J'jf ')l/Tfi "P f „ Q/ / A> 9 J JV i ■■■[/ VJI /(nVA/SFNI) Wmi Class J\(l^i Book. , l"7^Hh G9FYRIGHT DEPOSCC SHORTER COURSE IN CIVIL GOVERNMENT ARRANGED IN TOPICS, WITH NUMEROUS QUESTIONS FOR CONVENIENCE IN TEACHING BY CALVIN TOWNSEND Counselor at Law Author of " Analysis of the Constitution of the United States," "Analysis of Civil Government," "Compendium of Commercial Law," " Analysis of Letter-Writing," etc. NEW YORK •:• CINCINNATI •:• CHICAGO AMERICAN BOOK COMPANY JK25 5!i6 Copyright, 1875, by Calvin Townsend. Copyright, 1892, by American Book Company. Copyright, 1903, 1912, by Edward C. Townsend. MO. ED. TOWN. S. C. CIV. GOV. w. p. 4 CCI.A316897 PREFACE. THE first attempt ever made to present the subject of Civil Government in a really didactic form was made by the author a few years ago, through his "Analysis of Civil Government." Although the method was entirely new and therefore open to fair criticism, that work has been received with favor, and is used as the text-book on the subject by many of our most prominent institutions of learning. From its first appearance, the call for it has increased to an extent both flattering to the author and gratifying to the publishers. But it would be difficult, if not impossible, to prepare a text-book on any subject equally adapted to all grades of scholarship. A book may meet the wants of a college or university, which may not be convenient for use in pre- paratory schools. Hence, while the " Analysis of Civil Government " has proved its entire fitness for the higher institutions, the calls have been numerous from teachers of common, select, and grammar schools, for a shorter text- book, but on the general plan of the "Analysis." Thousands of our live, earnest, devoted educators believe with a working faith that the day is not distant when civil government will be in the list of compulsory studies in the common school. From many of this class of faithful labor- ers the author has received letters urging and encouraging him to the preparation of this little volume. One corre- spondent says, " The common schools do not call for a bet- ter book than your ' Analysis of Civil Government,' but for one that is shorter, simpler, and more easily taught to the boys and girls of ages from twelve to sixteen years. Your 'Analysis' is all that could be asked in high schools, nor- mal schools, and even colleges and universities." iU iv PREFACE. This little volume is not intended to take the place of the author's larger work, herein referred to. Every teacher who uses this will find that book a great convenience, if not a necessity, on his table. It dwells more at large and in detail on many matters that are but very briefly noticed in these pages. The peculiarities of this class-book are in some degree the result of friendly suggestions from sources already credited, and are as follows: — 1. The matter is presented by topics and in analytical form. 2. The chapters are divided into lessons, each of conven- ient length for class drill. 3. For convenience in teaching, each lesson is immediately followed by questions relating to the subject-matter thereof. It has not been thought necessary to take up the govern- ments of the States and their subdivisions and treat them one by one as independent and separate systems. There is such a marked similarity of the several State govern- ments to each other and of all to the government of the United States, that whoever understands the grand plan of the latter will readily comprehend the general features of any State government by a mere glance at the State con- stitution. As this edition is designed specially for use in Missouri, however, it has been deemed advisable to insert a brief treatment of the government of that State. This treatment, embraced in Chapters XXIL to XXVI. inclusive, and pre- pared under the supervision of Prof. J. M. White, of Car- thage, Mo., will enable the pupil to appreciate the general similarity as well as the slight differences between the State and Federal governments. The author submits the result of his effort to the candid and enlightened judgment of the great army of educators in the United States. He has labored under a most painful burden in this last attempt at authorship, — one which he fervently prays that neither teacher nor pupil may ever personally realize. He alone can fully appreciate the em- barrassment under which this work has been written who has himself attempted a similar task with sightless eyes. CONTENTS, CHAP. PAGE I. Civil Government , . . . , . . ' i II. Settlement of America .... = . 13 IIL Articles of Confederation . . o , . 17 IV. Origin of the Constitution ..... 20 V. Constitution of the United States of America . 25 VI. Branches of Government 46 VII. Preamble to the Constitution , , . .52 VIII. Congress 58 IX. House of Representatives 00.. .0 62 Xo Senate o s 79 XI. Provisions Common to both Houses , . .95 XII. Powers of Congress . o . . • • • "o XIIIo Lawmaking o . 149 XIV. Prohibitions on the United States o . « 154 XV. Rights of States „»,..» o- 167 vi CONTENTS. CHAP. ' PAGE. XVI. State Subordination . . . o . . 178 XVII. State Prohibitions . . . ... . .182 XVIII. Personal Rights ...<.. o . 189 XIX. Executive ......... 202 XX. Vice-President . . , . . ■. . . 222 XXI. Judiciary 227 XXII. Government of the State of Missouri . . 243 XXIII. County, Township, and School District . . 259 XXIV. Taxation ; . 267 XXV. Education 270 XXVI. The Militia .275 Constitution of Missouri 277 Short Civ. Gov. Mo. Ed. CHAPTER I. LESSON I. — CIVIL GOVERNMENT, The word "government," in its general and comprehen- sive sense, signifies that influence and power which one person or thing exercises over others. The mainspring of a watch, for instance, governs the movement of that ma- chine. Gravitation governs the motions of the heavenly bodies, and, to some extent, of all others. A father governs his family. The mayor and aldermen of a city govern the affairs of that corporation. The pres- ident and professors of a college or univer- Definition of sity are called the faculty, who govern the Government. institution, as the schoolmaster governs his school. The sovereign of a nation governs the people of whom it is constituted. No nation could exist, as such, for a single month without organized government in some form or other. No citizen could enforce hiS rights to security of property and personal safety against the attacks of the vicious and depraved. He would not be safe under his own roof, but would be in constant danger while sleep- ing in his own bed and reposing on his own pillow. This would be a condition of fearful anarchy. Under such a state of things, no person could feel the least in- terest in the accumulation of property, for it would be sure to be wrested from him by the hands of thieves and robberSo He could feel no incentive to the cultivation of 2 CIVIL GOVERNMENT. fields and gardens, for they would be despoiled by ruth- less vandals and reckless marauders. Without the power of government in some organized form, the sufferers from such outrages could obtain no redress, except through those retaliatory measures that must lead to anarchy and bloodshed among the parties concerned. There would be no tribunal by which to try, condemn, and by whose authority to punish, such offend- ers. The weak must surrender to the strong, and right must give way to might. Mere physical force and brutal- ity would triumph over justice and reason. The strong man, like the strong beast of the forest, would be king among his kindred. But, under the authority of good government, the bad man, however gigantic in form and strength, may be restrained in his vices, and punished for his crimes. As here used, the word " government ^' signifies the organ- ized means and power that a state or nation employs for the purpose of securing the rights of the people, and of perpetuating its own existence. Government is of various forms, depending on the choice of those who have the power to establish it. The Forms of Govern- most ignorant nations are governed by ment varij. tyrants and despots, who rule without any regard to the welfare of their subjects. The caprice of the sovereign is the law ; and it must be obeyed, though the heads fall from the shoulders of a thousand subjects at a blow. Nothing but the profoundest ignorance of the' people could give security and stability to the throne of the despot. " Despotism is the only form of government which may, with safety to itself, neglect the education of its infant poor." The despot rules without regard to a constitution or laws. Hence history shows that the more despotic the govern- CIVIL GOVERNMENT. 3 ment, the more ignorant the common people. Let the people be educated the world over, and despotic govern- ments would be known only as institutions of the past. They would be lost in bygone history. The statesman knows that a form of government well adapted to the condition of a refined and intelligent peo- ple is not the form adapted to a people sunk in ignorance and superstition. The common schoolhouse is an enemy to despotism, and the friend to free government. Intel- ligence qualifies the citizen for self-government. It en- ables him to judge for himself on all questions aifecting the public interest. He is not satisfied when denied a voice in their decisions. While a free government, like that of the United States, is the best possible form for an intelligent and virtuous people, on the other hand, it is the very worst for the igno- rant and depraved. Under the sway of the latter class, the power of administration would be likely soon to fall into the hands of political intriguers and ambitious dema- gogues. The safety of our government depends entirely on the virtue and intelligence of the common people. An igno- rant voter, with the ballot in his hand, may do as much damage to the commonwealth as the mercenary legislator or a corrupt executive. The following are the principal forms of government known in history: I. Patriarchal; 11. Theocratic; III. Monarchial ; IV. Aristocratic ; V. Dem- principal Forms ocratic; VI. Republican. In some coun- of Govemutent. tries there may be a combination of two or more of them, while in others there may be a modification of any one of them. I. The patriarchal was the first and is the oldest human government. It is family government, or that form exer- ^ CIVIL GOVERNMENT. cised by the father over his family. From the neces- sary relations of a father to his household, this kind of 1. Patriarchal government is founded in nature. It ex- Governrnent. jgted from the earliest ages, long before states and nations were known, and while there were but few inhabitants on the earth. It was the only form until several centuries after the Flood. It still exists in some parts of Asia, Africa, and among the North American Indian tribes. Indeed, in a limited sense, it prevails wherever there is a household to govern, though perhaps not in the ancient mode. Strictly speaking, it lies at the foundation of all good government. When every father becomes a true patriarch at home, the national security will rest on the moral sense and intelligence of the people. II. The theocratic form of government belongs, in his- tory, to the Old Testament ages. A theocracy is a form of II. Theocratic government under the immediate direction Government, ^nd administration of God. The ancient Israelites were governed in this manner for nearly fifteen hundred years. They received their law on Mount Sinai by direct revelation from God. This form of government became extinct at the dawn of the Christian era. III. A mojiarchial form of government is one that is administered by a monarch. The country, kingdom, or em- III. Monarchiai pire over which he exercises jurisdiction is Government, called a monarchy. It is that form of gov- ernment in which the supreme authority is vested in a single person, who is called the monarch. He may be otherwise called king, emperor, czar, shah, sultan, or by any other term significant of his position. With reference to the power vested in the sovereign, monarchies may be divided into two classes: i. Absolute; 2. Limited. I. An absolute monarchy is one over which the sovereign CIVIL GOVERNMENT. 5 rules with absolute power, holding himself responsible to no earthly tribunal for what he sees fit to do. He not only makes the law by which to govern his i. Absolute subjects, but interprets and executes it ac- Monarchy. cording to the caprices of his own will : in other words, his arbitrary will is the law of the realm. He does not, indeed, in all cases attend personally to the details of his government ; but he appoints subordinate officers for this purpose. Their tenure of office, their salaries, and even their lives, are at his disposal. If, in his tyranny, he order that a hundred or a thousand of his hapless subjects shall be decapitated, their heads are severed from their bodies. Such a ruler is a despot, and his government a terrible despotism. Morocco, Afghanistan, and some other Oriental countries, are absolute monarchies. 2. A limited mou7ixch.y is a government in which the sov- ereign is restrained by a constitution and established laws. These laws have their force by the deci- 2. ijimited sions of the courts, by long-established Monarchy. usage, and by the enactments of the legislative authority. The monarch is simply the executive branch of the gov- ernment. He can execute the laws, but he cannot make them. The court, not the king, interprets them. The Parliament makes the statutes, though the assent of the sovereign is essential to their validity ; but that assent is rarely withheld. The sovereign of a limited monarchy has no right whatever to disregard the laws of his kingdom or empire : like his humblest subjects, he must obey them. Such a government may be called a constitutional mon^ archy. With reference to the sovereign's title to his throne, mon- archies are of two classes : {a) Hereditary ; {h) Elective. (a) Under an hereditary monarchy the sovereign obtains his title to the throne by birth. The oldest son of the de- 6 CIVIL GOVERNMENT. ceased monarch takes the crown of his father by inheritance. If there is no son, the oldest daughter succeeds to the (a) Heieditari/ throne of the father. Edward VI. of Monarchy. England, though but a lad in years, suc- ceeded to the throne of his father, Henry VIII., in prefer- ence to his sisters, Mary and Elizabeth, both of whom were much older than the boy-king. At his death, having reigned but six years, Mary, his elder sister, was crowned. At her death, five years thereafter;, the younger sister, Elizabeth, was crowned Queen of England. Had Edward married, and become the father of children, they would have been heirs to the throne, to the exclusion of Mary and Elizabeth, William I., a foreigner, obtained the throne of England in a single battle, fought in 1066 on the north shore of the British Channel He is known in history as William the Conqueror. That single conflict of arms at Hastings de- cided who should occupy the throne of that country for more than eight hundred years, and probably for more than a thousand. The crown of royalty has rested on the brow of his descendants ever since the twenty-fifth day of December, the year of that eventful struggle. Yet not one of this long line of kings and queens has ever ascended the throne by the formal, expressed choice of English subjects. In many instances it has been occupied by foreigners, and in every case it has been claimed by right of birth. (5) An elective monarchy is one whose sovereign is elected to the throne by his subjects, or by those holding official (6) Elective positions giving them a voice in the pro- MonarcMj. cccding. He is elected for life. There have been but few such monarchies. IV. An aristocratic government is one in which the power TV. Arutoe^afio ^o rule the affairs of state is vested in the Government. hands of a fcw persons, — a select body CIVIL GOVERNMENT. of men. Aristocracy signifies a government of the best or by ttie best. They may hold their positions by right of birth or by appointment. A government is said to be aristocratic the constitution of which establishes privileged classes, as the nobility and clergy, and intrusts the government entirely to them, or allows them a very disproportionate share in it. Such was formerly the government of Venice ; and some of the Swiss cantons are governed in the same manner. More or less of this element pervades the most powerful gov- ernments of Europe. It is wholly absent in the govern- ment and Constitution of the United States. We have no orders of nobility, and no privileged classes. V. A democratic form of government is one in which the ruling power, or the principle of sovereignty, is exercised by the people. Strictly speaking, it is one v. Democratic under which the people assemble together Government. at stated times, and all have a voice in making the laws by which they promise to be governed. By the word " people," as here used, the qualified voters only are included. The qualifications to vote are gen- erally defined by a constitution, called the fundamental law of the nation. Proper age, male sex, citizenship, and residence are the usual conditions for a voice in public affairs. Some of the cities of ancient Greece acted under this form of government, and some of the smaller Swiss can- tons govern themselves by the same mode; but it is a very unwieldy, clumsy method, and utterly impracticable in a state of considerable population, or breadth of territory. VI. A republican form of government is a representa- tive government. The state or nation yi. Republican is governed by laws made by representa- Government. tives chosen by the voters at elections held at stated 6 CIVIL GOVERNMENT. times, and most of the officers of government are elected in substantially the same way. The officer or representa- tive is chosen by the people, and is their agent or ser- vant. A full definition of the word " republican," as generally understood, necessarily includes the element of democracy. The people's voice is heard in the election, and this is democratic. But the law-making and law-executing are done by those who are elected for these purposes. The latter is the republican element, or representative feature. Hence the government of the United States is demo- cratic-republican. The term " republican," however, is the one by which it is usually known. Defined by the extent and peculiarities of jurisdiction, the country known as the United States has two distinct classes of government. These are: i. State; 2. Federal. I. Each State, known and defined by geographical boundaries, has a dependent republican government of its J. state own. Before it entered the Federal Union Governments, jt posscsscd all the attributes of national sovereignty. It could make treaties and form alliances ; it could declare war, grant letters of marque and reprisal, and conclude peace ; it could raise and support armies and navies ; it could coin money, and emit bills of credit, and, in short, exercise all the prerogatives of an independent nation. But these powers, and several others, were surrendered to the General Government when the State became a mem- ber of the Federal Union. On assuming this relation, the States ratified the Constitution of the United States. By this act all the States not only created a new government over themselves, but entered into entirely new relations to each other. They accepted a Constitution as the bond of their union. CIVIL GOVERNMENT. g This bond clearly defines what they severally resign for the common good, and what they reserve. 2. The Fede7'al Government is the outgrowth of this union of the several States. The form of this government is, like that of each of the several States, 2. Federal republican. It has, like the States, three Government. distinctive branches or departments : the legislative, exec= utive, and judicial. The Nation has its president, and the State has its gov- ernor; the Nation has its vice-president, and the State its lieutenant-governor. The Nation has its Congress, and the State its Legislature. The Nation has its federal judiciary, and the State has its system of courts. In many other respects the pupil will find a close analogy between the State and Federal government. If he will make himself well acquainted with the Constitution of the United States, he can easily acquire a general knowledge of any State government by attentively reading its constitution. He will find that in many particulars the State constitu- tions are not only similar to each other, but in numerous instances bear a striking resemblance to the Constitution of the Federal Government. Although six specific forms of government have been defined, they are either monarchial or democratic in char- acter, or a mixture of these. Patriarchal Governments and theocratic are definite forms of the compared. monarchial The rule of an empire by one man is of the same class. God governed the Israelites by direct au- thority; the father governs his family by direct com- mand j and the will of the absolute sovereign is the law for his millions of subjects. These several types of the monarchial form are called by different names, because thereby the exact relations of sovereign to subjects are more clearly expressed^ lO CIVIL GOVERNMENT. The democratic form is a government " of the people^ by the people, and/^r the people." A republican govern- ment might be defined by the same words. The sov- ereignty is in the people, but is exercised indirectly. They choose their own officers, law-makers, and law-interpreters. In a few instances the officers are chosen by intermediate authority ^ but this method is sanctioned by the people. A government purely aristocratic, as generally defined^ can hardly be found in history^ certainly not of long con- tinuancCo This element may be combined with the mo- narchial or democratic, and it usually is ; but as an inde- pendent government it must be a usurpation. It excludes all idea of authority except what is assumed : for, if the aristocratic rulers derive their power from the sovereign of a kingdom or an empire, the monarchial form appears ; if, on the other hand, they are elected or appointed by the people, directly or indirectly, the democratic form ap- pears. In either case there is not an indepe7ident aris- tocracy, but one that is dependent on the form to which it is attached or allied. In all monarchies of modern times, whether absolute or limited, this element is present. In Great Britain, for Orders of instance, there is a titled nobility, distinct Nohiiity. from the royal family. It consists of sev- eral orders: dukes, marquises, earls, viscounts, and baronso Orders of nobility sit in the shadow of every earthly thronCc Without them, royalty itself must languish and die. Political Maxims. 1. The good of the governed is the only true object of every gov= ernment. 2. That government under w^hich the rights of all persons are not equally protected is organized injustice. CIVIL GOVERNMENT. II 3. Under a genuine republican government there are no political distinctions of birth. 4. An intelligent people cannot live under a government in which they have no voice. 5. For a moral and intelligent people a republican government is the best in the world ; for an immoral and ignorant people it is the worst. 6. The Constitution of the United States should be carefully studied by every American citizen. 7. Every citizen should be familiar with the constitution of his own State. 8. Every enfranchised citizen should exercise his right of suffrage. 9. No citizen should approach the ballot-box ignorant of the ques- tion to be decided by his vote. 10. The Constitution of the United States lies at the foundation of all political knowledge relating to this country. 11. Schoolhouses and schoolmasters are forts and garrisons to a republic. 12. In the United States the ballots of ignorant voters are more to be dreaded than the muskets of foreign soldiers. Questions. 1. What does government mean ? 2. What examples are given ? 3. What could we do without government? 4. Why would we be unsafe without it ? 5. What are the advantages of government ? 6. What does the word " government" here signify? 7. What about the forms of government ? 8. Who govern the most ignorant nations ? 9. How do despots rule ? 10. What does history show as to ignorance ? 11. What does the statesman know? 12. What is said of the schoolhouse ? 13. What is said of the government of the United States? 14. On what does its safety depend ? 15. What is said of the ignorant voter? 16. What forms of government are known in history? 17. In what is the first founded ? 18. What is said of it ? Short. Civ. Gtov.— 2 12 CIVIL GOVERNMENT. 19. Where does it now exist? 20. What is said of a theocratic form ? 21. When and over whom did it prevail 1 22. Where did the Israelites receive the law ? 23. What is said of a monarchy ? 24. By what terms may monarchs be known ? 25. How are monarchies divided ? 26. What is an absolute monarchy? 27. What countries are despotisms ? 28. What is a limited monarchy ? 29. What is the limit of the sovereign's power over it ? 30. What may such a government be called ? 31. What is said of a sovereign's title to his throne ? 32. What example is given ? 33. What is said of William the Conqueror ? 34. What did the battle of Hastings decide? 35. What is an elective monarchy? 36. What is an aristocratic government ? 37. Where have such existed ? 38. What is said of it in Europe and in the United States ? 39. What is the democratic form ? 40. How are the qualifications to vote defined? 41. Where has the democratic form prevailed ? 42. What is a republican government ? 43. What is that of the United States ? 44. What is said of State governments ? 45. What changes in the States on entering the Union ? 46. What is the Federal Government ? 47. How are the State and general government compared? 48. What are the two J>nncipal forms of government? 49. What are the others ? 50. What is said of the democratic-republican form ? 51. What of the aristocratic? 52. What is said of this element in Great Britain ? 53. What are orders of nobility there ? CHAPTER 11. LESSON II. — SETTLEMENT OF AMERICA. A COLONY consists of a company of people who associate together for mutual advantage in the settlement of a remote country. Having a common object, ^^^^^^^^ ^^^,^^^^ they generally are induced to thus unite on account of similarity of views on religionj pohtics, or social interest. They may migrate from a single country or nation, or from different countries. A settlement thus formed is called a colony, and this mode of settlement is called colonization. A colony usually adopts local laws for its own conven- ience, adapted to its circumstances, but subject to the general laws and government of the country from which the people of the colony emigrated. If they came from England, they would be called an English colony ; if from Spain, they would be called a Spanish colony ; thus taking the name from the country in which the inhabitants had formerly resided. Different parts of the great North American continent were colonized in the manner just named. Five hundred years ago nothing was known of America to the Europeans. It had not then been discovered. When Columbus first landed on these shores, the country was one vast wilder- ness, inhabited by rude and ignorant savages, having no knowledge of law, government, religion, science, literature, 1 3 14 CIVIL GOVERNMENTc or art. They had no churches, no schoolsj no gardens, no farms. They lived by hunting and gathering fruits and roots of spontaneous growth. They clothed themselves The American wlth the skins of beasts. As to their food, Colonies. they knew not how to preserve it ; made no provision for the future, but were dependent on each day^s efforts for each day's supply. Hence starvation might overtake them any day. They lived in rude huts and wig- wams, and slept on the bare ground through all seasons of the year. On account of religious and political intolerance and persecution in the countries of Europe, and other home grievances, thousands of people left their native country in the Old World and migrated to the New. Here they planted colonies all along the coast of the Atlantic in North America. These settlements were for the most part made by English subjects, and in the course of time the Colonies were all brought under the authority of the British Crown. When territory is found uninhabited at the origin of new settlements therein, it is usual to adopt the laws of the nation from which the settlers have migrated, so far as they may be found applicable to the new condition of things. Although this country was occupied by a wild, uncul- tivated, and savage population, without law or government in any civilized sense, the Colonists chose to consider themselves as settling an uninhabited territory. As a large proportion of the new settlers of these Colonies were from England, they would naturally lean to the jurispru- dence of that country. It must be remembered, also, that the Colonies were nearly all settled under the patronage and favor of Great Britain. Those that were not soon came under the jurisdiction of the British Crown. SETTLEMENT OF AMERICA. 15 The growth of the Colonies was slow and gradual, extending through a period of from one hundred to one hundred and fifty years. The following are the dates of their first permanent settlements : — Virginia c . . . , 1607 New York, 1614 Massachusetts. . „ » 1620 New Jersey. » 1620 New Hampshire ..1623 Maryland 1634 Connecticut. 1635 Rhode Island... 00 ...1636 Delaware ,,.... o.. . . . . . « . . 1638 Pennsylvania o 1643 North Carolina. 1663 South Carolina 1670 Georgia o ....,, . .1733 Over these Colonies the British Government maintained supremacy for more than a hundred years. But the latter part of the eighteenth century the Colonies jj^e declaration became so disaffected towards the govern- «/" independence. ment of England, on account of what they regarded as oppressive measures of the British Parliament, that they were induced to declare themselves independent of the authority of that country. This formal act of separation is called the Declaration of Independence. It was made in a congress composed of delegates from all the Colonies, on the fourth day of July, in the year one thousand seven hundred and seventy-six. In this declaration the Colonies, by their representatives, proclaimed themselves free and independent States. They abjured all allegiance to the British Crown, and assumed, that, as free and independent States, they possessed all the attributes and prerogatives of a sovereign and inde- pendent nation. The Colonies had been at war with Great Britain for more than a year before this declaration. The war con- tinued seven years longer, and resulted ^7^^ devolution. in the complete triumph of the American ^^ ^***'' cause. Great Britain acknowledged the independence of l6 CIVIL GOVERNMENT. the United States, and peace between the two countries was proclaimed in one thousand seven hundred and eighty- three. Questions. 1. What is a colony ? 2. What does a colony usually do? 3. From what does a colony take its name? 4. What was the condition of the country when Columbus first landed in. America? 5. What is said of the savages ? 6. Why did people leave the Old Country for the New? 7. What did they do here ? 8. By whom were most of the settlements made? 9. Under whose authority were they ? 10. What is the practice on finding new territory? 11. What did the Colonists consider the territory which they settled ? 12. Under whose patronage were the Colonies established ? 13. What is said of the growth of the Colonies ? 14. What was the date of the settlement of each ? 15. How long did the British Government maintain supremacy over these Colonies ? 16. What occurred the latter part of the eighteenth century ? 17. What is this formal act called in history? 18. By whom and when was it made ? 19. What did the Colonies proclaim in this declaration ? 20. How long did the war continue? 21 When was peace proclaimed between the two countries? CHAPTER III. LESSON III. ~ ARTICLES OF CONFEDERATION. After the Declaration of Independence was passed, a plan was adopted by which to unite the States as one nation. In the month of September, 1776, The Articles of Congress proposed Articles of Confedera- confederation. tion, and caused them to be sent to the several States, asking for their ratification of the same. These articles were not to be binding between the States ratifying them until they should receive the approval of all. In July, 1778, the ratification of all the States had been obtained, except Delaware, New Jersey, and Maryland. The assent of New Jersey was given Nov. 25 of the same year; of Delaware, Feb. 22, 1779; and of Maryland, March i, 1781. On the second day of March, 1781, Con- gress assembled under the Confederation. But the Revolutionary War, which began in 1775, had continued all this time j during which the States had been united by the ties of a common interest, by the sense of a common danger, and by the necessities of a common cause, having no written bond of union. In short, they were held together by their fears. The following are some of the peculiarities that dis- tinguish the Articles of Confederation from the present Constitution. 17 1 8 CIVIL GOVERNMENT. 1. The Confederation was declared to be a firm league of friend- ship between the several States. 2. Delegates to Congress were to be appointed annually, in such manner as the Legislature of each State might direct. 3. The power was reserved to the States to recall their delegates, or any of them, within the year, and to send others in their places for the remainder of the year. 4. No State was allowed representation in Congress by less than two nor more than seven members. 5. No person was eligible to a seat in Congress for more than three, in any term of six years. 6. Each State had to maintain its own delegates in a meeting of the States, and while as members of the committee of the States. 7. In determining questions in the Congress, each State had but one vote. 8. All charges of war and other expenses, incurred for the com- mon defense and general welfare, were to be defrayed out of a common treasury. 9. The treasury was to be supplied by the several States, in pro- portion to the value of all lands, and the improvements and buildings thereon, within each State, granted to or surveyed for any person, to be estimated according to the direction of Congress. 10. Congress was to send and receive ambassadors. 11. Congress was the tribunal of last resort, on appeal, in all dis- putes and differences between two or more States concern- ing boundary, jurisdiction, or an)'^ other cause whatever. 12. Congress was the tribunal to decide all controversies concern- ing the private right of soil claimed under different grants of two or more States, under certain limitations. 13. Congress was to commission all the officers of the United States. 14. Congress had authority to appoint a committee, to sit during the recess of that body, to be denominated "a Committee of the States," and to consist of one delegate from each State. 15. Canada, acceding to the Confederation, and joining in the measures of the United States, was to be admitted into the Union. 16. The Union was to be perpetual. 17. No provision was made for any such officer as president. 18. There was no national judiciary. 19. Congress consisted of but one House. ARTICLES OF CONFEDERATION. 1 9 By reference to the foregoing synopsis of peculiariiies in the Articles of Confederatiou, it is not remarkable, that, as a constitution for the country, they soon ^^^ confedera- proved a failure. They were hastily pre- tion Vnsatisfac- pared^ and, public attention being almost ^^^' wholly absorbed on the great events of the day, they did not receive that critical investigation which their impor- tance demanded. As a plan of union, they were never entirely satisfactory to the leading statesmen of that day. It was but five or six years after their ratification by all the States before decisive steps were taken for their re- vision. Their insufficiency had become so. completely demonstrated that a wide-spread conviction prevailed that they must either be revised or abandoned, altogether. Questions. 1. What was done after the Declaration of Independence? 2. What was proposed by Congress? 3 When did the States ratify the Articles of Confederation ? 4. When did they go into operation ? 5. How were the States united during the war? 6. What were some of the peculiarities of the Articles of Confed- eration ? CHAPTER I V. LESSON W„ — ORIGIN OF THE CONSTITUTION. On the 21st of January, 1786, the Virginia Legislature took the first step which finally led to the formation of the present Constitution of the United States. The First Call for ^^^^ . ^. ^^^^^ ^^^ following reSO- a Convention^ . * lution : — ^^ Resolved, That Edmund Randolph, James Madison^ Jr., Walter Jones, St. George Tucker, and Meriweather Smith, Esqs,, be appointed commissioners, who, or any three of whom, shall meet such commissioners as may be appointed in the other States of the Union, at a time and place to be agreed on, to take into consideration the trade of the United States ; "To examine the relative situations and trade of said oxares , " To consider how fai a uniform system in their com- mercial regulations may be necessary to their common interests and their permanent harmony j " And to report to the several States such act relative to this great object, as, when unanimously ratified by them, will enable the United States in Congress effectually to provide for the same. " The time and place of meeting were left to the commis- sioners, and they fixed on the first Monday of September following, at Annapolis, Md. In response to the action 3 ORIGIN OF THE CONSTITUTION. 21 of Virginia, but eight States appointed commissioners to attend the meeting. When the time of meeting arrived, only five States were represented : New York, Pennsyl- vania, Virginia, Delaware, and New Jersey. The meeting, it had become evident, must prove a failure; for so few commissioners were present, it was thought to be unwise to proceed to the But Five states business for which the meeting was called. respond. But they were reluctant to adjourn without taking some forward step. The New Jersey deputation had a commission extend- ing its object to a general provision for the " exigencies of the Union." Acting on this suggestion, a recommen- dation for this enlarged purpose w^as reported by a com- mittee to whom the subject had been referred. That report was written by Alexander Hamilton of New York, and addressed to the Legislatures of the States represented in the convention. This report was an able, lucid, and elaborate document, recommending another convention of deputies from all the States, to meet on the second Monday of May follow- ing, 1787, in the city of Philadelphia. A copy of the report w^as also sent to Congress. Virginia again took the lead, and was the first to ap- point deputies to the proposed Philadelphia Convention, among w^hom was their most distinguished citizen, George Washington. Feb. 21, 1787, a resolution was moved and carried in Congress, recommending a convention to meet in Phila- delphia at the time suggested in the report, congress " for the purpose of revising the Articles recommends a , . „ Convention. of Confederation, and reportmg to Con- gress and the several State Legislatures such alterations and provisions therein as shall, when agreed to in Con- 22 CIVIL GOVERNMENT. gress and confirmed by the States, render the Federal Constitution adequate to the exigencies of government and the preservation of the Union." But on account of the uprising, known as the Shays' Rebellion, in Massachusetts, which had occurred within the last year or two, the deranged condition of the finances of the country, and sharp controversies, verging on open hos- tility, between several of the States, the public mind was drifting in the right direction to favor the recommenda- tion of Congress. The States promptly acted through their Legislatures, and delegates were appointed to meet in the proposed convention to revise the Articles of Con- federation. On the day appointed, however, the second Monday in May, 1787, there was by no means a full representation The Constitutional of the Statcs, there being present but Convention. twenty-nine delegates. They did not im- mediately proceed to business, therefore, but adjourned from day to day, w^aiting for a fuller delegation, until Fri- day, the 25th. On that day they organized by unanimously choosing George Washington president of the convention. The daily sessions of that body continued until the 17th of September, four months and three days from the day appointed for their meeting. Their sessions were secret (they sat with closed doors) ; and, although the new Con- stitution was soon published to the people, the daily pro- ceedings of the convention were not known until more than fifty years after its labors were ended. James Madison of Virginia, afterwards President of the United States, was a member of the convention. He was a very ready writer of shorthand, and took copious notes of the proceedings. These notes were published by authority of Congress over fifty years thereafter, and several years subsequent tcr their author's death. They ORIGIN OF THE CONSTITUTION. 2$ are known in their published form, three large volumes, as *' The Madison Papers.'' When their labors were finished, a copy of the new Constitution was sent to Congress, then in session, with the recommendation that it should be presented to the people for ratification by State conventions called for that purpose. In response to the recommendation of the convention, •Congress took the necessary steps to have the new Con- stitution transmitted to the several State Ratification of the Legislatures, in order to be submitted to Constitution. a convention of delegates chosen in each State by the people thereof. By the terms of that document, the ratification of the conventions of nine States was declared sufficient for its establishment between the States so ratifying the same. Three States ratified it before the close of the year 1787, and eight more by the 26th of July, 1788; so that, in less than one year from the time of its submission to the people, a sufficient number of States had accepted it as the fundamental law of the land to warrant the commence- ment of operations under it. Under the direction of Congress, representatives were elected by the people, and senators by the State Legisla- tures, and electors of President and Vice-President were chosen. On Wednesday, the fourth day of March, 1789, the first Constitutional Congress met, and proceedings were commenced under the new organization soon after. In those days travel was far more difficult than in these later days of railroad facilities. A quorum in Congress, therefore, did not assemble until the 6th y^^ of April, at which time the votes for New Government President were counted ; and it was found that George Washington was unanimously elected. John 24 CIVIL GOVERNMENT. Adams of Massachusetts was elected Vice-President. Thus the new government was now in full operation. Questions. 1. What did Virginia do Jan. 21, 1786 ? 2. Who were the commissioners appointed? 3. What time and place did they select ? 4. How many States appointed commissioners besides Virginia? 5. How many and what States were represented in the meeting ? 6. Why did not the meeting proceed to business? 7. What course did they take ? 8. What subject was referred to a committee? g. By whom was that report written ? 10. What was the substance of the report? 11. What course did Virginia take? 12. What was done in Congress about the matter? 13. What circumstances caused a favorable change in the public mind ? 14. What course did the States take? 15. How many delegates appeared at the time and place of meet= ing? 16. When did the convention organize ? 17. Who was chosen president? 18. How long did the session continue? 19. How were the sessions held ? 20. What is said of Mr. Madison? 21. What was done when the convention finished its work ? 22. What course did Congress take ? 23. How many States ratified it in 1787? 24. How many in 1788 ? 25. What proceedings followed these ratifications? 26. When did the first Congress meet ? 27. Who was chosen the first President ? CHAPTER V. LESSON V.' — CONSTITUTION OF THE UNITED STATES OF AMERICA. NoTEo — A figure in parentheses is placed at the beginning of each clause of this copy of the Constitution, for convenience of reference in the following pages. (i) 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 defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America. (2) Article I. Seaion i. — 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. (3) Sectioji 2. — I, The House of Representatives shall be composed of members chosen every second year by the people of the several States, and the electors in each State shall have the qualifications requisite for electors of the most numerous branch of the State Legislature. (Ji) 2. No person shall be a representative who shall not have attained to the age of twenty-five years, and been seven years a citizen of the United States, and 1 The teacher should require the pupil to become so familiar with this lesson that he will be able to answer the questions at the end of it. 35 26 CIVIL GOVERNMENT. who shall not, when elected, be an inhabitant of that State in which he shall be chosen. (5) 3. Representatives and direct taxes shall be ap- portioned among the several States which may be included within this Union, according to their respec- tive numbers, which shall be determined by adding to the whole number 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 Congress 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 eveiy 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 entitled 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. (6) 4. When vacancies happen in the representation from any State, the executive authority thereof shall issue writs of election to fill such vacancies. (7) 5. The House of Representatives shall choose their speaker and other officers, and shall have the sole power of impeachment. (8) Section 3. — i. The Senate of the United States shall be composed of two senators from each State, chosen by the Legislature thereof for six years ; and each senator shall have one vote. (9) 2. Immediately after they shall be assembled in consequence of the first election, they shall be divided, as equally as may be, into three classes. The seats of the senators of the first class shall be vacated at the expiration of the second year ; of the second class, at the expiration of the fourth year ; and of the third CONSTITUTION OF THE UNITED STATES. 27 class, at the expiration of the sixth year ; so that one third may be chosen every second year : and if vacan- cies happen, by resignation or otherwise, during the recess of the Legislature of any State, the executive thereof may make temporary appointments until the next meeting of the Legislature, which shall then fill such vacancies. {10) 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. (11) 4. The Vice-President of the United States shall be president of the Senate, but shall have no vote unless they be equally divided. (12) 5. The Senate shall choose their other officers, and also a president pro tetnpore in the absence of the Vice-President, or when he shall exercise the office of President of the United States. (13) 6. The Senate shall have the sole power to try all impeachments. 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 person shall be convicted without the concurrence of two thirds of the members present. (IJf) 7. Judgment in cases of impeachment shall not extend further than to removal from office, and disqual- ification to hold and enjoy any office of honor, trust, or profit, under the United States ; but the party con- . victed shall nevertheless be liable and subject to indict- ment, trial, judgment, and punishment, according to law. (15) Section 4. — i. The times, places, and manner of holding elections for senators and representatives shall be prescribed in each State by the Legisla- ture thereof ; but the Congress may at any time, by law, make or alter such regulations, except as to the places of choosing senators. (16) 2. The Congress shall assemble at least once m Short. Civ. Gov.— 3 28 CIVIL GOVERNMENTo every year ; and such meeting shall be on the first Monday in December,, unless they shall by law ap- point a different day. (17) Section 5. — i. Each House shall be the judge of the elections, returns, and qualifications of its own mem- bers ; and a majority 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. (18) 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. (19) 3. Each House shall keep a journal of its proceed- ings, and from time to time publish the same, excepting such parts as may, in their judgment, require secrecy j 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. (20) 4o 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. (21) Section 6. — i. The senators and representatives shall receive a compensation for their services, to be ascertained by law, 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 HousC;, 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 whereoi shall have been increased, during such time i and no CONSTITUTION OF THE UNITED STATES, 29 person holding any office under the United States shall be a member of either House during his continuance in office. {^3) Section 'J. — i. 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. {2Ji) 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 pro- ceed to reconsider it. If, after such reconsideration, 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 reconsid- ered j and, if approved by two thirds of that House, it shall become a law. But, in all such cases, the votes of both Houses shall be determined by yeas and nays j 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 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 j in which case it shall not be a law. {25) 3. Every order, resolution, or vote to which the con- currence of the Senate and House of Representatives may be necessary (except on a question of adjourn- ment) shall be presented to the President of the United States, and, before the same shall take effect, shall be approved by him, or, being disapproved by him, shall be re-passed by two thirds of the Senate and House of Representatives, according to the rules and limitations prescribed in the case of a bill. 30 CIVIL GOVERNMENT. Sectio7i 8. — The Congress shall have power, — {26) I. To lay and collect taxes, duties, imposts, and excises, to pay the debts, and provide for the common defense and general welfare, of the United States j but all duties, imposts, and excises shall be uniform throughout the United States ; (^7) 2. To borrow money on the credit of the United States ; {28) 3. To regulate commerce with foreign nations and among the several States, and with the Indian tribes \ {29) 4. To establish a uniform rule of naturalization, and uniform laws on the subject of bankruptcies, through- out the United States ; {SO) 5. To coin money, regulate the value thereof and of foreign coin, and fix the standard of weights and measures ; {SI) 6. To provide for the punishment of counterfeiting the securities and current coin of the United States ; {S2) 7. To establish post offices and post roads ; {SS) 8. To promote the progress of science and useful arts by securing for limited times, to authors and in- ventors, the exclusive right to their respective writings and discoveries ; {SJi) 9o To constitute tribunals inferior to the Supreme Court ; {S5) io„ To define and punish piracies and felonies com- mitted on the high seas, and offenses against the law of nations ; {S6) II. To declare war, grant letters of marque and re- prisal, and make rules concerning captures on land and water ; {SI) 12. To raise and support armies, but no appropriation of money to that use shall be for a longer term than two years ; {S8) 13. To provide and maintain a navy; {S9) 14. To make rules for the government and regulation of the land and naval forces ; {Ifi) 15. To provide for calling forth the militia to execute CONSTITUTION OF THE UNITED STATESo 3 1 the laws of the Union, suppress insurrections, and repel invasions ; (^i) i6e To provide for organizing, arming, and disci- plining 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 whatsoever 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 gov- ernment 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, dock- yards, and other needful buildings ; and (45) 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 government of the United States, or in any depart- ment or officer thereof. (^44) Section 9. — i. The migration or importation of such persons as any of the States now existing shall think proper to admit 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; [45) 2o The privilege of the writ of habeas corpus shall not be suspended, unless when, in cases of rebellion or in- vasion, the public safety may require it. (^(5) 3. No bill of attainder, or ex post facto law, shall be passed. {Jf.1) 4. No capitation or other direct tax shall be laid, unless in proportion to the cejtsus or enumeration here- inbefore directed to be taken. {JfB) 5 . No tax or duty shall be laid on articles exported from any State. 32 CIVIL GOVERNMENT. {j^9) 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. (50) 7o No money shall be drawn from the treasury but in consequence of appropriations made by law; and a regular statement and account of the receipts and ex- penditures of all public money shall be published from time to timCo (51) 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 Con- gress, accept of any present, emolument, office, or title, of any kind whatever, from any king, prince, or foreign state. (52) Section lo. — i. No State shall enter into any treaty, alliance, or confederation ; grant letters of marque and reprisal ; coin money ; emit bills of credit ; make any thing 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 j or grant any title of nobilityc (5S) 2o No State shall, without the consent of the Con- gress, lay any imposts or duties on imports or ex- ports, except what may be absolutely necessary for ex- ecuting its inspection laws ; and the net produce of all duties and imposts laid by any State on imports or ex- ports shall be for the use of the treasury of the United States, and all such laws shall be subject to the revi- sion and control of the Congress. (SJi) 3. No State shall, without the consent of Congress, lay any duty of 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. (55) Article II. Section i. — i. The executive power shall be vested in a President of the United States of CONSTITUTION OF THE UNITED STATES. 33 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 : — (56) 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 represent- atives to which the State may be entitled in the Con- gress ; but no senator or representative, or person hold- ing an office of trust or profit under the United States, shall be appointed an elector. \The following paragraph (57) is the Twelfth Article of Amend- ment, and supersedes the clause originally inserted here {see TowN- send's ''Analysis of Civil Cover jiment").'] {57) 3. The electors shall meet in their respective States, and vote by ballot for President and Vice-President, one of whom, at least, shall not be an inhabitant of the same State with themselves. They shall name in their ballots the person voted for as President, and in dis- tinct ballots the person voted for as Vice-President ; and they shall make distinct lists of all persons voted for as President, and of all persons voted for as Vice- President, and of the number of votes for each ; which lists they shall sign and certify, and transmit, sealed, to the seat of the government of the United States, di- rected to the president of the Senate. The president of the Senate shall, in presence of the Senate and House of Representatives, open all the certificates, and the votes shall then be counted. The person having the greatest number of votes for President shall be the President, if such number be a majority of the whole number of electors appointed j and if no person have such majority, then, from the persons having the high- est numbers, not exceeding three, on the list of those voted for as President, the House of Representatives shall choose immediately, by ballot, the President. But, in choosing the President, the votes shall be taken by States, the representation from each State having one vote. A quorum for this purpose shall consist of 34 CIVIL GOVERNMENTo a member or members from two thirds of the States, and a majority of all the States shall be necessary to a choice. And if the House of Representatives shall not choose a President, whenever the right of choice shall devolve upon them, before the fourth day of March next following, then the Vice-President shall act as President, as in the case of the death, or other constitu- tional disability, of the President. The person having the greatest number of votes as Vice-President shall be the Vice-President, if such number be a majority cf 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 senators ; and a majority of the whole number shall be necessary to a choice. But no person constitutionally ineligible to the office of Presi- dent shall be eligible to that of Vice-President of the United States. (58) 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. (59) 5. No person, except a natural-born citizen, or a citizen 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. (60) 6. In case of the removal of the President from office, or of his death, resignation, or inability to dis- charge the powers and duties of the said office, the same shall devolve on the Vice-President ; and the Congress may by law provide for the case of removal, death, resignation, or inability, both of the President and Vice-President, declaring what officer shall then act as President, and such officer shall act accordingly CONSTITUTION OF THE UNITED STATES. 35 until the disability be removed, or a President shall be elected. {61) 7. The President shall, at stated times, receive for his services a compensation, which shall neither be in- creased nor diminished during the period for which he shall have been elected ; and he shall not receive within that period any other emolument from the United States, or any of them^ (62) 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." (63) Section 2. — i. 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 writing, of the principal officer in each of the executive departments, upon any subject relating to the duties of their respective offices ; and he shall have power to grant reprieves and pardons for offenses against the United States, except in cases of impeachment. {QJi) 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 officer- of the United States whose ap- pointments 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 of- ficers as they think proper in the President alone, in the courts of law, or in the heads of departments. {65) 3. The President shall have power to fill up all va- cancies that may happen during the recess of the Senate 35 CIVlI. GOVERNMENT. by granting commissions, which shall expire at the end of their next session. (66) Section 3. — He shall from time to time give to the Congress information 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, convene both Houses, or either of them, and, in case of disagreement 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. (67) Sectio?i 4. — The President, Vice-President, and all civil officers of the United States, shall be removed from office on impeachment for and conviction of trea- son, bribery, or other high crimes and misdemeanors. (68) Article III. Sectio7i i. — 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. (69) Section 2. — i. The judicial power shall extend to all cases in law and equity arising under this Constitution, the laws of the United States, and treaties made, or which shall be made, under their authority ; to all cases affecting ambassadors, other public ministers, and con- suls ; to all cases of admiralty and maritime jurisdiction ; to controversies to which the United States shall be a party ; to controversies between 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 subjectSo CONSTITUTION OF THE UNITED STATES. 