bette ®, penn het are rien AS AGEs RES RL UE ah 1 tn ase 38 hyite ede et tes wah) ieee Stacy ple id if phete (gt Ata bebe ite bas i aaah? es nk cs di bie i i oe speek a Bee i pie etaay a catcher at eae ‘ “J 4 fz eiaetncs BGR OAs pe bebe: Mee a ae Hse Rel eo v STREAS STR aw! oe Sate Dba eeal Pee See ar +5,” er ai CORNER UNIVERSITY LIBRARY eee ee ee ee Cornell 1889”. Library ‘ JK251.751 G7 1 TTA 924 030 4 ak Aer ‘vet Qq beer Deal of the United States. THE GOVERNMENT OF THE PEOPLE UNITED STATES. BY FRANCIS NEWTON THORPE, Pu.D., PROFESSOR OF HISTORY AND POLITICAL SCIENCE IN THE PHILADELPHIA MANUAL TRAINING SCHOOL, AND LECTURER ON CIVIL GOVERN-. MENT IN THE UNIVERSITY OF PENNSYLVANIA. PHILADELPHIA: ELDREDGE & BROTHER, No. 17 North Seventh Street. 1889. ® cs ‘ HVERSITY LIBRARY ode! wag K. Pia, : Mf Entered, according to Act of Congress, in the year 1889, by ELDREDGE & BROTHER, in the Office of the Librarian of Congress, at Washington. t Se 8 i v' Daa aaa RENAAS WESTCOTT & THOMSON, ELECTROTYPERS, PHILADA. * Aut that is sacred in life is inseparably bound up with government. Its nature is complex; it implies rights and duties; it involves human lives and activities; its organ- ization is required of the whole people; its administration is committed to their representatives. Popular government is of slow growth. Why it began, how it began, how it grew, and what it has become during the first century of the existence of the United States, con- stitute the story of politics which appeals with irresistible force to American citizens. Political knowledge is also slowly gained. It cannot be gathered from newspapers, nor from publie speeches, nor from the talk of the street ; only the formal treatise can set it forth in its unity and show the close sympathy between all human interests and the government under which they prosper. The story of the Government of the people of the United States has its beginning far away across the sea, and the story of political rights in England has its sequel in the story of political rights in America. Nor have these rights been accidental acquisitions: they are the fruits of Amer- ican experience, growing out of the instincts, the charac- ter and the attainments of the Anglo-Saxon race in this country. 3 4 PREFACE. The’ Nation is the chief theme; the political people as a unit are the government. From savage life to the life of the Nation is the transition in, human history which constitutes civilization. Unlike some nations, the United States is almost without traditions. It may be said that our traditions may be found in the original documents. So close are we to the days of our origin, that it is possible for us to study our institutions at first hand. Each State in the Union presents some peculiar civil features, and the teacher of civil government may use with profit the con- stitution of the State, the charter of the city, the ordinance of the town, the laws of the Assembly, or the act of Con- gress as fundamental authorities in the study of govern- ment. The meaning ofa state paper may be explained in a simple manner, and be understood in its essential nature even by quite young persons. There is a freshness also in thus taking studies of government from the source of the stream. The papers printed in Part IV. will suggest others that may be used as collateral reading for the class. The Government is presented in its historical, in its legal, in its political and in its economic relations. The chapter on “ The Four Groups of Rights” is a departure in works of this kind, but I am confident that the time has come when the methods of political study pursued in the leading schools of history and political science may be pursued in the other schools of the United States. The Federal and the State Constitutions cannot be ex- amined critically in a book of this kind. In all interpre- tations of constitutions I have followed the language of the Supreme Court. As no person could construct the actual Government under which we live by reading any of the PREFACE. 5 American constitutions, I have attempted to divide the subject all along between institutional and constitutional government. Movements in population, immigration, edu- cation, habits of thought among the people of various parts of the country, inventions, discoveries, religion and public morality have been considered as factors equally potent with formal constitutions and the enactments of legislative bodies in determining the character of our Government. It is more desirable to understand the principles under- lying civil life and their development and applications in society than to memorize discordant political facts. The pe- culiar claim of popular government to universal authority is its identification with the great principles of civilization. It claims to be founded upon the rights of man and the prin- ciples of human nature. Wherever the principles of pop- ular government are illustrated in our governments, I have attempted to assert either directly or by implication the principle involved. The land as a factor in government is presented some- what fully. Our land system and our land acquisitions are shown by maps. A few engravings from celebrated paintings have been introduced to aid in impressing on the mind some of the greatest events in human history. The Charter of King John, the Declaration of Independence— of which a fac-simile is given—the Mayflower Compact, and the Emancipation Proclamation are events in the story of popular government. With one exception these events occurred on American soil. The illustrations and the events to which they refer intimate my desire to develop as plainly as possible the idea of sequence, progress, liber- alization in thought and action, human enfranchisement 6 PREFACE. and civilization as the chief characteristics of the nations of modern times. The limits of the book prevent me from doing more than suggest the wealth of illustration of the amelioration of men and manners which may be traced in the supremacy of modern laws, in modern charities and in the attitude of the modern mind toward all problems of society and government. Although the chapters are paragraphed and separately numbered for convenience in class use, they are written to read as if unbroken by special headings. The heavy type shows the thought of the paragraph, and, before study- ing a chapter, it may be read through aloud as an un- broken whole, omitting the titles to paragraphs. Numer- ous foot-notes and tables illustrate applications of princi- ples referred to in the body of the book. Nothing in government is meaningless; we live amidst an intense political life. As the face on the postage-stamip signifies an executive power delegated by the people, so upon examination will many commun civil phenomena illustrate profound principles in popular government. The book is sent forth with the earnest hope that it may help those who read it to understand more perfectly the rights and the duties of American citizenship. FRANCIS NEWTON THORPE. UNIVERSITY OF ay ae Philadelphia. PART I. THE FOUNDATIONS OF GOVERNMENT. CHAPTER PAGE I. THe Four Sraces oF Society .......... 11 II. Tor Four Groups oF RIGHTS........... 20 Il]. Tue Story or PoniticaL Ricuts in ENGLAND. . 26 IV. Tue Story oF PouiticaL Ricuts 1N CoLONIAL AMER- Ike 2 Sea 006©6[UCRMLE a ee 40 V. THE AMERICAN CONSTITUTIONS ...... 61 PART II. LOCAL GOVERNMENT. I. THE PEOPLE AND THEIR Home AFFAIRS. ..... 84 PART III. THE NATION. I. THE Maxine oF tHE NATION «....-4-- 118 II. Tye PreopLe and THE Land. ........ - 127 III. THe Law-MaKers AND THE Laws ..... . 189 IV. WHat ConGRess MAY DO... ..... 152 V. Powrrs DenreED To ConGRESS AND TO THE STATES 164 VI. THe PreEsIDENT oF THE UNITED STATES. 172 VIL Tue Executive DEPARTMENTS... .. 5 . 183 VIII. Tue Courts oF Justice. . Me a ovo ae TO# IX. THE PEOPLE AND THE MoneEY . ‘ sa a 2OF X. THe PEopLE In Pouitics. . ‘ 214 XI. THE Crrizen.. . nap Ge ‘4 as 226 XII. Tot Nation... ....... dade. ‘ » 231 8 CONTENTS. PART IV. STATE PAPERS, ° CHAPTER PAGE I. Toe Mayriowrer Compact. ..... «2... + 289 II. Tue First Decuaration or RIGHTS. . . aon we DAT IJI. THe DEcLARATION OF INDEPENDENCE . 2 .. . 244 IV. THe ARTICLES OF CONFEDERATION. .« gone . . 250 VY. THE ConsTITUTION OF THE UNITED STATES. . . 263 VI. Tor EMaAncIPATION PROCLAMATION poe ay oe a 287 APPENDIX . Seas lide "36 i a ji ‘ 291 INDEX . eae! an fe foe % 301 ILLUSTRATIONS. GREAT SEAL OF THE UNITED StaTEs . - Frontispiece. Kine Joun Sicninc Maana CHARTA... . .. 384 SIGNING THE MAYFLOWER COMPACT . « ot 49 ADOPTION OF THE DECLARATION OF INDEPENDENCE... . 62 THE Srate-HouskE IN PHILADELPHIA. . é 74 PRESIDENT LincoLN READING THE EMANCIPATION Peace MATION TO HIS CABINET ae a - 126 Mar sHowine Pusiic DoMAIN AND ‘keauiarrtoN OF Tae RITORY «4 © 0 « ; ‘ ew he a ee, ADB THE SUPREME COURT OF THE Tite Sous bs > @ 208 LIBERTY ENLIGHTENING THE WoRLD. . i ‘ » . 225 Fac-SIMILE OF THE DECLARATION OF INDEPENDENCE . . 244 PART 1, THE FOUNDATIONS OF GOVERNMENT. Man is born a citizen,—ARISTOTLE. The fundamental law of rights is, be a@ person, and respect others as persons.—MuLFoRD. Society is marching with long strides toward democracy. .... Is it a good? Ts it an evil? I know little enough; but it is, in my opinion, the inevitable future of humanity.—Count Cavour. The village, or township,is the only association which is so perfectly natural that wherever a num- ber of men are collected it seems to constitute itself. —Der Tocquevite. To the people we come sooner or later ; it is wpon their wisdom and self-restraint that the stability of the most cunningly devised scheme of Sovern- ment will in the last resort depend .—Bryce. 9 CIVIL GOVERNMENT. —_ c-o795, 00 —_—_ CHAPTER I. THE FOUR STAGES OF SOCIETY. 1. CIVIL INSTITUTIONS.—The laws, customs and occupations of a people comprise their civil institutions. Human interests are not solitary. One interest is related to all others. If we were to journey over the earth, visit- ing its different peoples, we might at first think that the civil institutions of the many peoples we saw were too different for any kind of classification ; by a closer exam- ination we would discover four stages of human society— savages, herdsmen, husbandmen and manufacturers. 2. Savaces.—The peoples whose chief occupation is hunting comprise the savage tribes of the six continents. They have customs simple and rude, and laws few and cruel. The boundaries of the land over which they seek their supplies are in constant dispute between the tribes. Each tribe is a collection of kindred families, and is gov- erned by a man famed both as hunter and as warrior. His will, so far as he can enforce it, is law. The symbol of his authority is a spear or a club. 3. Life and Language.—Hunting supplies savages with food and clothing. They suffer from many diseases which do not seriously endanger a civilized community. Their language is unwritten, abounds in guttural sounds, has few words, not usually more than three hundred, and these are not inflected so as to express shades of thought. Their language is composed of nouns and verbs, with few ll 12 CIVIL GOVERNMENT. if any other parts of speech. The nouns rudely name the plain objects of the senses; their words do not express ex- act qualities or quantities. Taken singly, the words have little if any meaning. The people have few and crude ideas. 4. Superstitions.—Savages are extremely superstitious and easily terrified by the phenomena of nature. They people the world with demons, and their customs are demonic, and frequently degrading. They do not under- stand the causes and the nature of common things. 5. Character.—The habits, customs, superstitions and manner of life of savage tribes indicate their true character. Life among them is unsafe; morality too often unknown ; physical strength, the sole basis of right; government, the uncertain and brutal exercise of physical power and the™ sullen and unwilling obedience of the jealous and the weak. 6. Herpsmen.—A larger group of peoples keep flocks and herds, and by means of these provide for themselves food and clothing. The area and boundaries of the land required by their cattle vary. Herdsmen follow the grass; it is the source of their wealth. They are wanderers and dwell in tents, but their laws and customs are less rude than those found among hunting tribes. They practice simple arts and make many articles required by their manner of life. They have a greater variety of food than savages, and many desires unknown to savage life. Butter and cheese are made by means of simple tools. The art of curing leather begins among them. They have their wealth for exchange, and thus obtain many articles which they cannot make for themselves. 7. Government among Them.—tTheir ruler is the oldest living father of a family, and. the symbol of his authority is a shepherd’s staff. The laws among them grow out of their occupations. Their laws have reference chiefly to two objects—the protection of life and of prop- THE FOUR STAGES OF SOCIETY. 13 erty. Savages have no property that can be called wealth, nor can the savage accumulate wealth. He cannot keep his game; he makes nothing; at death his hunting equip- ment is usually buried with him: The herdsman has many cattle, and at his death some one must care for them. Nat- urally, the members of his own family succeed to his wealth, and his personal authority also descends to his personal representative or heir, who is usually his eld- est son. 8. Laws of Property Begin.—Thus laws of the in- heritance of property originate among herdsmen. This property is movable, or, as we now say, personal. Land becomes a thing of value, and land-laws originate in the use of the land for grazing. Water, in the form of brooks, wells and springs, becomes the subject of customary rights. As a well is dug by severe labor, he who digs a well has a right to it for his family and his flocks. 9. Language and Ideas.—Herdsmen have more words in their language and more ideas than have savages. Shep- herds are often in one locality for a long time; they watch their flocks night and day; they observe the course of nature and discover its regularity. They were the first to study the motions of the heavenly bodies, and they fancied that they saw familiar forms among the stars. Lions and wolves were there chasing cattle and sheep, and to the con- stellations of the stars they gave names. Centuries have passed, but the names given to the stars by the shepherds still cling to them. Thus the science of astronomy began. The language of shepherds expresses their ideas. The old- est poem in the world, the book of Job, describes the cus- toms, the laws and the character of a people who were shepherds in Mesopotamia, one of the early homes of our own civilization. 10. Life and the Recognition of Rights.—Herdsmen have many more interests than savages, because they have more ideas and objects of desire obtained by labor. Such 14 CIVIL GOVERNMENT. objects constitute wealth. Government among them rec- ognizes and protects life and property and the comfort of man. The patriarch has more cares than the chieftain. It is a principle of government that as the interests of men increase and as they secure wealth by their own labor, govern- ment becomes more complex, or, as we are accustomed to say, has more departments; for a primary object of government is to secure to individuals and to nations their rights. 11. Importance of Rights.—A right is the most im- portant possession a person can have. Human rights are the realities which government is instituted to protect. The word “right” has more meaning than any other word used in governmental affairs, and we shall constantly have occa- sion to investigate its signification. When we understand what rights exist in a country, we know exactly what is the government of the people of that country. 12. Effect of the Recognition of Rights.—The im- mediate effect of the recognition of rights is the exercise of government to protect them. A denial of a right is a wrong, and the suspension of a right, if not justifiable, is a crime. 13. HuspanpMEeN.—The peoples who cultivate the soil outnumber all others. They live in fixed homes; they divide the land and mark its boundaries with care. To remove a landmark confuses many interests and endan- gers rights, and is a crime; for the tiller of the ground is obliged to feed and clothe himself and his family by his own labor on a definite piece of ground, and if the boundaries are disturbed unlawfully the living of the family is in danger. 14. Crimes.—Among the herdsmen the stealing of cat- tle is a crime, because the living of the family is thereby endangered. The tiller of the ground must be protected from similar injury, and his wealth is a definite area of ground. lLand-laws thus become more definite among those who practice agriculture; many customs and laws THE FOUR STAGES OF SOCIETY. 15 peculiar to an agricultural people would not arise among herdsmen. Each state of society has its legal system that is founded upon its own character. Different civil insti- tutions, becoming different systems of government, thus spring up in the world. 15. Superior Knowledge required in Agriculture. —The farmer is obliged to understand the nature of crops, soils, culture and harvesting. He requires many tools for which the savage or the herdsman could have no use. He must understand the laws of nature so as to be able to make a living. His wants are more numerous than those of the savage or the herdsman. His ideas outnumber those of the other two classes. His language reflects his mind and contains many words. His interests are four- fold: those pertaining to his labor; those pertaining to the control of his fellows; those relating to his conduct toward men; and those relating to the Gcd whom he wor- ships. 16. Manuracturers.—A fourth group of peoples are engaged in making objects of desire, and thus they are closely related to the herdsmen and to the tillers of the soil. Labor creates rights and transforms raw material, such as the skins and the wool produced by the herdsmen and the agricultural products of the husbandmen, into articles adapted to many human uses. The making of objects requires a large amount of knowledge in the maker. He has many ideas, and his language contains many words, unknown to the savage or the herdsman. With increased knowledge comes the division of labor and the recognition of industrial rights. New industries are created, old industries are improved. Simple tools are displaced by complicated machinery that never wearies and that rapidly transforms raw material into finished articles. In every step of this process rights are con- cerned. The forms of wealth multiply, so that they can scarcely be counted. The manufacturer depends upon 16 CIVIL GOVERNMENT. the productions of farming and of herding for mate- rial used in his labor. His rights are therefore closely connected with the rights of other men. He must build machines, erect suitable buildings, provide material, em- ploy craftsmen, manage industrial enterprises, understand industrial conditions, satisfy the desires of men for mate- rial wealth created by human labor, and exercise freely all his rights, in order that the desires of men may be satisfied. 17. Laws and Customs pertaining to Industry.— A manufacturing community develops habits or customs that are recognized by experience to be favorable or un- favorable to industry. Thus, government that protects the rights of manufacturers and all those associated with them in the making of objects must conform to these cus- toms and enact suitable laws. 18. Civilized Peoples have a Variety of Interests. —In a civilized country the interests of the herdsman, of the tiller of the soil and of the manufacturer may be found in a single community and even ina single person. The farmer tills his ground and at the same time keeps cattle and sheep. Near by is the town in which the manufac- turer maintains his plant—i. e. his factory and all its inter- ests. A community has at the same time the interests of the three classes of peoples. Rights thus may imply the interests of the husbandman, of the herdsman and of the manufacturer. Every department of life is affected by the recognition or the suppression of these rights. : 19. Effect Seen in Society.—As ideas increase among men, language increases, until there may be, as in our own tongue, more than one hundred thousand words. Every right creates a custom, and the custom may become a law. A custom is only a way of doing, and a law is a rule of action prescribed by a supreme power, declaring how, when, where and by whom a thing shall or shall not be done. THE FOUR STAGES OF SOCIETY. 17 20. Commerce.—With the increase of the wealth of individuals and of nations, and with the recognition of rights among them, exists a commerce both in ideas and in things. Articles are produced, transported, exchanged and consumed. The star-clusters that seemed like sheep and oxen and lions to the shepherds become the lighthouses of the sky, and guide ships laden with precious cargoes from port to port, from continent to continent. Men be- come more closely associated; they supply each other’s wants. Their interests become complex, and sometimes it is impossible to separate them. The herdsman, the farmer, the merchant, the railroad, the steamship, the miner, the manufacturer, the workingman,—all and each represent a mass of interests and a body of rights. To further these interests and to secure these rights govern- ments are instituted among men; customs grow into laws, and laws and customs grow into that supreme law or chief custom of all—Grovernment. 21. Importance of Government.—We see plainly, then, that the meaning of government is exceedingly large, because it concerns itself with every human interest. We see that customs and laws and language and govern- ment are closely connected with the occupations of the people. The occupations affect the government, and the government affects the occupations. 22. Different Forms of Government.—Different forms of government exist, because the ideas of men dif- fer as to the best manner of managing their own interests. Peoples who have many wants and who are able to satisfy them by intelligent labor are civilized—. e. they have be- come citizens. The word “citizen” is companion to the word “right,” and like it has a profound meaning. In- deed, so important is the signification of this word that individuals and nations, in order to obtain the realization of the full rights of the citizen, have made costly sacri- fices. ae rights of the citizen are made precious to us by 18 CIVIL GOVERNMENT. the lofty sacrifices of human life in order that men and women and children may have their inborn rights freely, fully and at all times. A THEOcRACY is a government in which the rulers are priests who claim to be under the immediate direction of God. The government of the ancient Jews was a theoc- racy. A MmoNARcHY is a government in which the supreme power resides in a single person, usually called a king. If his power is limited by laws, the government is a lim- ited monarchy ; if all power proceeds from him, the gov- ernment is an absolute monarchy. Modern kingdoms are limited monarchies, except Russia and Turkey, which are absolute monarchies. AN ARISTOCRACY is a government controlled by a few men distinguished for rank, wisdom and wealth. Venice was an aristocracy during the Middle Ages. A Democracy is a government by the people in person. Rhode Island was a democracy for a brief time.* A REPUBLIC is a representative democracy. Our States and the United States have a republican form of govern- ment. 23. Sanctity of Government.—The interests of a people are so closely blended with their government that government becomes the supreme interest of the people; its character is sacred, because its preservation concerns the lives and the property of all who compose the nation. Therefore the attempt to overthrow the prevailing govern- ment is a crime against the nation. This crime is called treason, and is punishable with death. Sometimes a government is successfully overturned and remodelled with the consent of the people who compose it. A successful change in the government amounts to a revolution, such as occurred in this country in 1776. But * See J] 86, p. 51. THE FOUR STAGES OF SOCIETY. 