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a treaty with a foreign State may be tried in a Federal Court by indictment.-Id. So sending threatening letters by foreign Consul.-U. S. vs. Ravara, 2 D., p. 299, note. Circuit Court, U. S., in District Columbia, has jurisdiction of common law offenses.-U. S. vs. Watkins, 3 Cr. C. C., p. 441.

ARTICLE VII.

Trial by jury.

TRIAL BY JURY.

SECTION 1. Right of trial by jury in civil actions.

SECTION 1. In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved; and no fact, tried by jury, shall be otherwise reëxamined in any Court of the United States than according to the rules of common law. [Id.

ARTICLE VIII.

BAIL-FINES-PUNISHMENTS.

Bails, fines, punish

ments.

SECTION 1. Not to be excessive.

SECTION 1. Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.-[Id.

ARTICLE IX.

Certain rights not

denied to the people.

CERTAIN RIGHTS NOT DENIED TO THE PEOPLE.

SECTION 1. Rights of people not disparaged by Constitution.

SECTION 1. The enumeration in the Constitution of certain rights shall not be construed to deny or disparage others retained by the people.-—[Id.

ARTICLE X.

STATES RIGHTS.

SECTION 1. Certain powers reserved to the States or to the people.

rights.

SECTION 1. The powers not delegated to the United States States by the Constitution, nor prohibited by it to the States, are reserved to the States, respectively, or to the people.-[Id.

ARTICLE XI.

JUDICIAL POWERS.

SECTION 1. Limitation on.

powers.

SECTION 1. The judicial power of the United States Judicial shall not be construed to extend to any suit in law or equity commenced or prosecuted against one of the United States by the citizens of another State, or by citizens or subjects of any foreign State.-[Proposed March 5th, 1794; ratified January 8th, 1798.

NOTE. This amendment does not, it seems, extend to suits of admiralty or maritime jurisdiction.-See United States vs. Bright, Bright's Trial, p. 190; same case, Bright, p. 9.

ARTICLE XII.

ELECTION OF PRESIDENT AND VICE PRESIDENT.

SECTION 1. Manner of election, etc.

SECTION 1. The Electors shall meet in their respective States, and vote by ballot 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 lists 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

Election of

President

and Vice

President.

Same.

votes for President shall be the President, if such a num-
ber be a majority of the whole number of Electors ap-
pointed; and if no person have such a 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. But in choosing the President,
the votes shall be taken by States, the representation
from each State having one vote; a quorum for this pur-
pose 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 Repre
sentatives 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.
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 num-
bers on the list the Senate shall choose the Vice Presi-
dent; a quorum for the purpose shall consist of two
thirds of the whole number of Senators, and a majority
of the whole number shall be necessary to a choice. But
no person constitutionally ineligible to the office of Presi
dent shall be eligible to that of Vice President of the
United States.-[Proposed Dec. 12th, 1803; ratified Sept.
25th, 1804.

Slavery prohibited.

ARTICLE XIII.

SLAVERY.

SECTION 1. Slavery prohibited.

2. Enforcement of this Article by Congress.

SECTION 1. Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States or any place subject to their jurisdiction.

SEC. 2. Congress shall have power to enforce this Article by appropriate legislation.—[Declared ratified December 18th, 1865. U. S. Statutes at Large, Vol. 13, p. 775.

Enforce

ment of this

Article by

Congress.

ARTICLE XIV.

CITIZENSHIP, REPRESENTATION, AND PAYMENT OF PUBLIC DEBT.

SECTION 1. Who are citizens-rights of.

2. Apportionment of representation among the several
States.

3. Certain persons disqualified from holding office; removal

of disability, how effected.

4. Payment of public debt not to be questioned; debts
incurred in aid of rebellion not to be assumed.

5. Power of Congress to enforce this Article.

SECTION 1. All persons born or naturalized in the United States and subject to the jurisdiction thereof are citizens of the United States and of the State wherein

they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property without due process of law, nor deny to any person within its jurisdiction the equal protection of the laws.

Who are

citizens

rights of.

ment of

tion among

the several

States.

SEC. 2. Representatives shall be apportioned among Apportionthe several States according to their respective numbers, representacounting the whole number of persons in each State, excluding Indians not taxed. But when the right to vote. at any election for the choice of Electors for President and Vice President of the United States, Representatives in Congress, the executive and judicial officers of a State, or the members of the Legislature thereof, is denied to any of the male inhabitants of such State, being twentyone years of age and citizens of the United States, or in any way abridged, except for participation in rebellion or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such State.

Certain

persons

from holding office, etc.

SEC. 3. No person shall be a Senator or Representative

disqualified in Congress, or Elector of President and Vice President, or hold any office, civil or military, under the United States or under any State, who, having previously taken an oath as a member of Congress, or as an officer of the United States, or as a member of any State Legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may, by a vote of two thirds of each House, remove such disability.

Payment of
public debt
not to be

questioned;
debts
incurred
in aid of
rebellion
not to be
assumed.

Power of
Congress to

Article.

SEC. 4. The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned. But neither the United States nor any State shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave; but all such debts, obligations, and claims shall be held illegal and void.

SEC. 5. The Congress shall have power to enforce, by enforce this appropriate legislation, the provisions of this Article.[Declared ratified July 28th, 1868. U. S. Statutes at Large, Vol. 15, pp. 709-11.

NOTE. The case of The People vs. Brady, 40 Cal., p. 198, et seq., reviews at considerable length the apparent conflict of certain statutes of this State with this Article, and reviews and overrules the case of The People vs. George Washington, 36 Cal., p. 658.

FOREIGNERS.-The right of the State to tax foreigners for the privilege of extracting precious metals from the mines of this State-known here as the "Foreign Miners' License Act"-was held to be superseded by the fourteenth amendment of the United States Constitution, by Sawyer, J., of United States Circuit Court, in the case of United States vs. John Jackson, Tax Collector of Trinity County, decided in 1871, before Judges Sawyer and Hoffman.

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