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Limitation of the powers of the states.

of war.



Term of office.

Art. 1. Sect 9. accept of any present, emolument, office (a) or title of any kind whatever, from any

king, prince or foreign state.

Sect. X. 1. No state shall enter into any treaty, alliance or confederation ; grant letters of marque and reprisal; coin money; emit bills of credit ;(6) make anything but gold and silver coin a tender in payment of debts; pass any bill of attainder, ex post facto law,(c) or law impairing the obligation of contracts, (d) or grant any title of

nobility. Imposte.

2. No state shall, without the consent of the congress, lay any imposts or duties on imports or exports, except what may be absolutely necessary for executing its inspection laws; and the net produce of all duties and imposts, laid by any state on imports or

exports, shall be for the use of the treasury of the Crited States; and all such laws Tonnage duties. shall be subject to the revision and control of the congress. No state shall, without the Timops and ships consent of congress, lay any duty of tonnage, keep troops or ships of war, in time of

peace, enter into any agroement or compact (e) with another state, or with a foreign Compacts.

power, or engage in war, unless actually invaded, or in such imminent danger as will
not admit of delay.

Sect. I. 1. The executive power shall be vested in a president of the United States of
America.(9) He shall bold his office during the term of four years, and together with

the vice president, chosen for the same term, be elected as follows: Mode of election. 2. Each state shall appoint, in such manner as the legislature thereof may direct, a

pumber of electors equal to the whole number of senators and representatives to which the state may be entitled in the congress; but no senator or representative, or person holding an office of trust or profit under the United States, shall be appointed an elector.

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 the seat of the government of the United States, directed to the president of the senate. sident 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 tho greatest number of votes shall be the president, if such number be a majority of the whole number of electors appointed; and if there be more than one who have such majority, and have an equal number of votes, then the house of representatives shall immediately choose by ballot one of them for president; and if no person have a majority, then from the five highest on the list the said house shall in like manner choose the president. But in choosing the president, the votes shall be taken by states, the representation from each state having one vote; a quorum for this purpose shall consist Art. 2. Sect. I. 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.(a)

The pre

(a) Thus, a marshal of the United States cannot, at the same power does not conflict with the constitution. West River Bridge time, hold the office of commercial agent of France. 6 Opin. 409. Co. v. Dix, 6 Hlow. 507. Rundle r. Delaware and Raritau Canal

) To minstitute a bill of credit within the constitution, it must Co., 11 lid. $0. Nor does the exercise of the power of taxation. be issued by a state. involve the faith of the state, and le designed Providence Bank v. Billinya. 4 Pet. 514. See New York and Erie to cirrulate as money, on the credit of the sonte, in the ordinary Railroad Co. r. Sabin, 2 Ca-ev, 212. So, the states may pasa As of business, Briscoe v. Bank of Kentucky, 11 Pet. 257. As limitation acts. Jackson v. Lamphire, 3 Pet. 289-90. Hawkins to what are such bills of credit; see Craig u. Missouri, 4 Ibid. r. Barney's Ltesse, 5 Ilid. 457. Brouson 2. Kinsie, 1 low. 315. 410; 9. c. 8 Ibid. 40. Woodruff r. Trapnall, 10 How. 205. Dar Phalen v. Virginia, 8 Ibil. 108. Exemption Laws. Bronson r. rington r. State Bank of Alabama, 13 Ibid. 12. Curran v. Ar- Kinsie, ut supra. Insulvent laws. discharging the person of a kansas. 15 Ibid. 317-18.

debtor from imprisonment. Masun e. Il ile, 12 Wh. 370. Beers (C) See supra 5, vote i. The constitution does not prohibit the v. laughton, 9 Pet. 329. Recording acts, postponing an eller states from passing retrospective laws generally, but only er post to a younger title, after a limitel period. Jacksou r. Lamphire, fucta Inws. Watson 2. Mercer, 8 Pet. 110. Retrospective laws 3 Pet. 289. And laws relating to divorces. Dartmouth College divesting vested rights are impolitic and unjust; but they are Woodward, 4 Wh. 620. Whatever belongs merely to the remedy not er post facto laws within the meaning of the constitution nor may be altered according to the will of the state, provide the repugnant to its provisions; Albee v. May, 2 Paine, it: unless alterations do not impair the obligation of the contract; but if they impair the obligation of a contract. Baltimore and Susque- that effect be produced, it is immaterial whether it be doue ty handa Railroad Co. r. Nesbit, 10 Ilow. 401. Should a statute acting on the remely or directly on the contract itself. Brusin declare, contrary to the general principles of law, that contracts . Kinkie, 1 llow, 316. The extent of change is not material, any founded upon an illegal or iumoral consileration, whether in postponement or acceleration of the performance of the contract existence at the time of passing the statute, or which might here impairs its oblication. Sireen r. Bililo. & Wh. 1. 75. 'Cracken atter he entered into should nevertheless be valid and bin iing v. Hayward, 2 10w. 608. And see United States . Conway, opon the parties, all would admit the retrospective character of Ilemp. 313. Johnson 1. Bond. Ibid. 533. Moore v. Fowler, Ilir fuch an enactment, but it would not be repugnant to the con- 536.Erie and X. E. Railroad Ch. t. Casey, 2 Casey. 287. This #titution of the United States. Satterlee v. Matthewson, 2 Pet. clause do not affect the laws of Texas passed before its admission 412.