19 all thoughtful men agree that governments long estab- lished are not to be overturned for light and passing rea- sons, else all stability in human affairs would disappear and fickle-minded people would cause perpetual confusion in the world by the constant change in governments. The people have the right to alter or amend their own govern- ment in a peaceful way, as was done in this country in 1789. 24, The True Basis of Government.—When we look a little closer for the foundation of government, we dis- cover that it exists in the nature of men themselves. The rights of persons give occasion for government. Individ- uals have by nature desires, wills, ideas, character, and upon these government is founded. The natural rights of men, women and children as citizens are called civil rights. Some citizens have other rights which are called political rights. The right to personal security is a civil right, and is common to all citizens; the right to vote is a political right, and is possessed by qualified persons called electors. But the true basis of government is persons, not things. CHAPTER II. THE FOUR GROUPS OF RIGHTS. 25. Men Differ concerning Rights.—We might think that every man could guard his own rights, and that in this way the rights of all would be protected. But men differ among themselves in their opinions about their rights: this difference of opinion is natural to men, and must always be taken into account in human affairs. Government is based upon men as they are; it is a for- midable reality. If only a few men lived in the world, in a simple way of life, isolated from each other, they might possibly be able to protect their own interests, but they could not realize their own rights. Men cannot live in isolation ; association is necessary, and this necessity gives rise to human society. 26. Rights of Society.—The word “society” is also an important word. Individuals have rights as individ- uals; they also have rights to and in association, called the rights of society. The relation of the individual to society is that of the part of a living organism to the whole of the organism. An individual is a part of soci- ety, and is incomplete outside of it. The political rights of an individual are largely fixed by his relations to society. 27. Rights and Duties Related.—Every right; whether of the individual or of society, implies a duty. Every duty implies a right. A duty is the exercise of a right. The words right, citizen, society, and duty are of intense interest to civilized people; they stand for ideas and prin- ciples of primary importance to human beings. The rights of individuals and of society give rise to that 20 THE FOUR GROUPS OF RIGHTS. 21 kind of knowledge called political. The word “ political” originally meant urban, or pertaining to the city, because people are closely associated in a city and are compelled to recognize their own rights and those of others. Cities have served a peculiar office in discovering the rights of men, and many of the cities of England maintained the rights of the citizens when these rights were lost in the rural districts. Cities have preserved human liberties. The duties of individuals and of society give rise to that knowledge which we call moral. The word “ moral” im- plies the idea of conduct or custom of doing, judged by the standard of human welfare and of Divine law. A man is a political being because he has rights; he is a moral being because he has duties. 28. Individuals and Society.—Government protects a person in his rights and requires him to perform his duties. The character of society is the character of the individuals who compose it. Bad men make bad society. Government must therefore address itself directly to indi- viduals, must have power over them, and must depend upon them for its authority and for its character. We are individually a part of the government, and should know our rights and perform our duties. The neglect to do so endangers the government and wrongs us individually. The rights now so common among us are ours only after the greatest struggles that the world has seen. 29. Natural Rights.—We do not inherit rights; they are inherent; God creates them in every person. There have been governments in the world for ages, but the truth that all men are born with equal rights has been accepted less than a hundred years. To understand and to live this truth is the privilege of the world to-day. We of the United States have this privilege by the law of the land. But because we have more rights than any other nation, we have more duties. American citizens have rights and 22 CIVIL GOVERNMENT. duties unknown to the people of Europe. Yet many in- stitutions common among us began long ago in Europe. 30. Foreigners become Citizens.—Several hundred thousand Europeans come to the United States every year for permanent homes. They are chiefly from England, Treland, Italy, Germany and Scandinavia. They have caused those sections of the United States where they are most thickly settled to take on a character peculiar to themselves; some parts of the United States are Germanic, some are Scandinavian, some are Italian, in many of their prevailing customs. The African race has been in this country since 1619. Africans and Europeans and some Asiatics are made welcome by our government, and by conforming to the laws they have become American citi- zens. They learn the rights and the duties of American citizenship by actual practice. Serious social problems constantly arise; but the experience of the past encour- ages us to believe that we shall be able to solve these problems by earnestly grappling with them in the recog- nition of our rights and the performance of our duties. THe Four Groups or Ricurts. 31. Industrial Rights.—The citizen has the right and the duty to support himself and those dependent upon him by honorable labor: such rights and duties are called Industrial. These are many and of first importance. With- in this group fall all the rights of laborers, operatives and of makers of things of every description. Industrial rights and duties affect the business, the material interests of the household, and the productive interests of the coun- try—the farms, manufacturing plants, the wages of men, women and children, the hours of labor, the means of transportation, such as railroads, canals, steamship lines, express companies and common carriers. Industrial rights and duties also extend to society at large. America has vast industrial relations with other countries; we use arti- THE FOUR GROUPS OF RIGHTS. 23 cles produced in foreign lands, and they use articles made by us. Our industrial interests comprise a large portion of our wealth, and government guards them with extreme care. 32. Political Rights.—The citizen has also opinions as to what he himself and society should do and what ideas should be supreme in the state. These ideas of control or government are called political ideas. His political ideas are his own property, and he has the right to express them and to carry them into effect with the aid of his fellow-citi- zens, provided that neither he nor they do or suffer wrong. His right is to do unto others as he would have them do unto him. Men are always trying to enforce their ideas upon others—i. e. to govern them. In this second group of rights and duties are all those rights of opinion con- cerning government, such as, what kind of government is best; how government should be administered; who should exercise authority ; where that authority should be located. Political rights and duties affect all our opinions about human laws, the nature of public offices and the character of public officers. Political rights and duties are concerned when public servants are chosen, such as school-directors and assessors, tax-collectors and judges, governors and senators, members of Congress or the Presi- dent of the United States. Political rights and duties are concerned in such ordinary and important matters as the carrying of the mails; the material, the quality, the quan- tity and the denominations of our money; the fixing of county, State and national boundaries; the support of an army and of a navy; and they are concerned also in such seemingly trivial matters as the shape, color and value of a postage-stamp and the selection of the man’s face upon it. These rights and duties are of such importance that men organize powerful political parties to maintain their opinions, give their energies, time and money for the sup- port of these opinions, and seek peaceful solution of gov- ernmental problems by elections or compel the solution 24 CIVIL GOVERNMENT. of them by wars and treaties. The political rights and duties of individuals have assumed so much importance in this country that they are often said to be the supreme interests of the citizen. But they are only one of a group of rights and are of equal interest with other rights. 33. Social Rights.—An American citizen is also part of society; he has social rights and duties. These are of a comprehensive character, because they affect the nation asa whole. Social rights and duties are concerned in the establishment of all kinds of schools for the benefit of the public; for the reformation of criminals; in the mainte- nance of asylums for the aid of the afflicted, such as the blind and the insane. Society is interested in the preser- vation of health and public comfort, public order, good roads and bridges, clean and passable streets, safe public and private buildings, the lighting of public places, the removal of all substances that may poison the air we breathe or the water we drink. These rights and duties are liable to be neglected, although they are commonly admitted to be of vast importance. The welfare of soci- ety is often of greater moment than the comfort of an individual. When the interests of the individual and of society conflict, the individual must yield to society if society insists upon the yielding. This right of soci- ety is called the right of eminent domain. THE RIGHT OF EMINENT DOMAIN is a sovereign right exer- cised by a government or by a corporation, by which indi- vidual interests are compelled to yield to the interests of society, of the corporation or of the government. A CORPORATION is a body of persons authorized by law to act or do business as a single individual. A railroad company, a manufacturing company, a bank, a chartered city, are illustrations of corporations. 34. Religious and Moral Rights.—The citizen has also other rights than those enumerated: he is a child of God and lives in relations with him. Man naturally worships THE FOUR GROUPS OF RIGHTS. 25 some being superior to himself. We have rights of con- science and we have moral duties. These we are per- mitted to exercise freely so far as they do not break the peace of the state. These rights and duties are concerned in the maintenance of religion; the proper regard for the Sabbath; the reverence for sacred things and ideas; the support of public worship; the bettering of the world; the conscientious attention to the duties of life. For many centuries men struggled to realize the right to wor- ship God according to the dictates of conscience: that right has been and is fully realized in this country. Closely related to these rights and duties are those of a moral character which are implied in the word “ ought.” All good government is moral in its character. 35. These Rights often Mingle.—A right may at the same time be industrial, political, social, religious or moral. We cannot always separate a right from its companions. Government is concerned to protect them all. A school illustrates them all: it is a place of industry; here we learn to govern and to be governed; it is a society, and has rights and duties as such; all schools are subject to moral rights and duties. 36. The Four Groups and Government.—These rights and duties are natural to us as human beings; government is based upon them, is protected by them, and in turn pro- tects them. They all unite in the citizen. The government of a people is understood when its industrial, political, so- cial and religious or moral rights are understood. The sovereignty of an opinion and its expression in a form of government or in the election of a body of public servants represents all these rights; hence we have come to speak of our political rights as representative of all our rights and as of supreme importance. CHAPTER III. THE STORY OF POLITICAL RIGHTS IN ENGLAND, 37. Our German Ancestors.—About two thousand years ago the Roman Empire comprised the civilized world. It was busy conquering the barbarous nations, and sent its legions and its greatest soldier, Julius Cesar, into Northern and Western Europe to conquer the strange peoples who then lived in Germany and Gaul (France). For nearly four hundred years the struggle continued, but the brave Germans were never conquered by Rome. On the contrary, the Germans in great num- bers left their own wild country and marched in nations into Italy and seized Rome. About 500 a. pv. the different nations of Europe, as they are now located on the map, took a beginning. The Germans also moved westward into the lands now called Denmark, Schleswig and Eng- land. They were so strong as largely to fix the customs, the laws and the language of Northern Europe to the present day. From Germany to England and from Eng- land to America has been the journey of political rights. These rights and duties were not formerly so plainly un- derstood as at the present time, for the knowledge of rights increases as men learn them by experience. 38. Constitutions.—Nations like individuals learn by experience, and they express their knowledge of rights and duties in important writings which we call “ constitu- tions.” If you examine a written constitution, you observe that it is an instrument expressed in a formal way, and is divided into articles and sections. But written constitutions are not very old; the people of America were the first people 26 POLITICAL RIGHTS IN ENGLAND. 27 in the history of the world who formally set down their civil institutions in a written constitution. Since our ancestors began to form constitutions, about a century ago, all highly civilized nations have learned to form them, so that it may be said that America has taught the world how to frame a written constitution. It is interesting to know how our ancestors in this country became in the habit of expressing their ideas on political rights and duties in a constitution. .The story is as follows: 39. Origin of the Town and of the Township.—The Germans, whom even Roman legions could not conquer, were a brave, warlike and virtuous race. Every warrior was a freeman. He and his kindred lived together in a cluster of houses, each having a door-yard and a garden. Around this settlement of one kindred a hedge or ditch or rude, strong fence was made. The hedge was called a tin; it might enclose a farm or a hamlet. He who lived within the téin was called a téines-man, as the dweller within the boundaries of the settlement is still called by us. The house of the téines-man was called bir, or burgh, a dwell- ing, from which we get our words borough and burgess, and the last syllable of the names of some towns, as Pittsburgh, Edindurgh. The Northman called his strong house gardr or garth, whence our words garden and yard. 40. Freemen as Landholders.—The freeman owned land and was the head of a family. The unit of measure in rights and duties is the family; this unit is found among savages, herdsmen, tillers of the soil and manufac- turing peoples. The family is a sacred institution and as ancient as the race itself. All the lands controlled by the townsmen were comprised within the tiinscipe, or town- ship, and to this day the township remains the unit of measure for our political divisions. When we say “town” or “township,” we use a name that has been used contin- uously for more than two thousand years for the same object. But government becomes more complex as men 28 CIVIL GOVERNMENT. become more civilized. The townsman of to-day has many more political rights and duties than had the Ger- man tiines-man of long ago. 41. The Parish.—When Christian missionaries came among the Germans a new word came also—the word . parish. The parish marked the boundary assigned by the Church to the priest for the performance of duties. The parish was usually of equal extent with the township. The word itself meant the church-home, for all the people of a parish had the same church home. The two words, township and parish, continued to describe the same area of land, and were brought from England to America as expressive of two harmonious ideas. We shall discover that the ideas of men changed; the words soon fell far apart as Church and State were separated. In the south- ern part of the United States the term parish continues to mean what the term township signifies in the North, a civil division of the State. 42. The Hundred.—The German townsmen often as- sembled together in political meetings, called gemoten, for the purpose of electing town officers. At these meetings laws were made, and our word “ by-law” is said to mean the law made by the township, or, as it was once called in Northern England, the “dy.” The townships united for the convenience of administering justice comprised the hundred. The court of the hundred decided disputes. Jury trials were introduced by the slow growth of cus- tom. The court of the hundred was the lowest court, and it so continues in Germany, England and the United States to this day. In some of our States even the word hundred remains, as in Delaware; the court of the hun- dred we commonly call the Justice's court. 43. The Shire.—Several hundreds comprised a shire, which meant a share or part of the whole country. The word is still common in England. In New England the word is often used in conversation, but the subdivisions of POLITICAL RIGHTS IN ENGLAND. 29 the States in this country are commonly called counties, a name that was introduced into England by the Normans, and which designated a military division of the realm. The shire had also officers and courts, the prototypes of our county courts and officers. 44, The Shire-reeve.—The principal officer of the shire then, as now, was the shire-recve or sheriff, signifying then the representative of the king’s authority, and with us the representative of the majesty of law and the authority of the people. The county court was held for the trial of causes more important than those tried in the court of the hundred or of the township. It is so at the present time, .and now, as then, the person who is summoned to attend court is under the special protection of the law. 45. Our Civil Institutions very Old.—We see, then, that our civil institutions are very old, but the oldest are our local institutions, those that are right about us and which seem to thoughtless persons so commonplace. These local institutions lie at the foundation of our gov- ernment and of the constitutional governments of Europe. Although the United States is a new country, its civil in‘ stitutions are as ancient as those of England or Germany. 46. German Conquest of Britain.—About the mid- dle of the fifth century the German tribes began to land in England. They soon made the country their own, and introduced German ideas and forms of local government. Two tribes took the lead: the Angles or Inglisc, who gave their name to the language, and the Saxons, who gave their name to the civil institutions. Our institutions are not strictly Anglo-Saxon, for the Americans have discov- ered many rights and duties for themselves such as never have existed in Europe. 47. Civil Institutions Subject to Laws.—Political rights and duties do not discover themselves by accident; they are controlled by laws. These laws are based upon the nature of man. From time to time discoveries are 30 CIVIL GOVERNMENT. made concerning the nature of these rights and duties, just as discoveries are made concerning the nature of other natural phenomena. There is, however, one differ- ence to be noted: rights and duties are discovered by experience; the nature of natural phenomena is deter- mined by experiment. Human life and its interests are too sacred to permit experiments to be made for the purpose of discovering rights and duties, as experiments are made in chemistry to determine the nature of strange compounds. The closer a government gets to the experi- ence of the people, and the less it experiments with them, the more the welfare of men is promoted. Only arbitrary despots like Napoleon ever experiment with human beings. A law is sometimes called an experiment, but it is based upon previous experience. Oftentimes people who are bad or ignorant oppose the increase of knowledge of polit- ical rights and duties. This opposition is often composed of masses of people led by bold men. But such opposi- tion to the general welfare has caused mighty struggles for rights, such as the wars that have devastated different countries at different times. We must keep in mind that political rights and duties are as natural to all men as eat- ing or sleeping; if not subject to wise laws men become politically diseased and think and act foolishly and wick- edly, and have to suffer the consequences of their actions, A great law of politics is, that the possession of power is the possession of responsibility : in a republican government like our own this responsibility rests upon every citizen, for the authority of the government is the will of the people of the United States. 48. Freemen’s Rights and Land Rights.— Anglo- Saxon ideas prospered in England, and in a few years overspread the land. In three centuries they were firmly rooted in the island. Land was held in two kinds of ownership: one, ownership by the individual; the second, ownership by the public, or, as we are accustomed to say, POLITICAL RIGHTS IN ENGLAND. 31 by the state. The public land was called the commons, a word still used in some parts of our country as the name of public parks or squares. There were freemen with land and freemen without land, but the landed freeman enjoyed rights not allowed to the landless man. The notion that land-owning gives peculiar rights politically, continues in England to this day, and it prevailed in some parts of the United States until about 1850. 49. Growth of Cities—Great towns grew up in Eng- land, and the townspeople were very active and jealous of their ancient rights. Time and again the kings tried to restrict the liberties of the towns, but the resistance of the towns was too great. So as time passed the people liked their ancient rights better and better; they liked the freedom that was guaranteed by their old laws and cus- toms. Often they were called upon to assist the sheriff in- the execution of the laws. One of these old customs, called the “ Hue and cry,” still continues. 50. Hue and Cry.—If a person in the hundred or the shire had committed a crime, he was quickly pursued by those whom he had wronged or by the sheriff. If he could not at once be found, the hue and cry was raised, and all the people joined in the search until the offender was seized. The sheriff still has the authority to call on the people of the county, the “posse comitatus” as it is called, when he alone is unable to execute the laws. 51. Juries and Tax-levies.—The English people liked the free and ancient manner of acquiring and of conveying land; they liked their old custom of trying suits at law before a jury of twelve men, who saw the parties in the dispute face to face, heard the story of each party and decided according to the facts in the case. They liked also the ancient manner of levying taxes, which was to allow the elected representatives of the people of each township to levy the taxes for that township. This was in accordance with the rights of local government. Is it 32 CIVIL GOVERNMENT. strange that the people came to speak of their rights as “the ancient and undoubted rights of the people of Eng- land”? 52. The Norman Conquest.—A great change came over England in the year 1066: the Normans, a Franco- German people, conquered the island. These French- speaking Germans took all the land of England as a military tribute, and the Norman leader, William the Conqueror, took the title to all the land. He gave part of it to his nobles on condition that when he wished their services they would instantly come and serve him: the land taken in this manner by a nobleman was called a feud or fee, and the system thus begun was called the Feudal System. The feudal system still prevails in Eng- land, but it never prevailed in the United States. It lies, however, at the foundation of some of our ideas about land. By it the title of all the land was vested in the king. With us the title of land is vested in the owner of it, but if the owner is not the state, the title of the land can be traced back to the state, for the state in this coun- try is the lawful successor to the king. 53. Origin of Taxes.