two or more states; (b) between a state and citizens of another state; (c) between citizens of another state; between citizens of different states; (d) between citizens of the same state claiming lands under ment, Art. 11. grants of different states; and between a state, or the citizens thereof, and foreign states, (e) citizens or subjects. (ƒ) See amend 2. In all cases affecting ambassadors, other public ministers and Jurisdiction of consuls, and those in which a state shall be a party, the supreme court shall have original jurisdiction. (g) In all the other cases supreme court. 2. The above grant to the United States of all cases of admiralty and maritime jurisdiction, does not extend to a cession of the waters in which those cases may arise, or of general jurisdiction over the same. Congress may pass all laws which are necessary, for giving the most complete effect to the exercise of the admiralty and maritime jurisdiction above granted; but the general jurisdiction over the place, subject to this grant, adheres to the territory as a portion not yet given away, and the residuary powers of legislation still remain in the state.--U. States v. Bevens, 3 Wheat. 336. (b) A case which belongs to the jurisdiction of the Supreme Court, on account of the interest a state has in the controversy, must be one in which a state is, either nominally or substantially a party. It is not sufficient that a state may be consequentially affected.-Fowler, &c. v. Lindsey, 3 Dall. 411. 2. When a question of jurisdiction exists between different states of the Union, one state may file a bill in the Supreme Court against the other, praying to be quieted as to the boundaries of the disputed territories; and the court, in order to effectuate justice, may appoint commissioners to report those boundaries.--Ibid. Per Justice Washington. (c) See notes to 11th Amend. of Con. post. (d) A citizen of a territory cannot sue a citizen of a state in the courts of the U. States; nor can those courts take jurisdiction in consequence of other parties being joined, who are capable of being sued. All parties on each side must be subject to the jurisdiction.-New Orleans v. Winter, &c. 1 Wheat. 91. 2. Congress has power to give a District Court of the United States, established in a territory, jurisdiction over a case brought by or against a citizen of a territory, though he be not a citizen of a state. Sere v. Pitot, 6 Cranch, 332. 3. The constitution does not confer on the Federal Courts exclusive jurisdiction between citizens claiming under grants from different The act of congress made in pursuance of the above clause, does not authorize the party states. claiming under a grant from the state where the suit is pending, to remove the cause into the Federal Court, because his adversary claims under a grant from another state.-Shepherd's Heirs v. Young, 1 Mon. 204. (e) The Cherokee nation is not a foreign state in the sense in which the term "foreign state" is used in the above clause of the constitution. It may perhaps more properly be denominated a domestic dependent nation or state, capable of maintaining the relations of peace and war; of being responsible in its political character for any violation of its engagements, or for any aggression committed on the citizens of the U. States by any individual of its community. A bill filed in the Supreme Court on behalf of the nation, to restrain the state of Georgia from the forcible exercise of legislative power over it, cannot be sustained. of political power, not within the proper province of the judicial department.--The Cherokee Nation v. The State of Georgia, 5 Peters, 1. It is the exercise (f) The words of the 11th section of the act of Congress of 1789, giving the circuit courts cognizance of all suits of a civil nature, where an alien is party, were held to be confined to controversies between a state or a citizen of a state and aliens, agreeaby to the terms of the above clause of the constitution.-Mossman v. Higginson, 4 Dall. 12. Hodgson v. Bowerbank, 5 Cranch, 303. 2. The circuit court has no jurisdiction where both parties are aliens.-Ibid. 3. Congress cannot, by law, assign the judicial department any duties, but such as are of a judicial character; for example, appointing the judges of the circuit court to receive and determine upon claims of persons to be placed on the pension list. -Hayburn's case, 2 Dall. 409. (g) The authority given to the Supreme Court by the act of 1789, establishing the judicial system of the United States, to issue writs of mandamus to public officers, was a grant of original jurisdiction not warranted by the constitution, and therefore void.