into the Union). League r. De Young, 11 low. 185. (dl) This provision has never been understood to embrace other (c) These words are used in their broadest reuse; they were contracts than those which respect property, or some object of intended to cut off all negotiation and intercourse between the value, and confer richts which may be asserted in a court of jus state authorities and foreign nations. Il mes 2. Jennison, 14 tire. Dartmouth College v. Woodward, 4 Wh. 029. A private Pet. 572, 574. And therefore, no state can, without the consent charter is such a contract. Dartmouth College 2. Woodward. 4 of congress, enter into any agreement or compact, express or imWh. 518. An act incorporating a banking institution. Provi- plied, to deliver up fugitives from justice from & foreign state, den 'e Bank v. Billings, 4 Pet. 514. Gordon v. Appeal Tax Court, who may be found within its limits. Ibid. 3 Opin. fol. This 3 Ilow. 133. Planters' Bank o. Sharp, 6 Ibid. 301. ('urran v. prohibition is political in its character, and has no reference to a Arxanens, 15 Ibid. 304. A grant of land by the legislature of a mere matter of contract, or to the grant of a franchise whi.b in state. Fletcher v. Peck, 6 Cr. 87. Terrett v. Taylor. 9 Ibid. 43. nowire conflicts with the powers delegate to the general govern. And so is a compact between two states. Green v. Biddle, 8 Wh. ment by the states. Union Branch Railroad Co. r. Fast Tennes. 1. Allen v. McKean, 1 Sumn. 276. And see 2 Pars, on Cont see and Georgia Railroad Co., 14 Geo. 327. A compact entered 509. An appointinent to a salaried office, however, is not a con- into between two states, with the assent of congress, is binding tract, within the meaning of the constitution. Butler e. Pennsyl. on those states, and the citizens of each, Fleeger v. Pool, i vania, 10 How. 102. Commona calth v. Mann, 5 W. & S. 418 McLran. 185. Commonwealth . Bacon. 6 S. & R. 322. Barker r. Pittsburyh. 4 (g) An art done by one president, vesting n right in a citizen, is Barr, 49. All contracts are subject to the right of eminent do- not subject to review or reversal by his successor. 0 Opin. C03. main existing in the several states; and the exercise of this

4. The congress may determine the time of choosing the electors,(6) and the day on Time of election which they sha'l give their votes;(c) 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 Qualifications » time of the adoption of this constitution, shall be eligible to the ofice of president;

the president. neither shall any person be eligible to that office who shall not have attained to the age of thirty-five years, and been fourteen years a resident within the United States. 6. In case of the removal of the president from office, or of his death, resignation, Vacancy, bow

supplied. 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 oficer shall then act as president, and such officer shall act accordingly until the disability be removed, or a president shall be elected.

7. The president shall, at stated times, receive for his services a compensation, which His compensa 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, he shall take the following oath or Oath of office. 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."

Sect. II. 1. The president shall be commander-in-chief of the army and navy of the Powers and United States, and of the militia of the several states, when called into the actual service of the United States ;(d) he may require the opinion, in writing, of the principal officer in each of the executive departments, upon any subject relating to the duties of their respective offices, and he shall have power to grant reprieves and pardons (e) for offences against the United States, except in cases of impeachment.

2. He shall have power, by and with the advice and consent of the senate, to make Treaties. treaties, provided two-thirds of the senators present concur; and he shall nominate,(9) and hy and with the advice and consent of the senate,() shall appoint (i) ambassadors, Appointing other public ministers (k) and consuls, judges of the supreme court, and all other officers power. of the United States, whose appointments are not herein otherwise provided for, and which shall be established by law.(1) But the congress may by law vest the appoint



(a) This clause is altogether altered and supplied by the 12th Stater r. Lancaster, 4 W. C. C. 64. 4 Opin, 576. 6 Ihid. 615. And amendment.

see 5 Ibid. 532, 579. The grant of the pardoning power (b) On the Tucsia next after the first Monday in November; requires nor authorizes the president to re-examine the case by set 23 January 1815. 5 Stut. 7:21.

upon new facts; por to grant a pardon upon the assumption of (c) On the first Wednesday in December; by act 1 March 1792. the new facts alleged. 10 in. 359. A pardon is a private thouth 1 Stat. 239.

official act; it must be delivered to and accepted by the criminal, (d) The president is not obliged to take. personally, the com- and cannot be noticed by the court, unless brought before it judi. mand of the militia, when called into the service of the general cially by plea, motion or otherwise. Unitid States v. Wilson, 7 government, but he inay place them under the command of officers Pet. 150. The president alone can pardon offences committed in a of the army of the United States, to whom, in his absence, he territory in violation of acts of congress. 7 Opin. 501. lle bag may delegat: the powers vested in him by the constitution. Any power to oriler a wlle proscqui in any stage of a criminal pro. officer of the army may, therefore, be required, by orders emana- ceeding in the name of the United States. 5 Ibid. 729. ting from the president, to perform the appropriate duties of luis (9) The nomination and appointment are voluntary acts ard station, in the militia, when in the service of the United States, distinct from the commissioning. Marbury v. Vadison, 1 Cr. whenever the pubne interest shall so require. But this power 155-6. Even after confirmation, the president may, in his discre must be esercised in strict accordance with the right of appoint- tion, with hold a commission; and until a commission has been ment of militia officers which is expressly reserved to the states, signed, the appointment is not fully consummated. # Opin. 218. 2 Opin. 711-12. See 2 Story Const. 1190-2.

