A Digest of the Statute Laws of Kentucky, of a Public and Permanent Nature

Manner of choosing President.

[The three following sections were proposed as Amendments at the first Session of the eighth Congress. They are printed in the Laws of the U. States as article 12.]

ARTICLE XII.

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 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 House of voted for as President, the house of representatives shall choose representatives immediately, by ballot, the President. when to choose But, in choosing the PresiPresident, dent, 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 If President right of choiec shall devolve upon them, before the fourth day of chosen, March next following, then the Vice President shall act as President, to act as such. as in the case of the death or other constitutional disability of the

not

Vice President

Senate, when

to elect Vice President.

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

ileges and prerogatives, but so far as concerns the transactions of the company, it divests itself of its sovereign character, and takes that of a private citizen. Such corporation cannot therefore claim to be exempt from suit in the courts of the United States, by virtue of this amendment.-U. States Bank v. Planters' Bank, 9 Wheat. 904.

9. Juan Madrazzo, a subject of the king of Spain, filed a libel praying admiralty process against the state of Georgia, charging that the state was in possession of a sum of money, the proceeds of the sale of slaves, which had been

seized as illegally brought into Georgia, and which seizure had since been adjudged to be illegal, under admiralty proceedings. Jurisdiction was claimed for the Supreme Court on the ground, that the above amendment does not apply to suits in the admiralty against a state. It was determined, that this is not a case where property is in the custody of a court of admiralty.— It is a mere personal suit against a state, to recover proceeds in its possession, and under the above amendment cannot be maintained.-Ex parte Juan Madrazzo, 7 Peters, 627.

consist of two-thirds of the whole number of senators, and a ma-
jority of the whole number shall be necessary to a choice.

3. But no person constitutionally incligible to the office of Presi
dent, shall be eligible to that of Vice President of the United States.

[In the edition of the Laws of the U. States, and also in the edition of the Digest
of the Laws of Kentucky printed in 1822, there is an Amendment printed as arti-
cle 13, prohibiting citizens from accepting titles of nobility or honor, or presents,
offices, &c. from foreign nations. But, by a message of the President of the United
States of the 4th of February, 1818, in answer to a resolution of the House of
Representatives, it appears that this Amendment had been ratified only by 12
states, and therefore had not been adopted. See vol. iv. of the printed papers of
the 1st Session of the 15th Congress, No.76.]

INDEX

TO THE

CONSTITUTION OF THE UNITED STATES.

Art. Sec. Page.

Acts, records, and judicial proceedings of each State, entitled to faith and credit in
other States,

Amendments to the Constitution, how made

Appropriations by law.-See Treasury

1 9

Attainder, bill of, prohibited

1 9

Attainder of treason, shall not work corruption of blood or forfeiture, except during
the life of the person attainted

Bills, for raising revenue, shall originate in the House of Representatives

before they become laws, shall be passed by both Houses, and approved by
President; or, if disapproved, shall be passed by two-thirds of each House 1 7
not returned in 10 days, unless an adjournment intervene, shall be considered
as approved

Claims of the United States, or of the several States, not to be prejudiced by any
construction of the Constitution

4 3

Citizens of each State, shall be entitled to the privileges and immunities of citizens
in the several states

Commerce, regulations respecting, to be equal and uniform

Congress, vested with legislative power

4 2

may alter the regulations of State Legislatures concerning elections of sen-
ators and representatives, except as to place of choosing senators
shall assemble once every year

may provide for cases of removal of President and Vice President
may determine the time of choosing electors of President and Vice

2 1

President

2 1

291

411

Congress may invest the appointment of inferior officers in the President alone, in
the courts of law or the Heads of Departments

Art. Sec. Page.

may, from time to time, establish courts inferior to the Supreme Court
may, with one limitation, declare the punishment of treason

may prescribe the manner of proving the acts, records, and judicial pro-
ceedings of each State

the assent of, required to the formation of a new State within the jurisdic-
tion of any other, or by the junction of two or more

may propose amendments to Constitution, or, on application, call a Con-
vention

the assent of, required to the admission of new States into the Union,

to establish uniform laws of bankruptcy and naturalization

to coin money, regulate the value of coin, and fix a standard of weights
and measures

to establish post offices and post roads

to authorize patents to authors and inventors

1 8

to constitute tribunals inferior to the Supreme Court

1 8

to define and punish piracies, felonies on the high seas, and offences
against the laws of nations

to declare war, grant letters of marque, and make rules concerning captures 1
to raise and support Armies

to dispose of, and make rules concerning the territory or other proprty of
the United States

Constitution, formed by the people of the United States, Preamble

and the laws under it, and treaties, declared to be the supreme law
rendered operative by the ratification of the Conventions of nine States

4 3

5 1

6 1

7 1

Conventions, for proposing amendments to the Constitution
Court, Supreme, its original and appellate jurisdiction

Courts, inferior to the Supreme Court, may be ordained by Congress
Crimes, persons accused of, fleeing from justice, may be demanded

Debts, against the Confederation, to be valid against the U.S. under this Constitution
Duties, on exports prohibited

on imports and exports, imposed by States, shall enure to the U. S. Treasury 1 10

Elections, of Senators and Representatives, shall be prescribed by the State Legisla-
tures, as to time, place and manner

qualifications and returns of members of Congress to be determined by
each House

Electors, of President and Vice President, how chosen and their duties

and 12th Amendment

shall vote the same day throughout the United States
no senator or representative holding office under the U. S. shall serve as
Enumeration-See Census

and imports, duties on by States, to be payable into the Treasury of the
United States

1 10

Ex post facto Law, none shall be passed

1 9

Habeas Corpus, writ of, can only be suspended in cases of rebellion or invasion
House of Representatives-See Representatives.
House-See Senate.

Impeachment, all civil officers liable to

persons found guilty by, liable to indictment, and punishment for the

Importation of Slaves, until prohibited, a duty authorized on after 1808

Judges, shall hold their offices during good behaviour

the compensation of, shall not be diminished during continuance in office
Judicial Power, vested in a Supreme Court, and Courts inferior

the cases to which it extends

Judicial Proceedings—See Acts.

Jury Trial shall be held in the State where the crime shall have been committed
if the crime have not been committed within a State, the trial shall be
held at the place Congress shall have directed
Jury, trial by, secured, in prosecutions for all crimes, except in cases of impeachment
and in suits at common law where the value in controversy shall exceed $20
7th Amendment

Law, Supreme, the Constitution, the laws under it, and treaties declared to be
Legislative Powers, vested in Congress.-See Congress

Money shall be drawn from the Treasury, only by laws appropriating

Nobility, titles of, shall not be granted by the United States,

- 19 21

Officers of the Senate, except their President, shall be chosen by the Senate
civil, may be removed by impeachment
Order of one House, requiring the concurrence of the other.-See Resolution

Persons held to labor or service, their importation or migration into the United
States may be prohibited after 1808
escaping from one State to another, shall be delivered up to those entitled
to their service

Powers, not delegated, are reserved to the people, or, when not prohibited, to the

Presents, emoluments, office, or title, from a foreign king, prince, or state, to persons
holding offices of profit or trust, prohibited

President of the United States vested with the executive power

measures

may convene both Houses, or either House
may adjourn them in case of disagreement
shall receive ambassadors and public ministers
shall take care that the laws be faithfully executed
shall commission all officers of the United States
in case of death, &c. shall devolve on the Vice
President and on such other officer as may be pro-
vided by law

Privileges and immunities of citizens of States-See Citizens.
Property shall not be taken for public use without just compensation, 5th Amend.