37 (70) 2. In all cases affecting ambassadors, other public ministers, and consuls, and those in which a State shall be party, the Supreme Court shall have original jurisdiction. 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. (71) 3. The trial of all crimes, except in cases of im- peachment, 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. (72) Section 3. — i. Treason against the United States shall consist only in levying war against them, or in adhering to their enemies, giving them aid and com- fort. No person shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or on confession in open court. {^S) 2. The Congress shall have power to declare the punishment of treason; but no attainder of treason shall work corruption of blood, or forfeiture, except during the life of the person attainted. (7^) Article IV. Section i. — 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. (75) Section 2. — i. The citizens of each State shall be entitled to all privileges and immunities of citizens in the several States. {7Q) 2. A person charged in any State with treason, fel- ony, or other crime, who shall flee from justice and be found in another State, shall, on demand of the execu- tive authority of the State from which he fled, be de- livered up, to be removed to the State having juris- diction of the crime. 38 CIVIL GOVERNMENT. (77) 3. 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 labof, but shall be delivered up on claim of the party to whom such ser- vice or labor may be due. (78) Section 3 — i . New States may be admitted by the Congress into this Union j but no new State shall be formed or erected within the jurisdiction of any other State, nor any State 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. (7P) 2. The Congress shall have power to dispose of and make all needful rules and regulations respecting the territory, or other property, belonging to the United States j and nothing in this Constitution shall be so construed as to prejudice any claims of the United States or of any particular State. ^80) Section 4. — The United States shall guarantee to every State in this Union a republican form of govern- ment, and shall protect each of them against invasion, and, on application of the Legislature or of the Execu- tive (when the Legislature cannot be convened), against domestic violence. (<5^) Article V. — 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 Constitution, when ratified by the Legislatures of three fourths of the several States, or by conventions in three fourths thereof, as the one or the other mode of ratification may be pro- posed by the Congress : provided that no amend- ment which may be made prior to the year one thousand eight hundred and eight shall in any manner CONSTITUTION OF THE UNITED STATES. 39 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. (8S) Article VI. — i. All debts contracted, and engage- ments entered into, before the adoption of this Con- stitution, shall be as valid against the United States, under this Constitution, as under the Confederation. (85) 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. (84) 3. The- senators and representatives before men- tioned, and the members of the several State Legisla- tures, and all executive and judicial officers both of the United States and of the several States, shall be bound by oath or affirmation 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. {8S) Article VII. — The ratification of the conventions of nine States shall be sufficient for the establishment of this Constitution between the States so ratifying the same. AMENDMENTS TO THE CONSTITUTION. The following are the Articles of Amendment which have been ratified and adopted since the year 1790, and are to all intents and purposes a part of the Constitution of the United States. (86) Article I. — Congress shall make no law respect- ing an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech or of the press, or the right of the people peace- ably to assemble, and to petition the government for a redress of grievances. (87) Article II. — A well-regulated militia being neces' 40 CIVIL GOVJSKJNMJtJNr. sary to the security of a free State^ the right of the people to keep and bear arms shall not be infringed. (SS) Article III. — 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 pre- scribed by law. (89) Article IV. — The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be vio- lated ; and no warrants shall issue but upon probable cause, supported by oath or affirmation, and particu- larly describing the place to be searched, and the persons or things to be seized. (90) Article V. — No person shall be held to answer for a capital or otherwise infamous crime, unless on a presentment or indictment 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 pub- lic danger ; nor shall any person be subject, for the same offense, to be twice put in jeopardy of life or limb ; nor shall he 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. (91) Article VI. — In 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 ascertained 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 wit- nesses in his favor, and to have the assistance of counsel for his defense. (9S) Article VII. — In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved ; and no fact, tried by a jury, shall be otherwise reexamined in any court of the United States than according to the rules of the common law. (98) Article VIII. — Excessive bail shall not be re* CONSTITUTION OF THE UNITED STATES. 41 quired, nor excessive fines imposed, nor cruel and unusual punishments inflicted. {pjf) Article IX. — The enumeration in the Constitution of certain rights shall not be construed to deny or disparage others retained by the people. {95) Article X. — The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people. (96) Article XI. — The judicial power of the United States shall not be construed to extend to any suit in law or equity commenced or prosecuted against one of the United States by citizens of another State, or by citizens or subjects of any foreign state. \As the subject-matter of the Twelfth Article of Amendment refers entirely to the election of the President and Vice-President of the United States, it is inserted in Article 11^ of the Constitution, con- stituting ^paragraph (57), and is omitted herej\ (97) Article XIII. — i. 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 juris- dictioDo 2. Congress shall have power to enforce this article by appropriate legislation. (98) Article XIV. — i. All persons born or natural ized in the United States, and subject to the juris- diction 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. (99) 2. Representatives shall be apportioned among the several States according to their respective num- bers, counting 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 elect- ors for President and Vice-President of the United 42 CIVIL GOVERNMENT. States, representatives in Congress, the executive and judicial officers of a State, or the members 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 waj abridged, except for participation in rebellion or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such State. {100) 3. No person shall be a senator or representative in Congress, or elector of President and Vice-Presi- dent, or hold any office, civil or military, under the United States or under any State, who, having pre- viously 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 executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or com- fort to the enemies thereof. But Congress may, by a vote of two thirds of each House, remove'* such disability. {101) 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 insurrection and 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 rebellion 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. 5. The Congress shall have power to enforce by appropriate le2:islation the provisions of this article. {102) Article XV. — i. 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 condition of servitude. 2. The Congress shall have power to enforce ihi^ article by appropriate legislation* CONSTITUTION OF THE UNITED STATES. 43 CHRONOLOGY" OF THE AMENDMENTS TO THE CONSTITU- TION. The first ten Articles of Amendment were proposed by Congress in 1789, at their first session; and, having re- ceived the ratification of the Legislatures The First Ten of three fourths of the several States, they Amendments, became a part of the Constitution, Dec. 15, 1791. The Eleventh Article was proposed by Congress in 1794. President Adams declared in his message, Jan. 8, 1798, that it had received the ratification ^v^g Eleventh of the constitutional number of States, Amendment. and was therefore a part of the fundamental law of the land. The Twelfth Article of Amendment was proposed by Congress at their session in 1803, and received the ratifi- cation of the requisite number of States OChe Twelfth during the following year, and became Amendment. part of the Constitution of the United States. The Thirteenth Article of Amendment was proposed at the second session of the Thirty-eighth Congress, passing the Senate in 1864, and the House in 1865. The Thirteenth William H. Seward, then secretary of state, Amendment. officially announced to the country, Dec. 18, 1865, that it had been ratified by three fourths of the States, and was therefore a part of the supreme law of the land. The Fourteenth Article of Amendment was proposed by Congress in 1866. William H. Seward, then secretary of state, announced July 28, 1868, that it had The Fourteenth been ratified by the Legislatures of the Amendment. requisite number of States, and had therefore become a part of the Constitution of the United States. The Fifteenth Article of Amendment was proposed by Congress in 18690 Hamilton Fish, then secretary of Short. CiVn Gov,— 4 , 44 CIVIL GOVERNMENT. The Fifteenth State, announced March 30, 1870. that it Amendment. Yi2i^ been ratified by the requisite number of States, and was therefore a part of the Constitution of the United States. Questions. 1. In the Preamble, how many reasons are given for the estab~ lishment of the Constitution ? 2. In what order are they given ? 3. Into how many articles is the original Constitution divided? 4o How many sections in the first article ? 5o In the first section how many clauses? 6. How many in Section 2 ? 7. How many in each of the other sections of this article respec- tively ? 8. How many sections in Article II.? 9. How many clauses in Section i of this article ? 10. How many clauses in Section 2 of Article II.? 11. How many in each of Sections 3 and 4 ? 12. How many sections in Article III.? 13. How many clauses in Section i? 14. How many in Section 2 ? 15. How many in Section 3? t6. How many sections in Article IV.? 17. How many clauses in Section i ? 18. How many in each of the others respectively? 19. How many sections and clauses in Article V.? 20. How many clauses in Article VI.? 21. How many clauses in Article VII.? 22. How many amendments to the Constitution have been adopted ? 23. When were the first ten articles declared to be a part of the Constitution ? 24. When was the eleventh ? 25. When the twelfth? 26. When the thirteenth? 27. When the fourteenth? 28. When the fifteenth ? 29. Into how many paragraphs are the Constitution and Amend- ments divided? BLACKBOARD EXERCISE. Branches. I. Legislative {Law-7naking). II. Executive [Law-enforcing). III. judicial (Law-interjf>retinp). CHAPTER VI. LESSON VL - - BRANCHES OF GOVERNMENT. The constitution of any country, whether written or traditional, is the fundamental law of that country ; that is, Constitution the the highest law by which the country pro- supretne Law. fesscs to be governed. If any law is made in violation of that fundamental law, it is of no force whatever, and is, to all intents and purposes, null and void. The history of different countries shows that Legislatures have sometimes attempted to pass such laws, but they have been set aside and declared inoperative by the law-inter- preting branch of the governments All free government is administered through three dis- tinctive and separate branches. These are : i. The legis- Three Branches of lativc, or law-making powcr ; 2. The exec- Government. utivc, or law-cnforciug power ; 3. The judicial, or law-interpreting power. In the United States the first is vested in a Congress, which consists of a Senate and House of Representatives ; the second, in a President of the United States j and the third, in the Federal Courts of Law. No free government can exist on earth in which the administration of its powers and functions is not distrib- uted. If a single individual may assume to make the laws, to execute and interpret the same, he becomes a despot, and his government a despotism. Such a concentration BRANCHES OF GOVERNMENT, 47 of authority in one man is utterly inconsistent with the Hberty of his people. If this combination of power be centered in any number of persons, the character of the government will be the same. One or more persons might safely be trusted with any one of these high prerogatives ; but the danger con- sists in the concentration of all in the same hands. All writers on free government agree that the legis- lative, the executive, and the judicial powers should be kept as separate and distinct as possible, j^^.^nches not en. It is hardly possible, however, for human tireiy imiepend- wisdom to devise a plan by which they can be kept entirely separate in the administration of govern- ment. This has been attempted by the wisest and best of minds, but has failed. Not one of all the American States has succeeded ; though, in some instances, they may have done all that finite wisdom could accomplish. But in all cases, without a single exception, there has been a partial mixture of these powers. In several of the States, for instance, the executive is elected by the Legislature if no one receives a majority vote by the people. In South Carolina, for some time, he was elected by the Legislature without any attempt at an election by the people. In nearly all of the States the judicial officers are im- peachable by one or both branches of the Legislature. In some of the States the officers of the judiciary are appointed by the governor and the Legislature, or one branch of that body. In some the governor may veto any act passed by the Legislature ; after which, in order that the act so vetoed may become a law, it must be repassed by a vote of two thirds of both Houses. 48 CIVIL GOVERNMENT. In some States the judicial officers are elected by the people, but removable on the address of one or both branches of the Legislature. In others they are removable by one or both branches, on the address of the executive. In still others the judicial officers are appointed by one or both branches of the Legislature, and removable by one branch on impeachment by the other. Questions. 1. What is meant by the constitution of a country? 2. Of what force is a law that is contrary to the constitution ? 3. What have Legislatures sometimes done? 4. By whom are such laws declared inoperative ? 5. Through how many and what branches are free governments administered ? 6. In whom are these branches respectively vested in the United States ? 7. W^hat is the distribution of governmental powers? 8. What is said of a despot and despotism ? 9. In what do all writers on free government agree? 10. What difficulty is here mentioned ? 11. What is said of the separation of these powers in the American States ? 12. How are judicial officers impeachable in most of the States ? 13. How are the officers of the judiciary appointed in some of the States ? 14. How are the judicial officers elected, and how removable in some of the States ? LESSON VII. — BRANCHES OF GOVERNMENT, Continued. In fact, there is no such thing as a complete and abso- lute separation of the three departments from each other. And all that is intended, in speaking of the three branches being kept separate and distinct, is that the powers and BRANCHES OF GOVERNMENT. 49 duties properly belonging to any one branch or depart- ment shall not be interfered with or administered by either of the others ; that neither shall possess a controlling influence over the others in the performance of their respective duties. In order that there may be official independence, it is necessar}^ "that the legislative, executive, and judiciary powers shall be kept as separate from, and independent of, each other, as the nature of a free government will admit, or as is consistent with that chain of connection that binds the whole fabric of the Constitution in one indissoluble bond of unity and amity." The Constitution of the United States aims to separate the three departments as widely as possible, and to render them as independent, the one of the others, as the com- plicated nature of the subject will permit. The govern- ment of the United Steites is a representative government ; and there is far less danger to liberty arising from the partial mixture of these powers in this country than in a government of less direct responsibility to the people. These three branches of the American government are located and exercised in the city of Washington, the cap- ital of the nation. The President resides The capital there during the term for which he is ^**^* elected. He lives in a mansion known as the White House, built and kept constantly furnished at the expense of the nation. In this mansion he exercises the duties of his office during the period of his administration. In another part of the city is an immense building cov- ering several acres of ground, called the Capitol of the nation, erected at a cost of some twelve miUions of dollars. In this magnificent edifice are numerous rooms and offices for the convenience of the government. But by far the largest is that which is known as the House of Representa- 50 CIVIL GOVERNMENT. tives. The assembly of men who occupy this hall during the session of Congress are called representatives. They are elected by the people of their respec- The Capitol. . . . ' . . tive congressional districts m the several States, and are sent here to assist in making the laws of the nation. No bill can become a law until it has received the approval of a majority of this body of men. By the theory of our government, all the people of the several States are present in this assembly in the person of their respective representatives. When all the representatives are present, the number is more than three hundred ; and these constitute one division or portion of the lawmaking power. In another part of this immense edifice is a much smaller room, known as the Senate Chamber. This is occupied by the senators. Of these there are two from each State, whether the State be large or small ; and therefore, when the Senate Chamber is full, there are ninety-six members, as we have at the present time forty-eight States in the Union. The senators are not elected by direct vote of the peo- ple, but are chosen by the State Legislatures for the term of six years. No bill can become a law unless approved by a majority of the votes of this body as well as the House of Representatives. Thus each House is so far a check upon the other against hasty legislation as to insure full and careful deliberation in the passage of the laws. In still another part of the Capitol is the Supreme Court Room. In this room the judges of the Supreme Court hold one term a year for the correct interpretation and application of the laws of the land. If any unconstitu- tional law is passed by Congress, and sanctioned by the President, this body has the power to declare that law utterly void, after which it is a dead letter in the statute BRANCHES OF GOVERNMENT. 5 1 book. Thus each branch of the government exercises a salutary restraint on the others, effectually securing the safety of human rights. Questions. 15. What is intended by a complete separation of these branches or powers ? 16. What is necessary to official independence? 17. With respect to this, what is the aim of the Constitution of the United States ? 18. What kind of a government is that of the United States? ig. Where are the branches of our government located and exer- cised ? 20. What is the name of the house in which the President resides? 21. What do we find in another part of the city ? 22. Which is the largest room of the Capitol ? 23. By whom is this room occupied ? 34. By whom are they elected, and for what purpose? 25. What is the theory of our government with respect to these persons ? 26. Where is the Senate Chamber ? 27.- How many senators are there from each State ? 28. How many in all ? 29. By whom are these senators elected ? 30. How is hasty legislation prevented ? 31. What other room in the Capitol is mentioned ? 32. By whom, and for what purpose, is this room occupied? CHAPTER VI I. LESSON VIIL — PREAMBLE TO THE CONSTITU- TION. We, the people of the United States, 1. In order to form a more perfect Union, 2. Establish justice, 3. Insure domestic tranquillity, 4. Provide for the common defense, 5. Promote the general welfare, and 6. Secure the blessings of liberty to ourselves and our posterity, Do ordain and establish this Constitution for the United States of America. The Preamble is no part of the Constitution, but is a key to that document. The Preamble sets forth the purposes The i*urpose of ^nd objccts for which the Constitution the cott^tuution. ^^^ formed, and to secure which it was offered to the people for their ratification and adoption. As stated elsewhere, the union of the States had been very imperfectly formed, and even more imperfectly sus- tained. It was entirely deficient in every particular men- tioned in the Preamble. The following were the more prominent defects of the Union as it existed at the time this Constitution was formed, as given by an eminent jurist of a later day : — ist, There was an utter want of all coercive authority 68 PREAMBLE TO THE CONSTITUTION. 53 in the Continental Congress to carry into effect any of their constitutional measures. 2d, There was no power in the Continental Congress to punish individuals for any breach of their enactments. 3d, They had no power to lay taxes, or T,^^ jjefects of the to collect revenue for the public service, confederation. The power over taxes was expressly and exclusively re- served to the States. 4th, They had no power to regulate commerce, either with foreign nations or among the several States. It was left, with respect to both, exclusively to the management of each particular State. 5th, As might be expected, the most opposite regulations existed in different States ; and there was a constant resort to retaliatory legislation from their jealousies and rivalries in commerce, in agriculture, or in manufactures. Foreign nations did not fail to avail themselves of all the advan- tages accruing from this suicidal policy, tending to the common ruin. 6th, " For want of some singleness of power, — a power to act with uniformity, and one to which all interests could be reconciled, —foreign commerce was sadly crippled, and nearly destroyed." 7th, The country was deeply in debt, without a dollar to pay, or the means even to draw a dollar into the public treasury ; and what money there was in the country was rapidly making its way abroad. 8th, Great as these embarrassments were, the States, full of jealousy, were tenaciously opposed to making the necessary concessions to remedy the great and growing evil. All became impressed with the fear that, unless a much stronger national government could be instituted, all that had been gained by the Revolutionary struggle would soon be lost. 54 CIVIL GOVERNMENT. To these defects may be added the following also i — I St, The Congress consisted of but one House ; and the States, large and small, had equal power in that body. When a bill had passed that House, it was the law of the land. 2d, There was no executive officer to enforce the laws, or whose sanction was required in making the laws. 3d, There was no national judicial tribunal to give construction and interpretation to the laws. 4th, Congress had no power to enforce obedience to treaties, although they could make them, and recommend their observance. 5th, They could borrow money pledging the faith of the Union, but had no positive means of raising a single dollar. 6th, They could declare war, but could not coerce into the field a single soldier. Questions. 1. What is the Preamble to the Constitution? 2. What does the Preamble set forth? 3. What is said of the formation of the Union ? 4. What were the more prominent defects of the Union at the time of the formation of the Constitution, as given by an eminent jurist ? (S) VIII. ^/^^« elected (^) (i^ IX. How Vacancies are filled , .0 o \6) X. House Powers, 1. Legislative. (a) Concurrent o • • • • (^) (b) Exclusive . • , , . (^^) 2. Inquisitorial . • o • . » (7") 3. Elective, (a) House Officers , o • » (7) (b) President of U. S. . , . (57) 61 CHAPTER IX. LESSON XL — HOUSE OF REPRESENTATIVES. The House of Representatives is one branch of the American Congress, and it assembles at Washington at least once a year to take part in making laws to govern the nation. This body alone cannot make the laws, but is coordinate with the Senate in lawmaking. The House of Representatives is composed of members elected by the people of the several States. These members I. Mow ^^^ called representatives because they are composed (3). supposed to represent the views and wishes of the people who elect them. They act and speak and vote as the agent of the people, who are called their con- stituency. The people cannot all assemble in one body or conven- tion to make the laws, and therefore they send their agents or representatives to do this business for them. It would be impossible for millions of people to assemble in one con- vention, and make the laws by which they would promise to be governed. Eligibility, as here used, signifies the right to hold and enjoy an office or position, if properly gt tt y. gjg^^g^ Qj. appointed thereto. To be eligi- ble to an office, one must possess the proper legal qualifi- cations for it. 62 HOUSE OF REPRESENTATIVES. 63 The conditions of eligibility to the House of Represen- tatives are three : I. Age; 2. Citizenship; 3. Inhabitancy. 1. Age is the first condition of eligibility to membership of the House of Representatives required 1 1 ^ • • r-ni , 1. Age (4). by the Constitution. Ihe representative must have attained to the age of twenty-five years. Before the age required by the Constitution, few men have had sufficient experience and preparation to qualify them for so important a public trust. 2. Another condition of eligibility is that 2. citizen- the member must have been a citizen of ship {4). the United States at least seven years. The following quotation from the Fourteenth Article of Amendment to the Constitution defines the meaning of the word "citizen" thus: — " 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." We learn by this extract that a person may be a citizen of the United States either by birth or by naturalization. Naturalization is that process by which an alien or for- eigner becomes a citizen of the United States. Before the adoption of the Constitution, this whole subject was under the control of the several States, some requiring a longer, and others a shorter, period of time for its completion ; but under the present Constitution, Congress has exclusive con- trol of the matter, and now, by the laws of that body, it requires five years. These, added to the seven years of citizenship required by the Constitution, make it necessary that a person of foreign birth shall have actually resided in this country at least twelve years before he can take a seat as a member of the House of Representatives if elected thereto. This is a period sufficiently long, perhaps, to enable a person of foreign birth to make himself acquainted with our 64 CIVIL GOVERNMENT. institutions and form of government, and to demonstrate his attacliment to our country. 3. The third condition of eligibility is that the member must be an inhabitant of that State in which he shall 3. Inhabit- ^6 chosen. States having more than one ancy (4). member are divided into congressional dis- tricts. A person may reside in one district and yet be elected by and for another district of the same State ; but this is not usual, though it has been done in some instances. If a person has been elected a member in one congressional district, and removes to another, or even to another State, this removal does not deprive him, during the term for which he was elected, of his seat in the House, Questions. i» What is the House of Representatives ? 2. How does this branch stand related to the Senate in law- making ? 3. How is the House composed ? 4. Why are the members called representatives ? 5. Why do the people send representatives to the House? 6. What does eligibility here signify ? 7„ What are the conditions of eligibility to the House? 8. What does the word " citizen " mean ? 9. How many ways of becoming a citizen of the United States ? 10. What is naturalization ? 11. In whose hands was this subject before the adoption of the Constitution ? 12. Under whose control is this matter now ? 13. How long time does it require for a person of foreign birth to become eligible to the House? 14. What is the third condition of eligibility? 15. How are the States divided ? HOUSE OF REPRESENTATIVES. 65 LESSON XII.— HOUSE OF REPRESENTATIVES, Continued. As to number of members, the Constitution says, " The number of representatives shall not exceed jxi. Number of one for every thirty thousand; but each Members k5). State shall have at least one representative." When the Constitution was formed in 1787, the popula- tion of the States was not known, with anything like exact- ness, to the convention that framed that document. It was provided, however, by the Constitution, that the population should be ascertained within a few years by actual count or enumeration. The number of representatives in the first Constitu- tional Congress was sixty-five. This number, it was pre- sumed, gave one member to about thirty thousand inhabit- ants. As the population of the United States should increase, of course the number of members in proportion to the inhabitants represented must be diminished. If not, the number of members in the House of Representatives would become too great, in the course of a few years, for the convenient transaction of business. Hence once in ten years Congress fixes by law the proportion of repre- sentation to population. The necessity for this is mani- fest. For instance, the population of the United States one hundred years after the adoption of the Constitution was over sixty millions. With one representative for every thirty thousand, the House would then have consisted of two thousand members, — a number far beyond that of any legislative body in the world. The number of members is fixed by a law of Congress once in ten years, and their apportionment is based on the 66 CIVIL GOVERNMENT. last census. The number fixed in accordance with the Thirteenth Census is 435, being i for each 211,877 per- sons and fraction of more than half thereof in each State. Using this number (called the ratio) as a divisor, and dividing the population of each of the States by it, the quotient will be its number of members allowed for whole ratios ; but in each instance there will be a remainder, larger or smaller. To each State having a remainder of more than half of 211,877, one additional member is allowed, so as to make the total of all the States 435. Each State is divided into congressional districts by its Legislature ; but, in case the number of representatives of a State is increased and the Legislature fails to redistrict the State before an election occurs, the additional member or members are elected at large on the general State ticket. In case the number were diminished and the State were not redistricted, the entire number of representatives would be elected at large. Nevada has a population less than half of 211,877 ; but it has one member under the constitutional provision that *' each State shall have at least one representative." Hawaii and Alaska each elect one delegate, Porto Rico one commissioner, and the Philippines two commissioners, who have seats in the House and may speak, but not vote, on any question. Questions. 16. What does the Constitution say on this subject? 17. What was known about the population of the States when the Constitution was formed? 18. What was provided by the Constitution in reference to this ? 19. How many members were in the first Constitutional Congress? 20. As the population of the United States should increase, what must be done ? 21. Why must this be done? 22. By whom and how often is the number of members fixed? HOUSE OF REPRESENTATIVES. 67 23. What is the present number? How apportioned and allotted among the States ? 24. What members are called members at large? 25. How are members at large elected ? 26. What if new States are admitted into the Union ? 27. What is said of delegates and commissioners ? LESSON XIIL— HOUSE OF REPRESENTATIVES, Co7itinued. When the Constitution was adopted, slavery existed in every State excepting Massachusetts. As a matter of com- promise between the North and South, and j^. Hotvappor- after long and earnest debate in the con- tioned{99). vention that framed that document, the following clause was accepted as the rule for determining the representative population : — . " Representatives and direct taxes shall be apportioned 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 number 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 last clause of this period, '^ three fifths of all other persons," refers to slaves. Three fifths of these were to be counted as representative population. It will be observed that the Constitution nowhere men- tions the word "slave" or "slavery." Whenever it is necessary to allude to that class of persons, a definition is adopted instead of the word itself. This was deliberately intended by the authors of that instrument, feeling that it would be a stain upon their work. The word " slavery " occurs in the Thirteenth Article of Amendment, and 68 CIVIL GOVERNMENT. there only for the purpose of abolishing that institution throughout the United States, and in all places subject to their jurisdiction. This amendment was proclaimed by the secretary of state, Dec. i8^ 1865, to be a part of the supreme law of the land. From that day, therefore, slavery ceased to exist throughout the United States and their Terri- tories. By a part of the second clause of the Fourteenth Article of Amendment, which was subsequently adopted July 28, 1868, the count of representative population was essen- tially modified. From the time of the adoption of that article, representatives are to be apportioned among the several States according to their respective numbers, count- ing the whole number of persons in each State, excluding Indians not taxed. By a subsequent provision of the same clause, if any State shall disfranchise any of the male population, being twenty-one years of age and citizens of the United States, and prohibit their voting at the usual elections, the basis of representation is to be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such State. By the Fifteenth Article of Amendment, subsequently adopted March 30, 1870, the States are forbidden to deny or abridge the right of citizens of the United States to vote on account of race, color, or previous condition of servitude. Thus it Vv'ill be seen that the entire population, and the representative population, excluding Indians not taxed, are identical. HOUSE OF REPRESENTATIVES. 69 Questions. 28. How many States held slaves at the adoption of the Constitu- tion ? 29. How were representatives then apportioned? 30. To whom does " three fifths of all other persons " refer? 31. Where and for what purpose does the word " slavery" occur in the Constitution ? 32. When was slavery abolished in this country? 33. How are representatives now to be apportioned ? 34. For what cause is the basis of representation to be reduced ? 35. What is the substance of the Fifteenth Article of Amendment ? LESSON XIV. — HOUSE OF REPRESENTATIVES, Continued. It will be remembered that the Constitution was formed in 1787. In reference to the enumeration, it says that the actual enumeration shall be made within V. Emitne ration. three years after the first meeting of the Congress of the United States, and within every subse- quent term of ten years, in such manner as they shall by law direct. The enumeration is what is generally known as the census. The primary and leading object for which the census is taken is to equalize representation in the House of Representatives in proportion to the population of the several States. Indeed, this is the only means by which equality by representation can be secured. The Constitution requires that the census shall be taken once in ten years. By act of Congress it was taken the first time in 1790 : and it has been taken ^ _^ ^ ^^ ' ^ ^ 1. Wfienmade (5). decennially ever since, during the first year of every regular decade : thus, 1800, 1810, 1820, etc. It has .therefore already been taken thirteen times. 70 CIVIL GOVERNMENT. The manner of taking the census is under the control of Congress, to be fixed from time to time by law. Since the organization of the Department of Com- 2 . How made {5) . i t i / \ i i merce and Labor (1903), that department has had general supervision of the matter. The Thirteenth Census was by law placed under the immediate superintend- ence of the director of the census, who was made the head of the Census Office. Supervisors had charge of limited districts, one or more in each State, under whose direction the enumerators canvassed their respective subdistricts during the month of April, 19 10. The duties of these enumerators consisted in visiting personally every dwelling-house and family within the limits of their respective jurisdictions, and propounding to some member of the family, of suitable age and intelli- gence, such questions as are required by act of Congress. These questions relate not only to the number of inhab- itants, but to their ages, sex, color, ability to read and write, facts relating to agriculture, manufactures, commerce, resources of the country, its productions, and, in fact, everything that may be necessary to give a general view of the condition of the United States. For the collection of industrial statistics there were em- ployed, besides the enumerators, many special agents. Nor is it left to the discretion of persons questioned whether they will answer the interrogatories. They are compelled to answer, under penalty of a heavy fine for refusing to do so. Representatives are elected by the people of the several States. This is required by the express language of the ri. By whom Constitution. The word " people," how- eiected (S). ever, does not include all persons, men, women, and children, but includes those persons only who are qualified voters. HOUSE OF REPRESENTATIVES. 7 1 This provision of the Constitution met with very strong opposition in the convention that framed that document. Some of the ablest men of that body contended that it was unsafe to allow the people to elect, by direct vote, their own representatives to Congress. This class of members earnestly contended that it would be an excess of democracy most dangerous in the hands of the people ; that they were not qualified to exercise this prerogative. By the members holding this view it was proposed that these elections should be referred to the several State Legislatures. But at length the provision passed by a very close vote. Had the proposition prevailed to elect representatives by State Legislatures, it is highly probable that the Constitution would have been rejected by the people. Questions. 36. When was the Constitution formed ? 37. What does it say of enumeration ? 38. What is the leading object for which the census is taken? 39. How often must the census be taken ? 40. When was the first census taken ? 41. How many times has it been taken ? 42. Who has the control of this matter? 43. What department has the supervision of this matter? 44. What officer has immediate control of the census ? 45. What other officers are employed in this business ? 46. How do the enumerators canvass their districts ? 47. What penalty attaches to a refusal to answer the oflScer's ques- tions ? 48. By whom are representatives elected ? 49. Who are these people ? 50. What is the substance of the discussion in the convention on this subject? 72 CIVIL GOVERNMENT. LESSON XV. — HOUSE OF REPRESENTATIVES, Continued. The word " electors " here means voters. The Con- stitution requires that the electors, or voters for members ■^^, .. ,.^ of the House of Representatives, shall have VII. Qualtfica- _ ^ ' tions of meet- the qualifications requisite for the voters, ors (3). Qj. electors of the most numerous branch of the State Legislature. A State Legislature, like the Federal Congress, consists of two Houses, one of which is called the Senate, and the other of which is known as the Assembly, House of Dele- gates, or House of Representatives, — in one State by one name, in another by another. The Senate is the least numerous branch, and is frequently called the upper House ; the other branch is the most numerous, and is often called the lower House. In some States higher qualifications are required to vote for members of the upper than of the lower House ; but, by the provision of the Constitution just referred to, no State has the right to require any higher qualification of an elector to vote for a member of the House of Representa- tives than it requires to vote for a member of its own lower House. For instance: the Senate of the State of New York consists of fifty-one members ; the Assembly, of one hundred and fifty, the Assembly being the most numerous branch of the State Legislature. Now, if the State of New York were to require a property qualification to vote for a State senator, and no such quafification to vote for a member of the other House, that State could not re- quire a property quahfication to vote for a member of the National House of Representatives. Whoever may HOUSE OF REPRESENTATIVES. ^3 vote for a member of Assembly in New York may enjoy the right to vote for a representative in Congress. Each State, therefore, determines this whole question for itself Were women allowed to vote for members of the Assembly in the State of New York, they must also be allowed to vote for members of the lower House of Congress. Members of the House of Representatives are elected in the several States by congressional districts. When it has been ascertained how many members each State is entitled to, the Legislatures of the several States divide them respectively into as many congressional districts as they are each entitled to members. These congressional dis- tricts are numbered, for convenience, ist, 2d, 3d, etc., and are known by their numbers. The electors of each district vote for but one candidate, though that candidate need not necessarily be a resident of the voter's district. He must, however, as we have seen, be an inhabitant of the State in which he shall be chosen. The Constitution says that representatives shall be chosen every second year; that is, once in two riii. when eiect- years. The representative term commences *^ (^) (^'^)- the fourth day of March next after the election of the mem- bers, and continues for two years. For many years the day of election of representatives was not the same in the several States, — the time was regulated by each State Legislature for its own jurisdic- tion, — but by paragraph (15) of the Constitution the time of holding elections for representatives may be determined by Congress. Under this authority a law was passed Feb. 2, 1872, fixing the time for election of representatives ; and by this law the time is the same throughout the United States, except in a few States where another day is fixed by the State constitutions. 74 CIVIL GOVERNMENT. In all other States and Territories the election must be held on the first Tuesday after the first Monday in Novem- ber, the year of the election. The Constitution says, " When vacancies happen in the IX. Motv Facfflw.- representation from any State, the execu- cies are filled i6).^^^Q authority thereof shall issue writs of election to fill such vacancies.'^ The writ of election is directed to the proper officer of the congressional district in which the vacancy occurs. The writ commands that the election shall be held at a time therein named, and it is the duty of the officer to whom it is directed to give notice thereof The election held in pursuance of such writ is called a special election. The representative elected to fill a vacancy serves only the unexpired portion of the term for which his predecessor was elected. Vacancies can only happen by death, resigna- tion, or expulsion of the incumbent from his seat in the House. Questions. 51. What does the word "electors" mean? 52. What must be the qualifications of voters? 53. Of what do State Legislatures consist? 54. Which is the most numerous branch? 55. What qualifications has a State a right to require of voters foi a representative in Congress? 56. Give the substance of the illustration. 57. What is said about congressional districts? 58. How often are members chosen ? 59. When does a representative term begin, and how long continue ? 60. By whom has the time for electing representatives been deter- mined heretofore ? 61. By whom is it now determined ? 62. Hereafter on what day is the election to take place ? 63. Where is the election to be held on that day ? 64. How are vacancies filled ? 65. What is said about this writ of election? 66. How may vacancies occur? HOUSE OF REPRESENTATIVES. 75 LESSON XVI. —HOUSE OF REPRESENTATIVES, Continued^ The House is coordinate with the Senate in general legislation. There are special powers peculiar to each House, and these are so clearly defined in ^ „ "' S., SLotise Powers. the Constitution as to take away all ambi- i. Legislative. guity. There can be no mistaking the pow- ^''^ Concurrent {2). ers of one House for those of the other. But in the general ordinary business of lawmaking the Houses are coordinate in legislative power. The Constitution says, "All bills for raising reve- nue shall originate in the House of Repre- ^ ^. „ ^ ih) Exclusive 123). sentatives. It will be seen, therefore, that the power for originating bills which may result in a tax upon the people belongs exclusively to the House. This body, as has been stated, is constituted of the more immediate representatives of the people ; and as the people are to pay the taxes, if any are imposed, it would seem fit and proper that their representatives should be the prime movers in any measures that require money to prosecute them. The House of Representatives has the sole power of finding, or preferring articles of impeachment. An im^ peachment is a solemn and specific accusa- 2. inquisitor tion brought against a public officer, drawn ***"' ^'^' out in due form, charging him with treason, bribery, or other crimes and misdemeanors. It is in the nature of an indictment, being ov\y prima facie evidence of guilt; sufficient, however, to put the accused on trial at the bar of the Senate. Although it requires a majority of two thirds of the Senate to convict Short. Civ. Gov.— 6 76 CIVIL GOVERNMENT. the accused, it requires only a numerical majority to prefer the impeachment by the House. It would be in the highest degree improper for the ac- cusing party to try and pronounce upon the guilt of the accused. When originating charges of impeachment, the House acts as the grand inquest of the nation. The Senate alone decides on the innocence or guilt of the accused. In England the power of impeachment is vested in the House of Commons, the people's branch of the legislative department ; and the trial of impeachment belongs to the House of Lords, to which our Senate is somewhat analo- gous (see Townsend's Analysis of Civil Government). The Constitution says that the House shall choose their speaker and other officers. The speaker is the presiding 3. Elective officer of the House. He is chosen from (a) Souse Off,- among the members themselves, being himself a representative. It is his duty to preside over the deliberations of the House, and to decide questions of order. The other officers are a clerk, sergeant- at-arms, postmaster, and doorkeeper. These officers are not members of the House. Among the peculiar and exclusive powers of the House (p) President of the ^^ Representatives is that of choosing a United States (37). President of the United States in a cer- tain contingency. When the electors of President and Vice-President fail to elect a President by a majority of all the electors appointed by the people for that purpose, the election of the President devolves on the House. This has occurred twice since the adoption of the Constitution. The first instance of an election by the House occurred in t8oi. The two opposing candidates were Thomas Jef- ferson of Virginia, and Aaron Burr of New York. Mr. Jefferson was elected on the thirty-sixth ballot. HOUSE OF REPRESENTATIVES. 77 The second instance of the kind occurred in 1825. At that time there were three candidates for the office, whose names were before the House. These were John Quincy Adams of Massachusetts, Andrew Jackson of Tennessee, and Wilham H. Crawford of Georgia. Mr. Adams re- ceived a majority of the votes on the first ballot, and was declared elected. He was the sixth President of the United States. Questions. 67. How are House powers divided and subdivided? 68. What is said about the special powers of the two Houses ? 6g. What bills must originate in the House ? 70. What is an impeachment ? 71. What is said about impeachments in England ? 72. What are the position and duties of the speaker? 73. What are the other officers of the House? 74. In what case does the House elect a President of the United States ? 75. How many times, and when, has this occurred in our history? BLACKBOARD EXERCISE. Senate. \. How composed o o o o o = (^) IL Eligibility. I o -^ge o o o o o o . (io) 2. Citizenship * o o o o „ (iO) 3. Inhabitancy c . (W) III. Senatorial Term 0000 . (*) IV. By whom chosen 00000 . (5) V. ^/z . (9) 2o »S/<2/' inhabitancy is Kmited to the time w/ien chosen. A senator chosen for New York^ for instance, does not vacate his seat in the Senate by changing his residence to any other State during the term for which he was elected. It might be in ^ the highest degree proper that he should resign, but that is a matter within his own discretion. Questions. 1. How is the Senate of the United States composed, and how does it differ in composition from the House of Representa- tives ? 2. What is the provision of the Constitution with reference to this? 3. Of what is the composition of the Senate of the United States the result? 4. What is said of the power of Congress under the Confedera- tion? 5. What are the conditions of eligibility to the Senate of the United States ? 6. In what respects are the duties of a senator more responsible than those of a member of the other House ? 7. Who are citizens of the United States, and what are the citizen- ship conditions of eligibility to the United States Senate? 8. What time is required for naturalization ? 9. What is said of the necessity of continuous inhabitancy to ren- der one eligible as presiding officer of the Senate? 82 CIVIL GOVERNMENT. LESSON XVIII. — SENATE, Continued. The full senatorial term is six years, — a period three times as long as a term in the other House. The senato- III. Senatorial rial term was a subject of earnest debate Term {8). jj^ ^^g convention, and on which, at first, there was great difference of opinion. The terms of three, four, five, six, seven, and nine years were severally proposed, and each had its advocates. Several members were in favor of extending the term for life, or during good behavior. All were in favor of a term sufficiently long to insure to the office dignity, stability, and independence. Six years was probably not the choice of half the members of the convention, but that term was adopted as a compromise of the extremes. It was the intention of the authors of the Constitution that the Senate should be a far more grave, dignified, and aristocratic body than the House. The senators are chosen by the Legislatures of their respective States.^ They represent their States in their IV. By whom political capacity, and are not regarded as chosen (S). representatives of the people. In the other House, a member, as we have seen, represents the people of his congressional district. The senator represents the whole State, by which he is chosen through its Legislature. Therefore State Legislatures have sometimes claimed the right to instruct their senators in regard to the course which they wish them to take on great national questions, 1 In 1912 Congress proposed an amendment to the Constitution, provid- ing that the senators should be chosen by vote of the people of their re- spective States. This amendment will go into effect when ratified by the Legislatures of three fourths of the States. SENATE. 8;^ even to the extent of dictating how they shall vote on such questions. By a provision of the Constitution, one third of the num- ber of senators is chosen every second y, when chosen year. <^^)- This must necessarily be so, on account of the mode of classifying the senators which is prescribed in the Con- stitution, and which is therein directed to take place at the first organization of the Senate under the new gov- ernment. Only one third of the senators being chosen every sec- ond year, and but one third retiring every second year, the Senate must always be constituted of members one third of whom have had at least four years of legislative experience, and of another third who have had at least two. By act of Congress, passed July 26, 1866, relating to the election of United States senators by the State Legis- latures, it is provided, — ist. That each House shall, by a vote mTjd voce of each member present, on the second Tuesday after the meeting and organization thereof, name a person for senator of the United States. 2d, On the day following, the two Houses shall meet in joint assembly ; and, if the same person shall have re- ceived a majority of all the votes cast in each House, he shall be declared duly elected senator of the United States. 3d, If no person has received such majorities, then the joint assembly shall choose by a viva voce vote a person for senator ; and the person who shall receive a majority of all the votes of the joint assembly, a majority of the members of each House being present, shall be declared duly elected. 84 CIVIL GOVERNMENT. 4th, If such senator is not elected on the first day, the joint assembly shall meet, and take at least one vote per day, during the entire session of the Legislature, or until a senator shall be elected. 5th, In relation to vacancies, the act provides that when one exists at a meeting of the Legislature, the same pro- ceedings shall be had on the second Tuesday after their meeting and organization. 6th, When a vacancy shall happen during the session of the Legislature, like proceedings shall be had, beginning with the second Tuesday after notice of such vacancy shall have been received. 7th, The governor of the State shall certify the election of a senator to the President of the United States. Questions. 10. What is a senatorial term ? 11. How does this compare with a term in the other House of Congress ? 12. What were the views of the members of the convention on this subject ? 13. By whom are the senators chosen, and whom do they represent in their political capacity ? 14. How does the representation of senators differ from that of the other House? 15. Why do State Legislatures claim the right to instruct their senators ? 16. What portion of the senators is chosen every second year, and why must this be so ? 17. What is the result of this ? 18. When, and by what formality, are United States senators elected ? SENATE. 85 LESSON XIX. — SENATE, Continued. The Constitution says, " Immediately after they shall be assembled in consequence of the first election, they shall be divided, as equally as may be, into three yi. Three classes classes. The seats of the senators of the of Senators i9). first class shall be vacated at the expiration of the second year ; of the second class, at the expiration of the fourth year ; and of the third class, at the expiration of the sixth year." By the foregoing provisions of the Constitution, it will be seen that the Senate is a perpetual body. This was the intention of the framers of that instrument. The preroga- tives with which it is invested, and the duties required of it, render this indispensable. It may be necessary to con- vene them at any time for the purpose of trying impeach- ments, confirming executive nominations to office, or con- curring with the President in making treaties. Of course, there would be times when this could not be done if the Senate were not a perpetual body. The number of senators at first was twenty-six, there being thirteen States in the Union, and two senators from each State. Were each of these senators to serve for six years, their terms would all expire at the same time ; but the plan was, that one third should retire every second year : hence the first Congress classified the senators, and determined by lot -who should retire at the end of two years, who at the end of four, and who at the end of six. That classi- fication has been preserved, as nearly as practicable, ever since. When a new State is admitted into the Union, and it chooses two senators, it is determined by lot which shall serve for the short and which for the full term. S6 CIVIL GOVERNMENT. The language of the Constitution on the subject of filling vacancies is as follows : — " If vacancies happen by resignation or otherwise during the recess of the Legislature of any State, the Executive rii. Bow Vacan- thereof may make temporary appointments cies are filled. ^^^x.\\ ^he next meeting of the Legislature, which shall then fill such vacancies." As implied by this language, if the Legislature of the State in which the vacancy occurs is in session when it J. B2/*7ieiesri*ia- happens, that body will fill the vacancy. ture (9). As to whcn and how they shall fill it, has been explained under the head, in this chapter, " When chosen." The Executive is the governor of the State. He may 2. By the Execu- make temporary appointments to fill vacan- tive (9). ^-gg ^Yi^x occur when the State Legislature is not in session. If the Legislature is in session when the vacancy hap- pens, the governor has no authority over the matter : nor can he make an appointment, even for a single day, in anticipation of a vacancy that is soon to occur ; he must wait until it has really taken place. This has been decided by the Senate of the United States. Nor can the State Legislature choose a senator to fill a vacancy, until the vacancy has actually happened. The Constitution says, " Each senator shall have one vote." This clause would seem to be superfluous, unless it be remembered, that, under the Confederation, each State, whatever the number of its members in nil. Vote («). Congress, had but one vote ; and, if less than two members were present, it had no vote. The States were each allowed from two to seven mem- bers ; and, if their delegation was equally divided, they SENATE. 