—The personal service of the lord in war was not regular, and after a time the king consented to take a definite sum of money instead of war-service ; the lords thus became taxpayers, but they collected the money for the taxes from the people who lived upon the land, and these people were the descendants of the ancient owners of the land. The king was supposed to be the real owner of the lands and to protect them, and, as he had given the land to the lords, they did not dare refuse to pay him taxes, lest he should take their lands away and give them to others. In the United States we know that if a person fails to pay the taxes levied by the authority of the State, the sher- iff will seize his land and sell it. The sheriff represents the people of the State by whose authority the taxes were POLITICAL RIGHTS IN ENGLAND. 33 levied. In England the Norman king was the state, but he did not represent the wishes of the people. 54. The Rising of the People against the King.— One by one the ancient rights of the English people were taken from them by the king. Landholding became inse- cure; the old laws and customs were ignored; the people complained, but the king would not listen. At last the Archbishop of Canterbury, Stephen Langton, invited some of the barons of England to join with him in compelling King John to acknowledge, and rule according to the un- doubted and ancient rights of the people of England. John refused; the king and the barons prepared for war, but the king’s heart failed; he had a bad cause: he con- sented to grant a charter of rights, by which the old laws and customs should be restored and the people protected in the exercise of their ancient rights and liberties. 55. The Great Charter.—On the 15th of June, 1215, a memorable year in the story of liberty, the archbishop and some twenty resolute barons—statues of whom now support the ceiling of the House of Lords—met the king and his barons on a little island in the Thames, called Runnymede, about fifteen miles above the city of Lon- don. There and then the king was forced to acknow- ledge the ancient rights of his people in a charter called Magna Charta, the “Great Charter,” and as the king and many of his barons could not write their names, they tied their seals to the charter with leathern strings, and the charter with its seals of stone may be seen in the Brit- ish Museum to this day. The king tried to ignore the charter, but the people and their barons waged war against him with such success that he and his successors for more than eight hundred years have sworn “to rule according to the law of the land” and support the principles of the charter. This promise of the king of England at his coro- nation is similar to the custom that prevails in the United States at the inauguration of a President, who takes a sol- 3 JOHN AFFIXING HIS SEAL TO MAGNA CHARTA. KING POLITICAL RIGHTS IN ENGLAND. 35 emn oath to “ preserve, protect and defend the Constitution of the United States.” 56. The House of Commons.—But some of the kings broke their promises to the people. Fifty years after the Great Charter the people of England found another patri- otic leader and friend in Simon de Montfort, who seized the king, Henry III., and summoned the representatives of the people in a Parliament. The people had once been accustomed to choosing an assembly of their wise men, who had made the laws of the land, but in 1265 these assemblies had long fallen into disuse. De Montfort sim- ply restored them and gave them a French name, Parlia- ment, the “talking body.” In this first English Parliament the people were again represented by two men from each shire and two from each borough. These representatives of the people soon united to form the House of Commons, which continues to this day as the representative council of the people of England. The Commons are elected by the Englishmen who vote. The king’s council became the House of Lords, an hereditary body. The Lords are descendants of old land-barons or are men raised to the peerage by the king. 57. Powers of the House of Commons.—The Com- mons soon showed their power to be greater than that of the Lords. From ancient times the representatives of the people of the shire had voted the taxes to be raised by the shire; the Commons therefore voted the taxes for all Eng- land. The existence of the army and of the navy and of the entire clerical force of the government depends upon the vote of the House of Commons. Even the money for the king’s household is the gift of the House of Commons. 58. Struggle between King and Commons.—For the last five hundred years in England the king with the lords have been struggling against the commons. Some- times the House of Commons has been frightened into a 36 CIVIL GOVERNMENT. brief surrender of ancient rights, but the people have always regained more than they seemed to lose. Eng- land has become more and more democratic every day. The struggle between king and commons reached its height during the time of the House of Stuart. 59. The Petition of Right.—In 1688 the House of Commons wrung from the king the second charter of lib- erty, the Petition of Right. By this charter the king gave up for ever all claim to the right of levying taxes; he no longer could imprison a subject at will; he could not quarter soldiers in any house without the consent of the owner. But after a few years King Charles I. disregarded the Petition of Right. 60. Civil War leads to the Commonwealth.—The king and his followers, called the royalists, made war upon the House of Commons. Civil war raged for about six years, till the king was made a prisoner, was tried by a jury in the great hall of William Rufus, was sentenced to death, and was executed, because he had attempted “to rule contrary to the law of the land.” Then for twelve years the people of England had no king, but were gov- erned by Parliament. Oliver Cromwell, one of the great- est of Englishmen, became chief executive with the title of Lord Protector, a significant title for the chief magis- trate of a free people. England was a commonwealth. But the royalists wanted a king, and they succeeded in restoring a son of the beheaded king, and Charles II. ruled in England. Liberty had made much progress under the Commonwealth, and it continued to progress under the rule of the new king. 61. Habeas Corpus the Security of the Citizen.— Although Magna Charta had said that no man should be imprisoned unless by the legal judgment of a jury of his peers, still in some instances persons sent to prison by the king’s warrant had been kept there without help or rem- edy. In 1679, Parliament remedied this evil by passing POLITICAL RIGHTS IN ENGLAND. 37 the Habeas Corpus act, by which the king and his succes- sors and all others in authority could not keep prisoners in jail at pleasure. Every prisoner in England and in this country committed to jail on charge of any crime is enti- tled to have a hearing before the court in his own behalf, and have the charges against him examined lawfully. The words habeas corpus mean, “ Have thou the body.” By the exercise of this right the body of the prisoner must be brought before the court to answer in his own behalf whether he shall be returned to jail or set free by the judgment of the court and the law of the land. The act has been re-enacted in every American State, and is considered the most famous security of personal liberty known to our laws. 62. The Bill of Rights.—Nine years later, in 1688, the English people by their representatives in Parliament ex- pelled their king, James II., brother of Charles IT., because he persisted in attempting to rule contrary to the law of the land. They declared the throne vacant, and invited Will- iam, Prince of Orange, to take the crown, on condition that he would acknowledge the ancient rights of the English people and swear to support and defend them. That there might be no mistake concerning these rights, Par- liament drew up a statement of the principal rights long claimed and contended for by the people. This statement is the famous Bill of Rights of 1688. Prince William con- sented, and a member of Parliament placed the crown upon the new king’s head as the first constitutional king of England. So it is truly said that since 1688 the mon- archs of England have their title by act of Parliament; that is, by the consent of the representatives of the peo- ple of England. The Bill of Rights has been called the constitution of England; but that statement is not quite correct, because the English people have never reduced their civil institu- tions to writing. The British constitution consists of the 38 CIVIL GOVERNMENT. law of the land, its civil institutions, and the rights and duties of-the English people. 63. Settlement of America.—But while the English people were struggling against the House of Stuart (1603- 1688) English, Dutch and French colonies had been plant- edin America. English ideas of right and duty were trans- planted to Virginia, 1607; New York, 1614; Massachusetts, 1620; New Hampshire, 1623; Connecticut, 1633; Mary- land, 1634; Rhode Island, 1636; Delaware, 1638; North Carolina, 1650; New Jersey, 1664; South Carolina, 1670; Pennsylvania, 1682; and in 1733 to Georgia. The Dutch in New York and the Swedes in Delaware were too fee- ble to stand against the vigor of English civil institutions, which were introduced into these two colonies early in their history English ideas of rights and duties reached America just a thousand years after they had reached England. But from the time of their introduction into America they have lived under kindlier influences and have moved in a wider field, until the mighty growth that they have made almost prevents a ready recogni- tion of them in their old English form. 64. The Experience of England Beneficial to America.—The long and successful struggle for rights in England was of incalculable advantage to America. The first settlers along the Atlantic coast profited from the experience of their fathers in England. Little was to be learned from the experience of any other nation of Eu- rope, because England was the only land of rights across the sea. England had become a constitutional monarchy ; that is, her king ruled according to the will of his people euprecsed by their representatives in Parliament. But we must not imagine that an Englishman of the seventeenth century had all the rights now enjoyed by a citizen of the United States, or even by a citizen of England at the pres- ent time. - We shall discover that the rights of the citizen of the American States have increased rapidly in a hundred POLITICAL RIGHTS IN ENGLAND. 39 years, and they are enlarging all the time as he becomes conscious of them and lives up to the demands of his in- dustrial, political, social and moral duties. Some of the rights denied Englishmen in 1688 were—freedom of wor- ship; freedom of education; freedom to participate in the government by voting; freedom to choose a trade or occu- pation; freedom to work without industrial restrictions ; freedom to own land; freedom to travel where they pleased; freedom to publish their opinions. The Englishmen who came to America during the cen- tury and a quarter in which the American colonies were founded, brought with them many ideas which would now be considered intolerant. These ideas, however, were im- mediately enthroned in the customs and laws of the col- onies. America has outgrown the limitations set upon her growth in early colonial days, and has become the freest country in the world. CHAPTER IV. THE STORY OF POLITICAL RIGHTS IN COLONIAL AMERICA. 65. The Three Parts of Government.—During their long struggle for political rights the English people be- came anation. They spoke a common speech and their geographical boundaries were known. The language as now spoken has been heard since the time of Shakespeare, who lived to write of America in one of the greatest of plays* At the dawning of the seventeenth century an Englishman familiar with the character of the government under which he lived was accustoming himself to think of it in three parts: 1. The King. 2. The Body of Lawmakers, known as the Parliament, consisting of two houses—the upper house, or -House of Lords; the lower house, or House of Commons. 3. The Courts of Justice. In the administration of government he recognized local self-sovernment in the parish, and was familiar with trial by jury, taxation and a partial representation of the peo- ple in Parliament. These ideas, however, were possessed only by the few; * “ Wherever the bright sun of heaven shall shine, His honor and the greatness of his name Shall be, and make new nations; he shall flourish, And, like a mountain cedar, reach his branches To all the plains about him.” (Archbishop Cranmer’s Prophecy concerning King James and Vir- ginia, Henry VIII, Act V.) 40 POLITICAL RIGHTS IN COLONIAL AMERICA. 41 the mass of English people were illiterate and unconscious of the nature of the government. A century passed before such ideas as these became common among Englishmen. 66. The King represented in his person the unity and the power of the nation. 67. The House of Commons represented the ancient rights of the people of England, and was in sympathy with the principles of democracy. 68. The House of Lords represented the hereditary rights of the landed aristocracy and feudal nobility, and was in sympathy with the principles of monarchy. 69. The Courts of Law.—The judges were appointed by the king and represented him in judgment; he was and is now considered to be ever present in his courts. The judges had great influence in forming the law of the land by their decisions in suits at law. These decisions were recorded in reports, and became the precedents for the decisions of later judges both in England and in America. Many of the first settlers in America were learned men, and they brought with them the ideas prevailing among advanced English political thinkers. They had an idea that a government should consist of three departments, but, as we shall see, the departments were not distinct from each other. Both the Virginia and the Puritan col- onists brought with them a plan of government. 70. The Virginia Idea of Government.—The Vir- ginia colonists of 1607 were fortune-hunters. They con- sisted of planters and indented servants, a class of poor white people bound to labor for a term of years. The plantation became the unit of measure in civil affairs. Only freemen could vote, and some indented servants became freemen. Negro slavery was introduced in 1619, and gradually spread over the entire South. In the sum- mer of that year the governor of the colony called a gen- eral assembly, consisting of his council as an upper house, 42 CIVIL GOVERNMENT. and two burgesses from each plantation as a lower house. This was the first legislative assembly that met in Amer- ica, and was in session five days. It passed a few simple laws of local importance, but it was of great importance itself as the first of legislative assemblies which from that day to the present have been chosen by the people of America. It was the beginning in America of the recog- nition of that primary political right in this country, that a single member of a free community may initiate a law. This right is the fundamental right in American civil govern- ment. It was the essential part of the Virginia idea of government. This General Assembly, called the House of Burgesses, together with the governor, sat as a court for the trial of causes, after the precedent of the British Parliament. Thus, the Virginians early instituted a tripartite govern- ment: an executive, the governor; a legislative, the as- sembly; and a judiciary, the assembly and governor sit- ting as a court. This assembly was sometimes called “the Little Parliament.” 71. Parishes.—Early in its history the colony was divided into parishes; the plantations extended irregu- larly along the rivers, and the parishes were formed to suit the convenience of the people in attending church. 72. Counties.—In 1634, Virginia was divided into coun- ties: no system of public surveys was followed, and these counties were formed by taking several plantations of different areas and conveniently joining them together. The plantation was part both of a township and of a parish, and the interests of Church and of State were confused. 73. The Five Jurisdictions.—The Virginia planter in 1640 lived under five jurisdictions: 1. The Township, political, social, industrial ; 2. The Parish, or church organization supported by the plantations ; POLITICAL RIGHTS IN COLONIAL AMERICA. 48 8. The County, political, industrial, social, moral ; 4. Colonial, the General Assembly ; 5. National, the King and Parliament of England. 74. Civil Life.—The planter paid tithes to the church of his parish; he paid taxes for township and county pur- poses ; he sent his tobacco and some other raw products to England and received manufactured articles in return; he was not allowed to trade with any other than British mer- chants. 75. The Planter.—Only a few of the colonists partici- pated in local government by voting for local officers or for members of the House of Burgesses. An elector was a freeman who owned land, who belonged to the Church of England, and paid tithes to the Church and taxes to the State. The government of Virginia continued to preserve these essential features until the American Revolution. 76. Maryland.—The governments of the remaining Southern colonies were like that of Virginia. The king granted a charter to a company of English gentlemen authorizing them to organize a colony with one of their number as governor. The governor appointed a council; sometimes there was a double government—the original government in England, composed of the company, and the government in America, composed of the agents of the company. The freemen in the colony were usually allowed to choose representatives who composed the lower house of the colonial assembly. In Maryland, at an early day, all the freemen actually came together and formed a gen- eral assembly, but soon the assembly became unwieldy and local government was carried on in the hundreds, each hundred choosing a representative burgess for the general assembly. Maryland had a lord proprietor, who for a long time was accustomed to summon by special writ any persons whom he chose to his own council, just as the king of England may summon whom he pleases to the 44 CIVIL GOVERNMENT. House of Lords. In this manner the proprietor filled the assembly with his personal friends and made laws at his pleasure. The hundreds joined to form counties. In the counties nearly all the officers were appointed by the pro- prietor. As in Pennsylvania, his power was hereditary, and often contrary to the wishes of the people. After 1692 the Church of England was established by law, and the people of the colony had fewer privileges than those of Virginia. 77. North Carolina.—In North Carolina were parishes, plantations, and counties as in Virginia. The governor was appointed by the king. The governor appointed six of his council, and the company controlling the colony appointed six more; the freeholders elected an assembly. Probably North Carolina was the worst governed colony in English America. In 1677 the governor attempted to levy taxes much in the same manner pursued by Charles I. of Eng- land. The people seized and imprisoned the governor, and made a new and more democratic form of government for themselves. In 1688 they drove away another bad governor, when England drove away a bad king. The people of North Carolina constantly struggled for their rights, and gladly joined in the Revolution of 1776. 78. South Carolina.—For South Carolina the English proprietors adopted the most curious and absurd plan of government ever tried in America. It was known as “ The Grand Model,” and was prepared by the celebrated John Locke, but it does not contain Locke’s three principles of government: (1) That the people have the right to take away the power given by them to the ruler; (2) that the ruler is responsible to the people for the trust reposed in him; (8) that legislative assembles are supreme in their power, because they represent the supremacy of the people. The people were to be known as leetmen, and they were to be tenants on the lands of lords of various rank. These POLITICAL RIGHTS IN COLONIAL AMERICA. 465 ranks were of palatines, admirals, chamberlains, chancel- lors, constables, chief-justices, high-stewards and treasu- rers, and the land was to be divided into counties, seign- ories, baronies and: precincts. All the land was to be owned by the nobility, who composed two classes, the landgraves and the caciques. The children of noblemen should be noblemen and own land; the children of leei- men should be leetmen and should be landless. One high officer was to regulate all sports, games and fashions; there was to be a house of lords and a house of commons. A member of the house of commons was to possess five hun- dred acres of land, and was to be elected by freeholders having fifty acres each. This elaborate government seems the more absurd to us when we reflect that it was intended for a company of immigrants living in the wildest of woods. It was a failure, but we find some remnants of it in the government of South Carolina organized in 1776. Only one idea in Locke’s government has ever been incorporated into the government of the people of the United States: the division of the land into squares of one thousand acres each, a division proposed and followed for a short time in the United States surveys, but soon modified to the section of six hundred and forty acres, one mile square, as the unit of all public surveys. South Carolina was soon freed from this plan of gov- ernment and became a colony similar to that of Virginia. Church and State were united, and the poor man had no part in civil affairs. This curious plan of government illustrates the utter ignorance of political leaders in Eng- land concerning America. Both in North and in South Carolina the people wearied.of the proprietary govern- ments. The proprietors were aristocratic and tyrannical, and the people were so hostile to them that in 1719 the proprietors were compelled to surrender their grant to the king, who appointed a governor. The royal governor ap- pointed his own council; the freemen, who were qualified 46 CIVIL GOVERNMENT. by the possession of property to a certain amount and of religious ideas of a certain kind, were electors of the lower house of the colonial aaeornbly, The governor and his council composed the highest court in the colony. This form of civil government continued until the Revolution- ary War. The Carolinas were separated in 1729. 79. Georgia was founded as a home for poor English debtors. All power was vested for twenty-one years in English trustees who never saw the colony, yet who per- sisted in making laws for it. They failed in their efforts. The colonists ran away into Virginia and the Carolinas. They complained because they could not acquire land in their own right in Georgia, because they were not allowed to have negro slaves, and because they had no part in the government of the colony. At last, in 1752, the trustees surrendered the charter to the king and a government similar to that of Virginia was framed. 80. General Character of the Southern Colonies. —All of the Southern colonies were at first weak settle- ments venturing into the Atlantic wilderness for the sake of acquiring wealth. Several of them—namely, Virginia, North Carolina and South Carolina—were organized in England as great schemes or monopolies. The English proprietors expected to acquire great wealth. The people whom they first sent to America were not equal to. those who came later. The substantial character of the South- ern colonists at the time of the American Revolution did not distinguish these first adventurers. But in the early history of each colony came men and women of high cha- racter who soon made that character felt. The colonists threw off the absurd conditions set by the ignorant pro- prietors and compelled them to grant the rights of Eng- lishmen. The people were wiser than the politicians of England. The tendency of government in the Southern colonies was rapidly toward democracy. By 1776, Afri- can slavery was firmly established in Maryland, Virginia, POLMICAL RIGHTS IN COLONIAL AMERICA. 