-Marbury v. Madison, 1 Cranch, 137. before-mentioned, the supreme court shall have appellate (h) jurisdiction, both as to law and fact, with such exceptions, and under such regulations, as the congress shall make. 2. An indictment under the act of Congress of 1790, for infracting the law of nations by offering violence to the person of a foreign minister, is not within the meaning of the above section. It is a case which affects the United States, and the individual whom they seek to punish; but one in which the minister, although injured by the assault, has no interest in the event of the prosecution, and the circuit court has therefore jurisdiction. The U. States v. Ortega, 11 Wheat. 467. 3. Whether Congress can vest a concurrent jurisdiction in other courts of those cases over which, by the constitution, the Supreme Court has original jurisdiction-See U. States v. Ravara, 2 Dall. 297. Marbury v. Madison, 1 Cranch, 137. U. States v. Ortega, 11 Wheat. 467. 4. The consul general of the king of Saxony, being sued in the Supreme Court of New York, failed to set up his exemption from such suit in that court; but on the cause being carried up to the court for the correction of errors, this matter was assigned for error in fact, notwithstanding which, judgment was given against the plaintiff in error. The case was carried to the Supreme Court of the United States under the 25th section of the judiciary act. Held, that the Supreme Court had jurisdiction; and that although a consul omits to plead his privilege, and afterwards, on removing the judgment of the inferior court to a higher court by writ of error, claims the privilege, it is no waiver, it not being a personal privilege, but one which the country or government, which the consul represents, is entitled to.-Davis v. Packard, 6 Peters, 41. 7 do. 289. (h) The original jurisdiction vested in the Supreme Court by the constitution, is founded entirely on the character of the parties. In its appellate jurisdiction, the character of the parties does not govern, but the character of the case.Cohens v. Virginia, 6 Wheat. 392. 2. As Congress, under the power given it by the constitution, has limited the appellate jurisdiction of the Supreme Court, and declared in what cases an appeal or writ of error shall lie, an exception in all other cases is implied. For it seems to be a general principle, applicable as well to the appellate power of the Supreme Court as to the inferior courts established by acts of Congress, that the judicial power, given by the constitution, can only be exercised in cases and modes prescribed by act of Congress: the con stitution and laws must both concur in order to vest it.-U. States v. Moore, 3 Cranch, 170. Durousseau v. The U. States, 6 Cranch, 312. Wilson v. Mason, 1 Cranch, 91. Clark v. Bazadone, I Cranch, 212. 3. In the construction of this clause it has been held, that it vests in the Supreme Court an appellate jurisdiction in all cases where original jurisdiction is given to the inferior courts, with only such exceptions, and under such regulations, as Congress may make.-Wilson v. Mason, 1 Cranch, 91. The constitution never 4. The appellate power of the Supreme Court of the United States extends to all cases enumerated in the constitution, where under the constitution it has not original jurisdiction, subject to such exceptions and regulations as Congress may prescribe. meant to limit the appellate jurisdiction to cases pending in the courts of the United States; but wherever the state tribunals may entertain jurisdiction of those cases arising under the constitution, laws and treaties of the United States, an appeal may be given to the Supreme Court. The 25th section of the act of 1789, is therefore constitutional.--Martin v. Hunter's Lessee, 1 Wheat. 304. 5. The Supreme Court has, constitutionally, appellate jurisdiction under the 25th section of the judiciary act of 1789, from the final judgment or decree of the highest court of law or equity of a state, having jurisdiction of the subject matter of the suit, where is drawn in question the validity of a treaty, or statute of, or authority exercised, under the United States, and the decision is against their validity; or where is drawn in question the validity of a statute of, or an authority exercised under any state, on the ground of their being repugnant to the constitution, treaties or laws of the United States, and the decision is in favour of such their validity; or of the constitution, or of a treaty, or statute of, or commission held under the United States, and the decision is against the title, right, privilege or exemption, specially set up or claimed by either party, under such clause of the constitution, treaty, statute, or commission. And it is no objection to the exercise of this appellate jurisdiction, that one of the parties is a state, and the other a citizen of that state.