Limitation of the judicial power. Election of President and Vice President of the U. S. stitution, nor prohibited by it to the States, are reserved to the States respectively or to the people. ART. XI. The judicial power of the United States shall not be construed to extend to any suit in law or equity commenced or prosecuted against one of the United States by citizens of another State, or by citizens or subjects of any foreign State. (a) ART. XII. § 1.(b) 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 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 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. 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 two thirds of the whole number of Senators, and a majority of the whole number shall be necessary to a choice. 3. But no person constitutionally ineligible to the office of President shall be eligible to that of Vice President of the United States. (a) The amendment to the Constitution by which the judicial power was declared not to extend to any suit commenced or prosecuted by a citizen or citizens of another State, or by foreign subjects against a State, prevented the exercise of jurisdiction in any case past or future. Hollingsworth v. The State of Virginia, 3 Dall. 378; 1 Cond. Rep. 169. (b) This amendment was proposed in October, 1803, and was ratified before September, 1804. THE LAWS OF THE UNITED STATES. ACTS OF THE FIRST CONGRESS OF THE UNITED STATES, Passed at the first session, which was begun and held at the City of New GEORGE WASHINGTON, President, JOHN ADAMS, Vice President of the STATUTE I. CHAPTER I.—An Act to regulate the Time and Manner of administering certain Oaths. SEC. 1. Be it enacted by the Senate and [House of Representatives of the United States of America in Congress assembled, That the oath or affirmation required by the sixth article of the Constitution of the United States, shall be administered in the form following, to wit: "I, A. B. do solemnly swear or affirm (as the case may be) that I will support the Constitution of the United States." The said oath or affirmation shall be administered within three days after the passing of this act, by any one member of the Senate, to the President of the Senate, and by him to all the members and to the secretary; and by the Speaker of the House of Representatives, to all the members who have not taken a similar oath, by virtue of a particular resolution of the said House, and to the clerk and in case of the absence of any member from the service of either House, at the time prescribed for taking the said oath or affirmation, the same shall be administered to such member, when he shall appear to take his seat. SEC. 2. And be it further enacted, That at the first session of Congress after every general election of Representatives, the oath or affirmation aforesaid, shall be administered by any one member of the House of Representatives to the Speaker; and by him to all the members present, and to the clerk, previous to entering on any other business; and to the members who shall afterwards appear, previous to taking their seats. The President of the Senate for the time being, shall also administer the said oath or affirmation to each Senator who shall hereafter be elected, previous to his taking his seat and in any future case of a President of the Senate, who shall not have taken the said oath or affirmation, the same shall be administered to him by any one of the members of the Senate. : SEC. 3. And be it further enacted, That the members of the several State legislatures, at the next sessions of the said legislatures, respectively, and all executive and judicial officers of the several States, who have been heretofore chosen or appointed, or who shall be chosen or By whom the oaths or affirmaadministered in tions shall be the several States. To all officers of the U. States appointed, or to be appointed, before they act. Oath of se cretary of the of the House of Representatives. Senate and clerk appointed before the first day of August next, and who shall then be in office, shall, within one month thereafter, take the same oath or affirmation, except where they shall have taken it before; which may be administered by any person authorized by the law of the State, in which such office shall be holden, to administer oaths. And the members of the several State legislatures, and all executive and judicial officers of the several States, who shall be chosen or appointed after the said first day of