47 Delaware, North Carolina, South Carolina and Georgia. Church and State were united. The few voters in the South were land-owners and Churchmen. The slaves and the poor whites, who took no part in the government, com- prised four-fifths of the population. The political, indus- trial and religious rights of the majority of the population were seriously restricted, not only by the English govern- ment and its colonial agents, but by the general ignorance of the people themselves. Between the royal government and the people of the colonies existed constant ill-feeling. The people chafed under arbitrary restraints. Rebellions frequently broke out. In 1676, Nathaniel Bacon, a young planter, raised soldiers among the settlers and began a war of defence on behalf of the people of Virginia against Gov- ernor Berkeley. Bacon died and many of his followers were cruelly put to death. As time passed, all the offices in each colony fell into the hands of a few leading families, who continued to hold them until long after the Revolu- tion of 1776. The poor man had no part in the govern- ment except to pay his taxes promptly. The clergy, the lawyers, the physicians, the judges, the sheriffs, the mem- bers of council and of assembly, and the tax-gatherers were a class quite distinct from the mass of the people; they comprised an official class now quite unknown. The cha- racter of the colonies was English rather than American. 81. The Massachusetts Idea of Government.—The ideas brought by the English into the Northern colonies were not essentially different from those that prevailed in the South. The Puritans sought freedom of religion, but bore with them the political institutions and opinions characteristic of the England of the seventeenth century. The Puritans were a body of emigrating Church people having religious opinions held in unfriendly light by the British government. They formed a joint-stock company with some London merchants who expected great riches from the new adventure. This expectation, like others of 48 CIVIL GOVERNMENT. its kind, was never realized. The New England colonists had no charter directly from the king; they intended to settle in Virginia, but an error in navigation brought them to Plymouth, which lay outside the charter boundaries of Virginia. While yet on the Mayflower they signed an agreement or covenant written by themselves by which they agreed “to combine together into a civil body pol- itic” “to enact, constitute and frame such just and equal laws .... from time to time as shall be thought most con- venient for the general good of the colony.” To these laws all promised due submission and obedience. They were a small band of men in a vast wilderness, and their action shows us the natural tendency of men of Anglo-Saxon blood to form a government when left to themselves. Daniel Boone and his friends in Kentucky, the Scotch refugees in Tennessee, and the miners and merchants of California, at the time when these States began, were com- pelled for the protection of life, liberty, property and soci- ety itself to organize civil government. 82. Virginia and Massachusetts Compared.—We have seen that the political unit in Virginia and through- out the Southern colonies was the parish or the plantation. The same unit started in New England under the name parish or township. The term “ parish” prevailed in the South because the Church of England was there united inseparably with political affairs. The New England col- onists were dissenters from the Church of England, and they preferred the name “township,” to which they were accustomed in England, to the name parish, which sug- gested to them intolerant religious opinions. The town- ship came to be called the town—an early evidence of the tendency in Northern America to abbreviate political and other terms. The two names of our simplest political unit continue to this day in America in the latitudes where they were first introduced. 83. Church and State United in New England.— NZS (See p. 289.) SIGNI THE COVENANT IN THE CABIN OF THE MAYFLOWER. ; 49 50 CIVIL GOVERNMENT. Although the New England colonists were dissenters from the English Church, they proceeded to unite their Church and their State in the township. The male church-mem- bers were the town electors. 84, The Town’s Mind.—Each congregation and each town was independent. The town’s mind was frequently ascertained by the vote of the freemen in town-meeting. Each freeman, as in Virginia, was a land-owner and a church-member. Each town annually or semi-annually chose a moderator, three or more selectmen, a treasurer, a coroner, a town clerk, a constable and a tax-gatherer. The town also elected a representative to attend the Gen- eral Court or assembly of representatives from all the towns. This House of Assembly, or General Court, as it long continued to be called in Massachusetts, made the general laws for the colony. The freemen also elected a governor once a year. The towns chose justices of the peace, and sometimes the judges, but usually the judges were appointed by the governor with the consent of the General Court. The people of Massachusetts, like their brethren in Vir- ginia, lived under five jurisdictions (see 4] 73, p. 42): 1. The Town, corresponding to the township of Virginia ; 2. The Church Congregation, corresponding to the parish in Virginia; 3. The County, as in Virginia; 4. The General Court, corresponding to the General As- sembly in Virginia ; 5. The King and Parliament of England, as in Virginia. Thus the Episcopalian planter of Virginia and the Con- gregationalist farmer of Massachusetts, although they did not agree in their ideas of government, lived under the same kinds of jurisdictions. But they did not see this similarity as plainly as we see it now; they had little opportunity for exchanging political. views. 85. Further Comparisons.—The General Court of POLITICAL RIGHTS IN COLONIAL AMERICA. 51 Massachusetts was further like the “Little Parliament” of Virginia in having two houses, sitting apart. In Vir- ginia and throughout the South the governor, appointed by the king, chose the members of the upper house, and the electors chose the members of the lower house. In Massachusetts the freemen chose the governor and the members of both houses. The upper house was com- posed of the deputy governor and the assistants or coun- cil of the governor representing the districts; the lower house represented the towns. In the South a popular election was usually vird voce, but in New England, after 1634, the paper ballot came into common use. But the people of New England could not all vote. In Massachu- setts, Connecticut and New Hampshire the voting franchise was restricted to men who were members of church or- ganizations that were approved by the town magistrates and by the elders of the parent church. Thus we see that in New England civil government came directly from the people; in the South, government had two sources—the people and the king. i 86. Rhode Island.—In Rhode Island alone, of all the American colonies, existed perfect freedom of religion. This privilege in Rhode Island was sternly criticised by the people of the other colonies as very dangerous. Every man in Rhode Island who was the head of a family was a member of the General Court of the colony. Such a government was a pure democracy, and the only one that ever existed in America.* As Rhode Island became thickly settled the people organized a representative government under their charter of 1644. The government was similar to that of Massachusetts. 87. Connecticut.—In 1639 the people of Connecticut framed a written constitution, the first in America. In 1662, Charles IT. granted them a charter, allowing them to *See 22, p. 17. 52 CIVIL GOVERNMENT. elect all the officers of their colonial government after the custom they had already established. The governments organized under these charters were so satisfactory to the people of Rhode Island and Connecticut that Connecticut continued under hers until 1818, and Rhode Island until 1842. Massachusetts had received a charter in 1629, which was supplanted by a new one fifty-two years later. The new charter took away from the people the right to elect their own governor, who was to be appointed by the king. The remaining features of the old government were continued under the royal governors until the Revulution. 88. New Hampshire was the only New England col- ony governed directly by the king. Its people were few in number, but they did not lke the royal government. Twice the colony joined Massachusetts in order to enjoy a charter government, and twice the king separated the two colonies. The government was closely modelled after the Massachusetts form. 89. Vermont was claimed both hy New Hampshire and by New York. The people of the colony wished to be independent of both. They organized a government like that of Massachusetts. All through the Revolution- ary War, Vermont maintained a separate government, and was the first State to join the original thirteen. 90. New England Industrial Rights.—Parliament passed many acts injurious to the industrial interests and rights of New England. The people complained, but to no purpose. Parliamentary restriction of industrial rights was the principal cause of the American Revolution. The New England colonies were more accustomed to self-government than were the colonies of the South—a difference largely due to the independent notions‘held by New England people on all subjects. This independence was fostered by education in the schools and by the education which the people re- ceived in their churches. The clergymen in the South were of the English Church, and usually taught the doc- POLITICAL RIGHTS IN COLONIAL AMERICA. 58 trine of conformity to royal commands and parliamentary enactments even when these were injurious to colonial interests. There were many other causes leading to the feelings and expressions of independence common to New England. One of these was the habit of New England people of working with their own hands; labor was hon- orable as well as necessary. The fundamental character of the citizen of New England was his respect for honor- able work. He was an industrial as well as a political being. Slavery did not prosper in New England, although it was introduced there. Vermont alone of all the Amer- ican colonies had no slaves during its entire history. But king and parliament opposed the idea that the New Eng- land colonies should in any way govern themselves. This ill-feeling increased rapidly toward the close of the eight- eenth century, and was a prominent cause of the Revolu- tion. The New England people, however, were quite as intolerant as many of the people of the South. They refused Roman Catholics the rights of freemen; they restricted those rights to church-members of their own peculiar faith; they even persecuted men and women of opinions different from their own. But after a century of experience they began to see that the rights of men and women were not to be construed according to the notions of New England people. By the time the French and Indian War was over the people of New England had become more liberal in their views. The Declaration of Independence was written by Thomas Jefferson of Vir- ginia, but it was defended by John Adams of Massachu- setts. The two colonies and their people were learning the lessons of political wisdom in the same school— American experience. 91. New York.—In New York the Dutch West India Company began a settlement along the Hudson River, but the province soon came under English control. The only permanent political effect of the Dutch settlement was the 54 CIVIL GOVERNMENT. creation of several vast landed estates along the Hudson and the Mohawk rivers, which caused some anti-rent trou- bles in the first half of the nineteenth century. New York was largely settled from New England, and was the first colony to illustrate the law of population in this country, that the people of the East have become the people of the West—a great social fact of government. New York was destined to lead all the American States in this westward movement. The laws of New York were modelled after those of New England. The town became the political unit. The freemen of the town chose the overseers and the other officers of the town. The overseers made local laws. The parish had no political significance in New York, as it had in Virginia and in Massachusetts. Indus- trial and commercial interests early directed the customs and the laws of the province. The harbor of New York has received the opinions as well as the commerce of the world. The tripartite government was familiar to the experience of the colony, and with the exception of the union of Church and State the civil affairs of New York were modelled after the already established jurisdictions to which the people of Massachusetts and of Virginia were subject. The royal governor, the two houses of assembly, the appointed courts of justice, distinguish the colony but slightly from the Northern or from the Southern type. Industrial prosperity from its earliest history caused New York to organize a compact and self-sustaining colonial life, which had the effect almost of independence, if not of separation from the remaining colonies. But the peo- ple of the colony were always accustomed to choose their local officers and the members of their lower house of assembly. There was up to the Revolution an increasing dissatisfaction in New York with the policy of England in attempting to restrict the industrial rights of the colonies. 92. Pennsylvania was a proprietary government with a legislative assembly elected by the people. An execu- POLITICAL RIGHTS IN COLONIAL AMERICA. 55 tive council to assist the governor was also elected, but it did not constitute an upper house as in Virginia. This colony was the only one in America in which the system of having two legislative houses did not prevail. The electors and the officers of the province from 1703 until 1776 were required to profess their belief in certain relig- ious doctrines and to possess property and pay taxes. The people found the proprietary government burdensome, and gladly joined in the Revolution. The system of local gov- ernment that gradually grew up in Pennsylvania continues in substance to the present day. The township became the unit of measure; the county entrusted its interests to three commissioners; the assembly passed local laws. Pennsyl- vania was little influenced by New England. It stood geo- graphically and politically between the independence and industry of New England, and the ideas growing out of the union of Church and State, and the system of slavery pre- vailing in the South. In Pennsylvania labor was honor- able, slavery was legal, and the spirit of independence was slow but strong. Like New York, the material interests developed very early, and gave to the colony an industrial character which as a State it has long maintained. 93. Delaware and New Jersey became royal prov- inces with a government similar to that of New York. Electors were required to be land-owners and to profess certain religious doctrines. The people became dissatis- fied with the restrictions upon their rights, and were among the first of the colonies to advocate revolutionary measures. The interests of New York, New Jersey, Penn- sylvania and Delaware were industrially sufficiently alike to group these colonies together, and they assumed a cha- racter peculiar to themselves. The parish was distinctly felt as a social and political force in the South; the town- ship was so felt in New England. But in the Middle col- onies the rural character of Southern life and the marine interests that almost dominated New England life had no 56 CIVIL GOVERNMENT. corresponding element, unless it be found in the small towns and cities which gave to the strong colonies of New York and Pennsylvania municipal interests and municipal rights and activities unknown elsewhere in America. The cities of New York and Philadelphia early became centres of political influence. These two cities and the city of Boston bore the same part in American history that many years before had been borne by London, York and Bristol in the history of English liberty. Thus it came about that the primary interests of New England came to be recog- nized as marine; those of the Middle colonies as munici- pal; and those of the Southern colonies as of the plan- tation and almost feudal in character. 94, General Condition of the Colonies.—In the middle of the eighteenth century the population of all the colonies was about 1,260,000, of whom one-fifth were slaves. Of this population, about 400,000 were white men of twenty-one years or over, but the actual voting population was not more than 100,000. The remaining white men were denied the right to vote on account of poverty—i. e. not having real or personal property to a certain amount fixed in each colony by law—or on ac- count of their religious opinions. The people inhabited a narrow band of territory, about one degree in width, parallel with the sinuous Atlantic coast, extending from Portland in Maine to Savannah in Georgia. A few hardy men had ventured over the Alleghanies in the Northern colonies toward Pittsburgh, and in the Southern into Kentucky. Civil institutions were not defined with the accuracy to which the people became accustomed about the time of the Revolution. War for national independ- ence teaches many profound political lessons, and the peo- ple of the colonies learned by experience the gradually unfolding nature of their rights. The political rights of freemen then would not satisfy a freeman now. The qualifications for being a voter then were not sufficient POLITICAL RIGHTS IN COLONIAL AMERICA, 57 for being assemblyman, sheriff, councillor, or judge. Such offices were held by men possessing more real property than the elector was required to own. If an officer of the colony lost his property, he could no longer perform the duties of his office, but was succeeded by a person duly qualified. All the colonial governments were in the hands of a few wealthy families. 95. English Restrictive Measures.— Nature was bountiful and the people prospered. Life was far easier than in England. But year by year the colonists felt more keenly the burden of parliamentary restriction on Amer- ican industry. England derived much wealth from her Amcrican trade, compelled it to seek British ports, and viewed with increasing alarm the material prosperity of the colonists. The British government created a depart- ment for the management of American affairs called “ The Board of Trade and Plantations.” This board was arbi- trary and ignorant of the true condition of America. It influenced Parliament to pass many restrictive measures on trade. The Americans complained in vain. Then the laws were evaded, and smuggling became a dangerous but profitable occupation in New England. The Americans took more interest in amassing wealth than in politics. But industrial and political rights are inseparably con- nected, and it was only when England denied them in- dustrial rights that they thought of separation and inde- pendence. Restriction on colonial trade was one of the chief causes of the American Revolution. 96. Slavery was common, prevailing in every colony except Vermont. In the Northern colonies it did not prosper on account of the climate, the soil and the pre- vailing views concerning labor. But the ships of New England carried African slaves into Southern ports. Many people North and South said that human slavery was wrong, and believed that in time slavery would die out in America. Georgia and the Carolinas alone found 58 CIVIL GOVERNMENT. slavery profitable; these colonies raised rice, indigo and a few other tropical productions. But in a few years a single Asiatic plant and a single American inven- tion caused a revolution in public opinion concerning slavery: it became, as many held, a necessary condition of society in America. The rights of man were not so well understood as the value of cotton and the cotton- gin. 97. England Taught the Colonies Political Les- sons.—America during the colonial period was learning the principles of government by actual experience. Eng- land taught America these principles, but America has discovered much for herself concerning the nature of free government and democracy, and has in turn taught Eng- land many useful lessons. The old Germanic ideas were brought to America and flourished in the virgin soil. The colonies were three thousand miles from England— a greater distance then, practically, than the circumference ot the earth is now. The great lessons of colonial times were the tripartite division of government and its democratic charac- ter. The tendency of all civilized governments in modern times is toward democracy ruling by representation. This idea was common in all the colonies. 98. Independence Achieved.—One hundred and sixty-nine years after the settlement at Jamestown the American colonies separated from England, and assumed “among the nations of the earth the separate and equal station to which the laws of nature and of nature’s God entitled them.” 99. The New Nation.—The people of the colonies dif- fered among themselves in language, in customs and in laws, but the foundations of civil organization among them were common, strong and abiding. These founda- tions were— 1. A country abounding in inexhaustible resources of all kinds, having every variety of climate and soil, and access- POLITICAL RIGHTS IN COLONIAL AMFRIOA. 59 ible by means of water-routes from the Atlantic on the east and from the Mississippi on the west. 2. A people industrious, virtuous, intelligent, inventive, practical, capable of enduring hardships and accustomed to triumphing over them, and, above all, learning to gov- ern themselves. 3. A political organization— 1. Townships or parishes ; 2. Counties ; 8. Colonies becoming defined States. 100. The,Political Organization.—This comprised— 1. Local officers elected by the freemen in parish, township, and usually in county. 2. A State Legislature consisting of two houses: The Lower House, elected by the freemen, representing the people, and having exclusive right to levy taxes and vote appropriations. The Upper House, consisting in some States of members chosen by the electors, but of the governor or deputy gov- ernor and a council appointed by the governor in the majority of the States. 8. A governor elected by the people and responsible to them. 4. Freemen, relatively few in number, required to possess land or personal property of a value fixed by law, to sub- scribe to certain religious doctrines and to pay tithes to the Church and taxes to the State. On this broad foundation of industrial, political, social and moral rights the Revolutionary War was based, and the people of the United States became a free and inde- pendent nation. . “Some differences,” said Daniel Webster,* “may doubt- less be traced at this day between the descendants of the early colonists of Virginia and those of New England, * Bunker Hill Monument Oration, 1843. 60 CIVIL GOVERNMENT. owing to the different influences and different circum- stances under which the respective settlements were made; but only enough to create a pleasing variety in the midst of a general family resemblance. But the habits, sentiments and objects of both soon became mod- ified by local causes, growing out of their condition in the New World; and as this condition was essentially alike in both, and as both at once adopted the same general rules and principles of English jurisprudence, and became ac- customed to the authority of representative bodies, these differences gradually diminished. They disappeared by the progress of time and the influence of intercourse. The necessity of some degree of union and co-operation to defend themselves against the savage tribes tended to excite in them mutual respect and regard. They fought together in the wars against France. The great and com- mon cause of the Revolution bound them to one another by new links of brotherhood; and at length the present constitution of government united them happily and glo- riously to form the great republic of the world, and bound up their interests and fortunes, till the whole earth sees that there is now for them in present possession as well as in future hope but ‘One Country, One Constitution, and One Destiny.’” CHAPTER V. THE AMERICAN CONSTITUTIONS. 