87 lost their vote. One member was incapable of voting alone. It was the intention of the Constitution to give equality of suffrage in the Senate ; with the further advantage that a senator shall not lose his vote, nor his State go entirely unrepresented, on account of the absence of one of the members from the Senate Chamber. Questions. 19. How are senators classed, and when do their terms expire? 20. How long does the Senate exist? 21. What is the necessity of this ? 22. How many senators were in the first Constitutional Congress? 23. By what means were they classified ? 24. What is done when new States are admitted? 25. B)^ whom are vacancies filled ? 26. What has been decided by the Senate in regard to filling vacancies ? 27. What is the origin of the provision that each senator shall have one vote ? LESSON XX. — SENATE, Continued. The Vice-President of the United States is ex officio (that is, by virtue of his office) president of the Senate. He performs the ordinary duties devolving on a presiding officer, except that he does not inf, officer. appoint the standing committees. This ^- ^*ce-Pres. exception is proper from the fact that he is not a member of the body over which he presides. In case of the removal of the President of the United States from office, or of his death, resignation, or inability to discharge the powers and duties of the said office, these duties devolve on the Vice-President; and he becomes 88 CIVIL GOVERNMENT. President of the United States. In such case, of course, he will not act as presiding officer of the Senate ; nor will he act as president of that body during the trial of the President of the United States on impeachment, should such an event occur. By the Constitution, the Senate are required to choose a 2. President pro president /r especially for the purpose of securing (a) Domestic Coin entire Uniformity of value, in order that it ^^^^' may pass from hand to hand in business transactions, obviating the necessity of a test being applied to each piece of money in each commercial transaction. Every piece of money is stamped in such a manner as to indicate its precise value. When at first metals were used as media of exchange, especially in ancient Britain, it was necessary to weigh such as were used, in every business transaction. It was also necessary to subject them to tests that would deter- mine their purity. They were not formed in the similitude ot the beautiful coins of modern times. The power of regulating the value of foreign coin is also given to CongresSo If it were not for this power to (6) Foreign Coin regulate the value of foreign coin, it would (30). |3g YQj-y difficult to regulate the value of domestic coinc Different States might attach different values to the same piece of foreign coin. Massachusetts might call a piece of English money, known as a sovereign, five dollars ; and New York, four dollars. A citizen of Massachusetts owing a citizen of New York five thousand dollars, to be paid in Boston, could compel the latter to accept a thousand sovereigns in payment; on which the citizen of New York would lose a thousand dollars if he used the money at home. Thus foreign coin would become an article of commerce, the same as any other commodity. Congress hn,s the express power to fix the standard of POWERS OF CONGRESS. . II9 weights and measures; but as yet it has not b«?en fully exercised by this body. s. weights and Until Congress fixes a standard, the Measures (so). understanding seems to be that the States possess the power to fix their own weights and measures. The national government, however, has made possible the attainment of uniformity in weights and the most com- mon measures, by supplying a set of uniform standards to all the States. Congress has also made it lawful to use the metric system of weights and measures, and has de- fined them in terms of the English weights and measures. The power to pass or establish uniform laws on the sub- ject of bankruptcies is classed here as among the commer- cial interests of the government. A law 4, nanUruptcy of this character is regarded as indispensa- (^^)- ble to the commercial interests of the country. A bankrupt is one who owes more than he can pay. Especially is he to be regarded as such when the question of his inability to pay his debts has been judicially ascer- tained. No State has a right to pass a bankrupt law, or any other law impairing the obligation of contracts. The objects of a bankrupt law are twofold : — I St, To enable creditors to secure an appropriation of all the property of a debtor who fails to pay his debts ; allow- ing the courts, in such cases, to give the debtor a complete discharge from all indebtedness. 2d, To relieve unfortunate debtors from their debts, and from liability to imprisonment, on their own applica- tion, and surrender of all their property. A bankrupt law must not be confounded with an in- solvent law. An insolvent law simply relieves from a liability to imprisonment for debt, on the surrender of the debtor's property to the creditors : it does not discharge the indebtedness itself. In such cases, the future property of I20 CIVIL GOVERNMENT. the debtor may be seized for his debts, and appropriated to their payment. On the contrary, a discharge under a bankrupt law annihilates the debts themselves, and the creditors have no further claims. Questions. 19. Why should the coinage of money be placed in the hands of the government ? 20. What is money? 21. Why not leave coinage to the States? 22. Why should it be placed in the hands of Congress? 23. Why should government determine the value of money? 24. What was necessary when metals were first used ? 25. Why was it necessary that. Congress should regulate the value of foreign coin ? 26. What is said about the standard of weights and measures? 27. What is a bankrupt ? 28. What is the object of bankrupt laws, and how do they differ from insolvent laws ? LESSON XXX. — POWERS OF CONGRESS, Continued. Counterfeiting consists in making imitations of coin, bank- bills, or other securities, approaching so near to a likeness JF„ Penalties, of the Originals as to deceive a person of 1. Counterfeiting, ^^^ Ordinary experience. The power to punish, or to prescribe the punishment as it is here to be understood, for counterfeiting the securities (a) TTnited States and Current coin of the United States, is a Securities {31). necessity growing out of the power of Con- gress to coin money and to regulate its value. We have seen that Congress has the sole power to coin money. It consists chiefly of gold and silver, and is struck (6) United States at the mint in denominations adapted to Coin {31). ^Y^Q useg Qf commerce. POWERS OF CONGRESS. 121 Without the power to attach severe penalties to the crime of counterfeiting, the securities and coin of the United States would soon become comparatively worth- less ; the country would be filled with spurious bills, bonds, and coin ; and it would not be long before money would cease to be a medium of exchange among the masses, who are unskilled in detecting the counterfeit from the genuine. Congress is vested with power to define and punish pira- cies and felonies when committed on the high seas. In pursuance of this authority Congress has „ ^ , ^ ■' '^ 3. Crtmes on M%gh passed several acts on the subject. For seas. instance, in 1820 the foreis^n slave trade ^"^ Piracies {35). ' . • 1 ?i . 1 , (^) Felonies (35). was made piracy, punishable by death. From the foundation of our government, until 1808, the foreign slave trade was lawful commerce. Congress has the power to enlarge or contract the definition of " piracy " from its common-law meaning. Sir William Blackstone defines "piracy" at common law to consist in committing those acts of robbery and depredation on the high seas, which, if committed on land, would amount to felony. "Felony" is another word of common-law definition. The author last quoted defines it to be every species of crime which at common law occasioned the forfeiture of the lands and goods of the criminal ; and this happens most frequently in those crimes for which a capital punishment is or was inflicted. Therefore " felony " is a word of generic import, and includes many crimes, such as murder, larceny, arson, burglary, etc. The Constitution authorizes Congress to change this common-law definition of "felony" in cases where it may be necessary to do so. When committed on the high seas, it could not properly be left with the States to define it, as the jurisdiction of offenses not committed 122 CIVIL GOVERNMENT. within State limits must necessarily be restricted to the Federal courts. The high seas embrace not only the waters of the ocean which are out of sight of land, but also the waters on the sea coast below low-water mark, whether within the terri- torial boundaries of a nation or within those of a domestic State. The Constitution says that Congress shall have the power to declare the punishment of treason. This crime consists in levyins: war against the United 3. Treason {73). ^ . ,, . , . States, or in adhermg to their enemies, giving them aid and comfort. In 1790 Congress affixed to this crime the penalty of death. In 1862 Congress passed another act, punishing treason with death, or im- prisonment for not less than five years, and a fine of ten thousand dollars, and the slaves of the party convicted to be free. This act was passed before the abolition of slavery in the United States. Questions. 29. What is counterfeiting ? 30. Why is punishment for counterfeiting the securities and cur- renit coin of the United States necessary ? 31. What is the power of Congress over piracies and felonies com- mitted on the high seas ? 32. What is piracy at common law, and what power has Congress with reference to defining the same ? 33. How is "felony" defined, and what is said in regard to changing this definition when necessary? 34. What are the high seas? 35. What is treason? 36. What penalty has Congress attached to this crime? POWERS OF CONGRESS. 123 LESSON XXXI.— POWERS OF CONGRESS, Continued, The power to establish post offices and post roads is given to Congress by the Constitution. Nothing like a uniform postal system could have been y. vostai. established and carried on had the matter ^- ^^** Offices {32). been left to the several States. There would have been as many different postal systems as there are States. Under such a system, or rather such a want of system, the burdens must be unequal. It is far more expensive to transport the mails in some parts of the country, mile for mile, than in others. Yet it is in a high degree important to the whole country that the forest and the prairie be subjected to the hand of cultivation. And who will become pioneer, if he must be shut out from all communi- cation with that world which he has left behind ? The general superintendence and direction of the Post Office Department is under the care of the postmaster- general. He has the estabhshing of post offices^ appoints most of the postmasters, and has the letting of the con- tracts for carrying the mails. Some of the postmasters in the larger offices are appointed by the President, by and with the advice and consent of the Senate. Formerly postage was at much higher rates than now. From the beginning of the postal system in this country, down to 1845, the rates of postage on a letter weighing half an ounce, or less, ranged from six to twenty-five cents, depending on the distance it was carried. For each additional half ounce or less, an addi- tional postage was charged. From 1845 to ^^5^ ^^^ rates of postage were five cents for half an ounce or less, if carried less than three hun- Short. Civ. Gov.— 9 124 CIVIL GOVERNMENT. dred miles, and ten cents if conveyed over three hundred miles. In 185 1 the uniform rate of. postage on letters not exceeding half an ounce was fixed at three cents, if not conveyed over three thousand miles and wholly within the United States. In 1870 the three-cent rate was ex- tended to include all points within the United States, the limit of three thousand miles being removed ; and in 1883 this rate was further reduced to two cents; while in 1885 the weight covered by this low rate was increased to one ounce. For letters sent to foreign countries, various rates have been established (higher than these), the rates depending on the countries to which the letters are sent. In 1790 there were but seventy-five post offices in the United States. In 1900 there were upwards of 75,000. The aggregate number of miles traveled in carrying the mail, in 1790, was 7,365; in 1900, about 450,000,000. It is encouraging to know, that, under the cheap postage plan with which the American people are now favored, the Post Office Department is nearly self-sustaining. A post road is a road established as such by authority of law, over which the government mails are a. PostItoads{32). ' . to be regularly carried. It has not been necessary, except in a few instances, that Congress should exercise their power to establish post roads. Generally the roads already opened by the inhabitants of the country through which the mails are conveyed have been found sufficient. They are regularly selected, and declared, however, to be post roads, before being used as such. The waters on our rivers and lakes, over which travel is public and regular, are, in many in- stances, established as post roads in this way. The mails are carried by private individuals, or by rail- road or steamboat companies, the contract being made POWERS OF CONGRESS. 1 25 with the postmaster-general in behalf of the United States. He advertises for bidders, and lets the contract in each case to the lowest responsible bidder. Those who are in immediate charge of the mails are sworn to the faithful discharge of their duties. The Congress shall have power, the Constitution says, *^To promote the progress of science and useful arts, by securing for limited times, to authors y^^.^^^^,^^^ and inventors, the exclusive right to their copy night {33). respective writings and discoveries." Under the Confederation, the power did not belong to Congress to make provisions for patent and copy rights. From the very nature and character of the interest, these rights could not be protected by the several States to authors and inventors; for State legislation could not afford the necessary protection to authors, as their legis- lation could only cover their own respective territorial boundaries. A copyright may be secured to authors for books, maps, charts, musical compositions, cuts and engravings, or for any other literary and scientific productions. The copy- right extends for twenty-eight years ; and if, at the end of that time, the author is still living, he may obtain its exten- sion for twenty-eight years longer; or, if dead, his hving representatives may obtain its extension; making, in all, fifty-six years. The expense of securing a copyright is but a trifle, — only about a dollar. When procured, it insures to the author during its continuance a monopoly of the publica- tion and sale of his work. Any one desiring to secure a copyright should write to the librarian of Congress for a circular of instructions ; and he will receive one, without charge, by early mail. Fatents are issued by the Patent Office at Washington, 1 2b CIVIL GOVERNMENT. giving the inventor of any new and useful machine, instru- ment, manufacture, or composition of matter, or any new and useful improvement of them, the monopoly in their manufacture and sale for the term of seventeen years. This patent right is secured to the inventor by the issue of what are called letters patent. To obtain letters patent, the applicant must make a distinct specification, giving a full and complete description of his invention ; and in cjases admitting of drawings, these must be made, and all deposited with the commissioner of patents. Sometimes a model also is required. The Patent Office belongs to the Department of the Interior. Letters patent cost the patentee thirty-five dollars, fifteen of which must accompany the application. The further sum of twenty dollars must be paid on their issue. The fifteen dollars that accompany the application will not be refunded should letters patent be refused, but will be retained to pay for making search through the Patent Office to ascertain whether there is not some conflicting patent already in existence. Circulars may be obtained, without charge,, giving full information on this subject, by addressing the Patent Office, requesting them to be forwarded by mail. Questions. 37. Why should not the postal system be committed to the States? 38. Why should it be committed to Congress? 39. Under whose immediate care is the Post Office Department? 40. How are postmasters appointed? 41. What were former rates of postage? 42. What changes have taken place in them? 43. How many post offices in the United States ? 44. What is a post road ? 45. How are the roads established? 46. By whom are the mails carried, and how are the contracts let ? POWERS OF CONGRESS. I27 47. What does the Constitution say about patent and copy rights! 48. Why might not this subject be left with the several States? 49. How long does a copyright continue? 50. What is the expense of obtaining it ? 51. What is a patent right? 52. What are the steps necessary to secure it? 53. What is the expense of letters patent? 54. How long does a patent continue ? LESSON XXXII. — POWERS OF CONGRESS, Continued, A declaration of war is a solemn, formal, and delibera tive notice to all the world in general, and particularly to the citizens of both nations J^^'^^avL involved, that hostilities actually exist, or tion {36). are about to commence. The power to declare war is one of the ordinary prerog- atives of sovereignty. As we have no person in this country whom we acknowledge as sovereign, of course there is no one who has the authority to declare war. In this country the will of the people, when clearly known, whether exercised by direct vote or through the indirect forms of legislation, is the only sovereign to which the American people pay homage. Could that will be definitely ascertained without delay, the power to declare war should be vested in the people, to be ascertained by direct vote. But this is utterly impracticable : hence the war power is vested in Congress, that being the represen- tative body of the whole nation. When a formal and solemn declaration of war has been made by Congress, peace can be secured only through the negotiations of ambassadors or ministers representing the contending powers. After the ministerial or ambassadorial 128 CIVIL GOVERNMENT. conference has agreed on the terms of peace, the power to accept or reject those terms on the part of the United States belongs to the President and Senate. It requires a concurrence of two thirds of the senators present to con- clude a treaty of peace. The power to grant letters of marque and reprisal also belongs to Congress. These are sometimes issued by the fdo Marque and Re- government to prevent the necessity of a prisai(36). declaration of war. This may be done when the subjects of one nation have been injured or oppressed by another nation that refuses to grant indem- nity for the injury. Letters of marque signify a license from the government to pass beyond the limits or jurisdiction of one's own coun- try ; and reprisal signifies a taking in return. Letters of marque and reprisal are a commission from the government authorizing the bearer to pass beyond the boundaries of his own country for the purpose of capturing prizes of the enemy, consisting of their persons or goods. In case it so happens in their conflicts that they are taken prisoners, the letters of marque and reprisal from their government indicate to the captors that they shall be treated as prisoners of war ; and that, in case they should be treated otherwise, their government would re- taliate. But it is necessary that rules should be adopted concern- ing captures made, whether on land or water. Congress is authorized by the Constitution to make 3. Captures {36). \ these rules, which, when made, become laws the same as any other laws ; and, for the purpose of enforcing them, courts of admiralty have been established, whose business it is to inquire into the legality of the course pursued in taking these prizes. The remedy for illegal acts of capture is by the institu- POWERS OF CONGRESS. 1 29 tion of proper prize proceedings in the prize courts of the captors. The other war powers vested in Congress would be ut- terly useless without the power to raise and support armies. The Constitution says that Congress , ^4. Armies (37). shall have power to raise and support armies, but that no appropriation of money to that use shall be for a longer term than two years. The army is created by enlistments under the acts cf Congress. The enlistment is for five years in the Regular Army. In time of war volunteers are enlisted for shorter terms. Congress has the power to provide and maintain a navy. The navy consists of the entire number of ships of war^ considered collectively, belonging to a ^ ^^ ■" . ^ * 5. Navy {38), nation or people. A navy is necessary for the protection of our fisheries, commerce, and navigation. We need it not only on the ocean, but also on our lakes and on several of our rivers, and this even in time of peace. But in time of war a navy becomes indispensable to a people whose geographical position is like ours. Without it, the necessary protection could not be afforded to the great commercial cities on our seaboard. Should an invad- ing army obtain possession of these, they could demand contributions without stint or limit. Questions. 55. What is a declaration of war? 56. What is the sovereign power in this country? 57. In whom is the power to declare war vested ? 58. After a declaration of war, how can the terms cf peace be settled? 59. What are letters of marque and reprisal ? 130 CIVIL GOVERNMENT. 60. What protection do letters of marque and reprisal afford ? 61. What power decides on the legality of captures? 62. Who makes the rules concerning captures, and whose busi- ness is it to see that these rules are enforced ? 63. What is the remedy for illegal captures made either on the land or on the water ? 64. What does the Constitution say about the power to raise and support armies? 65. How is the Regular Army created, and how long is the term of enlistment in the same ? 66. What is the navy, and in whom is the power vested to provide and maintain the same ? 67. What is the necessity of a navy, and when is one indispensa- ble to a people whose geographical position is like ours ? LESSON XXXIIL— POWERS OF CONGRESS, Continued. By the Constitution, Congress has power to make rules 6 Rules —Land ^^^ ^^^ government and regulation of the and Naval land and naval forces. Forces {39), Nothing need be said to indicate the policy and necessity of vesting in Congress the power to make rules for the government and regulation of the land and naval forces. It naturally follows the power to raise and support armies, and to provide and maintain a navy. Congress is authorized by the Constitution " to provide for organizing, arming, and disciplining the militia, and for 7 Militia govemiug such part of them as may be (a) General employed in the service of the United Control (41). g^^^-gg^ reserving to the States respectively the appointment of the officers, and the authority of train- ing the militia according to the discipline prescribed by Congress." POWERS OF CONGRESS. I3I The country could not safely rely solely on its standing anny for any and every emergency that might arise. The Constitution, therefore, gives Congress jurisdiction over the militia of the several States, and this power of provid- ing for organizing, arming, and disciplining them, as incidental to that jurisdiction. Congress is authorized also to make provision for gov- erning such part of the militia as may be employed in the service of the United States. Rigid discipline and gov- ernment have always been found necessary in the army, whether constituted of regulars or militia. This govern- ment must be uniform to be salutary. To be uniform, it must emanate from a single source. (6) caiung There are three purposes for which Con- ^ortJi (40). gress may make provision for calling forth the militia : — ist, To execute the laws of the Union. 2d, To suppress insurrections. 3d, To repel invasions. The nation must have the means of maintaining its authority at home, as well as of carrying on a foreign war. It is not according to the policy of our government to maintain a standing army sufficient to answer all of these purposes,, The organization of the militia is maintained at an expense comparatively trifling, when the advantages to the country are considered. It saves the immense cost of a large standing army in time of peace. The standing army of the United States has usually numbered less than thirty thousand. The standing armies of the European nations are much larger. The British army numbers about two hundred thousand men ; the Austrian army, about three hundred thousand men ; and the Russian army numbers about eight hundred thousand men. 132 CIVIL GOVERNMENl. The organization of the militia system in this country is preferred for the following reasons : — ist, It is far more economical, as it costs but little to maintain it in time of peace. 2d, In time of war, after an experience of a few months in the field, they have proved themselves to be orderly and courageous to the last degree. 3d, The militia constitute a standing and reserved force, subject to the call of the President of the United States under the laws of Congress. The laws enacted by Congress define the emergencies under which the President of the United States is author- ized to bring into action this branch of our service. . When called into the service of the United States, the President of the United States is commander-in-chief oi the militia of the several States, as well as of the standing army of the nation. Questions. 680 According to the Constitution, what power has Congress re- garding the government and regulation of the land and naval forces ? 69. What power has Congress over the militia, and why the neces- sity of this power? 70. For what purposes may Congress provide for calling forth the militia? 71. What are the advantages of the militia system ? 72. What is the number of our army as compared with some Eu- ropean armies ? 73. Why is the organizatioi> of the militia system preferred in this country ? POWERS OF CONGRESS. 133 LESSON XXXIV. — POWERS OF CONGRESS, Continued. The Constitution establishes a Supreme Court, but it is left with Congress to organize that tribunal. The power is vested in Congress to establish tribunals yiii. judiciary. inferior to the Supreme Court ; and, as i. inferior Tri- these tribunals constitute a part of the ****" * national judiciary, they will be considered in the chapter relating to that department of the government. These in- ferior tribunals consist of circuit and district courts. Congress has the power to determine by law where the trials of crimes shall be held which are not committed within any State. Crimes committed within ^^ piace of any State are to be tried in the State where Trial (71). they are committed, yet they may be committed on the high seas, or within the limits of unorganized territories. This clause of the Constitution gives Congress the power to provide for such cases. The appellate jurisdiction of the Supreme Court is sub- ject to such exceptions and regulations 3. nestrictions as Congress shall from time to time estab- (^^)- lish by law. This power will be noticed in treating of the judiciary. Naturalization is that legal process by which an alien or a foreigner becomes a citizen of the United States. Con- gress has exclusive control over this sub- jx. Naturaiiza- ject. It can determine the forms and the tion (29). necessary steps to be adopted in the process, and the time within which it may be completed. An alien is one who is born in a foreign country, of foreign parentage. Children born in foreign countries, 134 CIVIL GOVERNMENT. of parents who are citizens of the United States absent from home on public business, are not ahens. Under the Confederation, each State determined for itself the conditions on which an alien might become a citizen of the United States. Some required a shorter, and others a longer, period of time. If New Jersey required one year for naturalization, and New York seven, the shortest way to become a citizen of New York would be through naturalization in New Jersey ; for a citizen of any State was a citizen of any other State in which he might become a resident. Congress, having control of this subject under the Con- stitution, passed a law, in 1790, requiring two years ; in 1795, five years; in 1798, fourteen years; and in 1802 that law was passed, which has been in force ever since, requiring five years to complete the process of naturaliza- tion. A soldier, having served one year in the United States Army, and having obtained an honorable discharge, may become a citizen of the United States on making oath to these facts, and taking the oath of allegiance to our govern- ment. With the above exception, five years is the shortest pos- sible time for naturalization. At least two years before final admission, the alien must make formal declaration of his in- tention to become a citizen. This he can do in any court having jurisdiction of the subject-matter. Not less than two nor more than seven years from the time of declaring his intention, he must again appear in court, and if found qualified, he will be permitted to take the oath of allegiance in the proper form, on which he is admitted to full citizenship. The applicant first makes and signs a petition stating his residence, age, etc., and declaring his intention to renounce all allegiance to foreign powers POWERS OF CONGRESS. 1 35 and to reside permanently in the United States. Ninety or more days later he and two citizen witnesses must be ex- amined by the court, and must prove that the applicant is of good character and has resided in the United States five years, and in the State or Territory where the court is held, one year. He must be able to speak English, unless he has made homestead entry upon public land. If the judge is satisfied on all these points, the applicant takes the proper oaths and is given a certificate of naturalization. When a foreigner becomes naturalized, his children under twenty-one years of age, if residents of the United States at the time, become citizens without further formality. If a foreigner makes his declaration of intention to become a citizen of the United States, and dies before the time to become naturalized, his wife and children may become citi- zens of the United States at that time, on taking the neces- sary oath. Questions. 74. What power has Congress over the courts ? 75. What power has Congress over places of trial ? 76. What is naturalization ? Tj. What power has Congress over this subject ? 78. What is an alien ? 79. How long does it take an alien to become a naturalized citizen of the United States ? 80. What is the process of naturalization, and what is the shortest possible time in which it may be completed ? 81. How does naturalization affect other persons of the same family ? 135 CIVIL GOVERNMENT. LESSON XXXV. — POWERS OF CONGRESS, Continued. Ownership of territory by any government implies the fight to govern it, and the right to govern implies the right J. Territortj. to make all needful rules and regulations 1. Government for that purpose. Hence this provision of ^^^^' the Constitution : " The Congress shall have power to dispose of and make all needful rules and regulations respecting the territory, or other property, be- longing to the United States." Since the close of the revolutionary war the General Government has acquired, by one means and another, a vast extent of territory beyond the limits of the original States. First, by the liberality of the States owning it, the General Government acquired that immense region known as the Northwestern Territory. This was before the adop- tion of the Constitution. Second, we acquired of France the Louisiana territory. Third, we purchased Florida of Spain. Fourth, we acquired Texas. Fifth, we obtained California, etc., of Mexico. Sixth, we purchased Alaska of the Russian Government. Seventh, we annexed the Hawaiian Islands. Eighth, we acquired Porto Rico and the Philippines. The extent of our territory now is over three times what it was at the adoption of the Constitution. Congress adopts the necessary rules and measures to govern all territory owned by the United States until such time as it is erected into independent States, and admitted into the Union. 2. Seat of Govern. The Constitutional provision gives Con- ment {42). gj-gss the pOWCr " To exercise exclusive legislation in all cases whatsoever. POWERS OF CONGRESS. I37 over such district, not exceeding ten miles square, as may, by cession of particular States and the acceptance of Con- gress, become the seat of the government of the United States." Under this clause. Judge Story says, the cession of the present District of Columbia was made by the States of Maryland and Virginia to the National Government ; and the present seat of the National Government was estab- lished at the city of Washington in 1800. That convenient spot was selected for this very purpose by the exalted patriot whose name it bears. The District of Columbia was a tract of land ten miles square, belonging partly to Maryland and partly to Vir- ginia. That part of it obtained from'Virginia was re-ceded to that State in 1846, so that now the District is confined to the Maryland side of the Potomac. Before the year 1800 the seat of government had been temporarily established at Philadelphia, Baltimore, Lan- caster, and several other places. On account of the fre- quent changes, the public suffered great inconvenience. The Congress has the same authority, by the Constitu- tion, " over all places purchased by consent of the Legis- latures of the States in which the same 3, pubUc worus shall be, for the erection of forts, maga- (4^). zines, arsenals, dock-yards, and other needful build- ings." Two steps are necessary to obtain a site for any of the foregoing purposes, — first, the consent of Congress ; and, second, the consent of the Legislature of the State in which the proposed site is. When the cession is made, the government comes into full possession, and then Congress may exercise over such place exclusive legisla- tion. Unless the State of which such purchase is made re- 138 CIVIL GOVERNMENT. serves the right, no legal State authority can be exercised in such places, even to the serving of writs of any kind, civil or criminal. But States usually make such reserva- tions, but for which these places might become retreats and asylums for fugitives from justice who may be guilty of crimes against State authority. Almost every State has more or less of these places within its limits subject to the jurisdiction of national authority. The power to dispose of the territory belonging to the United States has been discussed in another 4. Alienation (79). 1 1 r 1 ■, 1 place, and therefore need not be repeated here (see Townsend's Analysis of Civil Government). "New States may be admitted by the Congress into this Union." Under the Confederation, Canada might have s. New been admitted by " acceding to the Union, States {78). a^d joining in the measures of the United States J " but the admission of any other British province would have required the consent of nine States, and they never made application. No power except that just speci- fied was given to Congress in the Articles of Confederation to admit States into the Union. As there were immense tracts of vacant territory lying within the chartered limits of several of the States, the omission to confer this power on Congress was doubtless an oversight. This was a serious omission, as the events of our history since the adoption of the Constitution have proved. By the liberality of the States owning this territory, it was early ceded to, and became the common property of, the United States. These State cessions began with New S^ork in the year 1781, followed by Virginia, Massachu- setts, Connecticut, South Carolina, and North Carolina, at various dates, and closing with Georgia in the year 1802. POWERS OF CONGRESS. 139 Since that time, as already stated in another place in this work, we have, by purchase and treaty, added im- mensely to the territory of the United States. It was foreseen by the authors of the Constitution that this power to admit new States into the Union would soon become necessary, and it was accordingly vested in Con- gress. Under this provision, thirty-five States have been added to the American Union, making the total number forty-eight, occupying all the main body of the United States. Questions. 82. What does the ownership of territory by any government imply? 83. What territory did our government acquire before the adop- tion of the Constitution ? 84. What other territory has the General Government acquired since the close of the revolutionary war? 85. What is the present extent of our territory, and how much has it increased since the adoption of the Constitution? 86. What is the duty of Congress with reference to this vast terri- tory ? 87. What power does the Constitution give Congress over the District of Columbia? 88. Over what other places has Congress like authority? 89. How can these be obtained ? 90. What reservations do States usually make over these places, and why ? 91. What provisions did the Confederation make in regard to the admission of provinces or new States ? 92. At what dates did several of the States make cessions of territory to the United States? 93. How is the necessity of this power shown? Short. Civ. Gov.— 10 14© CIVIL GOVERNMENT. LESSON XXXVI. — POWERS OF CONGRESS, Continued. It is left with the States to fix the times, places, and manner of holding their elections of senators and rep- ^, „, , resentatives in Congress j but, should they ± Elections, neglect to do this. Congress has jurisdic- (a) Members of tion over the wholc subject, except as to ongress )o ^^^ places of choosing senators. Each State can consult its own local convenience with regard to these elections ; but it has no right to wholly neglect making the necessary provisions for holding them. Should it do so, and should other States follow the bad example, it is manifest that the affairs of government might suffer serious embarrassment, but for the provision giving Congress jurisdiction over the subject. It would be equivalent to a withdrawal of their representation from the national councils. This would be a violation of a fundamental principle of every sovereignty, which is an inherent right to provide for the perpetuity of its own existence. The power here given to Congress is simply discretionary, not mandatory ; and such a power must be vested some- where. It is primarily with the States, but ultimately with the National Legislature. Congress has provided for the election of members of the House of Representatives by congressional districts, and the day of their election is the same in nearly all the States. Congress has also exercised supervision to a limited extent over the manner of electing senators. The Constitution says, " The Congress may determine the time of choosing the electors, and the day on which POWERS OF CONGRESS. I4I they shall give their votes, which day shall be the same throughout the United States." (6) Presidential Jan. 23, 1845, Congress passed an act Electors (58). specifying that electors should be elected the Tuesday next after the first Monday in the month of November of the year in which they are to be chosen. The second Monday in January after their election is, by law of Congress, the day fixed on which the electors shall give their votes. Each State fixes by law the place where these votes shall be given, and they have generally designated the State Capitol. The Constitution says with reference to State records, " Full faith and credit shall be given in each State to the public acts, records, and judicial proceed-^ state Mecoras. ings of every other State ; and the Con- gress may, by general laws, prescribe the manner in which such acts, records, and proceedings shall be proved, and the effect thereof." Under a clause of the Constitution, when a judgment is rendered by any State court in proper form, from which no appeal has been taken to any higher (a) Method of court within the time allowed for appeals, ^^'o^^'^sr i74). that judgment is conclusive ever after, between the parties to it, as to the matters in controversy. That judgment will be received in evidence when offered in any other court within the limits of the State within which it was rendered. Under this power, Congress has passed laws defining the manner in which they shall be authenticated, and the effect to be given to their authenticity. Congress has declared that they shall have such faith given to them in every court within the (5) Effect of United States as they have by law or usage ^''''^^ (^^>- in the courts of the State from which the records are taken. The effect, therefore, of the proof is this : that a judg- 142 CIVIL GOVERNMENT. ment obtained in a court of competent jurisdiction in one State is valid in every other State in the Union. By the Constitution, States are prohibited from laying 3. Imposts and any imposts or duties on imports or exports Duties (S3), without the consent of Congress, except what may be necessary for the execution of their inspec- tion laws. If States should attempt to lay burdensome inspection duties, Congress has the power to pass acts of revision, and, in case it becomes necessary, to control the whole subject. The subject of imposts and duties, we have seen, is exclusively under the control of Congress; and, should a State attempt by some indirect method to lay duties or imposts. Congress has the higher right to control and revise its legislation. If the office of President of the United States is vacated, by death or otherwise, the powers and duties of that office XII. Executive devolve on the Vice-President ; but it is Vacancy {60). possible that both the President and Vice- President might be removed from office, and the Constitu- tion therefore provides for such a possibility in the follow- ing language : — " The Congress may by law provide for the case of removal, death, resignation, or inability, both of the Presi- dent 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." Under this provision of the Constitution, Congress has provided by law that the secretary of state, and after him the heads of the other executive departments in a specified order, shall succeed to the duties of the President until ^he disability be removed or a President shall be elected ; POWERS OF CONGRESS. 143 but such officer must be constitutionally eligible to the presidency, and not under impeachment. Questions. 94. What power has Congress over State elections of members? 95. What is the duty of States as to these elections? 96. How has Congress provided for the election of representatives ? 97. What authority has Congress over the election of presidential electors ? 98. When must electors be elected, and when give their votes? 99. What does the Constitution say of State records ? 100. What laws has Congress passed on this subject ? loi. What is the effect of judgments ? 102. What power has Congress over the laws of States in regard to imposts and duties? 103. What power has Congress over the power of Executive va canc)'^ ? 104. What law has Congress passed on the subject? LESSON XXXVII. ~ POWERS OF CONGRESS, Continued^ The Constitution says, "The Congress may by law vest the appointment of such inferior offi- xiii. Appoint ■ cers as they think proper in the President tnents (64). alone, in the courts of law, or in the heads of departments." These appointments are restricted to inferior officers. The Constitution does not say who are such : it is there- fore left to Congress to define this class. Neither the heads of departments, nor the judges of courts, nor am- bassadors to foreign countries, are inferior officers. They doubtless include clerks of departments, clerks of court, and some other officers. Congress has no power to alter or amend the Constitu- 144 CIVIL GOVERNMENT. tion j but they can take the initiatory steps. They can xir. constitu- submit propositions to the States for this tionai Amend- purpose whenever, in the estimation of two "*en s ( ). ^j^jj.(jg (jf ^j^g members of both Houses, amendments become necessary. If two thirds of both Houses deem it necessary that anj amendments should be made to the Constitution, the amendment proposed is drawn out in due form under the direction of Congress, and proposed to the Legislatures ol the several States for their ratification or rejection ; or the proposed amendments may be submitted to State conven- tions called for that purpose. Or on the application of the Legislatures of two thirds of the several States, made to Congress, it is the duty of that body to call a convention whose .business it shall be to propose amendments. It is further the duty of Congress, by whichever body the amendments shall be proposed, to declare whether they shall be submitted to State Legislatures or to State conventions. When these new amendments are ratified by the Legis- latures of three fourths of the States, or by conventions in three fourths thereof, they become, to all intents and purposes, part of the Constitution. Thus far, fifteen articles of amendment have been adopted. These have all originated with Congress, and have been ratified by State Legislatures. The Constitution, as it came from the hands of its authors in 1787, recognized slavery as a State institution. XV. Slavery {44), True, the word "slave," or "slavery," is (97)' not in the instrument. These words were carefully and intentionally omitted. In the Thirteenth Article of Amendment the word " slavery " appears for the first time in the Constitution, and POWERS OF CONGRESS. 145 that article abolishes the institution throughout the United States and their Territories. This amendment gives Congress legislative authority over the subject. As four or live millions of men, women, and children were suddenly transferred from slavery to freedom, it was presumed that national legislation would become necessary to protect them in their new condition. Congress has already exercised this power in the passage of several statutes on the subject. QUESTIONSo 105. In whom may Congress vest the appointment of inferior officers ? 106. What power has Congress over constitutional amendments? 107. When and how may it be exercised ? 108. How many amendments have been adopted ? 109. Where, and for what purpose, does the word " slavery " appear in the Constitution? LESSON XXXVIII. — POWERS OF CONGRESS. Continued. By the forty-third paragraph of the Constitution as num- bered in this work, which it is not necessary to repeat here, it will be seen that the whole subject of xyi. General lawmaking, for the purpose of carrying Xa^-^'^ingr (43). into effect the provisions of the Constitution, is vested in Congress. As it is impossible to specify in the fundamental law of a nation all the powers which at some time it may be indispensably necessary to exercise for the common good, this provision seems to be among the wisest to be found in the Constitution. 146 CIVIL GOVERNMENT, Had the attempt been made to enumerate affirmatively all laws necessary and proper which Congress might pass, it must have resulted in failure. An eminent jurist says it would have rendered necessary a complete digest of all laws on every subject to which the Constitution relates. It must have embraced all future as well as all present exigencies, and been accommodated to all times and all occasions, and all changes of situation and character. The Constitution says, " The Congress shall assemble xrii.Frequer.cy^^ ^^ast oncc In cvery year; and such and Time of meeting shall be on the first Monday in ee tng , j^Q^Q^nbeif unlcss they shall by law ap- point a different day." On extraordinary occasions the President of the United States may convene either or both Houses of Congress ; but a bad President might desire to have no Congress during his administration. In such case, there would be a practical demonstration of the necessity of the foregoing provision. Again : it seems necessary that the Constitution should contain some such provision, as otherwise the two Houses of Congress might not agree in reference to the time of assembling. By this provision, if they cannot agree on any other time, they must meet on the first Monday in December. ' The place of meeting is not designated, and probably for two reasons : firsts the seat of the National Government had not been established at the time when the Constitution was formed ; and, second,, war or pestilence might at times interfere with the meeting at any place that might be named in the Constitution. In England the sovereign convenes and dissolves Par- liament at pleasure. POWERS OF CONGRESS. 147 Questions. no. What power does the forty-third paragraph of the Constitution give to Congress over general lawmaking ? 111. How often and when must Congress meet ? 112. Why was it necessary that the Constitution should specify a time of meeting? 113. Why is not the place of meeting named ? BLACKBOARD EXERCISE. Lawmaking. First Process. I. Action in Congress ■ . m 2. Delivery to Executive . . . m 3. Executive Signature . • . . m Second Process. I. Action in Congress • • . . m) 2. Delivery to Executive • . . (^4) 3. Executive Veto . . . m 4. Record of Veto . . . m) 5. Reconsideration „ . . (u) 6. Approval by Congress . (U) 7. Method of Voting . . {U) 8. Record of Votes . . . m Third Process. I . Action in Congress . . . . {^4) 2. Delivery to Executive , ■ ■ (m 3. Executive Neglect . . (m 4. .5]^^^/ . . . . {101) 2. Enjoined ..... (^^-^) IX. Freedom. 1. Religious • • «. • • • (<^^) 2. CVz'// , o o c o o (8Q) CHAPTER XI V. LESSON XL. —PROHIBITIONS ON THE UNITED STATES. The Constitution says, "The privilege of the writ of habeas corpus shall not be suspended, unless when, in cases of rebellion or invasion, the public safety I. Sabeas Corpus, . . ,, may require it. The writ of habeas corpus is a writ of relief. A person may be wrongfully imprisoned before he is tried on the crime with which he is charged. He may be innocent or guilty; but, in either case, it may happen that he is re- strained without the proper forms of law, and without sufficient legal authority. This is a kind of intermediate writ or proceeding, under which the lawfulness of his imprisonment may be tested, between the moment of the prisoner's arrest and the time of final trial. Proceedings under this writ are not for the purpose of determining upon the guilt or innocence of the accused, but they are for the purpose of settling whether he is properly or improperly held for trial. Persons are sometimes unlawfully restrained of their liberty, though charged with no crime whatever \ as, im- properly holding a child in custody, or locking a person in a room. The privilege of this writ is the birthright of every American citizen. It is a kind of writ of inquiry ; and it 154 PROHIBITIONS ON THE UNITED STATES. 1 55 is the duty of every court of competent jurisdiction to issue it, on proper application. The only exceptions to this statement are those specified in the foregoing clause of the Constitution. If the court, on inquiry, decides that the prisoner is properly restrained, he is remanded to imprisonment ; but if the prisoner is improperly restrained, the court sets him at liberty. Rebellion here means open^ active hostility; and defiant opposition to the government. It is an uprising of a con- siderable portion of the citizens of a coun- 1. Mebellioti (45). try agamst its authority. In cases of re- bellion or invasion, it may be necessary to temporarily suspend the privilege of this writ. In such an emergency oftentimes the government knows not whom to trust. There may be well-known leaders of organized opposition, whose every act may be so veiled in secrecy as to defy de- tection. Clear and tangible proof of their guilt, perhaps, cannot be obtained, yet they are as well known to be se- cretly and earnestly opposed to the war measures of the government as though their hostility were of a more open and public character. If, on the arrest of such public en- emies, they could avail themselves of the writ of habeas corpus, it might defeat the very ends of justice, and render the government unable to protect itself. The power of suspension of the privilege of this writ was vested by Congress in the President of the United States during the civil war from 1861 to 1865. Invasion, as used in the Constitution, means the entry of a hostile force of a foreign nation into our territory. Under such a condition of things, the sus- , r 1 • . ^' I't^'vasion (45). pension of the privilege of this writ may be as necessary to the welfare of the government as in cases of rebellion. Short Civ. Gov.— 11. 156 CIVIL GOVERNMENT. The Constitution says, " No tax or duty shall be laid on II. Export articles exported from any State." Duties (48). The intention of this prohibition is to prevent taxing the interests of any State to its detriment, and giving undue advantages to others. The productions of some of the States are very different from those of others; and, were export duties allowed to be enforced, the burden of taxation would be as unequal as the exports. It would be impossible to so adjust export duties, were they allowed, as to distribute the burdens equally. Questions. 1. Recite the forty-fifth paragraph of the Constitution. 2. Give a full explanation of a writ of habeas corpus. 3. Under this writ, what is done by the court if the prisoner is improperly restrained? 4. What if properly restrained? 5. What is rebellion ? 6. When and why may the privilege of this writ be suspended ? 7. Who may suspend the privileges of this writ? 8. What does invasion here signify ? 9. What does the Constitution say about export duties? 10. What is the intention of this prohibition ? 11. What is said about State productions? LESSON XLI. — PROHIBITIONS, Continued, The Constitution says, " No preference shall be given, III. Interstate by any regulation of commerce or revenue, Commerce (49). ^o 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." Although the power to regulate commerce among the States is vested in Congress, yet that power is coupled with these Constitutional prohibitions : no preference shall PROHIBITIONS ON THE UNITED STATES. 1 57 be given to the ports of one State over another ; nor shall entrance or clearance fees, or the payment of duties, be required in an intermediate State while vessels are passing from one State to another. A vessel bound to Philadelphia from Liverpool, in pass- ing Boston or New York, cannot be compelled to enter, clear, or pay duties in either of the last two ports named. The duties must be paid in Philadelphia, the port to which the vessel is bound. The Constitution says, " No money shall be drawn from the treasury but in consequence of appro- jr. rubUc priations made by law ; and a regular M»ney. statement and account of the receipts and expenditures of all public money shall be published from time to time." " No appropriation of money to that use (to raise and support armies) shall be for a longer term than two years." The object of this provision is to secure strict faithful- ness in the public expenditures. Neither the Executive, nor the iudiciary, nor the heads of depart- ■' •" ^ 1. Drawing (50). ments, nor even members of Congress themselves, can draw a dollar of the public money except by appropriations made by law. This provision puts a salutary check on the possible profusion and extravagance of the National Legislature. The people have the right to know how, 2. Published and for what purposes, their money is ex- statement (50). pended. The heads of the departments must make an annual exhibit of their transactions respectively. The fear that the army might possibly become a power too formidable to be consistent with the rights and liberties of the people led to this constitutional lim- 3. For Armies. itation of army appropriations. Lest Con- ^^'^* gress may be extravagant in this direction, or the adminis- tration acquire too much power over the army, they are 15^ CIVIL GOVERNMENT. forbidden to make appropriations extending beyond the period of two years. A Congress lasts for but two years ; and, should they be profuse in their appropriations of army money, the people will be likely to correct the error in their election of the succeeding Congress. The Constitution says, "No title of nobility shall be granted by the United States." The government instituted in this country at the close of the revolutionary war, and which took definite form in the Constitution of the United States, was in- F. Nobility {51). . tended to be characterized for republican simplicity. The theory of our institutions is, all citizens are equal before the law. Orders of nobility are forbidden in accordance with this theory. The Constitution says, " No bill of attainder or ex post facto law shall be passed." A bill of attainder, which is here forbidden, is a phrase borrowed from England, It is a special act of the legis- VI. Penalties, ^^^ive body, inflicting capital punishment 1. Bill of Jit- on a person for high crimes, without having tainder {4G). ^^^^ ^^^^ convicted before a court of law. This kind of proceeding was very common in England two or three hundred years ago. A person against whom such an act was passed was said to be attainted and outlawed. The victim's blood became so corrupted, that he could neither inherit anything from his ancestry, nor transmit by hereditary descent to his heirs. All his property, real and personal, was forfeited to the crown. An ex post facto law is one that is retroactive, and which 2. lEac post facto makes an act criminal which was not crim- Law (46). jj^a] when committed ; or it increases the severity of the punishment which attached to the crime when PROHIBITIONS ON THE UNITED STATES. 1 59 it was committed. Both the United States and the several States are forbidden by the Constitution to pass such a law. The Constitution says, " No attainder of treason shall work corruption of blood, or forfeiture, except during the life of the person at- ' j,^.eason {73). tainted." Treason is defined by the Constitution ; but its punish- ment, by Congress. But this clause of the Constitution defines what penalties shall not attach to this crime. By the laws of England, treason was punishable by death in many horrid forms ; but the penalty was not limited to the death of the victim. By fiction of law, his blood became so corrupted that all powers of transmission of property to his kindred were destroyed. But our Constitution forbids the punishment of the innocent for the crimes of the guilty. In affirmance of this clause of the Constitution, Con- gress has passed laws strictly limiting the punishment to the party convicted, so that in no legal sense can it reach his posterity. Questions. 