(h) The senate cannot originate an appointment; its constitu( He may pardon as well before trial and conviction as after tional action is confined to a simple affirmation or rejection of the wards. 6 opin. 20. And after the expiration of the imprison. president's nominations; and such uominatious fail whenever it ment, which forms a part of the sentence. Stetier's Case, Phila. disagrees to them. 3 Opin. 188. R. 312. He may grant a conditional pardon; Ex parte Wells, 18 (1) The power of the president to appoint to offee, necessarily How. 307; 1 opin: 311; provided the condition be compatible with includes the power to remove all officers appointed and commisthe grous of our constitution and laws. Ibid. 452. Where the sioned by him, where the constitution bas not otherwise providi d. condition is such that the government has no power to carry into Therefore, he way remove a territorial judge, in his discretion. 5 effort, the parlon will be in effect unconditional. 5 lbid. 368. Opin. 288. 3 lbid. 673. 4 Ibil. 603, 6E-9. 4 Elliott's Debates, Ser Flarell's ('use, S W. & S. 197. United States r. Wilson, 7 Pet. 330. Ex parte lennen, 13 Pet. 259. And he may cause a military 161. People r. Potter, 1 Parker, C. R. 47. The pardoning power officer to be stricken from the rolls, without a trial by a court includes that of remitting fines, penalties and forfeitures under martial, notwithstauding a decision in his favor by a curt of the revenue laws: 2 Opin. 329; the passenger laws: 6 Ibid. 393; inquiry.. 4 pin. 1. See 2 Story Const. & 1538. the law" proliliting the slave trade; 4 l id. 573; fines jin posed (1) This gives him power to appoint diplomatic agents of any on Jefulting jurors; 3 Thid. 317; 4 Ibid. 458; for a contompt of rank, at any place, and at any time, in his discretion, subject to court; 3 Ibid, 622; and in criminal cases; Ibid. 418. And the the approbation of the senate, and this power cannot be limited same power is possessed over a judgment after security for its by act of congress. 7 Opin. 180. payment shall have been giren as before. Hid. But the presi- (1) The effect of this and the other clauses in the constitution dent has no power to remit the forfeiture of a bail.hond. 4 Ibid. on the subject of appointments to offico, is to declare that I 14. Nor, it seems, can he, hy s pardon, defeat a legal interest or offices under the federal government, except in cases where the right which bas become veetied in a private citized; as, for ex: constitution itself may otherwise provide shall be established by ample, the vested right of an ofiicer making a seizure. United law. United States v. Maurice, 2 Brock. 96.

Power to fill vacancies.

next se

Art. 2. Sect. 2. ment of such inferior officers,(a) as they think proper, in the president alone, in the

courts of law, or in the heads of departments.

3. The president shall have power to fill up all vacancies that may bappen during the recess of the senate,() by granting commissions which shall expire at the end of their

session.(c) Further pow 3r8.

Sect. III. IIe shall from time to time, give to the congress information of the state of the Union, and recommend to their consideration such measures as he shall judge necessary and expedient. He may, on extraordinary occasions, convene both houses, or either of them; and in case of disagreement between them, with respect to the time if adjournment, he may adjourn them to such time as he shall think proper. He shall receive ambassadors and other public ministers. He shall take care that the laws be

faithfully executed:(d) and shall commission all the officers of the United States. Impeacoments. Sect. IV. The president, vice president, and all civil officers (e) of the United States,

shall be removed from office on impeachment for, and conviction of, treason, bribery, or other high crimes and misdemeanors.(9)

ARTICLE III. Judiciary. Sect. I. The judicial power of the United States (k) shall be vested in one supreme

court, and in such inferior courts as the congress may, from time to ime, ordain and Tenure and com- establish.(i) The judges, both of the supreme and inferior courts, shall bold their pensation.

offices during good behavior ;(k) and shall, at stated times, receive for their services, a compensation, which shall not be diminished during their continuance in office.(l)

Sect. II. 1. The judicial power shall extend to all cases, (m) in law (n) and equity,(0) arising (p) under this Constitution, the laws of the United States, and treaties made, or which shall be made under their authority; to all cases affecting (9) ambassadors, other public ministers, and consuls ;(r) to all cases of admiralty and maritime jurisdiction ;(s) to contı versies to which the United States shall be a party ;(a) to controversies between Art. 3. Sect 2. two or more states ;(b) between a state and citizens of another state;(c) between citizens of different states ;(d) between citizens of the same state claiming lands under grants of different states, (e) and between a state, or the citizens thereof, and foreign states, (g) citizens or subjects.(h) 2. In all cases affecting ambassadors,(i) other public ministers and consuls,(k) and Jurisdiction of

Judicial powers.

