ARTICLE I-Continued. any kind whatever, from any king, prince, or foreign state. SECTION 10. 1. No state shall enter into any treaty, alliance or confederation; grant letters of marque and reprisal; coin Er post facto. See Paschal's Annotated Const. (2d ed.) 391: Cook's N. Y. Penal Code, § 2, and notes; Matter of Medley, 134 U. S. 160; 41 Alb. L. J. 331; Gut v. State, 9 Wall, 35; Kring v. Missouri, 107 U. S. 224'; Matter of Saw- Obligation, etc.- Minneapolis, etc., R. Co. v. State, 134 T. S. 467; Little v. Bowers, id. 567; De Saussure v. Gaillard, 127 id. 216; Mayor, etc., v. Eighth Avenue R. Co., 43 Hun, 618; New York Cable Co. v. Chambers St. R. Co., 40 id. 31; New Orleans Water-works Co. v. Louisiana, etc., Co., 125 U. S. 18; Bowman v. Chicago, etc., id. 465; West Wisconsin R. Co. v. Supervisors, 93 id. 595; Home Ins. Co. v. City Council, id. 116: County, etc., v. Ten Cent Savings Bank, 92 id. 631; Wilmington, etc., R. Co. v. King, 91 id. 3; Ochiltree v. Railroad, 21 Wall. 249; Garrison v. City of New York, id. 196; Pacific Ry. Co. v. Maguire, 20 id. 36. Bills of credits. People v. Brie, 5 N. Y. Cr. Rep. 272; Craig v. State, 4 Pet. 410; Byrne v. State, 8 id. 40; Briscoe v. Bank of Commerce, 11 id. 257. 2. No state shall, without the consent of the congress, ARTICLE I-Continued. compact with another state, or with a foreign power, or engage in war, unless actually invaded, or in such imminent danger as will not admit of delay. See People v. Edye, 11 Daly, 132; Inman S. S. Co. v. Tinker, 94 U. S. 238; Packet Co. v. St. Louis, 100 id. 423; Packet Co. v. City of Keokuk, 95 id. 80; Cannon v. New Orleans, 20 Wall. 577; Cole v. Johnson, 10 Daly, 258. State tax on gross receipts. 15 Wall. 284; State Tonnage Tax Cases, 12 id. 204; Hinson v. Lot, 8 Wall. 148; Woodruff v. Perham, id. 123; Waring v. Mayor, id. 110; Crandall v. State, 6 Wall. 35; License Tax Cases, 5 id. 462; Almy v. State, 24 How. 169; Cooley v. Board, etc., 12 id. 299; Mager v. Grima, 8 id. 490. ARTICLE II. SECTION 1. 1. The executive power shall be vested in a president of the United States of America. He shall hold his office during the term of four years; and, together with the vice-president chosen for the same term, be elected as follows: 2. Each state shall appoint, in such manner as the legislature thereof may direct, a number of electors equal to the whole number of senators and representatives to which the state may be entitled in the congress: out no senator or representative, or person holding an office of trust or profit under the United States, shall be appointed an elector. 3. The electors shall meet in their respective states, and vote by ballot for two persons, of whom one at least shall not be an inhabitant of the same state with themselves. And they shall make a list of all the persons voted for, and of the number of votes for each, which list they shall sign and certify, and transmit sealed to Daragraph has been superseded by the 12th amend ARTICLE II—Continued. the seat of government of the United States, directed to the president of the senate. The president of the senate shall, in the presence of the senate and house of representatives, open all the certificates, and the votes shall then be counted. The person having the greatest number of votes shall be the president, if such number be a majority of the whole number of electors appointed; and if there be more than one who have such a majority, and have an equal number of votes, then the house of representatives shall immediately choose, by ballot, one of them for president; and if no person have a majority, then, from the highest on the list, the said house shall, in like manner, choose the president. But in choosing the president, the vote shall be taken by states, the representation from each state having one vote; a quorum for this purpose shall consist of a member or members from two-thirds of the states, and a majority of all the states shall be necessary to a choice. In every case. after the choice of the president, the person having the greatest number of votes of the electors shall be the vicepresident. But if there should remain two or more who have equal votes, the senate shall choose from them, by ballot, the vice-president. 4. The congress may determine the time of choosing the electors, and the day on which they shall give their votes, which day shall be the same throughout the United States. 5. No person, except a natural born citizen, or a citizen of the United States at the time of the adoption of this constitution, shall be eligible to the office of president; neither shall any person be eligible to that office who shall not have attained to the age of thirty-five ARTICLE II—Continued. years, and been fourteen years a resident within the United States. 6. In case of the removal of the president from office, or of his death, resignation, or inability to discharge the powers and duties of the said office, the same shall devolve on the vice-president; and the congress may, by law, provide for the case of removal, death, resignation or inability, both of the president and vice-president. declaring what officer shall then act as president; and such officer shall act accordingly, until the disability le removed, or a president shall be elected. 7. The president shall, at stated times, receive for his services a compensation which shall neither be increased nor diminished during the period for which he shall have been elected; and he shall not receive within that period any other emolument from the United States, or any of them. 8. Before he enter on the execution of his office, le shall take the following oath or affirmation: "I do solemnly swear (or affirm) that I will faithfully execute the office of president of the United States: and will to the best of my ability, preserve, protect and defend the constitution of the United States." SECTION 2. 1. The president shall be commander-in-chief of the army and navy of the United States, and of the militia of the several states, when called into the actual service of the United States. He may require the opinion, in writing, of the principal officer in each of the executive departments, upon any subject relating to the duties of their respective offices; and he shall have power to grant ARTICLE II—Continued. reprieves and pardons for offenses against the United States, except in cases of impeachment. Wallach v. Van Risevich, 92 U. S. 202; Lamar v. Browne, id. 187: Mechanics', etc.. Bank v. Union Bank, 22 Wall. 276; Hamilton v. Dillin, 21 id. 73; Pargoud v. U. S., 13 id. 156: Armstrong v. U. S., id, 152; U. S. v. Klein, id. 128; U. S. v. Paddleford, 9 id. 542: The Grapeshot, id. 129: Armstrong's Foundry, 6 id. 766; Matter of Garland, 4 id. 333. 2. He shall have power, by and with the advice and consent of the senate, to make treaties, provided twothirds of the senators present concur; and he shall nominate, and by and with the advice and consent of the senate shall appoint, ambassadors, other public ministers and consuls, judges of the supreme court, and all other officers of the United States whose appointments are not herein otherwise provided for, and which shall be established by law. But the congress may, by law, vest the appointment of such inferior officers as they think proper, in the president alone, in the courts of law, or in the heads of departments. Holden v. Joy. 17 Wall. 211; City of New Orleans v. DeArnas. 9 Pet. 224; Worcester v. State, 6 id. 515; Patterson v. Gwinn, 5 id. 233; Cherokee Nation v. State of Ga., id. 1; Foster v. Neilson, 2 id. 253; American Ins. Co. v. Canter, 1 id. 511; U. S. v. Kirkpatrick, 9 Wheat. 720. U. S. v. Construction of executive in executing laws is binding on judiciary, where private rights are not affected. Lytle, 5 McLean, 9. 3. The president shall have power to fill up all vacancies that may happen during the recess of the senate, by granting commissions which shall expire at the end of their next session. U. S. v. Kirkpatrick, 9 Wheat. 720. SECTION 3. 1. He shall, from time to time, give to the congress information of the state of the Union, and recommend to |