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tion, too strong to be controlled by the civil authority. The State must determine for itself what degree of force the crisis demands.-Luther vs. Borden, 7 Howard, p. 1. A State has power to regulate the remedies by which contracts and judgments are sought to be enforced in Courts of justice, unless its regulations are contrary to the Constitution or laws of the United States.-Bank of Alabama vs. Dalton, 9 Howard, p. 522. Congress did not intend to declare by the Act of 1790, that a judgment rendered in one State against the person of a citizen of another, who had not been served with process, or voluntarily made defense, should have such faith and credit in every other State, as it had in the State in which it was rendered.—D'Arcy vs. Ketchum, 11 Howard, p. 165. After the admission of a State into the Union, Congress can make no grant of land, situated between high and low water marks. Goodtie vs. Kibbe, 13 Howard, p. 25; 3 Howard, p. 212; 9 Howard, p. 477. Where a power possesses a river and cedes the territory on the other side of it, making the river the boundary, that power retains the river unless there is a stipulation to the contrary:Howard et al. vs. Ingersoll, 13 Howard, p. 381. The rights of the Crown devolved upon the States by the revolution, and confirmed by the treaty of peace (Bennett vs. Boggs, Bald., p. 60), are sovereign within their own limits.- Bank U. S. vs. Daniel, 12 Pet., p. 33. For some purposes sovereign, for some subordinate.-Cohens vs. Virginia, 6 Wh., p. 414, Marshall, C. J. A State has no power over the public lands within its limits.- Turner vs. Am. Bap. Miss. Union, 5 McL., p. 344. Respecting internal regulations the several States on the 4th day of July, 1776, became entitled to all the rights and powers of sovereign States.-Mellyaine vs. Coxe, 4 Cr., p. 209; s. p., Bank of U. S. vs. Daniel, 12 Pet., p. 33; Bennett vs. Boggs, Bald., p. 60. The people of the several States are absolutely and unconditionally sovereign within their respective territories, with the exception of those powers expressly surrendered to the Federal Government by the Constitution of the United States.-Ohio L. Ins. & Trust Co. vs. Debolt, 16 H., p. 428, Taney, J. A State has the right to expel from it criminals, paupers, or liberated slaves.-So held in Moore vs. Illinois, 14 H., p. 13; also Costin vs. Washington, 2 Cr. C. C., p. 254. The States of the Union are not independent States, but are dependent and subordinate to the Federal Government for all specific purposes for which it was adopted and ordained.—The General Parkhill Dist. Court, Philadelphia, Cadwalader, J., 230 July, 1861. The allegiance which a citizen owes to his State is subordinate to that which he owes to the Federal Government within its conferred powers and to the extent of its jurisdiction.-U. S. vs. Greiner, 24 Law Rep., p. 92; s. c., 4 Phila., p. 396. Federal Government is one of delegated powers; and all powers not delegated to it, or inhibited to the States, are reserved to the States or to the people thereof.—Briscoe vs. Bank of Ky., 11 Pet., p. 258.

COMMERCE.—The power of Congress over commerce with foreign nations and among the States, is exclusive when exercised. The States have concurrent power with Congress to regulate commerce, with the understanding that in case of conflict State regulations must give way. This power extends to every species of commercial intercourse, and operates upon persons as well as property.-People vs. Coleman, 4 Cal., p. 46; People vs. Downer, 7 Cal., p. 169; Mitchell vs. Stedman, 8 Cal., p. 363; Lin Sing vs. Washburn, 20 Cal., p. 534.

BETWEEN THE STATES.—The several Ştates have no power to regulate commerce between themselves, but by the provisions of this Article Congress has that power exclusively. An impost by way of toll, on logs and lumber floated in a stream from one State to another for revenue purposes of the State, by which the toll is imposed, is an unconstitutional attempt to regulate commerce.-C. L. R. Co. vs. Patterson, 33 Cal., p. 334; see Jurisdiction,” Code of Civil Procedure Cal.





Powers of Executive.

1. President and Vice President. Terms of.
2. Electors.
3. Manner of choosing President by Electors.
4. Time of chosing Electors.
5. President's qualifications.
6. Vacancy in office of.
7. Salary.
8. Oath.


Other powers and duties. 1. Act as Commander in Chief. Reprieves, pardons. 2. To make treaties, how. Appointments. 3. To fill vacancies.


Messages to, and power of assembling and adjourning Congress.

Reception of Embassadors, etc. Commissioning officers.


Removal of officers on impeachment.



1. The executive power shall be vested in a President Powers of of the United States of America. 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 the 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 sball 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 Repre

Powers of

sentatives 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 vote shall be taken by States, the representation from each State having one vote; a quorum for this purpose sball 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 wbo have equal votes, the Senate shall choose from them by ballot the Vice President.

NOTE.—This clause has been superseded by the twelfth amendment to the Constitution.

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 Presi. dent; neither shall any person be eligible to that office who shall not have attained 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.

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 enters 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."


1. The President shall be Commander in Chief of Other

powers and the Army and Navy of the United States, and of the duties. 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 for offenses 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.

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.

Note.—The President as the Commander in Chief. If a foreign nation should invade the territory of the United States, the President's duty requires him not only to resist the invasion, but to invade the enemy's country.-Trials of Smith and Ogden, p. 85. The

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