ed.

of all persons voted for as president, and of all persons voted for as vice president, and of the number of votes for each, which lists 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 Votes count-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 for president, shall be the president, if such number be a majority of the whole number of electors appointed; and if no person have such majority, then from the persons having the highest numbers, not exceeding three, on the list of those voted for as president, the house of representatives shall Choice by choose immediately, by ballot, 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. And if the house of representatives shall not choose a president whenever the right of choice shall devolve upon them, before the fourth day of March next following, then the vice president shall act as president, as in the case of the death or other constitutional disability of the president.

the house.

Vice president.

The person having the greatest number of votes as vice-president, shall be the vice president, if such number be a majority of the whole number of electors appointed; and if no person have a majority, then Election by from the two highest numbers on the list, the senate shall choose the vice president; a quorum for the purpose shall consist of two-thirds of the whole number of senators, and a majority of the whole number shall be necessary to a choice.

senate.

Eligibility.

Slavery abolished.

Congress, power of.

Citizens,

who are.

But no person constitutionally ineligible to the office of president, shall be eligible to that of vice president of the United States.

ARTICLE XIII.

SEC. 1. Neither slavery nor involuntary servitude, except as a punishment for crime, whereof the party shall have been duly convicted, shall exist within the United States or any place subject to their jurisdiction.

SEC. 2. Congress shall have power to enforce this article by appropriate legislation.

ARTICLE XIV.

SEC. 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the All citizens United States, nor shall any state deprive any person of life, liberty or property without due process of law, nor deny to any person within its jurisdiction the equal protection of the laws.

to have

equal protection.

Representatives, how

SEC. 2. Representatives shall be apportioned among the several states according to their respective numbers, counting the whole number apportioned. of persons in each state, excluding Indians not taxed; but when the right to vote at any election for the choice of electors for president and vice president of the United States, representatives in congress, the executive and judicial officers of a state or the members of the legislature thereof, is denied to any of the male inhabitants of such state, being twenty-one years of age, and citizens of the United States, or in any way abridged, except for participation in rebellion or other crimes, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens, twenty-one years of age, in such state.

hold office.

SEC. 3. No person shall be a senator or representative in congress, Who not to or elector of president and vice president, or hold any office, civil or military, under the United States, or under any state, who having previously taken an oath as a member of congress or as an officer of the United States, or as a member of any state legislature, or as an executive or judicial officer of any state, to support the constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But congress Congress may by a vote of two-thirds of each house remove such disability. may remove SEC. 4. The validity of the public debt of the United States, author- Public debt ized by law, including debts incurred for payment of pensions and not to be bounties, for services in suppressing insurrection or rebellion, shall not be questioned. But neither the United States nor any state shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave; but all such debts, obligations and claims shall be held illegal and void.

disability.

questioned.

Debts in

curred in aid of rebel

lion not to be paid.

SEC. 5. That congress shall have power to enforce by appropriate Congress, legislation the provisions of this article.

power of.

NOTES.

The constitution of the United States went into operation on Wednesday, March 4th, 1789. 5 Wheat. 420.

The constitution of the United States being the paramount law of the whole Union, restrains the powers of the state governments:

First. In those cases where an exclusive power is expressly granted to congress; as in the case of exclusive legislation over places ceded for forts, &c. 2 Mason, 69. 5 Mason, 356. 5 Wheat. 317.

Secondly. Where there is a direct incompatibility in the exercise of a power by the states, which has been granted to the United States; as in the cases of the power to establish a uniform rule of naturalization, and the exercise of admiralty aud maritime jurisdiction. 1 Wheat. 304. 2 Wheat. 269. 5 Wheat. 49.

Thirdly. Where the exercise of the power is expressly prohibited to the states; as the power to coin money, emit bills of credit, make any thing but gold and silver coin a tender in payment of debts, pass any bill of attainder, ex post facto law, or law impairing the obligation of contracts. Art. I. Sec. 10.

Fourthly. Where the law of the state attempts to impede or control the lawful institutions or measures of the general government; as to interfere with the judgment, process or proceedings of the United States courts or officers. 2 Cranch, 397. 5 Cranch, 115. 7 Cranch, 279. 6 Wheat. 598; or to tax the United States Bank. 4 Wheat. 316; or United States stock. 2 Peters, 449.

In all the above cases the powers of the national government are exclusive, and the laws of the states are absolutely void.

