nited States by the constitution, nor prohibited by it
to the states are reserved to the states respectively, or to the
people." In other words the powers which the constitution has not given
to the general government, nor prohibited the states from exercising,
the states or the people have reserved to themselves. So clear is it,
that they retain all power which they have not in words parted with,
that it seems strange to many that the insertion of such a provision
should ever have been thought necessary.
Sec.11. The eleventh amendment was proposed at the first session of the
third congress, March 5, 1794, and its ratification by the
constitutional number of states was announced to congress by the
president in a message dated January 8, 1798. This article prohibits a
court of the United States from trying "any suit in law or equity
commenced or prosecuted against one of the states by citizens of another
state, or by citizens or subjects of any foreign state." This is
intended to prevent a state from being sued in an original suit, by a
private person, the citizen of another state.
Sec.12. The twelfth and last amendment effects a change in the mode of
electing the president and vice-president, and has been considered.
(Chap. XXXIX, Sec.4.) This amendment was proposed at the first session of
the eighth congress, December 12, 1803, and was adopted by the requisite
number of states in 1804, according to a public notice by the secretary
of state, dated the 25th of September of the same year.
Common and Statutory Law.
Chapter XLVII.
Rights of Persons. Personal Security; Personal Liberty; Religious
Liberty; Liberty of Speech, and of the Press; Right of Property.
Sec.1. Having taken a general view of the state governments and the
government of the United States, and seen how wisely they are adapted to
promote the general welfare and secure the blessings of liberty; we
proceed to give a digest of the laws which more particularly define the
rights and prescribe the duties of citizens, or by which their social
and civil intercourse is to be regulated. These laws, it will be
recollected, we have elsewhere called the _municipal_ or _civil_ laws,
as distinguished from the _political_ or _fundamental_ law of the state.
(Chap. III, Sec.6.)
Sec.2. These laws are of two kinds, the written or statute law, and the
unwritten or common law. _Statute laws_ are those which are enacted by
the legislature, and re
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