i ■ ^f LIBRARY OF CONGRESS. ©|itp iiJMtisli fu Slielf...:S.3.Si. UNITED STATES OF AMERICA. .*^i S?4!^ ■ '>-mh ■ M i^t^ 'f-'i,. ::. "S %."&h^t ,:*%^:-v-'^' f '€ . Hand-Book of Civil Government. A HAiro-BOOK OF Civil Government UNDER THE CONSTITUTION OF THE UNITED STATES. FOR THE ^$4 $i ^t)tnh mi ^(dmk$. BY THOMAS D. SUPLEE, A.M., F.C.S., HEAD-MASTER OF HARCOURT PLACE SCHOOL. AND AUTHOR OF "AN ANALYSIS OF TRENCH ON THE STUDY OF WORDS." ETC. ^- ^S. OF CO COPY APR 23 188. Philadelphia : Eldredge & Brother, No. 17 North Seventh Street. 1883. s\ 2^^. 61* r Entered, according to Act of Congress, in the year 1883, by ELDEEDGE it BROTHER, In the Office of the Librarian of Congress, at Washington. <^ r"^i FAGAN I; SON, BLECTROTYPERS, PHILAD'A Preface. 3>«4C nrN the preparation of this Hand-Book of Gvil -^ Government, an effort has been made to in- clude all that is absolutely necessary for a full exposition of the subject, without exceeding the proper limits of a text-book to be used in schools and academies. The method pursued in explaining the various parts of the Constitution has been to give : I. A history of the clauses. II. Definitions of words and expressions occur- ring in the clauses. III. Questions answered in the language of the text itself. IV. Questions based upon principles involved in the text. VI PREFACE. V. To show by what legislative enactments an enforcement of the provisions of the clauses has been secured. VI. To exhibit the practical working of the different clauses. It is in the strict adherence to this method, together with the clear presentation of the pro- gress of civil liberty, the chronological statement of important acts of Congress, and the introduc- tion of test questions, that this book differs from others on the same subject ; and it is upon these features that its claims are mainly based. The form of the book and the arrangement of the material were adopted as the result of twelve years' experience in teaching the subject; and special importance is attached to the fact that quite a large proportion of the questions included in this book are those which were asked by pupils themselves. Thomas D. Suplee. Harcourt Place School, Gambier, Ohio. Contents. >5*:c PAGE 9 General Principles Colonial Relations . . . . . . . 11 Outline of the Articles of Confederation . 14 Origin of the Constitution ..... 16 The Text of the Constitution .... 18 Questions on the Constitution .... 40 Amendments to the Constitution . . . 158 Department Officers and Duties . . .179 Practical Operation of the Constitution . 187 State Governnnents 193 Chronology of Important Political Events, etc. 198 Definition of Legal Terms 227 Books for Reading and Reference . . 240 -5^1^ Cardinal Dates IN THE History of Civil Liberty. ENGLISH. 1218. Magna Charta. 126S. First House of Commons. 1296. Arbitrary Taxation forbidden. 1628. The Petition of Rights. 1679. The Habeas Corpus Act. 1689. The Bill of Rights. 1832. The Reform Bill. 1870. The Education Bill. AMERICAN. 1765. Congress of Delegates to resist Stamp Act. 1774. Declaration of Rights. 1776. Declaration of Independence. 1781. Articles of Confederation Adopted. 1788. Constitution of the United States Adopted. 1791. Bill of Rights Added to the Constitution. 1865. Abolition of Slavery. 1868. Civil Rights Amendment Adopted. 1870. Right of Suffrage Extended. Note. — In some cases, answers to questions have been omitted for the purpose of encouraging original investigation on the part of the pupil. Similar omissions will be noticed where the answer may readily be framed from the language of the text of the clause upon which the question is based. General Principles. 3>««Kc 16 HAND-BOOK OF CIVIL GOVERNMENT. Blackboard Exercise, No, 1, C 1. Derivation. I. Government. < 2. Definition. (,3. Examples. II. The State. III. Law. IV. Forms op Government. - V. Colonial Eelations. 1. Monarchy. 2. Aristocracy. 3. Democracy. 1. Settlements. 2. Governments. 3. Revolution. ^ 4. Confederation. a. Absolute. 6. Limited. c. Hereditary. d. Elective. c a. Discovery. I b. Title. {a. Provincial. b. Proprietary, c. Charter. / a. Origin. I b. Kesult. ORIGIN OF THE CONSTITUTION. 50. What is the Constitution of the United States ? The Constitution of the United States is a form of govern- ment framed and adopted by the people of the United States, and obligatory upon all the States until it is altered, amended, or abolished by the people in the manner pointed out in the instrument itself. 51. How should the Constitution be interpreted? The Constitution should be interpreted by endeavoring to ascertain the true sense and meaning of all the terms ; not ORIGm OF THE CONSTITUTION: 17 narrowing or enlarging them, by straining them from their just and natural import. 