wick, or polish the glass. The time has come when we must provide the fuel in ever-increasing amounts to keep that flame alight. There will be no divisions of party or section or race or nationality or religion. There is not one among us who does not have a stake in the outcome of the effort in which we are now engaged. A few weeks ago I spoke of four freedoms—freedom of speech and expression, freedom of every person to worship God in his own way, freedom from want, freedom from fear. They are the ultimate stake. They may not be immediately attainable throughout the world but humanity does move toward those glorious ideals through democratic processes. And if we fail—if democracy is superseded by slavery—then those four freedoms, or even the mention of them, will become forbidden things. Centuries will pass before they can be revived. By winning now, we strengthen the meaning of those freedoms, we increase the stature of mankind, we establish the dignity of human life. I have often thought that there is a vast difference between the word "loyalty" and the word "obedience." Obedience can be obtained and enforced in a dictatorship by the use of threat or extortion or blackmail or it can be obtained by a failure on the part of government to tell the truth to its citizens. Loyalty is different. It springs from the mind that is given the facts, that retains ancient ideals and proceeds without coercion to give support to its own government. That is true in England and in Greece and in China and in the United States, today. And in many other countries millions of men and women are praying for the return of a day when they can give that kind of loyalty. Loyalty cannot be bought. Dollars alone will not win this war. Let us not delude ourselves as to that. Today, nearly a million and a half American citizens are hard at work in our armed forces. The spirit—the determination of these men of our Army and Navy are worthy of the highest traditions of our country. No better men ever served under Washington or John Paul Jones or Grant or Lee or Pershing. That is a boast, I admit, but it is not an idle one. Upon the national will to sacrifice and to work depends the output of our industry and our agriculture. Upon that will depends the survival of the vital bridge across the ocean—the bridge of ships that carry the arms and the food for those who are fighting the good fight. Upon that will depends our ability to aid other Nations which may determine to offer resistance. Upon that will may depend practical assistance to people now living in Nations that have been overrun, should they find the opportunity to strike back in an effort to regain their liberties and may that day come soon! This will of the American people will not be frustrated, either by threats from powerful enemies abroad or by small, selfish groups or individuals at home. The determination of America must not and will not be obstructed by war profiteering. It must not be obstructed by unnecessary strikes of workers, by shortsighted management, or by the third danger—deliberate sabotage. For, unless we win there will be no freedom for either management or labor. Wise labor leaders and wise business managers will realize how necessary it is to their own existence to make common sacrifice for this great common cause. There is no longer the slightest question or doubt that the American people recognize the extreme seriousness of the present situation. That is why they have demanded, and got, a policy of unqualified, immediate, all-out aid for Britain, for Greece, for China, and for all the Governments in exile whose homelands are temporarily occupied by the aggressors. And from now on that aid will be increased—and yet again increased—until total victory has been won. The British are stronger than ever in the magnificent morale that has enabled them to endure all the dark days and the shattered nights of the past ten months. They have the full support and help of Canada, of the other Dominions, of the rest of their Empire, and the full aid and support of non-British people throughout the world who still think in terms of the great freedoms. The British people are braced for invasion whenever such attempt may come—tomorrow—next week—next month. In this historic crisis, Britain is blessed with a brilliant and great leader in Winston Churchill. But, knowing him, no one knows better than Mr. Churchill himself that it is not alone his stirring words and valiant deeds that give the British their superb morale. The essence of that morale is in the masses of plain people who are completely clear in their minds about the one essential fact—that they would rather die as free men than live as slaves. These plain people—civilians as well as soldiers and sailors and airmen—women and girls as well as men and boys—they are fighting in the front line of civilization at this moment, and they are holding that line with a fortitude that will forever be the pride and the inspiration of all free men on every continent, on every isle of the sea. The British people and their Grecian allies need ships. From America, they will get ships. They need planes. From America, they will get planes. From America they need food. From America, they will get food. They need tanks and guns and ammunition and supplies of all kinds. From America, they will get tanks and guns and ammunition and supplies of all kinds. China likewise expresses the magnificent will of millions of plain people to resist the dismemberment of their historic Nation. China, through the Generalissimo, Chiang Kai-shek, asks our help. America has said that China shall have our help. And so our country is going to be what our people have proclaimed it must be—the arsenal of democracy. Our country is going to play its full part. And when—no, I didn't say if, I said when—dictatorships disintegrate—and pray God that will be sooner than any of us now dares to hope—then our country must continue to play its great part in the period of world reconstruction for the good of humanity. We believe that the rallying cry of the dictators, their boasting about a master-race, will prove to be pure stuff and nonsense. There never has been, there isn't now, and there never will be, any race of people on the earth fit to serve as masters over their fellow men. The world has no use for any Nation which, because of size or because of military might, asserts the right to goosestep to world power over the bodies of other Nations or other races. We believe that any nationality, no matter how small, has the inherent right to its own nationhood. We believe that the men and women of such Nations, no matter what size, can, through the processes of peace, serve themselves and serve the world by protecting the common man's security; improve the standards of healthful living; provide markets for manufacture and for agriculture. Through that kind of peaceful service every Nation can increase its happiness, banish the terrors of war, and abandon man's inhumanity to man. Never, in all our history, have Americans faced a job so well worth while. May it be said of us in the days to come that our children and our children's children rise up and call us blessed.

Lend-Lease Act March 11, 1941 A BILL Further to promote the defense of the United States, and for other purposes. Be it enacted by the Senate add House of Representatives of the United States of America in Congress assembled, That this Act may be cited as "An Act to Promote the Defense of the United States". SEC. 2. As used in this Act - (a) The term "defense article" means - (1) Any weapon, munition. aircraft, vessel, or boat; (2) Any machinery, facility, tool, material, or supply necessary for the manufacture, production, processing, repair, servicing, or operation of any article described in this subsection; (3) Any component material or part of or equipment for any article described in this subsection; (4) Any agricultural, industrial or other commodity or article for defense. Such term "defense article" includes any article described in this subsection: Manufactured or procured pursuant to section 3, or to which the United States or any foreign government has or hereafter acquires title, possession, or control. (b) The term "defense information" means any plan, specification, design, prototype, or information pertaining to any defense article. SEC. 3. (a) Notwithstanding the provisions of any other law, the President may, from time to time. when he deems it in the interest of national defense, authorize the Secretary Of War, the Secretary of the Navy, or the head of any other department or agency of the Government - (1) To manufacture in arsenals, factories, and shipyards under their jurisdiction, or otherwise procure, to the extent to which funds are made available therefor, or contracts are authorized from time to time by the Congress, or both, any defense article for the government of any country whose defense the President deems vital to the defense of the United States. (2) To sell, transfer title to, exchange, lease, lend, or otherwise dispose of, to any such government any defense article, but no defense article not manufactured or procured under paragraph (1) shall in any way be disposed of under this paragraph, except after consultation with the Chief of Staff of the Army or the Chief of Naval Operations of the Navy, or both. The value of defense articles disposed of in any way under authority of this paragraph, and procured from funds heretofore appropriated, shall not exceed $1,300,000,000. The value of such defense This document appears in the Compendium: Chapter 20 FDR signs the Lend-Lease Act March 11, 1941 Annotation: Authorized the President to lend, lease, sell, or otherwise transfer defense articles and other supplies to countries whose defense was deemed vital to the security of the United States. The Act was primarily intended to provide Great Britain with the weapons, equipment, and supplies it needed to continue fighting Germany without requiring immediate payment, while also allowing aid to other nations, including China and eventually the Soviet Union. By giving the executive broad authority to supply nations fighting the Axis, the Act marked a major departure from American neutrality and made the United States the “Arsenal of Democracy” before its formal entry into the war. Author: President Franklin D. Roosevelt in 1944 Transcript Source: https://www.archives.gov/milestone-documents/lend-lease-act articles shall be determined by the head of the department or agency concerned or such other department, agency, or officer as shall be designated in the manner provided in the rules and regulations issued hereunder. Defense articles procured from funds hereafter appropriated to any department or agency of the Government, other than from funds authorized to be appropriated under this Act. shall not be disposed of in any way under authority of this paragraph except to the extent hereafter authorized by the Congress in the Acts appropriating such funds or otherwise. (3) To test, inspect, prove, repair, outfit, recondition, or otherwise to place in good working order, to the extent to which funds are made available therefor, or contracts are authorized from time to time by the Congress, or both, any defense article for any such government, or to procure any or all such services by private contract. (4) To communicate to any such government any defense information pertaining to any defense article furnished to such government under paragraph (2) of this subsection. (5) To release for export any defense article disposed of in any way under this subsection to any such government. (b) The terms and conditions upon which any such foreign government receives any aid authorized under subsection (a) shall be those which the President deems satisfactory, and the benefit to the United States may he payment or repayment in kind or property, or any other direct or indirect benefit which the President deems satisfactory. (c) After June 30, 1943, or after the passage of a concurrent resolution by the two Houses before June 30, 1943, which declares that the powers conferred by or pursuant to subsection (a) are no longer necessary to promote the defense of the United States, neither the President nor the head of any department or agency shall exercise any of the powers conferred by or pursuant to subsection (a) except that until July 1, 1946, any of such powers may be exercised to the extent necessary to carry out a contract or agreement with such a foreign government made before July 1, 1943, or before the passage of such concurrent resolution, whichever is the earlier. (d) Nothing in this Act shall be construed to authorize or to permit the authorization of convoying vessels by naval vessels of the United States. (e) Nothing in this Act shall be construed to authorize or to permit the authorization of the entry of any American vessel into a combat area in violation of section 3 of the neutrality Act of 1939. SEC. 4 All contracts or agreements made for the disposition of any defense article or defense information pursuant to section 3 shall contain a clause by which the foreign government undertakes that it will not, without the consent of the President, transfer title to or possession of such defense article or defense information by gift, sale, or otherwise, or permit its use by anyone, not an officer, employee, or agent of such foreign government. SEC. 5. (a) The Secretary of War, the Secretary of the Navy, or the head of any other department or agency of the Government involved shall when any such defense article or defense information is exported, immediately inform the department or agency designated by the President to administer section 6 of the Act of July 2, 1940 (54 Stat. 714). of the quantities, character, value, terms of disposition, and destination of the article and information so exported. (b) The President from time to time, but not less frequently than once every ninety days, shall transmit to the Congress a report of operations under this Act except such information as he deems incompatible with the public interest to disclose. Reports provided for under this subsection shall be transmitted to the Secretary of the Senate or the Clerk of the House of Representatives, as the case may be, if the Senate or the House of Representatives, as the case may be, is not in session. SEC. 6. (a) There is hereby authorized to be appropriated from time to time, out of any money in the Treasury not otherwise appropriated, such amounts as may be necessary to carry out the provisions and accomplish the purposes of this Act. (b) All money and all property which is converted into money received under section 3 from any government shall, with the approval of the Director of the Budget. revert to the respective appropriation or appropriations out of which funds were expended with respect to the defense article or defense information for which such consideration is received, and shall be available for expenditure for the purpose for which such expended funds were appropriated by law, during the fiscal year in which such funds are received and the ensuing fiscal year; but in no event shall any funds so received be available for expenditure after June 30, 1946. SEC. 7. The Secretary of War, the Secretary of the Navy, and the head of the department or agency shall in all contracts or agreements for the disposition of any defense article or defense information fully protect the rights of all citizens of the United States who have patent rights in and to any such article or information which is hereby authorized to be disposed of and the payments collected for royalties on such patents shall be paid to the owners and holders of such patents. SEC. 8. The Secretaries of War and of the Navy are hereby authorized to purchase or otherwise acquire arms, ammunition, and implements of war produced within the jurisdiction of any country to which section 3 is applicable, whenever the President deems such purchase or acquisition to be necessary in the interests of the defense of the United States. SEC. 9. The President may, from time to time, promulgate such rules and regulations as may be necessary and proper to carry out any of the provisions of this Act; and he may exercise any power or authority conferred on him by this Act through such department, agency, or officer as be shall direct. SEC. 10. Nothing in this Act shall be construed to change existing law relating to the use of the land and naval forces of the United States, except insofar as such use relates to the manufacture, procurement, and repair of defense articles, the communication of information, and other noncombatant purposes enumerated in this Act. SEC 11. If any provision of this Act or the application of such provision to any circumstance shall be held invalid, the validity of the remainder of the Act and the applicability of such provision to other circumstances shall not be affected thereby. Approved, March 11, 1941.

Brown v. Board of Education of Topeka Decided May 17, 1954 SUPREME COURT OF THE UNITED STATES Brown v. Board of Education of Topeka Argued December 9, 1952 Reargued December 8, 1953 Decided May 17, 1954 APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS Syllabus Segregation of white and Negro children in the public schools of a State solely on the basis of race, pursuant to state laws permitting or requiring such segregation, denies to Negro children the equal protection of the laws guaranteed by the Fourteenth Amendment -- even though the physical facilities and other "tangible" factors of white and Negro schools may be equal. (a) The history of the Fourteenth Amendment is inconclusive as to its intended effect on public education. (b) The question presented in these cases must be determined not on the basis of conditions existing when the Fourteenth Amendment was adopted, but in the light of the full development of public education and its present place in American life throughout the Nation. (c) Where a State has undertaken to provide an opportunity for an education in its public schools, such an opportunity is a right which must be made available to all on equal terms. (d) Segregation of children in public schools solely on the basis of race deprives children of the minority group of equal educational opportunities, even though the physical facilities and other "tangible" factors may be equal. (e) The "separate but equal" doctrine adopted in Plessy v. Ferguson, 163 U.S. 537, has no place in the field of public education. (f) The cases are restored to the docket for further argument on specified questions relating to the forms of the decrees. Opinion MR. CHIEF JUSTICE WARREN delivered the opinion of the Court. These cases come to us from the States of Kansas, South Carolina, Virginia, and This document appears in the Compendium: Chapter 21 Warren Court: Front row, left to right: Felix Frankfurter, Hugo Black, Chief Justice Earl Warren, Stanley Reed, William Douglas. Back row, left to right: Tom Clark, Robert Jackson, Harold Burton, Sherman Minton — Image from the Library of Congress Annotation: The Supreme Court ruled that separating children in public schools on the basis of race was unconstitutional. It signaled the end of legalized racial segregation in the schools of the United States, overruling the "separate but equal" principle set forth in the 1896 Plessy v. Ferguson case. Summary Video by Mr. Beat Author: Earl Warren — Chief Justice October 10, 1953 - June 23, 1969 Transcript Source: https://www.archives.gov/milestone-documents/brown-v-board-of-education Delaware. They are premised on different facts and different local conditions, but a common legal question justifies their consideration together in this consolidated opinion. In each of the cases, minors of the Negro race, through their legal representatives, seek the aid of the courts in obtaining admission to the public schools of their community on a nonsegregated basis. In each instance, they had been denied admission to schools attended by white children under laws requiring or permitting segregation according to race. This segregation was alleged to deprive the plaintiffs of the equal protection of the laws under the Fourteenth Amendment. In each of the cases other than the Delaware case, a three-judge federal district court denied relief to the plaintiffs on the so-called "separate but equal" doctrine announced by this Court in Plessy v. Ferguson, 163 U.S. 537. Under that doctrine, equality of treatment is accorded when the races are provided substantially equal facilities, even though these facilities be separate. In the Delaware case, the Supreme Court of Delaware adhered to that doctrine, but ordered that the plaintiffs be admitted to the white schools because of their superiority to the Negro schools. The plaintiffs contend that segregated public schools are not "equal" and cannot be made "equal," and that hence they are deprived of the equal protection of the laws. Because of the obvious importance of the question presented, the Court took jurisdiction. Argument was heard in the 1952 Term, and reargument was heard this Term on certain questions propounded by the Court. Reargument was largely devoted to the circumstances surrounding the adoption of the Fourteenth Amendment in 1868. It covered exhaustively consideration of the Amendment in Congress, ratification by the states, then-existing practices in racial segregation, and the views of proponents and opponents of the Amendment. This discussion and our own investigation convince us that, although these sources cast some light, it is not enough to resolve the problem with which we are faced. At best, they are inconclusive. The most avid proponents of the post-War Amendments undoubtedly intended them to remove all legal distinctions among "all persons born or naturalized in the United States." Their opponents, just as certainly, were antagonistic to both the letter and the spirit of the Amendments and wished them to have the most limited effect. What others in Congress and the state legislatures had in mind cannot be determined with any degree of certainty. An additional reason for the inconclusive nature of the Amendment's history with respect to segregated schools is the status of public education at that time. In the South, the movement toward free common schools, supported by general taxation, had not yet taken hold. Education of white children was largely in the hands of private groups. Education of Negroes was almost nonexistent, and practically all of the race were illiterate. In fact, any education of Negroes was forbidden by law in some states. Today, in contrast, many Negroes have achieved outstanding success in the arts and sciences, as well as in the business and professional world. It is true that public school education at the time of the Amendment had advanced further in the North, but the effect of the Amendment on Northern States was generally ignored in the congressional debates. Even in the North, the conditions of public education did not approximate those existing today. The curriculum was usually rudimentary; ungraded schools were common in rural areas; the school term was but three months a year in many states, and compulsory school attendance was virtually unknown. As a consequence, it is not surprising that there should be so little in the history of the Fourteenth Amendment relating to its intended effect on public education. In the first cases in this Court construing the Fourteenth Amendment, decided shortly after its adoption, the Court interpreted it as proscribing all state-imposed discriminations against the Negro race. The doctrine of "separate but equal" did not make its appearance in this Court until 1896 in the case of Plessy v. Ferguson, supra, involving not education but transportation. American courts have since labored with the doctrine for over half a century. In this Court, there have been six cases involving the "separate but equal" doctrine in the field of public education. In Cumming v. County Board of Education, 175 U.S. 528, and Gong Lum v. Rice, 275 U.S. 78, the validity of the doctrine itself was not challenged. In more recent cases, all on the graduate school level, inequality was found in that specific benefits enjoyed by white students were denied to Negro students of the same educational qualifications. Missouri ex rel. Gaines v. Canada, 305 U.S. 337; Sipuel v. Oklahoma, 332 U.S. 631; Sweatt v. Painter, 339 U.S. 629; McLaurin v. Oklahoma State Regents, 339 U.S. 637. In none of these cases was it necessary to reexamine the doctrine to grant relief to the Negro plaintiff. And in Sweatt v. Painter, supra, the Court expressly reserved decision on the question whether Plessy v. Ferguson should be held inapplicable to public education. In the instant cases, that question is directly presented. Here, unlike Sweatt v. Painter, there are findings below that the Negro and white schools involved have been equalized, or are being equalized, with respect to buildings, curricula, qualifications and salaries of teachers, and other "tangible" factors. Our decision, therefore, cannot turn on merely a comparison of these tangible factors in the Negro and white schools involved in each of the cases. We must look instead to the effect of segregation itself on public education. In approaching this problem, we cannot turn the clock back to 1868, when the Amendment was adopted, or even to 1896, when Plessy v. Ferguson was written. We must consider public education in the light of its full development and its present place in American life throughout the Nation. Only in this way can it be determined if segregation in public schools deprives these plaintiffs of the equal protection of the laws. Today, education is perhaps the most important function of state and local governments. Compulsory school attendance laws and the great expenditures for education both demonstrate our recognition of the importance of education to our democratic society. It is required in the performance of our most basic public responsibilities, even service in the armed forces. It is the very foundation of good citizenship. Today it is a principal instrument in awakening the child to cultural values, in preparing him for later professional training, and in helping him to adjust normally to his environment. In these days, it is doubtful that any child may reasonably be expected to succeed in life if he is denied the opportunity of an education. Such an opportunity, where the state has undertaken to provide it, is a right which must be made available to all on equal terms. We come then to the question presented: Does segregation of children in public schools solely on the basis of race, even though the physical facilities and other "tangible" factors may be equal, deprive the children of the minority group of equal educational opportunities? We believe that it does. In Sweatt v. Painter, supra, in finding that a segregated law school for Negroes could not provide them equal educational opportunities, this Court relied in large part on "those qualities which are incapable of objective measurement but which make for greatness in a law school." In McLaurin v. Oklahoma State Regents, supra, the Court, in requiring that a Negro admitted to a white graduate school be treated like all other students, again resorted to intangible considerations: ". . . his ability to study, to engage in discussions and exchange views with other students, and, in general, to learn his profession." Such considerations apply with added force to children in grade and high schools. To separate them from others of similar age and qualifications solely because of their race generates a feeling of inferiority as to their status in the community that may affect their hearts and minds in a way unlikely ever to be undone. The effect of this separation on their educational opportunities was well stated by a finding in the Kansas case by a court which nevertheless felt compelled to rule against the Negro plaintiffs: Segregation of white and colored children in public schools has a detrimental effect upon the colored children. The impact is greater when it has the sanction of the law, for the policy of separating the races is usually interpreted as denoting the inferiority of the negro group. A sense of inferiority affects the motivation of a child to learn. Segregation with the sanction of law, therefore, has a tendency to [retard] the educational and mental development of negro children and to deprive them of some of the benefits they would receive in a racial[ly] integrated school system. Whatever may have been the extent of psychological knowledge at the time of Plessy v. Ferguson, this finding is amply supported by modern authority. Any language in Plessy v. Ferguson contrary to this finding is rejected. We conclude that, in the field of public education, the doctrine of "separate but equal" has no place. Separate educational facilities are inherently unequal. Therefore, we hold that the plaintiffs and others similarly situated for whom the actions have been brought are, by reason of the segregation complained of, deprived of the equal protection of the laws guaranteed by the Fourteenth Amendment. This disposition makes unnecessary any discussion whether such segregation also violates the Due Process Clause of the Fourteenth Amendment. Because these are class actions, because of the wide applicability of this decision, and because of the great variety of local conditions, the formulation of decrees in these cases presents problems of considerable complexity. On reargument, the consideration of appropriate relief was necessarily subordinated to the primary question -- the constitutionality of segregation in public education. We have now announced that such segregation is a denial of the equal protection of the laws. In order that we may have the full assistance of the parties in formulating decrees, the cases will be restored to the docket, and the parties are requested to present further argument on Questions 4 and 5 previously propounded by the Court for the reargument this Term The Attorney General of the United States is again invited to participate. The Attorneys General of the states requiring or permitting segregation in public education will also be permitted to appear as amici curiae upon request to do so by September 15, 1954, and submission of briefs by October 1, 1954. It is so ordered. Disclaimer: Official Supreme Court case law is only found in the print version of the United States Reports. This is provided for general informational purposes only, and may not reflect current legal developments, verdicts or settlements. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or information linked to from this site. Please check official sources.

