of the congress. No state shall, without the consent of congress, lay any duty on tonnage, keep troops or ships of war in time of peace, enter into any agreement or compact with another state, (5) or with a foreign power, or engage in war, unless actually invaded, or in such imminent danger as will not admit of delay.

ARTICLE II.

SECT. I. 1. The executive power shall be vested in a president of the United States of America.(r) He shall hold his office during the term of four years, and, together with the vice-president, chosen for the same term, be elected as follows:

2. Each state shall appoint, in such manner as the legislature thereof may direct, a number of electors, equal to the whole number of senators and representatives to which the state may be entitled in 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. 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. [Annulled. See Amendments, Art. 12.]

4. 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.

5. 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; 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, 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.(y)

(5) Poole et al. v. Fleegor et al. 11 Peters's R. 185, 209, &c.

(2) See the remarks of Washington, J. in Lockington v. Smith, 1 Peters's R. 466, 471.

(y) Act of Cong. Mar. 1, 1792, c. 109, 2 vol. 253.

7. 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.

8. Before he enter on the execution of his office, he shall take the following oath or affirmation :

9. "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 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 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 (3) 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, 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.(z)

3. 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. (b)

SECT. III. 1. 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 the laws be faithfully executed; and shall commission all the officers of the United States.(z)

SECT. IV. 1. The president, vice-president, and all civil officers(aa) 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.

SECT. I. 1. The judicial power of the United States shall (bb) be vested in one supreme court, and in such inferior courts as the congress may, from time to time, (cc) ordain and establish.(1) The judges, both of the supreme and

(3) See U. S. v. Geo. Wilson, 7 Peters's R. 150.

(z) See Marbury v. Madison, sec. of state of U. S.; 1 Cranch, 137. The constitution is understood to declare, that all officers of the U. States, except in cases where the constitution itself may otherwise provide, shall be established by law. The U. S. v. Maurice et al. 2 Brock. R. 96, 101. And appointments to office can be made by the heads of department, in those cases only which congress has authorized by law. Ib. 108.

(b) As to the president's power to remove-See Madison's speech, first cong.; The Com. ex rel. Reynolds v. Bussier, 5 Serg. and Raw. 451, 461.

(aa) See ante, note (d.)

(bb) Martin v. Hunter's Lessee, 1 Wheat. 304, 330-1.

(cc) See the debates on the repeal of the act of cong. Feb. 13, 1801.

(1) By the constitution, the judicial power of the United States is vested in the sup. court, and the superior courts to be ordained

inferior courts, shall hold their offices during good behaviour;* and shall, at stated times, receive for their services a compensation which shall not be diminished during their continuance in office.

SECT. II. 1. The judicial power shall extend(dd) 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;(a) to all cases of admiralty and maritime(4) jurisdiction; to controversies to which the United States shall be a party; to controversies between two or more states, (2) between a state and citizens of another state, between citizens of different states, (6) 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. [See Amendments, Art. 11.]

2. In all cases affecting ambassadors, other public ministers and consuls, (ee) and those in which a state shall be a 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.(ff)

3. The trial of all crimes, except in cases of impeachment, shall be by jury, and such trial shall be held in the state where the said crimes shall have been committed; but when not committed within any state, the trial shall be at such place or places as the congress may by law have directed.

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

2. The congress shall have power to declare the punishment of treason;(1) but no attainder of treason shall work corruption of blood, or forfeiture, except during the life of the person attainted.

and established by congress. The state courts have, therefore, no right to exercise that judicial power. The penal laws of a foreign country cannot be enforced in our courts; though contracts entered into in a foreign country will be enforced here according to the lex loci.-The same principle prevails with respect to the penal laws of congress, which cannot be carried into effect in our state courts-they not having any of the judicial power of the U. States. Therefore, a pecuniary penalty inflicted by act of congress, on one who violates their revenue acts, though to be recovered by debt qui tam cannot be recovered in a state court that penalty being a punishment for an offence against the U. S.; and the law which inflicts it a penal law. Jackson v. Rose, Genl. Ct. Nov. T. 1815, 2 Virg. Cas. 34; 9 vol. Niles's W. Reg. Supp. p. 173, S. C.; and see Com. v. Feely, 1 Virg. Cas. 321; U. S. v. A. Campbell, Ohio C. P. cor. J. Tappan, 6. Hall's L. Journ. 113; U. S. v. Lathrop, 17 Johns. R. 4, 261-accd. and Ely v. Peck, 7 Day's Con. R. 239; Davison v. Champlin, Ib. 244.

See Harcourt v. Fox, 1 Show. Reps. 426.

(dd) See Hunter v. Martin, 4 Munf. 1; and for arguments of counsel, 6 Hall's L. Journ. 264; 1 Wheat. 304, S. C.; Cohens v. State of

Virginia, 6 Wheat. 264, 405; Hampden's Letter, 4th; Worcester v. State of Georgia, 6 Peters, 515.