August, shall, before they proceed to execute the duties of their respective offices, take the foregoing oath or affirmation, which shall be administered by the person or persons, who by the law of the State shall be authorized to administer the oath of office; and the person or persons so administering the oath hereby required to be taken, shall cause a record or certificate thereof to be made, in the same manner, as, by the law of the State, he or they shall be directed to record or certify the oath of office. SEC. 4. And be it further enacted, That all officers appointed, or hereafter to be appointed under the authority of the United States, shall, before they act in their respective offices, take the same oath or affirmation, which shall be administered by the person or persons who shall be authorized by law to administer to such officers their respective oaths of office; and such officers shall incur the same penalties in case of failure, as shall be imposed by law in case of failure in taking their respective oaths of office. SEC. 5. And be it further enacted, That the secretary of the Senate, and the clerk of the House of Representatives for the time being, shall, at the time of taking the oath or affirmation aforesaid, each take an oath or affirmation in the words following, to wit: "I, A. B. secretary of the Senate, or clerk of the House of Representatives (as the case may be) of the United States of America, do solemnly swear or affirm, that Í will truly and faithfully discharge the duties of my said office, to the best of my knowledge and abilities." APPROVED, June 1, 1789. STATUTE I. July 4, 1789. [Repealed.] Act of August sec. 1 and 2. CHAP. II.-An Act for laying a Duty on Goods, Wares, and Merchandises imported into the United States. (a) SEC. 1. Whereas it is necessary for the support of government, for the discharge of the debts of the United States, and the encouragement and protection of manufactures, that duties be laid on goods, wares and merchandises imported : (b) Be it enacted by the Senate and House of Representatives of the 10, 1790, ch. 39, United States of America in Congress assembled, That from and after the first day of August next ensuing, the several duties hereinafter mentioned shall be laid on the following goods, wares and merchandises imported into the United States from any foreign port or place, that is to say: (a) Duty Acts. Act of July 4, 1789, chap. 2; act of August 4, 1790, chap. 35; act of June 5, 1794, chap. 51; act of January 29, 1795, chap. 17; act of March 3, 1797, chap. 10; act of May 13, 1800, chap. 66; act of March 27, 1804, chap. 57; act of June 7, 1794, chap. 54; act of January 29, 1795, chap. 17; act of March 27, 1804, chap. 46; act of July 8, 1797, chap. 15; act of May 7, 1800, chap. 43; act of March 27, 1804, chap. 57; act of July 1, 1812, chap. 112; act of February 25, 1813, chap. 30; act of August 2, 1813, chap. 38; act of April 27, 1816, chap. 107; act of January 14, 1817, chap. 3; act of April 20, 1818, chap. 107; act of April 20, 1818, chap. 98; act of May 21, 1824, chap. 136; act of May 19, 1828, chap. 55; act of May 24, 1828, chap. 103; act of May 28, 1830, chap. 147; act of July 14, 1832, chap. 227; act of March 2, 1833, chap. 62; act of September 11, 1841, chap. 24; act of August 30, 1842, chap. 270. (b) The powers of Congress to levy and collect taxes, duties, exposts and excises, is co-extensive with the United States. Loughborough v. Blake, 5 Wheat. 317; 4 Cond. Rep. 660. On all distilled spirits of Jamaica proof, imported from any kingdom or country whatsoever, per gallon, ten cents. On all other distilled spirits, per gallon, eight cents. On Madeira wine, per gallon, eighteen cents. On all other wines, per gallon, ten cents. On every gallon of beer, ale or porter in casks, five cents. On all cider, beer, ale or porter in bottles, per dozen, twenty cents. On malt, per bushel, ten cents. On brown sugars, per pound, one cent. On loaf sugars, per pound, three cents. On all other sugars, per pound, one and a half cents. On coffee, per pound, two and a half cents. On cocoa, per pound, one cent. On all candles of tallow, per pound, two cents. On all candles of wax or spermaceti, per pound, six cents. On cheese, per pound, four cents. On soap, per pound, two cents. On boots, per pair, fifty cents. On all shoes, slippers or goloshoes made of leather, per pair, seven cents. On cables, for every one hundred and twelve pounds, seventy-five cents. On untarred ditto, and yarn, for