12. What does the forty-ninth paragraph of the Constitution say? 13. What is said concerning the payment of duties at interme- diate ports ? 14. What restrictions does the Constitution impose in regard to the disbursement of public money? 15. What is the object of this provision? 16. What is said in regard to published statements? 17. By whom are the statements published ? 18. What is said in relation to the appropriations by Congress for armies ? l6o CIVIL GOVERNMENT. 19. Why is the appropriation of money limited to a term of two years ? 20. What does the Constitution say in relation to titles of no- bility? 21. What is the theory of our government concerning titles of nobility? 22. What is said concerning bills of attainder and ex post facto laws? 23. What are they? 24. What was the consequence of a bill of attainder in Eng- land ? 25. What does the Constitution say in regard to attainder of treason ? 26. Who declares the punishment for treason ? LESSON XLIL — PROHIBITIONS, Continued. As slavery and the slave trade are entirely abolished, the clauses of the original Constitution relating to the slave Yii Foreign trade have long since become obsolete. Slave Trade They are inserted here merely as matter of history, and not as of present binding obligation. The following are the only clauses that refer to this subject: "The migration or importation of such persons as any of the States now existing shall think proper to admit shall not be prohibited by the Congress prior to the year one thousand eight hundred and eight j but a tax or duty may be imposed on such importation, not exceeding ten dollars for each person. " There is another clause in Article V. of the Constitution which prohibits any amendment to the foregoing clause prior to the year one thousand eight hundred and eight. The student will find it in the eighty-first paragraph. After prescribing the manner in which the Constitution may be amended, it contains the following restriction, which refers to the clause just given in full. PROHIBITIONS ON THE UNITED STATES. l6l '* 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." The word " persons " in the first foregoing quotation from the Constitution is but another word for "slaves." At the time of the adoption of the Constitution, slaves were held by authority of law in every State excepting Massachusetts ; and the slave trade, that is, importing negroes from Africa, was sanctioned by all, or nearly all, the nations of Christendom. But towards the close of the eighteenth century the slave trade began to excite a spirit of disapprobation ; and the conviction fastened itself on the consciences of men, that this traffic in human beings was repugnant to the princi- ples of Christian obligation. Many of the great and good men who formed the Constitution of the United States shared in this conviction. Hence the foundation was laid in our Constitution, in the clause just given, by which the legality of the African slave trade was to end in this country with the dawn of the year 1808. By Act of March 2, 1807, Congress prohibited, under severe penalties, the importation of slaves into the United States from and after Jan. i, 1808. In 18 18 another act was passed, making the penalties more severe ; and in 1820 Congress defined the slave trade to be piracy, and attached to it the penalty of death. On the i8th of December, 1865, William H. Seward, sec- retary of state, officially announced to the country that the Thirteenth Article of Amendment had been ratified by the Legislatures of three fourths of the several States, and had become, to all intents and purposes, a part of the Constitu- tion of the United States. t62 civil government. By that article, slavery was abolished throughout the United States, and in all places subject to their jurisdic- tion. Questions. 27. What is said about slavery and the slave trade? 28. In what year was the slave trade abolished by Congress, and what penalty was attached to it by Congress in the year 1820? 29. When was slavery abolished in the United States and in places subject to their jurisdiction? LESSON XLIIL — PROHIBITIONS, Continued, The following is found in Paragraph (79) of the Consti- tution : " Nothing in this Constitution shall be so construed VIII. Bepudia- ^^ ^o prejudice any claims of the United tion. States or of any particular State." 1. Forbidden, _,, . . . , • 1 • i 1 (a) land Claims This IS a part of a clausc in which the (^^)* authority is given to Congress to dispose of territory belonging to the United States. This provision relates to conflicting claims and unsettled titles to some parts of the Western Territory. The intention of this clause is to give assurance that the adoption of the Consti- tution of the United States shall in no way affect the validity of any claims to these lands, but that the rights of parties interested shall be the same as they were under the Confederation. On the matter of repudiating contracts existing under the Confederation, the language of the Constitution is thus : (&) Contracts " All debts Contracted, and engagements {79). entered into, before the adoption of this Constitution, shall be as valid against the United States, under this Constitution, as under the Confederation." PROHIBITIONS ON THE UNITED STATES. 1(63 This clause is intended to give assurance to the creditors of the proposed new government that all just claims against the Confederation will be recognized and liquidated under the Constitution. This is in accordance with well-settled law, binding on all nations, notwithstanding any changes in their forms of government. The Constitution says, " The validity of the public debt of the United States authorized by law, including debts incurred for payment of pensions and boun- .. r • • • • i' (c) Public Debt ties lor services in suppressing insurrection aoi^ and rebellion, shall not be questioned." The Constitution says, " Neither the United States, nor any State, shall assume or pay any debt or obligation in- curred in aid of insurrection or rebellion against the United States, or any claim for * ,^q*^>^^ the loss or emancipation of any slave." The repudiation here enjoined, if such it is, was made a part of the Fourteenth Article of Amendment so as to pre- vent all future Congresses and State Legislatures from making any attempt to legalize any State or individual contracts, express or implied, assumed in the interest of the Confederate cause. Hundreds of millions of obligations of this character were contracted by the Southern Confederacy, and by several of the States that espoused the cause of opposition to the United States. This clause operates as a severe pecuniary penalty upon those who had such faith in the success of the insurrection as to induce them to invest their means in Confederate bills and bonds. It is also intended to operate as a premium for allegiance to the government and authority of the United States. It secures this end by exonerating debtors from all debts and obligations incurred in aid of the lost cause. 164 CIVIL GOVERNMENT. No judicial tribunal, State or National, has power to render judgment in favor of parties seeking to enforce such demands. The Constitution says, " No religious test shall ever be •JX Religious required as a qualification to any office etnd Civil or public trust under the United States. " om ( ). ^^ ^Qj^gj-ggg shall make no law respecting an establishment of religion, or prohibiting the free exer- cise thereof.'^ In Paragraph (86) of the Constitution, Congress is ex- pressly forbidden to pass any law abridging the freedom of speech or of the press. But this does not exonerate from personal and pecuniary responsibility any person who may speak slanderous words, or publish libelous matter against the fair fame of another. The law holds every man strictly amenable for the abuse of this freedom of speech and of the press. If men will slander and libel others, the law says they must pay for it. In the same paragraph of the Constitution, Congress is forbidden to pass any law denying the right of the people peaceably to assemble and to petition the government for a redress of grievances. This is what is called the right of petition. The Constitution says, " 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." This paragraph of the Constitution refers to an organi- zation of the militia of the States. Fears have been expressed that the liberty of the people might be de- stroyed by the perverted power of a formidable standing army. The militia, that might be called out at any time on a month's notice, would outnumber, twenty to one, any standing army in time of peace that will ever be tolerated in the United States. PROHIBITIONS ON THE UNITED STATES. 1 65 Questions. 30. What are the clauses in the Constitution in reference to repu- diation ? 31. What is the language of the Constitution enjoining repudiation ? 32. Why is this repudiation enjoined ? 33. What does the Constitution say about religious freedom ? 34. What does the Constitution say about freedom of speech and of the press, and of the right of petition ? 35. What does it say about the right to bear arms ? 36. To what does this refer? 37. What IS the utility of the militia system ? BLACKBOARD EXERCISE. Rights of States. I. Representation, 1. House o (S) 2. Senate ..... o . (5*) II. Privileges of Citizenship , . • ij^^t (^^) III. State Ai?iity (V/) IV. New States. 1. By Dismemberment .... (76*) 2. ^_y y unction ..... (7<^) V. Election . . . . . , • (15) VI. Militia. 1. Militia Officers ..... (4-/) 2. Training Militia . . . . (^i) VJI. Federal Protection. 1. Government . . . . , (omicile. the consent of the owner ; nor in time of war but in a manner to be prescribed by law." The place most sacred to every citizen is that one which he calls his home. The enjoyment of it, uninterrupted, is among the most sacred of personal ris^hts. , . , . . ^ i.In Peace {88). Arbitrary rulers, even m time of peace, are prone to trespass on this right, and in the very mode here forbidden. A man's house is his castle, and in every land of law and order it is the owner's right that it should be pro- tected. But the necessities of war may sometimes require the sacrifice of private property and individual rights for the public good. In such cases, under our . . ^ 2. In War (88). Constitution, just compensation must be made for the sacrifice of private property. In time of war it may become a public necessity not only to quarter troops in private houses, but to convert churches, court- houses, and other public buildings, into barracks and hos- pitals But invasion of private property must, under our gov- ernment, be strictly according to law. This would not be regarded as an encroachment, however, by any patriotic 1189 I go CIVIL GOVERNMENT. or reasonable man, but rather as cause for gratitude to his country. The Constitution says, "The right of the people to be secure in their persons, houses, papers, and effects, against jj. Searches antf unreasonable searches and seizures, shall Seizures (89). not be violated j and no warrants shall issue but upon probable cause, supported by oath or affir- mation, and particularly describing the place to be searched, and the persons or things to be seized." This provision requires no explanation. It is an affirm- ance of a well-known principle of common law, recognized for ages. But it had been so frequently and so shamefully violated by despotic rulers for centuries, that our fathers thought it prudent to incorporate it among the earlier amendments to the Constitution. Questions. I. What does the Constitution say about quartering soldiers in private houses ? 3. What is said about the personal rights of a citizen in reference to his home, and what about arbitrary rulers? 3. What do the necessities of war sometimes require for the pub- lic good ? 4. What is said about compensation for the sacrifice of private property? 5. What is said in relation to unreasonable searches and seiz- ures? 6. What does the Constitution say are the conditions necessary to the issue of warrants ? 7. What is said of this provision ? PERSONAL RIGHTS. 191 LESSON LII. — PERSONAL RIGHTS, Continued. The Constitution says, "No person shall be held to answer for a capital or otherwise infamous crime, unless on apresentment or indictment of a grand jury, ^ w • i 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 offense, 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 compensa- tion." A capital crime is one that subjects the offender to the penalty of death. i. indictment An infamous crime is one that exposes (^^)- the criminal to the abhorrence and detestation of mankind, and to ignominious punishment more or less severe. An indictment is a written accusation or a formal charge made against a person for the commission of a crime, and is made by a grand jury on oath. A grand jury generally consists of twenty-three men. It requires a majority to find an indictment. They sit under the direction of court with closed doors, and are sworn to secrecy in regard to their proceedings. The prosecuting attorney, being the law officer for the State, draws up the indictment according to the forms of law. The foreman of the grand jury indorses on it the words, " A true bill," and signs his name under the indorsement. This must be done before the accused can be put on his trial. Crimes committed in the army or navy, or in the militia, when in actual service in time of war or public danger, 192 CIVIL GOVERNMENT. are tried by court-martial or by military commission, without going through with the formalities of an indict- ment. The Constitution says, " Nor shall any person be sub- 2. Second Trial ject, for the same offense, to be twice put (90), in jeopardy of life or limb." This refers to second trials for the same crime. By the authority of this clause, no person having been once tried for a crime, whether found guilty or not guilty, if the jury agree or a verdict at all, can be put on his trial a second time for the same offense. But this statement must be taken with the qualification that the accused does not himself apply for a new trial. The Constitution says, " Nor be deprived of life, liberty, 3. Life, Liberty, o^ property, without due process of law." and Property The first object of human government is protection of the citizen. This clause is inserted for the purpose of giving assurance that life, lib- erty, and property shall be held sacred in the eye of the law, and that the citizen shall not be deprived of either ex- cept through all the forms and substance of the regular administration of justice. On the other hand, the public good, which is paramount to private interest, often requires the appropriation of pri- 4, Private Prop- vatc property for the ends of government, erty (90). or for the greater good of the greater num- ber. Where the public interests require it, private property may be taken by rendering a just compensation to the owner of the same. What is just compensation in such cases is to be ascer- tained by such process of investigation as shall be fixed by law. It may be necessary to project a railroad, a military road, or to construct a canal ; or it may become necessary to appropriate private property for the support of an army. PERSONAL RIGHTS. 193 This may be done by authority of law, but not without just compensation to the owner of the property. Questions. 8„ Will you recite the Fifth Article of Amendment to the Consti- tution? g. What is a capital, and what an infamous, crime? 10. What is an indictment? 11. What is a grand jury ? 12. What is said about their proceedings? 13. What is said about the trial of crimes committed in the army, navy, and militia? 14. What is said about second trials ? 15. What is the first object of government? 16. Why is this clause in regard to life, liberty, etc,, inserted in the Constitution? 17. What does the public good often require? 180 What is said about compensation for private property? LESSON LIIL — PERSONAL RIGHTS, Continued, The Constitution says, " In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial by an impartial jury of the State and dis- ^^ crintinni trict wherein the crime shall have been Actions. committed, which district shall have been i- Accusation previously ascertained by law, and to be informed of the nature and cause of the accusation, to be confronted with the witnesses against him, to have com- pulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense." We have here an outline of the rights of a party on trial for a criminal offense. In the first place, he is to be informed of the nature and cause of the accusation 194 CIVIL GOVERNMENT. against him. This appears in the indictment, which is a written accusation made by the grand jury, on oath, at the suit of the government. The indictment must charge the time, place, and nature and circumstances of the offense with clearness and cer- tainty ; giving the accused full and definite notice of the charge, so that he may make his defense with all reason- able knowledge, and to the best of his ability. The trial is by jury. This is a petit jury, consisting of twelve good and lawful men, against whom, and each of whom, no valid and lesral obiection can be 2. Jury Trial {91). . , raised. This jury must be impartial ; that is, it must be constituted of persons who have not already made up their minds on the guilt or innocence of the party accused. The jury shall be selected from the State and district in which the crime shall have been committed ; and the district shall have been previously ascertained, that is, determined by law. The selection of the jury from the State and district in which the crime is committed is supposed to secure fairness and impartiality on the trial. By our Constitution, a man cannot be compelled to tes- tify against himself; and this is in affirmance of a well- 3. Witnesses Settled principle of common law. (90) (91). jt ig Yirell known that in some countries criminals are not only compelled to give evidence against themselves, but are subjected to the rack or torture in order to procure a confession of guilt, presuming that innocence would vindicate itself by a stout resistance, or that guilt would make open confession. The accused has the right to compulsory process for obtaining witnesses in his favor. This is to secure impar- tiality of trial, and to give a fair opportunity of defense. This shall be done, if need be, at the expense of the gov- PERSONAL RIGHTS. 1 95 emment itself, though carrying on the prosecution against him. Not far back in English history, the prisoner at the bar was denied the privilege of calling witnesses to testify in his favor; but our Constitution makes wise provision against the possibility of such gross injustice. The accused shall also have the assistance of counsel for his defense. This means that he shall have a lawyer to assist him at the bar, to guard his rights, ' ° ^ / 4. Counsel (91)<, to defend him, to see that he has a fair trial, and to see also that no injustice is done him. If he is unable to employ counsel of his own selection, it is the duty of the court to appoint one or more for that purpose at the expense of the government : so careful is the law in this country of the rights of every American citizen. Excessive bail shall not be required. Bail here means a bond of surety in a sum of money signed by some re- sponsible person or persons, promising that the accused shall appear and stand his trial in court when called for, or, if he does not, that the sum of money named in the bond shall be paid. On fur- nishing such a bond, the person is at liberty to go at large until the day of trial. If no such bond be furnished, the accused will be shut up in jail, that his body may be held securely till the time of trial. Except in cases where the accused is charged with crime punishable by death, and a few others, he has a right to be discharged from custody, on giving the bail required by the court. This bail must not be excessive, but reasonable m. amount. But for this humane provision in our Constitu- tion, it might be required in a sum so large that a person of ordinary means would be unable to procure it. Should I9& CIVIL GOVERNMENT. a magistrate, under our Constitution, see fit to be thus cruel, the prisoner can obtain relief under the forms of law. Excessive fines are forbidden. A fine is a pecuniary penalty imposed by a court upon a per- 6. Fines (93). r . . \ rr son for a criminal offense, or transgres- sion of the lawo Nor shall cruel and unusual punishments be inflictedc This needs no comment, except the remark that history 7. Punish- shows that despots in the dark ages taxed fnents (93). their fiendish ingenuity to invent punish- ments the most horrid, cruel, and revolting; and this prohibition is for the purpose of avoiding all possibility of a repetition of such cruelties in this country, \ Questions. 19. Will you recite the Sixth Article of Amendment? 20. Of what is this an outline ? 21. What must the indictment charge ? 22. What is a petit jury ? 23. What is said about their being impartial ? 24. Where is the jury to be selected ? 25. What is required of witnesses in some countries? 26. To what has the accused a right ? 27. What is the object of this ? 28. Of what have prisoners in England been denied? 29 What is said about the assistance of counsel ? 30 What is bail, and what is said about it ? 31 In what cases may the prisoner give bail ? 32. Why should not the bail be excessive ? 33. What is said about fines? 34. What is a fine ? 35. What is said about punishments ? 36. What is the object of this provision of the Constitution r PERSONAL RIGHTSo I97 LESSON LIV. — PERSONAL RIGHTS, Continued. The Constitution says, " In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved ; and ,. ., , . no fact, tried by a jury, shall be otherwise reexamined in any court of the United States than accord- ing to the rules of the common law." Trial by jury has long been considered a sacred right even in civil controversies. In England ; 1. Jury Trial (92). this right was first recognized in the time of Alfred the Great, who established the proceeding in the ninth century. That noble ruler died in 901. The above amendment to the Constitution was early adopted to allay the fears of some of its opposers that that instrument substantially abolished the right of jury in civil cases. These fears were grounded in the fact that this right was expressly secured therein in criminal cases. The language of the amendment applies only to cases in the common-law courts, not to courts of admiralty and maritime jurisdiction, nor to cases of equity, in which the courts determine both the law and the fact. If the matter in controversy be less than twenty dollars, a jury trial cannot be claimed, being a matter of too little importance to warrant the expense of a jury trial. When a matter in controversy has once been judicially settled by a competent court, that adjudication is a bar to any further judicial examination or pro- 2. second ceedings, except according to the forms ^^"' ^^^^* and usages of the common law. There must be an end somewhere to human controversy, and that end must be determined by legal principles and usage. The rules of common law here spoken of, under which 198 CIVIL GOVERNMENT. matters of fact may be reexamined, refer to a continuation of the investigation by a successful motion for a new trial, on cause shown, or by writ of error, or by an appeal to another and higher tribunal. The parties have the right to exhaust all legal remedies before the controversy is to be considered as judicially settled ; but these remedies must be pursued according to common-law usage. Questions. 37. What is the Seventh Article of Amendment? 38. How is trial by jury considered ? 39. By whom and when was jury trial established in England ? 40. Why was this amendment to our Constitution adopted? 41. To what courts does it apply, and to what does it not ? 42. In what cases may jury trial be claimed? 43. What is said about second trial ? 44. To what do the rules of common law refer ? LESSON LV. — PERSONAL RIGHTS, Continued. The Constitution says, "Treason against the United Yi. Treason. States shall consist only in levying war 1, What is it? against them, or in adhering to their ene- ^^^^ mies, giving them aid and comfort." There are but two ways that treason can be committed against the United States, and these are defined with such precision as to leave no room for cavil or doubt. Levying war against the United States, or adhering to their enemies, giving them aid and comfort, is treason. Very early in our history the Supreme Court of the United States had occasion to define what is to be under- stood by the phrase "■ levying war," On that occasion the court said, " However flagitious may be the crime of con- PERSONAL RIGHTS. 199 spiring to subvert by force the government of our country, such conspiracy is not treason." To conspire to levy war, and actually to levy war, are distinct offenses. The second (levying war) must be brought into open action by the assemblage of men for a purpose treasonable in itself, or the fact of levying war can- not have been committed. The Constitution says, " No person shall be convicted of treason, unless on the testimony of two wit- 2. conviction nesses to the same overt act, or on con- /«»• ^'•^«*«- ^^^)- fession in open court." The Constitution is humane to the accused in requiring the strictest proof for the establishment of his guilt. There must be two witnesses, at least, to the same overt act, un- less the prisoner make confession in open court. Confes- sions out of court, though testified to by any number of witnesses, are not sufficient. There must, as there should, be a concurrence of two witnesses to the same overt act, that is, open act of treason, who are above all reasonable exception. Questions. 45. What is treason against the United States? 46. In how many ways can treason be committed ? 47. What decision has the Supreme Court given on the subject of " levying war" ? 48. What is necessary for a conviction of treason ? BLACKBOARD EXERCISE. Executive, I. In whom vested . . . . . • (55) II. Executive Term (55) III. Eligibility, 1. Citizenship . . • , . • (59) 2. Age . . . o , . . (59) 3. Residence o (59) IV, How elected. 1. Electors, (a) Appointment . . , , . (5^) (b) Number ..... (5^) (c) Proceedings. ist, Meeting o . . . (57) 2d, Voting (51) 2,d, Making Lists . » . (57) j\th, Signing -and certifying Lists , (57) ^ih, Transmitting Lists . . (57) 6th, Directing Lists . . . (57) (d) In Congress. ist, yoint Meeting . . . (57) 2d, Opening Certificates . , (57) 3^, Counting Votes . • . (57) 2. House of Representatives. (a) Quorum . . o . ^ (57) (b) Eligibility . . . • . (^7) (c) Voting, o . . , . (57) V. (9^//5 of Office .... = . (/5^) VI. How removable (^7) VII. Salary ...00,. (6i) 200 EXECUTIVE. 20I I. 2. VIII. Powers and Duties, Military. (a) Army and Navy (b) Militia Civil. (a) Departme7its (b) Reprieves and Pardons (c) Treaties (d) Appointments . 1st J General. (a) Diplomatic (b) jfudicial (c) Others . 2d, Special (e) Messages (f) Congress, ist, Convocation . 2^, Adjournment id, Veto (g) Reception , (h) Executor of the Laws , (i) Commissions ^ (63) , (63) , (63) (63) . (64) . (^^) . (66) . (66) . (66) {^Jf} (25) . (66) CHAPTER XIX. LESSON LVI. — EXECUTIVE. The Constitution says, "The executive power shall be I. Ih tehom vested in a President of the United States «Mfed (Jo). of America. " Under the Confederation, there was no such officer as a President of the United States. There was an Executive Committee of thirteen, one from each State, having no power except during the recess of Congress. Congress possessed the executive power while in session. Energy in the Executive is one indispensable character- istic in the definition of good government, for the duty of this department is to see that the laws are faithfully and promptly executed. A feeble Executive implies a feeble execution of the government. A feeble execution is but another phrase for a bad execution ; and a govern- ment ill executed, whatever it may be in theory, must be a bad government in practice. The convention that formed the Constitution deliberated some time on the question whether to place the executive power in the hands of one or of several individuals. It was believed by all that, in the hands of one, the executive power would be more prompt and energetic ; and this view settled the question. It is supposed to give a stronger sense ©f personal responsibility. ioi EXECUTIVE. 203 The Constitution says, " He shall hold his office during the term of four years." 11. Executive In the Constitutional Convention the ^^''"* ^■^'^■'• period for which the Executive should be elected was a subject on which there was much debate and difference of opinion. The several periods of one, two, three, four, six, and ten years, each had its advocates ; and some members were in favor of an Executive for life^. or during good behavior. Four years, the term finally adopted, was the result of compromise. The Executive term should not be so short as to give no opportunit}^ to test the utility of its measures ; nor, on the other hand, should it be so long as to allow a corrupt and obstinate Executive to afflict the countr}^ with perma- nent mischief and disaster. The presidential term commences on the fourth day of March next after the President's election ; and in case of his death, removal, or resignation during his term, the person who succeeds to the duties of the office ser\-es the unexpired portion of the term only. The first four years of the twentieth centui}', March 4, 190 1, to March 4, 1905, constitute the twenty-ninth presi- dential term since the adoption of our Constitution. The Constitution says, "No person, except a natural- bom citizen, or a citizen of the United States at the time of the adoption of this Constitution, shall be ^ m. Eligibility. eligible to the office of President; neither shall any person be eligible to that office who shall not have attained to the age of thirt\'-five years, and been four- teen years a resident within the United States." The Constitution requires that the Presi- ^ ^. . ^. ,_„ ^ , . 1. Citizenship {59), dent shall be a natural-born citizen of the United States, or a citizen at the time of the adoption of Short, Civ Got.— U 204 CIVIL GOVERNMENT. the Constitution. This is a necessary restriction, when we consider the sacredness of the trust committed to the charge of the Executive. Several of the sovereigns of Great Britain were persons of foreign birth. This qualification destroys any hopes that any intriguing foreigner might indulge of becoming the chief Executive of our Republic. But throughout the bloody struggle of the American revolution our fathers were greatly assisted by the aid of many citizens who were natives of other countries. It would have been ungenerous and ungrateful to have ex- cluded this class of citizens from all possibility of attaining to any office, however exalted, under a government which they had sacrificed so much to establish. But the clause giving eligibility to a citizen at the time of the adoption of our Constitution, though of foreign birth, has become practically obsolete by the lapse of time. The Executive is eligible to reelection without limita- tion ; but thus far in our history no Executive has been elected to the office beyond the close of his second term. The age required was regarded as necessary to give the candidate for this office sufficient time to demonstrate his character, and to enable his fellow-citizens 2 A.qe (59). to judge of his fitness for the high position of chief Executive of a great nation. The mental faculties are usually in full vigor at this age ; and opportunities must have been afforded for long public service, and for varied and large experience in the public councils. A residence of fourteen years within the United States is required. It might be presumed that long and continued residence abroad would create not only 3. Residence {59). . ,.„ r .^ a c > u* 4-U mdifference for the country of one's birth, but a partiality for the institutions of other countries with which he has long been familiar. EXECUTIVE. 205 This long residence in the United States is intended not only to give opportunity for an extensive acquaintance on the part of his fellow-citizens with the candidate for this office, but also to furnish him with the requisite knowledge of the wants and institutions of the country. Questions. 1. In whom is the executive power vested ? 2. In whom was it vested under the Confederation ? 3. What does a feeble Executive imply ? 4. What does that imply? 5. Give the views of the convention on the unity of the Executive. 6. How long is the Executive term ? 7. What variety of opinion was there on the Executive term? 8. When does the term commence? 9. What is the number of the present Executive term? 10. What are the conditions of eligibility? 11. Who might be President though foreign born? 12. Why is the age named necessary? 13. Why is so long a residence required? LESSON LVII. —EXECUTIVE, Continued. There are but two ways of electing a chief magistrate of the United States. The first method is by electors ap- pointed for that purpose ; and, if this meth- ^^ ^^^ ^^^^^^^ od fails, the election devolves on the House of Representatives. We will consider the two methods. In the convention that formed the Constitution, there were three methods proposed for electing a President. The first plan was by the two Houses of ^ Electors. Congress on joint ballot. The second was by electors to be appointed by the several State Legisla- tures. The third was, and this prevails, to elect by electors appointed in such manner as the several State Legislatures 2o6 CIVIL GOVERNMENT. might direct. The Constitution gives Congress the power to determine the time of choosing the electors. Congress has fixed by law that electors shall be chosen throughout the United States on the first Tuesday after the first Mon- day in the month of November of the year of the presiden- tial election. The electors in the several States are elected by the people, in the manner prescribed by the Legislatures of the (a) Appoint- respective States. No senator, representa- ment{56). tiyc, or Other person holding a place of trust or profit under the United States, can be an elector of President and Vice-President. Thus the sense of the people more distinctly prevails than it would were the choice of President confided to persons holding other official positions. The number of electors corresponds with the number of senators and representatives to which the States are respectively entitled in Congress. Thus each State has about the same influence in the election of (&) Number (56). .,,„,. President and Vice-President that i*: has m the national councils. There are certain steps to be taken by the electors after their appointment, which are defi- (c) Proceedings. nitely specified by the Constitution. The first step to be taken by the electors after their appointment is to meet in their respective States. By a law of Consfress, the State Legislature is author- ist, Meeting (57). , . ^ ,. ' ^ ^. , ized to direct as to the place of meeting. This place is generally, perhaps in all cases, the capital of the State. The meeting of the electors, by law of Congress, takes place on the second Monday in January next after they are chosen. All the electors meet on the same day. The meeting is a mere matter of form. They are ex- pected to cast their votes for the candidates of the political EXECUTIVE, 207 parties according to previous pledges. No discussion of the merits of the candidates takes place. The electors are chosen wholly with reference to particular persons who have been put in nomination at a convention called for that purpose. This, however, is a gross perversion of the intention of the authors of the Constitution. It is the result of modern political party management. The votes must be given by ballot for President and Vice-President, one of whom, at least, shall not be an inhabitant of the same State with them- 2ds, Voting (57). selves. According to this provision, a State would lose its vote if given for candidates both of whom were citizens thereof. They shall name In their ballots the person voted for as President, and in distinct ballots the person voted for as Vice-President. The electors are required by the Constitution to make distinct lists of all persons voted for as President, and of all persons voted for as Vice-President, 3d, Making and of the number of votes for each. "^**** ^' These lists are to be signed and certi- 4th, signing and '^ certtfytng Lists fied by the electors. (57). These lists are to be transmitted to the gtj^^ Transmit seat of the government of the United States, ting Lists (57). These certificates are to be directed to etn. Directing the president of the Senate. ^**** ^^^• By law of Congress, the electors are to make and sign three certificates of all the votes given. They are to seal up these certificates, and to certify on each that a list of the votes of their States respectively for President and Vice- President is contained therein. They shall appoint a person to take charge of and de- liver one of these certificates to the president of the Senate at the seat of government before the fourth Monday of January then next ensuing. 2o8 CIVIL GOVERNMENT. Another of the certificates is to be forwarded forthwith by mail to the president of the Senate at the seat of gov- ernment. The third certificate is to be delivered to the judge of the district court in which the electors assemble. It will be observed that the certificates are now in the hands of the president, of the Senate, and. (fl) In Congress. i i r the steps are to be taken tor canvassmg the votes certified therein. A joint meeting of the two Houses of Congress is then 1st, j^oint Meet- Called ; and this takes place, by law of ing {57). Congress, the second Wednesday of Feb- ruary following the reception of the certificates. The meet- ing is in the Hall of Representatives. " The president of the Senate shall, in presence of the 2d, Opening Cer- Senate and House of Representatives, open tiftcates (57). all the certificates.'* " The votes shall then be counted." The counting of 3d, Counting the votes is douc by tellers appointed for Votes {57). ^|-j^j- purpose by the House and the Senate. On one occasion, in 1877, Congress by special law con- stituted an Electoral Commission consisting of five sena- tors, five representatives, and five justices of the Supreme Court, who were authorized to decide which of two con- flicting sets of votes from certain States should be counted. The Constitution says, *' 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 ap- pointed." But if no candidate shall receive a majority of the elect- ors appointed, then, by the Constitution, the election of that officer devolves upon the House of Representatives. This occurred in the year 1825, and may occur at any election when there are three or more candidates. executive. 209 Questions. 14. How many methods of electing a President, and what are they ? 15. How many and what plans were proposed ? 16. How are electors appointed ? 17. Who may not be appointed electors? 18. Why is this ? 19. How many electors for each State ? 20. What are the various steps required to be taken by the electors ? 21. What restrictions on the voting? 22. How must the lists be transmitted ? 23. What are the steps for canvassing the votes in Congress ? 24. What is the result ? LESSON LVIIL — EXECUTIVE, Continued. When the people fail to elect the chief Executive, it seems proper to refer the matter for decision to the House of Representatives. This seems to be the 2. Mouse of most appropriate body, as the members of Ji^presentatives. which it is constituted are chosen by the popular voice, and are the more immediate representatives of the people. The Constitution says, " A quorum for this purpose shall consist of a member or members from two thirds of the States, and a majority of all («) Quorum {57). the States shall be necessary to a choice." A majority can transact the ordinary business of legis- lation ; but the election of a chief magistrate of the nation was regarded by the authors of the Constitution as a matter of such grave interest to the country, that they inserted this provision with unanimity. When the election takes place in the House, the selec- tion must be made from the persons already voted for by electoral vote. The House is not at liberty (&) Eligibility to take up a new candidate; but their se- (^^)- lection must be confined to those receiving the highest 2IO CIVIL GOVERNMENT. numbers, not exceeding three, on the list of persons voted for as President. This provision is made for the purpose of excluding from the list all such persons as receive but a small number of the electoral votes. In choosing the President by the House of Representa- tives, the Constitution requires that the votes shall be taken by States, the representation from each State (c) Voting (57). / . ^ ^, . , havmg one vote, i here is a greater chance of an election, when there are three or more candidates, in this mode than by a mere representative vote according to numbers, as the same divisions would probably exist in the popular branch as in their respective States. The vote must be taken by ballot. As a majority of all the States is necessary to a choice, it might so happen that the House of Representatives would be unable to elect a President. For instance : were there three candidates before the House, one might receive the votes of nineteen States, and the other two the votes of thirteen States each ; in which case there would be no choice, as neither would have a majority of all the States. The House might continue to vote with the same, or nearly the same, result until the fourth day of the next March, at which time the House would lose jurisdiction of the subject, and could vote no longer. The Constitution makes provision for precisely this con- dition of things. The following would be the result : — *' And if the House of Representatives shall not choose a President, whenever the right of choice shall devolve upon them, before the fourth day of March next following, then the Vice-President shall act as President, as in the case of the death, or other constitutional disability, of the President." It will be seen, in considering the election of the Vice- President, that no probable contingency can arise to prevent the election of that officer. EXECUTIVE. 21 J Questions, 25. What if no candidate is elected by this process? 26. What is a quorum for election in the House? 27. Why are so many required for a quorum ? 28. To whom is the election in the House confined ? 29. Why is this so? 30. How are the votes taken? 31. How many votes are necessary to a choice? 32o How long may the House continue to vote if they do not suc- ceed in electing a President ? 33, What if the House finally fail to elect? LESSON LIX. — EXECUTIVE, Continued. Before the President enters on the execution of his office, he is required to solemnly swear or affirm that he will faithfully execute the duties thereof, and, y. Oatuof to the best of his ability, preserve, protect, office {62). and defend the Constitution of the United States. Mr. Justice Story says, " This is a suitable pledge of his fidelity and responsibility to his country, and creates upon his conscience a deep sense of duty, by an appeal at once, in the presence of God and man, to the most sacred and solemn sanctions which can operate upon the human mind." The Constitution says, " The President and Vice-Presi- dent, and all civil officers of the United ri. Howremov- States, shall be removed from office on able {67). impeachment for, and conviction of, treason, bribery, or other high crimes and misdemeanors." This subject has been noticed in treating of the Senate of the United States (see the author's larger work, Analy- sis of Civil Government), 212 CIVIL GOVERNMENr. The Constitution says, " 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 been elected; and he shall not receive within that period any other emolument from the United States, or any of them." Without this clause, the Executive would be dependent for his support on the will of Congress. By securing their favor, his salary might be greatly enlarged ; and, by incur- ring their displeasure, it might be greatly diminished. His salary cannot be changed during his term of office. From the beginning of the Executive office under our government to the close of President Grant's first term, 1873, the salary was ^25,000 a year. From March 4, 1873, till the close of President Roosevelt's second term, 1909, it was ^50,000. Since March 4, 1909, it has been ^75,000. In addition to his salary, which is fixed by law of Con- gress, he has the use of the White House, as the presi- dential mansion is called. It is also furnished for him and taken care of, the grounds cultivated, his fuel and hght provided, and many other things at the expense of the public treasury. Questions. 34. What is the President's oath of office ? 35. What does Judge Storj' say about this oath? 36. How is the President removable? 37. What is the constitutional provision about his salary? 38. What is the advantage of this provision ? 39. What was the salary until President Grant's second term, and what is it now ? 40. What is furnished him besides his money salary? EXECUTIVE. 213 LESSON LX.— EXECUTIVE, Continued, The Constitution says, "The President shall be com- mander-in-chief of the army and navy of the United States, and of the militia of the several yxn. Powers States when called into the actual service and Duties, of the United States. " ^' ^'''*^^y (^S). It is not to be inferred from this clause of the Constitu- tion that the President is actually to take command in person in case of war. This is not the intention, though he has the power were he so disposed. It might be proper that the President should actually place himself at the head of an army in the field, were he known to be an experienced and skillful military commander. He is the head of the army in the same sense that he is the head of the nation. He may control its general oper- ations and movements. He directs the application of the military force in the execution of the laws, in maintaining peace at home, and in resisting foreign aggression. These duties are of an executive character, and are properly vested in the President, that unity of plan, promptitude, activity, and decision may be secured. For the same reasons, the Executive is made commander- m-chief of the militia of the several States when called into the actual service of the United States. In order that there may be unity of action, uniformity of training and discipline, and concert of purpose, it is necessary that regulars and militia should be subordinate to a single head. The Constitution says, "He may re- ♦?. civil. ' quire the opinion in writing of the prin- («) departments cipal officer in each of the executive depart- ments on any subject relating to the duties of their respec- tive offices." 214 CIVIL GOVERNMENT. The Constitution says, " He shall have power to grant (6) Reprieves and reprieves and pardons for offenses against Pardons {63). the United States, except in cases of im- peachment." A reprieve is the temporary suspension of the execution of sentence, especially the sentence of death. A pardon is the remission of a penalty, and a release of the offender from punishment. Reprieves may become necessary or expedient on account of doubts of guilt, arising from the discovery of new testimony after sentence and before execution ; or considerations of public policy may require a like interference. The same reasons might justify the grant of a full pardon. Discretionary power over such cases should be vested somewhere, *'as the law cannot be framed on principles of compassion." The chief executive magistrate should be allowed to hold a court of equity in his own breast, to soften the rigor of the general law in such criminal cases as may merit an exemption from punishment, or as may properly plead for temporary delay of execution of sen- tence. There is no power under our government to extend pardon to a person convicted on impeachment. The Constitution says, " He shall have power, by and , , „ . with the advice and consent of the Senate, (c) Treaties (64). ' to make treaties, provided two thirds of the senators present concur." The definition of treaty will be found in the chapter on the "Senate of the United States." In forming treaties, the entire plan, with all its condi- tions and stipulations, is settled through the President on the part of the United States. He acts through ambas- sadors and foreign ministers duly accredited by our govern- ment, or commissioners specially appointed for the purpose. EXECUTIVE. 215 The entire proposed treaty is submitted to the Senate by the President. The Senate discusses it in secret session. No treaty can be complete, on the part of our government, until ratified by the Senate. Questions. 4I0 What is the President's military position? 42. In what sense is he the head of the army ? 43. What may he require of department officers ? 44. What power has he over reprieves and pardons? 45. What are they ? 46. When may they become necessary ? 47. What is said of pardon in cases of impeachment? 48. What power has the President over treaties ? 49. What is a treaty ? 50. Who settles the plan of treaties on the part of government? 51. Through whom does he act? 52. What is necessary to the completion of a treaty ? LESSON LXL — EXECUTIVE, Continued, The Constitution says, " He shall nominate, and, by and with the advice and consent of the Senate, shall appoint, ambassadors, other public ministers, and (<«) Appoint- consuls, judges of the Supreme Court, and »"«»*<* (64) (65). all other officers of the United States whose appointments are not herein otherwise provided for, and which shall be established by law." When nominations are made by the President, they are presented to the Senate in writing ; and this body acts upon them in secret session, and under the injunction that discussions on their merits or the qualifications of the nominees shall be kept secret A majority of the Senate 210 CIVIL GOVERNMENT. decides the question of confirmation or rejection of the can« didate nominated- If the nominee is confirmed, or the nomination ratified, the President issues a commission accordingly, unless, in the mean time, he has concluded to decline it, which he is at liberty to do ; in which case, he may make another nomination. An ambassador is a minister of the highest rank, employed by government to represent it, and to manage its interests at the court or seat of government of some other power. The word *' minister," as used in the Constitution, has nearly the same signification as " ambassador," especially " minister plenipotentiary." A consul is a person commissioned to reside in a foreign country, as an agent or representative of a government, to protect the rights, commerce, merchants, and seamen of the State, and to aid in any commercial, and sometimes in dip- lomatic, transactions with such foreign country. The judges of the Federal courts are the judicial officers, and are the only ones under our government whose appoint- ments are for life, or during good behavior. The other officers include the heads of the several exec- utive departments, and constitute what is called the Presi- dent's cabinet. They are the secretary of state, secretary of the treasury, secretary of war, attorney-general, postmas- ter-general, secretary of the navy, secretary of the interior, secretary of agriculture, and secretary of commerce and labor. They also include military and many minor civil officers. The President is also authorized to make special ap- pointments to fill vacancies : — "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 thei'' next session." EXECUTIVE. 217 The clerks, letter carriers, and other minor civil officers have become so numerous that Congress in 1885 author- ized the President to appoint a Civil Service Commission, which aids him in making rules governing appointments, and manages the examination of applicants for office. The Constitution says^ " He shall from time to time give to the Congress information of the state J ^ .r, ' (.^/^ of Office ..„„,. (^-^) IV. T'erm . {55) V. Powers and Duties. 1. President of the Senate . . . (-?-/) 2. Acting President of the United States (60) [57) 221 CHAPTER XX. LESSON LXIIL— VICE-PRESIDENT. The Constitution says, " No person constitutionally ineli- gible to the office of President shall be eligible to that of Vice-President of the United States." If the Executive office becomes vacant, the Vice-Pres- ident performs the duties thereof. He should therefore have the same qualifications as President. These are, that he must be a natural-born citizen, or a citizen of the United States at the adoption of the Constitution ; that he must be thirty-five years of age ; and that he must have been fourteen years a resident within the United States. Five times in our history has a Vice-President been called to serve out an unexpired term of the presidential office. William Henry Harrison, President, died April 4, 1 841 : John Tyler, then Vice-President, succeeded to the duties of the Executive office. Zachary Taylor, President, died July 9, 1850: he was succeeded by Millard Fillmore, then Vice-President. Abraham Lincoln died April 15, 1865; he was succeeded by the Vice-President, Andrew Johnson. President Garfield died Sept. 19, 1881 ; and the next day Vice-President Arthur took the oath of office as President. President McKinley died Sept. 14, 1901; and Vice-President Roosevelt succeeded to the office. The Constitution says, " The person having the greatest 332 VICE-PRESIDENT, 223 number of votes as Vice-President shall be the Vice-Pres- ident, if such number be a majority of the whole number of electors appointed; and if no person ^j.^^^^^^^^ 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 Senators ; and a majority of the whole number shall be necessary to a choice." The first part of this constitutional clause refers to the counting of votes and other proceedings in Congress. If no person receives a majority of the elect- i, in congress oral votes as Vice-President, of course the ^^^>- people have failed to elect that officer. The election must now go to the Senate of the United States. As just stated, if no person receives a majority of the electoral votes, the Senate is to choose the Vice-President from the two highest numbers on the list as ^ ^^ senate^sr). candidates for that office. This renders it improbable that the Senate should fail to elect that officer. As the Vice-President is the President of the Senate, it seems proper that the Senate should elect this officer in case of failure to elect by the electors. The Senate has chosen but one Vice-President in our history. This was Richard M. Johnson, in 1837. Questions. 1. To what office must the Vice-President be eligible? 2. Why should this be so ? 3. What are the three conditions of eligibility? 4. How many times, and in what instances, has the Vice-President been called to the presidential office ? 5. In what two ways may the Vice-President be elected ? 6. To what candidates is the Senate confined in its choice? 7. Why is it proper that the Senate should elect this officer? 8. What Vice-President was elected by the Senate? 224 CIVIL GOVERNMENT. LESSON LXI v. — VICE-PRESIDENT, Continued. The Vice-President is among the officers required to III. Oath of take the oath or affirmation, before enter- Office (84). [^g on the duties of his office, to support the Constitution of the United States. The official term is four years. The same reasons that pfoverned in fixing the presidential term at JV. Term {55). o i four years apply with equal force to the term of the Vice-President. The Constitution says, " The Vice-President of the United States shall be president of the Senate, but V. Powers and . .. . i , n n DuUes. shall have no vote unless they be equally 1. President of fJivjHed " the Senate (11). * . - , ,r- -r^ The duties of the Vice-President as president of the Senate are such as usually devolve on the presiding officer of legislative bodies. He is to preside over the deliberations of the Senate, enforce the rules of order, maintain due decorum among the members, and decide all questions of parliamentary practice. The speaker of the House of Representatives has the appointment of standing committees ; but the president of the Senate does not, as he is not a member of that body. He submits all questions, duly made, to the Senate, puts to vote all questions brought forward for discussion and decision, and makes known the result. The Constitution says, " In case of the removal of the President from office, or of his death, resig- 2. Acting Presi- . . , .,. t i i dent of the nation, or inability to discharge the powers United States and duties of the said office, the same shall devolve on the Vice-President." He is also to act as President, if the House of Represen- tatives shall fail to elect that officer when the right of choice shall devolve on them. VICE PRESIDENT. 225 When the Vice-President acts as President, which has been the case several times in our history, he has uni- formly been recognized as President by both Houses of Congress (see Analysis of Civil Government, by the author). Questions. 9. What is the nature of the Vice-President's oath of office ? 10. How long is the term of the Vice-President, and why? 11. What are the powers and duties of the Vice-President? 12. Wherein do his duties differ from those of the speaker of the House? 13. In what cases do the duties of the Executive devolve on ihe Vice-President ? 14. In such cases, what is his title of office ? BLACKBOARD EXERCISE. Judicial, I. Where vested, 1 . Supreme Court ,0004 (^ie{67). Supreme and inferior courts are subject to removal for impeachable offenses. Provision is wisely made, that, as the judge's salary is at the time he enters on the duties of his office, so it shall continue to be throusrhout his official ex- ° S. Salary {68). istence, unless Congress shall see fit to increase it : in other words, it cannot be diminished. To allow the legislative authority to diminish the salaries of the judges would be to give that authority control over their support ; and to control their support is to control their will. The salary of the chief justice is fifteen thousand dollars a year; that of the associate justices, fourteen thousand five hundred dollars each. The Constitutional provision in reference to this subject is as follows : — "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." Questions. 13. By whom are the judges of the Supreme Court appointed ? 14. By whom are the judges of the other courts appointed? 15. What is their oath of office ? 16. What is their tenure of office? . 17. What reasons are given by an eminent statesman for this? 234 CIVIL GOVERNMENT. i8. How are the judges removable? 19. What is said about the salaries of the judges ? 