Part 9

"That upon the facts agreed to by the parties, they ought to find for the plaintiff. The court refused to give such instruction to the jury, and the plaintiff, to such refusal, then and there duly excepted."

The court then gave the following instruction to the jury, on motion of the defendant:

"The jury are instructed, that upon the facts in this case, the law is with the defendant." The plaintiff excepted to this instruction.

Upon these exceptions, the case came up to this court.

It was argued at December term, 1855, and ordered to be reargued at the present term.

The opinion of the court, as delivered by Chief Justice Taney, being so lengthy, we omit all but the summing up, to wit:

Upon the whole, therefore, it is the judgment of this court, that it appears by the record before us, that the plaintiff in error is not a citizen of Missouri, in the sense in which that word is used in the Constitution; and that the Circuit Court of the United States, for that reason, had no jurisdiction in the case, and could give no judgment in it. Its judgment for the defendant must, consequently, be reversed, and a mandate issued, directing the suit to be dismissed for want of jurisdiction.

PRESIDENTS AND VICE-PRESIDENTS OF THE UNITED STATES.

WITH THE VOTE FOR EACH CANDIDATE FOR OFFICE.

BEFORE THE REVOLUTION.

FIRST CONGRESS, Sept. 5, 1774. Peyton Randolph, of Virginia, President. Born in Virginia, in 1723, died at Philadelphia, Oct. 22, 1785. Charles Thomson, of Pennsylvania, Secretary. Born in Ireland, 1730, died in Pennsylvania, Aug. 16, 1824.

SECOND CONGRESS, May 10, 1775. Peyton Randolph, President. Resigned May 24, 1775.

John Hancock, of Massachusetts, elected his successor. He was born at Quincy, Mass., 1737, died Oct. 8, 1793. He was President of Congress until October, 1777.

Henry Laurens, of South Carolina, President from Nov. 1, 1777, to Dec. 1778. He was born at Charleston, S.C., 1724, died in South Carolina, Dec, 1792.

John Jay, of New York, President from Dec. 10, 1778, to Sept. 27, 1779. He was born in New York City, Dec. 12, 1745, died at New York, May 17, 1829.

Samuel Huntingdon, of Connecticut, President from Sept. 28, 1779, until July 10, 1781. He was born in Connecticut, in 1732, died 1796.

Thos. McKean, of Pennsylvania, President from July 1781, until Nov. 5, 1781. He was born in Pennsylvania, March 19, 1734, died at Philadelphia, June 24, 1817.

John Hanson, of Maryland, President from Nov. 5, 1781, to Nov. 4, 1782.

Elias Boudinot, of New Jersey, President from Nov. 4, 1782, until Feb. 4, 1783. He was born at Philadelphia, May 2, 1740, died 1824.

Thomas Mifflin, of Pennsylvania, President from Feb. 4, 1783, to Nov. 30, 1784. Born at Philadelphia, 1744, died in the same city, Jan. 21, 1800.

Richard Henry Lee, of Virginia, President from Nov. 30, 1784, to Nov. 23, 1785. He was born in Virginia, 1732, died 1794.

John Hancock, of Massachusetts, President from Nov. 23, 1785, to June 6, 1786.

Nathaniel Gorham, of Massachusetts, President from June 6, 1786, to Feb. 2, 1787. He was born at Charlestown, Mass., 1738, died June 11, 1796.

Arthur St. Clair, of Pennsylvania, President from Feb. 2, 1787, to Jan. 28, 1788. He was born in Edinburgh, Scotland,----, died in 1818.

Cyrus Griffin, of Virginia, President from Jan. 28, 1788, to the end of the Congress under the Confederation, March 3, 1789. He was born in England, 1748, died in Virginia, 1810.

UNDER THE CONSTITUTION.

1789 to 1793.--George Washington, of Virginia, inaugurated as President of the United States, April 30, 1789. He was born upon Wakefield estate, Virginia, Feb. 22, (11th old style,) 1732, died at Mount Vernon, Dec. 14, 1799.

John Adams, of Massachusetts, Vice-President. Born at Braintree, Mass., Oct. 19, 1735, died July 4, 1826, near Quincy, Mass.