101. The First Congress.—The causes which led to the American Revolution are set forth in the Declaration of Independence. On the 5th of September, 1774, the first Congress assembled at Philadelphia. Its delegates were appointed by the lower house of the colonial legislatures or chosen by popular conventions. This Congress organ- ized a revolutionary government, and based its authority directly upon the people as a nation. All of its acts were of a national.character. It forbade the importation or exportation of merchandise to and from England, and it passed a Bill of Rights very much like the famous Eng- lish bill of 1688. 102. The Second Congress.—On May 10, 1775, the second Congress met; the majority of its members were chosen by conventions directly elected by. the people. It took into consideration the whole nation; it organized an army and navy; adopted a monetary system or Treasury Department; established a Post-office Department; and issued the Declaration of Independence. 103. State Constitutions Recommended.—On the 10th of May, 1776, Congress recommended each colony to organize a State government, or, in the quaint and express- ive language of the recommendation, “to take up civil government.” Eleven colonies proceeded to do this by framing their first State constitutions. Rhode Island and Connecticut continued under their old charters, for they thought their long-established free government sufficient for their wants. 61 LE. THE DECLARATION OF INDEPENDEN( i ADOPTION OF TH 62 THE AMERICAN CONSTITUTIONS. 638 104. The Declaration of Independence and the Articles of Confederation.—On the 11th of June, Con- gress chose two committees to prepare two important acts —the Declaration of Independence and the Articles of Confederation and of Perpetual Union. The Declaration was the expression of ideas and opinions generally and commonly held by thoughtful Americans from Maine to Georgia, and was quickly written and unanimously adopt- ed. It is the enduring fame of Thomas Jefferson that he caught the spirit of the people and expressed their wishes so perfectly in this famous state paper. The Declaration is admired for its sentiments, its language, its orderly arrangement, and its humanity. It is the one state paper most frequently quoted among civilized nations, and ranks in the history of the Anglo-Saxon race with the Great Charter of 1215. Four days after their appointment the members of the other committee reported the Articles of Confederation and Perpetual Union, but nearly five years passed before they were adopted. Massachusetts, Rhode Island, Con- necticut, New York, Pennsylvania, Virginia and South Carolina ratified them July 9, 1778; North Carolina, July 21,1778; Georgia, July 24,1778; New Jersey, November 26, 1778; Delaware, February 22, 1779; and Maryland, March 1, 1781. 105. The Revolutionary Government.— All agreed in the Declaration; few agreed concerning the Articles. The States were strangers to each other, jealous, and hard pressed by the ravages of war. The new government was provisional and revolutionary, and struggled along as well as it could. But when the States had ratified the Articles the government was no better, no stronger. It has been described as bad from beginning to end. 106. Character of the Confederation——The Con- gress of the Confederation consisted of one legislative body instead of two, with which the people were more 64 CIVIL GOVERNMENT. familiar in their State governments. It was presided over by a president annually elected by the members from among their own number. Each State might send not less than two nor more than seven delegates, chosen yearly, and no member could serve more than three years out of six. There were only thirteen votes in Congress, as all voting was by States. Measures of highest import- ance required the unanimous consent of all the States; less important measures could be framed by nine States ; but ordinary legislation was usually controlled by five or six votes. The Congress was, in fact, a committee of the States. 107. Powers of Congress.—The real powers of Con- gress were few. It could declare war, make peace, issue pills of credit, maintain an army and navy, borrow money, make treaties of commerce and alliance with for- eign nations, and settle disputes between the States. But it had no power to enforce a single act that it might pass. It could not levy taxes nor collect a revenue. Its authority was nominal; it depended upon the States for its revenue and for the execution of its recommendations. 108. How the People regarded Congress.—In order to change or amend the Articles the unanimous consent of the States was necessary, and this consent was never obtained. It followed that the States outranked the Con- federation in the estimation of the people. The States toward the close of the war quite ignored Congress, and contemptuous expressions regarding it became common. Any government in contempt is dying. 109. State Supremacy.—As the Confederation had no power to compel individuals to obey its laws, the States paid no attention to its requests, and acted as independent nations rather than co-ordinate parts of a great nation. America was a country of thirteen little governments having a central committee under contempt. 110. The Apathy of the People Increases.— gu a and . : ; - nc Rectang Yoeg 2 Trsaping wraw agacns? Ww. fave sev r TVS, 4 y ciate Staal marco I ERNE , one grverners Keleclaning tug ut - ngunee S j ~ her Lihenve suspended , hu/res seglechen aitoaly Co attenol To thar oe ae ae en ere tepreehhalon, t reght he has colle tryathor De eee Le Cain Ws Lepos Vheur joulebe seedy, fork. vote Phare inl comgplioner where. ee tee ce he hat heath ed Rerrerertabure, howses hike roy Christian “SIMILE OF THE ORIGINALDRAUGHT BY JEFFERSON OF THE TION OF INDEPENDENCE In Congress 4t1 July, 1776. 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STATE PAPERS. 245 comes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Gov- ernment, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness. Prudence, indeed, will dictate that Governments long established should not be changed for light and transient causes; and accordingly all experience hath shown, that mankind are more disposed to suffer, while evils are suf- ferable, than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same Object, evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security——Such has been the patient sufferance of these Colonies; and such is now the necessity which constrains them to alter their former Systems of Govern- ment. The history of the present King of Great Britain is a history of repeated injuries and usurpations, all having in direct object the establishment of an absolute Tyranny over these States. To prove this, let Facts be submitted to a candid world. He has refused his Assent to Laws, the most whole- some and necessary for the public gocd. He has forbidden his Governors to pass Laws of im- mediate and pressing importance, unless suspended in their operation till his Assent should be obtained; and when so suspended, he has utterly neglected to attend to them. He has refused to pass other Laws for the accommo- dation of large districts of people, unless those people would relinquish the right of Representation in the Leg- 246 CIVIL GOVERNMENT. islature,a right inestimable to them and formidable to tyrants only. He has called together legislative bodies at places un- usual, uncomfortable, and distant from the depository of their Public Records, for the sole purpose of fatiguing them into compliance with his measures. He has dissolved Representative Houses repeatedly, for opposing with manly firmness his invasions on the rights of the people. He has refused for a long time, after such dissolutions to cause others to be elected; whereby the Legislative Powers, incapable of Annihilation, have returned to the People at large for their exercise; the State remaining in the mean time exposed to all the dangers of invasion from without, and convulsions within. He has endeavored to prevent the population of these States; for that purpose obstructing the Laws for Nat- uralization of Foreigners; refusing to pass others to en- courage their migration hither, and raising the conditions of new Appropriations of Lands. He has obstructed the Administration of Justice, by refusing his Assent to Laws for establishing Judiciary Powers. He has made Judges dependent on his Will alone, for the tenure of their offices, and the amount and payment of their salaries. He has erected a multitude of New Offices, and sent hither swarms of Officers to harass our People, and eat out their substance. He has kept among us, in times of peace, Standing Armies without the Consent of our legislature. He has affected to render the Military independent of and superior to the Civil Power. STATE PAPERS. 247 He has combined with others to subject us to a juris- diction foreign to our constitution, and unacknowledged by our Laws; giving his Assent to their Acts of pre- tended Legislation: For quartering large bodies of armed men among us: For protecting them, by a mock Trial, from Punish- ment for any Murders which they should commit on the Inhabitants of these States: For cutting off our Trade with all parts of the world: For imposing taxes on us without our Consent: For depriving us in many cases, of the benefits of Trial by Jury: For transporting us beyond Seas to be tried for pre- tended offences: For abolishing the free System of English Laws in a neighboring Province, establishing therein an Arbitrary government, and enlarging its Boundaries so as to ren- der it at once an example and fit instrument for intro- ducing the same absolute rule into these Colonies: For taking away our Charters, abolishing our most valuable Laws, and altering fundamentally the Forms of our Governments : For suspending our own Legislatures, and declaring themselves invested with Power to legislate for us in all cases whatsoever. He has abdicated Government here, by declaring us out of his Protection and waging War against us. He has plundered our seas, ravaged our Coasts, burnt our towns, and destroyed the lives of our people. He is at this time transporting large armies of foreign mercenaries to compleat the works of death, desolation and tyranny, already begun with circumstances of Cru- elty, & perfidy scarcely paralleled in the most barbar- 248 CIVIL GOVERNMENT. ous ages, and totally unworthy the Head of a civilized nation. He has constrained our fellow Citizens taken Captive on the high Seas to bear arms against their Country, to become the executioners of their friends and Brethren, or to fall themselves by their Hands. He has excited domestic insurrections amongst us, and has endeavored to bring on the inhabitants of our frontiers, the merciless Indian Savages, whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions. In every stage of these Oppressions We have Peti- tioned for Redress in the most humble terms: Our repeated Petitions have been answered only by repeated injury. A Prince, whose character is thus marked by every act which may define a Tyrant, is unfit to be the ruler of a free People. Nor have we been wanting in attention to our British brethren. We have warned them from time to time of attempts by their legislature to extend an unwarrantable jurisdiction over us. We have reminded them of the circumstances of our emigration and settlement here. We have appealed to their native justice and magnan- imity, and we have conjured them by the ties of our common kindred to disavow these usurpations, which, would inevitably interrupt our connections and corre- spondence. They too have been deaf to the voice of justice and of consanguinity. We must, therefore, ac- quiesce in the necessity which denounces our Separation, and hold them, as we hold the rest of mankind, Enemies in War, in Peace Friends. We, therefore, the Representatives of the united States of America, in General Congress, Assembled, appealing STATE PAPERS. 249 to the Supreme Judge of the world for the rectitude of our intentions, do, in the Name, and by Authority of the good People of these Colonies, solemnly publish and declare, That these United Colonies are, and of Right ought to be Free and Independent States; that they are Absolved from all Allegiance to the British Crown, and that all political connection between them and the State of Great Britain, is and ought to be totally dissolved: and that as Free and Independent States, they have full Power to levy War, conclude Peace, contract Alliances, establish Commerce, and do all other Acts and Things which Independent States may of right do. And for the support of this Declaration, with a firm reliance on the Protection of Divine Providence, we mutually pledge to each other our Lives, our Fortunes, and our sacred Honor. ARTICLES OF CONFEDERATION—1777.* To all to whom these Presents shall come, we the under- signed Delegates of the States affixed to our Names, send greeting. Wuereas the Delegates of the United States of Amer- ica in Congress assembled did on the fifteenth day of November in the Year of our Lord One Thousand Seven Hundred and Seventy-seven, and in the Second Year of the Independence of America agree to certain articles of Confederation and perpetual Union between the States of New Hampshire, Massachusetts Bay, Rhode Island and Providence Plantations, Connecticut, New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina and Georgia in the words following, viz. “ Articles of Confederation and Perpetual Union between the States of New Hampshire, Massachusetts Bay, Rhode Island and Providence Plantations, Connecticut, New York, New Fersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina and. Georgia. ArticLEI. The style of this confederacy shall be “ The United States of America.” * The Declaration of Independence was the prelude to a preliminary national constitution, The Articles of Confederation. Some provis- ion for a general government was recognized as necessary. Obeying the lessons of their own experience of two centuries and a half of local government, the representatives of the people, in Congress assem- bled, adopted a constitution for the Confederation of States which the colonies had become. The Articles of Confederation constitute our first effort to form a “ perpetual Union.” 250 STATE PAPERS. 251 ArTICLE II. Each State retains its sovereignty, free- dom and independence, and every power, jurisdiction and right, which is not by this confederation expressly delegated to the United States, in Congress assembled. ArTIcLE III. The said States hereby severally enter into a firm league of friendship with each other, for their common defence, the security of their liberties, and their mutual and general welfare, binding themselves to assist each other, against all force offered to, or attacks made upon them, or any of them, on account of religion, sov- eignty, trade, or any other pretence whatever. ArticLeE IV. The better to secure and perpetuate mutual friendship and intercourse among the people of the different States in this Union, the free inhabitants of each of these States, paupers, vagabonds and fugitives from justice excepted, shall be entitled to all privileges and immunities of free citizens in the several States; and the people of each State shall have free ingress and re- gress to and from any other State, and shall enjoy therein all the privileges of trade and commerce, subject to the same duties, impositions and restrictions as the inhabit- ants thereof respectively, provided that such restrictions shall not extend so far as to prevent the removal of property imported into any State, to any other State of which the owner is an inhabitant; provided also that no imposition, duties or restriction shall be laid by any State on the property of the United States, or either of them. If any person guilty of, or charged with treason, fel- ony, or other high misdemeanor in any State, shall flee from justice, and be found in any of the United States, he shall upon demand of the Governor or Executive power, of the State from which he fled, be delivered up 252 CIVIL GOVERNMENT. and removed to the State having jurisdiction of his offence. Full faith and credit shall be given in each of these States to the records, acts and judicial proceedings of the courts and magistrates of every other State. ARTICLE V. For the more convenient management of the general interests of the United States, delegates shall be annually appointed in such manner as the legis- lature of each State shall direct, to meet in Congress on the first Monday in November, in every year, with a power reserved to each State, to recall its delegates, or any of them, at any time within the year, and to send others in their stead, for the remainder of the year. No State shall be represented in Congress by less than two, nor by more than seven members; and no person shall be capable of being a delegate for more than three years in any term of six years; nor shall any person, being a delegate, be capable of holding any office under the United States, for which he, or another for his bene- fit receives any salary, fees or emolument of any kind. Each State shall maintain its own delegates in a meet- ing of the States, and while they act as members of the committee of the States. In determining questions in the United States, in Con- gress assembled, each State shall have one vote. Freedom of speech and debate in Congress shall not be impeached or questioned in any court, or place out of Congress, and the members of Congress shall be pro- tected in their persons from arrests and imprisonments, during the time of their going to and from, and attend- ance on Congress, except for treason, felony, or breach of the peace. ArTICLE VI. No State without the consent of the STATE PAPERS. 253 United States in Congress assembled, shall send any embassy to, or receive any embassy from, or enter into any conference, agreement, alliance or treaty with any king, prince or state; nor shall any person holding any office of profit or trust under the United States, or any of them, accept of any present, emolument, -office or title of any kind whatever from any king, prince or foreign state; nor shall the United States in Congress assem- bled, or any of them, grant any title of nobility. No two or more States shall enter into any treaty, confederation or alliance whatever between them, with- out the consent of the United States in Congress assem- bled, specifying accurately the purposes for which the same is to be entered into, and how long it shall con- tinue. No State shall lay any imposts or duties, which may interfere with any stipulations in treaties, entered into by the United States in Congress assembled, with any king, prince or state, in pursuance of any treaties al- ready proposed by Congress, to the courts of France and Spain. No vessels of war shall be kept up in time of peace by any State, except such number only, as shall be deemed necessary by the United States in Congress assembled, for the defence of such State, or its trade; nor shall any body of forces be kept up by any State, in time of peace, except such number only, as in the judgment of the United States, in Congress assembled, shall be deemed requisite to garrison the forts necessary for the defence of such State; but every State shall always keep up a well regulated and disciplined militia, sufficiently armed and accoutred, and shall provide and constantly have .teady for use, in public stores, a due number of field 254 CIVIL GOVERNMENT. pieces and tents, and a proper quantity of arms, ammu- nition and camp equipage. No State shall engage in any war without the consent of the United States in Congress assembled, unless such State be actually invaded by enemies, or shall have re- ceived certain advice of a resolution being formed by some nation of Indians to invade such State, and the danger is so imminent as not to admit of a delay, till the United States in Congress assembled can be consulted: nor shall any State grant commissions to any ships or vessels of war, nor letters of marque or reprisal, except it be after a declaration of war by the United States in Congress assembled, and then only against the kingdom or state and the subjects thereof, against which war has been so declared, and under such regulations as shall be established by the United States in Congress assembled, unless such State be infested by pirates, in which case vessels of war may be fitted out for that occasion, and kept so long as the danger shall continue, or until the United States in Congress assembled shall determine otherwise. Article VII. When land-forces are raised by any State for the common defence, all officers of or under the rank of colonel, shall be appointed by the Legisla- ture of each State respectively by whom such forces shall be raised, or in such manner as such State shall direct, and all vacancies shall be filled up by the State which first made the appointment. ArticLe VIII. All charges of war, and all other ex- penses that shall be incurred for the common defence or general welfare, and allowed by the United States in Congress assembled, shall be defrayed out of a common treasury, which shall be supplied by the several States, STATE PAPERS. 255 in proportion to the value of all land within each State, granted to or surveyed for any person, as such land and the buildings and improvements thereon shall be esti- mated according to such mode as the United States in Congress assembled, shall from time to time direct and appoint. The taxes for paying that proportion shall be laid and levied by the authority and direction of the Legislatures of the several States within the time agreed upon by the United States in Congress assembled. ArTICLE IX. The United States in Congress assem- bled, shall have ‘the sole and exclusive right and power of determining on peace and war, except in the cases mentioned in the sixth article—of sending and receiv- ing ambassadors—entering into treaties and alliances, provided that no treaty of commerce shall be made whereby the legislative power of the respective States shall be restrained from imposing such imposts and duties on foreigners, as their own people are subjected to, or from prohibiting the exportation or importation of any species of goods or commodities whatsoever—of establishing rules for deciding in all cases, what captures on land or water shall be legal, and in what manner prizes taken by land or naval forces in the service of the United States shall be divided or appropriated—of granting letters of marque and reprisal in times of peace —appointing courts for the trial of piracies and felonies committed on the high seas and establishing courts for receiving and determining finally appeals in all cases of captures, provided that no member of Congress shall be appointed a judge of any of the said courts. The United States in Congress assembled shall also be the last resort on appeal in all disputes and differences 256 CIVIL GOVERNMENT. now subsisting or that hereafter may arise between two or more States concerning boundary, jurisdiction or any other cause whatever; which authority shall always be exercised in the manner following. Whenever the leg- islative or executive authority or lawful agent of any State in controversy with another shall present a peti- tion to Congress, stating the matter in question and praying for a hearing, notice thereof shall be given by order of Congress to the legislative or executive author- ity of the other State in controversy, and a day assigned for the appearance of the parties by their lawful agents, who shall then be directed to appoint by joint consent, commissioners or judges to constitute a court for hear- ing and determining the matter in question: but if they cannot agree, Congress shall name three persons out of each of the United States, and from the list of such persons each party shall alternately strike out one, the petitioners beginning, until the number shall be reduced to thirteen; and from that number not less than seven, nor more than nine names as Congress shall direct, shall in the presence of Congress be drawn out by lot, and the persons whose names shall be so drawn or any five of them, shall be commissioners or judges, to hear and finally determine the controversy, so always as a major part of the judges who shall hear the cause shall agree in the determination: and if either party shall neglect to attend at the day appointed, without showing rea- sons, which Congress shall judge sufficient, or being present shall refuse to strike, the Congress shall proceed to nominate three persons out of each State, and the Secretary of Congress shall strike in behalf of such party absent or refusing; and the judgment and sen- tence of the court to be appointed, in the manner SUTATE PAPERS. 