ARTICLE XI.

JUDICIAL POWERS.

SECTION 1.

Limitation on.

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. Amendment, proposed 5th March, 1734; ratified 8th January, 1798.

Extent of restriction.-This provision was held to extend to all pending suits, as well as to future case, s1 but applies only to original suits, and not to appeals or writs of error; nor does it extend to suits of admiralty or maritime jurisdiction. The amendment is of necessity limited to those suits in which a State is a party to the record, or where the chief magistrate is sued in a claim upon him in his official character.5 The amendment provides that no suit shall be commenced or prosecuted against a State, and for those cases only. If the State be not necessarily a defendant, although its interest may be affected, this amendment does not apply. A State by becoming interested in a corporation lays down its sovereignty so far as respects the transactions of the corporation. So, a suit may be maintained against a corporation, although a State be a member thereof, 10 or even the sole corporator. A mere suggestion of title in the State to property in the possession of an individual will not prevent a Federal court from looking into the validity of the title; and if the court decides that the State has no title, the State cannot resist legal process in the case.12 Although an independent sovereign cannot be sued, 18 yet there is nothing in the Constitution to deprive a State court of jurisdiction over suits which it possessed before the Constitution was adopted.14 See Supplement, post, 325.

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1 Hollingsworth v. Virginia, 3 Dall. 378; Cohens v. Virginia, 6 Wheat. 294; Georgia v. Brailsford, 2 Dall. 402; 3 Dall. 1.

2 Cohens v. Virginia, 6 Wheat. 264.

3 Olmstead's Case, Bright. 9; Ex parte Madrazo, 7 Peters, 627.

4 Osborn v. Bank of United States, 9 Wheat. 733; Chisholm v. Geor. gia, 2 Dall. 419; Cherokee Nation v. Georgia, 5 Peters. 1; U. S. v. Peters, 8 Cranch, 115; Davis v. Gray, 16 Wall. 203; Olmstead's Case, Bright. 9; U.S. v. Bright, Bright. 19; Swasey v. N. C. R. R. Co. 1 Hughes, 1; 71 N. C. 571.

5 Governor of Ga. v. Madrazo, 1 Peters, 123.

6 U. S. v. Peters, 5 Cranch, 139; Osborn v. Bank of United States, 9 Wheat. 738.

7 Cohens v. Virginia, 6 Wheat. 264.

8 Fowler v. Lindsay, 3 Dall. 411; New York v. Connecticut, 4 Dall. 1; U. S. v. Peters, 5 Cranch, 139; Osborn v. Bank of United States, 9 Wheat. 738; Louisville &c. R. R Co. v. Letson, 2 How. 550.

9 Briscoe v. Bank of Kentucky, 11 Peters, 324; Dayton v. Bank of Alabama, 13 How. 12; Curran v. Arkansas, 15 How. 309.

10 Bank of United States v. Planters' Bank, 9 Wheat. 904; Louisville &c. R. R. Co. v. Letson, 2 How. 497.

11 Bank of Kentucky v. Wister, 2 Peters, 318; 3 Ibid. 431.

12 U. S. v. Peters, 5 Cranch, 115; Osborn v. Bank of United States, 9 Wheat. 738.

13 Osborn v. Bank of United States, 9 Wheat. 738.

14 Garr v. Bright, 1 Barb. Ch. 157.

ARTICLE XII.

ELECTION OF PRESIDENT AND VICE-PRESIDENT.
SECTION 1.

Manner of election, etc.

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 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

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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. The person having the greatest number of votes as VicePresident 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.

But no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States.

Amendment, ratified September 25th, 1804.

ARTICLE XIII.

SLAVERY.

SECTION 1.

Slavery prohibited.

Sec. 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.

This section was not intended to afford relief to parties unlawfully deprived of their liberty, its purpose is satisfied when such restraint is rendered illegal.1 The object of this provision was to deprive both Congress and the respective States of the power to reduce any persons to the condition of slavery or involuntary servitude, except as a punishment for crime.2 Servitude has a larger meaning than slavery.3. The utmost effect of this clause is to declare the colored as free as the white race-it gives the colored race nothing more than freedom. It is a positive declaration that slavery shall not exist.5 That personal servitude was meant is shown by the word "involuntary."6 Indenture of appenticeship in violation of State laws is an involuntary servitude within this provision.? Contracts relating to slaves, if valid when made, are not

DESTY FED. CON.-24.

impaired by this amendment. Emancipation made slaves citizens of the United States.9 So, emancipation under a. State constitution makes them citizens, 10 See post, 326.

