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lations respecting the territory (a) or cther property belonging to the United States; (b) Art. 4. Sect. 3. 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. The United States shall guarantee to every state in this Union a republican Republican form of government, form of government, and shall protect each of them against invasion; and on application &c., guarantied. of the legislature, or of the executive, (when the legislature cannot be convened,) against domestic violence.
The congress, whenever two-thirds of both houses shall deem it necessary, shall pro- Amendments. pose 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 threefourths 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. All debts contracted, and engagements entered into, before the adoption of this Debts. 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 pur- Supreme law of suance thereof, and all treaties (c) made, or which shall be made, under the authority of the United States, shall be the supreme law of the land;(d) and the judges in every state shall be bound thereby, any thing in the constitution or laws of any state to the contrary notwithstanding.
3. The senators and representatives before mentioned, and the members of the several Oaths of office. state legislatures, and all executive and judicial officers, both of the United States and of the several states, shall be bound, by oath or affirmation, to support this constitution ; but no religious test shall ever be required as a qualification to any office or public trust No religious test under the United States.
The ratification of the conventions of nine states shall be sufficient for the establish- Ratification. ment of this constitution between the states so ratifying the same.
Done in convention, by the unanimous consent of the states present, the seventeenth day of September, in the year of our Lord one thousand seven hundred and eightyseven, and of the Independence of the United States of America the twelfth. In witness whereof, we have hereunto subscribed our names.
GEORGE WASHINGTON, President,
(a) The term "territory," as here used, is merely descriptive of one kind of property, and is equivalent to the word lands. United States v. Gratiot, 14 Pet. 537. This clause applies only to territory within the chartered limits of some one of the states when they were colonies of Great Britain. It does not apply to territory acquired by the present federal government, by treaty or conquest, from a foreign nation. Dred Scott v. Sandford, 19 How, 395. (b) The power of governing a territory belonging to the United States, which has not, by becoming a state, acquired the means of self-government, has been said to result necessarily from the facts that it is not within the jurisdiction of any particular state, and is within the power and jurisdiction of the United States. The right to govern would seem to be the inevitable consequence of the right to acquire territory. American Insurance Co. v. Canter, 1 Pet. 542-3. United States v. Gratiot, 14 Ibid. 537. Cross e. Harrison, 16 How. 194. Congress has the constitutional power to pass laws punishing Indians for crimes and offences committed against the United States. The Indian tribes are not so inde pendent nations as to be exempt from this kind of legislation. United States e. Cha-to-kah-na-po-sha, Hemp. 27. The United States, under the present constitution, cannot acquire territory to be held as a colony, to be governed at its will and pleasure. But it may acquire territory which, at the time, has not a population that fits it to become a state, and may gevern it as a territory, until it has a population which. in the judgment of congress, entitles it to be admitted as a state of the Union. During the time it remains a territory, congress may legislate over it within the scope of its constitutional powers in relation to citizens of the United States-and may establish a territorial government-and
And deputy from Virginia.
the form of this local government must be regulated by the dis-
Right to bear
Quartering of troops. Searches and seizures.
Trials for crimes.
Trials in civil cases.
Gunning Bedford, jun.,
Daniel of St. Thomas Jenifer,
Attest: William Jackson, Secretary.
AMENDMENTS TO THE CONSTITUTION.(a)
Freedom of reli
ART. I. Congress shall make no law respecting an establishment of religion, or pro
gion, of speech, of hibiting the free exercise thereof; or abridging the freedom of speech, or of the press;
the press, and
right of petition. or the right of the people peaceably to assemble, and to petition the government for a
redress of grievances.
ART. II. A well regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed.
ART. III. No soldier shall, in time of peace, be quartered in any house without the consent of the owner; nor in time of war, but in a manner to be prescribed by law.
James Madison, jun.
(a) These twelve articles proposed by congress, in addition to, and amendment of the constitution of the United States, having been ratified by the legislatures of the requisite number of the states, are become a part of the constitution. The first ten amendments were proposed by congress at their first session, in 1789. The eleventh was proposed in 1794. And the twelfth in 1803. (b) This refers only to process issued under the authority of the United States. Smith v. Maryland, 18 How. 71. And it was no application to proceedings for the recovery of debts, as a treasury distress warrant. Murray's Lessee v. Hoboken Land and Improvement Co., Ibid. 272.