ELECTORAL VOTE.--Geo. Washington, 69; John Adams, 34; John Jay, New York, 9; R.H. Harrison, Maryland, 6; John Rutledge, South Carolina, 6; John Hancock, Massachusetts, 4; Geo. Clinton, New York, 3; Sam'l Huntingdon, Connecticut, 2; John Milton, Georgia, 2; James Armstrong, Georgia, 1; Edward Telfair, Georgia, 1; Benj. Lincoln, Massachusetts, 1--Total, 69. Ten States voted,--Rhode Island, New York, and North Carolina not voting, not having ratified the Constitution in time.

1793 to 1797.--George Washington, President, inaugurated March 4, 1793.

John Adams, Vice-President.

ELECTORAL VOTE.--Geo. Washington, 132; John Adams, 77; Geo. Clinton, 50; Thos. Jefferson, Virginia, 4; Aaron Burr, New York, 1.--Total, 132. Fifteen States voted.

1797 to 1801.--John, Adams President, inaugurated March 4, 1797.

Thomas Jefferson, of Virginia, Vice-President. Born at Shadwell, Virginia, April 13, 1743, died at Monticello, Virginia, July 4, 1826.

ELECTORAL VOTE.--John Adams, 71; Thomas Jefferson, 68; Thomas Pinckney, South Carolina, 59; Aaron Burr, 30; Sam'l Adams, Massachusetts, 15; Oliver Ellsworth, Connecticut, 11; Geo. Clinton, 7; John Jay, 5; James Iredell, North Carolina, 3; George Washington, 2; John Henry, Maryland, 2; S. Johnson, North Carolina, 2; Charles C. Pinckney, South Carolina, 1.--Total 138. Sixteen States voting.

1801 to 1805.--Thomas Jefferson, President, inaugurated March 4, 1801.

Aaron Burr, of New York Vice-President. Born at Newark, N.J., Feb. 6, 1756, died at Staten Island, N.Y., Sept. 14, 1836.

ELECTORAL VOTE.--Thos. Jefferson, 73; Aaron Burr, 73; John Adams, 65; Chas. C. Pinckney, 64; John Jay 1.--Total, 13. Sixteen States voting.

There was no choice by the Electoral colleges, and the election was carried into the House of Representatives, and upon the 36th ballot, ten States voted for Jefferson, four States for Aaron Burr, and two States in blank. Jefferson was declared to be elected President, and Burr Vice-President. The Constitution was then amended, so that the Vice-President was voted for separately, instead of being the second on the vote for President.

1805 to 1809.--Thomas Jefferson, President, inaugurated March 4, 1805.

George Clinton, of New York, Vice-President. He was born in Ulster county, N.Y., 1739, died in Washington, D.C., April 20, 1812.

ELECTORAL VOTE.--For President, Thos. Jefferson, 162; Chas. Cotesworth Pinckney, 14.--Total, 176. Seven States voting. For Vice-President, George Clinton, 162; Rufus King, New York, 14.

1809 to 1813.--James Madison, of Virginia, President, inaugurated March 4, 1809. He was born March 16, 1751, in Prince George county, Va., and died at Montpelier, Va., June 28, 1836.

George Clinton, of New York, Vice-President, until his death, April 20, 1812.

ELECTORAL VOTE.--For President, James Madison, 122; Geo. Clinton, 6; C.C. Pinckney, 47.--Total, 175. Seventeen States voting. For Vice-President, George Clinton, 113; James Madison, 3; James Monroe, Virginia, 3; John Langdon, New Hampshire, 9; Rufus King, New York, 47.

1813 to 1817.--James Madison, of Virginia, President, inaugurated March 4, 1813.

Elbridge Gerry, of Massachusetts, Vice-President, until his death, Nov. 23, 1814. He was born at Marblehead, Mass., July 17, 1744, and died at Washington, D.C.

ELECTORAL VOTE.--For President, James Madison, 128; De Witt Clinton, New York, 89.--Total, 217. Eighteen States voting. For Vice-President, Elbridge Gerry, 131; Jared Ingersoll, Pa., 86.