257 before prescribed, shall be final and conclusive; and if any of the parties shall refuse to submit to the author- ity of such court, or to appear or defend their claim or cause, the court shall nevertheless proceed to pronounce sentence, or judgment, which shall in like manner be final and decisive, the judgment or sentence and other proceedings being in either case transmitted to Congress, and lodged among the acts of Congress for the security of the parties concerned: provided that every commis- sioner, before he sits in judgment, shall take an oath to be administered by one of the judges of the supreme or superior court of the State where the cause shall be tried, “well and truly to hear and determine the matter in question, according to the best of his judgment, with- out favour, affection or hope of reward:” provided also that no State shall be deprived of territory for the bene- fit of the United States. All controversies concerning the private right of soil claimed under different grants of two or more States, whose jurisdiction as they may respect such lands, and the States which passed such grants are adjusted, the said grants or either of them being at the same time claimed to have originated antecedent to such settle- ment of jurisdiction, shall on the petition of either party to the Congress of the United States, be finally deter- mined as near as may be in the same manner as is before prescribed for deciding disputes respecting territorial jurisdiction between different States. The United States in Congress assembled shall also have the sole and exclusive right and power of regulat- ing the alloy and value of coin struck by their own authority, or by that of the respective States—fixing the standard of weights and measures throughout the 17 258 CIVIL GOVERNMENT. United States—regulating the trade and managing all affairs with the Indians, not members of any of the States, provided that the legislative right of any State within its own limits be not infringed or violated—estab- lishing and regulating post-offices from one State to another, throughout all the United States, and exacting such postage on the papers passing thro’ the same as may be requisite to defray the expenses of the said office —appointing all officers of the land forces, in the ser- vice of the United States, excepting regimental officers —appointing all the officers of the naval forces, and com- missioning all officers whatever in the service of the United States—making rules for the government and regulation of the said land and naval forces, and direct- ing their operations. The United States in Congress assembled shall have authority to appoint a committee, to sit in the recess of Congress, to be denominated “a Committee of the States,” and to consist of one delegate from each State ; and to appoint such other committees and civil officers as may be necessary for managing the general affairs of the United States under their direction—to appoint one of their number to preside, provided that no person be allowed to serve in the office of president more than one year in any term of three years; to ascertain the necessary sums of money to be raised for the service of the United States, and to appropriate and apply the same for defraying the public expenses—to borrow money, or emit bills on the credit of the United States, transmitting every half year to the respective States an account of the sums of money so borrowed or emitted,— to build and equip a navy—to agree upon the number of land forces, and to make requisitions from each State for STATE PAPERS. 259 its quota, in proportion to the number of white inhabit- ants in each State; which requisition shall be binding, and thereupon the Legislature of each State shall appoint the regimental officers, raise the men and clothe, arm and equip them ina soldier-like manner, at the expense of the United States; and the officers and men so clothed, armed and equipped shall march to the place appointed, and within the time agreed on by the United States in Congress assembled : but if the United States in Congress assembled shall, on consideration of circumstances judge proper that any State should not raise men, or should raise a smaller number than its quota, and that any other State should raise a greater number of men than the quota thereof, such extra number shall be raised, offi- cered, clothed, armed and equipped in the same manner as the quota of such State, unless the legislature of such State shall judge that such extra number cannot be safely spared out of the same, in which case they shall raise, officer, clothe, arm and equip as many of such extra number as they judge can be safely spared. And the officers and men so clothed, armed and equipped, shall march to the place appointed, and within the time agreed on by the United States in Congress assembled. The United States in Congress assembled shall never engage in a war, nor grant letters of marque and reprisal in time of peace, nor enter into any treaties or alliances, nor coin money, nor regulate the value thereof, nor ascer- tain the sums and expenses necessary for the defence and welfare of the United States, or any of them, nor emit bills, nor borrow money on the credit of the United States, nor appropriate money, nor agree upon the num- ber of vessels of war, to be built or purchased, or the number of land or sea forces to be raised, nor appoint a 260 CIVIL GOVERNMENT. commander in chief of the army or navy, unless nine States assent to the same: nor shall a question on any other point, except for adjourning from day to day be determined, unless by the votes of a majority of the United States in Congress assembled. The Congress of the United States shall have power to adjourn to any time within the year, and to any place within the United States, so that no period of adjourn- ment be for a longer duration than the space of six months, and shall publish the journal of their proceed- ings monthly, except such parts thereof relating to treaties, alliances or military operations, as in their judgment require secrecy; and the yeas and nays of the delegates of each State on any question shall be entered on the journal, when it is desired by any dele- gate; and the delegates of a State, or any of them, at his or their request shall be furnished with a transcript of the said journal, except such parts as are above excepted, to lay before the Legislatures of the several States. ARTICLE X. The committee of the States, or any nine of them, shall be authorized to execute, in the recess of Congress, such of the powers of Congress as the United States in Congress assembled, by the consent of nine States, shall from time to time think expedient to vest them with; provided that no power be delegated to the said committee, for the exercise of which, by the articles of confederation, the voice of nine States in the Congress of the United States assembled is requisite. ArtIcLE XI. Canada acceding to this confederation, and joining in the measures of the United States, shall : be admitted into, and entitled to all the advantages of this Union: but no other colony shall be admitted into STATE PAPERS. 261 the same, unless such admission be agreed to by nine States. ARTICLE XII, All bills of credit emitted, monies bor- rowed and debts contracted by, or under the authority of Congress, before the assembling of the United States, in pursuance of the present confederation, shall be deemed and considered as a charge against the United States, for payment and satisfaction whereof the said United States, and the public faith are hereby solemnly pledged. ARTICLE XIII. Every State shall abide by the deter- minations of the United States in Congress assembled, on all questions which by this confederation are submitted to them. And the articles of this confederation shall be inviolably observed by every State, and the Union shall be perpetual; nor shall any alteration at any time here- after be made in any of them; unless such alteration be agreed to ina Congress of the United States, and be after- wards confirmed by the Legislatures of every State. And whereas it has pleased the Great Governor of the world to incline the hearts of the Legislatures we respec- tively represent in Congress, to approve of, and to author- ize us to ratify the said articles of confederation and perpetual union. Know ye that we the undersigned delegates, by virtue of the power and authority to us given for that purpose, do by these presents, in the name and in behalf of our respective constituents, fully and entirely ratify and confirm each and every of the said articles of confederation and perpetual union, and all and singular the matters and things therein contained : and we do further solemnly plight and engage the faith of our respective constituents, that they shall abide by the determinations of the United States in Congress as- sembled, on all questions, which by the said confedera- 262 CIVIL GOVERNMENT. tion are submitted to them. And that the articles thereof shall be inviolably observed by the States we respectively represent, and that the Union shall be perpetual. In witness whereof we have hereunto set our hands in Congress. Done at Philadelphia in the State of Penn- sylvania the ninth day of July in the year of our Lord one thousand seven hundred and seventy-eight, and in the third year of the independence of America. THE CONSTITUTION OF THE UNITED STATES OF AMERICA.* THE PREAMBLE. “We, the People of the United States, in order to form a more perfect union, establish justice, insure domestic tranquillity, provide for the common defence, promote the general welfare, and secure the blessings of liberty to our- selves and our posterity, do ordain and establish this Con- stitution for the United States of America.” ARTICLE I. THE LEGISLATIVE DEPARTMENT. Section I.—The Congress in general. “All legislative powers herein granted, shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.” Section II.—The House of Representatives. 1. “The House of Representatives shall be composed of members chosen every second year by the people of the several States, and the eléctors in each State shall have the qualifications requisite for electors of the most numer- ous branch of the State legislature.” 2. “No person shall be a Representative, who shall not have attained the age of twenty-five years, and been seven * The Articles of Confederation proved by experience inadequate to the wants of the people of the United States, and they were supplanted by the Constitution. “The American Constitution, with its manifest defects, still remains one of the most abiding monuments of human wisdom, and it has re- ceived a tribute to its general excellence such as no other political sys- tem was ever honored with,”—FREEMAN, 263 264 CIVIL GOVERNMENT. years a citizen of the United States, and who shall not, when elected, be an inhabitant of that State in which he shall be chosen.” 3. “Representatives and direct taxes shall be appor- tioned among the several States which may be included within this Union, according to their respective numbers, which shall be determined by adding to the whole num- ber of free persons, including those bound to service for a term of years, and excluding Indians not taxed, three-fifths of all other persons. The actual enumeration shall be made within three years after the first meeting of the Con- gress of the United States, and within every subsequent term of ten years, in such manner as they shall by law direct. The number of Representatives shall not exceed one for every thirty thousand, but each State shall have at least one Representative; and until such enumeration shall be made, the State of New Hampshire shall be en- titled to choose three, Massachusetts eight, Rhode Island and Providence Plantations one, Connecticut five, New York six, New Jersey four, Pennsylvania eight, Delaware one, Maryland six, Virginia ten, North Carolina five, South Carolina five, and Georgia three.” 4. “When vacancies happen in the representation from any State, the executive authority thereof shall issue writs of election to fill such vacancies.” 5. “The House of Representatives shall choose their Speaker and other officers; and shall have the sole power of impeachment.” Section III.—The Senate. 1. “The Senate of the United States shall be composed of two Senators from each State, chosen by the Legisla- ture thereof, for six years; and each Senator shall have one vote.” 2. “Immediately after they shall be assembled, in con- sequence of the first election, they shall be divided as STATE PAPERS. 265 equally as may be, into three classes. The seats of the Senators of the first class shall be vacated at the expira- tion of the second year; of the second class, at the expi- ration of the fourth year; and of the third class, at the expiration of the sixth year; so that one-third may be chosen every second year; and if vacancies happen by resignation, or otherwise, during the recess of the legisla- ture of any State, the executive thereof may make tempo- rary appointments until the next meeting of the legisla- ture, which shall then fill such vacancies.” 3. “No person shall be a Senator who shall not have attained to the age of thirty years, and been nine years a citizen of the United States, and who shall not, when elected, be an inhabitant of that State for which he shall be chosen.” 4. “The Vice-President of the United States shall be President of the Senate, but shall have no vote, unless they be equally divided.” 5. “The Senate shall choose their other officers, and also a President pro tempore, in the absence of the Vice- President, or when he shall exercise the office of President of the United States.” 6. “The Senate shall have the sole power to try all im- peachments. When sitting for that purpose, they shall be on oath or affirmation. When the President of the United States is tried, the Chief-Justice shall preside ; and no per- son shall be convicted without the concurrence of two- thirds of the members present.” 7. “Judgment in cases of impeachment shall not extend further than to removal from office, and disqualification to hold and enjoy any office of honor, trust, or profit, un- der the United States; but the party convicted shall, never- theless, be liable and subject to indictment, trial, judgment, and punishment, according to law.” 266 CIVIL GUVERNMENT. Section IV.—Both Houses. 1. “The times, places, and manner, of holding elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof: but the Congress may at any time, by law, make or alter such regulations, except as to the places of choosing Senators.” 2. “The Congress shall assemble at least once in every year, and such meeting shall be on the first Monday in December, unless they shall by law appoint a different day.” Section V.—The Houses Separately. 1. “Each House shall be the judge of the elections, re- turns, and qualifications of its own members, and a major- ity of each shall constitute a quorum to do business; but a smaller number may adjourn from day to day, and may be authorized to compel the attendance of absent members, in such manner, and under such penalties, as each House may provide.” 2. “Each House may determine the rules of its pro- ceedings, punish its members for disorderly behavior, and, with the concurrence of two-thirds, expel a member.” 3. “Each House shall keep a journal of its proceedings, and, from time to time, publish the same, excepting such parts as may, in their judgment, require secrecy ; and the yeas and nays of the members of either House, on any question, shall, at the desire of one-fifth of those present, be entered on the journal.” 4, “Neither House, during the session of Congress, shall, without the consent of the other, adjourn for more than three days, nor to any other place than that in which the two Houses shall be sitting.” Section VI.—Privileges and Disabilities of Mem- bers. 1. “The Senators and Representatives shall receive a compensation for their services, to be ascertained by law, STATE PAPERS. 267 and paid out of the Treasury of the United States. They shall, in all cases, except treason, felony, and breach of the peace, be privileged from arrest during their attendance at the session of their respective Houses, and in going to, and returning from, the same; and for any speech or debate in either House, they shall not be questioned in any other place.” 2. “No Senator or Representative shall, during the time for which he was elected, be appointed to any civil office under the authority of the United States, which shall have been created, or the emoluments whereof shall have been increased, during such time; and no person, holding any office under the United States, shall be a member of either House during his continuance in office.” Section VII.—Mode of Passing Laws. 1. “All bills for raising revenue shall originate in the House of Representatives ; but the Senate may propose or concur with amendments, as on other bills.” 2. “Every bill which shall have passed the House of Representatives and the Senate, shall, before it become a law, be presented to the President of the United States; if he approve, he shall sign it, but if not, he shall return it, with his objections, to that House in which it shall have originated, who shall enter the objections at large on their journal, and proceed to reconsider it. If, after such recon- sideration, two-thirds of that House shall agree to pass the bill, it shall be sent, together with the objections, to the other House, by which it shall likewise be reconsidered, and, if approved by two-thirds of that House, it shall be- come a law. But in all such cases the votes of both Houses shall be determined by yeas and nays, and the names of the persons voting for and against the bill shall be entered on the journal of each House, respectively. If any bill shall not be returned by the President within ten days (Sundays excepted) after it shall have been presented 268 CIVIL GOVERNMENT. to him, the same shall be a law, in like manner as if he had signed it, unless the Congress, by their adjournment, prevent its return,in which case it shall not be a law.” 3. “ Every order, resolution, or vote, to which the con- currence of the Senate and House of Representatives may be necessary (except on a case of adjournment), shall be presented to the President of the United States; and before the same shalt take effect, shall be approved by him, or, being disapproved by him, shall be repassed by two-thirds of the Senate and House of Representatives, according to the rules and limitations prescribed in the case of a bill.” Section VIII.—Powers Granted to Congress. 1. “The Congress shall have power to lay and collect taxes, duties, imposts, and excises, to pay the debts and provide for the common defence and general welfare of the United States; but all duties, imposts, and excises shall be uniform throughout the United States.” 2. “To borrow money on the credit of the United States.” 3. “To regulate commerce with foreign nations, and among the several States, and with the Indian tribes.” 4. “To establish a uniform rule of naturalization, and uniform laws on the subject of bankruptcies, throughout the United States.” 5. “To coin money, regulate the value thereof, and of foreign coin, and fix the standard of weights and meas- ures.” 6. “To provide for the punishment of counterfeiting the securities and current coin of the United States.” 7. “To establish post-offices and post-roads.” 8. “To promote the progress of science and useful arts, by securing, for limited times, to authors and inventors, the exclusive right to their respective writings and dis- coveries.” STATE PAPERS. 269 9. “To constitute tribunals inferior to the Supreme Court.” 10. “To define and punish piracies and felonies com- mitted on the high seas, and offences against the law of nations.” 11. “To declare war, grant letters of marque and re- prisal, and make rules concerning captures on land and water.” 12. “To raise and support armies; but no appropria- tion of money to that use shall be for a longer term than two years.” 13. “To provide and maintain a navy.” 14. “To make rules for the government and regulation of the land and naval forces.” 15. “To provide for calling forth the militia to execute the laws of the Union, suppress insurrections, and repel invasions.” 16.‘ To provide for organizing, arming, and disciplining the militia, and for governing such part of them as may be employed in the service of the United States ; reserving to the States respectively, the appointment of the officers, and the authority of training the militia, according to the discipline prescribed by Congress. 17. “To exercise exclusive legislation in all cases what- soever, over such district (not exceeding ten miles square), as may, by cession of particular States, and the acceptance of Congress, become the seat of the Government of the United States, and to exercise like authority over all places, purchased by the consent of the legislature of the . State in which the same shall be, for the erection of forts, magazines, arsenals, dockyards, and other needful build- ings.” 18. “To make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the 270 CIVIL GOVERNMENT. Government of the United States, or in any department or officer thereof.” Section I1X.—Powers Denied to the United States. 1. “The migration or importation of such persons, as any of the States, now existing, shall think proper to ad- mit, shall not be prohibited by the Congress, prior to the year one thousand eight hundred and eight; but a tax or duty may be imposed on such importation, not exceeding ten dollars for each person.” 2. “The privilege of the writ of habeas corpus shall not be suspended unless when, in cases of rebellion or inva- sion, the public safety may require it.” 3. “No bill of attainder, or ex post facto law, shall be passed.” 4. “No capitation or other direct tax shall be laid, un- less in proportion to the census or enumeration, herein be- fore directed to be taken.” 5. “No tax or duty shall be laid on articles exported from any State.” 6. “No preference shall be given by any regulation of commerce or revenue, to the ports of one State over those of another; nor shall vessels bound to, or from, one State, be obliged to enter, clear, or pay duties, in another.” 7. “No money shall be drawn from the treasury, but in consequence of appropriations made by law; and a reg- ular statement and account of the receipts and expendi- tures of all public money shall be published, from time to time.” 8. “No title of nobility shall be granted by the United States: and no person, holding any office of profit or trust under them, shall, without the consent of the Congress, ac- cept of any present, emolument, office, or title, of any kind whatever, from any king, prince, or foreign state.” STATE PAPERS. 271 Section X.—Powers Denied to the States. 1. “No State shall enter into any treaty, alliance, or confederation ; grant letters of marque and reprisal; coin money ; emit bills of credit; make anything but gold and silver coin a tender in payment of debts, pass any bill of attainder, ex post facto law, or law impairing the obligation of contracts, or grant any title of nobility.” 2. “No State shall, without the consent of the Congress, lay any imposts or duties on imports or exports, except what may be absolutely necessary for executing its inspec- tion laws; and the net produce of all duties and imposts, laid by any State on imports or exports, shall be for the use of the treasury of the United States ; and all such laws shall be subject to the revision and control of the Con- gress.” 