52. Why should the Constitution be implicitly obeyed ? The Constitution should be implicitly obeyed because the people have established it and spoken their will ; and their will, thus promulgated, is to be obeyed as the supreme law. 53. How is the Constitution construed in the first instance ? The Constitution is construed in the first instance by each department of government in the exercise of its own powers. 54. Is the construction of the Constitution by each department of government final ? Every citizen has a right to test the validity of that con- struction before the proper judicial tribunal, and to bring it to the test of the Constitution. 55. If judicial redress should fail, how may satisfaction be obtained in construing the Constitution ? By means of new elections or proposed amendments, the people may check any usurpation of authority and relieve themselves from grievances. 56. How is the Constitution related to subordinate governments ? State governments may continue and new ones be estab- lished, but always in conformity with the Constitution. 57. Where and when did the Convention which framed our present Constitution meet ? The Constitutional Convention met at Philadelphia, May 14, 1787. 58. Who was chosen President of the Convention? George Washington was chosen President. 59. When was the Constitution finally ratified ? The Constitution was finally ratified June 21, 1788. 60. Give the dates of the ratification of the Constitution in their order. The Constitution was ratified by the States in the follow- ing order : Delaware, December 7, 1787 ; Pennsylvania, Decem- ber 12, 1787 ; New Jersey, December 18, 1787 ; Georgia, 2* B 18 HAND-BOOK OF CIVIL GOVERNMENT. January 2, 1788 ; Connecticut, January 9, 1788 ; Massa- chusetts, February 6, 1788 ; Maryland, April 28, 1788 ; South Carolina, May 23, 1788 ; New Hampshire, June 21, 1788 ; Virginia, June 26, 1788 ; New York, July 26, 1788 ; North Carolina, November 21, 1789 ; Rhode Island, May 29, 1790. 61. When did the present government go into operation under the new Constitution ? The first Congress met on the fourth of March, 1789, and George Washington was inaugurated President of the United States April 30, 1789. CONSTITUTION OF THE UNITED STATES. [Note.— The following text of the Constitution and Amendments should be carefully studied, so that the pupil can give the substance of the dif- ferent clauses, with the subject of each. The leading titles, which form an analysis of the Constitution, do not appear in the original instrument. Numbers are placed at the left of each article, so that the different parts may be easily referred to throughout the book.] The Enacting Clause. TTe, the People of the United States, in order to form a more perfect union, establish justice, insure domestic tran- quillity, provide for the common defence, promote the gen- eral welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America. AETIOLE I -LEGISLATIVE DEPAKTMENT. Section I.— Division into Two Houses. 1. All legislative" powers herein granted shall l)t vested in a Congress of the United States, which shall consist of a Senate and House of Representatives. CONSTITUTION OF THE UNITED STATES. 19 Section II. — House of Kepresentatiyes. 1. 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. 2. No person shall be a Representative who shall not have attained to the age of twenty-five years, and been j seven years a citizen of the United States, and who shall not, when elected, be an inhabitant of that State in which he shall be chosen. 3. Representatives and direct taxes shall be appor- tioned among the several States which may be included within this Union, according to their respective numbers, which shall be determined by adding to the whole num- ber of free persons, including those bound to service for a term of years, and excluding Indians not taxed, three- fifths of all other persons. The actual enumeration shall be made within three years after the first meeting of the Congress of the United States, and within every subse- quent term of ten years, in such manner as they shall by law direct. The number of Representatives shall not ex- ceed one for every thirty thousand, but each State shall have at least one Representative ; and, until such enumer- ation shall be made, the State of Kew 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 Caro- lina five. South Carolina five, and Georgia three. 6 4. When vacancies happen in the representation fi-om any State, the executive authority thereof shall issue writs of election to fill such vacancies. 5. The House of Representatives shall choose their 20 HAND-BOOK OF CIVIL GOVERNMENT. 