Cooper v. Aaron Decided September 12, 1958 SUPREME COURT OF THE UNITED STATES COOPER ET A., MEMBERS OF THE BOARD OF DIRECTORS OF THE LITTLE ROCK, ARKANSAS, INDEPENDENT SCHOOL DISTRICT, ET AL. v. AARON ET AL Argued September 11, 1958 Decided September 12, 1958 Opinion announced September 29, 1958 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT Syllabus Under a plan of gradual desegregation of the races in the public schools of Little Rock, Arkansas, adopted by petitioners and approved by the courts below, respondents, Negro children, were ordered admitted to a previously all-white high school at the beginning of the 1957-1958 school year. Due to actions by the Legislature and Governor of the State opposing desegregation, and to threats of mob violence resulting therefrom, respondents were unable to attend the school until troops were sent and maintained there by the Federal Government for their protection; but they attended the school for the remainder of that school year. Finding that these events had resulted in tensions, bedlam, chaos and turmoil in the school, which disrupted the educational process, the District Court, in June, 1958, granted petitioners' request that operation of their plan of desegregation be suspended for two and one-half years, and that respondents be sent back to segregated schools. The Court of Appeals reversed. Held: The judgment of the Court of Appeals is affirmed, and the orders of the District Court enforcing petitioners' plan of desegregation are reinstated, effective immediately. 1. This Court cannot countenance a claim by the Governor and Legislature of a State that there is no duty on state officials to obey federal court orders resting on this Court's considered interpretation of the United States Constitution in Brown v. Board of Education, 2. This Court rejects the contention that it should uphold a suspension of the Little Rock School Board's plan to do away with segregated public schools in Little Rock until state laws and efforts to upset and nullify its holding in the Brown case have been further challenged and tested in the courts. 3. In many locations, obedience to the duty of desegregation will require the immediate general admission of Negro children, otherwise qualified as students for their appropriate classes at particular schools. This document appears in the Compendium: Chapter 21 Warren Court: Front row, left to right: Tom Clark, Hugo Black, Earl Warren, William Douglas, John Harlan II. Back row, left to right: Felix Frankfurter, Harold Burton, William Brennan Jr., Charles Whittaker Annotation: Cooper v. Aaron (1958) — The Supreme Court unanimously ruled that state officials could not refuse to comply with the Court's desegregation orders established in Brown v. Board of Education. The Court held that the Constitution and the Supreme Court's interpretations of it are binding on all states under the Supremacy Clause. The decision reaffirmed federal authority and strengthened the enforcement of school desegregation during the Civil Rights Movement. Author: Justice William Brennan Jr. primarily drafted the Opinion although it was jointly authored by all nine Justices. Transcript Source: https://tile.loc.gov/storage-services/service/ll/usrep/usrep358/usrep358001/usrep358001.pdf 4. If, after analysis of the relevant factors (which, of course, excludes hostility to racial desegregation), a District Court concludes that justification exists for not requiring the present nonsegregated admission of all qualified Negro children to public schools, it should scrutinize the program of the school authorities to make sure that they have developed arrangements pointed toward the earliest practicable completion of desegregation, and have taken appropriate steps to put their program into effective operation. 5. The petitioners stand in this litigation as the agents of the State, and they cannot assert their good faith as an excuse for delay in implementing the respondents' constitutional rights when vindication of those rights has been rendered difficult or impossible by the actions of other state officials. 6. The constitutional rights of respondents are not to be sacrificed or yielded to the violence and disorder which have followed upon the actions of the Governor and Legislature, and law and order are not here to be preserved by depriving the Negro children of their constitutional rights. 7. The constitutional rights of children not to be discriminated against in school admission on grounds of race or color declared by this Court in the Brown case can neither be nullified openly and directly by state legislators or state executives or judicial officers, nor nullified indirectly by them through evasive schemes for segregation whether attempted "ingeniously or ingenuously." 8. The interpretation of the Fourteenth Amendment enunciated by this Court in the Brown case is the supreme law of the land, and Art. VI of the Constitution makes it of binding effect on the States "any Thing in the Constitution or Laws of any State to the Contrary notwithstanding." 9. No state legislator or executive or judicial officer can war against the Constitution without violating his solemn oath to support it. 10. State support of segregated schools through any arrangement, management, funds or property cannot be squared with the command of the Fourteenth Amendment that no State shall deny to any person within its jurisdiction the equal protection of the laws. affirmed. Opinion of the Court by THE CHIEF JUSTICE, MR. JUSTICE BLACK, MR. JUSTICE FRANKFURTER, MR. JUSTICE DOUGLAS, MR. JUSTICE BURTON, MR. JUSTICE CLARK, MR. JUSTICE HARLAN, MR. JUSTICE BRENNAN, and MR. JUSTICE WHITTAKER. As this case reaches us, it raises questions of the highest importance to the maintenance of our federal system of government. It necessarily involves a claim by the Governor and Legislature of a State that there is no duty on state officials to obey federal court orders resting on this Court's considered interpretation of the United States Constitution. Specifically, it involves actions by the Governor and Legislature of Arkansas upon the premise that they are not bound by our holding in Brown v. Board of Education, 347 U. S. 483. That holding was that the Fourteenth Amendment forbids States to use their governmental powers to bar children on racial grounds from attending schools where there is state participation through any arrangement, management, funds or property. We are urged to uphold a suspension of the Little Rock School Board's plan to do away with segregated public schools in Little Rock until state laws and efforts to upset and nullify our holding in Brown v. Board of Education have been further challenged and tested in the courts. We reject these contentions. The case was argued before us on September 11, 1958. On the following day, we unanimously affirmed the judgment of the Court of Appeals for the Eighth Circuit, 257 F.2d 33, which had reversed a judgment of the District Court for the Eastern District of Arkansas, 163 F. Supp. 13. The District Court had granted the application of the petitioners, the Little Rock School Board and School Superintendent, to suspend for two and one-half years the operation of the School Board's court-approved desegregation program. In order that the School Board might know, without doubt, its duty in this regard before the opening of school, which had been set for the following Monday, September 15, 1958, we immediately issued the judgment, reserving the expression of our supporting views to a later date.** This opinion of all of the members of the Court embodies those views. The following are the facts and circumstances so far as necessary to show how the legal questions are presented. On May 17, 1954, this Court decided that enforced racial segregation in the public schools of a State is a denial of the equal protection of the laws enjoined by the Fourteenth Amendment. Brown v. Board of Education, 347 U. S. 483. The Court postponed, pending further argument, formulation of a decree to effectuate this decision. That decree was rendered May 31, 1955. Brown v. Board of Education, 349 U. S. 294. In the formulation of that decree, the Court recognized that good faith compliance with the principles declared in Brown might, in some situations, "call for elimination of a variety of obstacles in making the transition to school systems operated in accordance with the constitutional principles set forth in our May 17, 1954, decision." Id. at 349 U. S. 300. The Court went on to state: "Courts of equity may properly take into account the public interest in the elimination of such obstacles in a systematic and effective manner. But it should go without saying that the vitality of these constitutional principles cannot be allowed to yield simply because of disagreement with them." "While giving weight to these public and private considerations, the courts will require that the defendants make a prompt and reasonable start toward full compliance with our May 17, 1954, ruling. Once such a start has been made, the courts may find that additional time is necessary to carry out the ruling in an effective manner. The burden rests upon the defendants to establish that such time is necessary in the public interest and is consistent with good faith compliance at the earliest practicable date. To that end, the courts may consider problems related to administration, arising from the physical condition of the school plant, the school transportation system, personnel, revision of school districts and attendance areas into compact units to achieve a system of determining admission to the public schools on a nonracial basis, and revision of local laws and regulations which may be necessary in solving the foregoing problems." Under such circumstances, the District Courts were directed to require "a prompt and reasonable start toward full compliance," and to take such action as was necessary to bring about the end of racial segregation in the public schools "with all deliberate speed." Ibid. Of course, in many locations, obedience to the duty of desegregation would require the immediate general admission of Negro children, otherwise qualified as students for their appropriate classes at particular schools. On the other hand, a District Court, after analysis of the relevant factors (which, of course, excludes hostility to racial desegregation), might conclude that justification existed for not requiring the present nonsegregated admission of all qualified Negro children. In such circumstances, however, the Court should scrutinize the program of the school authorities to make sure that they had developed arrangements pointed toward the earliest practicable completion of desegregation, and had taken appropriate steps to put their program into effective operation. It was made plain that delay in any guise in order to deny the constitutional rights of Negro children could not be countenanced, and that only a prompt start, diligently and earnestly pursued, to eliminate racial segregation from the public schools could constitute good faith compliance. State authorities were thus duty bound to devote every effort toward initiating desegregation and bringing about the elimination of racial discrimination in the public school system. On May 20, 1954, three days after the first Brown opinion, the Little Rock District School Board adopted, and on May 23, 1954, made public, a statement of policy entitled "Supreme Court Decision -- Segregation in Public Schools." In this statement, the Board recognized that "It is our responsibility to comply with Federal Constitutional Requirements, and we intend to do so when the Supreme Court of the United States outlines the method to be followed. " Thereafter, the Board undertook studies of the administrative problems confronting the transition to a desegregated public school system at Little Rock. It instructed the Superintendent of Schools to prepare a plan for desegregation, and approved such a plan on May 24, 1955, seven days before the second Brown opinion. The plan provided for desegregation at the senior high school level (grades 10 through 12) as the first stage. Desegregation at the junior high and elementary levels was to follow. It was contemplated that desegregation at the high school level would commence in the fall of 1957, and the expectation was that complete desegregation of the school system would be accomplished by 1963. Following the adoption of this plan, the Superintendent of Schools discussed it with a large number of citizen groups in the city. As a result of these discussions, the Board reached the conclusion that "a large majority of the residents" of Little Rock were of "the belief . . . that the Plan, although objectionable in principle" from the point of view of those supporting segregated schools, "was still the best for the interests of all pupils in the District." Upon challenge by a group of Negro plaintiffs desiring more rapid completion of the desegregation process, the District Court upheld the School Board's plan, Aaron v. Cooper, 143 F. Supp. 855. The Court of Appeals affirmed, 243 F.2d 361. Review of that judgment was not sought here. While the School Board was thus going forward with its preparation for desegregating the Little Rock school system, other state authorities, in contrast, were actively pursuing a program designed to perpetuate in Arkansas the system of racial segregation which this Court had held violated the Fourteenth Amendment. First came, in November, 1956, an amendment to the State Constitution flatly commanding the Arkansas General Assembly to oppose "in every Constitutional manner the Unconstitutional desegregation decisions of May 17, 1954, and May 31, 1955, of the United States Supreme Court," Ark.Const.Amend. 44, and, through the initiative, a pupil assignment law, Ark.Stats. §§ 80-1519 to 80-1524. Pursuant to this state constitutional command, a law relieving school children from compulsory attendance at racially mixed schools, Ark.Stats. § 80-1525, and a law establishing a State Sovereignty Commission, Ark.Stats. §§ 6-801 to 6-824, were enacted by the General Assembly in February, 1957. The School Board and the Superintendent of Schools nevertheless continued with preparations to carry out the first stage of the desegregation program. Nine Negro children were scheduled for admission in September, 1957, to Central High School, which has more than two thousand students. Various administrative measures, designed to assure the smooth transition of this first stage of desegregation, were undertaken. On September 2, 1957, the day before these Negro students were to enter Central High, the school authorities were met with drastic opposing action on the part of the Governor of Arkansas, who dispatched units of the Arkansas National Guard to the Central High School grounds and placed the school "off limits" to colored students. As found by the District Court in subsequent proceedings, the Governor's action had not been requested by the school authorities, and was entirely unheralded. The findings were these: "Up to this time [September 2], no crowds had gathered about Central High School and no acts of violence or threats of violence in connection with the carrying out of the plan had occurred. Nevertheless, out of an abundance of caution, the school authorities had frequently conferred with the Mayor and Chief of Police of Little Rock about taking appropriate steps by the Little Rock police to prevent any possible disturbances or acts of violence in connection with the attendance of the 9 colored students at Central High School. The Mayor considered that the Little Rock police force could adequately cope with any incidents which might arise at the opening of school. The Mayor, the Chief of Police, and the school authorities made no request to the Governor or any representative of his for State assistance in maintaining peace and order at Central High School. Neither the Governor nor any other official of the State government consulted with the Little Rock authorities about whether the Little Rock police were prepared to cope with any incidents which might arise at the school, about any need for State assistance in maintaining peace and order, or about stationing the Arkansas National Guard at Central High School." Aaron v. Cooper, 156 F. Supp. 220, 225. The Board's petition for postponement in this proceeding states: "The effect of that action [of the Governor] was to harden the core of opposition to the Plan and cause many persons who theretofore had reluctantly accepted the Plan to believe there was some power in the State of Arkansas which, when exerted, could nullify the Federal law and permit disobedience of the decree of this [District] Court, and, from that date, hostility to the Plan was increased, and criticism of the officials of the [School] District has become more bitter and unrestrained." The Governor's action caused the School Board to request the Negro students on September 2 not to attend the high school "until the legal dilemma was solved." The next day, September 3, 1957, the Board petitioned the District Court for instructions, and the court, after a hearing, found that the Board's request of the Negro students to stay away from the high school had been made because of the stationing of the military guards by the state authorities. The court determined that this was not a reason for departing from the approved plan, and ordered the School Board and Superintendent to proceed with it. On the morning of the next day, September 4, 1957, the Negro children attempted to enter the high school, but, as the District Court later found, units of the Arkansas National Guard, "acting pursuant to the Governor's order, stood shoulder to shoulder at the school grounds and thereby forcibly prevented the 9 Negro students . . . from entering," as they continued to do every school day during the following three weeks. 156 F. Supp. at 225. That same day, September 4, 1957, the United States Attorney for the Eastern District of Arkansas was requested by the District Court to begin an immediate investigation in order to fix responsibility for the interference with the orderly implementation of the District Court's direction to carry out the desegregation program. Three days later, September 7, the District Court denied a petition of the School Board and the Superintendent of Schools for an order temporarily suspending continuance of the program. Upon completion of the United States Attorney's investigation, he and the Attorney General of the United States at the District Court's request, entered the proceedings and filed a petition on behalf of the United States, as amicus curiae, to enjoin the Governor of Arkansas and officers of the Arkansas National Guard from further attempts to prevent obedience to the court's order. After hearings on the petition, the District Court found that the School Board's plan had been obstructed by the Governor through the use of National Guard troops, and granted a preliminary injunction on September 20, 1957, enjoining the Governor and the officers of the Guard from preventing the attendance of Negro children at Central High School, and from otherwise obstructing or interfering with the orders of the court in connection with the plan. 156 F. Supp. 220, affirmed, Faubus v. United States, 254 F.2d 797. The National Guard was then withdrawn from the school. The next school day was Monday, September 23, 1957. The Negro children entered the high school that morning under the protection of the Little Rock Police Department and members of the Arkansas State Police. But the officers caused the children to be removed from the school during the morning because they had difficulty controlling a large and demonstrating crowd which had gathered at the high school. 163 F. Supp. at 16. On September 25, however, the President of the United States dispatched federal troops to Central High School, and admission of the Negro students to the school was thereby effected. Regular army troops continued at the high school until November 27, 1957. They were then replaced by federalized National Guardsmen who remained throughout the balance of the school year. Eight of the Negro students remained in attendance at the school throughout the school year. We come now to the aspect of the proceedings presently before us. On February 20, 1958, the School Board and the Superintendent of Schools filed a petition in the District Court seeking a postponement of their program for desegregation. Their position, in essence, was that, because of extreme public hostility, which they stated had been engendered largely by the official attitudes and actions of the Governor and the Legislature, the maintenance of a sound educational program at Central High School, with the Negro students in attendance, would be impossible. The Board therefore proposed that the Negro students already admitted to the school be withdrawn and sent to segregated schools, and that all further steps to carry out the Board's desegregation program be postponed for a period later suggested by the Board to be two and one-half years. After a hearing, the District Court granted the relief requested by the Board. Among other things, the court found that the past year at Central High School had been attended by conditions of "chaos, bedlam and turmoil"; that there were "repeated incidents of more or less serious violence directed against the Negro students and their property"; that there was "tension and unrest among the school administrators, the classroom teachers, the pupils, and the latters' parents, which inevitably had an adverse effect upon the educational program"; that a school official was threatened with violence; that a "serious financial burden" had been cast on the School District; that the education of the students had suffered "and under existing conditions will continue to suffer"; that the Board would continue to need "military assistance or its equivalent"; that the local police department would not be able "to detail enough men to afford the necessary protection"; and that the situation was "intolerable." 