20. What is the amount of each ? LESSON LXVIIL — JUDICIAL, Continued. The Constitution says, " The judicial power shall extend to all cases in law and equity arising under ' Hon. this Constitution, the laws of the United 1. limitation States, and treaties made, or which shall be made, under their authority." This clause defines the entire jurisdiction of the judiciary of the United States, so far as it relates to subject-matter. By judicial power, as here used, we are to understand the power of the national courts in the administration of justice. The word " power " refers to jurisdiction, or the authority of the court. The subject-matter of a cause in court is the thing or question to be decided : the parties are the persons or cor- porations legally interested in the decision of the court on the subject-matter. " The word ' law ' is generally understood, as defined by law-writers, to be the supreme power of the State, through its Legislatures, commanding what is right and prohibiting what is wrong. *' The word ^equity,' as applied to judicial proceedings, does not mean contrary to law, but it reaches cases to which the law cannot be applied by reason of its univer- sality. " The object of equity jurisprudence is to supply the deficiencies of the courts of law, and to render the admin- istration of justice more complete, by affording relief where the courts of law, in consequence of imperfections of their machinery, or of their too rigid adherence to JUDICIAEY. 235 peculiar forms, are incompetent to give it, or to give it with effect." Jurisdiction is of two kinds, — original and appellate. Original jurisdiction is jurisdiction of a cause from its beginning. If a party can begin his suit in the Supreme Court, for instance, we say the Supreme Court has original jurisdiction in the case. If he cannot bring his case into that court until it has been first tried in some lower court, then we say the Supreme Court has appellate jurisdiction. Some kinds of causes can be commenced in either of two different courts. Such courts, in such cases, are said to be courts of concurrent jurisdiction ; that is, either court has jurisdiction of such a cause. If there is but one court in which a case can be brought, that court is said to have ex- clusive jurisdiction. The Supreme Court of the United States has original or appellate jurisdiction in all cases arising under the Consti- tution and laws of the United States, and under treaties, except certain classes of cases, which can be appealed only to the circuit court of appeals. Questions. 21. What is the extent of the judicial power? 22. What is meant by judicial power as here used? 23. What is the subject-matter? 24. What is the meaning of the word " law " ? 25. What is the meaning of " equity"? 26. What is the object of equity jurisprudence ? 27. How many kinds of jurisdiction, and what is each? 28. What is concurrent jurisdiction? 29. When is a court said to have exclusive jurisdiction? 236 CIVIL GOVERNMENT. LESSON LXIX.— JUDICIAL, Continued, By constitutional provision the Supreme Court has origi- 2 Original nal jurisdiction in the following cases : — tfurisdiction i. In all cases affecting ambassadors, other public ministers, and consuls. 2. Those in which a State shall be a party. The last include controversies, — ist. Between two or more States ; 2d, Between a State and the citizens of another State j and, 3d, Between a State or the citizens thereof, and foreign states, citizens, or subjects. In all the foregoing classes of cases, suits may be com- menced in the Supreme Court. But by the Eleventh Article of Amendment to the Constitution, "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." How is a person to obtain relief, then, in case he has a claim against a State ? In the first place, it is presumed that no wise government will withhold justice from its citizens. The citizen to whom the State may be indebted can petition the Legislature direct for redress, unless some other means have been instituted by the State. Again, in some of the States, courts of claims have been established for the same purpose, into which the citizen can bring his claim, by petition or otherwise, for adjudica- tion ; and, if he shows the State to be indebted to him, the Legislature will make provision for payment. In 1855 ^ court of claims was established, by act of JUDICIARY. 237 Congress, to hear and determine claims against the United States. The demand is presented to the court by petition, setting forth specifically its origin and nature; and the party is allowed to prove it by the same rules of evidence as are usually adopted in courts of justice. If a claim is established, Congress makes provision for its payment. An attorney, called the solicitor of the United States, appears in behalf of the government before this court. Questions. 30. In what cases has the Supreme Court original jurisdiction? 31. What restrictions are included in the Eleventh Article of Amendment? 32. How is relief to be obtained against a State ? 33. When, and for what purpose, was a court of claims established? LESSON LXX.— JUDICIAL, Continued. By the Constitution the Supreme Court has appellate jurisdiction, both as to law and fact, with ^ Appellate such exceptions, and under such regula- JxirisdicUon tions, as Congress shall make, ist. In all cases of admiralty and maritime jurisdiction. 2d In controversies to which the United States shall be a party. 3d, Between citizens of different States. 4th, Between citizens of the same State claiming lands under grants of different States. What is meant by appellate jurisdiction has already been explained. By cases of admiralty and maritime jurisdiction, reference is had to the power to try and determine, on appeal, all causes originating on the high seas, or on rivers, ports, or harbors communicating with the sea, and out of the reach of ordinary courts of justice. 235 CIVIL GOVERNMENT, Admiralty causes must arise wholly on the sea or on waters immediately communicating with the sea, and not within the jurisdiction of any country. On the high seas, all nations claim a common right and a common jurisdic- tion ; and therefore causes originating there should come exclusively under the jurisdiction of the national courts. They cannot be brought, however, in the first instance, into the Supreme Court of the United States, but may be appealed into that court, or into the circuit court of appeals, after having been commenced and tried by a lower court of the United States, which, by a law of Congress, is an ad- miralty court. The subjects for adjudication which properly come into courts of admiralty are, captures in war made on the high seas, captures in foreign ports and harbors, captures made on land by naval forces, and captures made in the rivers, ports, and harbors of the captor's own country. If an American, commissioned with letters of marque and reprisal, shall make captures as aforesaid, it is his duty to bring them into the court for adjudication. If the court shall decide that the things in controversy were lawfully captured, and according to the usages of war and law of nations, they are awarded to the captors. If the decision is that they were unlawfully seized, they will be awarded to the owners, with damages for detention. The ordinary admiralty and maritime jurisdiction also embraces all civil and criminal cases of a maritime nature. The district courts of the United States, however, as courts of admiralty and maritime jurisdiction, are limited to the trial of crimes and offenses for which but moderate pun- ishment is inflicted. The graver and higher crimes are referred to the circuit courts as courts of admiralty. Controversies in which the United States shall be a party are to be adiudicated in the Federal courts. Cases JUDICIARY. 239 in which the whole people are interested should not be left to the decision of a State court. The United States must bring suit, however, in the first instance, in the in- ferior courts, — that is, in the district courts, — ^and cannot reach the Supreme Court except by appeal. " Unless this power were given to the United States, the enforcement of all their rights, powers, contracts, and privileges, in their sovereign capacity, would be at the mercy of the States. They must be enforced, if at all, in the State tribunals. Not only would there be no compul- sory power over those courts to perform such functions, but there would be no means of producing uniformity in their decision." By act of Congress a citizen of one State may bring suit against a citizen of another in the district court of the United States in civil matters, provided the matter in controversy exceeds five hundred dollars exclusive of costs. An alien may sue or be sued in this court also for the same amount ; and these courts have original jurisdiction also in matters relating to the United States revenue and to patents, being cases that arise under the laws of the United States. In all these cases the circuit court of ap- peals has appellate jurisdiction. Controversies between citizens of the same State claim- ing lands under grants of different States must be adju- dicated in the United States courts. State courts can- not be supposed to be unbiased in cases of this nature. Claims to lands under grants of different States, founded on adverse pretensions of boundary, would almost forbid the possibiHty of judicial fairness, candor, and impartiality on the part of the State courts of either granting State. At first the Supreme Court had appellate jurisdiction in all cases brought before the inferior courts; but in time the appeals became so numerous that their decision was 240 CIVIL GOVERNMENT. often delayed for several years. To relieve this pressure of business, Congress, in the exercise of its constitutional prerogative to regulate the appellate jurisdiction of the Supreme Court, created, in 189 1, the circuit court of appeals. This court has appellate jurisdiction only. Certain cases which formerly were appealed directly to the Supreme Court must now be appealed to the circuit court of ap- peals. Under certain restrictions and limitations, an appeal may be taken from this court to the Supreme Court. Questions. 34. In what cases does the Supreme Court have appellate juris- diction ? 35. By what power may this jurisdiction be restricted ? 36. To what do cases of admiralty and maritime jurisdiction refer? 37. Where must admiralty causes arise ? 38. Why should these causes be confined to the national courts ? 39. What are the subjects for admiralty courts ? 40. What is the duty of an American who makes captures under letters of marque and reprisal ? 41. What is the result of trial in such cases? 42. What crimes may be tried in the district courts ? 43. Where are the higher crimes tried ? 44. Where are controversies to be tried to which the United States is a party, and why ? 45. In what cases may a citizen of one State sue a citizen of another State in the circuit courts ? 46. In what cases has the circuit court original jurisdiction? 47. Why should controversies relating to lands claimed under grants of different States be referred to the Federal courts? 48. What is said about the circuit court of appeals ? BLACKBOARD EXERCISE. State Government of Missouri. I. State Constitution, 1. Historical. 2. Comparison with J'^ederal, 3. Amendment. II. Legislative Department. 1. General Assembly. 2. Apportionment. 3. Terms and Qualifications. 4. Sessions. 5. Presiding Officers and Committees. 6. Extent of Powers. 7. ^/^/^ Laws. 8. General and Special Laws. 9. Enactment of Laws. 10. Election of United States Senators. III. Executive Department. 1. Governor. 2. Lieutenant-Governor, 3. Secretary of State. 4. Auditor. 5. Treasurer. 6. Attorney- General. 7. Superintendent of Public Schools. 241 242 CIVIL GOVERNMENT OF MISSOURI. IV. jfudicial Department, 1. Supreme Court. 2. Courts of Appeals » 3. Circuit Courts^ 4. I?iferior Courts, V. FefsoJial Rights. 1. Bill of Rights. 2 . Citizenship. 3. Suffrage. (a) Qualifications, (b) Residence. (c) Registration. VI. Elections, T. Subdivisions. 2 . Time and Place. 3. Manner of Voting 4. Counting the Votes* CHAPTER XXII. LESSON LXXL— GOVERNMENT OF THE STATE OF MISSOURI. Upon renouncing their allegiance to Great Britain in 1776, the thirteen American Colonies became as many independent and sovereign States. They j^ state sent delegates to form the Continental Con- Constitution. gress, but this body acted without definite powers for several years. The Articles of Confederation, which became binding March i, 1781, formed a union with very limited powers. The adoption of the Federal Consti- tution in 1789 was to form a more perfect union, to estab- lish justice, insure domestic tranquillity, provide for the common defense, promote the general welfare, and secure the blessings, of liberty for all the people. By this Consti- tution certain duties were imposed upon and certain rights granted to the General Government ; all the powers not delegated to the United States by the Constitution, how- ever, nor prohibited by it to the States, were reserved to the several States or to the people thereof. Except in the use of the post office and of a uniform currency, comparatively few citizens come in contact with the Federal Government. Nearly all other matters pertaining to the prosperity and security of the citizen in his daily life are controlled by the State government : it is therefore of great importance to 243 244 CIVIL GOVERNMENT OF MISSOURI. understand the form of the State government under which we Hve. The general plan of State government is set forth in a written constitution for each State. The constitutions of the original thirteen States were modeled to a great extent on the respective colonial charters, and became in turn the models upon which were framed the constitutions of the States that have since been admitted into the Union. The United States first acquired control of the Missis- sippi Valley west of that river by purchase from France in 1803, the region being known as the Province of Louisiana. This region thus became the property of the nation at large, and was governed by officers appointed by the Federal au- thorities. In the subdivision of this region by Congress, the portion within the present limits of Missouri became successively parts of the District of Louisiana in 1804, the Territory of Louisiana in 1805, and the Territory of Missouri in 181 2. In 1 8 1 9 the part of this Territory embraced within the pres- ent State (excepting the part west of the meridian passing through the mouth of the Kansas River, known as the Platte Purchase, and added to the State in 1836) applied for admission into the Union. The following year. Con- gress having granted the necessary permission, a State con- stitution was adopted; and on the loth of August, 1821, Missouri became one of the United States, with power to manage its own local affairs. The constitution of 1820 formed the organic law of the State until 1865, when a new constitution was adopted, which continued in force until replaced by a third one in 1875. The constitution of 1875, which forms the basis of the present State government, was adopted by vote of the people, Oct. 30, 1875, ^^^ went into operation Nov. 30, 1875. It is inserted in full on pp. 277-352 of this book. STATE CONSTITUTION. 245 The State and Federal constitutions agree in recognizing the people as the sole source of authority ; in separating the government into three distinct departments, 1 . , ^. . ,.,.., .2. Comparison — legislative, executive, and judicial; in of state and providing for a republican form of govern- Federal constu ment; and m stating the personal and political rights of citizens. The constitutions differ, how- ever, in one important respect ; namely, the Federal Con- stitution recites specifically the powers conferred on the National Government, while, the State constitution, subject to the Constitution of the United States, limits the power of the State government only by enumerating the matters over which it shall have no authority. A method of amending or revising the constitution is pro- vided in Article XV. (p. 346). The Legisla- 3. Amendment tive Department may at any time propose **** Revision. an amendment, which, after due publication and ratification by a majority of the qualified voters of the State, voting at the next general election, becomes part of the consti- tution. The question of revision of the constitution may also be proposed at any time by the Legislative Department ; but such revision requires the concurrence of a majority of the qualified voters of the State, voting at two elections, — one to decide that a convention of delegates to make the revis- ion shall be held, and another subsequent election to ratify the work of this convention. The delegates to the conven- tion are elected not less than three nor more than six months after the question of revision has been adopted by the people. For the method of amending the constitution by initiative and referendum, see pages 353, 354. 246 CIVIL GOVERNMENT OF MISSOURI. LESSON LXXIL— THE LEGISLATIVE DEPART- MENT. By Article IV. (p. 283) of the constitution, the lawmak- ing powers are vested in the General Assembly of the State II. The Legisia- of Missouri, Consisting of two independ- tive Department, g^t bodics of legislators elected by the peo- ple, and called respectively the Senate and the House of Representatives. The Senate consists of thirty-four senators, while the 1. General number of representatives composing the Assemhiij. Housc varies according to the population of the State, as ascertained by the most recent census. On the basis of the twelfth census (1900), there are 142 repre- sentatives. The members of both these bodies directly rep- resent the people of the State. Each county is entitled to at least one representative 2. Apportion- ^^ the Housc, the city of St. Louis being ment. considered as a county for this purpose. The number of representatives (greater than one) which a county may have depends upon its population, and is determined by the General Assembly (pp. 283-284). When a county is entitled to more than one and less than eleven representatives, it is the duty of the county court to sub- divide the county into a corresponding number of compact districts, from each of which a representative shall be elected. In case a county is entitled to more than ten rep- resentatives, it is the duty of the circuit court to subdi- vide the county into districts, from each of which not less than two nor more than four representatives shall be elected. The apportionment after the census of 1900 entitled St. Louis (city) to sixteen representatives ; Jackson County to six ; Buchanan County to four ; Jasper County to THE LEGISLATIVE DEPARTMENT. 247 three ; Greene and St. Louis Counties to two each ; and the othfer counties of the State to one each. At the same time that the General Assembly apportions the representatives, it is also its duty (pp. 284-286) to di- vide the State into compact senatorial districts of as nearly equal population as may be. A senatorial district may em- brace two or more contiguous counties, but in forming such a district no county may be divided. In case the popula- tion of a county entitles it to more than one senator, it is the duty of the circuit court to subdivide it into a corre- sponding number of compact senatorial districts of approxi- mately equal population. If the General Assembly fails to redistrict the State for senators, as provided, it then be- comes the duty of the governor, secretary of state, and attorney-general to do so. The State was so districted by these officers after the tenth, eleventh, and twelfth censuses, in 1881, 1891, and 1901. Representatives and senators are elected by the quaHfied voters of their respective districts. All the „ ^ 3. Terms of Of- representatives are chosen every second flee and year. The senatorial term is four years, 6*««^*/^««**o»*«' one half the number being chosen every second year. Rep- resentatives must be at least twenty-four years old, and must have been quahfied voters of the State for two years. Senators must be at least thirty years old, and qualified voters of the State, of three years' standing. Both must have been residents of, and actual tax-payers in, their re- spective districts for the year next preceding the day of their election. No person can become or remain a repre- sentative or senator while at the same time he is a member of Congress, or holds any lucrative office under the Federal, State, or any municipal government (militia officers, justices of the peace, and notaries public excepted). Duehng, sending, accepting, or knowingly carrying a challenge^ or 248 CIVIL GOVERNMENT OF MISSOURI. violating the oath of office of representative or senator, disquahfies a person forever from holding office under the State government. The General Assembly meets biennially on the first Wed- nesday after the first day of January. The 4. Sessions. Assembly years are odd-numbered years. Representatives and senators receive as compensation, in addition to traveling expenses to and from the State capi- tal, five dollars a day for the first seventy days of each ses- sion, and one dollar a day for the remainder of the session, also thirty dollars each for stationery and postage. But in revising sessions, each member is allowed five dollars a day for one hundred and twenty days, and one dollar a day for the remainder of the session. The House of Representatives elects one of its own ^ ^ .^. number as speaker or presiding officer. 5. Prestatng ^ jr o Officers and Unless Otherwise ordered, the speaker ap- committees. ^^^^^^ ^jj committees of the House. The lieutenant-governor is ex officio president of the Senate : he is not a member, and has no vote except in case of an equal division ; he appoints all committees unless otherwise directed by the Senate, and in committee of the whole he has the privilege of debate. The Senate elects a president pro tempore, to act as presiding officer in the absence of the lieutenant-governor. The president /r^ tempore acts as governor in case of the death or disabihty of both the gov- ernor and lieutenant-governor ; and, in case of his death or disabihty, the speaker of the House acts as governor. By means of petitions signed by a certain percentage of the voters, the people may propose a new 7Vj 'iif^'i ft/f'i "iJi* and Referen- law or Constitutional amendment or may **^*^* order a popular vote on a law made by the General Assembly. Such a measure is then adopted or re- jected by the voters at the next election (pp. 353> 354)- THE LEGISLATIVE DEPARTMENT. 249 LESSON LXXIII. —THE LEGISLATIVE DEPART- MENT, Continued. The lawmaking power of Missouri is restricted by but two authorities, — the Constitution of the United States and the State constitution. Any law violating q^ Extent of the provisions of either may be declared Jfowers. unconstitutional by the courts, and therefore null and void (for rights of the States and State prohibitions under the United States Constitution, see pp. 167-187 ; for State limitations of legislative power, see pp. 294-300). The principal matters upon which the General Assembly makes laws are the following : the govern- ^7. State Tiaws. ment of counties, cities, townships, and school districts ; the organization and government of cor- porations, such as railroad, insurance, and banking compa- nies ; the rights and duties growing out of the domestic rela- tions, as those of parent and child, husband and wife ; the property rights of citizens, such as the buying and selhng, letting and hiring, of lands and houses, mortgages, the buy- ing and seUing of goods, and negotiable paper, such as promissory notes, drafts, and checks ; the distribution of property on the death of the owner ; interest and usury ; the relations of employer and employee ; the definition and punishment of crime ; the mode of procedure in courts ; and the exercise of suffrage. Most of the laws passed by the General Assembly are general laws ; that is, they affect equally g. General and all persons and places within the State. *i»e«*«* Laws. The State constitution (see pp. 297-299) forbids the pas- sage of local or special laws upon certain specified subjects and upon any subject, if general laws are appHcable. 250 CIVIL GOVERNMENT OF MISSOURI. Special laws can be passed only after thirty days' publica- tion in the locality concerned. The method of passing laws in the General Assembly is 9. Enactment essentially the same as that employed in the of Laws. Congress of the United States. The prin- cipal rules of procedure are as follows (see pp. 289-294) : — 1. A law may originate in the form of a bill in either House, and before final passage must be read on three different days in each House. 2. All bills, on their final passage in each House, must re- ceive the assent of the majority of the members elected, voting by yeas and nays ; and the vote of each member must be recorded in the journal. 3. If the original bill is amended in any particular in the other House, it must be returned to that in which it origi- nated, and the amendments must be concurred in by a ma- jority of the members elected, by a recorded yea and nay vote. 4. If passed, the bill goes to the governor ; and if signed by him, or if during the session it is not returned with his veto within ten days to the House in which it originated, it becomes a law. If vetoed, it fails to become a law, unless again passed by a two-thirds yea and nay vote in each House. Further, if a bill passes within ten days before the close of the session, it fails to become a law unless signed by the governor within thirty days after the close of the session. 5. No law shall go into force until ninety days after the adjournment of the session at which it was enacted, unless, in case of any emergency expressed in the body of the act, the General Assembly shall otherwise direct by a recorded yea and nay vote of two thirds of the members elected to each House. As provided in the Constitution of the United States, the THE EXECUTIVE DEPARTMENT. 25 1 General Assembly of Missouri elects two senators to rep- resent the State in the Senate of the United ^^ Election of States. This is done in a joint meeting of united states the two branches of the General Assembly. LESSON LXXIV.-THE EXECUTIVE DEPART- MENT. The officers of the Executive Department of Missouri are the governor, Heutenant- governor, secretary of state. State auditor, State treasurer, attorney-general, jjx. Executive and superintendent of public schools, all of Department. whom are elected by the people of the State for a term of four years (see pp. 300-305). The chief officer of the executive branch is the gov- ernor of the State of Missouri. He must 1. Governor. be a man at least thirty-five years of age, a citizen of the United States for ten years, and a resident of Missouri for seven years next preceding his election. The salary of the governor is $5,000 a year. It is his duty to take care that the laws shall be faithfully executed. The governor has the power to veto, under certain restrictions and conditions already described, any act of the General Assembly ; to convene the General Assembly in extra ses- sion ; to grant reprieves, commutations, and pardons after conviction for all offenses except treason and cases of im- peachment ; and to appoint, with the advice and consent of the Senate, many important administrative officers. The governor is commander-in-chief of all the mihtary forces of the State, and is required to communicate by message to the General Assembly at each session information regard- ing the condition of the State, and to recommend such measures as he shall deem expedient. Short Civ. Gov. Mo. Ed.— 17. 252 CIVIL GOVERNMENT OF MISSOURI. The lieutenant-governor must possess the quahfications 2. JLieutenant- f^^ govemor. He presides over the Senate. Governor. j^ case of the death, resignation, incapaci- ty, or removal from office, of the governor, he becomes the governor. The secretary of state and the other executive officers 3. Secretary of mentioned above, except the governor and state. lieutenant-governor, must be men at least twenty-five years old, citizens of the United States, and resi- dents of Missouri for five years next preceding the election. The secretary of state keeps a record of all the official acts of the governor ; is custodian of the great seal of the State, and attests the signature of the governor to official papers ; preserves State papers, and lays copies thereof before the General Assembly when so requested ; receives the returns of State and congressional elections ; is custodian of and distributes the laws and journals, paper and stationery ; and issues certificates of existence to incorporated companies. The State auditor is the general accountant of the State. He keeps all accounts relating to the State's ' revenue, debt, and fiscal affairs ; passes apon all accounts against the State ; prepares, and presents to the General Assembly, a detailed statement of receipts and expenditures and of the condition of the public debt ; submits estimates and suggestions for the information of the General Assembly ; draws warrants on the treasury ; and directs prosecutions for official delinquencies in relation to the assessment and collection of the revenue. The State treasurer receives the State's moneys, and 5. state Treas- pays them out ou the warrant of the au- urer. ditor ; makes monthly reports to the gov- ernor of the condition of the treasury ; and submits to each General Assembly a detailed statement of the opera- tions of his department for the two preceding fiscal years. THE JUDICIAL DEPARTMENT. 253 The attorney-general has charge of the legal affairs of the State. He conducts all lawsuits with q^ Attomey- regard to questions in which the State has General. an interest, and gives legal advice to the governor and heads of departments and the General Assembly. The superintendent of public schools >^ ^ superintend- has charge of the State educational affairs, ent of mbUc (See Lesson LXXXL) **^*' *' There are other executive officers, not mentioned in the constitution, but filling offices created by _ ' " -^8. Other Officers. the General Assembly. Among these are three railroad and warehouse commissioners, elected by the people for terms of six years, one commissioner being elected every two years ; the adjutant-general, appointed by the governor ; the warden of the penitentiary ; the superin- tendent of insurance; the commissioner of the Bureau of Labor Statistics; the State geologist; and the game and fish commissioner, appointed by the governor. The names of these officers indicate their respective duties. LESSON LXXV. — THE JUDICL\L DEPAR'raENT. The judicial power of Missouri is vested in the courts of the State. They determine the constitutionality of the laws enacted by the General Assembly, and jy. judicial ne- possess jurisdiction in all cases not reserved partment. by the United States Constitution to the Federal courts. They consist of a Supreme Court, the courts of appeals, circuit courts, criminal courts, probate courts, county courts, and municipal or corporation courts. The Supreme Court consists of seven judges, elected by the people for ten years. Three are elected i. supreme in 1902, 1912, etc.; and one each in 1904, Court. 1906, 1908, 19 10, etc. Except in a few cases the Supreme 254 CIVIL GOVERNMENT OF MISSOURI. Court has appellate jurisdiction only; but it exercises a superintending control over all inferior courts. In consti- tutional questions, and in cases of felony and those involving titles to land, it alone has appellate jurisdiction. Under cer- tain circumstances it can rehear cases transferred from the courts of appeals (see p. 349, Sec. 6). The court is divided into two divisions. Division No. i consists of four judges, and has jurisdiction in civil cases; Division No. 2 consists of three judges, and has jurisdiction in criminal cases. The court sits at the State capital, and holds two terms annually. It elects its chief justice. There are three of these courts, — the St. Louis Court of 2. Courts of Appeals, the Kansas City Court of Appeals, • •4i»pea?«. ^j^(j ^\^Q Springfield Court of Appeals. The courts each consist of three judges, elected for twelve years. Two judges form a quorum. The courts have juris- diction in cases appealed from the inferior tribunals in their respective districts. They sit in St. Louis, Kansas City, and Springfield, respectively, and each holds a spring and a fall term annually. The State is divided into thirty-six judicial circuits, each 3. Circuit composed of one county or of several con- Courts. tiguous counties. For each circuit there is a circuit court, consisting of one or more circuit judges, as the business may require, who are elected by the people in the respective circuits for terms of six years. The jurisdic- tion of these courts is original, concurrent, or appellate, in all cases not otherwise provided for by law, and extends over all inferior courts within the circuit. The circuit courts hold at least two terms annually in each county of their respective circuits. The jurisdiction of all other courts is confined within sin- 4. Inferior gl^ counties, and the consideration of these Courts. courts is therefore more appropriately taken up in Lesson LXXVIII. PERSONAL RIGHTS. 255 LESSON LXXVL— PERSONAL RIGHTS. A guaranty of the personal rights of citizens forms Ar- ticle II. of the Constitution of Missouri (p. 277), and is termed a bill of rights. Its provisions are ^ personal almost identical with those of the Amend- Mights. ments to the United States Constitution, ^' ^^'^ "^^ JUghts. Paragraphs (86) to (94), and Paragraphs (45) and (46) of that instrument. The rights thus secured are enjoyed by all, without distinction of sex, age, or color. The right of suf- frage is limited. The United States Constitution declares that '' all citizens born or naturalized in the United States .... 2. Citizenship. and subject to the jurisdiction thereof are citizens of the United States, and of the State wherein they reside." It thus appears that all persons — men, women, and children — bom or naturalized in the United States are citi- zens, but that it is left to Missouri to determine who shall exercise the right of suffrage or the right of voting in all cases. The State constitution (pp. 314-316) gives the right of suffrage to any citizen resident of the s. Suffrage. State, twenty-one years of age and of the (<*) Qualifications. male sex, provided he is not an officer, soldier, or marine of the regular army or navy of the United States. Idiots, lunatics, paupers, and prisoners are denied the right to vote, and the General Assembly may deny the right to persons convicted of infamous crimes. The right of suffrage is con- ferred on persons of foreign birth, otherwise qualified, who have declared their intention to become citizens of the United States, not less than one year nor more than five years before the vote is offered. To be entitled to vote, a citizen must have resided (i) 256 CIVIL GOVERNMENT OF MISSOURI. in the State for one year, and (2) in the county, city, /l.^ T? -^ . or town for at least sixty days immediately preceding the election. In cities having more than twenty-five thousand inhabi- tants, only those persons can vote who have (c) Megistration. previously registered their names and places of residence with the proper election officers, in the elec- tion district or precinct in which they reside, on one of the days appointed for such registration. LESSON LXXVIL — ELECTIONS. In addition to the division into congressional, senatorial, representative, and judicial districts, Missouri is divided Ti. Elections, into 114 countics and the city of St. Louis. 1. Subdivisions. The counties are divided into townships, which may be subdivided into election districts or precincts. The officers of the Executive Department (p. 251), and the judges of the Supreme Court, are elected by the qualified voters of the whole State. The representatives are elected by the voters of their respective districts. The regular elections are held biennially on the first Tues- 2. Time and day after the first Monday of November. jpiace. 'pj^g election years are even-numbered years. The places where the votes are taken are called " polls." Each of these is in charge of six judges of elec- tion, appointed or elected from and representing equally the two principal political parties. The polls are open from 7 A.M. to 6 P.M., or, if the sun sets after six, until sunset ; ex- cept in cities of over 25,000 inhabitants, where they are open from 6 a.m. to 7 p.m. The method of voting usually called the Australian sys- ELECTIONS. 257 tern has been adopted to insure the secrecy of each per- son's vote, and thus to prevent bribery and intimidation and to secure peace and good order at the polls. 3. Manner of All votes are prepared upon ofhcial ballots Voting. printed at public expense, and distributed to the judges of election. Within the inclosure of each polling place is a number of booths or compartments to insure the privacy of as many voters while preparing their ballots. No one is allowed within the inclosure except the officials of the election and the voters occupying the booths. Each voter, upon entering the inclosure of the polling place, receives from the distributing judges one set of ballots, upon the back of which the two judges indorse their own names or initials. There is a separate ballot for the candidates of each party. The voter, retiring to a booth, selects the ballot which he wishes to vote, and on it marks off any names he does not wish to vote for, writing below them the names of the respective can- didates of his choice ; he then folds all the ballots separately. In passing out of the inclosure, the voter hands his selected ballot to one receiving judge, who numbers the voted ballots consecutively and deposits them in the ballot-box (the re- jected ballots are counted and deposited in another box by the other receiving judge). At the same time, the names of the voters correspondingly numbered are recorded by the elec- tion clerks in the poll booths. If the voter makes oath that he is unable to prepare his ballot, the judges may assist him. Two ballot-boxes are used alternately for the reception of ballots at each polHng place, the boxes 4, counting the being emptied of ballots and changed each votes. hour. It is the duty of two counting judges to immediately count and string the ballots thus voted and record the re- sults while the election is in progress, and to announce the final result pubhcly at the close of the polls. The ballots, strung and sealed, and one set of poll books, are then sent 258 CIVIL GOVERNMENT OF MISSOURI. to the county clerk, who pubHcly verifies the additions from the poll book, and issues certificates of election to the suc- cessful candidates, or, in the case of State officers, members of Congress, State senators and representatives, and judges of the courts of appeals and circuit courts, transmits a cer- tified abstract of the returns to the secretary of state. CHAPTER XXIII. LESSON LXXVIIL — COUNTY, TOWNSHIP, AND SCHOOL DISTRICT. The county stands highest, and is the most important of the incorporated subdivisions of the State. It may be con- sidered as the political unit of the State, since it is the only corporate subdivision (except St. Louis) that is invariably represented in the General Assembly ; since the other sub- divisions, though distinct corporations, are parts of the coun- ties in which they are situated ; and since the State revenue is collected by the county officials. The county possesses a local government, and exercises legislative, executive, and judicial powers, powers of though these functions do not constitute Government. separate and distinct branches. The county court possesses the most extensive authority in the county government. Its powers extend into each of these branches. The county court consists of three judges, — the presid- ing iudge, elected every four years by the ° •" ° ' , / , County Court. county at large, and the others, every two years, one from each of two districts into which the county is divided. This court meets quarterly at the county seat, though in counties containing seventy-five thousand or more inhabitants and where county courts are held at more than one place, the terms shall be held monthly. It has legisla- tive power in matters pertaining to the maintenance and 2 5 9 26o CIVIL GOVERNMENT OF MISSOURI. opening of highways, levying of taxes, and providing for the care of paupers. It has charge of all county property and finances, including the permanent county school fund, and a superintending control over all county business. Other county officers elected for four years are : a judge ^^ of the probate court, who administers the other Officers. ^ ' law with regard to the property of deceased persons, and has the appointment and removal of guardians and administrators of estates ; a sheriff, who is charged with the execution of the decrees of the courts ; a county clerk, who has charge of all the records and all papers belonging to the county court, and exercises various executive functions ; a circuit clerk, who has similar duties in connection with the circuit court, and who in some of the less populous counties keeps the records of deeds, mortgages, etc. ; a recorder of deeds in most of the counties ; a coroner, who, with a jury of six persons, inquires into the cause of death of those who die by violence or casualty ; an assessor, to assess the value of taxable property ; a collector, to collect the taxes ; a treas- urer, to receive and care for the county funds ; a surveyor ; a public administrator ; two or more justices of the peace in each township ; and a county superintendent of schools, who examines applicants for teachers' certificates, organizes the county teachers' association, reports the educational statis- tics annually to the State superintendent, and has general supervision over the schools of the county. County officers elected every two years are : a prosecuting attorney, who prosecutes or defends all cases in which the county or State is interested, and is the legal adviser of the grand jury and county officers ; and at least one constable for each township, whose duty it is to serve warrants, writs of attachment, subpoenas, or other legal processes. The county superintendent of schools is elected at the school district meetings in April ; the other county officers at the regular elections in November. COUNTY, TOWNSHIP, AND SCHOOL DISTRICT. 26 1 The counties are divided by the county court into muni- cipal townships, which may or may not be distinct organ- izations, and are not to be confounded intmicipai with the congressional townships established Townships. by the United States land surveys. The latter are simply territorial subdivisions, and have no political significance whatever. Townships without organization are simply polit- ical subdivisions established for convenience of administra- tion, with boundaries which may be changed at the discre- tion of the county court. Any county may, however, by a majority vote, adopt " township organization," whereby its townships may become incorporate bodies, with powers of local government and officers of their own. The county court can change the boundaries of such townships only when authorized to do so by a two-thirds majority of the voters of the townships concerned. In organized townships, officers are elected for two years on the last Tuesday of March, and are : a township trustee, who is also treasurer and member of the board of directors ; a township collector ; a township clerk, who is also assessor ; one constable ; two members of the township board of di- rectors ; and two or more justices of the peace. The board of directors meets at least three times a year, at the office of the clerk, and has power to audit accounts, to approve or disapprove claims against the township, to divide the town- ship into convenient road districts, and to levy taxes for township purposes. School districts are the simplest political corporations of the State. They must contain at least twenty pupils of school age (six to twenty years), and must ° ^ . School Districts. mamtam separate schools for white and col- ored pupils for at least eight months annually. The voters of the district, in annual school meeting on the first Tues- day of April, determine the length (over eight months) of 262 CIVIL GOVERNMENT OF MISSOURI. the school term, and amount of school levy in excess of 40 cents on ^100 ; vote funds for the school library ; decide as to the disposition of school property, location of schoolhouses, and as to changes in boundaries of district ; and ballot for county superintendent, and for one of three school directors, who hold office for three years. The school directors elect a clerk and a president, and exercise government and con- trol over the school property of the district. They make rules for the organization and grading of the schools, employ teachers, visit the schools, enumerate the pupils, and esti- mate to the county clerk the probable annual cost of main- taining the schools of the district. LESSON LXXIX. — CITIES AND VILLAGES. Whenever the population becomes so dense in any local- ity that the forms of township or county Classification. , , ^ ,i j r government are inadequate to the needs 01 the people, that locality may be marked off in definite limits, and incorporated as a city or a village. The General Assembly has passed general laws providing for the incorporation of cities in four classes, depending on their population, and defining and prescribing the organiza- tion and duties of the various branches of city government in each class. The classes are as follows : a city of the first class contains 75,000 or more inhabitants; a city of the second class contains from 30,000 to 100,000 inhabit- ants ; a city of the third class contains from 3,000 to 30,000 inhabitants ; a city of the fourth class contains from 500 to 3,000 inhabitants. Cities, therefore, owe their polit- ical existence to the General Assembly, which, though it cannot legislate for any one city by name, may at any time CITIES AND VILLAGES. 263 change the general laws affecting one or more classes of cities. With the single exception of the city of St. Louis, the cities and villages of the State remain parts of the coun- ties in which they are situated ; are subject to county as well as State taxation ; and their citizens may serve as county officers. Unincorporated cities and towns are incorporated by declaration of the county court. Unlike the other cities of the State, St. Louis receives special mention in the State constitution (see pp. 322— 325), and, in its relation to the State government, occupies the position of a county. The General Assembly, however, has the same control over St. Louis as over the other cities of the State, limited, however, by the provisions of the scheme and charter, which is part of the constitution. The powers and duties of a city government depend upon its class ; the extent of the powers, and the poivers and intricacy of the organization, increasing Duties. from cities of the fourth class to cities of the first class. In general, the powers and duties of a city government are those which are naturally required to meet the wants of a dense population. The more important are to grade, pave, light, and sewer the streets ; to regulate the construction of buildings ; to maintain police and fire departments ; to pre- vent the spread of contagious diseases and to abate nui- sances ; to maintain public schools ; to provide an abundant supply of pure water ; to control the liquor traffic ; to care for parks and other public places ; to collect taxes ; to regulate the pubHc wharves and piers for shipping ; to pro- vide and control pubhc hospitals and poorhouses ; and, in general, to see that each citizen has the largest liberty of action compatible with the liberty of his neighbor. For the better performance of its duties, the government of the cities of each class is divided into legislative, exec- utive, and judicial departments. 264 CIVIL GOVERNMENT OF MISSOURI. The lawmaking power is vested in a body composed of representatives from each of the wards into which the city is divided. In cities of the fourth class this ... Zicgislative. body IS called the Board of Aldermen. In cities of the third class, which must contain at least four wards, it is called the Council. In cities of the second class, and in St. Joseph and Kansas City, it is called the Common Council. In St. Louis it is called the Municipal Assembly. The St. Joseph common council consists of five members elected by the city at large. In Kansas City and St. Louis the lawmaking body is composed of two houses, the members of one being elected by the city at large, and those of the other being elected from the wards. It is the duty of these various legislative bodies to make laws, which are called ordinances, for the government of the city. The mayor of each city has the right of veto, but ordinances may be passed over his veto by a two-thirds vote of all the members. The principal executive officer of a city is the mayor. It is his duty to see that the laws and ordi- JSucecutive. ^ , . 1 1 • nances are enforced. In this work he is assisted by a number of administrative officers, or boards, who are elected or appointed, and who have charge of par- ticular departments. The principal administrative officers of the various classes of cities are as follows : — Fourth Class. Third Class. Marshal. Marshal. Collector. Police judge. City assessor. Attorney. Street commissioner. Treasurer. City attorney. Assessor. City clerk. Collector. Treasurer, Street commissioner. City clerk. CITIES AND VILLAGES. 265 First and Second Classes. Police judge. Attorney. Treasurer. Comptroller. Auditor. Board of Public "Works. City clerk. Engineer. Assessor. Counselor. Board of Police Com- missioners. St. Louis. Comptroller. Register. Auditor. Treasurer. Collector. Recorder of deeds. Inspector of meas- ures and weights. Sheriff. Coroner. Marshal. Public administrator. President Board of Assessors. President Board of Public Improve- ment. License collector. City counselor. District assessors. Superintendents of hospitals, work- house, etc. Supt. fire alarm and telegraph. Chief of fire depart- ment. Assessor of water rates. Police judges. City attorney. Jailer. Health Commissioner. Supply Commissioner. Comm'rs of streets, sewers, water, etc. In cities of the fourth class, the mayor, the marshal, and the collector are elected by the people every two years ; the others are appointed by the mayor, with the consent of the board of aldermen, or the board may provide for the election of all except the treasurer. In cities of the third class the officers named are elected by the people, with the exception of the street commissioner (who is appointed by the mayor) and the city clerk (who is elected by the coun- cil) . In cities of the first and second classes the mayor and the first four or five officers named are elected by the people, and the others hold office by appointment. In St. Louis the mayor and the first fourteen officers named are elected, and the remainder are appointed. Kansas City, like St. Louis, has framed a special charter for itself (p. 321), and its officers differ somewhat from those of other cities of the first class. The judicial powers of cities of the fourth class are vested in a mayor's court, though the board of aldermen may 266 CIVIL GOVERNMENT OF MISSOURI. provide for the election of a police judge to exercise these functions. In cities of the third class the judicial function is vested in a poHce court, the police judge tfudicial. y • ^ -i t • • being elected every two years. In cities of the second and first classes the judicial power is vested in one or more police courts, the police judges being elected in most cities, but appointed by the mayor in St. Louis. Appeal lies from these courts to the regular circuit and other higher courts. In some of the larger cities the mass of legal business is so great that additional courts are established. Thus common pleas courts may be established in cities of 3,500 inhabitants and over; and in the larger cities there may be criminal courts. Villages may be incorporated or unincorporated. All ruiage Govern- Unincorporated towns having less than 500 menu inhabitants are declared by the statutes to be villages. They have no powers or organization, and are governed by the township or county in which they are situ- ated. A village may be incorporated by the county court upon application of two thirds of its taxable inhabitants. The organization of such incorporated village is similar to that of a city. The lawmaking power is vested in a board of five trustees, unless the village contains more than 2,500 inhabitants, in which case the board consists of nine mem- bers. The trustees are elected annually. The executive and judicial powers are vested in a chairman of this board, who is assisted in his executive functions by an assessor, collector, constable or marshal, and treasurer, appointed by the board. The election of both village and city officers is held on the first Tuesday after the first Monday of April. CHAPTER XXIV. LESSON LXXX. — TAXATION. We have seen (Lesson XXVI.) that the National Govern- ment has the power to levy taxes to defray its expenses and to pay the principal and interest on the , national debt, and that all taxes are of two kinds, — direct and indirect. But to carry on the work of the state, county, township, city, and village governments, already described, large sums of money are required, which must be raised by taxation. These local taxes are, for the most part, direct taxes levied on property. Property is of two kinds, — real and personal. Real property, or real estate as it is sometimes called, consists of lands and houses. Personal property, or personal estate, includes every species of property except lands and houses. In order that these taxes may be justly levied, that is, in order that no man shall be compelled to ^ Assessment. pay a larger share in proportion to the amount of his property than another has to pay, it becomes important that the money value of all property shall be accurately determined. For this purpose, assessors are appointed in counties, townships, cities, and villages. The assessors prepare hsts of all the property, together with the owners' names, within their respective locahties, and deter- mine at what value the property shall be rated for the pur- pose of taxation. This process is called assessing the prop- Short Civ. Gov. Mo. Ed.— 18. 2 6 7 268 CIVIL GOVERNMENT OF MISSOURI. erty. There is provision made by which a tax-payer who thinks his property is valued too high may appeal from the decision of the assessor and have the decision reviewed. In counties, townships, villages, and cities of the third and fourth classes, such appeal is taken to a board of equaliza- tion, consisting of the judges of the county court, the surveyor, and the county assessor, or, in counties with township or- ganization, the sheriff in place of the assessor. In cities of the first and second classes these appeals are taken to local boards. In the assessment of property by local assessors the same basis of valuation may not be adopted in different localities. Taxes which are levied on property in several localities — as state and county taxes and those of the larger cities — would manifestly be unfair if the basis of valuation were not uniform. It is therefore necessary that the local assessments shall be reviewed by some central body, and reduced to a uniform basis. This process is called equalization^ and is performed for the various townships and smaller municipahties in a county by the county board of equalization above alluded to ; for the various wards of the larger cities, by city boards of equalization, consisting of the president of the board of as- sessors and four discreet, experienced land-owners of the city, appointed by the judges of the circuit court ; and for the counties of the State, by the State board of equalization, consisting of the governor. State auditor. State treasurer, secretary of state, and attorney-general. This board meets annually at the State capital. The amount of tax to be raised for the State and its vari- ous subdivisions is determined by the re- Jjevying Taxes. . , . . . , ,. , . i spective legislative bodies, subject to the constitutional limit. The rate of taxation for the State is fixed by the General Assembly ; the rate for each county, by. TAXATION. 269 its county court ; the rate for each city, by the council or board of aldermen ; and the rate for school purposes, by the board of directors. Boards of equalization, both state and county, have been created for equitably adjusting inequali- ties in the assessed valuation of property. As the state and school taxes are added to the county tax, and all three to the township tax, in collection of counties having township organization, only Taxes. one collection is necessary. This is made by the township collector, who turns over the school and township tax col- lections to the township treasurer, and the amount collected for the state and county taxes to the county treasurer, who in turn remits the amount of the state tax to the state treasurer. In counties not having township organization, the county collector collects all state, county, and school taxes. In the larger cities, the state and school taxes are collected by the city collectors. In order to secure the speedy payment of taxes, it has been found necessary to impose penalties for their non-payment. Ciurrent taxes are due Sept. i of each year, and if not paid by Jan. i next fol- lowing, they become delinquent, and interest is charged at the rate of one per cent a month till paid. If taxes on real estate remain delinquent for twelve months, the property is sold by the sheriff under a judgment of the court, and the purchaser is given a perfect title. In the case of personal property, the collector is empowered to seize and sell the same for delinquent- taxes. CHAPTER XXV. LESSON LXXXL — EDUCATION. As ours is a governmen*: of the people, by the people, and for the people, it long ago became with us a fixed principle of government that those who govern (namely, the people) should reach the highest degree of inteUigence attainable, that they might be able to govern wisely. One principal means of securing intelligence is education ; and, as it cannot safely be left to private enterprise to educate the whole mass of the people, common or public schools have been estabHshed for this purpose in every State in the Union. But this is not the only reason for their establishment. Idleness is one of the most fruitful sources of crime. And as some degree of education is necessary for the performance of almost any work, the common schools tend to prevent crime by prepar- ing their pupils for the duties of life. It is cheaper, and it is better policy every way, for the State to spend the tax- payers' money for the support of schools than for the sup- port of prisons and reformatories ; though, unfortunately, many of the latter must still be maintained. The work of supporting the common schools falls princi- pally upon the State, but much is also done National, • -, ^ mi tt • j by the National Government. The United States Government maintains an academy at West Point for the education of army officers ; an academy at Annapolis 270 EDUCATION. 