8 9 10 11 12 13 Speaker and other officers, and shall have the sole power of impeachment. Section III.— Senate. 1. The Senate of the United States shall be composed of two Senators from each State, chosen by the Legisla- ture thereof for six years ; and each Senator shall have one vote. 2. Immediately after they shall be assembled in con- sequence of the first election, they shall be divided, as equally as may be, into three classes. The seats of the Senators of the first class shall be vacated at the expira- tion of the second year ; of the second class, at the expi- ration of the fourth year ; and of the third class, at the expiration of the sixth year ; so that one-third may be chosen every second year : and if vacancies happen, by resignation or otherwise, during the recess of the Legis- lature of any State, the executive thereof may make temporary appointments until the next meeting of the Legislature, which shall then fill such vacancies. 3. No person shall be a Senator who shall not have attained to the age of thirty years, and been nine years a citizen of the United States, and Avho shall not, when elected, be an inhabitant of that State for which he shall be chosen. 4. The Vice-President of the United States shall be President of the Senate, but shall have no vote unless they be equally divided. 5. The Senate shall choose their other officers, and also a President pro tempore in the absence of the Vice- President, or when he shall exercise the office of Presi- dent of the United States. 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 pre- CONSTITUTION OF THE UNITED STATES. 21 side ; and no person shall be convicted without the con- currence of two-thirds of the members present. 7. Judgment in cases of impeachment shall not ex- tend further than to removal from office, and disqualifi- cation to hold and enjoy any office of honor, trust, or profit, under the United States ; but the party convicted shall nevertheless be liable and subject to indictment, trial, judgment, and punishment, according to law. Section IT.— Elections and Meetings of Congress. 1. The times, places, and manner of holding elections for Senators and Kepresentatives shall be prescribed in each State by the Legislature thereof; but the Congress may at any time, by law, make or alter such regula- tions, except as to the places of choosing Senators. 2. The Congress shall assemble at least once in every year ; and such meeting shall be on the first Monday in December, unless they shall by law appoint a different day. Section V.— Powers and Duties of the Houses. 1. Each House shall be the judge of the elections, re- turns, and qualifications of its own members ; and a ma- jority 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 ab- sent members, in such manner and under such penalties as each House may provide. 2. Each House may determine the rules of its pro- ceedings, punish its members for disorderly behavior, and, with the concurrence of two-thirds, expel a member. 3. Each House shall keep a journal of its proceed- ings, and from time to time publish the same, excepting such parts as may, in their judgment, require secrecy ; and the yeas and nays of the members of either House 22 HAND-BOOK OF CIVIL GOVERNMENT. 20 21 22 23 24 on any question shall, at the desire of one-fifth of those present, be entered on the journal. 4. Neither House, during the session of Congress, shall, without the consent of the other, adjourn for more than three days, nor to any other place than that in which the two Houses shall be sitting. Section YI.— Priyilegres of and Prohibitions upon Members. 1. The Senators and Kepresentatives 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 attend- ance at the session of their respective Houses, and in going to and returning from the same ; and for any speech or debate in either House, they shall not be questioned in any other place. 2. No Senator or Representative shall, during the time for which he was elected, be appointed to any civil office under the authority of the United States which shall have been created, or the emoluments whereof shall have been increased, during such time ; and no person holding any office under the United States shall be a member of either House during his continuance in office. Section YII.— Revenue Bills : President's Yeto. 1. All bills for raising revenue shall originate in the House of Representatives ; but the Senate may propose or concur with amendments, as on other bills. 2. Every bill which shall have passed the House of Representatives and the Senate shall, before it become a law, be presented to the President of the United States : if he approve, he shall sign it ; but, if not, he shall return it, with his objections, to that House in which it shall have origmated, who shall enter the objections at CONSTITUTION OF THE UNITED STATES. 