(c) See Ex parte Burford, 3 Cr. 448. Wakely v. Hart, 6 Binn. 316. 1 Opin. 229. 2 Ibid. 266, (The court may discharge a jury from giving a verdict in a capital case, without the consent of the prisoner, whenever, in their opinion, there is a manifest necessity for such an act, or the ends of public justice would be otherwise defeated. United States v. Perez: 9 Wh. 579. See United States v. Haskell, 4 W. C. C. 402. United States v. Gibert, 2 Sumn. 19. United States v. Harding, 1 Wall. Jr. 127. 2 Opin. 655.
(e) See Murray's Lessee v. Hoboken Land and Improvement Co., 18 How. 276.
(g) This provision is only a limitation of the power of the genral government; it has no application to the legislation of the
Charles Cotesworth Pinckney,
ART. IV. The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated; and no warrants (b) shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.(c)
ART. V. No person shall be held to answer for a capital or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service, in time of war or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; (d) nor shall be compelled, in any criminal case, to be witness against himself; nor be deprived of life, liberty or property, without due process of law;(e) nor shall private property be taken for public use without just compensation.(g)
ART. VI. In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury (h) of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor; (i) and to have the assistance of counsel for his defence.
ART. VII. In suits at common law, (k) where the value in controversy shall exceed
several states. Barron v. Mayor of Baltimore, 7 Pet. 243. Bona-
(h) This is only to be intended of those crimes which by our former laws and customs had been tried by jury. United States v. Duane. Wall. 106.
(i) Any person charged with a crime in the courts of the United States, has a right, before, as well as after indictment, to the process of the court to compel the attendance of his witnesses. 1 Burr's Trial. 179-80.
(k) This includes not merely modes of proceeding known to the common law, but all suits, not of equity or admiralty jurisdic tion, in which legal rights are settled and determined. Parsons v. Bedford, 3 Pet. 433. United States v. La Vengeance, 3 Dall. 297. Webster v. Reid, 11 How, 437. Bains . The Schooner James and Catharine, Bald. 544. It does not apply to an examination as to the claim for services, under the fugitive slave law. Miller v. McQuerry, 5 McLean, 469. In the matter of Martin. 2 Paiue, 348. Nor to a motion for summary relief. Banning e. Taylor, 12 Harris, 259.
twenty dollars, the right of trial by jury shall be preserved; (a) and no fact tried by a jury shall be otherwise re-examined (b) in any court of the United States than according to the rules of the common law. (c)
3. But no person constitutionally ineligible to the office of president shall be eligible to that of vice president of the United States.
ART. VIII. Excessive bail shall not be required, nor excessive fines imposed, nor Bail, fines, &c. cruel and unusual punishments inflicted.(d)
ARF. IX. The enumeration in the constitution of certain rights, shall not be construed Reserved rights. to deny or disparage others retained by the people.(e)
ART. X. The powers not delegated to the United States by the constitution, nor pro- Powers not dele hibited by it to the states, are reserved to the states respectively or to the people.(g)
ART. XI. The judicial power of the United States shall not be construed to extend to Limitation of judicial power. any suit in law or equity (h) commenced or prosecuted against one of the United States, (i) by citizens of another state, or by citizens or subjects of any foreign state.(k)
dent and vice president.
ART. XII. 1. The electors shall meet in their respective states, (7) and vote by ballot Election of presk for president and vice president, one of whom, at least, shall 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 list they shall sign and certify, and transmit sealed (m) 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, (n) 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 the president. (9) 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 twothirds of the whole number of senators, and a majority of the whole number shall be necessary to a choice.