163 F. Supp. at 20-26. The District Court's judgment was dated June 20, 1958. The Negro respondents appealed to the Court of Appeals for the Eighth Circuit and also sought there a stay of the District Court's judgment. At the same time, they filed a petition for certiorari in this Court asking us to review the District Court's judgment without awaiting the disposition of their appeal to the Court of Appeals, or of their petition to that court for a stay. That we declined to do. 357 U. S. 566. The Court of Appeals did not act on the petition for a stay, but, on August 18, 1958, after convening in special session on August 4 and hearing the appeal, reversed the District Court, 257 F.2d 33. On August 21, 1958, the Court of Appeals stayed its mandate to permit the School Board to petition this Court for certiorari. Pending the filing of the School Board's petition for certiorari, the Negro respondents, on August 23, 1958, applied to MR. JUSTICE WHITTAKER, as Circuit Justice for the Eighth Circuit, to stay the order of the Court of Appeals withholding its own mandate, and also to stay the District Court's judgment. In view of the nature of the motions, he referred them to the entire Court. Recognizing the vital importance of a decision of the issues in time to permit arrangements to be made for the 1958-1959 school year, see Aaron v. Cooper, 357 U. S. 566, 357 U. S. 567, we convened in Special Term on August 28, 1958, and heard oral argument on the respondents' motions, and also argument of the Solicitor General who, by invitation, appeared for the United States as amicus curiae, and asserted that the Court of Appeals' judgment was clearly correct on the merits, and urged that we vacate its stay forthwith. Finding that respondents' application necessarily involved consideration of the merits of the litigation, we entered an order which deferred decision upon the motions pending the disposition of the School Board's petition for certiorari, and fixed September 8, 1958, as the day on or before which such petition might be filed, and September 11, 1958, for oral argument upon the petition. The petition for certiorari, duly filed, was granted in open Court on September 11, 1958, 358 U. S. 29, and further arguments were had, the Solicitor General again urging the correctness of the judgment of the Court of Appeals. On September 12, 1958, as already mentioned, we unanimously affirmed the judgment of the Court of Appeals in the per curiam opinion set forth in the margin at the outset of this opinion. In affirming the judgment of the Court of Appeals which reversed the District Court, we have accepted without reservation the position of the School Board, the Superintendent of Schools, and their counsel that they displayed entire good faith in the conduct of these proceedings and in dealing with the unfortunate and distressing sequence of events which has been outlined. We likewise have accepted the findings of the District Court as to the conditions at Central High School during the 1957-1958 school year, and also the findings that the educational progress of all the students, white and colored, of that school has suffered, and will continue to suffer if the conditions which prevailed last year are permitted to continue. The significance of these findings, however, is to be considered in light of the fact, indisputably revealed by the record before us, that the conditions they depict are directly traceable to the actions of legislators and executive officials of the State of Arkansas, taken in their official capacities, which reflect their own determination to resist this Court's decision in the Brown case and which have brought about violent resistance to that decision in Arkansas. In its petition for certiorari filed in this Court, the School Board itself describes the situation in this language: "The legislative, executive, and judicial departments of the state government opposed the desegregation of Little Rock schools by enacting laws, calling out troops, making statements villifying federal law and federal courts, and failing to utilize state law enforcement agencies and judicial processes to maintain public peace." One may well sympathize with the position of the Board in the face of the frustrating conditions which have confronted it, but, regardless of the Board's good faith, the actions of the other state agencies responsible for those conditions compel us to reject the Board's legal position. Had Central High School been under the direct management of the State itself, it could hardly be suggested that those immediately in charge of the school should be heard to assert their own good faith as a legal excuse for delay in implementing the constitutional rights of these respondents, when vindication of those rights was rendered difficult of impossible by the actions of other state officials. The situation here is in no different posture because the members of the School Board and the Superintendent of Schools are local officials; from the point of view of the Fourteenth Amendment, they stand in this litigation as the agents of the State. The constitutional rights of respondents are not to be sacrificed or yielded to the violence and disorder which have followed upon the actions of the Governor and Legislature. As this Court said some 41 years ago in a unanimous opinion in a case involving another aspect of racial segregation: "It is urged that this proposed segregation will promote the public peace by preventing race conflicts. Desirable as this is, and important as is the preservation of the public peace, this aim cannot be accomplished by laws or ordinances which deny rights created or protected by the federal Constitution." Buchanan v. Warley, 245 U. S. 60, 245 U. S. 81. Thus, law and order are not here to be preserved by depriving the Negro children of their constitutional rights. The record before us clearly establishes that the growth of the Board's difficulties to a magnitude beyond its unaided power to control is the product of state action. Those difficulties, as counsel for the Board forthrightly conceded on the oral argument in this Court, can also be brought under control by state action. The controlling legal principles are plain. The command of the Fourteenth Amendment is that no "State" shall deny to any person within its jurisdiction the equal protection of the laws. "A State acts by its legislative, its executive, or its judicial authorities. It can act in no other way. The constitutional provision, therefore, must mean that no agency of the State, or of the officers or agents by whom its powers are exerted, shall deny to any person within its jurisdiction the equal protection of the laws. Whoever, by virtue of public position under a State government, . . . denies or takes away the equal protection of the laws violates the constitutional inhibition; and, as he acts in the name and for the State, and is clothed with the State's power, his act is that of the State. This must be so, or the constitutional prohibition has no meaning." Ex parte Virginia, 100 U. S. 339, 100 U. S. 347. Thus, the prohibitions of the Fourteenth Amendment extend to all action of the State denying equal protection of the laws; whatever the agency of the State taking the action, see Virginia v. Rives, 100 U. S. 313; Pennsylvania v. Board of Directors of City Trusts of Philadelphia, 353 U. S. 230; Shelley v. Kraemer, 334 U. S. 1; or whatever the guise in which it is taken, see Derrington v. Plummer, 240 F.2d 922; Department of Conservation and Development v. Tate, 231 F.2d 615. In short, the constitutional rights of children not to be discriminated against in school admission on grounds of race or color declared by this Court in the Brown case can neither be nullified openly and directly by state legislators or state executive or judicial officers nor nullified indirectly by them through evasive schemes for segregation whether attempted "ingeniously or ingenuously." Smith v. Texas, 311 U. S. 128, 311 U. S. 132. What has been said, in the light of the facts developed, is enough to dispose of the case. However, we should answer the premise of the actions of the Governor and Legislature that they are not bound by our holding in the Brown case. It is necessary only to recall some basic constitutional propositions which are settled doctrine. Article VI of the Constitution makes the Constitution the "supreme Law of the Land." In 1803, Chief Justice Marshall, speaking for a unanimous Court, referring to the Constitution as "the fundamental and paramount law of the nation," declared in the notable case of Marbury v. Madison, 1 Cranch 137, 5 U. S. 177, that "It is emphatically the province and duty of the judicial department to say what the law is." This decision declared the basic principle that the federal judiciary is supreme in the exposition of the law of the Constitution, and that principle has ever since been respected by this Court and the Country as a permanent and indispensable feature of our constitutional system. It follows that the interpretation of the Fourteenth Amendment enunciated by this Court in the Brown case is the supreme law of the land, and Art. VI of the Constitution makes it of binding effect on the States "any Thing in the Constitution or Laws of any State to the Contrary notwithstanding." Every state legislator and executive and judicial officer is solemnly committed by oath taken pursuant to Art. VI, cl. 3 "to support this Constitution." Chief Justice Taney, speaking for a unanimous Court in 1859, said that this requirement reflected the framers' "anxiety to preserve it [the Constitution] in full force, in all its powers, and to guard against resistance to or evasion of its authority, on the part of a State. . . ." Ableman v. Booth, 21 How. 506, 62 U. S. 524. No state legislator or executive or judicial officer can war against the Constitution without violating his undertaking to support it. Chief Justice Marshall spoke for a unanimous Court in saying that: "If the legislatures of the several states may at will, annul the judgments of the courts of the United States, and destroy the rights acquired under those judgments, the constitution itself becomes a solemn mockery. . . ." United States v. Peters, 5 Cranch 115, 9 U. S. 136. A Governor who asserts a power to nullify a federal court order is similarly restrained. If he had such power, said Chief Justice Hughes, in 1932, also for a unanimous Court, "it is manifest that the fiat of a state Governor, and not the Constitution of the United States, would be the supreme law of the land; that the restrictions of the Federal Constitution upon the exercise of state power would be but impotent phrases. . . ." Sterling v. Constantin, 287 U. S. 378, 287 U. S. 397-398. It is, of course, quite true that the responsibility for public education is primarily the concern of the States, but it is equally true that such responsibilities, like all other state activity, must be exercised consistently with federal constitutional requirements as they apply to state action. The Constitution created a government dedicated to equal justice under law. The Fourteenth Amendment embodied and emphasized that ideal. State support of segregated schools through any arrangement, management, funds, or property cannot be squared with the Amendment's command that no State shall deny to any person within its jurisdiction the equal protection of the laws. The right of a student not to be segregated on racial grounds in schools so maintained is indeed so fundamental and pervasive that it is embraced in the concept of due process of law. Bolling v. Sharpe, 347 U. S. 497. The basic decision in Brown was unanimously reached by this Court only after the case had been briefed and twice argued and the issues had been given the most serious consideration. Since the first Brown opinion, three new Justices have come to the Court. They are at one with the Justices still on the Court who participated in that basic decision as to its correctness, and that decision is now unanimously reaffirmed. The principles announced in that decision and the obedience of the States to them, according to the command of the Constitution, are indispensable for the protection of the freedoms guaranteed by our fundamental charter for all of us. Our constitutional ideal of equal justice under law is thus made a living truth. * NOTE: The per curiam opinion announced on September 12, 1958, and printed in a footnote, post, p. 358 U. S. 5, applies not only to this case but also to No. 1, Misc., August Special Term, 1958, Aaron et al. v. Cooper et al., on application for vacation of order of the United States Court of Appeals for the Eighth Circuit staying issuance of its mandate, for stay of order of the United States District Court for the Eastern District of Arkansas, and for such other orders as petitioners may be entitled to, argued August 28, 1958. ** The following was the Court's per curiam opinion: "PER CURIAM." "The Court, having fully deliberated upon the oral arguments had on August 28, 1958, as supplemented by the arguments presented on September 11, 1958, and all the briefs on file, is unanimously of the opinion that the judgment of the Court of Appeals for the Eighth Circuit of August 18, 1958, 257 F.2d 33, must be affirmed. In view of the imminent commencement of the new school year at the Central High School of Little Rock, Arkansas, we deem it important to make prompt announcement of our judgment affirming the Court of Appeals. The expression of the views supporting our judgment will be prepared and announced in due course." "It is accordingly ordered that the judgment of the Court of Appeals for the Eighth Circuit, dated August 18, 1958, 257 F.2d 33, reversing the judgment of the District Court for the Eastern District of Arkansas, dated June 20, 1958, 163 F. Supp. 13, be affirmed, and that the judgments of the District Court for the Eastern District of Arkansas, dated August 28, 1956, 143 F. Supp. 855, and September 3, 1957, enforcing the School Board's plan for desegregation in compliance with the decision of this Court in Brown v. Board of Education, 347 U. S. 483, be reinstated. It follows that the order of the Court of Appeals dated August 21, 1958, staying its own mandate is of no further effect." "The judgment of this Court shall be effective immediately, and shall be communicated forthwith to the District Court for the Eastern District of Arkansas." Justice Felix Frankfurter Concurring opinion of MR. JUSTICE FRANKFURTER. While unreservedly participating with my brethren in our joint opinion, I deem it appropriate also to deal individually with the great issue here at stake. By working together, by sharing in a common effort, men of different minds and tempers, even if they do not reach agreement, acquire understanding and thereby tolerance of their differences. This process was under way in Little Rock. The detailed plan formulated by the Little Rock School Board, in the light of local circumstances, had been approved by the United States District Court in Arkansas as satisfying the requirements of this Court's decree in Brown v. Board of Education, 349 U. S. 294. The Little Rock School Board had embarked on an educational effort "to obtain public acceptance" of its plan. Thus, the process of the community's accommodation to new demands of law upon it, the development of habits of acceptance of the right of colored children to the equal protection of the laws guaranteed by the Constitution, Amend. 14, had peacefully and promisingly begun. The condition in Little Rock before this process was forcibly impeded by those in control of the government of Arkansas was thus described by the District Court, and these findings of fact have not been controverted: "14. Up to this time, no crowds had gathered about Central High School and no acts of violence or threats of violence in connection with the carrying out of the plan had occurred. Nevertheless, out of an abundance of caution, the school authorities had frequently conferred with the Mayor and Chief of Police of Little Rock about taking appropriate steps by the Little Rock police to prevent any possible disturbances or acts of violence in connection with the attendance of the 9 colored students at Central High School. The Mayor considered that the Little Rock police force could adequately cope with any incidents which might arise at the opening of school. The Mayor, the Chief of Police, and the school authorities made no request to the Governor or any representative of his for State assistance in maintaining peace and order at Central High School. Neither the Governor nor any other official of the State government consulted with the Little Rock authorities about whether the Little Rock police were prepared to cope with any incidents which might arise at the school, about any need for State assistance in maintaining peace and order, or about stationing the Arkansas National Guard at Central High School." All this was disrupted by the introduction of the state militia and by other obstructive measures taken by the State. The illegality of these interferences with the constitutional right of Negro children qualified to enter the Central High School is unaffected by whatever action or nonaction the Federal Government had seen fit to take. Nor is it neutralized by the undoubted good faith of the Little Rock School Board in endeavoring to discharge its constitutional duty. The use of force to further obedience to law is, in any event, a last resort, and one not congenial to the spirit of our Nation. But the tragic aspect of this disruptive tactic was that the power of the State was used not to sustain law, but as an instrument for thwarting law. The State of Arkansas is thus responsible for disabling one of its subordinate agencies, the Little Rock School Board, from peacefully carrying out the Board's and the State's constitutional duty. Accordingly, while Arkansas is not a formal party in these proceedings and a decree cannot go against the State, it is legally and morally before the Court. We are now asked to hold that the illegal, forcible interference by the State of Arkansas with the continuance of what the Constitution commands, and the consequences in disorder that it entrained, should be recognized as justification for undoing what the School Board had formulated, what the District Court in 1955 had directed to be carried out, and what was in process of obedience. No explanation that may be offered in support of such a request can obscure the inescapable meaning that law should bow to force. To yield to such a claim would be to enthrone official lawlessness, and lawlessness, if not checked, is the precursor of anarchy. On the few tragic occasions in the history of the Nation, North and South, when law was forcibly resisted or systematically evaded, it has signaled the breakdown of constitutional processes of government on which ultimately rest the liberties of all. Violent resistance to law cannot be made a legal reason for its suspension without loosening the fabric of our society. What could this mean but to acknowledge that disorder under the aegis of a State has moral superiority over the law of the Constitution? For those in authority thus to defy the law of the land is profoundly subversive not only of our constitutional system, but of the presuppositions of a democratic society. The State "must . . . yield to an authority that is paramount to the State." This language of command to a State is Mr. Justice Holmes', speaking for the Court that comprised Mr. Justice Van Devanter, Mr. Justice McReynolds, Mr. Justice Brandeis, Mr. Justice Sutherland, Mr. Justice Butler and Mr. Justice Stone. Wisconsin v. Illinois, 281 U. S. 179, 281 U. S. 197. When defiance of law, judicially pronounced, was last sought to be justified before this Court, views were expressed which are now especially relevant: "The historic phrase 'a government of laws, and not of men ' epitomizes the distinguishing character of our political society. When John Adams put that phrase into the Massachusetts Declaration of Rights, he was not indulging in a rhetorical flourish. He was expressing the aim of those who, with him, framed the Declaration of Independence and founded the Republic. 'A government of laws, and not of men,' was the rejection in positive terms of rule by fiat, whether by the fiat of governmental or private power. Every act of government may be challenged by an appeal to law, as finally pronounced by this Court. Even this Court has the last say only for a time. Being composed of fallible men, it may err. But revision of its errors must be by orderly process of law. The Court may be asked to reconsider its decisions, and this has been done successfully again and again throughout our history. Or what this Court has deemed its duty to decide may be changed by legislation, as it often has been, and, on occasion, by constitutional amendment." "But, from their own experience and their deep reading in history, the Founders knew that Law alone saves a society from being rent by internecine strife or ruled by mere brute power however disguised. 'Civilization involves subjection of force to reason, and the agency of this subjection is law.' (Pound, The Future of Law (1937) 47 Yale L.J. 1, 13.) The conception of a government by laws dominated the thoughts of those who founded this Nation and designed its Constitution, although they knew as well as the belittlers of the conception that laws have to be made, interpreted and enforced by men. To that end, they set apart a body of men who were to be the depositories of law, who, by their disciplined training and character and by withdrawal from the usual temptations of private interest, may reasonably be expected to be 'as free, impartial, and independent as the lot of humanity will admit.' So strongly were the framers of the Constitution bent on securing a reign of law that they endowed the judicial office with extraordinary safeguards and prestige. No one, no matter how exalted his public office or how righteous his private motive, can be judge in his own case. That is what courts are for." United States v. United Mine Workers, 330 U. S. 258, 330 U. S. 307-309 (concurring opinion). The duty to abstain from resistance to "the supreme Law of the Land," U.S. Const., Art. VI, 2, as declared by the organ of our Government for ascertaining it, does not require immediate approval of it, nor does it deny the right of dissent. Criticism need not be stilled. Active obstruction or defiance is barred. Our kind of society cannot endure if the controlling authority of the Law as derived from the Constitution is not to be the tribunal specially charged with the duty of ascertaining and declaring what is "the supreme Law of the Land." See President Andrew Jackson's Message to Congress of January 16, 1833, II Richardson, Messages and Papers of the Presidents (1896 ed.) 610, 623. Particularly is this so where the declaration of what "the supreme Law" commands on an underlying moral issue is not the dubious pronouncement of a gravely divided Court, but is the unanimous conclusion of a long-matured deliberative process. The Constitution is not the formulation of the merely personal views of the members of this Court, nor can its authority be reduced to the claim that state officials are its controlling interpreters. Local customs, however hardened by time, are not decreed in heaven. Habits and feelings they engender may be counteracted and moderated. Experience attests that such local habits and feelings will yield, gradually though this be, to law and education. And educational influences are exerted not only by explicit teaching. They vigorously flow from the fruitful exercise of the responsibility of those charged with political official power, and from the almost unconsciously transforming actualities of living under law. The process of ending unconstitutional exclusion of pupils from the common school system -- "common" meaning shared alike -- solely because of color is no doubt not an easy, overnight task in a few States where a drastic alteration in the ways of communities is involved. Deep emotions have, no doubt, been stirred. They will not be calmed by letting violence loose -- violence and defiance employed and encouraged by those upon whom the duty of law observance should have the strongest claim -- nor by submitting to it under whatever guise employed. Only the constructive use of time will achieve what an advanced civilization demands and the Constitution confirms. For carrying out the decision that color alone cannot bar a child from a public school, this Court has recognized the diversity of circumstances in local school situations. But is it a reasonable hope that the necessary endeavors for such adjustment will be furthered, that racial frictions will be ameliorated, by a reversal of the process and interrupting effective measures toward the necessary goal? The progress that has been made in respecting the constitutional rights of the Negro children, according to the graduated plan sanctioned by the two lower courts, would have to be retraced, perhaps with even greater difficulty because of deference to forcible resistance. It would have to be retraced against the seemingly vindicated feeling of those who actively sought to block that progress. Is there not the strongest reason for concluding that to accede to the Board's request, on the basis of the circumstances that gave rise to it, for a suspension of the Board's nonsegregation plan, would be but the beginning of a series of delays calculated to nullify this Court's adamant decisions in the Brown case that the Constitution precludes compulsory segregation based on color in state-supported schools? That the responsibility of those who exercise power in a democratic government is not to reflect inflamed public feeling, but to help form its understanding, is especially true when they are confronted with a problem like a racially discriminating public school system. This is the lesson to be drawn from the heartening experience in ending enforced racial segregation in the public schools in cities with Negro populations of large proportions. Compliance with decisions of this Court, as the constitutional organ of the supreme Law of the Land, has often, throughout our history, depended on active support by state and local authorities. It presupposes such support. To withhold it, and indeed to use political power to try to paralyze the supreme Law, precludes the maintenance of our federal system as we have known and cherished it for one hundred and seventy years. Lincoln's appeal to "the better angels of our nature" failed to avert a fratricidal war. But the compassionate wisdom of Lincoln's First and Second Inaugurals bequeathed to the Union, cemented with blood, a moral heritage which, when drawn upon in times of stress and strife, is sure to find specific ways and means to surmount difficulties that may appear to be insurmountable. Disclaimer: Official Supreme Court case law is only found in the print version of the United States Reports. This is provided for general informational purposes only, and may not reflect current legal developments, verdicts or settlements. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or information linked to from this site. Please check official sources.