every one hundred and twelve pounds, ninety cents. On twine or packthread, for every one hundred and twelve pounds, two hundred cents. On all steel unwrought, for every one hundred and twelve pounds, fifty six cents. On all nails and spikes, per pound, one cent. On salt, per bushel, six cents. On manufactured tobacco, per pound, six cents. On snuff, per pound, ten cents. On indigo, per pound, sixteen cents. On wool and cotton cards, per dozen, fifty cents. On coal, per bushel, two cents. On pickled fish, per barrel, seventy-five cents. On dried fish, per quintal, fifty cents. Specific duties on certain enumerated ar ticles. On all teas imported from China or India, in ships built in the United States, and belonging to a citizen or citizens thereof, or in ships or ported from Invessels built in foreign countries, and on the sixteenth day of May last wholly the property of a citizen or citizens of the United States, and so continuing until the time of importation, as follows: On teas im dia or China. On bohea tea, per pound, six cents. On all souchong, or other black teas, per pound, ten cents. On all other green teas, per pound, twelve cents. On teas im rope. On all teas imported from Europe in ships or vessels built in the United States, and belonging wholly to a citizen or citizens thereof, or ported from Eu. in ships or vessels built in foreign countries, and on the sixteenth day of May last wholly the property of a citizen or citizens of the United States, and so continuing until the time of importation, as follows: On bohea tea, per pound, eight cents. On all souchong, and other black teas, per pound, thirteen cents. On all other green teas, per pound, sixteen cents. On all other goods imported China, 12 per centum ad valo from India or rem. On other enu merated articles, 10 per cen. tum ad valorem. On other enumerated arti cles, 74 per ct. ad valorem. On all other goods, except certain articles, 5 per cent. on the value at the time and place of importation. Duty on hemp and cotton imported after the 1st Dec. 1790. Drawback al On all teas imported, in any other manner than as above mentioned, as follows: On bohea tea, per pound, fifteen cents. On all souchong, or other black teas, per pound, twenty-two cents. On all other green teas, per pound, twenty-seven cents. On all goods, wares and merchandises, other than teas, imported On all China, stone and earthern ware, On all paints ground in oil, On shoe and knee buckles, On gold and silver lace, and On gold and silver leaf, On all blank books, On all writing, printing or wrapping paper, paper-hangings and On all cabinet wares, On all buttons, On all saddles, On all gloves of leather, On all hats of beaver, fur, wool, or mixture of either, On all millinery ready made, On all castings of iron, and upon slit and rolled iron, On all leather tanned or tawed, and all manufacture of leather, On canes, walking sticks and whips, On clothing ready made, On all brushes, On gold, silver, and plated ware, and on jewelry and paste work, On playing cards, per pack, ten cents. On every coach, chariot or other four wheel carriage, Ten per centum ad valorem. fifteen per centum ad valorem. On all other goods, wares and merchandise, five per centum on the value thereof at the time and place of importation, except as follows: saltpetre, tin in pigs, tin plates, lead, old pewter, brass, iron and brass wire, copper in plates, (a) wool, cotton, dyeing woods and dyeing drugs, raw hides, beaver, and all other furs, and deer skins. SEC. 2. And be it further enacted by the authority aforesaid, That from and after the first day of December, which shall be in the year one thousand seven hundred and ninety, there shall be laid a duty on every one hundred and twelve pounds, weight of hemp imported as aforesaid, of sixty cents; and on cotton per pound, three cents. SEC. 3. And be it [further enacted by the authority aforesaid, That all lowed for the the duties paid, or secured to be paid upon any of the goods, wares and exported within merchandises as aforesaid, except on distilled spirits, other than brandy and geneva, shall be returned or discharged upon such of the said goods, duties on goods 12 months. (a) Round copper in bars, and copper plates turned up at the edges, are not subject to duty under this act, or under the act of August 10, 1790, and the act of May 2, 1792; by which "copper in plates, and copper in pigs and bars," is exempted from duty. United States v. Kidd & Watson, 4 Cranch, 1; 2 Cond. Rep. 1. |