271 for the education of naval officers ; a school for deaf-mutes at Washington, D. C. ; a school in connection with the Sig- nal Service Bureau at Fort Whipple, Va. ; and schools for the education of Indians. Congress in 1867 established a Bureau of Education at Washington, which collects educa- tional information and publishes it for the benefit of edu- cators in all parts of the country. In addition, Congress has frequently made large grants of land and money to the States for the support of schools. A system of common schools is now established in every State in the Union. In Missouri the coun- ties are divided into school districts, and in each district, school must be held for at least eight months annually, provided a tax of forty cents on the one hundred dollars assessed valuation of taxable property within the dis- trict, together with the moneys received from the public funds, shall be sufficient therefor. In the district schools throughout the State, as a rule, in- struction is given in English in the foUow- , District Schools. mg elementary branches : spelhng, readmg, penmanship, arithmetic, grammar, geography, history of the United States, civil government, and physiology and hygiene with special instruction as to tuberculosis and the effects of alcoholic drinks, stimulants, and narcotics upon the human system. The schools of each district are under the general supervision of three school directors. Each city or incorporated village is generally organized into a separate school district, under the ,.,,_,. T City Schools, control of a board of education, composed of six or more directors, elected for three years. These boards perform duties similar to those of the district direc- tors, but on a larger scale, and appoint a principal or super- intendent, who supervises the work of the schools. The city system generally embraces primary or ward schools, 272 CIVIL GOVERNMENT OF MISSOURI. corresponding to the common district schools ; and high schools, in which higher or academic branches are taught, such as the rudiments of higher mathematics, the natural sciences, and ancient and modern languages. As good teachers are a prime requisite in making good schools, the State is divided into five dis- Normal Schools, . . 1 /- i • i i • i t i 1 tricts, in each of which there is estabhshed a normal school for the training of white teachers. These five normal schools are located at Kirksville, Warrensburg, Cape Girardeau, Springfield, and Maryville. In the second district, at Jefferson City, there is also established a normal school, known as Lincoln Institute, for the training of colored teachers. Each of these schools is under the general control and management of a board of regents, consisting of the State superintendent of schools and six members appointed by the governor, with the advice and consent of the Senate. These boards make all needful rules for the government of the respective normal schools, pre- pare the course of instruction, and appoint and dismiss all officers and teachers. In addition to the normal schools, there are many Teachers' Cer- summcr schools which give instruction to tificates. tcachcrs. Work in normal schools and in accredited summer schools may be accepted in lieu of examinations for teachers' certificates. In each county the county superintendent of schools examines teachers at stated times, and issues certificates to quaHfied teachers. No one can teach in the public schools of the State who has not received a certificate. Separate teachers' institutes for the training and licensing of colored teachers are held at such times and places as the State Board of Education may deem necessary. The county text-book commission consists of the super- intendent and two teachers — one appointed by the county EDUCATION. 273 court and the other by the State Board of Education. This commission selects the text-books which may be used in the county, and makes contracts for the same for a period of five years. The State University is estabhshed at Columbia, Boone County, under the control of a board of^ _ . state Universtty. nine curators, appointed for six years by the governor, with the advice and consent of the Senate. All residents of the State between the ages of sixteen and twenty-five years, who possess the requisite scholastic and moral quahfications, are admitted to any department of the State University upon the payment of a nominal incidental fee. An Agricultural College at Columbia, and a School of Mines at Rolla, are made distinct depart- ^^^^^^^^^^^^^^ ments of the State University. The course lege and school in these colleges includes classical studies, ofMtnes. but more particular attention is devoted to their respective sciences. The general supervision and control of the educational affairs of the State is in the hands of the Superintendent superintendent of public schools as presi- of Public dent of the State Board of Education, the s<^J^oois. other members of which are the governor, secretary of state, and attorney-general. His principal duties are to apportion the public-school fund among the different coun- ties of the State ; to interpret school law, give instructions for carrying the law into effect, and advice in cases of dis- pute ; to examine applicants and grant State certificates ; and to take general supervision of the educational interests of the State. He makes a report to the General Assembly at each session (and to the governor when the General As- sembly is not in session) , giving all required statistical in- formation, and making such suggestions as he may think proper. 2 74 CIVIL GOVERNMENT OF MISSOURI. The public schools are supported by money derived from three sources: (i) the income from per- Support. manent state, county, and township school funds; (2) an appropriation from the State treasury ; and (3) local taxes. The permanent funds were derived largely from the sale of the public lands, the proceeds of the six- teenth section of land in each congressional township being set apart for this purpose. These funds are constantly in- creasing by the addition of the proceeds of unclaimed es- tates ; fines, penalties, and forfeitures ; the sale of swamp lands ; and money from other sources, as provided by law ; and now amount to more than thirteen million dollars. In conformity with the Constitution, the General Assem- bly makes a direct appropriation from the State treasury for the support of the public schools, the Constitution providing that not less than twenty-five per cent of the State revenue shall be applied annually to this purpose. The appropria- tion is usually one third of the State revenue, and, together with the income from the State school fund, is apportioned among the various districts of the State in proportion to their school population. The income from the county school fund is distributed among the various districts of the county, while the income from the township fund is used in the districts within the township. The larger part, how- ever, of the money required for the support of schools, is derived from a local school tax, which is imposed at the discretion of the school directors in each district, to the amount of forty cents on each one hundred dollars' worth of property. A larger local tax requires a direct appeal to the voters of the district. In the larger cities this tax is col- lected by the city collectors ; elsewhere, by the county collector. The total annual expense of the public school system of the State is over eight miUion dollars. CHAPTER XXVI. LESSON LXXXII. — THE MILITIA. The national Constitution gives power to Congress to provide for calling forth the militia to execute the laws of the Union, suppress insurrections, and repel invasions, and declares that the right of the people to keep and bear arms shall not be infringed. The organization and regulation of the militia are left in the power of the States. By the term *' mihtia " is meant the whole body of male citizens of the State between the ages of Definition. eighteen and forty-five years, as distm- guished from the regular army of the United States ; but the same term is popularly applied to the National Guard of Missouri, which consists of a few thousand men who drill regularly and are ready for actual service. Most of these men are organized in infantry regiments, but there are also smaller units of artillery, etc. The national guard conforms to the organization and regulations of the United States army. The President of the United States has the power to de- cide when an exigency exists for calling %ng or i. ^^^^i^ ^y^^ miUtia. He makes a requisition upon the governor of the State ; and when the militia is so called forth, it becomes a national militia. The governor is the commander-in-chief of the militia of the State, and has power to call it out to suppress insurrec- tion or rebellion within the State. In case of emergency it is the duty of the senior commander of the local militia to 275 276 CIVIL GOVERNMENT OF MISSOURI. call out his command upon the written request of the mayor or chief officer of any city or town, or the sheriif of any county. The organized militia forms one division, commanded by a major-general and divided into brigades, regiments, bat- tahons, companies, etc. The governor ap- Organization. . ,. ^ -, ^ • ^ pomts the adjutant-general and his other staff officers, and, with the advice and consent of the Sen- ate, the major-general and the brigadier-generals. The companies elect their own officers, but the regimental or field officers are elected by the officers of the various com- panies forming the regiment. The officers and men of the mihtia serve without pay; but the state suppHes uniforms, equipments, arms, ammuni- tion, etc. CONSTITUTION OF THE STATE OF MISSOURI. Preamble. We, the people of Missouri, with profound reverence for the Supreme Ruler of the Universe, and grateful for his goodness, do, for the better government of the State, estab- lish this Constitution. Article I. — boundaries. Section i. The boundaries of the State as heretofore established by law, are hereby ratified and confirmed. The State shall have concurrent jurisdiction on the river Missis- sippi, and every other river bordering on the State, so far as the said rivers shall form a common boundary to this State and any other State or States ; and the river Missis- sippi and the navigable rivers and waters leading to the same shall be common highways, and forever free to the citizens of this State and of the United States, without any tax, duty, impost or toll therefor, imposed by this State. Article II. — bill of rights. In order to assert our rights, acknowledge our duties, and proclaim the principles on which our government is founded, we declare: Section i. That all political power is vested in and de- rived from the people ; that all government of right origi- nates from the people, is founded upon their will only, and is instituted solely for the good of the whole. 27T 278 CIVIL GOVERNMENT OF MISSOURI. Sec. 2. That the people of this State have the inherent, sole and exclusive right to regulate the internal government and police thereof, and to alter and aboHsh their Constitu- tion and form of government whenever they may deem it necessary to their safety and happiness; Provided, such change be not repugnant to the Constitution of the United States. Sec. 3. That Missouri is a free and independent State, subject only to the Constitution of the United States ; and as the preservation of the States and the maintenance of their governments are necessary to an indestructible Union, and were intended to co-exist with it, the Legislature is not authorized to adopt, nor will the people of this State ever assent to, any amendment or change of the Constitution of the United States which may in anywise impair the right of local self-government belonging to the people of this State. Sec. 4. That all constitutional government is intended to promote the general welfare of the people ; that all persons have a natural right to life, liberty and the enjoyment of the gains of their own industry ; that to give security to these things is the principal office of government, and that when government does not confer this security, it fails of its chief design. Sec. 5. That all men have a natural and indefeasible right to worship Almighty God according to the dictates of their own conscience ; that no person can, on account of his religious opinions, be rendered ineligible to any office of trust or profit under this State, nor be disqualified from testify- ing, or from serving as a juror ; that no human authority can control or interfere with the rights of conscience ; that no person ought, by any law, to be molested in his person or estate, on account of his religious persuasion or profes- sion ; but the liberty of conscience hereby secured shall not be so construed as to excuse acts of licentiousness, nor to justify practices inconsistent with the good order, peace or safety of this State, or with the rights of others. Sec. 6. That no person can be compelled to erect, sup- STATE CONSTITUTION. 279 port, or attend any place or system of worship, or to main- tain or support any priest, minister, preacher or teacher of any sect, church, creed or denomination of rehgion ; but if any person shall voluntarily make a contract for any such object, he shall be held to the performance of the same. Sec. 7. That no money shall ever be taken from the public treasury, directly or indirectly, in aid of any church, sect or denomination of religion, or in aid of any priest, preacher, minister or teacher thereof as such ; and that no preference shall be given to, nor any discrimination made against, any church, sect or creed of religion, or any form of religious faith or worship. Sec. 8. That no religious corporation can be established in this State, except such as may be created under a general law for the purpose only of holding the title to such real estate as may be prescribed by law for church edifices, par- sonages and cemeteries. Sec. 9. That all elections shall be free and open ; and no power, civil or military, shall at any time interfere to pre- vent the free exercise of the right of suffrage. Sec. 10. The courts of justice shall be open to every person, and certain remedy afforded for every injury to per- son, property or character, and that right and justice should be administered without sale, denial or delay. Sec. 1 1 . That the people shall be secure in their persons, papers, homes and effects, from unreasonable searches and seizures ; and no warrant to search any place or seize any person or thing, shall issue without describing the place to be searched, or the person or thing to be seized, as nearly as may be ; nor without probable cause, supported by oath or affirmation reduced to writing. Sec. 12. {As amended, 1900.) No person shall be pros- ecuted criminally for felony or misdemeanor otherwise than by indictment or information, which shall be concurrent remedies, but this shall not be construed to apply to cases arising in the land or naval forces, or in the mihtia when in actual service in time of war or public danger. 28o CIVIL GOVERNMENT OF MISSOURI. Sec. 13. That treason against the State can consist only in levying war against it, or in adhering to its enemies, giv- ing them aid and comfort ; that no person can be convicted of treason, unless on the testimony of two witnesses to the same overt act, or on his confession in open court ; that no person can be attainted of treason or felony by the General Assembly ; that no conviction can work corruption of blood or forfeiture of estate ; that the estates of such persons as may destroy their own lives shall descend or vest as in cases of natural death ; and when any person shall be killed by casualty, there shall be no forfeiture by reason thereof. Sec. 14. That no law shall be passed impairing the free- dom of speech ; that every person shall be free to say, write or publish whatever he will on any subject, being responsi- ble for all abuse of that liberty ; and that in all suits and prosecutions for libel the truth thereof may be given in evi- dence, and the jury, under the direction of the court, shall determine the law and the fact. Sec. 1 5 . That no ex post facto law, nor law impairing the obligation of contracts, or retrospective in its operation, or making any irrevocable grant of special privileges or immu- nities, can be passed by the General Assembly. Sec. 16. That imprisonment for debt shall not be al- lowed, except for the non-payment of fines and penalties imposed for violation of law. Sec. 17. That the right of no citizen to keep and bear arms in defense of his home, person and property, or in aid of the civil power, when thereto legally summoned, shall be called in question ; but nothing herein contained is intended to justify the practice of wearing concealed weapons. Sec. 18. That no person elected or appointed to any office or employment of trust or profit under the laws of this State, or any ordinance of any municipality in this State, shall hold such office without personally devoting his time to the performance of the duties to the same belonging. Sec. 19. That no person who is now or may hereafter become a collector or receiver of public money, or assistant STATE CONSTITUTION. 28 1 or deputy of such collector or receiver, shall be ehgible to any office of trust or profit in the State of Missouri, under the laws thereof, or of any municipahty therein, until he shall have accounted for and paid over all the pubHc money for which he may be accountable. Sec. 20. That no private property can be taken for pri- vate use, with or without compensation, unless by the con- sent of the owner, except for private ways of necessity, and except for drains and ditches across the lands of others for agricultural and sanitary purposes, in such manner as may be prescribed by law ; and that whenever an attempt is made to take private property for a use alleged to be pubHc, the question whether the contemplated use be really pubhc shall be a judicial question, and as such judicially determined, without regard to any legislative assertion that the use is public. Sec. 21. That private property shall not be taken or damaged for public use without just compensation. Such compensation shall be ascertained by a jury or board of commissioners of not less than three freeholders, in such manner as may be prescribed by law ; and until the same shall be paid to the owner, or into court for the owner, the property shall not be disturbed or the proprietary rights of the owner therein divested. The fee of land taken for rail- road tracks without consent of the owner thereof shall re- main in such owner, subject to the use for which it is taken. Sec. 22. In criminal prosecutions the accused shall have the right to appear and defend, in person and by counsel ; to demand the nature and cause of the accusation ; to meet the witnesses against him face to face ; to have process to compel the attendance of witnesses in his behalf ; and a speedy public trial by an impartial jury of the county. Sec. 23. That no person shall be compelled to testify against himself in a criminal cause, nor shall any person after being once acquitted by a jury be again, for the same offense, put in jeopardy of life or liberty ; but if the jury to which the question of his guilt or innocence is submitted fail 282 CIVIL GOVERNMENT OF MISSOURI. to render a verdict, the court before which the trial is had may, in its discretion, discharge the jury and commit or bail the prisoner for trial at the next term of court, or if the state of business will permit, at the same term ; and if judgment be arrested after a verdict of guilty on a defective indict- ment, or if judgment on a verdict of guilty be reversed for error in law, nothing herein contained shall prevent a new trial of the prisoner on a proper indictment, or according to correct principles of law. Sec. 24. That all persons shall be bailable by sufficient sureties, except for capital offenses, when the proof is evi- dent or the presumption great. Sec. 25. That excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishment inflicted. Sec. 26. That the privilege of the writ of habeas corpus shall never be suspended. Sec. 27. That the mihtary shall always be in strict subor- dination to the civil power ; that no soldier shall, in time of peace, be quartered in any house without the consent of the owner, nor in time of war except in the manner prescribed by law. Sec. 28. {^As amended, 1900.) The right of trial by jury, as heretofore enjoyed, shall remain inviolate ; but a jury for the trial of criminal or civil cases, in courts not of record, may consist of less than twelve men, as may be pre- scribed by law ; and that a two-thirds majority of such num- ber prescribed by law concurring may render a verdict in all civil cases ; and that in the trial by jury of all civil cases in courts of record three- fourths of the members of the jury concurring may render a verdict. Hereafter a grand jury shall consist of twelve men, any nine of whom concurring may find an indictment or a true bill : Provided, however, that no grand jury shall be convened except upon an order of a judge of a court having the power to try and determine felonies ; but when so assembled such grand jury shall have STATE CONSTITUTION. 283 power to investigate and return indictments for all character and grades of crime. Sec. 29. That the people have the right peaceably to assemble for their common good, and to apply to those in- vested with the powers of government for redress of griev- ances, by petition or remonstrance. Sec. 30. That no person shall be deprived of life, liberty or property without due process of law. Sec. 31. That there cannot be in this State either slavery or involuntary servitude, except as a punishment for crime, whereof the party shall have been duly convicted. Sec. 32. The enumeration in this Constitution of certain rights shall not be construed to' deny, impair or disparage others retained by the people. Article III. — the distribution of powers. The powers of government shall be divided into three distinct departments — the legislative, executive and judicial — each of which shall be confided to a separate magistracy, aifd no person, or collection of persons, charged with the exercise of powers properly belonging to one of those de- partments, shall exercise any power properly belonging to either of the others, except in the instances in this Consti- tution expressly directed or permitted. Article IV. — legislative department. Section i. The legislative power, subject to the limita- tions herein contained, shall be vested in a Senate and House of Representatives, to be styled " The General Assembly of the State of Missouri." {Vox Amendment of Yf^o'^^'s^^^^.^'^'^^ representation and apportionment. Sec. 2. The House of Representatives shall consist of members to be chosen every second year by the qualified voters of the several counties, and apportioned in the fol- 284 CIVIL GOVERNMENT OF MISSOURI. lowing manner : The ratio of representation shall be ascer- tained at each apportioning session of the General Assembly, by dividing the whole number of inhabitants of the State, as ascertained by the last decennial census of the United States, by the number two hundred. Each county having one ratio, or less, shall be entitled to one Representative ; each county having two and a half times said ratio shall be enti- tled to two Representatives ; each county having four times said ratio shall be entitled to three Representatives ; each county having six times such ratio shall be entitled to four Representatives, and so on above that number, giving one additional member for every two and a half additional ratios. Sec. 3. When any county shall be entitled to more than one Representative, the county court shall cause such county to be subdivided into districts of compact and contiguous territory, corresponding in number to the Representatives to which such county is entitled, and in population as nearly equal as may be, in each of which the qualified voters shall elect one Representative, who shall be a resident of such district : Provided, that when any county shall be entitled to more than ten Representatives, the circuit court shall cause such county to be subdivided into districts, so as to give each district not less than two nor more than four Rep- resentatives, who shall be residents of such district — the population of the districts to be proportioned to the number of Representatives to be elected therefrom. Sec. 4. No person shall be a member of the House of Representatives who shall not have attained the age of twenty-four years, who shall not be a male citizen of the United States, who shall not have been a qualified voter of this State two years, and an inhabitant of the county or dis- trict which he may be chosen to represent one year next before the day of his election — if such county or district shall have been so long established, but if ,not, then of the county or district from which the same shall have been taken — and who shall not have paid a State and county tax within one year next preceding the election. STATE CONSTITUTION. 285 Sec. 5. The Senate shall consist of thirty-four members, to be chosen by the qualified voters of their respective dis- tricts for four years. For the election of Senators the State shall be divided into convenient districts, as nearly equal in population as may be, the same to be ascertained by the last decennial census taken by the United States. Sec. 6. No person shall be a Senator who shall not have attained the age of thirty years, who shall not be a male citizen of the United States, who shall not have been a qualified voter of this State three years, and an inhabitant of the district which he may be chosen to represent one year next before the day of his election—if such district shall have been so long established, but if not, then of the district or districts from which the same shall have been taken — and who shall not have paid a State and county tax within one year next preceding the election. When any county shall be entitled to more than one Senator, the cir- cuit court shall cause such county to be subdivided into dis- tricts of compact and contiguous territory, and of popula- tion as nearly equal as may be, corresponding in number with the Senators to which such county may be entitled ; and in each of these one Senator, who shall be a resi- dent of such district, shall be elected by the qualified voters thereof. Sec. 7. Senators and Representatives shall be chosen according to the rule of apportionment established in this Constitution, until the next decennial census by the United States shall have been taken, and the result thereof as to this State ascertained, when the apportionment shall be re- vised and adjusted on the basis of that census, and every ten years thereafter upon the basis of the United States cen- sus, or if such census be not taken, or is delayed, then on the basis of a State census — such apportionment to be made at the first session of the General Assembly after each such census : Provided, that if at any time, or from any cause, the General Assembly shall fail or refuse to district the State for Senators, as required in this section, it shall be the duty 2 86 CIVIL GOVERNMENT OF MISSOURI. of the Governor, Secretary of State and Attorney-General, within thirty days after the adjournment of the General As- sembly on which such duty devolved, to perform said duty, and to file in the office of the Secretary of State a full state- ment of the districts formed by them, including the names of the counties embraced in each district, and the numbers thereof — said statement to be signed by them, and attested by the Great Seal of the State, and upon the proclamation of the Governor, the same shall be as binding and effectual as if done by the General Assembly. Sec. 8. ((9/" only temporary effect; provided the appor- tionment of Representatives for 1876-1881.) Sec. 9. Senatorial and representative districts may be altered, from time to time, as public convenience may re- quire. When any senatorial district shall be composed of two or more counties, they shall be contiguous — such dis- tricts to be as compact as may be — and in the formation of the same no county shall be divided. Sec. 10. The first election of Senators and Representa- tives, under this Constitution, shall be held at the general election in the year one thousand eight hundred and seventy- six, when the whole number of Representatives, and the Senators from the districts having odd numbers, who shall compose the first class, shall be chosen; and in one thou- sand eight hundred and seventy-eight, the Senators from the districts having even numbers, who shall compose the second class ; and so on at each succeeding general election, half the Senators provided for by this Constitution shall be chosen. Sec. II. (^Of only temporary effect; provided the senato- rial districts for 1876-1881.) Sec. 12. No Senator or Representative shall, during the term for which he shall have been elected, be appointed to any office under this State or any municipality thereof; and no member of Congress or person holding any lucrative office under the United States, or this State, or any munici- pality thereof (miUtia officers, justices of the peace and no- STATE CONSTITUTION. 287 taries public excepted), shall be eligible to either house of the General Assembly, or remain a member thereof, after having accepted any such office or seat in either house of Congress. Sec. 13. If any Senator or Representative remove his residence from the district or county for which he was elected, his office shall thereby be vacated. Sec. 14. Writs of election to fill such vacancies as may occur in either house of the General Assembly shall be issued by the Governor. Sec. 15. Every Senator and Representative elect, be- fore entering upon the duties of his office, shall take and subscribe the following oath or affirmation : " I do solemnly swear [or affirm] that I will support the Constitution of the United States and of the State of Missouri, and faithfully perform the duties of my office ; and that I will not know- ingly receive, directly or indirectly, any money or other valuable thing, for the performance or non-performance of any act or duty pertaining to my office, other than the com- pensation allowed by law." The oath shall be administered in the halls of their respective houses, to the members thereof, by some judge of the Supreme court, or the Cir- ' cuit court or the County court of Cole county, or, after the organization, by the presiding officer of either house, and shall be filed in the office of the Secretary of State. Any member of either house refusing to take said oath or affirma- tion shall be deemed to have thereby vacated his office, and any member convicted of having violated his oath or affir- mation shall be deemed guilty of perjury, and be forever thereafter disqualified from holding any office of trust or profit in this State. Sec. 16. The members of the General Assembly shall severally receive from the pubHc treasury such compensation for their services as may, from time to time, be provided by law, not to exceed five dollars per day for the first seventy days of each session, and after that not to exceed one dollar per day for the remainder of the session, except the first ses- 288 CIVIL GOVERNMENT OF MISSOURI. sion held under this Constitution, and during revising ses- sions, when they may receive five dollars per day for one hundred and twenty days, and one dollar per day for the remainder of such sessions. In addition to per diem, the members shall be entitled to receive traveling expenses or mileage, for any regular and extra session, not greater than now provided by law ; but no member shall be entitled to traveling expenses or mileage for any extra session that may be called within one day after an adjournment of a regular session. Committees of either house, or joint committees of both houses, appointed to examine the institutions of the State, other than those at the seat of government, may re- ceive their actual expenses, necessarily incurred while in the performance of such duty — the items of such expenses to be returned to the chairman of such committee, and by him certified to the State Auditor, before the same, or any part thereof, can be paid. Each member may receive at each regular session an additional sum of thirty dollars, which shall be in full for all stationery used in his official capacity, and all postage, and all other incidental expenses and per- quisites ; and no allowance or emoluments, for any purpose whatever, shall be made to or received by the members, or any member of either house, or for their use, out of the con- tingent fund or otherwise, except as herein expressly pro- vided ; and no allowance or emolument, for any purpose whatever, shall ever be paid to any officer, agent, servant or employe of either house of the General Assembly, or of any committee thereof, except such per diem as may be pro- vided for by law, not to exceed five dollars. Sec. 17. Each house shall appoint its own officers ; shall be sole judge of the quahfications, election and returns of its own members ; may determine the rules of its own pro- ceedings, except as herein provided ; may arrest and punish by fine not exceeding three hundred dollars, or imprison- ment in a county jail not exceeding ten days, or both, any person, not a member, who shall be guilty of disrespect to the house by any disorderly or contemptuous behavior in its STATE CONSTITUTION. 289 presence during its sessions ; may punish its members for disorderly conduct, and, with the concurrence of two-thirds of all members elect, may expel a member ; but no member shall be expelled a second time for the same cause. Sec. 18. A majority of the whole number of members of each house shall constitute a quorum to do business ; but a smaller number may adjourn from day to day, and may compel the attendance of absent members in such manner and under such penalties as each house may provide. Sec. 19. The sessions of each house shall be held with open doors, except in cases which may require secrecy. Sec. 20. The General Assembly elected in the year one thousand eight hundred and seventy-six shall meet on the first Wednesday after the first day of January, one thousand eight hundred and seventy-seven ; and thereafter the Gen- eral Assembly shall meet in regular session once only in every two years ; and such meeting shall be on the first Wednesday after the first day of January next after the elections of the members thereof. Sec. 21. Every adjournment or recess taken by the General Assembly for more than three days shall have the effect of and be an adjournment sine die. Sec. 22. Every adjournment or recess taken by the Gen- eral Assembly for three days or less shall be construed as not interrupting the session at which they are had or taken, but as continuing the session for all the purposes mentioned in section sixteen of this article. Sec. 23, Neither house shall, without the consent of the other, adjourn for more than two days at any one time, nor to any other place than that in which the two houses may be sitting. LEGISLATIVE PROCEEDINGS. Sec. 24. The style of the laws of this State shall be: ''Beit enacted by the General Assembly of the State of Mis- souri, as follow s.^^ Sec. 25. No law shall be passed, except by bill, and no 290 CIVIL GOVERNMENT OF MISSOURI. bill shall be so amended in its passage through either house as to change its original purpose. Sec. 26. Bills may originate in either house, and may be amended or rejected by the other ; and every bill shall be read on three diiferent days in each house. Sec. 27. No bill shall be considered for final passage unless the same has been reported upon by a committee and printed for the use of the members. Sec. 28. No bill (except general appropriation bills, which may embrace the various subjects and accounts for and on account of which moneys are appropriated, and ex- cept bills passed under the third subdivision of section forty- four of this article) shall contain more than one subject, which shall be clearly expressed in its title. Sec. 29. All amendments adopted by either house to a bill pending and originating in the same shall be incorpo- rated with the bill by engrossment, and the bill, as thus en- grossed, shall be printed for the use of the members before its final passage. The engrossing and printing shall be under the supervision of a committee, whose report to the house shall set forth, in writing, that they find the bill truly engrossed, and that the printed copy furnished to the mem- bers is correct. Sec. 30. If a bill passed by either house be returned thereto, amended by the other, the house to which the same is returned shall cause 'the amendment or amendments so received to be printed under the same supervision as pro- vided in the next preceding section, for the use of the mem- bers, before final action on such amendments. Sec. 31. No bill shall become a law unless on its final passage the vote be taken by yeas and nays, the names of the members voting for and against the same be entered on the journal, and a majority of the members elected to each house be recorded thereon as voting in its favor. Sec. 32. No amendment to bills by one house shall be concurred in by the other, except by a vote of a majority of the members elected thereto, taken by yeas and nays, and STATE CONSTITUTION. 29 1 the names of those voting for and against recorded upon the journal thereof; and reports of committees of conference shall be adopted in either house only by the vote of a major- ity of the members elected thereto, taken by yeas and nays, and the names of those voting recorded upon the journal. Sec. 2)?)' No act shall be revived or re-enacted by mere reference to the title thereof, but the same shall be set forth at length, as if it were an original act. Sec. 34. No act shall be amended by providing that designated words thereof be stricken out, or that designated words be inserted, or that designated words be stricken out and others inserted in lieu thereof ; but the words to be stricken out, or the words to be inserted, or the words to be stricken out and those inserted in lieu thereof, together with the act or section amended, shall be set forth in full as amended. Sec. 35. When a bill is put- upon its final passage in either house, and, failing to pass, a motion is made to re- consider the vote by which it was defeated, the vote upon such motion to reconsider shall be immediately taken, and the subject finally disposed of before the house proceeds to any other business. Sec. 2i(i' No law passed by the General Assembly, except the general appropriation act, shall take effect or go into force until ninety days after the adjournment of the session at which it was enacted, unless in case of an emergency (which emergency must be expressed in the preamble or in the body of the act), the General Assembly shall, by a vote of two-thirds of all the members elected to each house, otherwise direct — said vote to be taken by yeas and nays, and entered upon the journal. Sec. 37. No bill shall become a law until the same shall have been signed by the presiding officer of each of the two houses in open session ; and before such officer shall affix his signature to any bill, he shall suspend all other business, declare that such bill will now be read, and that, if no ob- jections be made, he will sign the same to the end that it 292 CIVIL GOVERNMENT OF MISSOURI. may become a law. The bill shall then be read at length, and if no objections be made, he shall, in presence of the house in open session, and before any other business is en- tertained, affix his signature, which fact shall be noted on the journal, and the bill immediately sent to the other house. When it reaches the other house, the presiding officer thereof shall immediately suspend all other business, announce the reception of the bill, and the same proceedings shall there- upon be observed, in every respect, as in the house in which it was first signed. If in either house any member shall object that any substitution, omission or insertion has oc- curred, so that the bill proposed to be signed is not the same in substance and form as when considered and passed by the house, or that any particular clause of this article of the Constitution has been violated in its passage, such ob- jection shall be passed upon by the house, and if sustained, the presiding officer shall withhold his signature ; but if such objection shall not be sustained, then any five members may embody the same, over their signatures, in a written pro- test, under oath, against the signing of the bill. Said pro- test, when offered in the house, shall be noted upon the journal, and the original shall be annexed to the bill, to be considered by the Governor in connection therewith. Sec. 38. When the bill has been signed, as provided for in the preceding section, it shall be the duty of the Secretary of the Senate, if the bill originated in the Senate, and of the Chief Clerk of the House of Representatives, if the bill originated in the House, to present the same in person, on the same day on which it was signed as aforesaid, to the Governor, and enter the fact upon the journal. Every bill presented to the Governor, and returned within ten days to the house in which the same originated, with the approval of the Governor, shall become a law, unless it be in viola- tion of some provision of this Constitution. Sec. 39. Every bill presented as aforesaid, but returned without the approval of the Governor, and with his objec- tions thereto, shall stand as reconsidered in the house to STATE CONSTITUTION. ^93 which it is returned. The house shall cause the objections of the Governor to be entered at large upon the journal, and proceed, at its convenience, to consider the question pending, which shall be in this form : '' Shall the bill pass, the objections of the Governor thereto notwithstanding?" The vote upon this question shall be taken by yeas and nays, and the names entered upon the journal, and if two-thirds of all the members elected to the house vote in the affirma- tive, the presiding officer of that house shall certify that fact on the roll, attesting the same by his signature, and send the bill, with the objections of the Governor, to the other house, in which like proceedings shall be had in relation thereto ; and if the bill receive a hke majority of the votes of all the members elected to that house, the vote being taken by yeas and nays, the presiding officer thereof shall, in like manner, certify the fact upon the bill. The bill thus certified shall be deposited in the office of the Secretary of State, as an authentic act, and shall become a law in the same manner and with like effect as if it had received the approval of the Governor. Sec. 40. Whenever the Governor shall fail to perform his duty, as prescribed in section twelve, Article V of this Constitution, in relation to any bill presented to him for his approval, the General Assembly may, by joint resolution, reciting the fact of such failure and the bill at length, direct the Secretary of State to enroll the same as an authentic act, in the archives of the State, and such enrollment shall have the same effect as an approval by the Governor: Provided, that such joint resolution shall not be submitted to the Governor for his approval. Sec. 41. Within five years after the adoption of this Constitution, all the statute laws of a general nature, both civil and criminal, shall be revised, digested and promul- gated in such manner as the General Assembly shall direct ; and a like revision, digest and promulgation shall be made at the expiration of every subsequent period of ten years. Sec. 42. Each house shall, from time to time, publish a 294 CIVIL GOVERNMENT OF MISSOURI. journal of its proceedings, and Jthe yeas and nays on any question shall be taken and entered on the journal at the motion of any two members. Whenever the yeas and nays are demanded, the whole list of members shall be called, and the names of the absentees shall be noted and pub- lished in the journal. LIMITATION OF LEGISLATIVE POWER. Sec. 43. All revenue collected and moneys received by the State, from any source whatsoever, shall go into the treasury, and the General Assembly shall have no power to divert the same, or to permit money to be drawn from the treasury, except in pursuance of regular appropriations made by law. All appropriations of money by the successive General Assemblies shall be made in the following order : First — For the payment of all interest upon the bonded debt of the State that may become due during the term for which each General Assembly is elected. Second — For the benefit of the sinking fund, which shall not be less annually than two hundred and fifty thousand dollars. Third — For free public school purposes. Fourth — For the payment of the cost of assessing and collecting the revenue. Fifth — For the payment of the civil list. Sixth — For the support of the eleemosynary institutions of the State. Seventh — For the pay of the General Assembly, and such other purposes, not herein prohibited, as it may deem neces- sary ; but no General Assembly shall have power to make any appropriation of money for any purpose whatsoever, until the respective sums necessary for the purposes in this section specified have been set apart and appropriated, or to give priority in its action to a succeeding over a preceding item as above enumerated. Sec. 44. The General Assembly shall have no power to contract or to authorize the contracting of any debt or lia- STATE CONSTITUTION. 295 bility on behalf of the State, or to issue bonds or other evi- dences of indebtedness thereof, except in the following cases : First — In renewal of existing bonds, when they cannot be paid at maturity, out of the sinking fund or other re- sources. Second — On the occurring of an unforeseen emergency, or casual deficiency of the revenue when the temporary lia- bihty incurred, upon the recommendation of the Governor first had, shall not exceed the sum of two hundred and fifty thousand dollars for any one year, to be paid in not more than two years from and after its creation. Third — On the occurring of any unforeseen emergency or casual deficiency of the revenue, when the temporary HabiHty incurred or to be incurred shall exceed the sum of two hundred and fifty thousand dollars for any one year, the General Assembly may submit an act providing for the loan, or for the contracting of the liability, and containing a provision for levying a tax sufficient to pay the interest and principal when they become due (the latter in not more than thirteen years from the date of its creation), to the qualified voters of the State, and when the act so submitted shall have been ratified by a two-thirds majority, at an election held for that purpose, due publication having been made of the provisions of the act for at least three months before such election, the act thus ratified shall be irrepeal- able until the debt thereby incurred shall be paid, principal and interest. Sec. 45. (As amended, 1900.) The General Assembly shall have no power to give or to lend, or to authorize the giving or lending of the credit of the State in aid of or to any person, association or corporation, whether municipal or other, or to pledge the credit of the State in any manner whatsoever, for the payment of the liabiHties, present or prospective, of any individual, association of individuals, municipal or other corporation whatsoever : Provided, that the General Assembly shall have the power to appropriate from funds in the State sinking fund, being the proceeds of 296 CIVIL GOVERNMENT OF MISSOURI. the tax authorized under section 14 of article X of the Constitution, to an amount not exceeding one million dol- lars for the exhibition of the resources, products and indus- tries of the State in the centennial celebration of the Louisiana purchase in the city of St. Louis. Sec. 46. The General Assembly shall have no power to make any grant or to authorize the making of any grant of public money or thing of value to any individual, associa- tion of individuals, municipal or other corporation whatso- ever : Provided, that this shall not be so construed as to prevent the grant of aid in a case of pubHc calamity. Sec. 47. {^As amended, 1892.) The General Assembly shall have no power to authorize any county, city, town or township, or other poHtical corporation or subdivision of the State now existing, or that may be hereafter established, to lend its credit or to grant public money or thing of value in aid of or to any individual, association or corporation what- soever, or to become a stockholder in such corporation, association or company : Provided, that this shall not be so construed as to prohibit the General Assembly from provid- ing by law for authorizing the creation, maintenance and management of a fund for the pensioning of crippled and disabled firemen, and for the relief of the widows and minor children of deceased firemen, by such ■ cities, villages or in- corporated towns as may have an organized fire department — said fund to be taken from the municipal revenue of such cities, villages or incorporated towns. Sec. 48. The General Assembly shall have no power to grant or to authorize any county or municipal authority to grant any extra compensation, fee or allowance to a public officer, agent, servant or contractor, after service has been rendered or a contract has been entered into and performed in whole or in part, nor pay nor authorize the payment of any claim hereafter created against the State, or any county or municipality of the State, under any agreement or con- tract made without express authority of law ; and all such unauthorized agreements or contracts shall be null and void. STATE CONSTITUTION. 297 Sec. 49. The General Assembly shall have no power hereafter to subscribe or authorize the subscription of stock on behalf of the State, in any corporation or association, except for the purpose of securing loans heretofore extended to certain railroad corporations by the State. Sec. 50. The General Assembly shall have no power to release or alienate the lien held by the State upon any rail- road, or in anywise change the tenor or meaning or pass any act explanatory thereof ; but the same shall be enforced in accordance with the original terms upon which it was acquired. Sec. 51. The General Assembly shall have no power to release or extinguish, or authorize the releasing or extin- guishing, in whole or in part, the indebtedness, UabiUty or obUgation of any corporation or individual to this State, or to any county or other municipal corporation therein. Sec. 52. The General Assembly shall have no power to make any appropriation of money, or to issue any bonds or other evidences of indebtedness for the payment or on account or in recognition of any claims audited or that may hereafter be audited by virtue of an act entided "An act to audit and adjust the war debt of the State," approved March 19, 1874, or any act of a similar nature, until after the claims so audited shall have been presented to and paid by the Government of the United States to the State of Missouri. Sec. 53. The General Assembly shall not pass any local or special law : Authorizing the creation, extension or impairing of hens ; Regulating the affairs of counties, cities, townships, wards or school districts ; Changing the names of persons or places ; Changing the venue in civil or criminal cases ; Authorizing the laying out, opening, altering or maintain- ing roads, highways, streets or alleys ; Relating to ferries or bridges, or incorporating ferry or bridge companies, except for the erection of bridges cross- 298 CIVIL GOVERNMENT OF MISSOURI. ing streams which form boundaries between this and any other State ; Vacating roads, town plats, streets or alleys ; Relating to cemeteries, grave-yards or public grounds not of the State ; Authorizing the adoption or legitimation of children ; Locating or changing county seats ; Incorporating cities, towns or villages, or changing their charters ; For the opening and conducting of elections, or fixing or changing the places of voting ; Granting divorces ; Erecting new townships, or changing township lines, or the lines of school districts ; Creating offices, or prescribing the powers and duties of officers in counties, cities, townships, election or school dis- tricts ; Changing the law of descent or succession 5 Regulating the practice or jurisdiction of or changing the rules of evidence in any judicial proceeding or inquiry be- fore courts, justices of the peace, sheriffs, commissioners, arbitrators or other tribunals, or providing or changing methods for the collection of debts, or the enforcing of judgments, or prescribing the effect of judicial sales of real estate ; Regulating the fees or extending the powers and duties of aldermen, justices of the peace, magistrates or con- stables ; Regulating the management of public schools, the build- ing or repairing of school-houses, and the raising of money for such purposes ; Fixing the rate of interest ; Affecting the estates of minors or persons under disability ; Remitting fines, penalties and forfeitures, or refunding moneys legally paid into the treasury ; Exempting property from taxation ; Regulating labor, trade, mining or manufacturing ; STATE CONSTITUTION. 299 Creating corporations, or amending, renewing, extending or explaining the charter thereof ; Granting to any corporation, association or individual any special or exclusive right, privilege or immunity, or to any corporation, association or individual the right to lay down a railroad track ; Declaring any named person of age ; Extending the time for the assessment or collection of taxes, or otherwise relieving any assessor or collector of taxes from the due performance of their official duties, or their securities from HabiHty ; Giving effect to informal or invalid wills or deeds ; Summoning or empaneling grand or petit juries ; For hmitation of civil actions ; Legalizing the unauthorized or invahd acts of any offi- cer or agent of the State, or of any county or municipality thereof. In all other cases where a general law can be made apphcable, no local or special law shall be enacted ; and whether a general law could have been made applicable in any case is hereby declared a judicial question, and as such shall be judicially determined without regard to any legislative assertion on that subject ; Nor shall the General Assembly indirectly enact such special or local law by the partial repeal of a general law ; but laws repealing local or special acts may be passed. Sec. 54. No local or special law shall be passed unless notice of the intention to apply therefor shall have been pubHshed in the locahty where the matter or thing to be affected may be situated,' which notice shall state the sub- stance of the contemplated law, and shall be published at least thirty days prior to the introduction into the General Assembly of such bill, and in the manner to be provided by law. The evidence of such notice having been pub- lished shall be exhibited in the General Assembly before such act shall be passed, and the notice shall be recited in the act according to its tenor. Sec. 55. The General Assembly shall have no power, 300 CIVIL GOVERNMENT OF MISSOURI. when convened in extra session by the Governor, to act upon subjects other than those specially designated in the proclamation by which the session is called, or recom- mended by special message to its consideration by the Gov- ernor after it shall have been convened. Sec. 56. The General Assembly shall have no power to remove the seat of government of this State from the City of Jefferson. Article V. — executive department. Section i. The Executive department shall consist of a Governor, Lieutenant-Governor, Secretary of State, State Auditor, State Treasurer, Attorney- General and Superintend- ent of Public Schools, all of whom, except the Lieutenant- Governor, shall reside at the seat of government during their term of office, and keep the public records, books and papers there, and shall perform such duties as may be pre- scribed by law. Sec. 2. The term of office of the Governor, Lieuten- ant-Governor, Secretary of State, State Auditor, State Treasurer, Attorney- General and Superintendent of Public Schools shall be four years from the second Monday of January next after their election, and until their successors are elected and qualified ; and the Governor and State Treasurer shall be ineligible to re-election as their own suc- cessors. At the general election to be held in the year one thousand eight hundred and seventy-six, and every four years thereafter, all of such officers, except the Superintend- ent of Public Schools, shall be elected, and the Superin- tendent of Public Schools shall be elected at the general election in the year one thousand eight hundred and sev- enty-eight, and every four years thereafter. Sec. 3. The returns of every election for the above named officers shall be sealed up and transmitted by the returning officers to the Secretary of State, directed to the Speaker of the House of Representatives, who shall, im- mediately after the organization of the House, and before STATE CONSTITUTION. 3OI proceeding to other business, open and publish the same in the presence of a majority of each house of the General Assembly, who shall for that purpose assemble in the hall of the House of Representatives. The person having the highest number of votes for either of said offices shall be declared duly elected ; but if two or more shall have an equal and the highest number of votes, the General Assem- bly shall, by joint vote, choose one of such persons for said office. Sec. 4. The supreme executive power shall be vested in a chief magistrate, who shall be styled " The Governor of the State of Missoiuri." Sec. 5. The Governor shall be at least thirty-five years old, a male, and shall have been a citizen of the United States ten years, and a resident of this State seven years next before his election. Sec. 6. The Governor shall take care that the laws are distributed and faithfully executed ; and he shall be a con- servator of the peace throughout the State. Sec. 7. • The Governor shall be commander-in-chief of the militia of this State, except when they shall be called into the service of the United States, and may call out the same to execute the laws, suppress insurrection and repel invasion ; but he need not command in person unless directed so to do by a resolution of the General Assembly. Sec. 8. The Governor shall have power to grant re- prieves, commutations and pardons, after conviction, for all offenses, except treason and cases of impeachment, upon such condition and with such restrictions and limitations as he may think proper, subject to such regulations as may be provided by law relative to the manner of applying for par- dons. He shall, at each session of the General Assembly, communicate to that body each case of reprieve, commuta- tion or pardon granted, stating the name of the convict, the crime of which he was convicted, the sentence and its date, the date of the commutation, pardon or reprieve, and the reason for granting the same. 302 CIVIL GOVERNMENT OF MISSOURI. Sec. 9. The Governor shall, from time to time, give to the General Assembly information relative to the state of the government, and shall recommend to its consideration such measures as he shall deem necessary and expedient. On extraordinary occasions he may convene the General As- sembly by proclamation, wherein he shall state specifically each matter concerning which the action of that body is deemed necessary. Sec. 10. The Governor shall, at the commencement of each session of the General Assembly, and at the close of his term of office, give information by message of the con- dition of the State, and shall recommend such measures as he shall deem expedient. He shall account to the General Assembly, in such manner as may be prescribed by law, for all moneys received and paid out by him from any funds subject to his order, with vouchers, and at the com- mencement of each regular session, present estimates of the amount of money required to be raised by taxation for all purposes. Sec. 1 1 . When any office shall become vacant, the Gov- ernor, unless otherwise provided by law, shall appoint a person to fill such vacancy, who shall continue in office until a successor shall have been duly elected or appointed and qualified according to law. Sec. 12. The Governor shall consider all bills and joint resolutions which, having been passed by both houses of the General Assembly, shall be presented to him. He shall, within ten days after the same shall have been pre- sented to him, return to the house in which they respect- ively originated all such bills and joint resolutions, with his approval indorsed thereon, or accompanied by his objec- tions : Provided, that if the General Assembly shall finally adjourn within ten days after such presentation, the Gov- ernor may, within thirty days thereafter, return such bills and resolutions to the office of the Secretary of State, with his approval or reasons for disapproval. Sec. 13. If any bill presented to the Governor contain STATE CONSTITUTION. 