23 large on their journal, and proceed 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 like- wise be reconsidered ; 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 ; 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 ; in which case it shall not be a law. 3. Every order, resolution, or vote, to which the con- currence of the Senate and House of Representatives may be necessary (except on a question of adjourn- ment), shall be presented to the President of the Uni- ted States, and, before the same shall take effect, shall be approved by him, or, being disapproved by him, shall be repassed by two-thirds of the Senate and House of Representatives, according to the rules and limitations prescribed in the case of a bill. Section V 111.— Express Powers of Congress, The Congress shall have power, — 1. To lay and collect taxes, duties, imposts, and ex- cises, to pay the debts, and provide for the common de- fence and general welfare, of the United States ; but all duties, imposts, and excises shall be uniform throughout the United States ; 2. To borrow money on the credit of the United States ; 3. To regulate commerce with foreign nations, and among the several States, and with the Indian tribes ; 24 HAND-BOOK OF CIVIL GOVERNMENT. 29 4. To establish a uniform rule of naturalization, and uniform laws on the subject of bankruptcies, throughout the United States ; 30 5. To coin money, regulate the value thereof and of foreign coin, and fix the standard of weights and meas- ures; 31 I 6. To provide for the punishment of counterfeiting the securities and current coin of the United States; 32 7. To establish post-ofl[ices and post-roads ; 33 34 35 36 37 38 39 40 41 8. To promote the progress of science and useful arts, by securing for limited times, to authors and inventors, the exclusive right to their respective writings and dis- coveries ; 9. To constitute tribunals inferior to the Supreme Court ; 10. To define and punish piracies and felonies com- mitted on the high seas, and offences against the law of nations ; 11. To declare war, grant letters of marque and re- prisal, and make rules concerning captures on land and water ; 12. To raise and support armies; but no appropria- tion of money to that use shall be for a longer term than two years ; 13. To provide and maintain a navy ; 14. To make rules for the government and regulation of the land and naval forces ; 15. To provide for calling forth the militia to execute the laws of the Union, suppress insurrections, and repel invasions ; 16. To provide for organizing, arming, and disciplining the militia, and for governing such part of them as may be employed in the service of the United States, reserving to the States respectively the appointment of the officers, and the authority of training the militia ac- cording to the discipline prescribed by Congress ; CONSTITUTION OF THE UNITED STATES. 25 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 Govern- ment of the United States ; and to exercise like author- ity 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, — 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. Section IX.— Prohibitions upon the United States, 1. The migration or importation of such persons as any of the States now existing shall think proper to ad- mit shall not be prohibited by the Congress prior to the year one thousand eight hundred and eight ; but a tax or duty may be imposed on such importation, not ex- ceeding ten dollars for each person. 2. The privilege of the writ of habeas corpus shall not be suspended, unless when, in cases of rebellion or invasion, the public safety may require it. 3. No bill of attainder, or ex-post-facto law% shall be 4. No capitation or other direct tax shall be laid, un- less in proportion to the census or enumeration herein- before directed to be taken. 5. No tax or duty shall be laid on articles exported from any State. 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 3 26 BAND-BOOK OF CIVIL GOVERNMENT. 49 50 51 52 or from one State be obliged to enter, clear, or pay duties, in another. 6. No money shall be drawn from the treasury but in consequence of appropriations made by law ; and a regu- lar statement and account of the receipts and expen- ditures of all public money shall be published from time to time. 7. 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. Section X, — ^Prohibitions upon the States. 