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Construc

tion of constitution.

Powers re

served to the

states.

Restriction of judicial

powers.

Mode of electing the Presi

the United

States.

ARTICLE IX.

The enumeration in the constitution of certain rights shall not be construed to deny or disparage others retained by the people.

ARTICLE X.

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 following amendment was proposed at the second session of the third Congress. It is printed in the Laws of the United States, 1st vol. p. 73, as article 11.]

ARTICLE XI.

The judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by citizens of another state, or by citizens or subjects of any foreign state.

[The three following sections were proposed as amendments at the first session of the eighth Congress.

They are printed in the Laws of the United States as ARTICLE TWELVE.]

ARTICLE XII.

1. The electors shall meet in their respective states, and vote, by dent and Vice- ballot, for President and Vice-President, one of whom, at least, shall President of not be an inhabitant of the same state with themselves; they shall name, in their ballots, the person voted for as President, and in distinct ballots the person voted for as Vice-President; and they shall make distinct lists 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 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 choose immediately, by ballot, President 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.

2. 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 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.

Vice-Presi

dent.

3. But no person constitutionally ineligible to the office of President I. shall be eligible to that of Vice-President of the United States.

[In the edition of the Laws of the United States before referred to there is an amendment printed as article 13, prohibiting citizens from accepting titles of nobility, or honor, or presents, offices, &c., from foreign nations. But by a message of the President of the United States, of the 4th of February, 1818, in answer to a resolution of the House of Representatives, it appears that this amendment had been ratified only by twelve states, and therefore had not been adopted. See vol. v. of the printed papers of the 1st session of the 15th Congress, No. 76.]

55*

INDEX TO VOLUME FIRST.

[THE FIGURES REFER TO THE MARGINAL PAGES.]

A.

Abridgments of the law, 507, 508.
Absolute rights, ii. 1.

of personal safety, ii. 12.
of personal character, ii. 16.
of personal liberty, ii. 26.
of religious liberty, ii. 34.
Acts of Congress and of Legislature, (see
Statutes.)

Adjudications, force of, 473, 477, 478.
Admiralty Courts, when to proceed in rem
as to prize, 359.

criminal jurisdiction of, 360–364.
nature of proceedings in criminal

cases, 364.

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have jurisdiction of cases of forfeit- Alliance, offensive and defensive, force of,

ure and seizure, 375, 376.

as instance courts, 378-380.
as prize courts, 355-378.
(See Admiralty Jurisdiction.)

forms of writs and other process in,
380 and n. (c).
Admiralty jurisdiction, (see Admiralty
Courts.)

in prize cases, 356.

as to prize made on shore, 357, 358.
when lost as to prize, 358, 359.
in criminal cases, 360, 363, 364, 371,
372.
when it attaches, 361, 363, 365,

notes.
how distinguished from common
law, 365, 371, notes.
of maritime causes and contracts,
367-378.

history of, traced, 366-368.
in cases of general average and sal-
vage, 369 note, 370, 371, 372.
none to enforce specific performance
of contracts, 370 ns. (d) and (1).
of charter-parties, 370, 371.
what are civil cases of, 375, 376.
is exclusive, 377.

in cases of mortgage of ships, 371
note, 372 note.

as to matters partly on sea and
partly on land, 378.
of maritime hypothecations, 378.

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when suspended, 38.
grades of, 39.

binding acts of, 40, 41.
Animus manendi, 76, 77.
Annexation of territory by Congress, 258.
Appeal, in criminal cases, 325.
Armed neutrality, the, 126, 153, 154.

accession of England to principles
of, 128 n. (1).
Arming, in neutral ports, 122.
Arms of the sea, 26, 29.
Arrest, by sergeant-at-arms, 236

by deputy of, 236 n. (2).
Articles of confederation, 210.
Assignee, right of, to sue in federal courts,
Attachment, in rem, 261 note.

349.

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Cessio bonorum, what, 422.
Cession of territory, 177.

possession necessary to complete,
177.

laws, municipal, how affected by,
178 n. (a), 474 note.
state not bound to indemnify for
loss by, 178.
S., 384 n. (e).

in places ceded to U.
Chancery, reports in, 489.
Chivalry, its influence, 11.
Circuit Courts, organization and power of,
301, 302.
jurisdiction of, 302, 303.
jurisdiction of, not lost by change
of domicil, 350.

Citizens, domiciled abroad, 74, 75.

may not engage in foreign war, 100.
effect of war upon, 94.

rights of defence, 94, 95.
not to cruise against friendly pow

ers, 100.
may not sue a state in courts of
U. S., 297.
not to cruise without commission,
95, 96.
not to cruise against their own
country, 191.

Civil law, the, 515, 516.

early Roman law, 516.
twelve tables, 520.
prætorian law, 528.
responsa prudentum, 530.
Cicero, 530-532.

age of Augustus, 532, 533.
Papinian, Ulpian, Paulus, &c., 535.
Theodosian Code, 537.
Tribonian, 537.

corpus juris civilis of Justinian, 538.
the Code, 538.

the Institutes, 538.
the Digests, 539.
the Novels, 542.

disturbed by barbarian invasions,

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