Page:1887 Compiled Laws of Dakota Territory.pdf/33

 served; and no fact, tried by a jury, shall be otherwise re-examined in any court of the United States than according to the rules of the common law.

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

The enumeration, in the con titution, of certain rights, shall not be construed to deny or disparage others retained by the people.

The powers not delegated to the United States by the constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.

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.

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 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 vice­-president shall be the vice-president, if such number be a majority of the whole number of electors appointed; and if no­