1. No State shall enter into any treaty, alliance, or confederation ; grant letters of marque and reprisal ; coin money; emit bills of credit; make anything but gold and silver coin a tender in payment of debts ; pass any bill of attainder, ex-post-facto law, or law impairing the obligation of contracts ; or grant any title of nobil- ity. 2. No State shall, without the consent of the Congress, lay any imposts or duties on imports or exports, except what may be absolutely necessary for executing its in- spection laws ; and the net produce of all duties and im- posts laid by any State on imports or exports shall be for the use of the treasury of the United States, and all such laws shall be subject to the revision and control of the Congress. 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 im- minent danger as will not admit of delay. 53 54 55 CONSTITUTION OF THE UNITED STATES. 27 AETIOLE II.-EXEOUTIVE DEPAETMENT. Section I. Term : Election : Qualifications : Salary : Oath of Office. 1. The executive power shall be vested m a Presi- dent of the United States of America. He shall hold his office during the term of four years^, and, together with the Vice-President chosen for the same term, be elected as follows : — 2. Each State shall appoint, in such manner as the Legislature thereof may direct, a number of Electors, equal to the whole number of Senators and Kepresenta- tives 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. {Superseded by the 12th Article of Amendmenls.) 3. The Electors shall meet in their respective States, and vote by ballot for two persons, of whom one, at least, shall not be an inhabitant of the same State with themselves. And they shall make a list of all the persons voted for, and of the number of votes for each ; which list they shall sign and certify, and trans- mit sealed to the seat of the Government of the United States, directed to the President of the Senate. The President of the Senate shall, in the presence of the Senate and House of Eepre- sentatives, open all the certificates, and the votes shall then be counted. The person having the greatest number of votes shall be the President, if such number be a majority of the whole number of Electors appointed ; and, if there be more than one who have such majority and have an equal number of votes, then the House of Representatives shall immediately choose, by ballot, one of them for President ; and, if no person have a majority, then, from the five highest on tlie list, the said House shall in like manner choose the President. But, in choosing the President, the votes shall be taken by States, the representation from each State having one vote : a quorum for this purpose shall consist of a member or members from two-thirds of the 28 HAND-BOOK OF CIVIL GOVERNMENT. States, and a majority of all the States shall be necessary to a choice. In every case, after the choice of the President, the per- son having the greatest number of votes of the Electors shall be Vice-President. But, if there should remain two or more who have equal votes, the Senate shall choose from them, by ballot, the Vice-President. 56 57 58 59 60 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 Uni- ted States. 5. No person, except a natural-born citizen, or a citi- zen of the United States at the time of the adoption of this Constitution, shall be eligible to the office of Presi- dent ; neither shall any person be eligible to that office who shall not have attained to the age of thirty-five years, and been fourteen years a resident within the United States. 6. In case of the removal of the President from office, or of his death, resignation, or inability to discharge the powers and duties of the said office, the same shall de- volve on the Vice-President ; and the Congress may by law provide for the case of removal, death, resignation, or inability, both of the President and Vice-President, declaring what officer shall then act as President, and such officer shall act accordingly until the disability be removed, or a President shall be elected. 7. The President shall, at stated times, receive for his services a compensation, which shall neither be 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. 8. Before he enter on the execution of his office, he shall take the following oath or affirmation : — 9. " I do solemnly swear (or affirm) that I will faith- fully execute the office of President of the United States ; CONSTITUTION OF THE UNITED STATES. 29 and will, to the best of my ability, preserve, protect, and defend the Constitution of the United States." Section II.— President's Executiye Powers. 1. The President shall be commander-in-chief of the army and navy of the United States, and of the militia of the several States when called into the actual service of the United States : he may require the opinion, in 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 offences against the United States, except in cases of impeachment. 