CONSTITUTION OF THE UNITED STATES. 49

prosecuted against one of the United States by Citizens of
another State, or by Citizens or Subjects of any Foreign State.

State of Georgia v. Brailsford et al., 2 Dall 402 Chisholm, ex . v State
of Georgia, 2 Dall. 419. Hollingsworth et al v. Virginia, 3 Dall 378.
Cohen v Virginia, 6 Wh 264 Osborn v United States Bank, 9 Wh. 738.
United States v. The Planters' Bank, 9 Wh. 904. The Governor of Georgia
v. Juan Madrazo, 1 Pet. 110. Cherokee Nation v. State of Georgia, 5 Pet
1 Briscoe v. The Bank of the Commonwealth of Kentucky, 11 Pet. 257.
Curran v State of Arkansas et al, 15 How. 304. New Hampshire v
Louisiana, 108 U. S 76. Virginia Coupon Cases, 114 U S. 270 Hagood v
Southern, 117 U S. 52. In re Ayres, 123 U S. 443 Lincoln County v.
Luning, 133 U. S 529. Coupon Cases, 135 U. S. 662. Penuoyer v McCon-
naughy, 140 U S. 1 In re Taylor, 149 U S. 164. Reagan v. Farmers'
Loan and Trust Co., 154 U. S. 362. Reagan v Mercantile Trust Co., 154
U. S 413. Scott v Donald, 165 U. S. 58. Tindal v. Wesley, 167 U S. 204.
Smyth v. Ames, 169 U. S. 466. Pitts v. McGhee, 172 U. S. 516. Prout v
Starr, 188 U. S. 537.

ARTICLE XII.*

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 them-
selves; 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 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 exceed-
ing three on the list of those voted for as President, the House

* The twelfth amendment to the Constitution of the United States was
proposed to the legislatures of the several States by the Eighth' Congress,
on the 12th of December, 1803, in lieu of the original third paragraph of
the first section of the second article, and was declared in a proclamation
of the Secretary of State, dated the 25th of September, 1804, to have been
ratified by the legislatures of three-fourths of the States
4