303 several items of appropriation of money, he may object to one or more items while approving other portions of the bill. In such case, he shall append to the bill, at the time of signing it, a statement of the items to which he objects, and the appropriations so objected to shall not take effect. If the General Assembly be in session, he shall transmit to the house in which the bill originated a copy of such state- ment, and the items objected to shall be separately recon- sidered. If it be not in session, then he shall transmit the same within thirty days to the office of Secretary of State, with his approval or reasons for disapproval. Sec. 14. Every resolution to which the concurrence of the Senate and House of Representatives may be necessary, except on questions of adjournment, of going into joint session, and of amending this Constitution, shall be pre- sented to the Governor, and before the same shall take effect shall be proceeded upon in the same manner as in the case of a bill : Provided, that no resolution shall have the effect to repeal, extend, alter or amend any law. Sec. 15. The Lieutenant-Governor shall possess the same qualifications as the Governor, and by virtue of his office shall be President of the Senate. In committee of the whole, he may debate all questions ; and when there is an equal division he shall give the casting vote in the Senate, and also in joint vote of both houses. Sec. 16. In case of death, conviction or impeachment, failure to qualify, resignation, absence from the State, or other disability of the Governor, the powers, duties and emoluments of the office for the residue of the term, or until the disability shall be removed, shall devolve upon the Lieutenant-Governor. Sec. 17. The Senate shall choose a President /r^ tempore to preside in cases of the absence or impeachment of the Lieutenant-Governor, or when he shall hold the office of Governor. If there be no Lieutenant-Governor, or the Lieutenant-Governor shall, for any of the causes specified in section sixteen of this article, become incapable of per- 304 CIVIL GOVERNMENT OF MISSOURI. forming the duties of the office, the President of the Sehate shall act as Governor until the vacancy is filled or the dis- ability removed ; and if the President of the Senate, for any of the above named causes, shall become incapable of per- forming the duties of Governor, the same shall devolve upon the Speaker of the House of Representatives, in the same manner and with the same powers and compensation as are prescribed in the case of the office devolving upon the Lieu- tenant-Governor. Sec. 18. The Lieutenant-Governor or the President pro tempore of the Senate, while presiding in the Senate, shall receive the same compensation as shall be allowed to the Speaker of the House of Representatives. Sec. 19. No person shall be eligible to the office of Sec- retary of State, State Auditor, State Treasurer, Attorney- General, or Superintendent of Public Schools, unless he be a male citizen of the United States and at least twenty-five years old, and shall have resided in this State at least five years next before his election. Sec. 20. The Secretary of State shall be the custodian of the seal of the State, and authenticate therewith all offi- cial acts of the Governor, his approval of laws excepted. The said seal shall be called the " Great Seal of the State of Missouri," and the emblems and devices thereof, heretofore prescribed by law, shall not be subject to change. Sec. 2 1 . The Secretary of State shall keep a register of the official acts of the Governor, and when necessary, shall attest them, and lay copies of the same, together with copies of all papers relative thereto, before either house of the General Assembly, whenever required to do so. Sec. 22. An account shall be kept by the officers of the Executive department of all moneys and choses in action disbursed or otherwise disposed of by them, severally, from all sources, and for every service performed ; and a semi- annual report thereof shall be made to the Governor under oath. The Governor may at any time require information, in writing, under oath, from the officers of the Executive STATE CONSTITUTION. 305 department, and all officers and managers of State institu- tions, upon any subject relating to the condition, manage- ment and expenses of their respective offices and institu- tions ; which information, when so required, shall be fur- nished by such officers and managers ; and any officer or manager who at any time shall make a false report shall be guilty of perjury and punished accordingly. Sec. 23. The Governor shall commission all officers not otherwise provided for by law. All commissions shall run in the name and by the authority of the State of Missouri, be signed by the Governor, sealed with the Great Seal of the State of Missouri, and attested by the Secretary of State. Sec. 24. The officers named in this article shall receive for their services a salary to be established by law, which shall not be increased or diminished during their official terms ; and they shall not, after the expiration of the terms of those in office at the adoption of this Constitution, re- ceive to their own use any fees, costs, perquisites of office, or other compensation. All fees that may hereafter be pay- able by law for any service performed by any officer pro- vided for in this article shall be paid in advance into the State treasury. Sec. 25. Contested elections of Governor and Lieuten- ant-Governor shall be decided by a joint vote of both houses of the General Assembly, in such manner as may be pro- vided by law ; and contested elections of Secretary of State, State Auditor, State Treasurer, Attorney-General and Super- intendent of Public Schools shall be decided before such tribunal and in such manner as may be provided by law. Article VI. — ^judicial department. Section i. The judicial power of the State, as to matters of law and equity, except as in this Constitution otherwise provided, shall be vested in a Supreme court, the St. Louis court of appeals, circuit courts, criminal courts, probate courts, county courts, and municipal corporation courts. Sec. 2. The Supreme court, except in cases otherwise 306 CIVIL GOVERNMENT OF MISSOURI. directed by this Constitution, shall have appellate jurisdic- tion only, which shall be co-extensive with the State, under the restrictions and Hmitations in this Constitution provided. Sec. 3. The Supreme court shall have a general superin- tending control over all inferior courts. It shall have power to issue writs of habeas corpus, mandamus , quo warranto, certioraiH, and other original remedial writs, and to hear and determine the same. Sec. 4. The judges of the Supreme court shall hold office for the term of ten years. The judge oldest in commission shall be Chief Justice of the court ; and, if there be more than one commission of the same date, the court may select the Chief Justice from the judges holding the same. Sec. 5. The Supreme court shall consist of [five judges, any three of whom shall constitute a quorum] (^see Amend- ment of 1890, p. 351) ; and said judges shall be conservators of the peace throughout the State, and shall be elected by the quahfied voters thereof Sec. 6. The judges of the Supreme court shall be citizens of the United States, not less than thirty years old, and shall have been citizens of this State for five years next preceding their election or appointment, and shall be learned in the law. Sec. 7. The full terms of the judges of the Supreme court shall commence on the first day of January next ensu- ing their election, and those elected to fill any vacancy shall also enter upon the discharge of their duties on the first day of January next ensuing such election. Those appointed shall enter upon the discharge of their duties as soon as quahfied. Sec. 8. The present judges of the Supreme court shall remain in office until the expiration of their respective terms of office. To fill their places as their terms expire, one judge shall be elected at the general election in eighteen hundred and seventy-six, and one every two years thereafter. Sec. 9. The Supreme court shall be held at the seat of government at such times as may be prescribed by law ; and STATE CONSTITUTION. 307 until Otherwise directed by law, the terms of said court shall commence on the third Tuesday in October and April of each year. Sec. ID. The State shall provide a suitable court-room at the seat of government, in which the Supreme court shall hold its sessions ; also a clerk's office, furnished offices for the judges, and the use of the State Hbrary. Sec. II. If, in any cause pending in the Supreme court or the St. Louis court of appeals, the judges sitting shall be equally divided in opinion, no judgment shall be entered therein based on such division ; but the parties to the cause may agree upon some person, learned in the law, to act as special judge in the cause, who shall therein sit with the court, and give decision in the same manner and with the same effect as one of the judges. If the parties cannot agree upon a special judge, the court shall appoint one. Sec. 12. There is hereby established in the city of St. Louis an appellate court, to be known as the ** St. Louis court of appeals," the jurisdiction of which shall be co- extensive with the city of St. Louis and the counties of St. Louis, St. Charles, Lincoln and Warren {see Amendment of 1884, p. 348, affecting Sees. 12, 13, 27). Said court shall have power to issue writs of habeas corpus, quo warranto, mandamus^ certiora7'i, and other original remedial writs, and to hear and determine the same, and shall have a superin- tending control over all inferior courts of record in said counties. Appeals shall lie from the decisions of the St. Louis court of appeals to the Supreme court, and writs of error may issue from the supreme court to said court in the following cases only : In all cases where the amount in dis- pute, exclusive of costs, exceeds the sum of two thousand five hundred dollars ; in cases involving the construction of the constitution of the United States or of this State ; in cases where the validity of a treaty or statute of or authority exercised under the United States is drawn in question ; in cases involving the construction of the revenue laws of th?s 3o8 CIVIL GOVERNMENT OF MISSOURI. State, or the title to any office under this State ; in cases in- volving the title to real estate ; in cases where a county or other political subdivision of the State or any State officer is a party, and in all cases of felony. Sec. 13. The St. Louis court of appeals shall consist of three judges, to be elected by the quaHfied voters of the city of St. Louis, and the counties of St. Louis, St. Charles, Lin- coln and Warren, who shall hold their offices for the period of twelve years. They shall be residents of the district composed of said counties, shall possess the same qualifica- tions as judges of the Supreme court, and each shall receive the same compensation as is now, or may be, provided by law for the judges of the circuit court of St. Louis county, and be paid from the same sources : Provided, that each of said counties shall pay its proportional part of the same, according to its taxable property. Sec. 14. The judges of said court shall be conservators of the peace throughout said counties. Any two of said judges shall constitute a quorum. There shall be two terms of said court to be held each year, on the first Monday of March and October, and the first term of said court shall be held on the first Monday in January, 1876. Sec. 15. The opinions of said court shall be in writing, and shall be filed in the cases in which they shall be respect- ively made, and become parts of their record ; and all laws relating to the practice in the Supreme court shall apply to this court, so far as the same may be applicable. Sec. 16. At the first general election held in said city and counties after the adoption of this Constitution, three judges of said court shall be elected, who shall determine by lot the duration of their several terms of office, which shall be respectively, four, eight and twelve years, and certify the result to the Secretary of State ; and every four years there- after one judge of said court shall be elected, to hold office for the term of twelve years. The term of office of such judges shall begin on the first Monday in January next en- suing their election. The judge having the oldest Hcense to STATE CONSTITUTION. 309 practice law in this State shall be the presiding judge of said court. Sec. 17. Upon the adoption of this Constitution the Governor shall appoint three judges for said court, who shall hold their offices until the first Monday of January, eighteen hundred and seventy-seven, and until their successors shall be duly qualified. Sec. 18. The clerk of the Supreme court at St. Louis shall be the clerk of the St. Louis court of appeals until the expiration of the term for which he was appointed clerk of the Supreme coiu-t, and until his successor shall be duly qualified. Sec. 19. All cases which may be pending in the Su- preme court at St. Louis at the time of the adoption of this Constitution, which by its terms would come within the final appellate jurisdiction of the St. Louis court of appeals, shall be certified and transferred to the St. Louis court of appeals, to be heard and determined by said court. Sec. 20. All cases coming to said court by appeal or writ of error shall be triable at the expiration of fifteen days from the filing of the transcript in the office of the clerk of said court. ■* Sec. 21. Upon the adoption of this Constitution, and after the close of the next regular terms of the Supreme court at St. Louis and St. Joseph,, as now estabhshed by law, the office of the clerk of the Supreme court at St. Louis and St. Joseph shall be vacated, and said clerks shall trans- mit to the clerk of the Supreme court at Jefferson City all the books, records, documents, transcripts and papers be- longing to their respective offices, except those required by section nineteen of this article to be turned over to the St. Louis court of appeals ; and said records, documents, tran- scripts and papers shall become part of the records, docu- ments, transcripts and papers of said Supreme court at Jef- ferson City, and said court shall hear and determine all the cases thus transferred as other cases. Sec. 22. The circuit court shall have jurisdiction over 3IO CIVIL GOVERNMENT OF MISSOURI. all criminal cases not otherwise provided for by law, ex- clusive original jurisdiction in all civil cases not otherwise provided for, and such concurrent jurisdiction with and ap- pellate jurisdiction from inferior tribunals and justices of the peace as is or may be provided by law. It shall hold its terms at such times and places in each county as may be by law directed ; but at least two terms shall be held every year in each county. Sec. 23. The circuit court shall exercise a superintending control over criminal courts, probate courts, county courts, municipal corporation courts, justices of the peace, and all inferior tribunals in each county in their respective circuits. Sec. 24. The State, except as otherwise provided in this Constitution, shall be divided into convenient circuits of contiguous counties, in each of which circuits one circuit judge shall be elected ; and such circuits may be changed, enlarged, diminished or abolished from time to time, as public convenience may require ; and whenever a circuit shall be abolished, the office of the judge of such circuit shall cease. Sec. 25. The judges of the circuit courts shall be elected by the '^ qualified voters of each circuit; shall hold their offices for the term of six years, and shall reside in and be conservators of the peace within their respective circuits. Sec. 26. No person shall be eligible to the office of judge of the circuit court who shall not have attained the age of thirty years, been a citizen of the United States five years, a qualified voter of this State for three years, and who shall not be a resident of the circuit in which he may be elected or appointed. Sec. 27. The circuit court of St. Louis county shall be composed of five judges, and such additional number as the General Assembly may, from time to time, provide. Each of said judges shall sit separately for the trial of causes and the transaction of business in special term. The judges of said circuit court may sit in general term, for the purpose of making rules of court, and for the transaction of such STATE CONSTITUTION. 311 Other business as may be provided by law, at such time as they may determine ; but shall have no power to review any order, decision or proceeding of the court in special term. The St. Louis court of appeals shall have exclusive jurisdiction of all appeals from and writs of error to the circuit courts of St. Charles, Lincoln and Warren counties, and the circuit court of St. Louis county, in special term, and all courts of record having criminal jurisdiction in said counties. Sec. 28. In any circuit composed of a single county, the General Assembly may, from time to time, provide for one or more additional judges, as the business shall require ; each of whom shall separately try cases and perform all other duties imposed upon circuit judges. Sec. 29. If there be a vacancy in the office of judge of any circuit, or if the judge be sick, absent, or from any cause unable to hold any term or part of term of court, in any county in his circuit, such term or part of term of court may be held by a judge of any other circuit ; and at the request of the judge of any circuit, any term of court or part of term in his circuit may be held by the judge of any other circuit ; and in all such cases, or in any case where the judge cannot preside, the General Assembly shall make such additional provision for holding court as may be found necessary. Sec. 30. The election of judges of all courts of record shall be held as is or may be provided by law, and in case of a tie or contested election between the candidates, the same shall be determined as prescribed by law. Sec. 31. The General Assembly shall have no power to establish criminal courts, except in counties having a popu- lation exceeding fifty thousand. Sec. 32. In case the office of judge of any court of record become vacant by death, resignation, removal, failure to qualify, or otherwise, such vacancy shall be filled in the manner provided by law. Sec. :^'^. The judges of the Supreme, appellate and cir- 312 CIVIL GOVERNMENT OF MISSOURI. cuit courts, and of all other courts of record receiving a salary, shall, at stated times, receive such compensation for their services as is or may be prescribed by law ; but it shall not be increased or diminished during the period for which they were elected. Sec. 34. The General Assembly shall establish in every county a probate court, which shall be a court of record, and consist of one judge, who shall be elected. Said court shall have jurisdiction over all matters pertaining to probate business, to granting letters testamentary and of administra- tion, the appointment of guardians and curators of minors and persons of unsound mind, settling the accounts of ex- ecutors, administrators, curators and guardians, and the sale or leasing of lands by administrators, curators and guard- ians ; and, also, jurisdiction over all matters relating to ap- prentices : Provided, that until the General Assembly shall provide by law for a uniform system of probate courts, the jurisdiction of probate courts heretofore established shall remain as now provided by law. Sec. 35. Probate courts shall be uniform in their organ- ization, jurisdiction, duties and practice, except that a sep- arate clerk may be provided for, or the judge may be required to act, ex officio, as his own clerk. Sec. 36. In each county there shall be a county court, which shall be a court of record, and shall have jurisdiction to transact all county and such other business as may be prescribed by law. The court shall consist of one or more judges, not exceeding three, of whom the probate judge may be one, as may be provided by law. Sec. 37. In each county there shall be appointed, or elected, as many justices of the peace as the public good may require, whose powers, duties and duration in office shall be regulated by law. Sec. 38. All writs and process shall run and all prose- cutions shall be conducted in the name of the "State of Missouri;" all writs shall be attested by the clerk of the court from which they shall be issued; and all indict- STATE CONSTITUTION. 313 ments shall conclude, "against the peace and dignity of the State." Sec. 39. The St. Louis court of appeals and Supreme court shall appoint their own clerks. The clerks of all other coiu-ts of record shall be elective, for such terms and in such manner as may be directed by law : Fravided, that the term of office of no existing clerk of any court of record, not abolished by this Constitution, shall be affected by such law. Sec. 40. In case there be a tie or a contested election be- tween candidates for clerk of any court of record, the same shall be determined in such manner as may be directed by law. Sec. 41. In case of the inability of any judge of a court of record to discharge the duties of his office with efficiency, by reason of continued sickness, or physical or mental in- firmity, it shall be in the power of the General Assembly, two-thirds of the members of each house concurring, with the approval of the Governor, to remove such judge from office ; but each house shall state on its respective journal the cause for which it shall wish his removal, and give him notice thereof, and he shall have the right to be heard in his defense, in such manner as the General Assembly shall by law direct. Sec. 42. All courts now exisiting in this State, not named or provided for in this Constitution, shall continue until the expiration of the terms of office of the several judges ; and as such terms expire, the business of said courts shall vest in the court having jurisdiction thereof in the counties where said courts now exist, and all the records and papers shall be transferred to the proper courts. Sec. 43. The Supreme court of the State shall designate what opinions delivered by the court, or the judges thereof, may be printed at the expense of the State ; and the General Assembly shall make no provision for payment by the State for the publication of any case decided by said court, not so designated. Sec. 44. All judicial decisions in this State shall be free for publication by any person. 3^4 CIVIL GOVERNMENT OF MISSOURI. Article VII. — impeachments. Section i. The Governor, Lieutenant-Governor, Secre- tary of State, State Auditor, State Treasurer, Attorney- General, Superintendent of Public Schools and Judges of the Supreme,, circuit and criminal courts, and of the St. Louis court of appeals, shall be liable to impeachment for high crimes or misdemeanors, and for misconduct, habits of drunkenness, or oppression in office. Sec. 2. The House of Representatives shall have the sole power of impeachment. All impeachments shall be tried by the Senate, and, when sitting for that purpose, the Senators shall be sworn to do justice according to law and evidence. When the Governor of the State is on trial, the Chief Justice of the Supreme court shall preside. No person shall be con- victed without the concurrence of two-thirds of the Senators present. But judgment in such cases shall not extend any further than removal from office, and disqualification to hold any office of honor, trust or profit under this State. The party, whether convicted or acquitted, shall, nevertheless, be liable to prosecution, trial, judgment and punishment ac- cording to law. Article VIII. — suffrage and elections. Section i. The general election shall be held biennially on the Tuesday next following the first Monday in Novem- ber. The first general election under this Constitution shall be held on that day in the year one thousand eight hundred and seventy-six ; but the General Assembly may, by law, fix a different day — two-thirds of all the members of each house consenting thereto. Sec. 2. Every male citizen of the United States, and every male person of foreign birth, who may have declared his intention to become a citizen of the United States ac- cording to law, not less than one year nor more than five years before he offers to vote, who is over the age of twenty- STATE CONSTITUTION. 315 one years, possessing the following qualifications, shall be entitled to vote at all elections by the people : First— Rq shall have resided in the State one year im- mediately preceding the election at which he offers to vote. Second— Hq shall have resided in the county, city or town where he shall offer to vote, at least sixty days immediately preceding the election. Sec. 3. All elections by the- people shall be by ballot; every ballot voted shall be numbered in the order in which it shall be received, and the number recorded by the elec- tion officers on the hst of voters, opposite the name of the voter who presents the ballot. The election officers shall be sworn or affirmed not to disclose how any voter shall have voted, unless required to do so as witnesses in a judi- cial proceeding : Provided, that in all cases of contested elections the ballots cast may be counted, compared with the Hst of voters, and examined under such safeguards and regulations as may be prescribed by law. Sec. 4. Voters shall, in all cases except treason, felony or breach of the peace, be privileged from arrest during their attendance at elections, and in going to and returning there- from. Sec. 5. The General Assembly shall provide, by law, for the registration of all voters in cities and counties having a population of more than one hundred thousand inhabitants, and may provide for such registration in cities having a population exceeding twenty-five thousand inhabitants and not exceeding one hundred thousand, but not otherwise. Sec. 6. All elections, by persons in a representative ca- pacity, shall be viva voce. Sec. 7. For the purpose of voting, no person shall be deemed to have gained a residence by reason of his presence, or lost it by reason of his absence, while employed in the service, either civil or military, of this State or of the United States, nor while engaged in the navigation of the waters of the State or of the United States, or of the high seas, nor while a student of any institution of learning, nor while kept 3l6 CIVIL GOVERNMENT OF MISSOURI. in a poor-house or other asylum at public expense, nor while confined in public prison. Sec. 8. No person, while kept at any poor-house or other asylum, at public expense, nor while confined in any pubhc prison, shall be entitled to vote at any election under the laws of this State. Sec. 9. The trial and determination of contested elec- tions of all pubHc officers, whether State, judicial, municipal or local, except Governor and Lieutenant-Governor, shall be by the courts of law, or by one or more of the judges thereof. The General Assembly shall, by general law, desig- nate the court or judge by whom the several classes of elec- tion contests shall be tried, and regulate the manner of trial and all matters incident thereto ; but no such law, assigning jurisdiction or regulating its exercise, shall apply to any contest arising out of any election held before said law shall take effect. Sec. 10. The General Assembly may enact laws exclud- ing from the right of voting all persons convicted of felony or other infamous crime, or misdemeanors connected with the exercise of the right of suffrage. Sec. II. No officer, soldier or marine, in the regular army or navy of the United States, shall be entitled to vote at any election in this State. Sec. 12. No person shall be elected or appointed to any office in this State, civil or military, who is not a citizen of the United States, and who shall not have resided in this State one year next preceding his election or appointment. Article IX. — counties, cities and towns. Section i . The several counties of this State, as they now exist, are hereby recognized as legal subdivisions of the State. Sec. 2. The General Assembly shall have no power to remove the county seat of any county, but the removal of county seats shall be provided for by general law ; and no county seat shall be removed unless two-thirds of the quali- STATE CONSTITUTION. 317 fied voters of the county, voting on the proposition at a general election, vote therefor; and no such proposition shall be submitted oftener than once in five years. All ad- ditions to a town which is a county seat shall be included, considered and regarded as part of the county seat. Sec. 3. The General Assembly shall have no power to estabhsh any new county with a territory of less than four hundred and ten square miles, nor to reduce any county, now established, to a less area or less population than re- quired for a ratio of representation existing at the time ; but when a new county is formed, having a population less than a ratio of representation, it shall be attached for representa- tive purposes to the county from which the greatest amount of territory is taken until such ratio shall be obtained. No county shall be divided or have any portion stricken there- from, without submitting the question to a vote of the people of the county, nor unless a majority of all the quahfied voters of the county or counties thus affected, voting on the question, shall vote therefor ; nor shall any new county be estabhshed, any line of which shall run within ten miles of the then existing county seat of any county. In all cases of the estabhshment of any new county, the new county shall be held for and obhged to pay its ratable proportion of all the habilities then existing of the county or counties from which said new county shall be formed. Sec. 4. No part of the territory of any county shall be stricken off and added to an adjoining county, without sub- mitting the question to the quahfied voters of the counties immediately interested, nor unless a majority of all the quali- fied voters of the counties thus affected, voting on the ques- tion, shall vote therefor. When any part of a county is stricken off and attached to another county, the part stricken off shall be holden for and obliged to pay its proportion of all the liabilities then existing of the county from which it is taken. Sec. 5. When any new county, formed from contiguous territory taken from older counties, or when any county to 3l8 CIVIL GOVERNMENT OF MISSOURI. which teiTi'tory shall be added taken from an adjoining county, shall fail to pay the proportion of indebtedness of such territory to the county or counties from which it is taken, then it may be lawful for any county from which such territory has been taken, to levy and collect, by taxation, the due proportion of indebtedness of such temtory, in the same manner as if the territory had not been stricken off. Set'. 6. No county, township, city or other municipality shall hereafter become a subscriber to the capital stock of any railroad or other corporation or association, or make appropriation or donation or loan its credit to or in aid of any such corporation or association, or to or in aid of any college or institution of learning, or other institution, whether created for or to be controlled by the State or others. All authority heretofore confeiTed for any of the purposes afore- said by the General Assembly, or by the charter of any cor- poration, is hereby repealed : P7'ovided^ howener, that nothing in this Constitution contained shall affect the right of any such municipality to make such subscription, where the same has been authorized under existing laws by a vote of the people of such municipality prior to its adoption, or to prevent the issue of renewal bonds or the use of such other means as are or may be prescribed by law, for the liquidation or payment of such subscription, or of any exist- ing indebtedness. Sa\ 7. The General Assembly shall provide, by general laws, for the organization and classification of cities and towns. The number of such classes shall not exceed four ; and the power of each class shall be defined by general laws, so that all such municipal corporations of the same class shall possess the same powers and be subject to the same restric- tions. The General Assembly shall also make provisions, by general law, whereby any city, town or village, existing by virtue of any special or local law, may elect to become subject to and be governed by the general laws relating to such corporations. Sec. 8. The General Assembly may provide, by general STATE CONSTITUTION. 319 law, for township organization, under which any county may organize whenever a majority of the legal voters of such county, voting upon that proposition, at any general election, shall so determine ; and whenever any county shall adopt township organization, so much of this Constitution as pro- vides for the management of county affairs, and the assess- ment and collection of the revenue by county officers, in conflict with such general law for township organization, may be dispensed with, and the business of said county, and the local concerns of the several townships therein, may be transacted in such manner as may be prescribed by law : Provided, that the justices of the county court in such case shall not exceed three in number. Sec. 9. In any county which shall have adopted town- ship organization, the question of continuing the same may be submitted to a vote of the electors of such county at a general election, in the manner that shall be provided by law \ and if a majority of all the votes cast upon that ques- tion shall be against township organization, it shall cease in said county, and all laws in force in relation to counties not having township organization shall immediately take effect and be in force in such county. Sec. 10. {As amended, 1906.) There shall be elected by the quahfied voters in each county, on the first Tuesday, next following the first Monday in November, a.d. 1908, and thereafter every four years, a sheriff and coroner. They shall serve for four years, and until their successors be duly elected and qualified, unless sooner removed for mal- feasance in office. Before entering on the duties of their office, they shall give security in the amount and in such manner as shall be prescribed by law. Whenever a county shall be hereafter estabhshed, the Governor shall appoint a sheriff and coroner therein, who shall continue in office until the next succeeding general election, and until their suc- cessors shall be duly elected and qualified. Sec. IT. Whenever a vacancy shall happen in the office of sheriff or coroner, the same shall be filled by the county 320 CIVIL GOVERNMENT OF MISSOURI. court. If such vacancy happen in the office of sheriff more than nine months prior to the time of holding a general elec- tion, such county court shall immediately order a special election to fill the same, and the person by it appointed shall hold office until the person chosen at such election shall be duly qualified ; otherwise, the person appointed by such county court shall hold office until the person chosen at such general election shall be duly qualified. If any va- cancy happen in the office of coroner, the same shall be filled for the remainder of the term by such county court. No person elected or appointed to fill a vacancy in either of said offices shall thereby be rendered ineligible for the next succeeding term. Sec. 12. The General Assembly shall, by a law uniform in its operation, provide for and regulate the fees of all county officers, and for this purpose may classify the coun- ties by population. Sec. 13. The fees of no executive or ministerial officer of any county or municipality, exclusive of the salaries actually paid to his necessary deputies, shall exceed the sum of ten thousand dollars for any one year. Every such offi- cer shall make return, quarterly, to the county court of all fees by him received, and of the salaries by him, actually paid to his deputies or assistants, stating the same in detail and verifying the same by his affidavit ; and for any state- ment or omission in such return, contrary to truth, such officer shall be liable to the penalties of willful and corrupt perjury. Sec. 14. Except as otherwise directed by this Constitu- tion, the General Assembly shall provide for the election or appointment of such other county, township and munici- pal officers as public convenience may require ; and their terms of office and duties shall be prescribed by law ; but no term of office shall exceed four years. Sec. 15. In all counties having a city therein containing over one hundred thousand inhabitants, the city and county government thereof may be consolidated in such manner as may be provided by law. STATE CONSTITUTION. 32 1 Sec. 16. Any city having a population of more than one hundred thousand inhabitants may frame a charter for its own government, consistent with and subject to the Con- stitution and laws of this State, by causing a board of thir- teen freeholders, who shall have been for at least five years qualified voters thereof, to be elected by the qualified voters of such city at any general or special election ; which board shall, within ninety days after such election, return to the chief magistrate of such city a draft of such charter, signed by the members of such board, or a majority of them. Within thirty days thereafter, such proposed charter shall be submitted to the qualified voters of such city at a general or special election, and if four-sevenths of such qualified voters voting thereat shall ratify the same, it shall, at the end of thirty days thereafter, become the charter of such city, and supersede any existing charter and amendments thereof. A duplicate certificate shall be made, setting forth the charter proposed and its ratification, which shall be signed by the chief magistrate of such city and authenticated by its cor- porate seal. One of such certificates shall be deposited in the office of the Secretary of State, and the other, after be- ing recorded in the office of the recorder of deeds for the county in which such city Hes, shall be deposited among the archives of such, city, and all courts shall take judicial notice thereof. Such charter, so adopted, may be amended by a proposal therefor, made by the law-making authorities of such city, published for at least thirty days in three news- papers of largest circulation in such city, one of which shall be a newspaper printed in the German language, and ac- cepted by three-fifths of the quahfied voters of such city, voting at a general or special election, and not otherwise ; but such charter shall always be in harmony with and sub- ject to the Constitution and laws of the State. Sec. 17. It shall be a feature of all such charters that they shall provide, among other things, for a mayor or chief magistrate and two houses of legislation, one of which at least shall be elected by general ticket ; and in submitting 322 CIVIL GOVERNMENT OF MISSOURI. any such charter or amendment thereto to the quahfied voters of such city, any alternative section or article may be presented for the choice of the voters, and may be voted on separately, and accepted or rejected separately, without prejudice to other articles or sections of the charter or any amendment thereto. Sec. 1 8. In cities or counties having more than two hundred thousand inhabitants, no person shall, at the same time, be a State officer and an officer of any county, city or other municipahty ; and no person shall, at the same time, fill two municipal offices, either in the same or different mu- nicipalities ; but this section shall not apply to notaries pub- lic, justices of the peace or officers of the militia. Sec. 19, The corporate authorities of any county, city or other municipal subdivision of this State having more than two hundred thousand inhabitants, which has already exceeded the limit of indebtedness prescribed in section twelve of article X of this Constitution, may, in anticipation of the customary annual revenue thereof, appropriate during any fiscal year, toward the general governmental expenses thereof, a sum not exceeding seven-eighths of the entire revenue apphcable to general governmental purposes (ex- clusive of the payment of the bonded debt of such county, city or municipality) that was actually raided by taxation alone during the preceding fiscal year ; but until such excess of indebtedness cease, no further bonded debt shall be in- curred, except for the renewal of other bonds. ST. LOUIS. Sec. 20. The city of St. Louis may extend its limits so as to embrace the parks now without its boundaries, and other convenient and contiguous territory, and frame a char- ter for the government of the city thus enlarged, upon the following conditions, that is to say : The council of the city and county court of the county of St. Louis shall, at the re- quest of the mayor of the city of St. Louis, meet in joint session and order an election, to be held as provided for STATE CONSTITUTION. 323 general elections by the qualified voters of the city and county, of a board of thirteen freeholders of such city or county, whose duty shall be to propose a scheme for the enlargement and definition of the boundaries of the city, the reorganization of the government of the county, the adjust- ment of the relations between the city thus enlarged and the residue of St. Louis county, and the government of the city thus enlarged, by a charter in harmony with and subject to the Constitution and laws of Missouri, which shall, among other things, provide for a chief executive and two houses of legislation, one of which shall be elected by general ticket ; which scheme and charter shall be signed in dupHcate by said board, or a majority of them, and one of them returned to the mayor of the city and the other to the presiding jus- tice of the county court within ninety days after the elec- tion of such board. Within thirty days thereafter the city council and county court shall submit such scheme to the qualified voters of the whole county, and such charter to the quaHfied voters of the city so enlarged, at an election to be held not less than twenty nor more than thirty days after the order therefor ; and if a majority of such qualified vot- ers, voting at such election, shall ratify such scheme and charter, then such scheme shall become the organic law of the county and city, and such charter the organic law of the city, and at the end of sixty days thereafter shall take the place of and supersede the charter of St. Louis, and all amendments thereof, and all special laws relating to St. Louis county inconsistent with such scheme. Sec. 21. A copy of such scheme and charter, with a cer- tificate thereto appended, signed by the mayor and authen- ticated by the seal of the city, and also signed by the pre- siding justice of the county court and authenticated by the seal of the county, setting forth the submission of such scheme and charter to the quahfied voters of such county and city, and its ratification by them, shall be made in du- plicate, one of which shall be deposited in the office of the Secretary of State, and the other, after being recorded in 324 CIVIL GOVERNMENT OF MISSOURI. the office of the recorder of deeds of St. Louis county, shall be deposited among the archives of the city, and thereafter all courts shall take judicial notice thereof. Sec. 22. {As amended, 1902.) The charter so ratified may be amended by proposals therefor submitted by the law-making authorities of the city to the qualified voters thereof, at a general or special election held at least sixty days after the publication of such proposals and accepted by three-fifths of the qualified voters voting for or against each of said amendments so submitted ; and the law-making authorities of such city may order an election by the quali- fied voters of the city of a board of thirteen freeholders of such city to prepare a new charter for such city, which said charter shall be in harmony with and subject to the Consti- tution and laws of the State, and shall provide, among other things, for a chief executive and at least one house of legis- lation to be elected by general ticket. Said revised charter shall be submitted to the qualified voters of such city at an election to be held not less than twenty nor more than thirty days after the order therefor, and if a majority of such quali- fied voters voting at such election ratify such charter, then said charter shall become the organic law of such city, and sixty days thereafter shall take effect and supersede the charter of such city and all special laws inconsistent therewith. Sec. 23. Such charter and amendments shall always be in harmony with and subject to the Constitution and laws of Missouri, except only that provision may be made for the graduation of the rate of taxation for city purposes in the portions of the city which are added thereto by the pro- posed enlargement of its boundaries. In the adjustment of the relations between city and county, the city shall take upon itself the entire park tax ; and in consideration of the city becoming the proprietor of all the county buildings and property within its enlarged limits, it shall assume the whole of the existing county debt, and thereafter the city and county of St. Louis shall be independent of each other. The city shall be exempted from all county taxation. The STATE CONSTITUTION. 325 judges of the county court shall be elected by the qualified voters outside of the city. The city, as enlarged, shall be entitled to the same representation in the General Assembly, collect the State revenue and perform all other functions in relation to the State in the same manner as if it were a county as in this Constitution defined ; and the residue of the county shall remain a legal county of the State of Mis- souri, under the name of the county of St. Louis. Until the next apportionment for Senators and Representatives in the General Assembly, the city shall have six Senators and fifteen Representatives, and the county one Senator and two Representatives, the same being the number of Senators and Representatives to which the county of St. Louis, as now organized, is entitled under sections eight and eleven of article IV of this Constitution. Sec. 24. The county and city of St. Louis, as now exist- ing, shall continue to constitute the Eighth judicial circuit, and the jurisdiction of all courts of record, except the county court, shall continue until otherwise provided by law. Sec. 25. Notwithstanding the provisions of this article, the General Assembly shall have the same power over the city and county of St. Louis that it has over other cities and counties of this State. Article X. — revenue and taxation. Section i. The taxing power may be exercised by the General Assembly for State purposes, and by counties and other municipal corporations, under authority granted to them by the General Assembly, for county and other cor- porate purposes. Sec. 2. The power to tax corporations and corporate property shall not be surrendered or suspended by act of the General Assembly. Sec. 3. Taxes may be levied and collected for public pur- poses only. They shall be uniform upon the same class of sub- jects within the territorial limits of the authority levying the tax, and all taxes shall be levied and collected by general laws. 326 CIVIL GOVERNMENT OF MISSOURI. Sec. 4. All property subject to taxation shall be taxed in proportion to its value. Sec. 5. All railroad corporations in this State, or doing business therein, shall be subject to taxation for State, county, school, municipal and other purposes, on the real and personal property owned or used by them, and on their gross earnings, their net earnings, their franchises and their capital stock. Sec. 6. The property, real and personal, of the State, counties and other municipal corporations and cemeteries shall be exempt from taxation. Lots in incorporated cities or towns, or within one mile of the limits of any such city or town, to the extent of one acre, and lots one mile or more distant from such cities or towns, to the extent of five acres, with the buildings thereon, may be exempted from taxation, when the same are used exclusively for rehgious worship, for schools, or for purposes purely charitable ; also such property, real or personal, as may be used exclusively for agricultural or horticultural societies : Provided^ that such exemptions shall be only by general law. Sec. 7. All laws exempting property from taxation, other than the property above enumerated, shall be void. Sec. 8. The State tax on property, exclusive of the tax necessary to pay the bonded debt of the State, shall not ex- ceed twenty cents on the hundred dollars valuation ; and whenever the taxable property of the State shall amount to nine hundred miUion dollars, the rate shall not exceed fifteen cents. Sec. 9. No county, city, town or other municipal corpo- ration, nor the inhabitants thereof, nor the property therein, shall be released or discharged from their or its proportion- ate share of taxes to be levied for State purposes, nor shall commutation for such taxes be authorized in any form what- soever. Sec. ID. The General Assembly shall not impose taxes upon counties, cities, towns or other municipal corporations, or upon the inhabitants or property thereof, for county, city. STATE CONSTITUTION. 327 town or other municipal purposes ; but may, by general laws, vest in the corporate authorities thereof the power to assess and collect taxes for such purposes. Sec. 1 1 . {As amended, 1902.) Taxes for county, city, town and school purposes may be levied on all subjects and ob- jects of taxation ; but the valuation of property therefor shall not exceed the valuation of the same property in such town, city or school district for State and county purposes. For county purposes the annual rate on property, in coun- ties having six million dollars or less, shall not, in the aggre- gate, exceed fifty cents on the hundred dollars valuation ; in counties having six milHon dollars and under ten million dollars, said rate shall not exceed forty cents on the hun- dred dollars valuation ; in counties having ten miUion dol- lars and under thirty million dollars, said rate shall not exceed fifty cents on the hundred dollars valuation ; and in counties having thirty million dollars or more, said rate shall not exceed thirty-five cents on the hundred dollars valuation. For city and town purposes, the annual rate on property in cities and towns having thirty thousand inhabit- ants or more shall not, in the aggregate, exceed one hun- dred cents on the hundred dollars valuation ; in cities and towns having less than thirty thousand and over ten thou- sand inhabitants, said rate shall not exceed sixty cents on the hundred dollars valuation ; in cities and towns having less than ten thousand and more than one thousand inhabitants, said rate shall not exceed fifty cents on the hundred dollars valuation; and in towns having one thousand inhabitants or less, said rate shall not exceed twenty-five cents on the hundred dollars valuation. For school purposes in dis- tricts composed of cities which have one hundred thousand inhabitants or more, the annual rate on property shall not exceed sixty cents on the hundred dollars valuation, and in other districts forty cents on the hundred dollars valuation : Provided, the aforesaid annual rates for school purposes may be increased, in districts formed of cities and towns, to an amount not to exceed one dollar on 328 CIVIL GOVERNMENT OF MISSOURI. the hundred dollars valuation, and in other districts to an amount not to exceed sixty-five cents on the hundred dollars valuation, on the condition that a majority of the voters who are tax-payers, voting at an election held to decide the question, vote for said increase. For the purpose of erect- ing public buildings in counties, cities or school districts, the rates of taxation herein limited may be increased when the rate of such increase and the purpose for which it is intended shall have been submitted to a vote of the people, and two-thirds of the qualified voters of such county, city or school district, voting at such election, shall vote therefor. The rate herein allowed to each county shall be ascer- tained by the amount of taxable property therein, according to the last assessment for State and county purposes, and the rate allowed to each city or town by the number of inhabitants, according to the last census taken under the authority of the State, or of the United States ; said restric- tions, as to rates, shall apply to taxes of every kind and description, whether general or special, except taxes to pay vahd indebtedness now existing or bonds which may be issued in renewal of such indebtedness : Provided, that the city of St. Louis may levy for municipal purposes, in addi- tion to the municipal rate of taxation above provided, a rate not exceeding the rate which would be allowed for county purposes if said city were part of a county. Sec. 12. (^As amended, 1900, 1902, 1906.) No county, city, town, township, school district or other political corpo- ration or subdivision of the State shall be allowed to become indebted in any manner or for any purpose to an amount exceeding in any year the income and revenue provided for such year, without the assent of two-thirds of the voters thereof voting at an election to be held for that purpose ; nor in cases requiring such assent shall any indebtedness be allowed to be incurred to an amount, including existing in- debtedness, in the aggregate exceeding five per centum on the value of the taxable property therein, to be ascertained by the assessment next before the last assessment for State STATE CONSTITUTION. 329 and county purposes, previous to the incurring of such indebtedness : Provided, that with such assent any county may be allowed to become indebted to a larger amount for the erection of a court-house or jail, or for the grading, construction, paving or maintaining of paved, gravelled, macadamized or rock roads and necessary bridges and culverts therein ; and p?^ovided further, that any county, city, town, township, school district, or other political corporation or subdivision of the State, incurring any in- debtedness requiring the assent of the voters as afore- said, shall, before or at the time of doing so, provide for the collection of an annual tax sufficient to pay the interest on such indebtedness as it falls due, and also to con- stitute a sinking fund for payment of the principal thereof within twenty years from the time of contracting the same ; ajtd provided further, that the corporate authorities of the city of St. Louis are hereby authorized to issue interest bearing bonds of said city in the amount of five million dollars, at a rate of interest not to exceed four per cent per annum, the principal payable within thirty years from the date of their issue, and the proceeds thereof shall be paid to the corporation organized for the celebration of the Louisiana purchase centennial in said city, to be used by said corporation for said celebration, in holding a world's fair or exposition in said city. And said corporate author- ities of St. Louis shall be repaid as large a proportionate amount of the aid given by them as shall be repaid to the stockholders of said corporation on the sum subscribed and paid by them, and any surplus remaining from the assets of said corporation after said stockholders and said city shall have been paid in full, shall be divided between said stock- holders and said city in proportion to the aggregate amount of said stock so paid in and the amount so loaned by said city ; and any amount so received by said city from said corporation shall be paid into the sinking fund of said city for the redemption of its outstanding bonds : Provided, that if at the election for the adoption of this amendment to the 330 CIVIL GOVERNMENT OF MISSOURI. Constitution a majority of the votes cast within the limits of said city of St. Louis, voting for and against this amend- ment, shall be against its adoption, then no bonds shall be issued under this amendment ; and provided further, that no such indebtedness so created shall be in any part thereof paid by the State or from any State revenue, tax or fund, but the same shall be paid by the city of St. Louis alone : Provided, that in the city of St. Louis the amount of bonds now aggregating ^6,111,000, that being the amount assumed by said city in the scheme of separation from the county of St. Louis, and the sum of ^5,808,000, heretofore, prior to January i, 1901, expended in the construction of water- works for the city of St. Louis, and any bonds which may be hereafter issued by said city in the construction and im- provement of waterworks, the payment of the interest whereon and the principal whereof shall be provided from the revenue of said waterworks ; that is to say, the amount of said bonds which shall be outstanding at any time shall not be included in the computation of the existing bonded indebtedness in determining the amount of bonds author- ized to be issued by said city, with the assent of two-thirds of the voters under the provisions of this article, but said city shall be authorized at any time to issue bonds with the assent aforesaid, to an amount including the outstanding in- debtedness other than that above named, to the amount of five per cent of the value of the taxable property in said city, to be ascertained as above provided, and said city shall have power, with such assent of the voters, to issue bonds for the construction and improvement of waterworks, the interest whereon and the principal whereof shall be pro- vided for from the income of said waterworks. Said city shall establish a sinking fund for the payment of the bonds so authorized according to the time fixed for the maturity of the same : Provided, further, that in the city of Kansas City, the amount of bonds issued by said city, bearing date July I, 1895, for acquiring waterworks and all bonds here- after issued in renewal of said bonds or any portion thereof STATE CONSTITUTION. 