-Cohens v. Virginia, 6 Wheat. 264. 3. The trial of all crimes, except in cases of impeachment, shall Trials by jury. 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. Treason. Attainder. SECTION 3. 1. Treason against the United States, shall consist only in levying war against them, or in adhering to their enemies, giving them aid and comfort. (i) 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, but no attainder of treason shall work corruption of blood or forfeiture, except during the life of the person attainted. ARTICLE IV.-SECTION 1. 1. Full faith and credit shall be given in each state to the public Acts, records, acts, records, and judicial proceedings of every other state. And &c. of States, the congress may, by general laws, prescribe the manner in which such acts, records and proceedings shall be proved, and the effect thereof. (j) accredited. (i) The term levying war has a well known technical signification, and comprehends as well, those who create or raise a war, as those who make it or carry it on. A secret unarmed meeting of conspirators, not in force or in warlike form, though having a treasonable intent, is not treason.-U. States v. Burr, 4 Cranch, 471-2, 486. Ex parte Bollman & Swartwout, 4 do. 126. 2. To make an assemblage treasonable, it must be in force, and in a warlike posture. It is not necessary that the assemblage should have arms, or that force or violence should be applied. If a body of men are assembled for the purpose of making war against the government, and are in a condition to do so, it is an overt act of treason.-Ibid, 4 Cranch, 475-8. 3. But a combination or conspiracy to resist or defeat the execution of a statute of the U. States by force, though a high offence is not treason.U. States v. Fries, Trial, 14. 4. An insurrection, the object of which is to suppress an office of excise, and to compel the resignation of the excise officer, and marching with a party to the house of the officer in arms, marshalled and arrayed, and committing acts of violence and outrage there, is a levying of war against the United States.-U. States v. Vigol, 2 Dall. 346. U. States v. Mitchell, 2 Dall. 355. 5. The Supreme Court of New York, notwithstanding a law of that state declaring what shall be treason against the state, quashed an indictment, which, after setting out a state of war between the United States and Great Britain, alleged, that the defendants being citizens of the state of New York, and of the United States, as traitors of the state of New York, did adhere to, and give aid and comfort to the enemy.―The People v. Lynch, &c. 11 Johns. 553. (j) The several states of the Union may admit as evidence in their courts of justice, the public acts of each other, without the authentication required by the act of Congress, passed in pursuance of this clause of the constitution.— When authenticated according to the act, they must be admitted.-Taylor v. Bank of Illinois, 7 Mon. 586. 2. The effect of the record of a judgment of a sister state. See Mills v. Duryee, 7 Cranch, 481. Hampton v. McConnel, 3 Wheat. 234. Armstrong v. Carson's Ex'rs. 2 Dall. 302. Mayhew v. Thatcher, 6 Wheat. 129. Phelps v. Holker, 1 Dallas, 261. Kilburn v. Woodworth, 5 Johns. 37. See title Authentication, post. SECTION 2. 1. The citizens of each state shall be entitled to all privileges and immunities of citizens in the several states. (k) Citizenship. Fugitive 2. A person charged in any state with treason, felony, or other crime, who shall flee from justice, and be found in another state, criminals. 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. 3. No person held to service or labor in one state under the laws Fugitive slaves. thereof, escaping into another, shall, in consequence of any law or regulation therein, be discharged from such service or labor, but shall be delivered up on claim of the party to whom such service or labor may be due. SECTION 3. 1. New states may be admitted by the congress into this Union; Of new states. 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 legislature of the states concerned as well 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. SECTION 4. 1. The United States shall guaranty 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. Territory of United States. Republican form of govantied. ernment guar Of amendto the Constitution. 