2. He shall have power, by and with the advice and consent of the Senate, to make treaties, provided two- thirds of the Senators present concur ; and he shall nom- inate, and by and with the advice and consent of the Senate shall appoint, ambassadors, other public ministers, and consuls, judges of the Supreme Court, and all other officers of the United States whose appointments are not herein otherwise provided for, and which shall be estab- lished by law : but the Congress may by law vest the ap- pointment of such inferior officers as they think proper in the President alone, in the courts of law, or in the heads of departments. 3. The President shall have power to fill up all vacan- cies that may happen during the recess of the Senate by granting commissions, which shall expire at the end of their next session. Section III.— President's Executive Powers. 1. 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 3* 30 HAND-BOOK OF CIVIL GOVERNMENT. 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 ambas- sadors and other public ministers ; he shall take care that the laws be faithfully executed, and shall commis- sion all the officers of the United States. 65 66 67 Section IV.— Impeachment. 1. The President, Vice-President, and all civil officers of the United States, shall be removed from office on impeachment for, and conviction of, treason, bribery, or other high crimes and misdemeanors. AETIOLE III.-JUDIOIAL DEPARTMENT. Section I.— Courts: Terms of Office. 1. 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 es- tablish. 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 com- pensation, which shall not be diminished during their continuance in office. Section II.— Jurisdiction. 1. 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 am- bassadors, other public ministers, and consuls ; to all cases of admiralty and maritime jurisdiction ; to con- troversies 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 CONSTITUTION OF THE UNITED STATES. 31 of different States, between citizens of tlie same State claiming lands under grants of different States, and be- tween a State, or the citizens thereof, and foreign states, citizens, or subjects. 2. In all cases affecting ambassadors, other public ministers, and consuls, and those in which a State shall be a party, the Supreme Court shall have original juris- diction. In all the other cases before mentioned, the Su- preme Court shall have appellate jurisdiction, both as to law and fact, with such exceptions and under such regu- lations as the Congress shall make. 3. The trial of all crimes, except in cases of impeach- ment, shall be by jury ; and such trial shall be held in the State where the said crimes shall have been com- mitted : but, when not committed within any State, the trial shall be at such place or places as the Congress may by law have directed. Section III. — Treason. 1. Treason against the United States shall consist only in levying war against them, or in adhering to their enemies, giving them aid and comfort. 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. 2. The Congress shall have power to declare the pun- ishment of treason ; but no attainder of treason shall work corruption of blood, or forfeiture, except during the life of the person attainted. AETIOLE IV -EELATIONS OF STATES. Section I.— Public Records. 1. 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 82 BAND-BOOK OF CIVIL GOVERNMENT. laws, prescribe the manner in which such acts, records, and proceedings shall be proved, and the effect thereof. 73 74 75 76 77 78 Section II.— Mutual Big'hts. 1. The citizens of each State shall be entitled to all privileges and immunities of citizens in the several States. 2. A person charged in any State wdth 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 deliv- ered up, to be removed to the State having jurisdiction of the crime. 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 dis- charged from such service or labor, but shall be deliv- ered up on claim of the party to whom such service or labor may be due. Section III.— New States : Territories. 1. New States may be admitted by the Congress into this Union ; but no new State shall be formed or erected within the jurisdiction of any other State, nor any State be formed by the junction of two or more States, or parts of States, without the consent of the legislatures of the States concerned, as well as of the Congress. 2. The Congress shall have power to dispose of and make all needful rules and regulations respecting the territory, or other property, belonging to the United States ; and nothing in this Constitution shall be so con- struedas to prejudice any claims of the United States or of any particular State. Section IT.