(a) Clerks of courts are such officers; and in such cases the (0) By “cases in equity," are to be understood suits in which power of removal is incident to the power of appointment. Ex relief is sought according to the principles and practice of the parte Hennen, 13 Pet. 230, 239.

equity jurisdiction as established in English jurisprudence. Robo (b) lle may fill, during a recess of the sonate, a vacancy that inson r. Campbell, 3 Wh. 222-3. United States v. lIowland, 4 occurred by expiration of commission during a previous session. Ibid. 108. Lorman v. Clark. 2 McLean, 570-1. Lanman r. Clark, i Opin. 631. So, he may fill : vacancy which bas occurred by 4 Ibid. 18. Gorden v. Hobart, 2 Sumn. 401. Pratt r. Nortbam, 5 the expiration of a former temporary appointment, the sente Mas. 95. Cropper v. Coburn, 2 Curt. C. C. 465. Aud see 1 Curt having neglected to act on a nomination to fill the office. 3 Ibid. Comin. 2 27-9. 673. 4 Ibid. 523. 2 Ibid. 5:25. See 4 Ibid. 301.

(P") A case is said to "arise" under the constitution or a law of (c) The commission of an officer appointed during a recess, who the United States, whenever its corrent decision depends on the is afterwards nominated and rejected, is not thereby determined; construction of either. Cobens 2. Virginia, 6 Wh. 379. A bill in it continues in force to the end of the next session, unless sooner equity to enforce specific performance of a contract to convey & determined by the president. 2 Opin. 336. 4 lid. 30.

patent, is not " a case arising under the laws of the United States (ri) As incident to this power, he has authority to appoint com- as to patents, so as alone to give juristliction to its courts. missioners and agents to make investigations required by acts or Nesmith ». Calvert, 1 W. & M. 34 resolutions of congress; but cannot pay them, except from an (9) The federal courts have jurisliction of all suits “affeeting" appropriation for that purpose. 4 Opin. 248. It is not, in general, public ministers, although they may not be parties to the record. judicious for him, in the exercise of this power, to interfere with Osborn v. United States Bank. O Wh. 874-5. See ('nited States v. the functions of subordinate officers further than to remove them Ortega, 11 Wh. 467, United States r. Kavara, 2 Dall. 207. for any perlect or abuse of their official trust. 5 lbid. 287. But (r) The recognition of the executive of the United States is where combinations exist among the citizens of one of the states conclusive as to the public character of the party. Dupont o. to obstruct or defeat the execution of acts of congress, and the Pichon, 4 Dall. 321. United States 1. Ortega, 4 d. C. 531. question of the constitutionality of such laws is made in suits (8) This embraces what was known and understood in the against a marshal of the Unitei States, the president is justified United States, as the admiralty and maritime jurisdiction, at the in assuming bis defence on behalf of the United States. 6 Ibid. time when the constitution was adopted. Genesee Chief v. Fitz2:20, 500.

hugh, 12 Ilow. 413. New Jersey Steam Navigation Co. *. Mer (e) A senator or representative in congress is not such civil chants' Bank, 6 Ibid. 344. Waring r. Clark, 5 llil 441. Tuuno officer. Blount's Trial, 22, 102. Whart, St. Tr, 260, 316. 1 Story 0. The Betsina, 5 Am. L. R. 408. The luntress. Dareis, 83. The Con t. 2 793, 802. Nor is a territorial julge, not being a consti- jurisdiction of the admiralty courts in this country, at the time tutional but a legislative officer only. 3 Opin. 409.

of the revolution, and for a century before, was more extensive (g) No previous statute is necessary to authorize an inpeach- than that of the birh court of admiralty in England. Ilid. ment for any official misconduct. What are, and what are not This jurisliction extends to the navirable lakes and rivers of the hich crimes and misdeineanors, is to be ascertained by a recurrence United States, without regard to the ebb and How of the tides of to the rules of the common law. I Story Const. 2 799. For the the ocean. Genesee Chief 2. Fitzhu ch. 12 IIow. 413. It embraces rules of proceedings prescribed in cases of impeachment; see all maritime contracts, wheresoever the same may be made or Peck's Trial, 56-9.

executed, and whatever may be the form of the stipulations; and (k) The jurisdiction of the courts of the United States, depends also all torts and injuries committed upon waters within its jurisexclusively on the constitution and laws of the United States. diction. De Lovio . Beit, 2 Gall. 398. Gloucester Ins. Co. n. Livingston r. Jefferson, 1 Brock. 203. See American Insurance Youn ger. 2 Curt. C. C. 322. Philadelphin 911 lavre de Grace Co. o. Canter, 1 Pet. 511. 1 Curt. Comin. 24. United States v. Tow-Boat Cor. Philadelphin, Wilmington and Baltimore Railroad Drenner, lleinp. 320. United States v. Alberty, Ibid. 41.

Co., 5 Am. L. R. 280. Ali crimes and offences against the laws of (i) Congress having the power to establish inferior courts, must the United States. Corfield r. Coryell, 4 W.C. C. 371. United as a necessary consequence have the right to define their respec- States v. Bevans. 3 Wh, 336. And all cases of seizures for breaches tive jurisdictions. Shokon v. Sill, 8 Hlow. 418-9. See Osborn v. of the revenue laws, and those made in the exercise of the richts United States Bank, 9 Wh. 738.

of war.