1. The congress, whenever two-thirds of both houses shall deem it necessary, shall propose amendments to this constitution, or on the ments application of the legislatures of two-thirds of the several states, shall call a convention for proposing amendments, which, in either shall be valid to all intents and purposes, as part of this concase, stitution, when ratified by the legislatures of three-fourths of the (k) To be a citizen, it is necessary that a person should be entitled to the enjoyment of those privileges and immunities, upon the same terms upon which they are conferred upon other citizens; and unless he is so entitled, (except in the case of females who are presumed to be represented by adult males of the same class,) he cannot, in the proper sense of the term, be a citizen.-Amy v. Smith, 1 Litt. 333. 2. Under the constitution and laws of the U. States, free negroes cannot become citizens of the 3. This clause is not violated by the act of Kentucky, of 1808, limiting actions for freedom by persons held in slavery, and who assert their right by virtue of certain acts of the legislatures of Virginia and Pennsylvania.-Ibid, 335. See Campbell v. Morris, 3 Har. & McHen. 535. Murray v. McCarty, 2 Munf. 393. 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. (1) ARTICLE VI. 1. All debts contracted and engagements entered into, before the Debts prior adoption of this constitution, shall be as valid against the United to the adoption States under this constitution, as under the confederation. of constitution. Force of the constitution, laws and trea ties of the Uni ted States. 2. This constitution, and the laws of the United States which shall be made in pursuance thereof, and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; (m) and the judges in every state shall be bound thereby, any thing in the constitution or laws of any state to the contrary notwithstanding. (1) An amendment to the constitution, proposed in Congress, and adopted by two-thirds of both houses, need not be submitted to the President for his approbation.--Hollingsworth v. Virginia, 3 Dall. 378. (m) The act of the legislature of Virginia, of 1779, under which a debtor to a subject of Great Britain, had, in conformity to the provisions of that law, during the war, paid into the loan office of the state a portion of the debt due by him, did not operate to protect the debtor from a suit for such debt, after the treaty of peace of Sept. 1783, and after the adoption of the federal constitution, making treaties the supreme law of the land. The act of the Virginia legislature was annulled by the fourth article of the treaty, which provided that creditors on either side should meet with no lawful impediment to the recovery of the full value in sterling money of all bona fide debts heretofore contracted.--Ware v. Hylton, 3 Dall. 199. 2. The judiciary have no power to declare a treaty to have been violated by one of the contracting parties; Congress alone can exercise such power,-Ibid, 260. 3. Whether the judiciary may declare an article of a treaty unconstitutional and void. Quere? -Ibid. Wiscart v. Dauchy, 3 Dall. 321. See ease of Jonathan Roberts, 1 Hall's Journal of Jurisprudence, 13. 4. Under this clause of the constitution, it has been held that a decree of a circuit court condemning a prize is not a definitive sentence in the sense in which that term is used in the treaty between the United States and the French republic, ratified on the 21st of Dec. 1801; and that a vessel captured as a prize, and so condemned, previous to the signature of the treaty, but from which sentence a writ of error was prosecuted to the Supreme court, and was pending at the time of the ratification, must be restored to the true owners.-U. States v. The Schooner Peggy, 1 Cranch, 103, 5. The treaty of peace between Great Britain and the United States, prevents the operation of the act of limitations of Virginia upon British debts contracted before that treaty.—Hopkirk v. Bell, 3 Cranch, 454. 6. A law passed in pursuance of the power of exercising exclusive legislation over the district of Columbia, is within the above clause às fully as any other passed by Congress; and a law of a state, made to defeat the objects it has in view, is unconstitutional. The act of Congress, however, of May, 1812, which authorises the drawing of lotteries by the corporation of the city of Washington, for certain purposes and under certain restrictions, does not authorize the corporation to force the sale of tickets in such lottery, in states where such sale may be prohibited by the state laws.-Cohens v. Virginia, 6 Wheat. 264. 7. The Bank of the United States has a right to establish its branches within any state, and it being an instrument employed by the General Government for carrying on its fiscal operations, a state has no power to tax it. The real property of the Bank, however, may be taxed in common with the real property of the state; or the |