Remark. In such cases the trial is without jury, and the forms of proceeding very differ, ent from those of the common law.

ARTICLE VIII. Recite this article.

What

is bail? Ans. The security required for the appearance at court of a person arrested before he can be permitted to go at large.

ARTICLE IX.

Recite this article.

ARTICLE X. To whom are the powers not delegated to the United States by the constitution, nor prohibited by it to the states, reserv. ed?

ARTICLE XI. Recite this article. When was this amendment proposed? Ans. In 1794, at the second session of the third congress. What was the occasion of its being proposed? Ans. A suit brought by an individual of the name of Chisholme against the state of Georgia, and decided in 1793, excited great discontent in that state. Its legislature openly defied the authority of the United States court. It was considered to be incompatible with the dignity of the state sovereignties that they should be subject to be arraigned at the suit of individuals.

ARTICLE XII. What is the mode of choosing the president and vice-president of the

United States by the electors, as defined in this amendment? Where are the electors required to transmit certified, signed and sealed lists of the persons voted for? To whom must they be directed? In whose presence is the president of the senate to open the certificates? Which of the persons voted for as president is elected president? Suppose no person has a number of votes equal to a majority of the whole number of electors appointed, how and by whom is the president to be chosen? In choosing the president by the house of representatives, how are the votes taken? What proportion of the states are necessary to constitute a quorum for this purpose? What proportion is necessary for a choice? If the house of representatives do not choose a president whenever the right of choice devolves on them, before the 4th of March next following, who is to act as president?

Which of the persons voted for as vice-president is elected? If no person have a majori ty, how and by whom is the vice-president to be chosen? What proportion of the whole number of senators is necessary to constitute a quorum for this purpose? What proportion is necessary for a choice?

What qualifications for the vice-president are required by this amendment to the constitution?

[The following paragraph is a part of the constitution as originally adopted. It followed the paragraph in Article II. Sec. 1, which speaks of the electors of president and vicepresident. At the first session of the eighth congress the 12th amendment was proposed, which being subsequently adopted, annulled this clause of the constitution. At the election of 1801, the votes for Mr. Jefferson and Mr. Burr were equal. The same thing was likely to occur in future. The 12th amendment was therefore adopted, chiefly for the purpose of making it necessary to designate upon the ballots, who was intended for president, and who for vice-president.]

"The electors shall meet in their respective states, and vote by ballot for two persons, one of whom at least shall not be an inhabitant of the same state with themselves. And they shall make a list of all the persons voted for, and of the number of votes for each; which list they shall sign and certify, and transmit sealed to the seat of the government of the United

States, directed to the president of the senate. The president of the senate shall, in the presence of the senate and house of representatives, open all the certificates, and the votes shall then be counted. The person having the greatest number of votes shall be the president, if such number be a majority of the whole num ber of electors appointed; and if there be more than one who have such majority, and have an equal number of votes, then the house of representatives shall immediately choose by ballot one of them for president; and if no person have a majority, then from the five highest on the list the said house shall in like manner choose the president. But in choosing the president, the votes shall be taken by states, the representation from each state having one vote; a quorum for this purpose shall consist of a member or members from two-thirds of the states, and a majority of all the states shall be necessary to a choice. In every case, after the choice of the president, the person having the greatest number of votes of the electors shall be the vice-president. But if

there should remain two or more who have equal votes, the senate shall choose from them by ballot the vice-president."