The Vengeanco, 3 Dall. 297. The Sally. 2 Cr. 406. The (k:) Courts in which the judges hold their offices for a specific Betsey, # Ibid. 143. The Samuel, 1 Wh. 9. The Octavia, Ibid. 20. number of years, are not constitutional courts, in which the judi- New Jersey Steam Navization Co. v. Merebants' Bank, 6 How. cial powers conferred by the constitution can be deposited. Ameri- 314. Another class of casos in which jurisdiction bas always can Insurance Co. o. Canter, 1 Pet. 511, 516.

been exercised by the admiralty courts in this country, but which (1) This prohibits the imposition of a tax upon a judge's salary. is denied in England, are suits by ship-carpenters and materialCommonwealth v. Mann, 5 W. & S. 115.

men, for repairs and necessaries made and furnished to ships, (m) A * case” arises, within the meaning of the constitution, whether foreign, or in the port of a state to which they do not whenever any question respecting the constitution, laws, or belong, or in the home port, if the municipal laws of the state treaties of the United States, has assumed such a form, that the give a lien for the work and materials, Gardner ». The New judicial power is capable of acting on it. Osborn v. United States Jersey, 1 Pet. Adm. 227. Stovons r. The Sandwich, Ibid. 233, n. Bank, 9 Wh. 819.

Zane . The Brix Presiilent, 4 W.C.C. 453. The Ship Robert (n) By "cases in law,” are to be understood suits in which legal Fulton, 1 l'aine. 6:20. Davis v. A New Brig. Gilp. 473. The Genrights aro to be ascertained and determined, in contradi-tinction eral Smith, 4 Wh. 439. The St. Jago de Cuba. 9 Ibid. 409. Peyto those where equitable rights alone are recognised, and equi- roux v. Joward, 7 l'et. 324. New Jersey Stram Navigation Co. table remedies alininistered: or where the proceeding is in the 1. Merchants' Bank, 6 Ilow. 390. Wick v. The Samuel Strong, 6 adıniralty. Parsons v. Bedford, 3 Pet. 447. Robinson v. Camp. MeLean, 590. bell, 3 Wh. 212.

the supreme those in which a state shall be party,(?) the supreme court shall have original juris

court. diction.(m) In all the other cases before mentioned, (n) the supreme court shall have appellate jurisdiction, both as to law and fact, with such exceptions and under such regulations as the congress shall make.

3. The trial of all crimes, except in cases of impeachment, shall be by jury;(0) and Trial for rimea such trial shall be held in the state where the said crimes shall have been committed; hut when not committed within any state, the trial shall be at such place or places is the congress may by law have directed.

Sect. III. 1. Treason against the United States shall consist only in levying war Treasın. against them, (p) or in adhering to their enemies, giving them aid and comfort. No person Witvesses, shall be convicted of treason unless on the testimony of two witnesses to the same overt act,(q) or on confession in open court.

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

ARTICLE IV. Sect. I. Full faith and credit shall be given in each state to the public acts, records, State records, &c. (a) Congress never having authorized suits to be brought is founded upon the conflicting grants of different states, the against the United States, no such action can be commenced or federal courts have jurisdiction, whatever may have been the prosecuted. Cobens v. Virginia, 6 Wh. 411-12. See Murray's prior equitable title of the parties, Colson o. Lewis, 2 Wh. 377. Lussee v. Hoboken Land and Improvement Co., 18 How. 283. But (9) An Indian tribe, or nation, within the United States, is not this does not prevent the exercise of appellant jurisdiction, to a “foreign state," within the meaning of this clause. Cherokee obtain by writ of error a reversal of a judzment which has been Nation 1. Georgia, 5 Pet. 1. rendered in favor of the United States. Ibid. Nor does it pre- (h) If the party to the record be an alien, he is within this clude individuals, when sued by the United States, from availing clause, whether he sue in his own right, or as trustee. if be haro themselves of credits or set ofis against the United States. United a substantive interest as a trustee. Chappelelaine u. Dechenaux, States t. Bank of the Metropolis, 15 let. 392. See act 24 February 4 Cr. 300. And if the nominal plaintiff, although a citizen, sus 1855, erecting the Court of Claims. 10 Stat. 612.

for the use of an alien, who is the real party in interest, the casa (6) This includes a suit brought by one state against another, is within the jurisdiction. Browne v. Strode, 5 Ibid. 303. A foreign to determine a question of disputed boundary. Rhode Island v. corporation is an alien for this purpose. Society for Propagating Mossachusetts, 12 Pet. 657. This clause only applies to those Gospel v. Town of New Haven, 8 Wh. 464. But in all these cases states that are members of the Union, and public bodies, owing the opposite party must be a citizen, and this must appear from obedience and conformity to its constitution and laws. Scott 0. the record. Jackson v. Twentymun, 2 Pet. 136. A mere declaraJones, 5 low. 377. And a state is within the operation of this tion of intention to become a citizen, under the naturalization clause only when it is a party to the record, as a plaintiff or de- laws, is not sufficient to prevent an alien from being regarded as fendant, in its political capacity, Osborn v. United States Bank, a foreign subject within the meaning of this clause. Baird v. 9 Wh. 738. 1 Curt. Comm. 03.