1817 to 1821.--James Monroe, of Virginia, President, inaugurated March 4, 1817. He was born in Westmoreland county, Va., 1759, and died in New York, July 4, 1831.

Daniel D. Tompkins, of New York, Vice-President. Born June 21, 1774, at Fox Meadows, N.Y., and died at Staten Island, June 11, 1825.

ELECTORAL VOTE.--For President, James Monroe, 183; Rufus King, 34.--Total, 221. Nineteen States voting. For Vice-President, Daniel D. Tompkins, 183; John Eager Howard, Maryland, 22; James Ross, Pennsylvania, 5; John Marshall, Virginia, 4; Robt. Goodloe Harper, Maryland, 3.

1821 to 1825.--James Monroe, President, inaugurated March 4, 1821.

Daniel D. Tompkins, Vice-President.

ELECTORAL VOTE.--For President, James Monroe, 231; John Quincy Adams, Massachusetts, 1.--Total, 232. Twenty-four States voting. For Vice-President, Daniel D. Tompkins, 218; Richard Stockton, New Jersey, 8; Robert G. Harper, 1; Richard Rush, Pennsylvania, 1; Daniel Rodney, Delaware, 1.

1825 to 1829.--John Quincy Adams, of Massachusetts, President, inaugurated March 4, 1825. He was born at Quincy, Massachusetts, July 11, 1767, and died at Washington City, Feb. 23, 1848.

John Caldwell Calhoun, of South Carolina, Vice-President. Born in Abbeville district, S.C., March 18, 1782, and died March 31, 1850, in Washington City.

POPULAR VOTE.--For President, John Quincy Adams, 105,321; Andrew Jackson, Tennessee, 152,899; Wm. H. Crawford, Georgia, 47,265; Henry Clay, Kentucky, 47,087.

ELECTORAL VOTE.--For President Andrew Jackson, 99; John Quincy Adams, 84; Wm, H. Crawford, 41; Henry Clay, 37.--Total, 261. Twenty-four States voting.

There being no choice by the Electoral colleges, the vote was taken into the House of Representatives. Adams received the votes of thirteen States, Jackson seven, and Crawford four. John Quincy Adams was therefore declared elected President.

For Vice-President, the Electoral vote was John C. Calhoun, South Carolina, 182; Nathan Sanford, New York, 30; Nathaniel Macon, Georgia, 24; Andrew Jackson, Tennessee, 13; Martin Van Buren, New York, 9; Henry Clay, Kentucky, 2.

1829 to 1833.--Andrew Jackson, of Tennessee, President, inaugurated March 4, 1829. He was born in Mecklenburg county, N.C., March 15, 1767, and died at the Hermitage, Tenn., June 8, 1845.

John Caldwell Calhoun, Vice-President, until his resignation, Dec. 28, 1832.

POPULAR VOTE.--For President, Andrew Jackson, 650,028; John Quincy Adams, 512,158.

ELECTORAL VOTE.--For President, Andrew Jackson, 178; J.Q. Adams, 83.--Total, 261. Twenty-four States voting.

For Vice-President, John C. Calhoun, 171; Richard Rush, Pennsylvania, 83; Wm, Smith, South Carolina, 7.

1833 to 1837.--Andrew Jackson, President, inaugurated March 4, 1833.

Martin Van Buren, of New York, Vice-President. He was born at Kinderhook, N.Y., Dec. 5, 1782.

POPULAR VOTE.--For President, Andrew Jackson, 687,502; Henry Clay, 550,189; Opposition, (John Floyd, Virginia, and Wm. Wirt, Maryland,) 33,108.

ELECTORAL VOTE.--For President, Andrew Jackson, 219; Henry Clay, 49; John Floyd, 11; Wm. Wirt, 7.--Total 288. Twenty-four States voting.

For Vice-President, Martin Van Buren, 189; John Sergeant, Pennsylvania, 49; William Wilkins, Pennsylvania, 30; Henry Lee, Massachusetts, 11; Amos Ellmaker, Pennsylvania, 7.