Fifthly. Where a power is granted to congress, not in its nature exclusive, and a law passed by virtue of such power, comes into direct and manifest collision with a state law, the former being paramount, the latter must yield, so far, and so far only, as the incompatibility exists; as in the cases of bankrupt laws, tax laws, laws regulating commerce, &c. In these cases the powers of the two governments are concurrent, and the state law is binding, in the absence of any incompatible law of congress. 4 Wheat. 193. 11 Peters, 103. A state cannot issue certificates, receivable in payment of taxes, and by the state officers for salaries and fees, although not made a legal tender. Being paper plainly intended to circulate through the community as money, they are bills of credit, within the meaning of the constitution. Instruments issued by the state, binding it to pay money at a future day, for services actually received, or for money borrowed for present use, would not come within the prohibition. 4 Peters, 410. 8 Peters, 40.

The notes of a bank, established by the state, belonging wholly to it, and the officers and directors of which are appointed by it, are not bills of credit within the constitution. 11 Peters, 259.

The prohibition to pass ex post facto laws applies only to laws of a penal or criminal nature.

An ex post facto law is one which renders an act punishable in a manner in which it was not punishable when it was committed, either by a change of the punishment or of the rules of evidence applicable to it. 3 Dall. 386. 6 Cranch, 138.

It is no objection to a state law that it is retrospective, or that it divests rights pre

viously vested, provided it do not impair the obligation of a contract. 2 Peters, 380. 8 Peters, 88.

A legislature which passes a law authorizing the sale of state land, cannot afterwards by repealing the law, take away the purchaser's right under the sale. The law granting the right is a contract, which cannot afterwards be impaired. 6 Cranch, 87.

Where the legislature of New Jersey declared by law, that certain lands to be thereafter purchased for the use of Indians, should not be subject to any tax, it was held that this was a contract, and that the land, although afterwards sold by the Indians, could not be taxed. 9 Cranch, 43.

A state legislature cannot repeal a statute creating a private corporation, or confirming to them property, nor can it revoke a grant of property. Corporations existing only for public purposes, as counties, towns, cities, &c., may be changed or taken away, the property being secured for the use of those for whom, and at whose expense, it was originally purchased. 9 Crauch, 43. 4 Wheat. 518.

The prohibition to pass laws impairing compacts embraces all contracts executed and executory, and whether between individuals, or between a state and individuals. It never depends upon the extent of the change which the law effects in the contract. Any deviation from its terms, by postponing or accelerating the period of performance which it prescribes, imposing conditions not expressed in the contract, or dispensing with the performance of those which are expressed, however minute or apparently immaterial in their effect upon the contract, or upon any part or parcel of it, impairs its obligation. 8 Wheat. 1.

The states may pass statutes of limitation or laws discharging debtors from imprisonment, or other laws which relate to the remedy, and not to the obligation of a contract. But a law releasing the debtor from all future obligation to pay, is a law impairing the contract, and void. 1 Harr. 197. 6 Wheat. 122. 12 Wheat. 870.

But a state bankrupt or insolvent law which discharges debts contracted subsequent to its passage, does not impair the contract, and is valid. A discharge, however, under such a law is binding only in the state where it is granted. 12 Wheat. 213. 6 Peters, 348. 5 Hal. 208.

State laws requiring deeds to be recorded, or to be void as against younger deeds, passed after the making of the deeds, and limitation acts, affecting existing rights of action, do not impair the obligation of contracts, and are therefore constitutional. 3 Peters, 280.

A charter granted to a bank is a contract, and cannot therefore be taken away or impaired. But the right to be exempt from taxation does not so necessarily flow from the charter as to be implied as a part of the contract; a law taxing banks is constitutional. 4 Peters, 514.

A state law incorporating a bridge or turnpike company, and containing no exclusive grant, X does not imply a contract on the part of the state, not to authorize another bridge or turnpike, between the same places. Where a company was incorporated and built a toll bridge over Charles River, at Boston, a law authorizing a free bridge so near to it as to take away all its tolls, was held not to be contrary to the constitution. 11 Peters, 420. Statutes appointing commissioners to sell the lands of an individual debtor of the state, in satisfaction of liens and judgments held by the state, are not unconstitutional. 7 Peters,

469.

Where a deed was made by a man and his wife, for land of the wife, which was not properly acknowledged so as by the existing laws of the state to convey the wife's title, and after the wife's death her heirs recovered the land, and then the legislature passed a law curing such defective acknowledgments, it was held that such a law did not impair any contract; and although retrospective, was constitutional; and the persons holding the title under the wife's deed, recovered the land. 8 Peters, 88.