Byre, 3 Wall. Jr. (c) See Pennsylvania r. Wheeling and Belmont Bridge Co., 13 O See ante 8, note (?) and (r). IIow. 518. The 11th article of the amendments, has forbidden (k) A state court has no jurisdiction of a suit against a consul; suits by indisidual citizens against the states.

and whenever this defoet of jurisilietion is suggested the court (d) This cause does not embrace cases where one of the parties will quash the proceedings. It is not necessary that it should lo is a citizen of a territory or of the District of Columbia, Hepburn by plea before genernl imparlance. Mundhardt . Soulerstrom, 1 r. Ellzev, 2 Cr. 415. Corporation of New Orleans y. Winter, 1 Wh. Binn. 138. Davis r. Packard. 6 Pet. 41. Comın onwealth r. Kostoit, 91. Citizenship, when spoken of in the constitution, in reference 5 S. & R. 545. Griffin v. Dominguez, 2 Duer, 636. A consul may, to the jurisdiction of the federal courts, meang nothing more than however, be summoned as garnishee in an attachment from a residence. Lesses of Cooper r. Galbraith, 3 W. C. C. 546. Gassies state court. Kidderlin v. Meyer, 2 Miles, 242. The jurisdiction r. Pallon, 6 Pet. 761. Shelton v. Tiitin, 6 How. 163. Lessee of of the supreme court in suits against consuls, although original is Butler v. Farnsworth, 4 W. C. C. 101. But a free negro of the not exclusive of the circuit courts. Graham v. Stucken, Circuit African race, whose ancestors were brought to this country and Court, S. District, New York, 27 April 1857, Nelson, J. Bold as claves, is not a citized within the ineaning of the constitu- (1) The circuit courts have no juris liction of a cause in which a tion, nor entitled to sue in that character in the federal courts. state is a party. Galo v. Babcock, 4 W. C. C. 199; 6. c. Ibid. st. Drei Scott 2. Sandford, 19 IIow, 393-4. A corporation created by, (m) In those cases in which original jurisiliction is given to the and transacting business in a state, is to be deemed an inhabitant supreme court, founded on the character of the parties, the jndi. of the state, capable of being treated as a citizen, for all purposes cial power of the United States cannot be exercised in its appl. of suing and being sued. Louisville Railroad Co. v. Letson, 2 lant form. Osborn v. United States Bank, 9 Wh. 820. But if a Ilow. 497. Marshall 1. Baltimore and Ohio Railroad Co., 16 Ibid. case draws in question the laws, constitution or treaties of the 311. Wheren v. Camden and Amboy Railroad Co., 4 Am. L. R. United States, though a state be a party, the jurisdiction of the 298. The ju liciary act confines the jurisdiction, on the ground federal courts is appellant; for in such case, the jurisdiction is of citizenship, to cases where the suit is between a citizen of a founded, not upon the character of the parties, but upon the state where the suit is brought, and a citizen of another state; nature of the controversy. Cohens o. Virginia, 6 Wh. 392. Jar. and, although the constitution gives a broader extent to the judi- tin t. llunter's Lessee, I \'h. 37. cial puwer, the actual jurisdiction of the circuit courts is governed (n) Congress has no power to confer original jurislirtion on the by the act of congress. Moifat v. Soley, 2 laine, 103. Hubbard supreme court in other cases than those enumerated in this rec

Northern Railrond Co., 25 Verm. 715. (But sce act 28 February tion. Marbury v. Madison, 1 Cr. 137. In the matter of Metzger, 1439, post, “ Abatement.” 2.) So too. in the same act, there is an 5 How. 176, 191-2. In re Kaine. 11 Hlow. 119. exception, that where suit is brought in favor of an assignee, there (0) Thig does not constitute them juures of the law in criminal shall be no jurisdiction. unless suit could have been brought in cases. United States v. Morrir, 1 Curi. C. C. 23. 49. United States . the courts of the United States, hd po as igument been maile; Shive, Bald. 510. United States r. Battiste, 2 Sumn. 210. And see this is a restriction on the jurisdiction conferred by the constitu- Townsend v. The State, 2 Blackf. (Ind.) 152. Pierce v. The Stato, tion; and yet, this provi-ion has been sustained by the supreme 13 N. H. 536. Commonwealth r. Porter, 10 Met. 263. Conmin. court, since its organization. Assignee of Brainard v. Williams, wealth v. Sherry, Wharton on Homicide, 491. It only emlares 4 McLean, 122. Sheldon v. Sill. 8 How. 441. The constitution has those crimes which by former laws and customs had been tried defined the limits of the judicial power, but has pot prescribed by jury. United States v. Duane, Wall. 100. how much of it shall be exercised by the circuit courts. Tur (9) There must bo an actually levying of war; a conspiracy to ner o. Bank of North America, 4 Dall. 10. Miclatyre v. Wood, 7 subvert the government by force is not treason; nor is the mere Cr. 506. Kendall v. United States, 12 Pet. 616. Cary v. Curtis, enlistment of men, who are not asembled, a levying of war. 3 How. 245. It is well understood, by those experienced in the Ex parte Bolman, 4 Cr. 75. United States v. Hanway, 2 Wall. Jr. jurisprudence of the United States, that congress has conferred 140. Ibid. 136. 4 Am. L. J. 83. And no man can be convicted upon the federal courts but a portion of the jurisdiction contem- of treason who was not present when the war was leviei. 2 plated by the constitution. Clarke v. City of Janesville, 4 Am. Burr's Trial, 401, 439. L. R. 593.