1837 to 1841.--Martin Van Buren, President, inaugurated March 4, 1837.

Richard M. Johnson, of Kentucky, Vice-President. He was born in 1780, and died Nov. 19, 1850.

POPULAR VOTE.--For President, Martin Van Buren, 762,149; Opposition, (Wm. H. Harrison, Hugh L. White, Daniel Webster, W.P. Mangum,) 736,736.

ELECTORAL VOTE.--For President, Martin Van Buren, 170; Wm. H. Harrison, Ohio, 73; Hugh L. White, Tennessee, 26; Daniel Webster, Massachusetts, 14; W.P. Mangum, 11.--Total, 294. Twenty-six States voting.

For Vice-President, Richard M. Johnson, Kentucky, 147; Francis Granger, New York, 77; John Tyler, Virginia, 47; Wm. Smith, Alabama, 23.

1841 to 1845--Wm. Henry Harrison, of Ohio, President, until his death, at Washington, April 4, 1841. He was inaugurated March 4, 1841. He was born in Berkeley county, Va., Feb. 9, 1773.

John Tyler, of Virginia, Vice-President. He was born April, 1790, at Greenway, Charles City county, Va.

John Tyler, of Virginia, became President by the death of W.H. Harrison. He took the oath of office April 6, 1841.

POPULAR VOTE.--Nov. 1840.--For President, Wm. Henry Harrison, 1,274,783; Martin Van Buren, 1,128,702; James G. Birney, New York, (Abolition,) 7,609.

ELECTORAL VOTE.--For President, W.H. Harrison, 234; M. Van Buren, 60.--Total, 294. Twenty-six States voting.

For Vice-President, John Tyler, 234; Richard M. Johnson, 48; L.W. Tazewell, South Carolina, 11; James K. Polk, Tennessee, 1.

1845 to 1849.--James Knox Polk, of Tennessee, President, inaugurated March 4, 1845. He was born in Mecklenburg county, North Carolina, Nov. 2, 1795, and died at Nashville, Tennessee, June 15, 1849.

George Mifflin Dallas, of Pennsylvania, Vice-President. Born in Philadelphia, July 10, 1792.

POPULAR VOTE.--For President, James K. Polk, 1,335,834; Henry Clay, 1,297,033; James G. Birney, 62,290.

ELECTORAL VOTE.--For President, James K. Polk, 170; Henry Clay, 105.--Total, 275. Twenty-six States voting.

For Vice-President, George M. Dallas, 170; Theodore Frelinghuysen, of New Jersey, 105.

1849 to 1853.--Zachary Taylor, of Louisiana, President, inaugurated March 4, 1849. Born in Virginia, 1784, died in Washington City, July 9, 1850.

Millard Fillmore, of New York, Vice-President. Born in Locke township, Cayuga county, N.Y., Jan. 7, 1800.

Millard Fillmore, President, after the death of Zachary Taylor, July 9, 1850. He took the oath of office, July 10, 1850.

POPULAR VOTE.--For President, Zachary Taylor, 1,362,031; Lewis Cass, of Michigan, 1,222,445; Martin Van Buren, (Free-Soil,) 291,455.

ELECTORAL VOTE.--For President, Zachary Taylor, 163; Lewis Cass, 127.--Total, 290. Thirty States voting.

For Vice-President, Millard Fillmore, 163; William O. Butler, Kentucky, 127.

1853 to 1857.--Franklin Pierce, of New Hampshire, President, inaugurated March 5, 1853. He was born at Hillsboro, N.H., Nov. 23, 1804.

William R. King, of Alabama, Vice-President. He was born in North Carolina, April 7, 1786, died at Cahawba, Ala., April 18, 1853.

POPULAR VOTE.--For President, Franklin Pierce, 1,590,490; Winfield Scott, 1,378,589; John P. Hale, New Hampshire, (Abolition,) 157,296.

ELECTORAL VOTE.--For President, Franklin Pierce, 254; Winfield Scott of New Jersey, 42.--Total, 296. Thirty-one States voting.

For Vice President, Wm. R. King, 254; Wm. A. Graham, North Carolina, 42.

