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Trial by jury.

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.

SECTION 1. Not to be excessive.

Bails, finos, punishments.

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

ARTICLE IX.

CERTAIN RIGHTS NOT DENIED TO THE PEOPLE.

SECTION 1. Rights of people not disparaged by Constitution.

Certain rights not denied to the people.

SECTION 1. The enumeration in the Constitution of cer. tain 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

reserved to the States, respectively, or to the people.-[Id.

States, are

ARTICLE XI.

JUDICIAL POWERS.

SECTION 1. Limitation on.

SECTION shall not

powers.

citizens

1. The judicial power of the United States Judicial

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

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

dent, one

1. Manner of election, etc. SESTIOY 1. The Electors shall meet in their respective Election of

President States, and vote by ballot for President and Vice Presi- and Vice

President. 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 ballot s 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, all the certificates, and the votes shall then be

The person having the greatest number of

open counted.

Same.

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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 higbest 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 pum-
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.

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ARTICLE XIII.

SLAVERY

Slavery prohibited.

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.

ment of this

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

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 Who are

citizensUnited States and subject to the jurisdiction thereof are rights of. 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 citi. zens 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.

ment of

Sec. 2. Representatives shall be apportioned among Apportionthe several States according to their respective numbers, representacounting the whole number of persons in each State, the several 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

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.

of age

Certain persons

from

SEC. 3. No person shall be a Senator or Representative disqualified in Congress, or Elector of President and Vice President, holding

or hold any office, civil or military, under the United office, etc.

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.

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.

Power of SEC. 5. The Congress shall bave power to enforce, by
Congress to
enforce this appropriate legislation, the provisions of this Article.-
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 Hoffmah.

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