8. “No State shall, without the consent of Congress, lay any duty on tonnage, keep troops, or ships of war, in time of peace, enter into any agreement or compact with another State, or with a foreign power, or engage in war, unless actually invaded, or in such imminent danger as will not admit of delay.” ARTICLE II. THE EXECUTIVE DEPARTMENT. Section I.—President and Vice-President. 1. “The Executive power shall be vested in a President of the United States of America. He shall hold his office during the term of four years, and together with the Vice- President, chosen for the same term, be elected as follows:” 2. “Each State shall appoint, in such manner as the Legislature thereof may direct, a number of Electors, equal to the whole number of Senators and Representatives to which the State may be entitled in the Congress: but no Senator or Representative, or person holding an office of 272 CIVIL GOVERNMENT. trust or profit under the United States, shall be appointed an Elector.” 3.* “The Electors shall meet in their respective States, and vote by ballot for two persons, of whom one, at least, shall not be an inhabitant of the same State with them- selves. And they shall make a list of all the persons voted for, and of the number of votes for each; which list they sien 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 shall be the President, if such number be a majority of the whole number of Electors appointed; and if there be more than one who have such a majority, and have an equal number * This clause has been amended and superseded by the Twelfth Amend- ment to the Constitution. By the provisions of the original clause the person in the electoral college having the greatest number of votes (pro- vided he had a majority of the whole number of electors appointed) be- came President, and the person having the next greatest number of votes became Vice-President, thus giving the Presidency to one polit- cal party and the Vice-Presidency to another. In the year 1800 the Democratic Republicans determined to elect Thomas Jefferson President and Aaron Burr Vice-President. The result was that each secured an equal number of votes, and neither was elected. The Constitution then, as now, provided that in case the electoral college failed to elect a President, the House of Representatives, voting as States, should elect. The Federalists distrusted and disliked Jefferson; the Democratic Re- publicans and some of the Federalists distrusted and disliked Burr. The vote in the House on the thirty-sixth ballot gave the Presidency to Jefferson and the Vice-Presidency to Burr. In order to prevent a repe- tition of so dangerous a struggle, the Twelfth Amendment, by which the electoral votes are cast separately for the candidates for President and for Vice-President, was proposed by Congress Dec. 12, 1803, and de- clared in force Sept. 25,1804. Since that time the electoral college has been constituted as at present, with an odd number of votes, and a tie vote in the college is impossible. STATE PAPERS. 273 of votes, then the House of Representatives shall immedi- ately choose, by ballot, one of them for President; and if no person have a majority, then, from the five highest on the list, the said House shall, in like manner, choose 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. In every case, after the choice of the President, the person having the greatest number of votes of the Elec- tors shall be the Vice-President. But if there should re- main two or more who have equal votes, the Senate shall choose from them, by ballot, the Vice-President.” 4. “The Congress may determine the time of choosing the Electors, and the day on which they shall give their votes ; which day shall be the same throughout the United States.” 5. “No person, except a natural-born citizen, or a citi- zen of the United States at the time of the adoption of this Constitution, shall be eligible to the office of President; neither shall any person be eligible to that office who shall not have attained to the age of thirty-five years, and been fourteen years a resident within the United States.” 6. “In case of the removal of the President from office, or of his death, resignation, or inability to discharge the powers and duties of the said office, the same shall de- volve on the Vice-President, and the Congress may by law provide for the case of removal, death, resignation, or in- ability both of the President and Vice-President, declaring what officer shall then act as President, and such officer shall act accordingly, until the disability be removed, or a President shall be elected.” 7. “The President shall, at stated times, receive for his services, a compensation, which shall neither be increased nor diminished during the period for which he shall have 18 274 CIVIL GOVERNMENT. been elected, and he shall not receive within that period, any other emolument from the United States, or any of them.” 8. “Before he enter on the execution of his office, he shall take the following oath or affirmation : ‘I do solemnly swear (or affirm), that I will faithfully execute the office of President of the United States, and will, to the best of my ability, preserve, protect, and defend the Constitution of the United States.’ ” Section I].—Powers of the President. 1. “The President shall be commander-in-chief of the army and navy of the United States, and of the militia of the several States, when called into the actual service of the United States; he may require the opinion, in writ- ing, of the principal officer in each of the executive depart- ments, upon any subject relating to the duties of their respective offices, and he shall have power to grant re- prieves and pardons for offences against the United States, except in cases of impeachment.” 2. “He shall have power, by and with the advice and consent of the Senate, to make treaties, provided two-thirds of the Senators present concur; and he shall nominate, and by and with the advice and consent of the Senate, shall appoint ambassadors, other public ministers, and consuls, judges of the Supreme Court, and all other officers of the United States, whose appointments are not herein otherwise provided for, and which shall be established by law: but the Congress may by law vest the appointment of such inferior officers, as they think proper, in the Pres- ident alone, in the courts of law, or in the heads of Departments.” 3. “The President shall have power to fill up all vacan- cies that may happen, during the recess of the Senate, by granting commissions, which shall expire at the end of their next session.” STATE PAPERS. 275 Section III.—Duties of the President. “He shall, from time to time, give to the Congress infor- mation of the state of the Union, and recommend to their consideration such measures as he shall judge necessary and expedient; he may, on extraordinary occasions, con- vene both Houses, or either of them, and in case of dis- agreement between them, with respect to the time of adjournment, he may adjourn them to such time as he shall think proper; he shall receive ambassadors and other public ministers; he shall take care that the laws be faithfully executed, and shall commission all the officers of the United States.” Section IV._Impeachment of the President. “The President, Vice-President, and all civil officers of the United States, shall be removed from office, on impeach- ment for, and conviction of, treason, bribery, or other high crimes and misdemeanors.” ARTICE III. JUDICIAL DEPARTMENT. Section I.—United States Courts. “The judicial power of-the United States shall be vested in one Supreme Court, and in such inferior courts as the Congress may, from time to time, ordain and establish. The judges, both of the Supreme and inferior courts, shall hold their offices during good behavior, and shall, at stated times, receive for their services a compensation, which shall not be diminished during their continuance in office.” Section II.—Jurisdiction of the United States Courts. 1. “The Judicial power shall extend to all cases, in law and equity, arising under this Constitution, the laws of the 276 CIVIL GOVERNMENT. United States, and treaties made, or which shall be made, under their authority ; to all cases affecting ambassadors, other public ministers, and consuls; to all cases of admir- alty and maritime jurisdiction ; to controversies to which the United States ‘shall be a party; to controversies be- tween two or more States, between a State and citizens of another State, between citizens of different States, between citizens of the same State, claiming lands under grants of different States, and between a State, or the citizens thereof, and foreign States, citizens, or subjects.” 2. “In all cases affecting ambassadors, other public ministers, and consuls, and those in which a State shall be a party, the Supreme Court shall have original jurisdic- tion. In all the other cases before mentioned, the Supreme Court shall have appellate jurisdiction, both as to law and fact, with such exceptions, and under such regulations, as the Congress shall make.” 3. “The trial of all crimes, except in cases of impeach- ment, shall be by jury; and such trial shall be held in the State where the said crimes shall have been committed; but when not committed within any State, the trial shall be at such place, or places, as the Congress may by law have directed.” Section III.—Treason. 1. “Treason against the United States shall consist only in levying war against them, or in adhering to their ene- mies, giving them aid and comfort. No person shall be convicted of treason, unless on the testimony of two wit- nesses to the same overt act, or on confession in open court.” 2. “The Congress shall have power to declare the pun- ishment of treason, but no attainder of treason shall work corruption of blood, or forfeiture, except during the life of the person attainted.” STATE PAPERS. 277 ARTICLE IV, Section I.—State Records. “Full faith and credit shall be given in each State to the public acts, records, and judicial proceedings of every other State. And the Congress may, by general laws, prescribe the manner in which such acts, records, and proceedings shall be proved and the effect thereof.” Section II.—Privileges of Citizens. 1. “The citizens of each State shall be entitled to all privileges and immunities of citizens in the several States.” 2. “A person charged in any State with treason, felony, or other crime, who shall flee from justice, and be found in another State, shall, on demand of the executive author- ity of the State from which he fled, be delivered up, to be removed to the State having jurisdiction of the crime.” 8. “No person held to service or labor in one State, under the laws thereof, escaping into another, shall, in consequence of any law or regulation therein, be discharged from such service or labor, but shall be delivered up on claim of the party to whom such service or labor may be due.” * Section III.—New States and Territories. 1. “New States may be admitted by the Congress into this Union; but no new State shall be formed, or erected, within the jurisdiction of any other State; nor any State * The Underground Railroad.—Before the abolition of slavery a system of aiding runaway slaves to reach Canada was perfected in vari- ous parts of the country. From different points on the Canadian frontier to the Southern States were secret routes, along which, generally by night, slaves were helped to freedom by persons opposed to slavery. The whole movement was unlawful at the time, and was popularly known as the “Underground Railroad.’ A slave reaching British soil in- stantly became free, 278 CIVIL GOVERNMENT. be formed, by the junction of two or more States, or parts of States, without the consent of the legislatures of the States concerned, as well as of the Congress.” 2. “The Congress shall have power to dispose of and make all needful rules and regulations respecting the ter- ritory, or other property, belonging to the United States; and nothing in this Constitution shall be so construed as to prejudice any claims of the United States, or of any particular State.” Section IV.—Guarantee to the States. “The United States shall guaranty to every State in this Union a republican form of government, and shall protect each of them against invasion; and, on application of the legislature, or of the executive (when the legislature cannot be convened), against domestic violence.” ARTICLE V. POWER OF AMENDMENT. “The Congress, whenever two-thirds of both Houses shall deem it necessary, shall propose amendments to this Constitution, or, on the application of the legislatures of two-thirds of the several States, shall call a convention for proposing amendments, which, in either case, shall be valid to all intents and purposes, as part of this Constitu- tion, when ratified by the legislatures of three-fourths of the several States, or by conventions in three-fourths there- of, as the one or the other mode of ratification may be pro- posed by the Congress; Provided, that no amendment, which may be made prior to the year one thousand eight hundred and eight, shall, in any manner, affect the first and fourth clauses in the ninth section of the first article ; and that no State, without its consent, shall be deprived of its equal suffrage in the Senate,” STATE PAPERS. 279 ARTICLE VI. PUBLIC DEBT, SUPREMACY OF THE CONSTI- TUTION, OATH OF OFFICE, RELIGIOUS TEST. 1. “ All debts contracted, and engagements entered into, before the adoption of this Constitution, shall be as valid against the United States, under this Constitution, as under the Confederation.” 2. “ This Constitution, and the laws of the United States which shall be made in pursuance thereof, and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every State shall be bound thereby, anything in the Constitution or laws of any State to the contrary notwithstanding.” 3. “The Senators and Representatives before mentioned, and the members of the several State legislatures, and all executive and judicial officers, both of the United States, and of the several States, shall be bound, by oath or affirm- ation, to support this Constitution ; but no religious test shall ever be required as a qualification to any office or public trust under the United States.” ARTICLE VII. RATIFICATION OF THE CONSTITUTION. “The ratification of the Conventions of nine States shall be sufficient for the establishment of this Constitution be- tween the States so ratifying the same.” Done in convention by the unanimous consent of the States present, the seventeenth day of September, in the year of our Lord, one thousand seven hundred and eighty- seven, and of the Independence of the United States of America the twelfth, AMENDMENTS TO THE CONSTITUTION. ARTICLES IN ADDITION TO, AND AMENDMENT OF, THE COon- STITUTION OF THE Untrep States or AMERICA,* Proposed by Congress and ratified by the Legislatures of the several States, pursuant to the fifth article of the original Constitution. Article I.—Freedom of Religion, ete. “Congress shall make no law respecting an establish- ment of religion, or prohibiting the free exercise thereof, or abridging the freedom of speech, or of the press; or the right of the people peaceably to.assemble, and to petition the Government for a redress of grievances.” Article Il.—Right to Bear Arms. “A well-regulated militia being necessary to the security of a free State, the right of the people to keep and bear arms shall not be infringed.” Article III].—Quartering Soldiers on Citizens. “No soldier shall, in time of peace, be quartered in any house, without the consent of the owner; nor, in time of war, but in a manner to be prescribed by law.” * More than seven hundred amendments to the Constitution have been proposed since it was adopted. Several are usually proposed at each session of Congress. The first twelve articles of amendment to the Federal Constitution were adopted so soon after the original organization of the Government under it in 1789 as to justify the statement that they were practically conteniporaneous with the adoption of the original (Justice MILLER, U. S. Supreme Court). 280 AMENDMENTS TO THE CONSTITUTION. 281 Article 1V.—Search-Warrants. “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated; and no warrants shall issue, but upon probable cause, supported by oath or affirm- ation, and particularly describing the place to be searched, and the persons or things to be seized.” Article V.—Trial for Crime, ete. “No person shall be held to answer for a capital or other- wise infamous crime, unless on a presentment or indict- ment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service, in time of war, or public danger; nor shall any person be subject, for the same offence, to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case, to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.” Article VI.—Rights of Accused Persons. “Tn all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascer- tained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor; and to have the assistance of counsel for his defence.” Article VII.—Suits at Common Law. “Tn suits at common law, where the value in contro- versy shall exceed twenty dollars, the right of trial by jury shall be preserved ; and no fact, tried by a jury, shall be 282 CIVIL GOVERNMENT. otherwise re-examined in any court of the United States, than according to the rules of the common law.” Article VIII.—Excessive Bail. “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.” Article IX.—Rights Retained by the People. “The enumeration in the Constitution of certain rights shall not be construed to deny or disparage others retained by the people.” Article X.—Reserved Powers of the States. “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are re- served to the States respectively, or to the people. Article XI. “The judicial power of the United States shall not be construed to extend to any suit in law or equity, com- menced or prosecuted against one of the United States by citizens of another State, or by citizens or subjects of any foreign State.”* Article XII.—Mode of Choosing the President and Vice-President. 1. “The Electors shall meet in their respective States, and vote by ballot for President and Vice-President, one * Jn the case of Chisholm vs. The State of Georgia, the Supreme Court decided that under Article III. 3 2 of the Constitution a private citizen of a State might bring suit against a State other than the one of which he was a citizen. This decision, by which a State might be brought as defendant before the bar of a Federal court, was highly displeasing to the majority of the States in 1794. On the 5th of March of that year the Eleventh Amendment was passed by two- thirds of both houses of Congress, and declared in force January 8, 1798. Practically, the amendment has been the authority for the repudiation of debts by several States. AMENDMENTS TO THE CONSTITUTION. 283 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 government of the United States, directed to the President of the Sen- ate; the President of the Senate shall, in the presence of the Senate and House of Representatives, open all the cer- tificates, 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 num- bers, not exceeding three, on the list of those voted for as President, the House of Representatives shall choose im- mediately, by ballot, the President. But in choosing the President, the votes shall be taken by States, the represen- tation 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 Rep- resentatives shall not choose a President, whenever the right to choose shall devolve upon them, before the fourth day of March next following, then the Vice-President shall act as President, and in case of the death, or other consti- tutional disability, of the President.” 2. “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 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 Sen- 284 CIVIL GOVERNMENT. ators; a majority of the whole number shall be necessary to a choice.” 3. “But no person constitutionally ineligible to the office of President, shall be eligible to that of Vice-President of the United States.” Article XIII.—Abolition of Slavery. 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.” 2. “Congress shall have power to enforce this article by appropriate legislation.” * Article XIV.—Right of Citizenship, etc. 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.” + * The Emancipation Proclamation and the events of the Civil War led to the adoption of the Thirteenth Amendment. Its language is substantially the same as that used in the celebrated ordinance of 1787. It was proposed April 8, 1864, and proclaimed in force Dec. 18, 1865. + The events of the Civil War (1861-65) made necessary an entire reconstruction of political society in the United States, to accord with the new conditions produced by the abolition of slavery. The object of the amendment was to confer cilizenship upon negroes, and to make it an object to all the States to recognize and further this right. It was pro- posed June 8, 1866, and declared in force July 28, 1868. The amend- ment is especially illustrative of the “reconstruction” ideas in force after the war. The amendment made the people of the colored race citizens of the United States, and conferred upon them the equal protec- tion of the laws, AMENDMENTS TO THE CONSTITUTION. 285 2. “Representatives shall be apportioned among the several States according to their respective nunibers, count- ing the whole number of persons in each State, excluding Indians not taxed. But when the right to vote at any election for the choice of Electors for President and Vice- President of the United States, Representatives in Congress, the executive and judicial officers of a State, or the mem- bers of the Legislature thereof, is denied to any of the male inhabitants of such State, being twenty-one years of age, and citizens of the United States, or in any way abridged, except for participation in rebellion or other crime, the basis of representation therein shall be reduced in the pro- portion which the number of such male citizens shall bear to the whole number of male citizens, twenty-one years of age, in such State.” 8. “No person shall be a Senator or Representative in Congress, or Elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath as a member of Congress, or as an officer of the United States, or as a member of any State Legislature, or as an execu- tive or judicial officer of any State, to support the Con- stitution of the United States, shall have engaged in in- surrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may, by a vote of two-thirds of each House, remove such disability.” 4. “The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing Insur- rection or rebellion, shall not be questioned. But neither the United States nor any State shall assume or pay any debt or obligation incurred in aid of insurrection or rebel- lion against the United States, or any claim for the loss or emancipation of any slave, but all such debts, obligations, and claims shall be held illegal and void.” 286 CIVIL GOVERNMENT. 5. “ The Congress shall have power to enforce, by appro- priate legislation, the provisions of this article.” Article XV.—Right of Suffrage. 1. “The right of citizens of the United States to vote shall not be denied or abridged by the United States, or by any State, on account of race, color, or previous con- dition of*servitude.” 2. “The Congress shall have power to enforce this arti- cle by appropriate legislation.” * * “The Constitution of the United States does not confer the right of suffrage upon any one” (CHIEF-JusTICE WAITE). An amendment was necessary to prevent the States or the United States from giving prefer- ence, in the right to vote, to one citizen of the United States over an- other on account of race, color or previous condition of servitude. “The Fifteenth Amendment had the effect in law of removing from the State constitutions, or making void, any provision in them which restricted the right to vote to the white race”(JusticE HARLAN). By the second section Congress is expressly empowered to enforce the amendment. It was proposed by Congress Feb. 26, 1869, and proclaimed in force March 30, 1870. This amendment illustrates the liberal character of the Government of the people of the United States, and a striking contrast may now be drawn between the narrow and somewhat selfish principles of the Federal Government in 1789, and the broad and humane principles which actuate the nation at the present time. EMANCIPATION PROCLAMATION BY PRES- IDENT LINCOLN, JANUARY 1, 1863.