1857 to 1861.--James Buchanan, of Pennsylvania, President. He was born at Stony Batter, Franklin county, Penn., April 22, 1791.

John C. Breckenridge, of Kentucky, Vice-President. Born near Lexington, Kentucky, Jan. 21, 1820.

POPULAR VOTE.--For President, James Buchanan, (Democratic.) 1,832,232; John C. Fremont, California, (Republican,) 1,341,514; Millard Fillmore, New York, (American,) 874,707.

ELECTORAL VOTE.--For President, James Buchanan, 174; John C. Fremont, 109; Millard Fillmore, 8.--Total, 291. Thirty-one States voting.

For Vice-President, John Breckenridge, 174; Wm. L. Dayton, New Jersey, 109; A.J. Donelson, Tennessee, 8.--Total, 291.

1861 to 1865.--Abraham Lincoln, of Illinois, President, inaugurated March 4, 1861. He was born near Muldraugh's Hill, Hardin county, Ky., Feb. 1809.

Hannibal Hamlin, of Maine, Vice-President. He was born at Paris, Oxford county, Me., Aug. 27, 1809.

POPULAR VOTE.--For President, Abraham Lincoln, (Republican,) 1,857,610; Stephen A. Douglas, of Illinois, (Democratic,) 1,365,976; John C. Breckenridge, of Kentucky, (Democratic,) 847,953; John Bell, of Tennessee, (Constitutional Union,) 590,631.

ELECTORAL VOTE.--For President, Abraham Lincoln, 180; John C. Breckinridge, 72; John Bell, 39; Stephen A. Douglas, 12.--Total, 291. Thirty-three States voting.

For Vice-President, Hannibal Hamlin, Maine, 180; Joseph Lane, Oregon, 72; Edward Everett, Massachusetts, 39; Herschel V. Johnson, Georgia, 12.

1865 to 1869.--Abraham Lincoln, President, inaugurated March 4, 1865.

Andrew Johnson, of Tennessee, Vice-President.

POPULAR VOTE.--For President, Abraham Lincoln, (Republican,) 3,213,035; George B. McClellan, (Democrat,) 1,811,754.

Upon the assassination of President Lincoln, April 14, 1865, Andrew Johnson, then Vice-President, assumed the Presidency, and Lafayette S. Foster, of Norwich, Conn., President of the Senate, became Vice-President.

POPULAR NAMES OF STATES.

Virginia, the Old Dominion. Massachusetts, the Bay State. Maine, the Border State. Rhode Island, Little Rhody. New York, the Empire State. New Hampshire, the Granite State. Vermont, the Green Mountain State. Connecticut, the Land of Steady Habits. Pennsylvania, the Keystone State. North Carolina, the Old North State. Ohio, the Buckeye State. South Carolina, the Palmetto State. Michigan, the Wolverine State. Kentucky, the Corn-Cracker. Delaware, the Blue Hen's Chicken. Missouri, the Puke State. Indiana, the Hoosier State. Illinois, the Sucker State. Iowa, the Hawkeye State. Wisconsin, the Badger State. Florida, the Peninsular State. Texas, the Lone Star State.

BATTLES OF THE REVOLUTION.

The following statistics show the losses of life in the various battles of the American Revolution, also the dates of the several battles:

British American Loss. Loss.

Lexington, April 15, 1775 273 84 Bunker Hill, June 17, 1775 1054 456 Flatbush, August 12, 1776 400 200 White Plains, August 26, 1776 400 400 Trenton, December 25, 1776 1000 9 Princeton, January 5, 1777 400 100 Hubbardstown, August 17, 1777 800 800 Bennington, August 16, 1777 800 100 Brandywine, September 11, 1777 500 1100 Stillwater, September 17, 1777 600 350 Germantown, October 5, 1777 600 1250 Saratoga, October 17, 1777[A] 5752 .... Red Hook, October 22, 1777 500 32 Monmouth, June 25, 1778 400 130 Rhode Island, August 27, 1778 260 214 Briar Creek, March 30, 1779 13 400 Stony Point, July 15, 1779 600 100 Camden, August 16, 1779 375 610 King's Mountain, October 1, 1780 950 66 Cowpens, January 17, 1781 800 72 Guilford C.H., March 15, 1781 532 400 Hobkirk's Hill, April 25, 1781 400 460 Eutaw Springs, September, 1781 1000 550 Yorktown, October, 1781[A] 7072 ....