United States v. Darby Decided February 3, 1941 SUPREME COURT OF THE UNITED STATES UNITED STATES v. DARBY Argued December 19, 20, 1940 Decided February 3, 1941 APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF GEORGIA Syllabus 1. The Fair Labor Standards Act of 1938 provides for fixing minimum wages and maximum hours for employees engaged in the production of goods for interstate commerce, with increased compensation for overtime, and forbids, under pain of fine and imprisonment: (1) violation by an employer of such wage and hour provisions; (2) shipment by him in interstate commerce of any goods in the production of which any employee was employed in violation of such provisions, and (3) failure of the employer to keep such records of his employees and of their wages and hours, as shall be prescribed by administrative regulation or order. Held within the commerce power and consistent with the Fifth and Tenth Amendments. 2. While manufacture is not of itself interstate commerce, the shipment of manufactured goods interstate is such commerce, and the prohibition of such shipment by Congress is a regulation of interstate commerce. 3. Congress, following its own conception of public policy concerning the restrictions which may appropriately be imposed on interstate commerce, is free to exclude from it articles whose use in the State for which they are destined it may conceive to be injurious to the public health, morals or welfare, even though the State has not sought to regulate their use. 4. Such regulation is not a forbidden invasion of state power merely because either its motive or its consequence is to restrict the use of articles of commerce within the States of destination, and is valid unless prohibited by other Constitutional provisions. 5. The motive and purpose of the present regulation are plainly to make effective the Congressional conception of public policy that interstate commerce should not be made the instrument of competition in the distribution of goods produced under substandard labor conditions, which competition is injurious to the commerce and to the States from and to which it flows. 6. The motive and purpose of a regulation of interstate commerce are matters for the legislative judgment upon the exercise of which the Constitution places no restriction, and over which the courts are given no control. This document appears in the Compendium: Chapter 20 Hughes Court: Front Row: Owen Josephus Roberts, James Clark McReynolds, Charles Evans Hughes (Chief Justice), Harlan Fiske Stone, Hugo Black. Back Row: William Orville Douglas, Stanley Forman Reed, Felix Frankfurter, Frank Murphy. Annotation: the Supreme Court unanimously upheld the Fair Labor Standards Act of 1938, holding that Congress could regulate wages and hours for workers producing goods intended for interstate commerce under the Commerce Clause. The Court rejected the argument that the Tenth Amendment prevented such federal regulation and overturned Hammer v. Dagenhart, establishing a broader interpretation of Congress's power to regulate interstate commerce. Author: Justice Harlan F. Stone delivered the Opinion although it was jointly authored by all nine Justices. Transcript Source: https://tile.loc.gov/storage-services/service/ll/usrep/usrep312/usrep312100/usrep312100.pdf?utm_source=chatgpt.com 7. In prohibiting interstate shipment of goods produced under the forbidden substandard labor conditions, the Act is within the authority of Congress, if no Constitutional provision forbids. P. 312 U.S. 115. 8. Hammer v. Dagenhart, 247 U. S. 251, overruled; Carter v. Carter Coal Co., 298 U. S. 238, declared to have been limited. 9. The "production for interstate commerce" intended by the Act includes, at least, production of goods, which, at the time of production, the employer, according to the normal course of his business, intends or expects to move in interstate commerce although, through the exigencies of the business, all of the goods may not thereafter actually enter interstate commerce. 10. The power of Congress over interstate commerce extends to those intrastate activities which so affect interstate commerce or the exercise of the power of Congress over it as to make their regulation an appropriate means to the attainment of a legitimate end -- the exercise of the granted power of Congress to regulate interstate commerce. 11. Congress, having by the present Act adopted the policy of excluding from interstate commerce all goods produced for that commerce which do not conform to the specified labor standards, it may choose the means reasonably adapted to the attainment of the permitted end, even though they involve control of intrastate activities. 12. Independently of the prohibition of shipment or transportation of the proscribed goods, the provision of the Act for the suppression of their production for interstate commerce is within the commerce power. 13. The Tenth Amendment is not a limitation upon the authority of the National Government to resort to all means for the exercise of a granted power which are appropriate and plainly adapted to the permitted end. 14. The requirements of the Act as to the keeping of records are valid as incidental to the wage and hour requirements. 15. The wage and hour provisions of the Act do not violate the due process clause of the Fifth Amendment. 16. In its criminal aspect, the Act is sufficiently definite to meet constitutional demands. 32 F. Supp. 734, reversed. APPEAL, under the Criminal Appeals Act, from a judgment quashing an indictment. MR. JUSTICE STONE delivered the opinion of the Court. The two principal questions raised by the record in this case are, first, whether Congress has constitutional power to prohibit the shipment in interstate commerce of lumber manufactured by employees whose wages are less than a prescribed minimum or whose weekly hours of labor at that wage are greater than a prescribed maximum, and, second, whether it has power to prohibit the employment of workmen in the production of goods "for interstate commerce" at other than prescribed wages and hours. A subsidiary question is whether, in connection with such prohibitions, Congress can require the employer subject to them to keep records showing the hours worked each day and week by each of his employees including those engaged "in the production and manufacture of goods, to-wit, lumber, for interstate commerce.'" Appellee demurred to an indictment found in the district court for southern Georgia charging him with violation of § 15(a)(1)(2) and (5) of the Fair Labor Standards Act of 1938; 52 Stat. 1060, 29 U.S.C. § 201, et seq. The district court sustained the demurrer and quashed the indictment, and the case comes here on direct appeal under § 238 of the Judicial Code as amended, 28 U.S.C. § 345, and § 682, Title 18 U.S.C. 34 Stat. 1246, which authorizes an appeal to this Court when the judgment sustaining the demurrer "is based upon the invalidity or construction of the statute upon which the indictment is founded." The Fair Labor Standards Act set up a comprehensive legislative scheme for preventing the shipment in interstate commerce of certain products and commodities produced in the United States under labor conditions as respects wages and hours which fail to conform to standards set up by the Act. Its purpose, as we judicially know from the declaration of policy in § 2(a) of the Act, and the reports of Congressional committees proposing the legislation, S.Rept. No. 884, 75th Cong. 1st Sess.; H.Rept. No. 1452, 75th Cong. 1st Sess.; H.Rept. No. 2182, 75th Cong.3d Sess., Conference Report, H.Rept. No. 2738, 75th Cong.3d Sess., is to exclude from interstate commerce goods produced for the commerce and to prevent their production for interstate commerce under conditions detrimental to the maintenance of the minimum standards of living necessary for health and general wellbeing, and to prevent the use of interstate commerce as the means of competition in the distribution of goods so produced, and as the means of spreading and perpetuating such substandard labor conditions among the workers of the several states. The Act also sets up an administrative procedure whereby those standards may from time to time be modified generally as to industries subject to the Act or within an industry in accordance with specified standards, by an administrator acting in collaboration with "Industry Committees" appointed by him. Section 15 of the statute prohibits certain specified acts, and § 16(a) punishes willful violation of it by a fine of not more than $10,000, and punishes each conviction after the first by imprisonment of not more than six months or by the specified fine, or both. Section 15(1) makes unlawful the shipment in interstate commerce of any goods "in the production of which any employee was employed in violation of section 6 or section 7," which provide, among other things, that, during the first year of operation of the Act, a minimum wage of 25 cents per hour shall be paid to employees "engaged in [interstate] commerce or the production of goods for [interstate] commerce," § 6, and that the maximum hours of employment for employees "engaged in commerce or the production of goods for commerce" without increased compensation for overtime, shall be forty-four hours a week. § 7. Section 15(a)(2) makes it unlawful to violate the provisions of §§ 6 and 7, including the minimum wage and maximum hour requirements just mentioned for employees engaged in production of goods for commerce. Section 15(a)(5) makes it unlawful for an employer subject to the Act to violate § 11(c), which requires him to keep such records of the persons employed by him and of their wages and hours of employment as the administrator shall prescribe by regulation or order. The indictment charges that appellee is engaged, in the State of Georgia, in the business of acquiring raw materials, which he manufactures into finished lumber with the intent, when manufactured, to ship it in interstate commerce to customers outside the state, and that he does, in fact, so ship a large part of the lumber so produced. There are numerous counts charging appellee with the shipment in interstate commerce from Georgia to points outside the state of lumber in the production of which, for interstate commerce, appellee has employed workmen at less than the prescribed minimum wage or more than the prescribed maximum hours without payment to them of any wage for overtime. Other counts charge the employment by appellee of workmen in the production of lumber for interstate commerce at wages at less than 25 cents an hour or for more than the maximum hours per week without payment to them of the prescribed overtime wage. Still another count charges appellee with failure to keep records showing the hours worked each day a week by each of his employees as required by § 11(c) and the regulation of the administrator, Title 29, Ch. 5, Code of Federal Regulations, Part 516, and also that appellee unlawfully failed to keep such records of employees engaged "in the production and manufacture of goods, to-wit lumber, for interstate commerce." The demurrer, so far as now relevant to the appeal, challenged the validity of the Fair Labor Standards Act under the Commerce Clause and the Fifth and Tenth Amendments. The district court quashed the indictment in its entirety upon the broad grounds that the Act, which it interpreted as a regulation of manufacture within the states, is unconstitutional. It declared that manufacture is not interstate commerce, and that the regulation by the Fair Labor Standards Act of wages and hours of employment of those engaged in the manufacture of goods which it is intended at the time of production "may or will be" after production "sold in interstate commerce in part or in whole" is not within the congressional power to regulate interstate commerce. The effect of the court's decision and judgment is thus to deny the power of Congress to prohibit shipment in interstate commerce of lumber produced for interstate commerce under the proscribed substandard labor conditions of wages and hours, its power to penalize the employer for his failure to conform to the wage and hour provisions in the case of employees engaged in the production of lumber which he intends thereafter to ship in interstate commerce in part or in whole according to the normal course of his business, and its power to compel him to keep records of hours of employment as required by the statute and the regulations of the administrator. The case comes here on assignments by the Government that the district court erred insofar as it held that Congress was without constitutional power to penalize the acts set forth in the indictment, and appellee seeks to sustain the decision below on the grounds that the prohibition by Congress of those Acts is unauthorized by the Commerce Clause and is prohibited by the Fifth Amendment. The appeal statute limits our jurisdiction on this appeal to a review of the determination of the district court so far only as it is based on the validity or construction of the statute. United States v. Borden Co., 308 U. S. 188, 308 U. S. 193-195, and cases cited. Hence, we accept the district court's interpretation of the indictment and confine our decision to the validity and construction of the statute. The prohibition of shipment of the proscribed goods in interstate commerce. Section 15(a)(1) prohibits, and the indictment charges, the shipment in interstate commerce, of goods produced for interstate commerce by employees whose wages and hours of employment do not conform to the requirements of the Act. Since this section is not violated unless the commodity shipped has been produced under labor conditions prohibited by § 6 and § 7, the only question arising under the commerce clause with respect to such shipments is whether Congress has the constitutional power to prohibit them. While manufacture is not, of itself, interstate commerce, the shipment of manufactured goods interstate is such commerce, and the prohibition of such shipment by Congress is indubitably a regulation of the commerce. The power to regulate commerce is the power "to prescribe the rule by which commerce is governed." Gibbons v. Ogden, 9 Wheat. 1, 22 U. S. 196. It extends not only to those regulations which aid, foster and protect the commerce, but embraces those which prohibit it. Reid v. Colorado, 187 U. S. 137; Lottery Case, 188 U. S. 321; United States v. Delaware & Hudson Co., 213 U. S. 366; Hoke v. United States, 227 U. S. 308; Clark Distilling Co. v. Western Maryland Ry. Co., 242 U. S. 311; United States v. Hill, 248 U. S. 420; McCormick & Co. v. Brown, 286 U. S. 131. It is conceded that the power of Congress to prohibit transportation in interstate commerce includes noxious articles, Lottery Case, supra; Hipolite Egg Co. v. United States, 220 U. S. 45; cf. Hoke v. United States, supra; stolen articles, Brooks v. United States, 267 U. S. 432; kidnapped persons, Gooch v. United States, 297 U. S. 124, and articles, such as intoxicating liquor or convict made goods, traffic in which is forbidden or restricted by the laws of the state of destination. Kentucky Whip & Collar Co. v. Illinois Central R. Co., 299 U. S. 334. But it is said that the present prohibition falls within the scope of none of these categories; that, while the prohibition is nominally a regulation of the commerce, its motive or purpose is regulation of wages and hours of persons engaged in manufacture, the control of which has been reserved to the states and upon which Georgia and some of the states of destination have placed no restriction; that the effect of the present statute is not to exclude the proscribed articles from interstate commerce in aid of state regulation, as in Kentucky Whip & Collar Co. v. Illinois Central R. Co., supra, but instead, under the guise of a regulation of interstate commerce, it undertakes to regulate wages and hours within the state contrary to the policy of the state which has elected to leave them unregulated. The power of Congress over interstate commerce "is complete in itself, may be exercised to its utmost extent, and acknowledges no limitations other than are prescribed in the Constitution." Gibbons v. Ogden, supra, 22 U. S. 196. That power can neither be enlarged nor diminished by the exercise or nonexercise of state power. Kentucky Whip & Collar Co. v. Illinois Central R. Co., supra. Congress, following its own conception of public policy concerning the restrictions which may appropriately be imposed on interstate commerce, is free to exclude from the commerce articles whose use in the states for which they are destined it may conceive to be injurious to the public health, morals or welfare, even though the state has not sought to regulate their use. Reid v. Colorado, supra; Lottery Case, supra; Hipolite Egg Co. v. United States, supra; Hoke v. United States, supra. Such regulation is not a forbidden invasion of state power merely because either its motive or its consequence is to restrict the use of articles of commerce within the states of destination, and is not prohibited unless by other Constitutional provisions. It is no objection to the assertion of the power to regulate interstate commerce that its exercise is attended by the same incidents which attend the exercise of the police power of the states. Seven Cases v. United States, 239 U. S. 510, 239 U. S. 614; Hamilton v. Kentucky Distilleries & Warehouse Co., 251 U. S. 146, 251 U. S. 156; United States v. Carolene Products Co., 304 U.S. 144, 304 U. S. 147; United States v. Appalachian Electric Power Co., 311 U. S. 377. The motive and purpose of the present regulation are plainly to make effective the Congressional conception of public policy that interstate commerce should not be made the instrument of competition in the distribution of goods produced under substandard labor conditions, which competition is injurious to the commerce and to the states from and to which the commerce flows. The motive and purpose of a regulation of interstate commerce are matters for the legislative judgment upon the exercise of which the Constitution places no restriction, and over which the courts are given no control. McCray v. United States, 195 U. S. 27; Sonzinsky v. United States, 300 U. S. 506, 300 U. S. 513, and cases cited. "The judicial cannot prescribe to the legislative department of the government limitations upon the exercise of its acknowledged power." Veazie Bank v. Fenno, 8 Wall. 533. Whatever their motive and purpose, regulations of commerce which do not infringe some constitutional prohibition are within the plenary power conferred on Congress by the Commerce Clause. Subject only to that limitation, presently to be considered, we conclude that the prohibition of the shipment interstate of goods produced under the forbidden substandard labor conditions is within the constitutional authority of Congress. In the more than a century which has elapsed since the decision of Gibbons v. Ogden, these principles of constitutional interpretation have been so long and repeatedly recognized by this Court as applicable to the Commerce Clause that there would be little occasion for repeating them now were it not for the decision of this Court twenty-two years ago in Hammer v. Dagenhart, 247 U. S. 251. In that case, it was held by a bare majority of the Court, over the powerful and now classic dissent of Mr. Justice Holmes setting forth the fundamental issues involved, that Congress was without power to exclude the products of child labor from interstate commerce. The reasoning and conclusion of the Court's opinion there cannot be reconciled with the conclusion which we have reached, that the power of Congress under the Commerce Clause is plenary to exclude any article from interstate commerce subject only to the specific prohibitions of the Constitution. Hammer v. Dagenhart has not been followed. The distinction on which the decision was rested, that Congressional power to prohibit interstate commerce is limited to articles which in themselves have some harmful or deleterious property -- a distinction which was novel when made and unsupported by any provision of the Constitution -- has long since been abandoned. Brooks v. United States, supra; Kentucky Whip & Collar Co. v. Illinois Central R. Co., supra; Electric Bond & Share Co. v. Securities & Exchange Comm'n, 303 U. S. 419; Mulford v. Smith, 307 U. S. 38. The thesis of the opinion -- that the motive of the prohibition or its effect to control in some measure the use or production within the states of the article thus excluded from the commerce can operate to deprive the regulation of its constitutional authority -- has long since ceased to have force. Reid v. Colorado, supra; Lottery Case, supra; Hipolite Egg Co. v. United States, supra; Seven Cases v. United States, supra, 239 U. S. 514; Hamilton v. Kentucky Distilleries & Warehouse Co., supra, 251 U. S. 156; United States v. Carolene Products Co., supra, 304 U. S. 147. And finally, we have declared "The authority of the federal government over interstate commerce does not differ in extent or character from that retained by the states over intrastate commerce." United States v. Rock Royal Cooperative, 307 U. S. 533, 307 U. S. 569. The conclusion is inescapable that Hammer v. Dagenhart was a departure from the principles which have prevailed in the interpretation of the Commerce Clause both before and since the decision, and that such vitality, as a precedent, as it then had, has long since been exhausted. It should be, and now is, overruled. Validity of the wage and hour requirements. Section 15(a)(2) and §§ 6 and 7 require employers to conform to the wage and hour provisions with respect to all employees engaged in the production of goods for interstate commerce. As appellee's employees are not alleged to be "engaged in interstate commerce," the validity of the prohibition turns on the question whether the employment, under other than the prescribed labor standards, of employees engaged in the production of goods for interstate commerce is so related to the commerce, and so affects it, as to be within the reach of the power of Congress to regulate it. To answer this question, we must at the outset determine whether the particular acts charged in the counts which are laid under § 15(a)(2) as they were construed below constitute "production for commerce" within the meaning of the statute. As the Government seeks to apply the statute in the indictment, and as the court below construed the phrase "produced for interstate commerce," it embraces at least the case where an employer engaged, as is appellee, in the manufacture and shipment of goods in filling orders of extrastate customers, manufactures his product with the intent or expectation that, according to the normal course of his business, all or some part of it will be selected for shipment to those customers. Without attempting to define the precise limits of the phrase, we think the acts alleged in the indictment are within the sweep of the statute. The obvious purpose of the Act was not only to prevent the interstate transportation of the proscribed product, but to stop the initial step toward transportation, production with the purpose of so transporting it. Congress was not unaware that most manufacturing businesses shipping their product in interstate commerce make it in their shops without reference to its ultimate destination, and then, after manufacture, select some of it for shipment interstate and some intrastate, according to the daily demands of their business, and that it would be practically impossible, without disrupting manufacturing businesses, to restrict the prohibited kind of production to the particular pieces of lumber, cloth, furniture or the like which later move in interstate, rather than intrastate, commerce. Cf. United States v. New York Central R. Co., 272 U. S. 457, 272 U. S. 464. The recognized need of drafting a workable statute and the well known circumstances in which it was to be applied are persuasive of the conclusion, which the legislative history supports, S.Rept. No. 884, 75th Cong. 1st Sess., pp. 7 and 8; H.Rept. No. 2738, 75th Cong.3d Sess., p. 17, that the "production for commerce" intended includes at least production of goods which, at the time of production, the employer, according to the normal course of his business, intends or expects to move in interstate commerce although, through the exigencies of the business, all of the goods may not thereafter actually enter interstate commerce. There remains the question whether such restriction on the production of goods for commerce is a permissible exercise of the commerce power. The power of Congress over interstate commerce is not confined to the regulation of commerce among the states. It extends to those activities intrastate which so affect interstate commerce or the exercise of the power of Congress over it as to make regulation of them appropriate means to the attainment of a legitimate end, the exercise of the granted power of Congress to regulate interstate commerce. See McCulloch v. Maryland, 4 Wheat. 