(9) This, it seems, refers to the proofs on the trial, and not to the (c) Cases of grants made hy different states are within the juris preliminary hearing before the committing magistrate, or the prodictíc n, potwithstanding one of the states, at the time of the first ceeding before the grand inquest. 2 Wall. Jr. 138. 1 Burr's grant, was part of the other. Town of Pawlet r. Clark, 9 Cr. 292. Trial, 196. Lut see Fries's Trial, 14. Wbart. St. Tr. 480. It is the grant which passes the legal titlo, and if the controversy


Fugitives from ustice.

Art. 4. Sect. 1. and judicial proceedings of every other state.(a) And the congress may, by general

laws, prescribe the manner in which such acts, records and proceedings shall be proved,

and the effect thereof.(1) Privileges of citi Sect. II. 1. The citizens of each state (c) shall be entitled to all privileges and immu

nities (d) of citizens in the several states.

2. A person charged in any state with treason, felony or other crime,(e) who shall flee from justice, and be found in another state, shall, on demand of the oxecutive authority of the state from which he fled,(9) be delivered up, to be removed to the state having

jurisdiction of the crime.(h)
Fugitives from 3. No person held to service or labor (i) in one state, under the laws thereof,

escaping into another, (k) shall, in consequence of any law or regulation therein, be dis-
charged from such service or labor, but shall be delivered up (1) on claim of the party to
whom such service or labor may be due.(m)

Sect. III. 1. New states may be admitted by the congress into this Union :(n) but no
new state shall be formed or erected within the jurisdiction of any other state; nor any
state be formed by the junction of two or more states, or parts of states, without the
consent of the legislatures of the states concerned, as well as of the congress.

2. The congress shall have power to dispose of (o) and make all needful rules and regu


New states.


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(a) A judgment of a state court has the same credit, validity the matter of Clark, 9 Wend. 221. Commonwealth v. Daniels, 8
and effect. in every ether court within the United States, which Peno. L. J. 428. Haywari's Case, 1 Am. J. J. 2:31.
It had in the state where it was rendered. Ilampton v. McCon- (9) A fugitive from ju-tice may be arrested and detained until
nel, 3 Wh. 234. Sarchet r. The Sloop Davis. Crabbe 185. And it a formal requisition can be made by the proper authority. Com-
matters not that it was commenced by an attachment of property, monwealth v. Deacon, 10 S. & R. 135. Dows Case, 6 Harris, 39.
if the defendant afterwards appeared and took defence. Mayhew Iu the inatter of William Fetter, 3 Zabr. 311.
r. Thatcher, 6 Wh. 129. Such judgments, as far as the court ren- (h) The alleged crime must have been committed in the stato
dering thein had jurisdiction, are to bave in all courts full faith from which the party is claimed to be a fugitive; and he must be
and credit, in which the inerits of the judgment are never put actually a fugitive from that state. Ex parte Joseph Smith, 3
in issue with the qualification, that it appears by the record that McLean, 133. Hayward's Case, 1 Am. L. J. 231. In the matter
the party had notice. Benton v. Bergot, 10 S. & R. 212. They of William Fetter, 3 Zabr. 311.
have not, however, by the act of congress, full power and conclu- (i) This includes apprentices. Boaler v. Cummines, 1 Am. L. R.
sive effect, but only such effect, as they possessed in the state 654.
whence they were taken. Green v. Sarmiento, 3 W. C. C. 17. (k) This does not extend to the case of a slave voluntarily car-
Bank of the State of Alabama v. Dalton, 9 IIow. 528. And there- ried by his master into another state, and there leaving him under
fore, whatever pl as would be good therein, in such state, and the protection of some law declaring him free. Butler r. Hopper,
Done others, can be pleaded in any other court within the United 1 W.C.C. 199. Vaughan ". Williams, 3 Melean, 530. liene's
States, Hampton v. McConnel, 3 Wh. 23+. Mills v. Duryee, 7 Case, 1 Western Legal Observer, 14. Slavery is a municipal
Cr. 454. Thus, it would be competent to show that the judgment regulation; is local; and cannot exist without authority of law.
was obtained by fraud; or that the court rendering it had no Miller r. McQuerry, 5 MeLean. 469. But the question, whether
jurisdiction. Warren Manufacturing Co, v. Etna Insurance Co., slaves are made free by going into a state in which slavery is not
2 Prine, 502. Steel Smith, 7 1. & S. 447.