No state tribunal can interfere with seizures of property under the laws of the United States. If the officer who seizes, or the court which awards the process, has jurisdiction of the subject matter, then the inquiry into the validity of the seizure, belongs exclusively to the federal courts. But if there be no jurisdiction in the instance in which it is asserted, as if a marshal of the United States, under an execution in favor of the U. S. against A., seizes the property of B., then the state courts have jurisdiction, and trespass or replevin may be maintained against the marshal, in them. 2 Wheat. 1. 6 Hal. 370.

A state court cannot issue a mandamus to an officer of the United States. 6 Wheat. 598. But a habeas corpus may be issued by the state courts to a United States' officer. 2 South. 555. 10 John. 328.

The acts of the legislature of New York, granting the exclusive privilege to Livingston and Fulton to navigate the waters of that state with steamboats, were held to be unconsti tutional and void, as being repugnant to the power given to congress to regulate commerce, so far as those acts went to prohibit vessels licensed under the laws of the United States from navigating the waters of New York. 9 Wheat. 1.

A state law requiring every importer of goods by wholesale, bale or package, to take out a license from the state, and pay for it, was held to be in conflict with the laws of congress regulating commerce, and repugnant to the prohibition against a state to lay an impost or duty on imports or exports, and therefore void. 12 Wheat. 419.

A law of a state may authorize a dam to be made across a navigable creek, up which the

tide flows, in the absence of any law of congress, interfering with such a power in the state. 2 Peters, 245.

The grant to congress to regulate commerce on the navigable waters of the several states, contains no cession of territory, or of public or private property; the states may by law regulate the use of fisheries and oyster beds within their territorial limits, though upon navigable waters, provided the free use of the waters for purposes of navigation and commerce be not interrupted. 4 Wash. Cir. Rep. 371.

The states may pass laws, requiring the masters of vessels within a certain period after their arrival within the states, to make a report of the passengers, and may regulate the terms on which they shall be admitted into the state, such laws not being a regulation of commerce, but, like inspection and health laws, are regulations of the internal police of the state. 11 Peters, 102.

That section of the constitution which declares that citizens of each state shall be entitled to all privileges and immunities of citizens in the several states, must be restricted to those privileges and immunities, which are in their nature fundamental; such as the right of one citizen to pass through or to reside in any other state for purposes of trade, agriculture, &c.; to claim the benefit of the writ of habeas corpus; to institute and maintain actions of any kind in the courts of the state; to take, hold and dispose of property, either real or personal and an exemption from higher taxes or impositions than are paid by the other citizens of the state: it does not extend so far as to prevent the states from prohibiting the citizens of other states from catching fish or oysters in their waters. 4 Wash. Cir. Rep. 371.

Congress has the right to provide for the organization and discipline of the militia, reserving to the states the appointment of the officers and the training of the militia according to the discipline prescribed by congress, and so far as congress exercises this right, its laws supersede the state laws. The power to govern such part of the militia as may be employed in the service of the United States, is exclusively vested in congress; but the state laws may provide that court martials constituted by them shall enforce the penalties prescribed by congress. 5 Wheat. 1.

It belongs exclusively to the president of the United States to decide when the exigency has arisen, which authorizes the militia to be called out, agreeably to the constitution, to execute the laws of the Union, suppress insurrections, and repel invasions: and his requisition upon the governor of a state is in legal intendment an order, which will justify the call, and expose the militia men to the penalties prescribed by the act of congress, for disobedience. 12 Wheat. 19.

The provisions contained in the amendments, declaring that private property shall not be taken for public use, without just compensation, preserving the right of trial by jury, &c., are limitations on the powers of the general government, and are not applicable to the legislation of the states. 7 Peters, 243.

When the question comes before a circuit court of the United States, whether a state law is repugnant to the constitution of the state whose legislature passed it, that court decides it the same as a court of the state; but the supreme court of the United States, upon a writ of error to a state court, has no jurisdiction to declare a state law void on account of its being contrary to the state constitution; that court, in such a case, can decide nothing but the question whether the state law is repugnant to the constitution or treaties of the United States. 3 Peters, 280. 8 Peters, 88.

The courts of the United States have exclusive jurisdiction of suits against foreign ministers and consuls; they cannot be sued in the state courts. 7 Peters, 276. 1 Gr. 107.

The supreme court of the United States has jurisdiction of a suit brought by one state of the Union against another, to determine the rights of territory and jurisdiction of such states. 12 Peters, 657.