(a) The State v. De La Foret, 2 Nott and M'Cord, 217- -as to the jurisdiction of the state courts on criminal charges; and Marmardt v. Soderstrom, 1 Binn. 138, in civil suits; and Davis v. Packard et al. 6 Peters U. S. S. C. 41; and 7 Peters's R. 276; 10 Wendell, 50.

(4) See U. S. v. Coombs, 12 Peters 72, 76-7.

(2) See State of New Jersey v. State of New York, 5 Peters 284; Rhode Island v. Mass. 12 Peters 657, 755.

(6) See act to establish the judicial courts of the United States-Appd. Sep. 24, 1789, § 12, 2 vol. Law U. S. p. 61; Brown v. Crippin & Wise, 4 H. & M. 173; Gibson v. Johnson, 1 Peters's C. C. R. (1st series) p. 44; Williams v. Price, 5 Munf. 607.

(ee) Com. of Penn. v. Kosloff, 5 Serg. and Raw. 545; and Davis v. Packard et al. 7 Peters's R. 276.

(f) Act of Cong. Sep. 24, 1789, c. 20, 2 vol. 56, and note, p. 71.

(gg) U. S. v. Burr, 4 Cranch, App, note B. 470; and Ex parte Bollmann and Swartwout, 75-126.

(1) The people v. Lynch, 11 Johns. R. 553.

ARTICLE IV.

SECT. I. 1. Full faith and credit shall be given in each state to the public acts, records, and judicial proceedings of every other state. And the congress may, by general laws, prescribe the manner in which such acts, records and proceedings, shall be proved, and the effect thereof.(hh)

SECT. II. 1. The citizens of each state shall be entitled to all privileges and immunities of citizens in the several states. (ii)

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

3. No person held to service or labour in one state, under the laws thereof, escaping into another, shall, in consequence of any law or regulation therein, be discharged from such service or labour; but shall be delivered up on claim of the party to whom such service or labour may be due.(kk)

SECT. III. 1. New states may be admitted by the congress into this Union: 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, and make all needful rules and regulations respecting the territory or other property belonging to the United States; and nothing in this constitution shall be so construed as to prejudice any claims of the United States, or of any particular state.

SECT. IV. 1. The United States shall guarantee to every state in this Union a republican form of government, and shall protect each of them against invasion; and on application of the legislature, or of the executive, (when the legislature cannot be convened,) against domestic violence.

ARTICLE V.

1. The congress, whenever two thirds of both houses shall deem it necessary, shall propose amendments to this constitution; or, on the application of the legislatures of two thirds of the several states, shall call a convention for proposing amendments, which, in either case, shall be valid to all intents and purposes, as part of this constitution, when ratified by the legislatures of three fourths of the several states, or by conventions in three fourths thereof, as the one or the other mode of ratification may be proposed by the congress: provided, that no amendment which may be made prior to the year one thousand eight hundred and eight, shall in any manner affect the first and fourth clauses in the ninth section of the first article: and that no state, without its consent, shall be deprived of its equal suffrage in the senate.

ARTICLE VI.

1. All debts contracted and engagements entered into, before the adoption of this constitution, shall be as valid against the United States under this constitution, as under the confederation.

2. This constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties(1) made, or which shall be made, under

in the absence of a bill of sale. Verdict for pltf., $4000 damages. See charge at large in Poulson's paper, No. 27, 606, May 21st, 1833; 1 Baldwin 577. And see Jack v. Martin, 12 Wend. 311; 14 Wend. 507, S. C. See an article on this subject 17 vol. Am. Jurist, p. 94.

The judge or magistrate has no power to issue a warrant to arrest the fugitive, or to commit after the examination is over, and the certificate granted. The whole power is to examine, decide, and grant or refuse the certificate. Though the judge or magistrate may commit de die in diem, pending the examination. Worthington v. Preston, 4 Wash. C. C. R. 461.

The act of congress respecting fugitives owing service and labour, does not apply to slaves brought by their masters from one state to another, who afterwards escape, or refuse to return. Ex parte Simmons, 4 Wash. C. C. R. 396, and Butler v. Hooper, 1 Wash. 495. See correspondence between the executive of Virginia and the executive of New York, relative to the demand by the lieu

tenant governor of Virginia upon the governor of New York, for the surrender of three fugitives from justice, communicated to the general assembly of Virginia by the governor in his message at the session 1839-40. Journal of the house of delegates, doc. 1, p. 31-43. See also, resolutions adopted by the general assembly of Virginia thereupon, March 17, 1840, in which the subject is ably considered. Acts of Va. 1839-40, p. 155.

(1) "A treaty is in its nature a contract between two nations, not a legislative act. It does not generally effect of itself the object to be accomplished, especially so far as its operation is infra-territorial; but is carried into execution by the sovereign power of the respective parties to the instrument. In the United States a different principle is established. Our constitution declares a treaty to be the law of the land. It is, consequently, to be regarded in courts of justice, as equivalent to an act of the legislature, whenever it operates of itself without the aid of any legislative provision. But when the terms of the stipulation import a