tolerated, with the permission of their master, is purely one of local
(b) See act 26 May 1790. 1 Stat. 122. The legislation of con- law, and to be determined by the courts of the state in which they
gross amounts to this--that the judgment of another state shail mny lo tound. Strader r. Girabam. 10 low. 82. Dred Scott
be record evidence of the demand, and that the defendant, when Sandford, 19 How. 396. See In the matter of Perkins, 2 Cal. 424.
Fued on the judgment, cannot go behind it and controvert the (1) It was formerly held that the president had no power to
contract, or other cause of action, on which the judgment is cause fugitive slaver, who had taken refuge among the Indian
founded; that it is evidence of an established demand, which, tribes, to be apprehended and delivered up to their owners. 3
standing alone, is conclusive between the parties to it. Bank of Opin. 370. But this has been since overruled, and it is now held
the State of Alabama v. Dalton. 9 Ilow. 528.

that such fugitive in the luian territory, being there rund:wfully, (c) This does not apply to corporations. Warren Manufacturing and as an intruder, is subject to arrest by the executive authority Co. v. Etpalosurance Co., 2 laine, 502. But see llolmes v. Nel- of the United States, and that if in such territory there le no son, Phila. R. 218-19. Since the adoption of the constitution, po conmissioner of the United States to aet, the claimant may prostate can, by any rubsequent law, make a foreigner, or any other ceed by rerupture without judicial process. 0 Opin. 302. description of persons, citizens of the United States, nor entitle (m) The owner of a slave is clothed with full authority, in them to the rights and privileges secured to citizens by that in- every state of the Union, to seize and recapture his slave, when strument. Dred Scott Sandford, 19 How. 393.

ever he can do it without a breach of the peace or any illegal (d) This is confined to those privileges and immunities which violence. Prigg r. Pennsylvania, 16 Pet. 539. But it is under the are in their nature, funılamental; which helong, of right, to the constitution and acts of congress only, that the owner of a slave citizens of all free governments; and which have, at all times, has a right to reclaim him in a state where slavery does not exist. bren enjoyed by the citizens of the several states which compose There is no principle in the common law, in the law of nations, this Union, from the time of their becoming free, independent or of nature, which authorizes such a recaption. Giltner r. Gor and sovereign. They may be all comprehended under the follow. ham, 4 MeLean, 102. The constitution bowever recognises slaves ing general heads : protection by the government; the enjoyment as property, and pledges the federal government to protect it. of litu sund liberty, with the right to acquire and possess priperty Dred Scott v. Sandird. 19 How. 37. A statute which punishes of every kind, and to pursue and obtain happiness and safety; the harboring or secreting a fugitive slave, is not in conflict with sulject nevertheless to such restraints as the government may the constitution or laws of the United States. Moore t'. Illinois, justly prescribe for the general good of the whole. The right of 14 low. 13. Nor does the constitution exempt fugitive slaves å citizen of one state to puss through, or to reside in any other from the penal laws of any state in which they may nappen to be. state, for purposes of traile, agriculture, professional pursuits or Commonwealth r. Holloway, 3 S. & R. 4. otherwise; to claim the benefit of the writ of habeas corpus; to (n) The territorial legislatures cannot, without permission from institute and maintain actious of any kind in the courts of the congress, pass laws authorizing the formation of constitutions state; to take, hol and dispose of property, either real or per. and state governments. All measures conimeuced and prosecuted fonal; and an exemption from higher taxes or impositions than with a design to subvert the territorial government, and to are paid by the other citizens of the state; may be mentioned as establish and put in force in its place a new government, withont come of the particular privileges and immunities of citizens, the consent of congress, are unlawful. But the people of any which are clearly embraced by the general description of privi- territory may peau cably meet together in primary assemblies or legis deemed to be t'uudamnental; to which may be added, the in conventions chosen by such assemblies, for the purpose of elective franchise. as regulated and established by the laws or potitioning congress to alongate the territorial government, and constitution of the sinta iu which it is to be exercised. Curfield to admit them into the Union as an independent state, and if they v. Coryell, 4 W. C. C. 390-1. And to this clause of the constitu- accompany their petition with a constitution fromed and agreed tion, it seems, may be properly referred the right which, it has on by their primary assemblies, or by a convention of delegatea been asserted, is possessed by a citizen of one state to pass freely chosen by such asseblies, there is no objection to their power to with his slaves through the territory of another state, in which do so. nor to any measures which may be taken to collect the the institution of slavery is not recognised. United States v. geuse of the people in respect to it; provided such measures be Williainson, 4 Am. L. R. 19. See The People r. Lemmon. 5 Law prosecuted in a peaceable manner, in subordination to the exist. Rep. 486, contra. It does not embrace privileges conferred by the ing government, and in subserviency to the power of congress to local laws of a state. Conner v. Elliott, 18 How, 591. Such as acopt, reject or disregard thein, at ibeir pleasure. 2 Opin. 726, the rights of representation or electira. Murray v. McCarty, 2 (O) The power of congress to dispose of” the public lands, is Munf. 393.

not limited to making sales, they may be leased." United States (e) It is not necessary that the crime charged should constitute v. Grntiot, 1 Meltau, 454. s. c., 14 l'et. 526. 4 Opin, 487. But an offence at the common law. In the matter of William Fetter, no property belonging to the United States can be disposed of 3 Zabr. 311. It is an uch that it is a crime against the laws of except by the authority of an act of congress. United States v. the state from which he deu. Johnson v. Riley, 13 Goo. 97. In Nicoll, 1 Paine, 616.

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