316, 17 U. S. 421. Cf. United States v. Ferger, 250 U. S. 199. While this Court has many times found state regulation of interstate commerce, when uniformity of its regulation is of national concern, to be incompatible with the Commerce Clause even though Congress has not legislated on the subject, the Court has never implied such restraint on state control over matters intrastate not deemed to be regulations of interstate commerce or its instrumentalities even though they affect the commerce. Minnesota Rate Cases, 230 U. S. 352, 230 U. S. 398 et seq., and case cited; 230 U. S. 410 et seq., and cases cited. In the absence of Congressional legislation on the subject, state laws which are not regulations of the commerce itself or its instrumentalities are not forbidden, even though they affect interstate commerce. Kidd v. Pearson, 128 U. S. 1; Bacon v. Illinois, 227 U. S. 504; Heisler v. Thomas Colliery Co., 260 U. S. 245; Oliver Iron Co. v. Lord, 262 U. S. 172. But it does not follow that Congress may not, by appropriate legislation, regulate intrastate activities where they have a substantial effect on interstate commerce. See Santa Cruz Fruit Packing Co. v. National Labor Relations Board, 303 U. S. 453, 303 U. S. 466. A recent example is the National Labor Relations Act for the regulation of employer and employee relations in industries in which strikes, induced by unfair labor practices named in the Act, tend to disturb or obstruct interstate commerce. See National Labor Relations Board v. Jones & Laughlin Steel Corp., 301 U. S. 1, 301 U. S. 38, 301 U. S. 40; National Labor Relations Board v. Fainblatt, 306 U. S. 601, 306 U. S. 604, and cases cited. But, long before the adoption of the National Labor Relations Act, this Court had many times held that the power of Congress to regulate interstate commerce extends to the regulation through legislative action of activities intrastate which have a substantial effect on the commerce or the exercise of the Congressional power over it. In such legislation, Congress has sometimes left it to the courts to determine whether the intrastate activities have the prohibited effect on the commerce, as in the Sherman Act. It has sometimes left it to an administrative board or agency to determine whether the activities sought to be regulated or prohibited have such effect, as in the case of the Interstate Commerce Act and the National Labor Relations Act, or whether they come within the statutory definition of the prohibited Act, as in the Federal Trade Commission Act. And sometimes Congress itself has said that a particular activity affects the commerce, as it did in the present Act, the Safety Appliance Act, and the Railway Labor Act. In passing on the validity of legislation of the class last mentioned, the only function of courts is to determine whether the particular activity regulated or prohibited is within the reach of the federal power. See United States v. Ferger, supra; Virginian Ry. Co. v. Federation, 300 U. S. 515, 300 U. S. 553. Congress having by the present Act adopted the policy of excluding from interstate commerce all goods produced for the commerce which do not conform to the specified labor standards, it may choose the means reasonably adapted to the attainment of the permitted end even though they involve control of intrastate activities. Such legislation has often been sustained with respect to powers other than the commerce power granted to the national government when the means chosen, although not themselves within the granted power, were nevertheless deemed appropriate aids to the accomplishment of some purpose within an admitted power of the national government. See Jacob Ruppert, Inc. v. Caffey, 251 U. S. 264; Everard's Breweries v. Day, 265 U. S. 545, 265 U. S. 560; Westfall v. United States, 274 U. S. 256, 274 U. S. 259. As to state power under the Fourteenth Amendment, compare Otis v. Parker, 187 U. S. 606, 187 U. S. 609; St. John v. New York, 201 U. S. 633; Purity Extract & Tonic Co. v. Lynch, 226 U. S. 192, 226 U. S. 201-202. A familiar like exercise of power is the regulation of intrastate transactions which are so commingled with or related to interstate commerce that all must be regulated if the interstate commerce is to be effectively controlled. Shreveport Case, 234 U. S. 342; Railroad Commission of Wisconsin v. Chicago, B. & Q. R. Co., 257 U. S. 563; United States v. New York Central R. Co., supra, 272 U. S. 464; Currin v. Wallace, 306 U. S. 1; Mulford v. Smith, supra. Similarly, Congress may require inspection and preventive treatment of all cattle in a disease infected area in order to prevent shipment in interstate commerce of some of the cattle without the treatment. Thornton v. United States, 271 U. S. 414. It may prohibit the removal, at destination, of labels required by the Pure Food & Drugs Act to be affixed to articles transported in interstate commerce. McDermott v. Wisconsin, 228 U. S. 115. And we have recently held that Congress, in the exercise of its power to require inspection and grading of tobacco shipped in interstate commerce, may compel such inspection and grading of all tobacco sold at local auction rooms from which a substantial part, but not all, of the tobacco sold is shipped in interstate commerce. Currin v. Wallace, supra, 306 U. S. 11, and see, to the like effect, United States v. Rock Royal Co-op., supra, 307 U. S. 568, note 37. We think also that § 15(a)(2), now under consideration, is sustainable independently of § 15(a)(1), which prohibits shipment or transportation of the proscribed goods. As we have said, the evils aimed at by the Act are the spread of substandard labor conditions through the use of the facilities of interstate commerce for competition by the goods so produced with those produced under the prescribed or better labor conditions, and the consequent dislocation of the commerce itself caused by the impairment or destruction of local businesses by competition made effective through interstate commerce. The Act is thus directed at the suppression of a method or kind of competition in interstate commerce which it has, in effect, condemned as "unfair," as the Clayton Act has condemned other "unfair methods of competition" made effective through interstate commerce. See Van Camp & Sons Co. v. American Can Co., 278 U. S. 245; Federal Trade Comm'n v. Keppel & Bro., 291 U. S. 304. The Sherman Act and the National Labor Relations Act are familiar examples of the exertion of the commerce power to prohibit or control activities wholly intrastate because of their effect on interstate commerce. See, as to the Sherman Act, Northern Securities Co. v. United States, 193 U. S. 197; Swift & Co. v. United States, 196 U. S. 375; United States v. Patten, 226 U. S. 525; United Mine Workers v. Coronado Coal Co., 259 U. S. 344; Local No. 167 v. United States, 291 U. S. 293; Stevens Co. v. Foster & Kleiser Co., 311 U. S. 255. As to the National Labor Relations Act, see National Labor Relations Board v. Fainblatt, supra, and cases cited. The means adopted by § 15(a)(2) for the protection of interstate commerce by the suppression of the production of the condemned goods for interstate commerce is so related to the commerce, and so affects it, as to be within the reach of the commerce power. See Currin v. Wallace, supra, 306 U. S. 11. Congress, to attain its objective in the suppression of nationwide competition in interstate commerce by goods produced under substandard labor conditions, has made no distinction as to the volume or amount of shipments in the commerce or of production for commerce by any particular shipper or producer. It recognized that, in present day industry, competition by a small part may affect the whole, and that the total effect of the competition of many small producers may be great. See H.Rept. No. 2182, 75th Cong. 1st Sess., p. 7. The legislation, aimed at a whole, embraces all its parts. Cf. National Labor Relations Board v. Fainblatt, supra, 306 U. S. 606. So far as Carter v. Carter Coal Co., 298 U. S. 238, is inconsistent with this conclusion, its doctrine is limited in principle by the decisions under the Sherman Act and the National Labor Relations Act, which we have cited and which we follow. See also Sunshine Anthracite Coal Co. v. Adkins, 310 U. S. 381; Currin v. Wallace, supra; Mulford v. Smith, supra; United States v. Rock Royal Co-op., supra; Clover Fork Coal Co. v. National Labor Relations Board, 97 F.2d 331; National Labor Relations Board v. Crowe Coal Co., 104 F.2d 633; National Labor Relations Board v. Good Coal Co., 110 F.2d 501. Our conclusion is unaffected by the Tenth Amendment. which provides: "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people." The amendment states but a truism that all is retained which has not been surrendered. There is nothing in the history of its adoption to suggest that it was more than declaratory of the relationship between the national and state governments as it had been established by the Constitution before the amendment, or that its purpose was other than to allay fears that the new national government might seek to exercise powers not granted, and that the states might not be able to exercise fully their reserved powers. See e.g., II Elliot's Debates, 123, 131; III id. 450, 464, 600; IV id. 140, 149; I Annals of Congress, 432, 761, 767-768; Story, Commentaries on the Constitution, §§ 1907-1908. From the beginning and for many years, the amendment has been construed as not depriving the national government of authority to resort to all means for the exercise of a granted power which are appropriate and plainly adapted to the permitted end. Martin v. Hunter's Lessee, 1 Wheat. 304, 14 U. S. 324, 14 U. S. 325; McCulloch v. Maryland, supra, 17 U. S. 405, 17 U. S. 406; Gordon v. United States, 117 U.S.Appx 697, 705; Lottery Case, supra; Northern Securities Co. v. United States, supra, 193 U. S. 344-345; Everard's Breweries v. Day, supra, 265 U. S. 558; United States v. Sprague, 282 U. S. 716, 282 U. S. 733; see United States v. The Brigantine William, 28 Fed.Cas. No. 16,700, p. 622. Whatever doubts may have arisen of the soundness of that conclusion, they have been put at rest by the decisions under the Sherman Act and the National Labor Relations Act which we have cited. See also Ashwander v. Tennessee Valley Authority, 297 U. S. 288, 297 U. S. 330-331; Wright v. Union Central Ins. Co., 304 U. S. 502, 304 U. S. 516. Validity of the requirement of records of wages and hours. § 15(a)(5) and § 11(c). These requirements are incidental to those for the prescribed wages and hours, and hence validity of the former turns on validity of the latter. Since, as we have held, Congress may require production for interstate commerce to conform to those conditions, it may require the employer, as a means of enforcing the valid law, to keep a record showing whether he has, in fact, complied with it. The requirement for records even of the intrastate transaction is an appropriate means to the legitimate end. See Baltimore & Ohio R. Co. v. Interstate Commerce Comm'n, 221 U. S. 612; Interstate Commerce Comm'n v. Goodrich Transit Co., 224 U. S. 194; Chicago Board of Trade v. Olsen, 262 U. S. 1, 262 U. S. 42. Validity of the wage and hour provisions under the Fifth Amendment. Both provisions are minimum wage requirements compelling the payment of a minimum standard wage with a prescribed increased wage for overtime of "not less than one and one-half times the regular rate" at which the worker is employed. Since our decision in West Coast Hotel Co. v. Parrish, 300 U. S. 379, it is no longer open to question that the fixing of a minimum wage is within the legislative power, and that the bare fact of its exercise is not a denial of due process under the Fifth more than under the Fourteenth Amendment. Nor is it any longer open to question that it is within the legislative power to fix maximum hours. Holden v. Hardy, 169 U. S. 366; Muller v. Oregon, 208 U. S. 412; Bunting v. Oregon, 243 U. S. 426; Baltimore & Ohio R. Co. v. Interstate Commerce Comm'n, supra. Similarly, the statute is not objectionable because applied alike to both men and women. Cf. Bunting v. Oregon, 243 U. S. 426. The Act is sufficiently definite to meet constitutional demands. One who employs persons, without conforming to the prescribed wage and hour conditions, to work on goods which he ships or expects to ship across state lines is warned that he may be subject to the criminal penalties of the Act. No more is required. Nash v. United States, 229 U. S. 373, 229 U. S. 377. We have considered, but find it unnecessary to discuss other contentions. Reversed. Disclaimer: Official Supreme Court case law is only found in the print version of the United States Reports. This is provided for general informational purposes only, and may not reflect current legal developments, verdicts or settlements. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or information linked to from this site. Please check official sources.

FDR's Third Inaugural Address January 20, 1941 On each national day of Inauguration since 1789, the people have renewed their sense of dedication to the United States. In Washington's day the task of the people was to create and weld together a Nation. In Lincoln's day the task of the people was to preserve that Nation from disruption from within. In this day the task of the people is to save that Nation and its institutions from disruption from without. To us there has come a time, in the midst of swift happenings, to pause for a moment and take stock—to recall what our place in history has been, and to rediscover what we are and what we may be. If we do not, we risk the real peril of isolation, the real peril of inaction. Lives of Nations are determined not by the count of years, but by the lifetime of the human spirit. The life of a man is threescore years and ten: a little more, a little less. The life of a Nation is the fullness of the measure of its will to live. There are men who doubt this. There are men who believe that democracy, as a form of government and a frame of life, is limited or measured by a kind of mystical and artificial fate that, for some unexplained reason, tyranny and slavery have become the surging wave of the future—and that freedom is an ebbing tide. But we Americans know that this is not true. Eight years ago, when the life of this Republic seemed frozen by a fatalistic terror, we proved that this is not true. We were in the midst of shock—but we acted. We acted quickly, boldly, decisively. These later years have been living years—fruitful years for the people of this democracy. For they have brought to us greater security and, I hope, a better understanding that life's ideals are to be measured in other than material things. Most vital to our present and to our future is this experience of a democracy which successfully survived crisis at home; put away many evil things; built new structures on enduring lines; and, through it all, maintained the fact of its democracy. For action has been taken within the three-way framework of the Constitution of the United States. The coordinate branches of the Government continue freely to function. The Bill of Rights remains inviolate. The freedom of elections is wholly maintained. Prophets of the downfall of American democracy have seen their dire predictions come to naught. No, democracy is not dying. We know it because we have seen it revive—and grow. This document appears in the Compendium: Chapter 20 FDR at his Third Inaugural Address Annotation: FDR warned that the greatest threat facing the United States was the destruction of democracy by foreign tyranny. He contrasted the tasks of Washington, Lincoln, and his own generation, arguing that while Washington had created the nation and Lincoln had preserved it from internal division, his generation was charged with preserving it from “disruption from without.” Roosevelt defended the resilience of American democracy, emphasizing that the Constitution, separation of powers, Bill of Rights, and free elections had survived the domestic crisis of the Great Depression. Drawing upon the nation's founding tradition, he described America's “spirit” and “faith” as rooted in the pursuit of liberty and connected the preservation of democracy with the nation's obligation to prepare for national defense. He concluded by declaring that, despite the growing international peril, Americans would “go forward” in defense of their country and democratic institutions. Author: Transcript Source: https://millercenter.org/the-presidency/presidential-speeches/january-20-1941-third-inaugural-address We know it cannot die—because it is built on the unhamperedinitiative of individual men and women joined together in a commonenterprise—an enterprise undertaken and carried through by the free expression of a free majority. We know it because democracy alone, of all forms of government, enlists the full force of men's enlightened will. We know it because democracy alone has constructed an unlimited civilization capable of infinite progress in the improvement of human life. We know it because, if we look below the surface, we sense it still spreading on every continent—for it is the most humane, the most advanced, and in the end the most unconquerable of all forms of human society. A Nation, like a person, has a body—a body that must be fed and clothed and housed, invigorated and rested, in a manner that measures up to the standards of our time. A Nation, like a person, has a mind—a mind that must be kept informed and alert, that must know itself, that understands the hopes and the needs of its neighbors—all the other Nations that live within the narrowing circle of the world. A Nation, like a person, has something deeper, something more permanent, something larger than the sum of all its parts. It is that something which matters most to its future—which calls forth the most sacred guarding of its present. It is a thing for which we find it difficult—even impossible to hit upon a single, simple word. And yet, we all understand what it is—the spirit-the faith of America. It is the product of centuries. It was born in the multitudes of those who came from many lands-some of high degree, but mostly plain people—who sought here, early and late, to find freedom more freely. The democratic aspiration is no mere recent phase in human history. It is human history. It permeated the ancient life of early peoples. It blazed anew in the Middle Ages. It was written in Magna Charta. In the Americas its impact has been irresistible. America has been the New World in all tongues, and to all peoples, not because this continent was a new-found land, but because all those who came here believed they could create upon this continent a new life—a life that should be new in freedom. Its vitality was written into our own Mayflower Compact, into the Declaration of Independence, into the Constitution of the United States, into the Gettysburg Address. Those who first came here to carry out the longings of their spirit, and the millions who followed, and the stock that sprang from them—all have moved forward constantly and consistently toward an ideal which in itself has gained stature and clarity with each generation. The hopes of the Republic cannot forever tolerate either undeserved poverty or self-serving wealth. We know that we still have far to go; that we must more greatly build the security and the opportunity and the knowledge of every citizen, in the measure justified by the resources and the capacity of the land. But it is not enough to achieve these purposes alone. It is not enough to clothe and feed the body of this Nation, to instruct, and inform its mind. For there is also the spirit. And of the three, the greatest is the spirit. Without the body and the mind, as all men know, the Nation could not live. But if the spirit of America were killed, even though the Nation's body and mind, constricted in an alien world, lived on, the America we know would have perished. That spirit—that faith—speaks to us in our daily lives in ways often unnoticed, because they seem so obvious. It speaks to us here in the Capital of the Nation. It speaks to us through the processes of governing in the sovereignties of 48 States. It speaks to us in our counties, in our cities, in our towns, and in our villages. It speaks to us from the other Nations of the hemisphere, and from those across the seas—the enslaved, as well as the free. Sometimes we fail to hear or heed these voices of freedom because to us the privilege of our freedom is such an old, old story. The destiny of America was proclaimed in words of prophecy spoken by our first President in his first Inaugural in 1789—words almost directed, it would seem, to this year of 1941: "The preservation of the sacred fire of liberty and the destiny of the republican model of government are justly considered. . . deeply, . . . finally, staked on the experiment intrusted to the hands of the American people." If you and I in this later day lose that sacred fire—if we let it be smothered with doubt and fear—then we shall reject the destiny which Washington strove so valiantly and so triumphantly to establish. The preservation of the spirit and faith of the Nation does, and will, furnish the highest justification for every sacrifice that we may make in the cause of national defense. In the face of great perils never before encountered, our strong purpose is to protect and to perpetuate the integrity of democracy. For this we muster the spirit of America, and the faith of America. We do not retreat. We are not content to stand still. As Americans, we go forward, in the service of our country, by the will of God.

By The King, A Proclamation for Suppressing Rebellion and Sedition August 23, 1775 By The King, A Proclamation for Suppressing Rebellion and Sedition George R. Whereas many of our subjects in divers parts of our Colonies and Plantations in North America, misled by dangerous and ill designing men, and forgetting the allegiance which they owe to the power that has protected and supported them; after various disorderly acts committed in disturbance of the publick peace, to the obstruction of lawful commerce, and to the oppression of our loyal subjects carrying on the same; have at length proceeded to open and avowed rebellion, by arraying themselves in a hostile manner, to withstand the execution of the law, and traitorously preparing, ordering and levying war against us: And whereas, there is reason to apprehend that such rebellion hath been much promoted and encouraged by the traitorous correspondence, counsels and comfort of divers wicked and desperate persons within this Realm: To the end therefore, that none of our subjects may neglect or violate their duty through ignorance thereof, or through any doubt of the protection which the law will afford to their loyalty and zeal, we have thought fit, by and with the advice of our Privy Council, to issue our Royal Proclamation, hereby declaring, that not only all our Officers, civil and military, are obliged to exert their utmost endeavours to suppress such rebellion, and to bring the traitors to justice, but that all our subjects of this Realm, and the dominions thereunto belonging, are bound by law to be aiding and assisting in the suppression of such rebellion, and to disclose and make known all traitorous conspiracies and attempts against us, our crown and dignity; and we do accordingly strictly charge and command all our Officers, as well civil as military, and all others our obedient and loyal subjects, to use their utmost endeavours to withstand and suppress such rebellion, and to disclose and make known all treasons and traitorous conspiracies which they shall know to be against us, our crown and dignity; and for that purpose, that they transmit to one of our principal Secretaries of State, or other proper officer, due and full information of all persons who shall be found carrying on correspondence with, or in any manner or degree aiding or abetting the persons now in open arms and rebellion against our Government, within any of our Colonies and Plantations in North America, in order to bring to condign punishment the authors, perpetrators, and abetters of such traitorous designs. Given at our Court at St. James’s the twenty-third day of August, one thousand seven hundred and seventy-five, in the fifteenth year of our reign. GOD save the KING. This document appears in the Compendium: Chapter V Proclamation of Rebellion — Eyre and Strahan August 23, 1775 Annotation: The Proclamation for Suppressing Rebellion and Sedition formally declared the American colonies to be in open rebellion, ordering loyal subjects to suppress resistance and aid in restoring royal authority. By transforming colonial unrest into a legally defined rebellion against the Crown, the proclamation hardened positions on both sides and accelerated the movement toward independence. Author King George III — Allan Ramsay ca. 1762 Transcript Source: https://www.nationalarchives.gov.uk/education/resources/boston-tea-party/boston-tea-party-source-9/

Ordinance of 1784 April 23, 1784 By the United States in Congress Assembled April 23, 1784 Resolved, That so much of the territory ceded or to be ceded by individual states to the United States, as is already purchased or shall be purchased of the Indian inhabitants, and offered for sale by Congress, shall be divided into distinct states in the following manner, as nearly as such cessions will admit; that is to say, by parallels of latitude, so that each state shall comprehend from north to south two degrees of latitude, beginning to count from the completion of forty five degrees north of the equator; and by meridians of longitude, one of which shall pass through the lowest point of the rapids of Ohio, and the other through the western cape of the mouth of the great Kanhaway; but the territory eastward of this last meridian, between the Ohio, Lake Erie, and Pennsylvania, shall be one state, whatsoever may be its comprehension of latitude. That which may lie beyond the completion of the 45th degree between the said meridians shall make part of the state adjoining it on the south; and that part of the Ohio, which is between the same meridians coinciding nearly with the parallel of 39° shall be substituted so far in lieu of that parallel as a boundary line. That the settlers on any territory so purchased and offered for sale shall, either on their own petition or on the order of Congress, receive authority from them, with appointments of time and place, for their free males of full age within the limits of their state to meet together, for the purpose of establishing a temporary government, to adopt the constitution and laws of any one of the original states; so that such laws nevertheless shall be subject to alteration by their ordinary legislature; and to erect, subject to a like alteration, counties, townships, or other divisions, for the election of members for their legislature. That when any such state shall have acquired twenty thousand free inhabitants, on giving due proof thereof to Congress, they shall receive from them authority with appointments of time and place, to call a Convention of representatives to establish a permanent constitution and government for themselves. Provided that both the temporary and permanent governments be established on these principles as their basis. First. That they shall for ever remain a part of this confederacy of the United States of America. Second. That they shall be subject to the articles of confederation in all those cases in which the original states shall be so subject, and to all the acts and ordinances of the United States in Congress assembled, conformable thereto. This document appears in the Compendium: Chapter 6 Ordinance of 1784 Annotation: Drafted principally by Thomas Jefferson, with assistance from David Howell of Rhode Island and Jeremiah Townley Chase of Maryland, the Ordinance of 1784 was adopted by the Confederation Congress by a 22–2 vote on April 23, 1784. It established a framework for dividing the western territory into future states, providing for temporary governments and eventual admission into the Union on an equal footing with the original states. Jefferson's original draft also proposed prohibiting slavery in the territories after 1800, but Congress removed that provision before passing the ordinance. Author: Thomas Jefferson Text Source: https://docsteach.org/document/ordinance-1784/ Third. That they in no case shall interfere with the primary disposal of the soil by the United States in Congress assembled, nor with the ordinances and regulations which Congress may find necessary for securing the title in such soil to the bona fide purchasers. Fourth. That they shall be subject to pay a part of the federal debts contracted or to be contracted, to be apportioned on them by Congress, according to the same common rule and measure by which apportionments thereof shall be made on the other states. Fifth. That no tax shall be imposed on lands the property of the United States. Sixth. That their respective governments shall be republican. Seventh. That the lands of non resident proprietors shall in no case be taxed higher than those of residents within any new state, before the admission thereof to a vote by its delegates in Congress. That whensoever any of the said states shall have of free inhabitants, as many as shall then be in any one the least numerous of the thirteen original states, such state1 shall be admitted by its delegates into the Congress of the United States, on an equal footing with the said original states; provided the consent of so many states in Congress is first obtained as may at the time be competent to such admission. And in order to adapt1 the said articles of confederation to the state of Congress when its numbers shall be thus increased, it shall be proposed to the legislatures of the states, originally parties thereto, to require the assent of two thirds of the United States in Congress assembled, in all those cases wherein by the said articles, the assent of nine states is now required, which being agreed to by them shall be binding on the new states. Until such admission by their Delegates into Congress, any of the said states after the establishment of their temporary government shall have authority to keep a member in Congress, with a right of debating, but not of voting. That measures not inconsistent with the principles of the confederation, and necessary for the preservation of peace and good order among the settlers in any of the said new states, until they shall assume a temporary government as aforesaid, may from time to time be taken by the United States in Congress assembled. That the preceding articles shall be formed into a charter of compact; shall be duly executed by the President of the United States in Congress assembled, under his hand, and the seal of the United States; shall be promulgated; and shall stand as fundamental constitutions between the thirteen original states, and each of the several states now newly described, unalterable from and after the sale of any part of the territory of such state, pursuant to this resolve, but by the joint consent of the United States in Congress assembled, and of the particular state within which such alteration is proposed to be made.