1 People v. Brady, 40 Cal. 198.

2 People v. Washington, 28 Cal. 658.

3 Slaughter-House Cases, 16 Wall. 69; Matter of Turner, 1 Abb. 8.84.

4 Bowlin v. Commonwealth, 2 Bush, 5.

5 U. S. v. Cruikshank, 92 U. S. 543; 1 Woods, 308.

6 Slaughter-House Cases, 16 Wall. 74; Matter of Turner, 1 Abb. U. U. 84.

7 Matter of Turner, 1 Abb. U. S. 84.

8 Osborn v. Nicholson, 13 Wall. 654; 1 Dill. 219; White v. Hart, 13 Wall. 646; 39 Ga. 306; Boyce v. Tabb, 18 Wall. 540; McElvain v. Mudd, 44 Ala. 48; Roundtree v. Baker, 52 Ill. 241; Calhoun v. Calhoun, 2 Rich. N. S. 283; Hall v. Keese, 31 Tex. 504. But see Gautden v. Stoddard, 41 Ga. 329; Cherry v. Jones, 41 Ga. 579; Wainwright v. Bridges, 19 La. An. 234; Austin v. Sandel, Ibid. 309; Halley v. Hoeffner, Ibid. 518; Lytle v. Whicher, 21 La. An. 182; Rodrigues v. Bienvenu, 22 La. An. 300; Succession of Woodward, Ibid. 305.

9 U. S. v. Rhodes, 1 Abb. U. S. 28. 10 Matt. of Turner, 1 Abb. U. S. 84.

SECTION 2.

Sec. 2. Congress shall have power to enforce this article by appropriate legislation.

Amendment, proposed 1st Feb., 1865; declared ratified, 18th Dec., 1865. This clause authorizes Congress to pass such laws as are appropriate, but not to annul State laws, or control their operation.1 Legislation which practically tends to securing the full enjoyment of personal freedom is appropriate. A law which only permits the same class of persons to testify against a black man as are allowed to testify against a white man, in a matter where personal liberty is concerned, tends to enforce this amendment.8 Power to enforce this article by appropriate legislation imports nothing more than to uphold the emancipating section, and prevent a violation of the contemplated liberty of the enfranchised race.4 This clause does not authorize Congress to pass laws for the punishment of ordinary crimes and offenses against persons of the colored race-that belongs to the State government.5 See post, 326. 1 People v. Brady, 40 Cal. 198.

2 People v. Washington, 38 Cal. 658.

3 U. S. v. Rhodes, 1 Abb. U. S. 34; People v. Washington, 38 Cal. 658. But see Bowlin v. Commonwealth, 2 Bush, 5.

4 Bowlin v. Commonwealth, 2 Bush, 5.

5 U. S. v. Cruikshank, 92 U. S. 543; 1 Woods, 308.

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ARTICLE XIV.

CITIZENSHIP, REPRESENTATION, AND PUBLIC DEBT.
SECTION 1.

Who are citizens-rights of.

Sec. 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.

Citizens.-"Citizen" and "person" are synonymous terms, and this section refers to natural persons. An incorporated company is not a citizen of the United States, nor a person within the meaning of this section.2 "Citizen is entirely analogous to "subject" at common law. A person may be a citizen of the United States without being a citizen of any State. Women may be citizens.5 This section does not confer citizenship upon persons of foreign birth. The words "subject to the jurisdiction thereof" exclude the children of foreigners transiently within the United States, as ministers, consuls, or subjects of a foreign nation. This amendment does not in-. clude Indians or others not born in and subject to the jurisdiction of the United States; but an Indian, if taxed, after tribal relations have been abandoned, is a citizen. Colored persons equally with whites are citizens, 10 but an escaped slave, resident of Canada, or his children, are not citizens. This section recognizes the difference between citizens of the United States and citizens of the State. 12 The main purpose of this amendment was to establish the citizenship of the negro.13 This clause applies only to citizens removing from one State to another. 14 See post, 326. 1 People v. C. & A. R. R. Co. 6 Chic. L. N. 280.

2 Insurance Co. v. New Orleans, 1 Woods, 85.

3 U. S. v. Rhodes, 1 Abb. U. S. 39; North Carolina v. Manuel, 4 Dev. & B. 20; McKay v. Campbell, 2 Sawy. 129.

4 Slaughter-House Cases, 16 Wall. 74; U. S. v. Cruikshank, 92 U. S. 543; 1 Woods, 308; Cully v. Baltimore &c. R. R. Co. 1 Hughes, 536. 5 Miner v. Happersett, 21 Wall. 162.

6 Van Valkenburg v. Brown, 43 Cal. 43.

7 Slaughter-House Cases, 1 Abb. N. C. 73.