Total 25,481 7913

[A] Surrendered.

NEUTRALITY LAW OF THE UNITED STATES,

AS AMENDED AND APPROVED BY CONGRESS, JULY 26, 1866.

A Bill more effectually to preserve the neutral relations of the United States.

_Be it enacted, &c._, That if any citizen of the United States shall, within the territory or jurisdiction thereof, accept and exercise a commission to serve a foreign prince, State, colony, district, or people in war by land or by sea against any prince, State, colony, district or people with whom the United States are at peace, the person so offending shall be deemed guilty of a misdemeanor, and shall on conviction thereof be punished by a fine of not exceeding $2,000 and imprisonment not exceeding two years, or either, at the discretion of the Court in which such offender may be convicted.

SEC. 2. _And be it further enacted_, That if any person shall, within the territory or jurisdiction of the United States enlist, or enter himself, or hire or retain another person to enlist or enter himself, or to go beyond the limits or jurisdiction of the United States, with intent to be enlisted or entered into the service of any foreign prince, State, colony, district or people as a soldier, or as a marine or seaman on board of any vessel-of-war, letter-of-marque or privateer, every person so offending shall be deemed guilty of a misdemeanor, and shall upon conviction therefor be punished by fine not exceeding $1,000, and imprisonment not exceeding two years, or either of them, at the discretion of the Court, in case such offender shall be convicted; provided that this act shall not be construed to extend to any subject or citizen of any foreign prince, State, colony, district or people, who shall transiently be within the United States, and shall be on board of any vessel of war, letter-of-marque or privateer, which, at the time of its arrival within the United States, was fitted and equipped as such, enlist or enter himself, and hire or retain another subject or citizen of the same foreign prince, State, colony, district or people, who is transiently in the United States, to enlist or enter himself to serve such foreign prince, State, colony, district or people, on board such vessel of war, letter-of-marque or privateer, if the United States shall then be at peace with such foreign prince, State, colony, district or people.

SEC. 3. _And be it further enacted_, That if any person shall within the limits of the United States fit out and arm or attempt to fit out and arm, or procure to be fitted out and armed, or shall knowingly be concerned in the furnishing, fitting out and arming of any ship or vessel with intent that such ship or vessel shall be employed in the service of any foreign prince, State, colony, district or people, to cruise or commit hostilities against the subjects, citizens or property of any foreign prince, State, or any colony, district or people with whom the United States are at peace, or shall issue or deliver a commission within the territory or jurisdiction of the United States for any ship or vessel to the intent that she may be employed as aforesaid, or shall have on board any person or persons who shall have been enlisted, or shall have engaged to enlist or serve or shall be departing from the jurisdiction of the United States with intent to enlist or serve in contravention of the provisions of this act, every person so offending shall be deemed guilty of a misdemeanor, and shall, upon conviction thereof, be punished by a fine not exceeding $3,000, and imprisonment not exceeding three years, or either of them, at the discretion of the Court in which such offender shall be convicted; and every such ship and vessel, with her tackle, apparel and furniture, together with all materials, arms, ammunition and stores which may have been procured for the building and equipment thereof, shall be forfeited to the United States of America.

SEC. 4. _And be it further enacted_, That it shall be lawful for any Collector of the Customs who is by law empowered to make seizures for any forfeiture incurred under any of the laws of Customs, to seize such ships and vessels in such places and in such manner in which the officers of the Customs are empowered to make seizures under the law for the collection and protection of the revenue, and that every such ship and vessel, with the tackle, apparel and furniture, together with all the materials, arms, ammunition and stores which may belong to or be on board such ship or vessel, may be prosecuted or condemned for the violation of the provisions of this act in like manner as ships or vessels may be prosecuted and condemned for any breach of the laws made for the collection and protection of the revenue.