The Charter of Massachusetts Bay March 18, 1628 CHARLES, BY THE, GRACE, OF GOD, Kinge of England, Scotland, Fraunce, and Ireland, Defendor of the Fayth, &c. To all to whome theis Presents shall come Greeting. WHEREAS, our most Deare and Royall Father, Kinge James, of blessed Memory, by his Highnes Letters-patents bearing Date at Westminster the third Day of November, in the eighteenth Yeare of His Raigne, HATH given and graunted vnto the Councell established at Plymouth, in the County of Devon, for the planting, ruling, ordering, and governing of Newe England in America, and to their Successors and Assignes for ever all that Parte of America, lyeing and being in Bredth, from Forty Degrees of Northerly Latitude from the Equinoctiall Lyne, to forty eight Degrees Of the saide Northerly Latitude inclusively, and in Length, of and within all the Breadth aforesaid, throughout the Maine Landes from Sea to Sea; together also with all the Firme Landes, Soyles, Groundes, Havens, Portes, Rivers, Waters, Fishing, Mynes, and Myneralls, as well Royall Mynes of Gould and Silver, as other Mynes ind Mvneralls, precious Stones, Quarries, and all and singular other Comodities, Jurisdiccons, Royalties, Priviledges, Franchesies, and Prehemynences, both within the said Tract of Land vpon the Mayne, and also within the Islandes and Seas adjoining: PROVIDED alwayes, That the saide Islandes, or any the Premisses by the said Letters-patents intended and meant to be graunted, were not then actuallie possessed or inhabited, by any other Christian Prince or State, nor within the Boundes, Lymitts, or Territories of the Southerne Colony, then before graunted by our saide Deare Father, to be planted by divers of his loveing Subjects in the South Partes. TO HAVE and to houlde, possess, and enjoy all and singular the aforesaid Continent, Landes Territories, Islandes, Hereditaments, and Precincts, Seas, Waters, Fishings, with all, and all manner their Comodities, Royalties, Liberties, Prehemynences, and Proffits that should from thenceforth arise from thence, with all and singuler their Appurtenances, and every Parte and Parcell thereof, vnto the saide Councell and their Successors and Assignes for ever, to the sole and proper Vse, Benefitt, and Behoofe of them the saide Councell, and their Successors and Asignes for ever: To be houlden of our saide most Deare and Royall Father, his Heires and Successors, as of his Mannor of East Greenewich in the County of Kent, in free and comon Soccage, and not in Capite nor by Knight's Service: YEILDINGE and paying therefore to the saide late Kinge, his heires and Successors, the fifte Parte of the Oare of Gould and Silver, which should from tyme to tyme, and at all Tymes then after happen to be found, gotten, had, and obteyned in, att, or within any of the saide Landes, Lymitts, Territories, and Precincts, or This document appears in the Compendium: Chapter 2 Annotation: Granted by Charles I of England to the Massachusetts Bay Company, giving it authority to establish settlements, govern its territory, and conduct trade in what is now eastern Massachusetts. Unlike earlier colonial charters, this one allowed the company’s shareholders to govern the colony from New England itself, rather than from England, effectively giving the colonists significant self-governing powers. The charter provided for the creation of a colonial government with a governor, assistants, and a general court, while also guaranteeing liberties such as property rights and religious practice within the colony. Its purpose was to encourage Puritan settlement, secure English claims in New England, and create a stable, self-sufficient community under corporate and Crown oversight. Author: Charles I Stuart — Van Dyck 1636 Text Source: https://avalon.law.yale.edu/17th_century/mass03.asp in or within any Parte or Parcell thereof, for or in Respect of all and all Manner of Duties, Demaunds and Services whatsoever, to be don, made, or paide to our saide Dear Father the late Kinge his Heires and Successors, as in and by the saide Letters-patents (amongst sundrie and other Clauses, Powers, Priviledges, and Grauntes therein conteyned), more at large appeareth: AND WHEREAS, the saide Councell established at Plymouth, in the County of Devon, for the plantinge, ruling, ordering, and governing of Newe England in America, have by their Deede, indented vnder their Comon Seale, bearing Date the nyneteenth Day of March last past, in the third Yeare of our Raigne, given, graunted, bargained, soulde, enfeofled, aliened, and confirmed to Sir Henry Rosewell, Sir John Young, Knightes, Thomas Southcott, John Humphrey, John Endecott, and Symon Whetcombe, their Heires and Assignes, and their Associats for ever, all that Parte of Newe England in America aforesaid, which lyes and extendes betweene a greate River there comonlie called Monomack alias Merriemack, and a certen other River there, called Charles River, being in the Bottome of a certayne Bay there, comonlie called Massachusetts, alias Mattachusetts, alias Massatusetts Bay, and also all and singuler those Landes and Hereditaments whatsoever, lyeing within the Space of three English Myles on the South Parte of the said Charles River, or of any, or everie Parte thereof; and also, all and singuler the Landes and Hereditaments whatsoever, lyeing and being within the Space of three English Myles to the Southward of the Southermost Parte of the saide Bay called Massachusetts, alias Mattachusetts, alias Massatusets Bay; and also, all those Landes and Hereditaments whatsoever, which lye, and be within the space of three English Myles to the Northward of the said River called Monomack, alias Merrymack, or to the Northward of any and every Parte thereof, and all Landes and Hereditaments whatsoever, lyeing within the Lymitts aforesaide, North and South in Latitude and breath, and in Length and Longitude, of and within all the Bredth aforesaide, throughout the Mayne Landes there, from the Atlantick and Westerne Sea and Ocean on the East Parte, to the South Sea on the West Parte; and all Landes and Groundes, Place and Places, Soyles, Woodes and Wood Groundes, Havens, Portes, Rivers, Waters, Fishings, and Hereditaments whatsoever, lyeing within the said Boundes and Lymitts, and everie Parte and Parcell thereof; and also, all Islandes lyeing in America aforesaide, in the saide Seas or either of them on the Westerne or Eastern Coastes or Partes of the said Tractes of Lande, by the saide Indenture mencoed to be given, graunted, bargained, sould, enfeofled, aliened, and confirmed, or any of them; and also, all Mynes and Myneralls, as well Royall Mynes of Gould and Silver, as other Mynes and Myneralls whatsoeuer, in the saide Lands and Premisses, or any Parte thereof; and all Jurisdiccons, Rights, Royalties, Liberties, Freedomes, Ymmunities, Priviledges, Franchises, Preheminences, and Comodities whatsoever, which they, the said Councell established at Plymouth, in the County of Devon, for the planting, ruling, ordering, and governing of Newe England in America, then had, or might vse, exercise, or enjoy, in or within the saide Landes and Premisses by the saide Indenture mencoed to be given, graunted, bargained, sould, enfeoffed, and confirmed, or in or within any Parte or Parcell thereof: To HAVE and to hould, the saide Parte of Newe England in America, which lyes and extendes and is abutted as aforesaide, and every Parte and Parcell thereof; and all the saide Islandes, Rivers, Portes, Havens, Waters, Fishings, Mynes, and Myneralls, Jurisdiccons, Franchises, Royalties, Liberties, Priviledges, Comodities, Hereditaments, and Premisses whatsoever, with the Appurtenances vnto the saide Sir Henry Rosewell, Sir John Younge, Thomas Southcott, John Humfrey, John Endecott, and Simon Whetcombe, their Heires and Assignes, and their Associatts, to the onlie proper and absolute vse and Behoofe of the said Sir Henry Rosawell, Sir John Younge, Thomas Southcott, John Humfrey, John Endecott, and Simon Whettcombe, their Heires and Assignes, and their Associatts forevermore; TO BE HOULDEN of Vs. our Heires and Successors, as of our Mannor of Eastgreenwich, in the County of Kent, in free and comon Soccage, and not in Capite, nor by Knightes Service; YEILDING and payeing therefore vnto Vs. our Heires and Successors, the fifte Parte of the Oare of Goulde and Silver, which shall from Tyme to Tyme, and at all Tymes hereafter, happen to be founde, gotten, had, and obteyned in any of the saide Landes, within the saide Lymitts, or in or witllin any Parte thereof, for, and in Satisfaccon of all manner Duties, Demaundes, and Services whatsoever to be done, made, or paid to Vs. our Heires or Successors, as in and by the said recited Indenture more at large maie appeare. NOWE Knowe Yee, that Wee, at the humble Suite and Peticon of the saide Sir Henry Rosewell, Sir John Younge, Thomas Southcott, John Humfrey, John Endecott, and Simon Whetcombe, and of others whome they have associated vnto them, HAVE, for divers good Causes and consideracons, vs moveing, graunted and confirmed, and by theis Presents of our especiall Grace, certen Knowledge, and meere mocon, doe graunt and confirme vnto the saide Sir Henry Rosewell, Sir John Younge, Thomas Southcott, John Humfrey, John Endecott, and Simon Whetcombe, and to their Associatts hereafter named; (videlicet) Sir Richard Saltonstall, Knight, Isaack Johnson, Samuel Aldersey, John Ven, Mathew Cradock, George Harwood, Increase Nowell, Richard Perry, Richard Bellingham, Nathaniell Wright, Samuel Vassall, Theophilus Eaton, Thomas Goffe, Thomas Adams, John Browne, Samuell Browne, Thomas Hutchins, William Vassall, William Pinchion, and George Foxcrofte, their Heires and Assignes, all the saide Parte of Newe England in America, lyeing and extending betweene the Boundes and Lvmytts in the said recited Indenture expressed, and all Landes and Groundes, Place and Places, Soyles, Woods and Wood Groundes, Havens, Portes, Rivers, Waters, Mynes, Mineralls, Jurisdiccons, Rightes, Royalties, Liberties, Freedomes, Immunities, Priviledges, Franchises, Preheminences, Hereditaments, and Comodities whatsoever, to them the saide Sir Henry Rosewell, Sir John Younge, Thomas Southcott, John Humfrey, John Endecott, and Simon Whetcombe, theire Heires and Assignes, and to their Associatts, by the saide recited Indenture, given, graunted, bargayned, solde, enfeoffed, aliened, and confirmed, or mencoed or intended thereby to be given, graunted, bargayned, sold, enfeoffed, aliened, and confirmed: To HAVE, and to hould, the saide Parte of Newe England in America, and other the Premisses hereby mencoed to be graunted and confirmed, and every Parte and Parcell thereof with the Appurtenuces, to the saide Sir Henry Rosewell, Sir John Younge, Sir Richard Saltonstall, Thomas Southcott, John Humfrey, John Endecott, Simon Whetcombe, Isaack Johnson, Richard Pery, Richard Bellingham, Nathaniell Wright, Samuell Vassall, Theophilus Eaton, Thomas Gode, Thomas Adams, John Browne, Samuel Bromine, Thomas Hutchins, Samuel Aldersey, John Ven, Mathewe Cradock, George Harwood, Increase Nowell, William Vassall, William Pinchion, and George Foxcrofte, their Heires and Assignes forever, to their onlie proper and absolute Vse and Behoofe for evermore; To be holden of Vs. our Heires and Successors, as of our Mannor of Eastgreenewich aforesaid, in free and comon Socage, and not in Capite, nor by Knights Service; AND ALSO YEILDING and paying therefore to Vs. our Heires and Successors, the fifte parte onlie of all Oare of Gould and Silver, which from tyme to tyme, and aft all tymes hereafter shalbe there gotten, had, or obteyned for all Services, Exaccons and Demaundes whatsoever, according to the Tenure and Reservacon in the said recited Indenture expressed. AND FURTHER, knowe yee, that of our more especiall Grace, certen Knowledg, and meere mocon, Wee have given and graunted, and by theis Presents, doe for Vs. our Heires and Successors, give and graunte onto the saide Sir Henry Rosewell, Sir John Younge. Sir Richard Saltonstall, Thomas Southcott, John Humfrey, John Endecott, Symon Whetcombe, Isaack Johnson, Samuell Aldersey, John Ven, Mathewe Cradock, George Harwood, Increase Nowell, Richard Pery, Richard Bellingham, Nathaniel Wright, Samuell Vassall, Theophilus Eaton, Thomas Gode, Thomas Adams, John Browne, Samuell Browne, Thomas Hutchins, William Vassall, William Pinchion, and George Foxcrofte, their Heires and Assignes, all that Parte of Newe England in America, which lyes and extendes betweene a great River there, comonlie called Monomack River, alias Merrimack River, and a certen other River there, called Charles River, being in the Bottome of a certen Bay there, comonlie called Massachusetts, alias Mattachusetts, alias Massatusetts Bay; and also all and singuler those Landes and Hereditaments whatsoever, lying within the Space of Three Englishe Myles on the South Parte of the said River, called Charles River, or of any or every Parte thereof; and also all and singuler the Landes and Hereditaments whatsoever, lying and being within the Space of Three Englishe Miles to the southward of the southermost Parte of the said Baye, called Massachusetts, alias Mattachusetts, alias Massatusets Bay: And also all those Landes and Hereditaments whatsoever, which lye and be within the Space of Three English Myles to the Northward of the saide River, called Monomack, alias Merrymack, or to the Norward of any and every Parte thereof, and all Landes and Hereditaments whatsoever, lyeing within the Lymitts aforesaide, North and South, in Latitude and Bredth, and in Length and Longitude, of and within all the Bredth aforesaide, throughout the mayne Landes there, from the Atlantick and Westerne Sea and Ocean on the East Parte, to the South Sea on the West Parte; and all Landes and Groundes, Place and Places, Soyles, Woodes, and Wood Groundes, Havens, Portes, Rivers, Waters, and Hereditaments whatsoever, lyeing within the said Boundes and Lymytts, and every Parte and Parcell thereof; and also all Islandes in America aforesaide, in the saide Seas, or either of them, on the Westerne or Easterne Coastes, or Partes of the saide Tracts of Landes hereby mencoed to be given and graunted, or any of them; and all Mynes and Mynerals as well Royal mynes of Gold and Silver and other mynes and mynerals, whatsoever, in the said Landes and Premisses, or any parte thereof, and free Libertie of fishing in or within any the Rivers or Waters within the Boundes and Lymytts aforesaid, and the Seas therevnto adjoining; and all Fishes, Royal Fishes, Whales, Balan, Sturgions, and other Fishes of what Kinde or Nature soever, that shall at any time hereafter be taken in or within the saide Seas or Waters, or any of them, by the said Sir Henry Rosewell, Sir John Younge, Sir Richard Saltonstall, Thomas Southcott, John Humfrey, John Endecott, Simon Whetcombe, Isaack Johnson, Samuell Aldersey, John Ven, Mathewe Cradock, Greorge Harwood, Increase Noell, Richard Pery, Richard Bellingham, Nathaniell Wright, Samuell Vassell, Theophilus Eaton, Thomas Goffe, Thomas Adams, John Browne, Samuell Browner, Thomas Hutchins, William Vassall, William Pinchion, and George Foxcrofte, their Heires and Assignes, or by any other person or persons whatsoever there inhabiting, by them, or any of them, to be appointed to fishe therein. PROVIDED alwayes, That yf the said Landes, Islandes, or any other the Prernisses herein before menconed, and by theis presents, intended and meant to be graunted, were at the tyme of the graunting of the saide former Letters patents, dated the Third Day of November, in the Eighteenth Yeare of our said deare Fathers Raigne aforesaide, actuallie possessed or inhabited by any other Christian Prince or State, or were within the Boundes, Lymytts or Territories of that Southerne Colony, then before graunted by our said late Father, to be planted by divers of his loveing Subiects in the south partes of America, That then this present Graunt shall not extend to any such partes or parcells thereof, soe formerly inhabited, or lyeing within the Boundes of the Southerne Plantacon as aforesaide, but as to those partes or parcells soe possessed or inhabited by such Christian Prince or State, or being within the Bounders aforesaide shal be vtterlie voyd, theis presents or any Thinge therein conteyned to the contrarie notwithstanding. To HAVE and hould, possesse and enioye the saide partes of New England in America, which lye, extend, and are abutted as aforesaide,and every parse and parcell thereof; and all the Islandes, Rivers, Portes, Havens, Waters, Fishings, Fishes, Mynes, Myneralls, Jurisdiccons, Franchises, Royalties, Liberties, Priviledges, Comodities, and Premisses whatsoever, with the Appurtenances, vnto the said Sir Henry Rosewell, Sir John Younge, Sir Richard Saltonstall, Thomas Southcott, John Humfrey, John Endecott, Simon Whetcombe, Isaack Johnson, Samuell Aldersey, John Yen, Mathewe Cradock, George Harwood, Increase Noweil, Richard Perry, Richard Bellingham, Nathaniell Wright, Samuell Vassall, Theophilus Eaton, Thomas Gofle, Thomas Adams, John Browne, Samuell Browne, Thomas Hutchins, William Vassall, William Pinchion, and George Foxeroft, their Heires and Assignes forever, to the onlie proper and absolute Vse and Behoufe of the said Sir Henry Rosewell, Sir John Younge, Sir Richard Saltonstall, Thomas Southcott, John Humfrey, John Endecott, Simon Whetcombe, Isaac Johnson, Samuell Aldersey, John Ven, Mathewe Cradocke, George Harwood, Increase Noweil, Richard Pery, Richard Bellingham, Nathaniell Wright, Samuell Vassall, Theophilus Eaton, Thomas Goffe, Thomas Adams, John Browne, Samuell Browne, Thomas Hutchins, William Vassall, William Pinchion, and George Foxcroft, their Heires and Assignes forevermore: To BE HOLDEN of Vs. our Heires and Successors, as of our Manor of Eastgreenwich in our Countie of Kent, within our Realme of England, in free and comon Soccage, and not in Capite, nor by Knights Service; and also yeilding and paying therefore, to Vs. our Heires and Sucessors, the fifte Parte onlie of all Oare of Gould and Silver, which from tyme to tyme, and at all tymes hereafter, shal be there gotten, had, or obteyned, for all Services, Exaccons, and Demaundes whatsoever; PROVIDED alwaies, and our expresse Will and Meaninge is, that onlie one fifte Parte of the Gould and Silver Oare above mencoed, in the whole, and noe more be reserved or payeable vnto Vs. our Heires and Successors, by Collour or Vertue of theis Presents, the double Reservacons or rentals aforesaid or any Thing herein conteyned notwithstanding. AND FORASMUCH, as the good and prosperous Successe of the Plantacon of the saide Partes of Newe-England aforesaide intended by the said Sir Henry Rosewell, Sir John Younge, Sir Richard Saltonstall, Thomas Southcott, John Humfrey, John Endecott, Simon Whetcombe, Isaack Johnson, Samuell Aldersey John Ven, Mathew Cradock, George Harwood, Increase Noell, Richard Pery, Richard Bellingham, Nathaniell Wright, Samuell Vassall, Theophilus Eaton, Thomas Goffe, Thomas Adams, John Browne, Samuell Browne, Thomas Hutchins, William Vassall, William Pinchion, and George Foxcrofte, to be speedily sett vpon, cannot but cheifly depend, next vnder the Blessing of Almightie God, and the support of our Royall Authoritie vpon the good Government of the same, To the Ende that the Affaires and Buyssinesses which from tyme to tyme shall happen and arise concerning the saide Landes, and the Plantation of the same maie be the better mannaged and ordered, WEE HAVE FURTHER hereby of our especial Grace, certain Knowledge and mere Mocon, Given, graunted and confirmed, and for Vs. our Heires and Successors, doe give, graunt, and confirme vnto our said trustie and welbeloved subjects Sir Henry Rosewell, Sir John Younge, Sir Richard Saltonstall, Thomas Southcott, John Humfrey, John Endicott, Simon Whetcombe, Isaack Johnson, Samuell Aldersey, John Yen, Mathewe Cradock, George Harwood, Increase Nowell, Richard Pery, Richard Bellingham, Nathaniell Wright, Samuell Vassall, Theophilus Eaton, Thomas Goffe, Thomas Adams, John Browne, Samuell Browne, Thomas Hutchins, William Vassall, William Pinchion, and George Foxcrofte: AND for Vs. our Heires and Successors, Wee will and ordeyne, That the saide Sir Henry Rosewell, Sir John Young, Sir Richard Saltonstall, Thomas Southcott, John Humfrey, John Endicott, Svmon Whetcombe, Isaack Johnson, Samuell Aldersey, John Ven, Mathewe Cradock, George Harwood, Increase Noell, Richard Pery, Richard Bellingham, Nathaniell Wright, Samuell Vassall, Theophilus Eaton, Thomas Goffe, Thomas Adams, John Browne, Samuell Browne, Thomas Hutchins, William Vassall, William Pinchion, and George Foxcrofte, and all such others as shall hereafter be admitted and made free of the Company and Society hereafter mencoed, shall from tyme to tyme, and att all tymes forever hereafter be, by Vertue of theis presents, one Body corporate and politique in Fact and Name, by the Name of the Governor and Company of the Mattachusetts Bay in Newe-England, and them by the Name of the Governour and Company of the Mattachusetts Bay in Newe-England, one Bodie politique and corporate, in Deede, Fact, and Name; Wee doe for vs. our Heires and Successors, make, ordoyne, constitute, and confirme by theis Presents, and that by that name they shall have perpetuall Succession, and that by the same Name they and