* Wuereas, On the twenty-second day of September, in the year of our Lord one thousand eight hundred and sixty-two, a proclamation was issued by the President of the United States, containing among other things the fol- lowing, to wit: “That on the first day of January, in the year of our Lord one thousand eight hundred and sixty- three, all persons held as slaves within any state, or desig- nated part of the state, the people whereof shall be in rebel- lion against the United States, shall be then, thenceforward, and for ever free; and the executive government of the United States, including the military and naval authority thereof, will recognize and maintain the freedom of such persons, and will do no act or acts to repress such persons or any of them in any efforts they may make for their actual freedom; that the Executive will, on the first day of January aforesaid, by proclamation, designate the states, and parts of states, if any, in which the people thereof, respectively, shall then be in rebellion against the United States; and the fact that any state, or the people thereof, shall on that day be in good faith represented in the Con- gress of the United States by members chosen thereto at * The tendency of the Government of the people of the United States toward liberal sentiments and the general welfare of man is shown by the legislation, considered as a whole, of Congress and of the States, but by no act more conspicuously than by the abolition of slavery in the United States. Slavery was abolished by the Thirteenth Amend- ment to the Constitution, but preliminary to the amendment was the Emancipation Proclamation, written and issued by President Lincoln. His proclamation may be considered as the second Magna Charta in the history of our race. It transformed the people of the United States into a nation of peers. 287 288 CIVIL GOVERNMENT. elections wherein a majority of the qualified voters of such states shall have participated, shall, in the absence of strong countervailing testimony, be deemed conclusive evidence that such state, and the people thereof, be not then in re- bellion against the United States.” Now, therefore, I, Abraham Lincoln, President of the United States, by virtue of the power in me vested as com- mander-in-chief of the army and navy of the United States in time of actual armed rebellion against the authority and government of the United States, and as a fit and necessary war-measure for suppressing said rebellion, do, on this first day of January, in the year of our Lord one thousand eight hundred and sixty-three, and in accordance with my pur- pose so to do, publicly proclaimed for the full period of one hundred days from the day first above mentioned, order and designate as the states and parts of states, where- in the people thereof, respectively, are this day in rebellion against the United States, the following, to wit: Arkan- sas, Texas, Louisiana (except the parishes of St. Bernard, Plaquemines, Jefferson, St. John, St. Charles, St. James, Ascension, Assumption, Terre-Bonne, Lafourche, Ste. Marie, St. Martin, and Orleans, including the city of New Orleans), Mississippi, Alabama, Florida, Georgia, South Carolina, North Carolina, and Virginia (except the forty-eight coun- ties designated as West Virginia, and also the counties of Berkeley, Accomac, Northampton, Elizabeth City, York, Princess Anna, and Norfolk, including the cities of Nor- folk and Portsmouth), and which excepted parts are, for the present, left precisely as if this proclamation were not issued. And by virtue of the power, and for the purpose aforesaid, I do order and declare, that all persons held as slaves within said designated states and parts of states, are and henceforward shall be free; and that the executive government of the United States, including the military and naval authorities thereof, will recognize and maintain the freedom of said persons. And I hereby enjoin upon THE EMANCIPATION PROCLAMATION. 289 the people so declared to be free to abstain from all vio- lence, unless in necessary self-defence; and I recommend to them, that in all cases, when allowed, they labor faith- fully for reasonable wages. And I further declare and make known, that such persons, of suitable condition, will be received into the armed service of the United States, to garrison forts, positions, stations, and other places, and to man vessels of all sorts in said service. And upon this act, sincerely believed to be an act of justice, warranted by the Constitution upon military necessity, I invoke the considerate judgment of mankind and the gracious favor of Almighty God. In testimony whereof I have hereunto set my name, and caused the seal of the United States to be affixed. Done at the city of Washington this first day of Jan- uary, in the year of our Lord one thousand eight hundred and sixty-three, and of the independence of the United States the eighty-seventh. ABRAHAM LINCOLN. By the President: : Wituiam H. Sewarp, Secretary of State. 19 APPENDIX. The States abolished property qualifications as follows: In New Hampshire the tax test was abolished in 1792. Georgia the property “ . “1798, Maryland is - “1801. Massachusetts“ = “1821. New York a ee ¢ “1821. f the tax eS « “1826, Delaware the property “ “1831, New Jersey “ HE “1844, Connecticut “ " “ “1845. South Carolina “ es “1865. North Carolina ‘“ ef 3 “1854, Virginia a a 8 “1850. “ the tax test of 1864 “ “1882. Tennessee the property test mt “1834. Ohio _ s ef “1851, Louisiana the tax s “ “1845. Mississippi “ ye “1832. Rhode Island, the prop, “ a “1888. 292 APPENDIX. Table showing the Qualifications of Electors in the Various States. RESIDENCE IN STATE. 2years, Ky., R. L* lyear, Ala, Ark.,Ct., Del. Fla., ‘Tl, La., Md., Mass., Mo., a N.J., N.Y. N.C, O., nt Pa, S.C. Tenn., Tex., Vt, Va. W. Va. Wis. 6 months, Col., Ga., Ind., Ia., Or., “ Kan., Miss., Neb., Nev. A % Minn. 3 Me., Mich. RESIDENCE IN CoUNTY. lyear, Ky. 6 months, Ark., Fla, La, Md., a Tenn., Tex. + N. J. te N. Y. Ala., Cal., IIL, N.C., Va. se Ta., Mo., 8. C., W. Va. “ Del., Ga., Miss., Nev. a OO In other States “as provided by law.” Disrrict, Town, City, PREcINcT orn WARD. 6 months, Ct., Mass., R. I. a Va. Z, Ky., Mo., Pa. Le Ala, Ark. Cal, I., * Ind. (in ward 60 days, in e tp. 1), Kan., La, Nev., a N. Y. 10 days, Mich., Minn, Taxes, STATE oR CounrTY. Paid within two years in Del., Ga., Mass., Pa., R.I., Tenn. The remaining States have no proyis- ion on the subject. EDUCATION. To read, Ct., Mass., Mo. “ write, Mass., Mo. AGE. 21 years in all the States. *If a U.S. citizen, one year. APPENDIX. 293 Number of Cities, Classified according to Size. 8,000 | 12,000 |20,000 |40,000 | 75,000 | 125,000 | 250,000 | 500,000 | 1,000,000 DaTE.| to to to to to to to to and |Total. 12,000 20,000, 40,000. Ha000. 125,000. | 250,000. | 500,000. |1,000,000) above. w790) 1] 3) 1] 1 | ses. illrae. He casei ae F) lan IN ae 1800.) 1] ... 3 2s ane | 6 1810.) 4 2 So ses 2 11 1820.| 3 4 2 2 2 eo 13 1830.; 12 7 3 1 1 2 sae 26 1840.| 17 | 11 | 10 1 3 1 i vite 44 1856.} 36 | 20) 14 7 3 3 1 1 85 1860.| 62 | 34] 23 12 2 5 ] 2 141 1870.| 92} 63 | 39 14 Ss 3 5 2 226 1880.;110 | 76] 55) 21 9 7 4 3 1 | 286 City Population, and its Percentage of Total Population. Population Population Percentage of DATE. of of Total Popula- United States. Cities. tion in Cities. 1790. 3,929,214 131,472 3.3 1800 . . 5,808,483 210,873 3.9 1810 . 7,239,881 356,920 49 1820 . . 9,633,822 475,135 4.9 1830. . . 12,866,020 864,509 6.7 1840 . 17,069,453 1,453,994 8.5 1850 . $a 23,191,876 2,897,586 12.5 1860... . 31,443,321 5,072,256 16.1 1870... 4 38,558,371 8,071,875 20.9 1880... . . 60,155,783 11,318,547 22.5 294 APPENDIX. New State Constitutions. The States have framed constitutions as follows [the States are named in the order in which they came into the Union] : 1. Delaware, 1776, 1792, 1831. . Pennsylvania, 1776, 1790, 1838, 1873. . New Jersey, 1776, 1844. . Georgia, 1777, 1789, 1798, 1839, 1868, 1877. Connecticut, Charter of 1662, Constitution of 1818. . Massachusetts, 1780. . Maryland, 1776, 1851, 1864, 1867. . South Carolina, 1776, 1778, 1790, 1868. 9. New Hampshire, 1776, 1784, 1792, 1876. 10. Virginia, 1776, 1830, 1850, 1870. 11. New York, 1777, 1821, 1846. 12. North Carolina, 1776, 1868, 1876. 13. Rhode Island, Charter of 1663, Constitution of 1842. 14. Vermont, admitted March 4, 1791,* Free.t Constitutions, 1776, 1786, 1793. 15. Kentucky, admitted June 1, 1792, Slave. Constitutions, 1792, 1799, 1850. 16. Tennessee, June 1, 1796, Slave. 1834, 1865, 1870. 17. Ohio, November 29, 1802, Free. 18851. 18. Louisiana, April 30, 1812, Slave. 1845, 1852, 1868, 1879. OMAN POD * The date of admission is the date of the first State constitution that was accepted by Congress. ft The political importance of slavery in American affairs may be seen from the admission of States as Slave or Free: that is, as permitting or as forbid- ding slavery in their constitutions. From the governmental facts here outlined may be drawn some interesting conclusions : 1. That until 1850 the number of Free and-of Slave States in the Union was equal, thus maintaining what was then known as “the balance of power in legislation.” 2. That the Free States were north of 36° 30’, except Missouri. 3. That Western Slave States were directly west of Eastern Slave States. 4. That Kansas was the first State in which occurred a struggle between freedom and slavery for the control of the State Government. 5. That all former Slave States made new constitutions about 1865, in accordance with the results of the Civil War as expressed in the Thirteenth Amendment to the Constitution of the United States, 19. 20. 21, 22. 23. 24, 25. 26. 27. 28, 29. 30. 31. 32. 33. 34. 30. 36. 37. 38. APPENDIX. 295 Indiana, December 11, 1816, Free. 1851. Mississippi, December 10, 1817, Slave. 1832, 1868. Illinois, December 3, 1818, Free. 1848, 1870. Alabama, December 14, 1819, Slave. 1867, 1875. Maine, March 15, 1820, Free. Missouri, August 10, 1821, Slave. 1865, 1875. Arkansas, June 15, 1836, Slave. 1868, 1874. Michigan, January 26, 1837, Free. 1880. Florida, March 3, 1845, Slave. 1865, 1868, 1886. Texas, December 29, 1845, Slave. 1866, 1868, 1876. Towa, December 28, 1846, Free. 1857 Wisconsin, May 29, 1848. Free. California, September 9, 1850, Free. 1879. Minnesota, May 11, 1858. Free. Oregon, February 14, 1859. Free. Kansas, January 29, 1861. Free. (Slave constitution, 1855; Free constitution in 1857; Slave constitution in 1858; a Free constitution in 1859, on which the State was admitted.) West Virginia, June 19, 1863, Free. 1872. Nevada, October 31, 1864. Free. Nebraska, March 1, 1867. Free. 1875, Colorado, August 1, 1876. Free. 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OLOUL LL PrBLTEAL eeeeesnerssneetnaes oseeeneennees BOOT sre" GQ T-GRsT | W133 8UO “¢8-TRBI ‘sep GT ‘sourg "sd ¢ ‘TSel ‘sABp CT puv syyuoM g teeeee eee TORTI OT $ W194 9UO } +09) 18T-GORT { SUIII] OMT “GQQT-GORT { ‘SOT TT pure ‘sik g } “SO-T9ST {OU T PU TIE} T treet TOQT-JegT THI0} oUQ seeseeseees QT -OGQT { wey aug “ECgT-OGgl {som g pus std Z% ““OS8L-GFST | ‘SOU F pus “14 T “0K MON sie eeeeee sree? OLIGO) tre reeeereeeene OT) seeeeeeeeee STOUITTT “ee BassouUaL, Heese STOMTTIT “ e1aea Asano g ‘OIL YSdULe HY MON “ITOK MON see BUBISINOT so COSTLIVyT urmmelueg “PUBlPAI[O IAAOIy) “ANYLV “VY 1998949 seme proyaey “y somes “sa kBLT "Gf PLOFLOYINY sees seeaeTy “g sasséTQ. sore eTIosUyOr MeIPUy serrerr THOOUITY WBYBIgY ““ueueyong somer teeees eee OQ IOT UIUC sere QTOUNTTLT PLETAL tee cree rop hey, IBOBZ, & cer 16 0% 61 8T LI ot at cas eT er [The references are to paragraphs, except when the page is indicated. ] ABOLITION, 248. Access to President, 328. Adams, J., President, 90, 111. Adams, J. Q., President, 321, 327. Adams, Samuel, 145. Administration, 154, 198. Africans, 30. Age, 122. Agriculture, 15, 345. Alabama case, 349. Alaska, 238, Albany Plan of Union, 217. Alderman, 164. Amendment, 135. America, 38, 63, 64, 403. Anarchism, 400. Anarchy, 113. Ancestors, 37. Angles, 46, 48. Annapolis, 127, 291. Annexation, 234. Anti-rent troubles, 91. Appeal, 171, 197, 356. Apportionment, 253. Arbitration, 349. Archbishop, 54. Area, 248. Aristocracy, 22. Aristotle, p. 9. Arms, right to bear, 304. Army, 290. Art, 283. Articles of Confederation, 104, 221, p. 280. Asiatics, 30. Assembly, 120, 196. Assessor, 166. Association, 25. Astronomy, 9. Attorney, 173, 198. Auditor, 169, 181, 198, 339. Bacon, NATHANIEL, 80. Ballot, 80, 142, 146. Bank, 141, 365, 369, 370. Bankruptcy, 279. Barons’ war, 54. Base line, 243. Basis of government, 24, 315, p. 83. Bill, how made into a law by Con- gress, 272. Bill of attainder, 297. Bill of credit, 313. Bill of revenue, 272. Bill of rights, 62, 101, 118. Board of Trade, 95, 216. Bonds, 167, 168, 368. Boone, Daniel, 81. 301 302 Borough, 39, 182. Bosses, 146. Boundaries, 205, 247. Breach of the peace, 269. Buchanan, President, 337. Bureau of Education, 342. Bureau of Statistics, 339. Buying votes, 146. “By” the; by-law, 42. CaBINET, 134, 270, 324, 330, 336, 345. Cabot, 230. Cesar, 37. California, 81, 200, 208, 235. Campaign, 144, 148. Canal, 198; lands, 245. Caucus, 143, 144, 145, 146. Census, 130, 136. Centennial of Constitution, 127, Chaplain, 255. Charge d’affaires, 338. Charles IT., 61. Charter, 55, 76, 81, 87, 103, 182. Chief of police, 184. Church, 73, 76, 83, 84, 85. Circuit courts, 358. Civil cases, 171, 350, 351. Civil institutions, 1, 18, 45, 47. Civil jurisdiction, 73, 84, 85. Civil rights, 24, 74, 377. Civil service, 328. Civil war, 225, 229. Citizen, 22, 29, 30, 36, 61, 124, 125, 131, 390 et seq. City, 27, 49, 182, 184, 187, 188, 189, 190, 191, 207. Clergymen, 120. Clerk, 174, 255. Coast Survey, 339. Coin certificate, 366. Coins, 362. INDEX. Colonies, 94. Commerce, 20. Commissioner, 175, 198, 339, 342, 358. Committees, 256, 263. Common carriers, 31. Commons, 48. Commonwealth, 60. Communism, 400. Compensation, 269. Compromise, 129. Comptroller, 339. Confederation, 104, 106, 110, 114, 221, Congress, 101, 102, 107, 108, 114, 250, 314, 315. Connecticut, 63, 132, 240. Conquest of Britain, 46. Constable, 160. Constellation, 9. Constituency, 154. Constitution, 38, 103, 118, 127, 128, 129, 130, 131, 132, 135, 196, 199, 200, 212, 213, 222, 285, 898; of United States, p. 263. Consular service, 338, 358. Continental money, 112. Contract, 312, 350, 351. Convention, 127, 128, 143, 194, 316. Coon-skins, 148. Copyright, 284, 286. Coroner, 159, 178. Corporation, 33. Correction lines, 243. Cotton, 96. Council, 120, 164, 184, 208, 249. Count Cavour, p. 9. Counterfeiting, 280. Counties, 72, 73, 170, 171, 173, 174, 175, 207. Courts, 65, 69, 131, 171, 184, 287, 347, 348, 350, 358. INDEX. Credit, 276. Crimes, 12, 14. Criminal case, 12, 14, 171. Cromwell, 60. Custom, 8, 19, 20, 64, 137. DEcLARATION OF INDEPENDENCE, 104, 220, p. 244. Declaration of Rights, 218, 219; p. 241. Delaware, 63, 93, 122, 132. Delegates, 194, 208. Democracy, 22, 80. Denmark, 37. Departments, 102, 118, 134, 336, 337, 339, 340, 341, 342, 343, 344, 345, Desert land, 245. De Tocqueville, p. 9. Diplomatic service, 338. Director of Mint, 339. Directors of schools, 162. District, 196. District courts, 358. District of Columbia, 358. Doorkeeper, 255, 260. Dutch, 63, 91, 215. Duty, 27, 47. EDINBURGH, 39. Education, bureau of, 342. Election, 80, 142, 155, 251, 321. Electoral College, 130, 319, 320, 323. Electoral commission, 321. Electors, 124, 125, 126, 142, 143, 150, 151. Ellsworth, 128. Emancipation, 228; Proclamation, p. 126, 287. Eminent domain, 33, 307. Engineer, 177. 303 England, 60, 95, p. 307. Envoys extraordinary, 338. Estates, 171. Evils in politics, 146, 147. Execution, 355. Executive, 118, 119, 122, 129, 130, 195, 208, 336 et seq. Expenditures, 301, 373. Ex post facto law, 297, 313. Fac-sImMILe of Declaration of In- dependence, p. 244. Factory, 18. Federal judges, 130, 357, 358. Felony, 269. Female suffrage, 151. Fence-rails, 148. Feudal system, 52. Finance, 187, 361. Fines, 309. Flag, 402. Florida, 233. Foes of the nation, 400. Foreigners, 30, 278, 318. Fractional currency, 367. France, 230. Franchise, 310, Franklin, 127, 217. Freedom, 303. Freemen, 40, 48, 100. Fund for campaigns, 144, 146. Fundamental law, p. 9. = GapsDEN PurRCcHASE, 236. Garfield, p. 83. Gaul, 37. General Assembly, 84, 196. Geneva award, 349. Geodetic survey, 339. Geographical unity, 248. Georgia, 63, 79, 182. Germany, 37, 46. 304 Gerry, 128. Gifts, 302. Gladstone, p. 117. God, 15, 34, p. 83. Government, 20, 21, 22, 23, 24, 65, 105, 139, 184, 188, 193, 208, 209, 311, 315, 399, 403. Governor, 100, 195, 208; list of governors, pp. 296, 297. Grand jury, 353. Grand model, 78. Habeas Corpus, 61, 296, 352. Hamilton, 128, 339, 379. Hard cider, 148. Hayes, President, 381. Henry IIL, 56. Herdsmen, 6, 7, 8, 9, 10. Homesteads, 245. Hours of labor, 31. House of Commons, 56, 57, 58, 65, 67, 120. House of Delegates, 120, 208. House of Lords, 56, 65, 68. House of Representatives, 120, 251, 253, 255. House of Stuart, 58, 63. Householders, 305. Hudson River, 91. Hue and cry, 50. Hundred, the, 42. Husbandmen, 13. IMPEACHMENT, 267, 330, 331. Inauguration, 326. Income, 203, 246. Incompatible offices, 270. Incorporation, 182, 183. Indebtedness, 187. Independence, 98. Indian affairs, 216, 245. Indictment, 352. INDEX. Individuals and society, 26, 28, 390 et seq. Industry, 17, 31, 91, 391. Inferior courts of United States, 287, 358. Institutions, 1, 189. Insurance commissioner, 198. Interior, Department of, 342. International copyright, 286. Iowa, 200. Issues in politics, 383. Jackson, President, 330. James IT., 62. Jefferson, President, 90, 104, 226, 242, 321, 339, 362, p. 83. Job, book of, 9. John, king of England, 54, 55, p. 34. Johnson, 128, 267. Joint rules, 264. Journal, 265. Judgment, 355. Judiciary, 121, 123, 130, 171, 197, 208. Jury, 51, 178, 308, 351, 353. Justice, 42, 159, 344, 360. Justice of the peace, 159. Kansas, 137, 225. Kentucky, 81, 94, 122. Kentucky resolutions, 226. King, 49, 52, 53, 54, 55, 58, 65, 66, 84. King Caucus, 148. Lapor, 10, 16, 31, 198. Land, 13, 40, 48, 204, 230, 240, 242, 248. Langton, Archbishop, 54. Language, 3, 9, 15, 19. Laws, 20, 198, 208, 297, 390, 393. INDEX. Legal tender, 364. Legislature, 42, 56, 59, 62, 65, 67, 68, 70, 73, 76, 77, 78, 84, 86, 91, 100, 101, 102, 103, 118, 120, 130, 250. Levy of tax, 166. Liberty, 296, 389, p. 225. Librarian, 198, 260. Lieutenant-governor, 198. Life-saving service, 339. Limitations on States, 318, 314. Lincoln, 228, 245, 296, p. 83. Little Parliament, 70. Livingstone, 128. Lobby, 270. Local Government, p. 83. Local history, 140. Local option, 249. Locke’s grand model, 78. Longfellow, 402. Louisiana purchase, 232, Mace, 255. ; Madison, President, 127, 226, 337. Magna Charta, 55, 104, 228. Mails, 282. Man, p. 9; 47. Manners, 91, 137, 140, 388. Manufactures, 16, 17. Map of Public Domain, p. 128. Marshal, United States, 358. Marshall, Chief-justice, 294, 315, 337. Maryland, 63, 76, 122, 127, 132. Mason and Dixon’s line, 205. Massachusetts, 63, 81, 82, 85, 132, 200, 240. Mayflower Compact, 81, 239, p. 49. Mayor, 163. Membership of Congress, 253. Meridian in survey, 243. Mesilla Valley, 236. 20 Message, 130, 332. Mexico, 230. Middle colonies, 93. Migration, 91, 137, 140. Military divisions of the United States, 290. Military lands, 245. Militia, 291. Minister plenipotentiary, 338. Minority President, 323. Mint, 362. Mobs, 388. Monarchy, 22. Money, 110, 111, 112, 169, 280, 362, 363. Monroe, President, 242, 337. Morals, 27, 395. Morris, 127. Mulford, pp. 9, 117. Napoxeoy, 47. Nation, 99, 210, 211, 212, 214, 248, 335, 396 et seq. National bank-notes, 365. National convention, 316. National debt, 371. Natural rights, 29. Naturalization, 125, 278, 390. Navy, 299. New England, 43, 81, 90, 93, 215. New Hampshire, 63, 88, 132. New Jersey, 63, 93. New States, 131, 138, 293. New trial, 356. Newspapers, 148. Nihilism, 400. Nolle prosequi, 353. Nominating conventions, 143, 316. Norman conquest, 52. North Carolina, 63, 77, 122, 182, 240. North-west Territory, 223. 306 Nullification, 227. OatuH, 157, 256, 261, 278, 325. Obligation of contracts, 312. Officers, 157, 185, 198. Official title, 271. Ordinance of 1787, 223, 224. Oregon, 237. : Origin of township survey, 242. Original area of United States, 231. Otto, quoted, 114. “ Outsiders,” 316. Overseers of the poor, 176. PAPER MONEY, 111. Parish, 41, 71, 73, 82. Parliament, 56, 65, 84, 120. Parties in politics, 141, 378, 380, 381, 386. Passport, 337. Patent, 285. Patriarchal government, 7. Penn’s Plan of Union, 216. Pennsylvania, 63, 92, 127, 182. Pensions, 342. Person, 24, 391, 392, 398, 394, 395. Personal liberty, 296. Personal security, 306. Petit jury, 354. Petition of right, 59. Philadelphia, 93, 101, 127, 222, 388. Piracy, 288, 306. Pittsburgh, 39, 94, 311. Planks, 384, Planter, 75. Platforms, 384. Plymouth, 81. Politics, 24, 27, 28, 32, 64, 116, 130, 141, 146, 147, 374, 375, 376, 378, 380, 383, 386, 387. 188, 100, 154, 381, INDEX. Polls, 152, 154. Population, 94, 137, 248. Portland, 94. Posse comitatus, 50, 160, 172. Post-office, 101, 260, 343. Potomac River, 127. Powers denied the States, 313. Powers of Congress, 107, 274, 294. Powers of United States courts, 359. Precincts, 186. Pre-emption, 245. President of the Senate, 260. President of the United States, 55, 130, 318, 319, 320, 321, 324, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 346, 348. President pro tempore, 262. Presidents, table of, pp. 298, 299. Principal meridian, 243. Principles of government, 10, 47, 70, 97, 187, 141, 147, 209, 395. Private property, 307. Prohibition, 249. Proportional taxation, 298. Proprietors, 76, 78. Punishments, 309. Purchase of lands from States by the United States, 239. Puritans, 69. QUALIFICATIONS, 122, 125, 149, 252, 258, 318. RalLROAD CoMMISSIONER, 198. Railroad land, 245. Raleigh, Sir Walter, 230. Range lines, 243. Ratification, 131. INDEX. Recorder, 174. Reforms, 188, 387. Register, 174, 339. Regularity of Western States, 206. Religion, 122, 125. Reports, 347. Representation, 129, 130, 190, 252, 253. Republic, 22. Repudiation, 112. Residence, 122, 125. Return, 156. Revenue, 272, 275, 372. Revolution, 23, 100, 105. Rhode Island, 63, 86, 112, 113, 127, 182. Rights, 3, 11, 12, 24, 25, 26, 29, 31, 32, 33, 34, 35, 36, 47, 48, 91, 295, 304, 305, 346, 391, 392, 393, 394, 395. Roads, 161. Rome, 37. Rotation in office, 130. Russia, 230. Rutledge, 128. SABBATH, 35. Salaries, 172, 268, 269, 327. Savages, 2, 3, 4, 5. Savannah, 94. Saxon ideas, 48. Schleswig, 37. School, 35, 162, 179, 185, 198, 245. School directors, 162. Science, 283. Seal, 337, 402. Secession, 227. Secretary, 198, 260, 337. Section of land, 244. Selectmen, 164. Senator, 258, Sentence, 355. 307 Sergeant-at-arms, 255, 260. Session, 266; of legislatures, 196, p. 296, 299. Seward, 337. Shakespeare, 65. Sheriff, 44, 50, 172. Sherman, 120. Shire, 43. Signal corps, 291. Simon de Montfort, 56. Slavery, 86, 90, 96, 129, 224, 225, 310. Smithsonian Institution, 283. Socialism, 400. Society, 26, 30, 33, 394. Solicitor of the Treasury, 329. South Carolina, 63, 78, 122, 132, 227, 240. Sovereignty, 397. Southern colonies, 80, 93. Speaker, 255. “Split,” a, 144, Spoils, 154. Standards, 281. State, 118, 138, 185, 191, 192, 197, 198, 200, 201, 203, 205, 208, 211, 227, 240, 311, 313, 314, 337, 347. Suffrage, 126, 150, 151, 153. Superintendent, 179, 185, 198. Supervisor of roads, 161. Supreme Court, 197, 357, p. 203. Supreme law, 199. Supreme power of Congress, 294. Survey, 242. Surveyor, 177, 244. Swedes, 63. Tax, 51, 53, 131, 166, 167, 202, 275, 298. Temple quoted, 115. Tennessee, 81, 122. 3808 Territory, 208, 293. Texas, 230, 234. Theocracy, 22. Timber lands, 245. Title, 195, 204, 280, 271, 302. Tools, 15, 16. Town, township, 9, 39, 40, 73, 82, 84, 158, 170, 207, 248, 244, Trade, 95, 127, 299. Treason, 28. Treasury, 102, 168, 180, 198, 339, 364. Treaty, 231, 247, 397. UNDERGROUND RAILROAD, p. 277, Union, 214, 215, 216, 217, 396, 397, 398, 399, 400, 401, 402, 403. United States, 133, 231, 247, 287. University of Pennsylvania, 128. Upper house, 100, 257. Vacancies, 254, 259, 324, 358. Van Buren, President, 302, 330, 3387. Vermont, 89, 113, 125. Veto, 195, 273. INDEX. Vice-President, 130, 260, 261, 262, 322. Virginia, 70, 72, 82, 85, 127, 132, 200, 240. Virginia and Kentucky resolu- tions, 226. Voting, 146, 149, 150, 153, 156, 273. Wages, 31. Waite, Chief-Justice, 359. War, 90, 229, 289, 340. Wards, 186. 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