A corporation of one of the states is, for the purposes of suing and being sued in the courts of the United States, a citizen of the state which created it. 2 How. 297. But a corporation is not a citizen within the meaning of that clause of the constitution which declares, that "the citizens of each state shall be entitled to all privileges and immunities of citizens in the several states." 13 Peters, 586. 3 Zab. 429.

A state cannot impose a tax on an office held under the constitution and laws of the United States. 16 Peters, 435.

A person in custody under a ca. sa. issued out of a circuit court of the United States, cannot be discharged from imprisonment by proceedings under a state insolvent law. 1 How. 301. 2 How. 9.

A state law, passed after the execution of a mortgage, which declares that the equitable estate of the mortgagor shall not be extinguished for twelve months, under a decree in chancery, and which prevents a sale, unless two-thirds of the amount at which the property has been valued by appraisers shall be bid therefor, is a law impairing the obligation of a contract, and therefore unconstitutional. 1 How. 31. 2 How. 608.

A citizen of a state may sue in the courts of the United States, upon the sheriff's bond of another state, and use the name of the governor, although the parties to the bond are the sheriff and governor, both citizens of the same state, provided the party, for whose use the suit is brought, is a citizen of a different state from the sheriff. 2 How. 9.

B

If the act incorporating a bank declares that only a specified tax or burthen shall be imposed on it during its charter, this is a contract with the stockholders, whereby they are exempt from a tax levied on the value of their respective shares of the stock. 3 How. 133. 3 Zab. 532.

A bridge held by an incorporated company, under a state charter, may be condemned and taken as part of a public road, under the laws of that state. The charter is a contract between the state and the company; but, like all private rights, it is subject to the right of eminent domain in the state. 6 How. 507.

No state can establish a permanent military government, but it may use its military power to put down an armed insurrection, too strong to be controlled by the civil authority, and may declare martial law. The state must determine for itself what degree of force the crisis demands. 7 How. 1.

Where a convention, held in a state, without the authority of any law, adopted a constitution, and submitted it to a vote of the people, and it appearing that a majority voted in favor of adopting it, a governor and other officers were elected under it, who attempted to carry on the government, but were resisted, and finally tried and punished: it was held, that the question between two opposing governments is not of judicial cognizance, and that the question, whether a majority of qualified voters did in fact vote to adopt the constitution, cannot be determined by an action at law. Ib.

A tax imposed by a state upon all money or exchange brokers is not repugnant to the constitutional power of congress to regulate commerce. A state has a right to tax its own citizens for the prosecution of any particular business or profession within the state. 8 How. 73.

A state law, declaring that all judgments obtained in any other state, prior to the passage 'I of the act, should be barred, unless suit was brought in two years, held constitutional. 9 How. 522.

The act of 1790, respecting the records and judicial proceedings of the states, does not render a judgment obtained in one state against the citizen of another, who had not been served with process or voluntarily appeared, conclusive in another state. 11 How. 165.

4 Zab. 223.

Where a ferry was granted to a town by the legislature, a subsequent act abolishing the ferry and granting to a corporation the power to erect a bridge, was held to be constitutional. 10 How. 511.

The states have power to regulate pilots, 12 How. 299; and to prescribe the rates of ferriage over rivers running between two states. 4 Zab. State v. Hudson.

A state, under its general and admitted power to define and punish offences against its own peace and policy, may repel from its borders an unacceptable population, whether paupers, criminals, fugitives, or liberated slaves, and consequently may punish its citizens or others, who thwart this policy, by harboring, secreting, or in any way assisting such fugitives. 14 How. 13.

Riparian owners on the Delaware have no title to the river, nor any right to divert its waters, unless by license from Pennsylvania and New Jersey. Such a license, if given, is revocable, and in subjection to the superior right of the state to divert the water for public improvements, either by the state directly, or by a corporation created for that purpose. 14 How. 80.

The soil under the public navigable waters of New Jersey, to the ordinary high water mark, belongs to the state, and not to the boards of proprietors; and the principle covers a case where land has been reclaimed from the water, under an act of the legislature. 15 How. 426. 3 Zab. 624.

If a creditor claims of an assignee under a bankrupt or assignment law, although he is not a citizen of the state enacting such law, by voluntarily making himself a party to the proceedings, he is bound by the law, to the same extent as a citizen of that state; and consequently, if such law discharges the debt, the creditor cannot recover it in the state of which he is a citizen or elsewhere. 12 Wheat. 213. 3 Peters, 411.

A law imposing a tax on a foreign corporation, for the transportation of goods through the state, is unconstitutional. 2 Vroom, 531.