their Successors shall and maie be capeable and enabled aswell to implead, and to be impleaded, and to prosecute, demaund, and aunswere, and be aunsweared veto, in all and singuler Suites, Causes, Quarrells, and Accons, of what kinde or nature soever. And also to have, take, possesse, acquire, and purchase any Landes, Tenements, or Hereditaments, or any Goodes or Chattells, and the same to lease, graunte, demise, alien, bargaine, sell, and dispose of, as other our liege People of this our Realme of England, or any other corporacon or Body politique of the same may lawfully doe. AND FURTHER, That the said Governour and Companye, and their Successors, maie have forever one comon Seale, to be vsed in all Causes and Occasions of the said Company, and the same Seale may alter, chaunge, breake, and newe make, from tyme to tyme, at their pleasures. And our Will and Pleasure is, and Wee doe hereby for Vs. our Heires and Successors, ordeyne and graunte, That from henceforth for ever, there shalbe one Governor, one Deputy Governor, and eighteene Assistants of the same Company, to be from tyme to tyme constituted, elected and chosen out of the Freemen of the saide Company, for the tyme being, in such Manner and Forme as hereafter in theis Presents is expressed, which said Officers shall applie themselves to take Care for the best disposeing and ordering of the generall buysines and Affaires of, for, and concerning the said Landes and Premisses hereby mencoed, to be graunted, and the Plantacion thereof, and the Government of the People there. AND FOR the better Execucon of our Royall Pleasure and Graunte in this Behalf, WEE doe, by theis presents, for Vs. our Heires and Successors, nominate, ordeyne, make, & constitute; our welbeloved the saide Mathewe Cradocke, to be the first and present Governor of the said Company, and the saide Thomas Goffe, to be Deputy Governor of the saide Company, and the saide Sir Richard Saltonstall, Isaack Johnson, Samuell Aldersey, John Ven, John Humfrey, John Endecott, Simon Whetcombe, Increase Nowell, Richard Pery, Nathaniell Wright, Samuell Vassall, Theophilus Eaton, Thomas Adams, Thomas Hutchins, John Browne, George Foxcrofte, William Vassall, and William Pinchion, to be the present Assistants of the saide Company, to continue in the saide several Offices respectivelie for such tyme, and in such manner, as in and by theis Presents is hereafter declared and appointed. AND FURTHER, Wee will, and by theis Presents, for Vs. our Heires and Successors, doe ordoyne and graunte, That the Governor of the saide Company for the tyme being, or in his Absence by Occasion of Sicknes or otherwise, the Deputie Governor for the tyme being, shall have Authoritie from tyme to tyme vpon all Occasions, to give order for the assembling of the saide Company, and calling them together to consult and advise of the Bussinesses and Affaires of the saide Company, and that the said Governor, Deputie Governor, and Assistants of the saide Company, for the tyme being, shall or maie once every Moneth, or oftener at their Pleasures, assemble and houlde and keepe a Courte or Assemblie of themselves, for the better ordering and directing of their Affaires, and that any seaven or more persons of the Assistants, togither with the Governor, or Deputie Governor soe assembled, shalbe saide, taken, held, and reputed to be, and shalbe a full and sufficient Courte or Assemblie of the said Company, for the handling, ordering, and dispatching of all such Buysinesses and Occurrents as shall from tyme to tyme happen, touching or concerning the said Company or Plantacon; and that there shall or maie be held and kept by the Governor, or Deputie Governor of the said Company, and seaven or more of the said Assistants for the tyme being, vpon every last Wednesday in Hillary, Easter, Trinity, and Michas Termes respectivelie forever, one grease generall and solempe assemblie, which foure generall assemblies shalbe stiled and called the foure grease and generall Courts of the saide Company; IN all and every, or any of which saide grease and generall Courts soe assembled, WEE DOE for Vs. our Heires and Successors, give and graunte to the said Governor and Company, and their Successors, That the Governor, or in his absence, the Deputie Governor of the saide Company for the tyme being, and such of the Assistants and Freeman of the saide Company as shalbe present, or the greater nomber of them so assembled, whereof the Governor or Deputie Governor and six of the Assistants at the least to be seaven shall have full Power and authoritie to choose, nominate, and appointe, such and soe many others as they shall thinke fitt, and that shall be willing to accept the same, to be free of the said Company and Body, and them into the same to admits; and to elect and constitute such Officers as they shall thinke fitt and requisite, for the ordering, mannaging, and dispatching of the Affaires of the saide Govenor and Company, and their Successors; And to make Lawes and Ordinnces for the Good and Welfare of the saide Company, and for the Government and ordering of the saide Landes and Plantacon, and the People inhabiting and to inhabite the same, as to them from tyme to tyme shalbe thought meete, soe as such Lawes and Ordinances be not contrarie or repugnant to the Lawes and Statuts of this our Reaime of England. AND, our Will and Pleasure is, and Wee doe hereby for Vs, our Heires and Successors, establish and ordeyne, That yearely once in the yeare, for ever hereafter, namely, the last Wednesdav in Easter Tearme, yearely, the Governor, Deputy-Governor, and Assistants of the saide Company and all other officers of the saide Company shalbe in the Generall Court or Assembly to be held for that Day or Tyme, newly chosen for the Yeare ensueing by such greater parse of the said Company, for the Tyme being, then and there present, as is aforesaide. AND, yf it shall happen the present governor, Deputy Governor, and assistants, by theis presents appointed, or such as shall hereafter be newly chosen into their Roomes, or any of them, or any other of the officers to be appointed for the said Companv, to dye, or to be removed from his or their severall Offices or Places before the saide generall Day of Eleccon (whome Wee doe hereby declare for any Misdemeanor or Defect to be removeable by the Governor, Deputie Governor, Assistants, and Company, or such greater Parte of them in any of the publique Courts to be assembled as is aforesaid) That then, and in every such Case, it shall and maie be lawfull, to and for the Governor, Deputie Governor, Assistants, and Company aforesaide, or such greater Parte of them soe to be assembled as is aforesaide, in any of their Assemblies, to proceade to a new Eleccon of one or more others of their Company in the Roome or Place, Roomes or Places of such Officer or Officers soe dyeing or removed according to their Discrecons, And, Mediately vpon and after such Eleccon and Eleccons made of such Governor, Deputie Governor, Assistant or Assistants, or any other officer of the saide Company, in Manner and Forme aforesaid, the Authoritie, Office, and Power, before given to the former Governor, Deputie Governor, or other Officer and Officers soe removed, in whose Steade and Place newe shabe soe chosen, shall as to him and them, and everie of them, cease and determine PROVIDED alsoe, and our Will and Pleasure is, That aswell such as are by theis Presents appointed to be the present Governor, Deputie Governor, and Assistants of the said Company, as those that shall Succeed them, and all other Officers to be appointed and chosen as aforesaid, shall, before they undertake the Execucon of their saide Offices and Places respectivelie, take their Corporal Oathes for the due and faithfull Performance of their Duties in their severall Offices and Places, before such Person or Persons as are by theis Presents hereunder appointed to take and receive the same; That is to saie, the saide Mathewe Cradock, whoe is hereby nominated and appointed the present Governor of the saide Company, shall take the saide Oathes before one or more of the Masters of our Courte of Chauncery for the Tyme being, vnto which Master or Masters of the Chauncery, Wee doe by theis Presents give full Power and Authoritie to take and administer the said Oathe to the said Governor accordinglie: And after the saide Governor shalbe soe sworne, then the said Deputy Governor and Assistants, before by theis Presents nominated and appointed, shall take the said severall Oathes to their Offices and Places respectivelie belonging, before the said Mathew Cradock, the present Governor, soe formerlie sworne as aforesaide. And every such person as shall be at the Tyme of the annuall Eleccon, or otherwise, vpon Death or Removeall, be appointed to be the newe Governor of the said Company, shall take the Oathes to that Place belonging, before the Deputy Governor, or two of the Assistants of the said Company at the least, for the Tyme being: And the newe elected Deputie Governor and Assistants, and all other officers to be hereafter chosen as aforesaide from Tyme to Tyme, to take the Oathes to their places respectivelie belonging, before the Governor of the said Company for the Tyme being, vnto which said Governor, Deputie Governor, and assistants, Wee doe by theis Presents Give full Power and Authoritie to give and administer the said Oathes respectively, according to our true Meaning herein before declared, without any Comission or further Warrant to be had and obteyned of our Vs. our Heires or Successors, in that Behalf. AND, Wee doe further, of our especial Grace, certen Knowledge, and meere mocon, for Vs. our Heires and Successors, give and graunte to the said Governor and Company, and their Successors for ever by theis Presents, That it shalbe lawfull and free for them and their Assignes, at all and every Tyme and Tymes hereafter, out of any our Realmes or Domynions whatsoever, to take, leade, carry, and transport, for in and into their Voyages, and for and towardes the said Plantacon in Newe England, all such and soe many of our loving Subjects, or any other strangers that will become our loving Subjects, and live under our Allegiance, as shall willinglie accompany them in the same Voyages and Plantacon; and also Shippmg, Armour, Weapons, Ordinance, Municon, Powder, Shott, Come, Victualls, and all Manner of clothing, Implements, Furniture, Beastes, Cattle, Horses, Mares, Merchandizes, and all other Thinges necessarie for the saide Plantacon, and for their Vse and Defence, and for Trade with the People there, and in passing and returning to and fro, any Lawe or Statute to the contrarie hereof in any wise notwithstanding; and without payeing or yeilding any Custome or Subsidie, either inward or outward, to Vs. our Heires or Successors, for the same, by the Space of seaven Yeares from the Day of the Date of theis Presents. PROVIDED, that none of the saide Persons be such as shalbe hereafter by especiall Name restrayned by Vs. our Heires or Successors. AND, for their further Encouragement, of our especiall Grace and Favor, Wee doe by theis Presents, for Vs. our Heires and Successors, yeild and graunt to the saide Governor and Company, and their Successors, and every of them, their Factors and Assignes, That they and every of them shalbe free and quits from all Taxes, Subsidies, and Customes, in Newe England, for the like Space of seaven Yeares, and from all Taxes and Imposicons for the Space of twenty and one Yeares, vpon all Goodes and Merchandizes at any Tyme or Tymes hereafter, either vpon Importacon thither, or Exportacon from thence into our Realme of England, or into any other our Domynions by the said Governor and Company, and their Successors, their Deputies, Factors, and Assignes, or any of them; EXCEPT onlie the five Pounds per Centum due for Custome vpon all such Goodes and Merchandizes as after the saide seaven Yeares shalbe expired, shalbe brought or imported into our Realme of England, or any other of our Dominions, according to the auncient Trade of Merchants, which five Poundes per Centum onlie being paide, it shall be thenceforth lawfull and free for the said Adventurers, the same Goodes and Merchandizes to export and carry out of our said Domynions into forraine Partes, without any Custome, Tax or other Dutie to be paid to Vs. our Heires or Successors, or to any other Officers or Ministers of Vs. our Heires and Successors. PROVIDED, that the said Goodes and Merchandizes be shipped out within thirteene Monethes, after their first Landing within any Parte of the saide Domynions. AND, Wee doe for Vs. our Heires and Successors, give and graunte vnto the saide Governor and Company, and their Successors, That whensoever, or soe often as any Custome or Subsedie shall growe due or payeable vnto Vs our Heires, or Successors, according to the Lymittacon and Appointment aforesaide, by Reason of any Goodes, Wares, or Merchandizes to be shipped out, or any Retorne to be made of any Goodes, Wares, or Merchandize vnto or from the said Partes of Newe England hereby moncoed to be graunted as aforesaid, or any the Landes or Territories aforesaide, That then, and soe often, and in such Case, the Farmors, Customers, and Officers of our Customes of England and Ireland, and everie of them for the Tyme being, vpon Request made to them by the saide Governor and Company, or their Successors, Factors or Assignes, and vpon convenient Security to be given in that Behalf, shall give and allowe vnto the said Governor and Company, and their Successors, and to all and everie Person and Persons free of that Company, as aforesaide, six Monethes Tyme for the Payement of the one halfe of all such Custome and Subsidy as shalbe due and payeable unto Vs. our Heires and Successors, for the same; for which theis our Letters patent, or the Duplicate, or the inrollemt thereof, shalbe vnto our saide Officers a sufficient Warrant and Discharge. NEVERTHELESS, our Will and Pleasure is, That yf any of the saide Goodes, Wares, and Merchandize, which be, or shalbe at any Tyme hereafter landed or exported out of any of our Realmes aforesaide, and shalbe shipped with a Purpose not to be carried to the Partes of Newe England aforesaide, but to some other place, That then such Payment, Dutie, Custome, Imposicon, or Forfeyfure, shalbe paid, or belonge to Vs. our Heires and Successors, for the said Goodes, Wares, and Merchandize, soe fraudulently sought to be transported, as yf this our Graunte had not been made nor graunted. AND, Wee doe further will, and by theis Presents, for Vs. our Heires and Successors, firmlie enioine and comaunde, as well the Treasorer, Chauncellor and Barons of the Exchequer, of Vs. our Heires and Successors, as also all and singuler the Customers, Farmors, and Collectors of the Customes, Subsidies, and Imposts and other the Officers and Ministers of Vs our Heires and Successors whatsoever, for the Tyme Being, That they and every of them, vpon the strewing forth vnto them of theis Letters patents, or the Duplicate or exemplificacon of the same, without any other Writt or Warrant whatsoever from Vs. our Heires or Successors, to be obteyned or sued forth, doe and shall make full, whole, entire, and due Allowance, and cleare Discharge vnto the saide Governor and Company, and their Successors, of all Customes, Subsidies, Imposicons, Taxes and Duties whatsoever, that shall or maie be claymed by Vs. our Heires and Successors, of or from the said Governor and Company, and their Successors, for or by Reason of the said Goodes, Chattels, Wares, Merchandizes, and Premises to be exported out of our saide Domynions, or any of them, into any Parte of the saide Landes or Premises hereby mencoed, to be given, graunted, and confirmed, or for, or by Reason of any of the saide Goodes, Chattells, Wares, or Merchandizes to be imported from the said Landes and Premises hereby mencoed, to be given, graunted, and confirmed into any of our saide Dominions, or any Parte thereof as aforesaide, excepting onlie the saide five Poundes per Centum hereby reserved and payeable after the Expiracon of the saide Terme of seaven Yeares as aforesaid, and not before: And theis our Letters-patents, or the Inrollment, Duplicate, or Exemplificacon of the same shalbe for ever hereafter, from time to tyme, as well to the Treasorer, Chauncellor and Barons of the Exchequer of Vs. our Heires and Successors, as to all and singuler the Customers, Farmors, and Collectors of the Customes, Subsidies, and Imposts of Vs. our Heires and Successors, and all Searchers, and other the Officers and Ministers whatsoever of Vs. our Heires and Successors, for the Time being, a sufficient Warrant and Discharge in this Behalf. AND, further our Will and Pleasure is, and Wee doe hereby for Vs. our Heires and Successors, ordeyne and declare, and graunte to the saide Governor and Company, and their Successors, That all and every the Subiects of Vs. our Heires or Successors, which shall goe to and inhabite within the saide Landes and Premisses hereby mencoed to be graunted, and every of their Children which shall happen to be borne there, or on the Seas in goeing thither, or returning from thence, shall have and enjoy all liberties and Immunities of free and naturall Subiects within any of the Domynions of Vs. our Heires or Successors, to all Intents, Construccons, and Purposes whatsoever, as yf they and everie of them were borne within the Realme of England. And that the Governor and Deputie Governor of the said Company for the Tyme being, or either of them, and any two or more of such of the saide Assistants as shalbe therevnto appointed by the saide Governor and Companv at any of their Courts or Assemblies to be held as aforesaide, shall and maie at all Tymes, and from tyme to tyme hereafter, have full Power and Authoritie to minister and give the Oathe and Oathes of Supremacie and Allegiance, or either of them, to all and everie Person and Persons, which shall at any Tyme or Tymes hereafter goe or passe to the Landes and Premisses hereby mencoed to be graunted to inhabite in the same. AND, Wee doe of our further Grace, certen Knowledg and meere Mocon, give and graunte to the saide Governor and Companv, and their Successors, That it shall and male be lawfull, to and for the Governor or Deputie Governor, and such of the Assistants and Freemen of the said Company for the Tyme being as shalbe assembled in any of their generall Courts aforesaide, or in any other Courtes to be specially sumoned and assembled for that Purpose, or the greater Parte of them (whereof the Governor or Deputie Governor, and six of the Assistants to be alwaies seaven) from tyme to tyme, to make, ordeine, and establishe all Manner of wholesome and reasonable Orders, Lawes, Statutes, and Ordilmces, Direccons, and Instruccons, not contrairie to the Lawes of this our Realme of England, aswell for selling of the Formes and Ceremonies of Governmt and Magistracy fitt and necessary for the said Plantacon, and the Inhabitants there, and for nameing and setting of all sorts of Officers, both superior and inferior, which they shall finde needefull for that Governement and Plantacon, and the distinguishing and setting forth of the severall duties, Powers, and Lymytts of every such Office and Place, and the Formes of such Oathes warrantable by the Lawes and Statutes of this our Realme of England, as shalbe respectivelie ministred vnto them for the Execucon of the said severall Offices and Places; as also, for the disposing and ordering of the Eleccons of such of the said Officers as shalbe annuall, and of such others as shalbe to succeede in Case of Death or Remove all and ministering the said Oathes to the newe elected Officers, and for Imposicons of lawfull Fynes, Mulcts, Imprisonment, or other lawfull Correccon, according to the Course of other Corporacons in this our Realme of England, and for the directing, ruling, and disposeing of all other Matters and Thinges, whereby our said People, Inhabitants there, may be soe religiously, peaceablie, and civilly governed, as their good Life and orderlie Conversacon, maie wynn and incite the Natives of Country, to the KnowIedg and Obedience of the onlie true God and Saulor of Mankinde, and the Christian Fayth, which in our Royall Intencon, and the Adventurers free Profession, is the principall Ende of this Plantacion. WILLING, comaunding, and requiring, and by theis Presents for Vs. our Heiress Successors, ordoyning and appointing, that all such Orders, Lawes, Statuts and Ordinnces, Instruccons and Direccons, as shalbe soe made by the Governor, or Deputie Governor of the said Company, and such of the Assistants and Freemen as aforesaide, and published in Writing, under their comon Seale, shalbe carefullie and duly observed, kept, performed, and putt in Execucon, according to the true Intent and Meaning of the same; and theis our Letters-patents, or the Duplicate or exemplificacon thereof, shalbe to all and everie such Officers,-superior and inferior, from Tyme to Tyme, for the putting of the same Orders, Lawes, Statutes, and Ordinuces, Instruccons, and Direccons, in due Execucon against Vs. our Heires and Successors, a sufficient Warrant and Discharge. AND WEE DOE further, for Vs. our Heires and Successors, give and graunt to the said Governor and Company, and their Successors bv theis Presents, that all and everie such Chiefe