(a) The right to trial by jury is for the benefit of the parties litigating, and may be waived by them. United States v. Rathbone, 2 Paine, 578. But the circuit courts have no power to order & peremptory nonsuit against the will of the plaintiff. Elmore v. Grymes, 1 Pet. 469. D'Wolf v. Rabaud, Ibid. 476. Crane v. Lesse of Morris, 6 Ibid. 598. Thompson v. Campbell, Hemp. 8. (b) See Davidson v. Burr, 2 Cr. C. C. 515. Maddox v. Stewart,
(e) The common law here alluded to, is not the common law of any individual state, but the common law of England; according to which. facts once tried by a jury are never re-examined, unless a new trial be granted in the discretion of the court, before which the suit is depending, for good cause shown; or unless the judgment of such court be reversed by a superior tribunal, on a writ of error, and a venire facias de novo awarded. United States v. Wonson, 1 Gall, 20.
(d) The disfranchisement of a citizen is not an unusual punishment. Barber r. The People, 20 Johns. 459. The punishments of whipping and of standing in the pillory, are abolished by act 28 February 1839, § 5, 5 Stat. 322. See James v. Commonwealth, 12 8. & R. 220.
(e) See 1 Story, Const. 447. United States v. New Bedford Bridze, 1 W. & M. 401. Moore v. Houston, 3 S. & R. 169.
diction. Olmsted's Case, Brightly, 9. See Ex parte Madrazzo, 7 Pet. 627.
(i) If the state be not necessarily a defendant, though its interest may be affected by the decision, the courts of the United States are bound to exercise jurisdiction. Louisville Railroad Co. v. Letson, 2 How. 550. United States v. Peters, 5 Cr. 115.
(k) A state, by becoming interested with others in a banking or trading corporation, or by owning all the capital stock, does not impart to that corporation any of its privileges or prerogatives. it lays down its sovereignty so far as respects the transactions of the corporation, and exercises no power or privilege in respect to those transactions not derived from the charter. Bank of the United States v. Planters' Bank of Georgia, 9 Wh. 904. Bank of Kentucky v. Wiston, 3 Pet. 431. Briscoe v. Bank of Kentucky, 11 Ibid. 324. Louisville Railroad Co. v. Letson, 2 How. 497. Darrington v. Bank of Alabama. 13 How. 12. Curran v. Arkansas, 15 Ibid. 309. And see Cohens v. Virginia, 6 Wh. 264.
(On the first Wednesday in December, by act 1 March 1792. 1 Stat. 239.
(m) Before the first Wednesday in January, by the same act. (n) On the second Wednesday in February, by the same act. (o) On a motion to discharge a defendant arrested upon a copias ad respondendum. by a marshal appointed by the president de facto of the United States, the court will not decide the question
(g) See United States v. Bailey, 1 McLean, 234.
(h) It does not extend to suits of admiralty or maritime juris- whether he has been duly elected to that office. Peyton Bront,
3 Cr. C. C. 424.
LAWS OF THE UNITED STATES.
1. ione o abate by death. Executors, &c., to be sub- 2. Non-joinder of non-resident defendant not to abate suit. Not stitud. Seire 1a. Continuance. Death of co-plaintiff or to prejudice.
defendant aɔ to alute ruit.
1 Stat. 90.
1. Where any suit (a) shall be depending in any court of the United States, and 24 Sept. 1789 2 31, either of the parties shall die before final judgment, (b) the executor or administrator of such deceased party, who was plaintiff, petitioner or defendant, in case the cause of action Actions not to abate by death. doth by law survive, (c) shall have full power to prosecute (d) or defend any such suit or Executors, &c., to action until final judgment; and the defendant or defendants are hereby obliged to answer be thereto accordingly; and the court before whom such cause may be depending, is hereby empowered and directed to hear and determine the same, and to render judgment for or against the executor or aannnistrator, as the case may require. And if such executor or Scire facias. administrator, having been duly served with a scire facias from the office of the clerk of the court where such suit is depending, twenty days beforehand, shall neglect or refuse to become a party to the suit, the court may render judgment against the estate of the deceased party, (e) in the same manner as if the executor or administrator had voluntarily made himself a party to the suit. And the executor or administrator who shall Continuance. become a party as aforesaid, shall, upon motion to the court where the suit is depending, be entitled to a continuance of the same until the next term of the said court.(g) And Death of co-plainif there be two or more plaintiffs or defendants, and one or more of them shall die, if tiff or defendant the cause of action shall survive to the surviving plaintiff or plaintiffs, or against the surviving defendant or defendants, the writ or action shall not be thereby abated; but such death being suggested upon the record, the action shall proceed at the suit of the surviving plaintiff or plaintiffs against the surviving defendant or defendants.
not to abate suit.
