[*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 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 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 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.t]

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.§

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;

* Vide amendments, art. xii.

This clause is annulled. See amendments, art. xii.

See laws United States, vol. ii., chap. 104, sect. 1; also law 28th Congress. § See laws United States, vol. ii., chap. 109, sect. 2.

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.

*

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 be removed, or a president shall be elected.t

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.

Before he enter on the execution of his office, he 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. 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 wri

* See laws United States, vol. ii., chap. 104, sect. 11.

† See laws United States, vol. ii., chap. 109, sect. 9; and vol iii. chap. 403. The act of the state of Pennsylvania, of the 28th March, 1814 (providing, sect. 21, that the officers and privates of the militia of that state neglecting or refusing to serve when called into actual service, in pursuance of any order or requisition of the president of the United States, shall be liable to the penalties defined in the act of Congress of 28th February, 1795, chap. 277, or to any penalty which may have been prescribed since the date of that act, or which may hereafter be prescribed by any law of the United States, and also providing for the

ting, 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 for offences against the United States, except in cases of impeachment.

He shall have power, by and with the advice and consent of the senate, to make treaties, provided two thirds 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.

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.

SECTION 3. He 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 of 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

trial of such delinquents by a state court-martial, and that a list of the delinquents fined by such court should be furnished to the marshal of the United States, &c.; and also to the comptroller of the treasury of the United States, in order that the further proceedings directed to be had thereon by the laws of the United States might be completed), is not repugnant to the constitution and laws of the United States.-Houston, vs. Moore, 5 Wheaton. 1, 12.

the laws be faithfully executed, and shall commission all the officers of the United States.

SECTION 4. The president, vice-president, and all civil officers of the United States, shall be removed from office on impeachment for, and conviction of, treason, bribery, or other high crimes and misdemeanors.

ARTICLE III.

SECTION 1. The judicial power of the United States, shall be vested in one supreme court, and in such inferior courts as the Congress may from time to time ordain and establish.* The judges, both of the supreme and inferior courts, shall hold their offices during good behavior, and shall, at stated times, receive for their services, a compensation, which shall not be diminished during their continuance in office.t

SECTION 2. The judicial power shall extend to all cases in law and equity, arising under this constitution, the laws of the United States, and treaties made, or which shall be made, under their authority;-to all cases affecting ambassadors, other public ministers and consuls ;-to all cases of admiralty and maritime jurisdictions;-to controversies to which the United States shall be a party;-to controversies between two or more states;-between a state and citizens of another state;-between citizens of different states,‡-between citizens of the same state claiming lands under grants of different states, and between a state, or the citizens thereof, and foreign states, citizens or subjects.§

* Congress may constitutionally impose upon the judges of the supreme court of the United States the burden of holding circuit courts.-Stuart vs. Laird, 1 Cranch, 299.

See laws of the United States, vol. ii., chap. 20.

A citizen of the District of Columbia is not a citizen of a state within the meaning of the constitution of the United States.-Hepburn et al vs. Ellzey 2 Cranch, 445.

§ The supreme court of the United States has not power to issue a mandamus

In all cases affecting ambassadors, other public ministers and consuls, and those in which a state shall be party, the supreme court shall have original jurisdiction. In all the other cases before mentioned, 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.*

to a secretary of state of the United States, it being an exercise of original jurisdiction not warranted by the constitution, notwithstanding the act of Congress.— Marbury, vs. Madison, 1 Cranch, 137.

See a restriction of this provision.-Amendments, art. xi.

*The appellate jurisdiction of the supreme court of the United States extends to a final judgment or decree in any suit in the highest court of law, or equity of a state, where is drawn in question the validity of a treaty, &c.-Martin vs. Hunter's lessee, 1 Wheaton, 304.

Such judgment, &c., may be re-examined by writ of error, in the same manner as if rendered in a circuit court.-Id.

If the cause has been once remanded before, and the state court decline or refuse to carry into effect the mandate of the supreme court thereon, this court will proceed to a final decision of the same, and award execution thereon.

Quere. Whether this court has authority to issue a mandamus to the state court to enforce a foriner judgment?—Id., 362.

If the validity or construction of a treaty of the United States is drawn in question, and the decision is against its validity, or the title specially set up by either party under the treaty, this court has jurisdiction to ascertain that title, and determine its legal validity, and is not confined to the abstract construction of the treaty itself.-Id., 362.

Quere. Whether the courts of the United States have jurisdiction of offences at common law against the United States ?-United States vs. Coolidge, 1 Wheaton,

415.

The courts of the United States have exclusive jurisdiction of all seizures made on land or water for a breach of the laws of the United States, and any intervention of a state authority, which by taking the thing seized out of the hands of the United States' officer, might obstruct the exercise of this jurisdiction, is illegal.-Slocum vs. Mayberry et al, 2 Wheaton, 1, 9.

In such a case the court of the United States have cognizance of the seizure, may enforce a re-delivery of the thing by attachment or other summary process.— Id., 9.

The question under such a seizure, whether a forfeiture has been actually incurred, belongs exclusively to the courts of the United States, and it depends upon the final decree of such courts, whether the seizure is to be deemed rightful or tortuous.-Id., 9, 10.

If the seizing officer refuse to institute proceedings to ascertain the forfeiture, the district court may, on application of the aggrieved party, compel the officer to proceed to adjudication, or to abandon the seizure.-Id., 10.

The jurisdiction of the circuit court of the United States extends to a case