Comaunders, Captaines, Governors, and other Officers and Ministers, as by the said Orders, Lawes, Statuts, Ordinnces, Instruccons, or Direccons of the said Governor and Company for the Tyme being, shalbe from Tyme to Tyme hereafter vmploied either in the Government of the saide Inhabitants and Plantacon, or in the Waye by Sea thither, or from thence, according to the Natures and Lymitts of their Offices and Places respectively, shall from Tyme to Tyme hereafter for ever, within the Precincts and Partes of Newe England hereby mencoed to be graunted and confirmed, or in the Waye by Sea thither, or from thence, have full and Absolute Power and Authoritie to correct, punishe, pardon, governe, and rule all such the Subiects of Vs. our Heires and Successors, as shall from Tyme to Tyme adventure themselves in any Voyadge thither or from thence, or that shall at any Tyme hereafter, inhabite within the Precincts and Partes of Newe England aforesaid, according to the Orders, Lawes, Ordinnces, Instruccons, and Direccons aforesaid, not being repugnant to the Lawes and Statutes of our Realme of England as aforesaid. AND WEE DOE further, for Vs. our Heires and Successors, give and graunte to the said Governor and Company, and their Successors, by theis Presents, that it shall and maie be lawfull, to and for the Chiefe Comaunders, Governors, and officers of the said Company for the Time being, who shalbe resident in the said Parte of Newe England in America, by theis presents graunted, and others there inhabiting by their Appointment and Direccon, from Tyme to Tyme, and at all Tymes hereafter for their speciall Defence and Safety, to incounter, expulse, repell, and resist by Force of Armes, aswell by Sea as by Lande, and by all fitting Waies and Meanes whatsoever, all such Person and Persons, as shall at any Tyme hereafter, attempt or enterprise the Destruccon, Invasion, Detriment, or Annoyaunce to the said Plantation or Inhabitants, and to take and surprise by all Waies and Meanes whatsoever, all and every such Person and Persons, with their Shippes, Armour, Municons and other Goodes, as shall in hostile manner invade or attempt the defeating of the said Plantacon, or the Hurt of the said Company and Inhabitants: NEVERTHELESS, our Will and Pleasure is, and Wee doe hereby declare to all Christian Kinges, Princes and States, that yf any Person or Persons which shall hereafter be of the said Company or Plantacon or any other by Lycense or Appointment of the said Governor and Company for the Tyme being, shall at any Tyme or Tymes hereafter, robb or spoyle, by Sea or by Land, or doe any Hurt, Violence, or vnlawful Hostilitie to any of the Subjects of Vs. our Heires or Successors, or any of the Subjects of any Prince or State, being then in League and Amytie with Vs. our Heires and Successors, and that upon such injury don and vpon iust Complaint of such Prince or State or their Subjects, WEE, our Heires and Successors shall make open Proclamacon within any of the Partes within our Realme of England, comodious for that purpose, that the Person or Persons haveing comitted any such Roberie or Spoyle, shall within the Terme lymytted by such a Proclamacon, make full Restitucon or Satisfaccon of all such Iniureis don, soe as the said Princes or others so complayning, maie hould themselves fullie satisfied and contented; and that yf the said Person or Persons, haveing comitted such Robbery or Spoile, shall not make, or cause to be made Satisfaccon accordinglie, within such Tyme soe to be lymytted, that then it shalbe lawfull for Vs. our Heires and Successors, to putt the said Person or Persons out of our Allegiance and Proteccon, and that it shalbe lawfull and free for all Princes to prosecute with Hostilitie, the said Offendors, and every of them, their and every of their Procurers, Ayders, Abettors, and Comforters in that Behalf: PROVIDED also, and our expresse Will and Pleasure is, And Wee doe by theis Presents for Vs. our Heires and Successors ordeyne and appoint That theis Presents shall not in any manner envre, or be taken to abridge, barr, or hinder any of our loving subjects whatsoever, to vse and exercise the Trade of Fishing vpon that Coast of New England in America, by theis Presents mencoed to be graunted. But that they, and every, or any of them shall have full and free Power and Liberty to continue and vse their said Trade of Fishing vpon the said Coast, in any the Seas therevnto adioyning, or any Armes of the Seas or Saltwater Rivers where they have byn wont to fishe, and to build and sett vp vpon the Landes by theis Presents graunted, such Wharfes, Stages, and Workehouses as shalbe necessarie for the salting, drying, keeping, and packing vp of their Fish, to be taken or gotten vpon that Coast; and to cutt down, and take such Trees and other Materialls there groweing, or being, or shalbe needefull for that Purpose, and for all other necessarie Easements, Helpes, and Advantage concerning their said Trade of Fishing there, in such Manner and Forme as they have byn heretofore at any tyme accustomed to doe, without making any wilfull Waste or Spoyle, any Thing in theis Presents conteyned to the contrarie notwithstanding. AND WEE DOE further, for Vs. our Heires and Successors, ordeyne and graunte to the said Governor and Company, and their Successors by theis Presents that theis our Letters-patents shalbe firme, good, effectuall, and availeable in all Thinges, and to all Intents and Construccons of Lawe, according to our true Meaning herein before declared, and shalbe construed, reputed, and adjudged in all Cases most favourablie on the Behalf, and for the Benefist and Behoofe of the saide Governor and Company and their Successors: ALTHOUGH expresse mencon of the true yearely Value or certenty of the Premisses or any of them; or of any other Guiftes or Grauntes, by Vs. or any of our Progenitors or Predecessors to the foresaid Governor or Company before this tyme made, in theis-Presents is not made; or any Statute, Acte, Ordinnce, Provision, Proclamacon, or Restrainte to the contrarie thereof, heretofore had, made, published, ordeyned, or provided, or any other Matter, Cause, or Thinge whatsoever to the contrarie thereof in any wise notwithstanding. IN WITNES whereof, Wee have caused theis our Letters to be made Patents. WITNES ourself, at Westminster, the fourth day of March, in the fourth Yeare of our Raigne. Per Breve de Privato Sigillo, Wolseley. Praedictus Matthaeus Cradocke Juratus est de Fide et Obedientia Regi et Successoribus suis, et de Debita Executione Officii Guberatoris Juxta Tenorem Praesentium, 18° Martii, 1628. Coram me Carolo Casare Milite in Cancellaria Mro. CHAR.CAESAR.

A Grant of the Province of Maine August 10, 1622 A Grant of the Province of Maine to Sir Ferdinando Gorges and John Mason, esq., This indenture, made the 10th day of August, Anno Dom. 1622, and in the 20th yeare of the reigne of our Sovereigne Lord James, by the grace of God King of England, Scotland, France and Ireland, Defender of the Faith, &c. Between the President and councill of New-England on the one part, and Sir Ferdinando Gorges, of London, Knight, and Captain John Mason, of London, Esquire, on ye other part: Witnesseth, that whereas our said Sovereigne Lord King James, for the making of a plantation and establishing a colony or colonies in ye country called or knowne by ye names of New-England in America, hath, by his Highness Letters Patents, under the Great Seale of England, bearing date at Westmr. the 3d day of November, in the l8th yeare of his reigne, given, granted and confirmed unto the Right Honorable Lodowick, Duke of Lenox; George, Marquis of Buckingham; James, Marquis Hamilton; Thomas, Earl of Arundell; Robert, Earl of Warwick; Sir Ferdinando Gorges, Knt., and divers others whose names are expressed in ye said Letters Patents, and their successors and assignee, that they shall be one Body Politique and Corporate perpetuall, and that they should have perpetual succession, &c., and one comon scale or scales, to serve for the said Body, and that they and their successors shall be known, called and incorporated by the name of the President and Councill established at Plymouth in the county of Devon, for the planting, ruling and governing of New-England in America; and also hash, of his especiall grace, certaine knowledge and meer motion, for him, his heyres and successors; and given, granted and confirmed unto the said President and councill, and their succesors, under the reservacons, limitacons and declaracons in the said Letters Patents expressed, all that part or porcon of that country now commonly called New-England web is situate, lying and being between the latitude of forty and fortyeight degrees northerly latitude, together with the seas and islands lying within one hundred miles of any part of the said coasts of the country This document appears in the Compendium: Chapter 2 Annotation: James I of England issued the Grant of Maine, transferring large tracts of land in northern New England to Sir Ferdinando Gorges as part of England’s broader effort to expand and organize colonial settlement in North America following the early Virginia experiments. The grant aimed to expand permanent English colonization, establish proprietary governance, and counter French influence in the region, laying legal foundations for what would later become the Province of Maine. Author: James I Text Source: https://avalon.law.yale.edu/17th_century/me01.asp aforesaid; and also all the lands, soyle, grounds, havens, ports, rivers, mines, as well royal mines of gold and silver, as other mines, minerals, pearls and pretious stones, woods, queries, marshes waters, fishings, hunting, hawking, fowling, commodities and hereditaments whatsoever, together with all prerogatives, jurisdictions, royaltys, privileges, franchises and preliminaries within any of the said territories and precincts thereof whatsoever. To have, hold, possess and enjoy, all and singular, the said lands and premises, in the said Letters Patent granted and menconed to be granted, unto the said President and councill, their successors and assignee for ever; to be holden of his Majesty, his heyers and successors, as of his Highness Manor of East Greenwich, in the county of Kent, in free and common soccage and not in capite or by Knts. service-yielding and paying to the Kings Majestie, his heyers and successors, the one fifth part of all gold and silver care that from time to time, and at all times from the date of the said Letters Patents, shall be there gotten, had or obtayned for all services, dutyes and demands as in and his highness said Letters Patents amongst other divers things therein contayned, more fully and at large it doth appeare. And whereas the said President and Councill have, upon mature deliberacon, thought fitt, for the better furnishing and furtherance of the plantation in those parts to appropriate and allots to several and particular persons divers parcels of lands within the precincts of the aforesaid granted premises by his Majesty's said Letters Patents. Now this indenture witnesseth, that ye said President and council, of their full, free and mutual consent, as well to the end that all the lands, woods, lakes, rivers, waters, islands and fishings, with all other the traffics, profits and commodities whatever to them or any of them belonging, and hereafter in these presents menconed may be wholly and entirely invested, appropriated, severed and settled in and upon ye said Ferdinando Gorges and Capt. John Mason, their heyers and assignee forever, as for divers speciall services for the advancement of the sd plantacons and other good and sufficient causes and consideracons, them especially thereunto moving, have given granted bargained sould assigned aliened set over enfeofed and confirmed and by these presents doe give grant bargain sell assigne alien set over and confirm unto ye said Ferdinando Gorges and Capt. John Mason, their heirs and assignee, all that part of the main land in New-England lying upon the sea-coast betwixt ve rivers of Merrimack and Sagadahock and to the furthest heads of the said rivers, and soe forwards up into the land westward until three-score miles be finished from ye first entrance of the aforesaid rivers, and halfway over; that is to say, to the midst of the said two rivers web bounds and limitts the lands aforesaid together wit all the islands and isletts within five leagues distance of ye premises and abutting upon ye same or any part or parcell thereof. As also all the lands, soyle, grounds, harbors, ports, rivers, mines, mineralls, pearls, pretious stones, woods, quarries, marshes, waters, fishings, hunting, hawking, fowling, and other commodities and hereditaments whatsoever; with all and singular their appurtenances, together with all prerogatives, rights, royalties, jurisdictions, privileges, franchises, liberties, preheminences, marine power, in and upon ye said seas and rivers; as also all escheats and casualties thereof, as flotson, jetson, lagon, with anchorage, and other such duties, immunities, sects, isletts and appurtenances whatsoever, with all the estate, right title, interest, and claim and demands whatsoever wch ye said President and councill, and their successors, of right ought to have or claim in or to the said porcons of lands, rivers, and other ye said premises, as is aforesaid by reason or force of his highness' said Letters Patents, in as free, large, ample and beneficial manner, to all intents, constructions and purposes whatsoever, as in and by the said Letters Patents ye same are among other things granted to the said President and councill aforesaid, except two fifths of the care of gold and silver in these parts hereafter expressed, wth said porcons of lands, wth ye appurtenances, the said Sr. Ferdinando Gorges and Capt. John Mason, with the consent of ye President and Councill, intend to name to name The Province of Maine. To have and to hould all the said porcons of land, islands, rivers and premises as aforesaid, and all and singular other ye commodytyes and hereditaments hereby given, granted, aliened, enfeoded and confirmed, or menconed or intended by these presents to be given, granted, aliened, enfeofled and confirmed, with all and singular ye appurtenances and every part and parcell thereof, unto the said Sr. Ferdinando Gorges and Capt. John Mason, their heyres and assignee for ever, to be holden of his said Majesty, his heirs and successors, as of his Highness Manor of East-Greenwich, in the county of Kent, in free and common socage, and not in capite or by Knight's service. Nevertheless, with such exceptions reservacons, limatacons and declaracons as in the said Letters Patents are at large expressed; yielding and paying unto our Sovereign Lord the King, his heyres and successors, the fifth part of all ye care of gold and silver that from time to time, and aft all times hereafter, shall be there gotten, had and obtayned, for all services, duties, and demands. And also yielding and paying unto the said President and councill, and their successors, verely the sum of tenn shillings English money, if it be demanded. And the said President and councill, for them and their successors, doe covenant and grant to and with the said Sr. Ferdinando Gorges and Capt. John Mason, their heirs arid assigns. from and after the ensealing and delivery of these patents, according to the purport, true intent and meaning of these presents, that they shall from henceforth, from time to time for ever, peaceably and quietly have, hold, possess and enjoy, all ye aforesaid lands, islands, rivers and premises, with ye appurtenances hereby before given and granted, or menconed or intended to be hereby before given and granted, and every part and parcell thereof, without any lift, disturbance, denyal, trouble, interrupcon or evacon of or by the said President and councill, or any person or persons whatsoever, claiming by, from, or under them, or their successors, or by or under their estate, right, title or interest. And ye said President and councill, for them and their successors, doe further covenant and grant, to and with ye said Sr. Ferdinando Gorges and Capt. Mason, their heyres and assignee, by these presents, that they, ye said President and Councill, at all times hereafter, upon reasonable request, at ye only proper costs and charges in the law of ye said Sr. Ferdinando Gorges and Capt. John Mason, their heyres and assignee, doe make, perform, suffer, execute, and willingly consent unto any further act or acts, conveyance or conveyances, assurance or assurances whatsoever, for the good and perfect investing, assuring and conveying, and sure making, of all the aforesaid porcons of lands, islands, rivers and all and singular their appurtenances, to ye said Sr. Ferdinando Gorges and caps. John Mason, their heyres and assigns, as by them, their heires and assignee, or by his or their, or any of their councill, learned in the law shall be devised, advised or required. And further, it is agreed by and between the said parties to these presents, and ye said Sr. Ferdinando Gorges and Capt. John Mason, for them, their heyres, executors, administrators and assignee, doe covenant to and with the said president and council, and their successors, by these presents that if at any time hereafter there shall be found any oare of gold and silver within the ground in any part of the said premises, that then they, the said Sr. Ferdinando Gorges and Capt. John Mason, their heyres and assignee, shall yield and pay unto the said President and councill, their successors and assignee, one fifth part of all such gold and silver oare as shall be found within and upon ye premises, and digged and brought above ground to be delivered above ground, and that always within reasonable and convenient time, if it be demanded after the finding, getting, and digging up of such care as aforesaid, without fraud or covin, and according to the true intent and meaning of these presents. And the said Sr. Ferdinando Gorges and Capt. John Mason doe further covenant for them, their heyres and assignee, that they will establish such government in the said porcons of lands and islands granted unto them, and the same will from time to time continue, as shall be agreeable, as neere as may be to the laws and customs of the realme of England; and if they shall be charged at any time to have neglected their duty therein, that thus they well conforme the same according to the direct-the President and councill; or in default thereof it shall be lawful for any of the aggrieved inhabitants and planters, being teen's upon ye said lands, to appeal to ye chief courts of justices of the President and councill. And ye sd Sr. Ferdinando Gorges and Capt. John Mason doe covenant and grant, to and with ye said President and councill, their successors and assigns, by these presents, that they, the said Sr. Ferdinando Gorges and Capt. John Mason, shall and will, before the expiracon of three years, to be accompted from the day of the date hereof, have in or upon the said porcons of lands, or some part thereof; one parse with a competent guard, and ten families at least of his Majestie's subjects resident and being in and upon ye same premises; or in default thereof shall and will forfeit and loose to the said President and councill the sum of one hundred pounds sterling money; and further, that if the said Sr.Ferdinando Gorges and Capt. John Mason, their heires or assignee, shall at any time hereafter alien these premises, or any part thereof, to any foraiglle nations, or to any person or persons of any foraigne nation? without the special license, consent, and agreement of the said President and councill, their successors and assignee, that then the part or parts of the said lands so alienated, shall immediately return back to the use of the said President and Councill. And further Know ye, that ye said President and Councill have made, constituted, deputed, authorized and appointed, and in their place and stead do put Capt. Robert Gorges, or, in his absence, to any other person that shall be their governor or other officer, to be their true and lawfull attorney, and in their name and stead to enter the said porcons of lands, and other the premises wth eclair appurtenances, or into some part thereof in name of the whole, for them and in their name to have and take possession and siezin thereof, or some part thereof in the name of the whole, so had and taken, there for them, and in their names to deliver the full and peaceable possession and siezin of all and singular the said granted premises unto the said Sr. Ferdinando Gorges and Capt. John Mason, or to their certaine attorney or attorneys in that behalf, according to the true intent and meaning of these presents, ratifying and confirming and allowing all and whatsoever their said attorney shall doe in or about the premises by these presents. In witness whereof to one part of these presents indentures, remaining in the hands of Sir Ferdinando Gorges and Capt. John Mason, the said President and councill have caused their common seal to be affixed, and to the other of these present indentures, remaining in the custody of the said President and councill, the said Sir Ferdinando Gorges and Capt. John Mason have put to their hands and seals. Given the day and year first above written.