5 Stat. 321.
2. Where, in any suit at law, or in equity, commenced in any court of the United 28 Feb. 1839 1. States, there shall be several defendants, any one or more of whom shall not be inhabitants of or found within the district where the suit is brought, (h) or shall not volun
(a) This section is confined to personal actions. Macker's (g) The opposite party is Heirs r. Thomas, 7 Wh. 530. Green v. Watkins, 6 Ibid. 260. It is wold v. Hill, 1 Paine, 485. a complete substitute for the ancient method of continuance by 193. journey's account. Richards v. Maryland Insurance Co., 8 Cr. 93.
(b) The statute embraces all cases of death before final judgment. The death may happen before or after plea pleaded, before or after issue joined, before or after verdict, or before or after interlocutory judgment; and in all these cases the proceedings are to be exactly as if the executor or administrator were a voluntary party to the suit. Hatch v. Eustis, 1 Gall. 164. Griswold v. Hill, 1 Paine, 483-5. See MeCoul v. Lekamp's Administratrix, 2 Wh. 111. MeNutt ». Bland. 2 How. 28. McKinney v. Carroll, 12 Pet. 66. Clay ». Smith, 3 Ibid. 411.
(c) All actions which arise ex delicto die with the person; as an action for a penalty. Jones v. Vanzandt's Administrator, 4 MeLean, 604. Whether or not, in any particular case, the cause of action survives, must depend altogether upon the local law. Hatfield r. Bushnell. 1 Blatch. 394. 8. c., 22 Verm. 659.
(d) Jurisdiction having once vested in the court, the fact that the administrator of the deceased plaintiff is a citizen of, and resides in, the same state with the defendant. will not divest the court of jurisdiction, in case the administrator be admitted to prosecute. Hatfield v. Bushnell, 1 Blatch, 393. 8. C., 22 Verm. 659. Trigg v. Conway, Hemp. 711. Clarke v. Mathewson, 12 Pet. 170. Hatch v. Dorr, 4 McLean, 112. After the order for his admission has been made, it is too late to contest the fact that he is executor. Wilson v. Codman's Executor, 3 Cr. 193.
(e) See United States v. Drennen, Hemp. 320.
not entitled to a continuance. Gris Wilson v. Codman's Executor, 3 Cr.
(h) By the constitution, jurisdiction is given to the federal courts, between citizens of different states; the act of 1789, however, restricts the exercise of this jurisdiction to cases where one of the parties are citizens of the state where suit is brought; and by the settled construction of this act, where there are more than one party, plaintiff or defendant, the court must have jurisdiction between each party, plaintiff and defendant. To remedy this inconvenience the act of 1839 was passed, which enables a party defendant, who may not reside in the district, to become a party to the suit. Taylor v. Cook, 2 McLean, 516. But this act bas wrought no change in the jurisdiction of the courts, as respects the character of parties; it only obviates the difficulties arising from inability to join, or serve those, not liable to be sued by the plaintiff, or not within reach of process. Commercial Bank of Vicksburg v. Slocomb, 14 Pet. 60. It relates solely to the nonjoinder of persons who are not within the reach of the process of the court. It does not affect any case where persons having an interest, are not joined, because their citizenship is such that their joinder would defeat the jurisdiction. Shields v. Barrow, 17 How. 141. Tobin v. Walkinshaw, 5 Am. L. R. 122. If the absent defendants live in the same state with the plaintiff, the court cannot take jurisdiction, as between them and the plaintiff, for the suit would not be, as to them, between citizens of different states. Bargh v. Page, 4 McLean, 11. See Louisville Railroad Co. v. Let son, 2 How. 556-7.