33 1 shall not be included in the computations of the existing bonded indebtedness of said city in determining the amount of bonds authorized to be issued by said city, with the assent of two-thirds of the voters under the provisions of this ar- ticle, but said city shall be authorized at any time to issue bonds with the assent aforesaid to an amount including out- standing indebtedness, other than the above-named, to the amount of five per centum of the value of the taxable prop- erty in said city, to be ascertained as above specified. Sec. \2 a. {^Amendment of \()02.') Any city in this State containing not more than thirty thousand (30,000), nor less than two thousand (2000) inhabitants, may, with the assent of two-thirds of the voters thereof voting at an election to be held for that purpose, be allowed to become indebted in a larger amount than specified in section 1 2 of article X of the Constitution of this State, not exceeding an addi- tional five per centum on the value of the taxable prop- erty therein, for the purpose of purchasing or constructing waterworks, electric or other light plants, to be owned exclusively by the city so purchasing or constructing the same : Provided, that any such city incurring any such in- debtedness requiring the assent of the voters as aforesaid, shall have the power to provide for, and, before or at the time of incurring such indebtedness, shall provide for the collection of an annual tax in addition to the other taxes pro- vided for by this Constitution, sufficient to pay the interest on such indebtedness as it falls due, and also to constitute a sinking fund for the payment of the principal thereof, within twenty years from the time of contracting the same, any pro- vision in this Constitution to the contrary, notwithstanding. Sec. 13. Private property shall not be taken or sold for the payment of the corporate debt of a municipal corporation. Sec. 14. The tax authorized by the sixth section of the ordinance adopted June 6, 1865, is hereby abolished, and hereafter there shall be levied and collected an annual tax sufficient to pay the accruing interest upon the bonded debt 33 2 CIVIL GOVERNMENT OF MISSOURI. of the State, and to reduce the principal thereof each year by a sum not less than two hundred and fifty thousand dollars ; the proceeds of which tax shall be paid into the State treasury, and appropriated and paid out for the pur- poses expressed in the first and second subdivisions of section forty-three of article IV of this Constitution. The funds and resources now in the State Interest and State Sinking funds shall be appropriated to the same purposes ; and whenever said bonded debt is extinguished, or a sum suf- ficient therefor has been raised, the tax provided for in this section shall cease to be assessed. Sec. 15. All moneys now or at any time hereafter in the State treasury belonging to the State shall, immediately on receipt thereof, be deposited by the Treasurer to the credit of the State for the benefit of the funds to which they respectively belong, in such bank or banks as he may, from time to time, with the approval of the Governor and Attor- ney-General, select — the said bank or banks giving security, satisfactory to the Governor and Attorney-General, for the safe-keeping and payment of such deposit, when demanded by the State Treasurer on his check — such bank to pay a bonus for the use of such deposits not less than the bonus paid by other banks for similar deposits ; and the same, together with such interest and profits as may accrue there- on, shall be disbursed by said Treasurer for the purposes of the State, according to law, upon warrants drawn by the State Auditor, and not otherwise. Sec. 16. The Treasurer shall keep a separate account of the funds, and the number and amount of warrants re- ceived, and from whom ; and shall publish, in such manner as the Governor may designate, quarterly statements, show- ing the amount of State moneys and where the same are kept or deposited. Sec. 17. The making of profit out of State, county, city, town or school district money, or using the same for any purpose not authorized by law, by any public officer, shall be deemed a felony, and shall be punished as provided by law. STATE CONSTITUTION. 333 Sec. 1 8. There shall be a State Board of Equalization, consisting of the Governor, State Auditor, State Treasurer, Secretary of State and Attorney- General. The duty of said Board shall be to adjust and equalize the valuation of real and personal property among the several counties in the State, and it shall perform such other duties as are or may be prescribed by law. Sec. 19. No moneys shall ever be paid out of the treasury of this State, or any of the funds under its management, except in pursuance of an appropriation by law, nor unless such payment be made, or a warrant shall have issued there- for, within two years after the passage of such appropriation act ; and every such law, making a new appropriation, or continuing or reviving an appropriation, shall distinctly specify the sum appropriated, and the object to which it is to be applied ; and it shall not be sufficient to refer to any other law to fix such sum or object. A regular statement and account of the receipts and expenditures of all public money shall be published from time to time. Sec. 20. The moneys arising from any loan, debt or liability contracted by the State, or any county, city, town or other municipal corporation, shall be applied to the pur- poses for which they were obtained, or to the repayment of such debt or liability, and not otherwise. Sec. 21. No corporation, company or association, other than those formed for benevolent, religious, scientific or educational purposes, shall be created or organized under the laws of this State, unless the persons named as corpo- rators shall, at or before the filing of the articles of associa- tion or incorporation, pay into the State treasury fifty dollars for the first fifty thousand dollars or less of capital stock, and a further sum of five dollars for every additional ten thousand dollars of its capital stock. And no such corpora- tion, company or association shall increase its capital stock without first paying into the treasury five dollars for every ten thousand dollars of increase : Provided, that nothing contained in this section shall be construed to prohibit the 334 CIVIL GOVERNMENT OF MISSOURI. General Assembly from levying a further tax on the fran- chises of such corporation. Sec. 2 2. {Amendment of 1908.) In addition to taxes authorized to be levied for county purposes under and by virtue of section 11, article 10 of the Constitution of this State, the county court in the several counties of this State, not under township organization and the township board of directors, in the several counties under township organiza- tion, may in their discretion levy and collect in the same manner as State and county taxes are collected, a special tax not exceeding twenty-five cents on each $100 valuation, to be used for road and bridge purposes, but for no other purpose whatever ; and the power hereby given said county courts and township boards is declared to be a discretionary power. Sec. 26. {Amendment of 1902.) All certificates of in- debtedness of the State to the ''pubhc school fund" and to the " seminary fund " are hereby confirmed as sacred obligations of the State to said funds, and they shall be renewed as they mature for such period of time and at such rate of interest as may be provided by law. The General Assembly shall have the power to provide by law for the issuing certificates to the public school fund and seminary fund, as the money belonging to said funds accumulates in the State treasury : Provided, that after the outstanding bonded indebtedness has been extinguished, all money ac- cumulating in the State treasury for above named purposes shall be invested in registered county, municipal, or school district bonds of this State of not less than par value. Whenever the State bonded debt is extinguished or a sum sufficient therefor has been received, there shall be levied and collected in lieu of the ten cents on the one hundred dollars valuation now provided for by the statutes, an annual tax not to exceed three cents on the one hundred dollars valuation to pay the accruing interest on all the certificates of indebtedness, the proceeds of which tax shall be paid STATE CONSTITUTION. 335 into the State treasury and appropriated and paid out for the specific purposes herein mentioned. Article XI. — education. Section i . A general diffusion of knowledge and intelli- gence being essential to the preservation of the rights and liberties of the people, the General Assembly shall establish and maintain free public schools for the gratuitous instruc- tion of all persons in this State between the ages of six and twenty years. Sec. 2. The income of all the funds provided by the State for the support of free pubhc schools shall be paid annually to the several county treasurers, to be disbursed according to law ; but no school district in which a free public school has not been maintained at least three months during the year for which the distribution is made, shall be entitled to receive any portion of such funds. Sec. 3. Separate free public schools shall be established for the education of children of African descent. Sec. 4. The supervision of instruction in the public schools shall be vested in a ''Board of Education," whose powers and duties shall be prescribed by law. The Super- intendent of Public Schools shall be president of the board. The Governor, Secretary of State and Attorney- General shall be ex officio members, and, with the Superintendent, compose said Board of Education. Sec. 5. The General Assembly shall, whenever the Pub- lic School fund will permit, and the actual necessity of the same may require, aid and maintain the State University, now estabHshed, with its present departments. The gov- ernment of the State University shall be vested in a Board of Curators, to consist of nine members, to be appointed by the Governor, by and with the advice and consent of the Senate. Sec. 6. The proceeds of all lands that have been or here- after may be granted by the United States to this State, and not otherwise appropriated by this State or the United ^^6 CIVIL GOVERNMENT OF MISSOURI. States ; also, all moneys, stocks, bonds, lands and other property now belonging to any State fund for purposes of education ; also, the net proceeds of all sales of lands and other property and effects that may accrue to the State by escheat, from unclaimed dividends and distributive shares of the estates of deceased persons ; also, any proceeds of the sales of the public lands which may have been or here- after may be paid over to this State (if Congress will con- sent to such appropriation) ; also, all other grants, gifts or devises that have been or hereafter may be made to this State, and not otherwise appropriated by the State or the terms of the grant, gift or devise, shall be paid into the State treasury, and securely invested and sacredly preserved as a Public School fund ; the annual income of which fund, together with so much of the ordinary revenue of the State as may be by law set apart for that purpose, shall be faith- fully appropriated for establishing and maintaining the free public schools and the State University in this article pro- vided for, and for no other uses or purposes whatsoever. Sec. 7. In case the Public School fund now provided and set apart by law for the support of free public schools shall be insufficient to sustain a free school at least four months in every year in each school district in this State, the General Assembly may provide for such deficiency in accordance with section eleven of the article on revenue and taxation ; but in no case shall there be set apart less than twenty-five per cent of the State revenue, exclusive of the Interest and Sinking fund, to be applied annually to the support of the public schools. Sec. 8. All moneys, stocks, bonds, lands and other prop- erty belonging to a county school fund ; also, the net pro- ceeds from the sale of estrays ; also, the clear proceeds of all penalties and forfeitures, and of all fines collected in the several counties for any breach of the penal or military laws of the State, and all moneys which shall be paid by persons as an equivalent for exemption from military duty, shall be- long to and be securely invested and sacredly preserved in STATE CONSTITUTION. 337 the several counties, as a county public school fund ; the income of which fund shall be faithfully appropriated for establishing and maintaining free pubHc schools in the sev- eral counties of this State. Sec. 9. No part of the Public School fund of the State shall ever be invested in the stock or bonds or other obH- gations of any other State, or of any county, city, town or corporation ; and the proceeds of the sales of any lands or other property which now belong, or may hereafter belong, to said school fund, shall be invested in the bonds of the State of Missouri, or of the United States. Sec. 10. All county school funds shall be loaned only upon unencumbered real estate security, of double the value of the loan, with personal security in addition thereto. Sec. 1 1 . Neither the General Assembly, nor any county, city, town, township, school district or other municipal cor- poration, shall ever make an appropriation or pay from any pubhc fund whatever anything in aid of any religious creed, church or sectarian purpose ; or to help to support or sus- tain any private or public school, academy, seminary, col- lege, university or other institution of learning, controlled by any religious creed, church or sectarian denomination whatever ; nor shall any grant or donation of personal prop- erty or real estate ever be made by the State, or any county, city, town or other municipal corporation, for any reHgious creed, church or sectarian purpose whatever. Article XII . — corporations. Section i. All existing charters, or grants of special or exclusive privileges, under which a bona fide organization shall not have taken place, and business been commenced in good faith, at the adoption of this Constitution, shall thereafter have no validity. Sec. 2. No corporation, after the adoption of this Con- stitution, shall be created by special laws; nor shall any existing charter be extended, changed or amended by special laws, except those for charitable, penal or reformatory pur- ^^8 CIVIL GOVERNMENT OF MISSOURI. poses, which are under the patronage and control of the State. Sec. 3. The General Assembly shall not remit the for- feiture of the charter of any corporation now existing, or alter or amend such forfeited charter, or pass any other general or special laws for the benefit of such corporations. Sec. 4. The exercise of the power and right of eminent domain shall never be so construed or abridged as to pre- vent the taking, by the General Assembly, of the property and franchises of incorporated companies already organized, or that may be hereafter organized, and subjecting them to the public use, the same as that of individuals. The right of trial by jury shall be held inviolate in all trials of claims for compensation, when in the exercise of said right of eminent domain, any incorporated company shall be inter- ested either for or against the exercise of said right. Sec. 5. The exercise of the police power of the State shall never be abridged or so construed as to permit corpo- rations to conduct their business in such manner as to infringe the equal rights of individuals, or the general well-being of the State. Sec. 6. In all elections for directors or managers of any incorporated company, each shareholder shall have the right to cast as many votes in the aggregate as shall equal the number of shares so held by him or her in said com- pany, multiplied by the number of directors or managers to be elected at such election ; and each shareholder may cast the whole number of votes, either in person or by proxy, for one candidate, or distribute such votes among two or more candidates ; and such directors or managers shall not be elected in any other manner. Sec. 7. No corporation shall engage in business, other than that expressly authorized in its charter or the law under which it may have been or hereafter may be organ- ized, nor shall it hold any real estate for any period longer than six years, except such as may be necessary and proper for carrying on its legitimate business. STATE CONSTITUTION. 339 Sec. 8. No corporation shall issue stock or bonds, ex- cept for money paid, labor done or property actually re- ceived, and all fictitious increase of stock or indebtedness shall be void. The stock and bonded indebtedness of cor- porations shall not be increased, except in pursuance of general law, nor without the consent of .the persons holding the larger amount in value of the stock first obtained at a meeting called for the purpose, first giving sixty days' pubhc notice, as may be provided by law. Sec. 9. Dues from private corporations shall be secured by such means as may be prescribed by law, but in no case shall any stockholder be individually liable in any amount over or above the amount of stock owned by him or her. Sec. 10. No corporation shall issue preferred stock with- out the consent of all the stockholders. Sec. II. The term "corporation," as used in this article, shall be construed to include all joint stock companies or associations having any powers or privileges not possessed by individuals or partnerships. RAILROADS. Sec. 12. It shall not be lawful in this State for any rail- way company to charge for freight or passengers a greater amount, for the transportation of the same, for a less dis- tance, than the amount charged for any greater distance ; and suitable laws shall be passed by the General Assembly to enforce this provision ; but excursion and commutation tickets may be issued at special rates. Sec. 13. Any railroad corporation or association, organ- ized for the purpose, shall have the right to construct and operate a railroad between any points within this State, and to connect at the State fine with railroads of other States. Every railroad company shall have the right, with its road, to intersect, connect with or cross any other railroad, and shall receive and transport each the other's passengers, tonnage and cars, loaded or empty, without delay or dis- crimination. 340 CIVIL GOVERNMENT OF MISSOURI. Sec. 14. Railways heretofore constructed, or that may hereafter be constructed in this State, are hereby declared public highways, and railroad companies common carriers. The General Assembly shall pass laws to correct abuses and prevent unjust discrimination and extortion in the rates of freight and passenger tariffs on the different railroads in this State ; and shall, from time to time, pass laws establishing reasonable maximum rates of charges for the transportation of passengers and freight on said railroads, and enforce all such laws by adequate penalties. Sec. 15. Every railroad or other corporation, organized or doing business in this State under the laws or authority thereof, shall have and maintain a public office or place in this State for the transaction of its business, where transfers of stock shall be made, and where shall be kept, for public inspection, books in which shall be recorded the amount of capital stock subscribed, the names of the owners of the stock, the amounts owned by them respectively, the amount of stock paid, and by whom, the transfer of said stock, with the date of transfer, the amount of its assets and liabilities, and the names and places of residence of its officers. The directors of every railroad company shall hold one meeting annually in this State, public notice of which shall be given thirty days previously, and shall report annually, under oath, to the State Auditor, or some officer designated by law, all of their acts and doings, which report shall include such matters relating to railroads as may be prescribed by law. The General Assembly shall pass laws enforcing, by suitable penalties, the provisions of this section. Sec. 16. The rolling stock and all other movable prop- erty belonging to any railroad company or corporation in this State shall be considered personal property, and shall be liable to execution and sale in the same manner as the personal property of individuals ; and the General Assembly shall pass no law exempting any such property from execu- tion and sale. Sec. 17. No railroad or other corporation, or the lessees, STATE CONSTITUTION. 34I purchasers or managers of any railroad corporation, shall consolidate the stock, property or franchises of such corpo- ration with, or lease or purchase the works or franchises of, or in any way control, any railroad corporation owning or having under its control a parallel or competing line ; nor shall any officer of such railroad corporation act as an officer of any other railroad corporation owning or having the control of a parallel or competing line. The question whether railroads are parallel or competing Unes shall, when demanded, be decided by a jury, as in other civil issues. Sec. 18. If any railroad company organized under the laws of this State shall consolidate, by sale or otherwise, with any railroad company organized under the laws of any other State, or of the United States, the same shall not thereby become a foreign corporation ; but the courts of this State shall retain jurisdiction in all matters which may arise, as if said consoHdation had not taken place. In no case shall any consohdation take place, except upon public notice of at least sixty days to all stockholders, in such manner as may be provided by law. Sec. 19. The General Assembly shall pass no law for the benefit of a railroad or other corporations, or any in- dividual or association of individuals, retrospective in its operation, or which imposes on the people of any county or municipal subdivision of the State a new liabihty in re- spect to transactions or considerations already past. Sec. 20. No law shall be passed by the General Assem- bly granting the right to construct and operate a street railroad within any city, town, village, or on any pubHc highway, without first acquiring the consent of the local authorities having cotitrol of the street or highway proposed to be occupied by such street railroad ; and the franchises so granted shall not be transferred without similar assent first obtained. Sec. 21. No railroad corporation in existence at the time of the adoption of this Constitution shall have the benefit of any future legislation, except on condition of complete 342 CIVIL GOVERNMENT OF MISSOURI. acceptance of all the provisions of this Constitution appli- cable to railroads. Sec. 2 2, No president, director, officer, agent or employe of any railroad company shall be interested, directly or in- directly, in furnishing material or supplies to such company, or in the business of transportation as a common carrier of freight or passengers over the works owned, leased, con- trolled or worked by such company. Sec. 23. No discrimination in charges or facilities in transportation shall be made between transportation com- panies and individuals, or in favor of either, by abatement, drawback or otherwise ; and no railroad company, or any lessee, manager or employe thereof, shall make any prefer- ence in furnishing cars or motive power. Sec. 24. No railroad or other transportation company shall grant free passes or tickets, or passes or tickets at a discount, to members of the General Assembly, or members of the Board of Equalization, or any State or county or municipal officers ; and the acceptance of such pass or ticket, by a member of the General Assembly, or any such officer, shall be a forfeiture of his office. BANKS. Sec. 25. No State bank shall hereafter be created, nor shall the State own or be liable for any stock in any corpo- ration, or joint stock company, or association for banking purposes, now created or hereafter to be created. Sec. 26. No act of the General Assembly authorizing or creating corporations or associations with banking powers (except banks of deposit or discount), nor amendments thereto, shall go into effect, or in any manner be enforced, unless the same shall be submitted to a vote of the qualified voters of the State, at the general election next succeeding the passage of the same, and be approved by a majority of the votes cast at such election. Sec. 27. It shall be a crime, the nature and punishment of which shall be prescribed by law, for any president, STATE CONSTITUTION. 343 director, manager, cashier or other officer of any banking institution, to assent to the reception of deposits, or the creation of debts by such banking institution, after he shall have had knowledge of the fact that it is insolvent, or in failing circumstances ; and any such officer, agent or man- ager shall be individually responsible for such deposits so received, and all such debts so created with his assent. Article XIII. — militia. Section i. All able-bodied male inhabitants of this State between the ages of eighteen and forty-five years, who are citizens of the United States, or have declared their inten- tion to become such citizens, shall be hable to military duty in the militia of this State : Pi^ovided, that no person who is religiously scrupulous of bearing arms can be compelled to do so, but may be compelled to pay an equivalent for military service, in such manner as shall be prescribed by law. Sec. 2. The General Assembly, in providing for the or- ganization, equipment and discipline of the militia, shall conform, as nearly as practicable, to the regulations for the government of the armies of the United States. Sec. 3. Each company and regiment shall elect its own company and regimental officers ; but if any company or regiment shall neglect to elect such officers within the time prescribed by law, or by the order of the Governor, they may be appointed by the Governor. Sec. 4. Volunteer companies of infantry, cavalry and artillery may be formed in such manner and under such restrictions as may be provided by law. Sec. 5. The volunteer and militia forces shall in all cases, except treason, felony and breach of the peace, be privileged from arrest during their attendance at musters, parades and elections, and in going to and returning from the same. Sec. 6. The Governor shall appoint the Adjutant-Gen- eral, Quartermaster- General and his other staff officers. He shall also, with the advice and consent of the Senate, appoint all major-generals and brigadier-generals. 344 CIVIL GOVERNMENT OF MISSOURI. Sec. 7. The General Assembly shall provide for the safe keeping of the public arms, military records, banners and relics of the State. Article XIV. — miscellaneous provisions. Section i. The General Assembly of this State shall never interfere with the primary disposal of the soil by the United States, nor with any regulation which Congress may find necessary for securing the title in such soil to bona fide purchasers. No tax shall be imposed on lands the property of the United States ; nor shall lands belonging to persons residing out of the limits of this State ever be taxed at a higher rate than the lands belonging to persons residing within the State. Sec. 2. No person shall be prosecuted in any civil action or criminal proceeding for or on account of any act by him done, performed or executed between the first day of Jan- uary, one thousand eight hundred and sixty-one, and the twentieth day of August, one thousand eight hundred and sixty-six, by virtue of military authority vested in him, or in pursuance of orders from any person vested with such authority by the government of the United States, or of this State, or of the late Confederate States, or any of them, to do such act. And if any action or proceedings shall have been or shall hereafter be instituted against any person for the doing of any such act, the defendant may plead this section in bar thereof. Sec. 3. No person who shall hereafter fight a duel, or assist in the same as a second, or send, accept or knowingly carry a challenge therefor, or agree to go out of the State to fight a duel, shall hold any office in this State. Sec. 4. No person holding an office of profit under the United States shall, during his continuance in such office, hold any office of profit under this State. Sec. 5. In the absence of any contrary provision, all officers now or hereafter elected or appointed, subject to the right of resignation, shall hold office during their official STATE CONSTITUTION. 345 terms, and until their successors shall be duly elected or appointed and qualified. Sec. 6. All officers, both civil and military, under the authority of this State, shall, before entering on the duties of their respective offices, take and subscribe an oath, or affirmation, to support the Constitution of the United States and of this State, and to demean themselves faithfully in office. Sec. 7. The General Assembly shall, in addition to other penalties, provide for the removal from office of county, city, town and township officers, on ' conviction of willful, corrupt or fraudulent violation or neglect of official duty. Sec. 8. The compensation or fees of no State, county or municipal officer shall be increased during his term of office ; nor shall the term of any office be extended for a longer period than that for which such officer was elected or appointed. Sec. 9. The appointment of all officers, not otherwise directed by this Constitution, shall be made in such manner as may be prescribed by law. Sec. 10. The General Assembly shall have no power to authorize lotteries or gift enterprises for any purpose, and shall pass laws to prohibit the sale of lottery or gift enter- prise tickets, or tickets in any scheme in the nature of a lot- tery, in this State ; and all acts or parts of acts heretofore passed by the Legislature of this State, authorizing a lottery or lotteries, and all acts amendatory thereof or supplemental thereto, are hereby avoided. Sec. II. It shall be the duty of the grand jury in each county, at least once a year, to investigate the official acts of all officers having charge of public funds, and report the result of their investigations in writing to the court. Sec. 12. Senators and representatives shall, in all cases, except treason, felony or breach of the peace, be privileged from arrest during the session of the General Assembly, and for fifteen days next before the commencement and after the termination of each session ; and for any speech 346 CIVIL GOVERNMENT OF MISSOURI. or debate in either house they shall not be questioned in any other place. Article XV. — mode of amending the constitution. Section i. This Constitution may be amended and re- vised only in pursuance of the provisions of this article. Sec. 2. The General Assembly may, at any time, propose such amendments to this Constitution as a majority of the members elected to each house shall deem expedient ; and the vote thereon shall be taken by yeas and nays and en- tered in full on the journals. The proposed amendments shall be published with the laws of that session, and also shall be published weekly in some newspaper, if such there be, within each county in the State, for four consecutive weeks next preceding the general election then next ensuing. The proposed amendments shall be submitted to a vote of the people, each amendment separately, at the next general election thereafter, in such manner as the General Assembly may provide. If a majority of the qualified voters of the State, voting for and against any one of said amendments, shall vote for such amendment, the same shall be deemed and taken to have been ratified by the people, and shall be valid and binding, to all intents and purposes, as a part of this Constitution. Sec. 3. The General Assembly may at any time authorize, by law, a vote of the people to be taken upon the question whether a convention shall be held for the purpose of revis- ing and amending the Constitution of this State ; and if at such election a majority of the votes on the question be in favor of a convention, the Governor shall issue writs to the sheriffs of the different counties, ordering the election of delegates to such a convention, on a day not less than three and within six months after that on which the said question shall have been voted on. At such election each Senatorial district shall elect two delegates for each Senator to which it may then be entitled in the General Assembly, and every such delegate shall have the qualifications of a State Senator. STATE CONSTITUTION. 347 The election shall be conducted in conformity with the laws regulating the election of Senators. The delegates so elected shall meet at such time and place as may be pro- vided by law, and organize themselves into a convention, and proceed to revise and amend the Constitution ; and the Constitution, when so revised and amended, shall, on a day to be therein fixed, not less than sixty days nor more than six months after that on which it shall have been adopted by the convention, be submitted to a vote of the people for and against it, at an election to be held for that purpose ; and if a majority of all the votes given be in favor of such Constitution, it shall, at the end of thirty days after such election, become the Constitution of this State. The result of such election shall be made known by proclamation by the Governor. The General Assembly shall have no power, otherwise than in this section specified, to authorize a con- vention for revising and amending the Constitution. Done in Convention, at the Capitol, in the City of Jeffer- son, on the second day of August, in the year of our Lord one thousand eight hundred and seventy-five, and of the Independence of the United States the one hundredth. WALDO P. JOHNSON, President, St. Clair county. N. W. WATKINS, Vice-President, Scott county. 348 CIVIL GOVERNMENT OF MISSOURI. AMENDMENT TO THE CONSTITUTION. Adopted at the general election held on the Tuesday next following the first Monday in November, 1884. Section i. The jurisdiction of the St. Louis Court of Appeals is hereby extended so as to be coextensive with the counties of Monroe, Shelby, Knox, Scotland, Clark, Lewis, Marion, Ralls, Pike, Lincoln, Warren, St. Charles, St. Louis, Jefferson, Ste. Genevieve, Perry, Cape Girardeau, Scott, Mississippi, New Madrid, Pemiscot, Dunklin, Stoddard, Wayne, Bollinger, Madison, St. Fran9ois, Washington, Franklin, Crawford, Iron, Reynolds, Carter, Butler, Ripley, Oregon, Shannon, Dent, Phelps, Pulaski, Texas, Howell, Ozark, Douglas, Wright, Laclede, Webster, Christian, Taney, Stone, Greene, Lawrence, Barry, Newton, and Mc- Donald, as well as the city of St. Louis ; and each judge thereof, when hereafter elected, shall be elected by the qualified voters of the counties and of the city under the jurisdiction of said court, and shall be a resident of the said territorial appellate district. Sec. 2. There is hereby established at Kansas City an appellate court, to be known as the Kansas City Court of Appeals, the jurisdiction of which shall be coextensive with all the counties in the State except those embraced in the jurisdiction of the St. Louis Court of Appeals. There shall be held in each year two terms of said Kansas City Court of Appeals, one on the first Monday of March and one on the first Monday of October. The Kansas City Court of Appeals shall consist of three judges, who shall be elected by the qualified voters of the counties under the jurisdiction of said court, and shall be residents of said territorial appel- late district. Sec. 3. The General Assembly shall have power by law to create one additional court of appeals, with a new district STATE CONSTITUTION. 349 therefor ; to change the Hmits of the appellate districts, and the names of the courts of appeals, designating the districts by numbers or otherwise ; to change the time of holding the terms of said courts ; to increase or diminish the pecun- iary limit of the jurisdiction of the courts of appeals ; to provide for the transfer of cases from one court of appeals to another court of appeals ; to provide for the transfer of cases from a court of appeals to the Supreme Court, and to provide for the hearing and determination of such cases by the courts to which they may be transferred. Sec. 4. The first term of said Kansas City Court of Ap- peals shall be held on the first Monday of March in the year 1885, and the first judges thereof shall, upon the adop- tion of this amendment, be appointed by the Governor of said State for the term of four years each, beginning on the first day of January, 1885, and at the general election in the year 1888, the first election for the judges of said court shall be held, and the provisions of the Constitution of the State concerning the organization, the judges, the powers, the jurisdiction and proceedings of the St. Louis Court of Appeals as herein amended, shall in all appropriate respects apply to the Kansas City Court of Appeals, and to such additional court of appeals as may be by law created. Sec. 5. In all causes or proceedings reviewable by the Supreme Court, writs of error shall run from the Supreme Court directly to the circuit courts and to courts having the jurisdiction pertaining to circuit courts, and in all such causes or proceedings, appeals shall lie from such trial courts directly to the Supreme Court, and the Supreme Court shall have exclusive jurisdiction of such writs of error and appeals, and shall in all such cases exclusively exercise superintending control over such trial courts. Sec. 6. When any one of said courts of appeals shall in any cause or proceeding render a decision which any one of the judges therein sitting shall deem contrary to any pre- vious decision of any one of said courts of appeals, or of the Supreme Court, the said court of appeals must, of its 350 CIVIL GOVERNMENT OF MISSOURI. own motion, pending the same term and not afterward, cer- tify and transfer said cause or proceeding and the original transcript therein to the Supreme Court, and thereupon the Supreme Court must rehear and determine said cause or proceeding, as in case of jurisdiction obtained by ordinary appellate process ; and the last previous rulings of the Su- preme Court on any question of law or equity shall, in all cases, be controlling authority in said courts of appeals. Sec. 7. All cases which may be pending in the Supreme Court at the time of the adoption of this amendment, which have not been submitted, and which by its terms would come within the territorial appellate jurisdiction of the Kan- sas City Court of Appeals, shall be certified and transferred to such court to be heard and determined by it. Sec. 8. The Supreme Court shall have superintending control over the courts of appeals by mandamus, prohibition and certiorari. Sec. 9. The State shall provide a suitable court-room at Kansas City, in which the Kansas City Court of Appeals shall hold its sessions ; also a clerk's office and furnished offices for the judges. Sec. 10. The judges of the Kansas City Court of Ap- peals, and of such additional coiu*t of appeals as may be created by law, shall each annually receive a salary of three thousand five hundred dollars per annum, which, together with the entire salaries of the judges of the St. Louis Court of Appeals, shall be paid out of the State treasury, as the salaries of the judges of the Supreme Court are now paid, unless otherwise provided by law. Sec. II. All provisions of the Constitution of this State, and all laws of this State which are inconsistent with this amendment, shall, so far as inconsistent, upon its adoption, be forever rescinded and of no effect. STATE CONSTITUTION. 351 AMENDMENT TO THE CONSTITUTION; Adopted at the general election held on the Tuesday next following the first Monday in November, 1890. Section i. The Supreme Court shall consist of seven judges, and, after the first Monday in January, 1891, shall be divided into two divisions, as follows : One division to consist of four judges of the court and to be known as di- vision number one, the other to consist of the remaining judges and to be known as division number two. The divis- ions shall sit separately for the hearing and disposition or causes and matters pertaining thereto, and shall have con- current jurisdiction of all matters and causes in the Supreme Court, except that division number two shall have exclusive cognizance of all criminal cases pending in said court : Provided, that a cause therein may be transferred to the court as provided in section four of this amendment. The division of business of which said divisions have concurrent, jurisdiction shall be made as the Supreme Court may deter- mine. A majority of the judges of a division shall constitute a quorum thereof; and all orders, judgments and decrees of either division, as to causes and matters pending before it, shall have the force and effect of those of the court. Sec. 2. Upon the adoption of this amendment, the Gov- ernor shall appoint two additional judges of the Supreme Court, who shall hold their offices until the first Monday in January, 1893 ; and at the general election in the year 1892 their successors shall be elected, who shall hold their offices for the term of ten years, as other judges of the Supreme Court. The two judges appointed by the Governor, to- gether with the judge elected at the general election in the year 1890, shall constitute division number two, and the re- maining judges shall constitute division number one. The court shall elect its Chief Justice, and each division a pre- siding judge thereof. 352 CIVIL GOVERNMENT OF MISSOURI. Sec. 3. The Supreme Court shall assign to each division the causes and matters to be heard by it, of which assign- ment due public notice shall be given ; and all laws relating to practice in the Supreme Court, as well as the rules of the Supreme Court, shall apply to each division so far as they may be applicable thereto. The opinion of each division shall be in writing, and shall be filed in the causes in which they shall be respectively made during the term at which the cause is submitted, and such opinions shall be a part of the records of the Supreme Court. Each division shall have authority to issue the original writs and exercise the powers enumerated in section three of article six of the Constitution. Sec. 4. When the judges of a division are equally divided in opinion in a cause, or when a judge of a division dissents from the opinion therein, or when a federal question is in- volved, the cause, on the application of the losing party, shall be transferred to the court for its decision ; or when a decision in which a cause is pending shall so order, the cause shall be transferred to the court for its decision. Sec. 5. Whenever in the opinion of the Supreme Court the state of its docket with reference to the speedy disposi- tion of the business of the court will justify dispensing with the divisions hereinbefore provided, the court shall dispense therewith, and the court shall thereafter hear and determine all causes pending in it : Provided^ however, that the court shall have the power to again divide itself into two divisions, in like manner and with hke power and effect as hereinbe- fore provided, whenever in the opinion of six judges thereof, entered of record, the condition of its docket with reference to the speedy disposition of the business of the court shall so require ; and in such division the four judges oldest in commission shall constitute division number one, and the remaining judges division number two. Sec. 6. All provisions of the Constitution of the State, and all laws thereof not consistent with this amendment, shall, upon its adoption, be forever rescinded and of no effect. STATE CONSTITUTION. 353 AMENDMENT TO THE CONSTITUTION. Adopted at the general election held on the Tuesday next following the first Monday in November, 1908. Section i. The legislative authority of the State shall be vested in a legislative assembly, consisting of a Senate and House of Representatives, but the people reserve to them- selves power to propose laws and amendments to the Con- stitution, and to enact or reject the same at the polls, independent of* the legislative assembly, and also reserve power at their own option to approve or reject at the polls any act of the legislative assembly. The first power reserved by the people is the initiative, and not more than eight per cent of the legal voters in each of at least two-thirds of the congressional districts in the State shall be required to pro- pose any measure by such petition, and every such petition shall include the full text of the measure so proposed. Ini- tiative petitions shall be filed with the Secretary of State not less than four months before the election at which they are to be voted upon. The second power is the referendum, . and it may be ordered (except as to laws necessary for the immediate preservation of the pubhc peace, health, or safety and laws making appropriations for the current expenses of the State government, for the maintenance of the State institutions and for the support of the pubHc schools) either by the petition signed by five per cent of the legal voters in each of at least two-thirds of the congressional districts in the State, or by the legislative assembly, as other bills are enacted. Referendum petitions shall be filed with the Sec- retary of State not more than ninety days after the final adjournment of the session of the legislative assembly which passed the bill on which the referendum is demanded. The veto power of the Governor shall not extend to measures referred to the people. All elections on measures re- 354 CIVIL GOVERNMENT OF MISSOURI. ferred to the people of the State shall be had at the biennial regular general elections, except when the legislative assem- bly shall order a special election. Any measure referred to the people shall take effect and become the law when it is approved by a majority of the vote(r)s cast thereon, and not otherwise. The style of all bills shall be : " Be it enacted by the people of the State of Missouri." This section shall not be construed to deprive any member of the legislative assembly of the right to introduce any measure. The whole number of votes cast for Justice of the Supreme Court at the regular election last preceding the filing of any petition for the initiative, or for the referendum, shall be the basis on which the number of legal voters necessary to sign such petition shall be counted. Petitions and orders for the initiative and for the referendum shall be filed with the Secretary of State, and in submitting the same to the people he, and all other officers, shall be guided by the general laws and the act submitting this amendment, until legislation shall be especially provided therefor. ESSENTIALS IN AMERICAN HISTORY From the Discovery to the Present Day. By ALBERT BUSHNELL HART, LL.D., Professor of History, Harvard University ^1.50 PROFESSOR HART was a member of the Committee of Seven, and consequently is exceptionally qualified to supervise the preparation of a series of text-books v^hich carry out the ideas of that Committee. The needs of sec- ondary schools, and the entrance requirements to all colleges, are fully met by the Essentials in History Series. ^ This volume reflects in an impressive manner the vi^riter's broad grasp of the subject, his intimate know^ledge of the relative importance of events, his keen insight into the cause and effect of each notew^orthy occurrence, and his thorough familiarity v^^ith the most helpful pedagogical features — all of w^hich make the w^ork unusually w^ell suited to students. ^ The purpose of the book is to present an adequate descrip- tion of all essential things in the upbuilding of the country, and to supplement this by good illustrations and maps. Political geography, being the background of all historical knowledge, is made a special topic, while the development of government, foreign relations, the diplomatic adjustment of controversies, and social and economic conditions have been duly emphasized. •[[ All sections of the Union, North, East, South, West, and Far West, have received fair treatment. Much attention is paid to the causes and results of our various wars, but only the most significant battles and campaigns have been described. The book aims to make distinct the character and public services of some great Americans, brief accounts of whose lives are given in special sections of the text. Towards the end a chapter sums up the services of America to mankind. AMERICAN BOOK COMPANY J C119) ECLECTIC ENGLISH CLASSICS New Edition in Cloth. The 20 Cent Series 53 Volumes, including the following: Addison's Sir Roger de Coverley Papers (Underwood) .... j^o.20 Arnold's Sohrab and Rustum (Tanner) .20 Burke's Conciliation with the American Colonies (Clark) ... .20 Burns's Poems — Selections (Venable) .20 Byron's Childe Harold (Canto IV), Prisoner of Chillon, Mazeppa, and other Selections (Venable) .20 Carlyle's Essay on Burns (Miller) .20 Coleridge's Ancient Mariner (Garrigues) .20 Cooper's Pilot (Watrous). Double number .40 Defoe's Robinson Crusoe (Stephens) .20 Dickens's Tale of Two Cities (Pearce). Double number . . . .40 Emerson's Essays. Selections (Smith) .20 Franklin's Autobiography (Reid) .20 George Eliot's Silas Marner (McKitrick) .20 Goldsmith's Vicar of Wakefield (Hansen) .20 Gray's Elegy in a Country Churchyard, and Goldsmith's Deserted Village (Van Dyke) 20 Irving's Sketch Book — Selections (St. John) .20 Tales of a Traveler (Rutland). 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Triple number .... .60 Washington's Farewell Address, and Webster's First Bunker HiU Oration (Lewis) 20 A HISTORY OF ENGLISH LITERATURE By REUBEN POST HALLECK,M. A. (Yale), Louisville Male High School HALLECK'S HISTORY OF ENGLISH LITER- ATURE traces the development of that literature from the earliest times to the present in a concise, interesting, and stimulating manner. Although the subject is presented so clearly that it can be readily comprehended by high school pupils, the treatment is sufficiently philosophic and suggestive for any student beginning the study. ^ The book is a history of literature, and not a mere col- lection of biographical sketches. Only enough of the facts of an author's life are given to make students interested in him as a personality, and to show how his environment aifected his work. Each author's productions, their rela- tion to the age, and the reasons why they hold a position in literature, receive treatment commensurate with their importance. ^ One of the most striking features of the work consists in the way in which literary movements are clearly outlined at the beginning of each chapter. Special attention is given to the essential qualities which dilFerentiate one period from another, and to the animating spirit of each age. The author shows that each period has contributed something definite to the literature of England, either in laying characteristic foundations, in presenting new ideals, in improving literary form, or in widening the circle of human thought, ^ At the end of each chapter a carefully prepared list of books is given to direct the student in studying the original works of the authors treated. He is told not only what to read, but also where to find it at the least cost. The book contains a special literary map of England in colors. AMERICAN BOOK COMPANY (90) A HISTORY OF AMERICAN LITERATURE By REUBEN POST HALLECK, M.A., Principal, Male High School, Louisville, Ky. ^1.25 A COMPANION volume to the author's History of Eng- lish Literature. It describes the greatest achievements in American literature from colonial times to the pres- ent, placing emphasis not only upon men, but also upon liter- ary movements, the causes of which are thoroughly investi- gated. Further, the relation of each period of American literature to the corresponding epoch of English literature has been carefully brought out — and each period is illumin- ated by a brief survey of its history. ^ The seven chapters of the book treat in succession of Colonial Literature, The Emergence of a Nation (1754- 1809), the New York Group, The New England Group, Salithern Literature, Western Literature, and the Eastern Realists To these are added a supplementary list of less important authors and their chief works, as well as A Glance Backward, which emphasizes in brief compass the most im- portant truths taught by American literature. ^ At the end of each chapter is a summary which helps to fix the period in mind by briefly reviewing the most significant achievements. This is followed by extensive historical and literary references for further study, by a very helpful list of suggested readings, and by questions and suggestions, designed to stimulate the student's interest and enthusiasm, and to lead him to investigate for himself the remarkable literary record of American spirituality, individuality, initiative, and democratic aspiration and accomplishment. ^ While within the comprehension ot secondary pupils, the treatment is sufficiently full and suggestive for a systematic, progressive study of American literature. HEDRICK'S ALGEBRA FOR SECONDARY SCHOOLS By E. R. HEDRICK, Professor of Mathematics, University of Missouri. $ 1 .00 THIS volume, v^hile it meets the entrance requirements of American coDeges and universities, is written especi- ally for those students for v^hom the high school course is to be the last. The essential subjects are, therefore, treated first in the body of the book, v^hile an appendix provides for subjects included especially for college requirements. ^ The book is both modern and conservative. It is mod- ern by its omission of undesirable material, compensated for by the insertion of useful interesting topics of tried w^orth, and by its effort to teach algebra as an integral part of mathe- matics and of science as a whole, rather than as a disjoined, isolated, unusable discipHne. It is conservative in that no im- portant topic is eliminated and no topic is introduced for the sake of passing popularity or sensational novelty. The author has tried to embody the saner views, both radical and con- servative, expressed in recent reports of committees on the teaching of algebra. Throughout the book the transition from arithmetical to algebraic concepts has been made natural and easy. ^ The book is teachable as well as scientific. It is distmguished by the simplicity of its language, the accuracy of its definitions, and the soundness of its treatment. The problems represent a wide range of subjects and deal largely with familiar objects, conditions, and relations ; the exercises are numerous, and the drills exhaustive. Graphs are handled as a normal part of alge- braic knowledge, without extensive discussion or ostentatious nomenclature. No complicated curves are used in exercises for the student. Valuable summaries for review are given at the end of each chapter. AMERICAN BOOK COMPANY (60) PLANE GEOMETRY DEVELOPED BY THE SYLLABUS METHOD By EUGENE RANDOLPH SMITH, A. M., Head of the Department of Mathematics, Polytechnic Preparatory School, Brooklyn, N. Y. Formerly Head of the De- partment of Mathematics, Montclair High School, Mont- clair, N. J. $0.75 THIS is the only complete and thoroughly worked-out plan of teaching geometry by the Syllabus Method. It makes the study more profitable. It makes the pupil do the thinking, not the teacher or the author. It teaches pupils how to discover the proofs for themselves, instead of memorizing those given in the textbook. It gives the maxi- mum of mental training with the minimum waste of energy. ^ The book contains the definitions, axioms, etc. j the state- ments of theorems; a discussion of methods; four kinds of exercises; and classified summaries of the theorems. Except for a few specimen proofs and some necessary hints, the de- monstrations are omitted, but before the work is undertaken, propositions having any difficulty are fully discussed in class with the teacher, who guides the investigation by questions which do not imply their own answers. The pupil is made &miliar with the laws of logic used in plane geometry^ and understands the **what" and **why" of each step. Much aid is given by the oral and review questions. ^ The work is sufficient to prepare for any college, although the total of propositions to be proved is about fifty less than in the average book. The Syllabus Mei-hod is as well adapted to large as to small classes, and takes no more time than any other plan. It produces tremendous class enthusiasm, which acts as a strong incentive and encourages individuality. It en- ables the teacher to become better acquainted with his pupils and their difficulties, and hence to aid them more intelligendy. AMERICAN BOOK COMPANY (314) ESSENTIALS IN HISTORY ESSENTIALS IN ANCIENT HISTORY . . ;^i.5o From the earliest records to Charlemagne. By ARTHUR MAYER WOLFSON, Ph.D., First Assistant in History, DeWitt Clinton High School, New York. ESSENTIALS IN MEDIEVAL AND MODERN HISTORY ^1.50 From Charlemagne to the present day. By SAMUEL BANNISTER HARDING, Ph.D., Professor of Euro- pean History, Indiana University. ESSENTIALS IN ENGLISH HISTORY . . ^^1.50 From the earliest records to the present day. By ALBERT PERRY WALKER, A.M., Master in His- tory, English High School, Boston. ESSENTIALS IN AMERICAN HISTORY . ^1.50 From the discovery to the present day. By ALBERT BUSHNELL HART, LL.D., Professor of History, Harvard University. THESE volumes correspond to the four subdivisions re- quired by the College Entrance Examination Board, and by the New York State Education Department. Each volume is designed for one year's w^ork. Each of the v^riters is a trained historical scholar, familiar v^ith the con- ditions and needs of secondary schools. ^ The effort has been to deal only vi^ith the things which are typical and characteristic; to avoid names and details v^hich have small significance, in order to deal more justly v^^ith the forces v^rhich have really directed and governed man- kind. Especial attention is paid to social history, as well as to the movements of sovereigns and political leaders. •[[ The books are readable and teachable, and furnish brief but useful sets of bibliographies and suggestive questions. No^ pains have been spared by maps and pictures, to furnish a significant and thorough body of illustration, which shall make the narradve distinct, memorable, and clear. AMERICAN BOOK COMPANY (130) ELEMENTS OF POLITICAL ECONOMY By J. LAURENCE LAUGHLIN, Ph.D., Head Pro- fessor of Political Economy, University of Chicago :gl.20 IN the present edition the entire work i:. thoroughly revised and as regards both theory and praciical data is entirely in accord with the times. The treatment is sufficiently plain for even high school students. ^ The book is in two parts: Part I, pertaining to the prin- ciples of political economy and containing chapters on the many phases of production, exchange, and distribution; and Part II, treating of such important topics as socialism, taxation, the national debt, free trade and protection, bimetallism. United States notes, banking, the national banking system, the labor problem, and cooperation. ^ The work is equally suitable for a short or a long course, and contains many valuable practical exercises which are intended to stimulate thought on the part of the stu- dent. A large bibliography, footnotes, and references are included. ^ Throughout the main purpose is to present a fair and impartial discussion of the important questions of the day, and to give a large amount of useful, practical information, rather than to devote extended space to abstract theory, ^ Among the important features of the new edition are a discussion of the law of satiety, final utility, and its relation- ship to expenses of production in the theory of value; an explanation of the industrial system wherein the time element has created a different organization from that of primitive society; an adjustment of consumption to the general eco- nomic principles; an enlarged statement of the development of division of labor, and a brief discussion of large production and so-called ** trusts." AMERICAN BOOK COMPANY AUG 12 1912 LIBRARY OF CONGRESS 011 795 568 my ■■■>■ ■" ^ X 4 ^^9/.A. ^^/^, m^m^'^.