— National Protection. 1. The United States shall guarantee to every State in this Union a republican form of government, and shall CONSTITUTION OF THE UNITED STATES. 33 protect each of them against invasion, and, on application of the legislature or of the executive (when the legisla- ture cannot be convened), against domestic violence. AETIOLE Y.-AMENDMENT. 1. The Congress, whenever two-thirds of both Houses shall deem it necessary, shall propose amendments to this Constitution, or, on the application of the legislatures of two-thirds of the several States, shall call a convention for proposing amendments, which, in either case, shall be valid to all intents and purposes as part of this Constitu- tion, when ratified by the legislatures of three-fourths of the several States, or by conventions in three-fourths thereof, as the one. or the other mode of ratification may be proposed 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 afiect 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. ARTICLE YL- NATIONAL DEBTS: SUPEEMAOY OP NATIONAL LAW: OATH. 1. All debts contracted, and engagements entered into, before the adoption of this Constitution, shall be as valid against the United States, under this Constitution, as un- der the Confederation. 2. This Constitution, and the laws of the United States which shall be made in pursuance thereof, and all trea- ties 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 there- by, anything in the Constitution or laws of any State to the contrary notwithstanding. 3. The Senators and Representatives before mentioned, C 34 HAND-BOOK OF CIVIL GOVERNMENT. and the members of the several State legislatures, and all executive and judicial officers both of the United States and of the several States, shall be bound by oath or affirmation to support this Constitution ; but no re- ligious test shall ever be required as a qualification to any office or public trust under the United States. AKTIOLE VII. ESTABLISHMENT OF CONSTITUTION. 33 1. The ratification of the Conventions of nine States shall be sufficient for the establishment of this Constitu- tion between the States so ratifying the same. 84 85 86 AMENDMENTS TO THE CONSTITUTION. AKTIOLE I.-r-EEEDOM OP EELIGION, SPEECH, AND PEESS : EIGHT OP PETITION. Congress shall make no law respecting an establish- ment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech or of the press ; or the right of the people peaceably to assemble, and to pe- tition the government for a redress of grievances. AETICLE II.-EIGHT TO KEEP AEMS. 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. AETICLE III.-QUAETEEING OF SOLDIEES IN PEIVATE HOUSES. 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 prescribed by law. CONSTITUTION OF THE UNITED STATES. 35 AETIOLE IV.-SEAEOH-WAEEANTS. The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated ; and no warrants shall issue but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. AETIOLE Y.-OEIMINAL PEOOEEDINGS. No person shall be held to answer for a capital or otherwise infamous crime, unless on a presentment or in- dictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual ser- vice, in time of war or public danger ; nor shall any per- son be subject, for the same offence, to be twice put in jeopardy of life or limb ; nor shall be compelled, in any criminal case, to be a witness against himself; nor be de- prived of life, liberty, or property, without due process of law ; nor shall private property be taken for public use, without just compensation. AETIOLE VI -OEIMINAL PEOOEEDINGS. 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 witnesses in his favor ; and to have the assistance of counsel for his defence. AETIOLE VII.-JUET TEIAL IN OIVIL OASES. In suits at common law, where the value in contro- versy shall exceed twenty dollars, the right of trial by 86 BAND- BOOK OF CIVIL GOVERNMENT. 91 92 93 94 95 jury shall be preserved ; and no fact, tried by a jury, shall be otherwise re-examined in any court of the Uni- ted States than according to the rules of the common law. AKTIOLE VIII.-EXOESSIVE PUNISHMENTS. Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. ARTICLE IX.-EiaHTS OP PEOPLE NOT NAMED. The enumeration in the Constitution of certain rights shall not be construed to deny or disparage others re- tained by the people. ARTICLE X.-POWERS RESERVED TO STATES. The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are re- served to the States respectively, or to the people. ARTICLE XI -SUITS AGAINST STATES. The judicial power of the United States shall not be construed to extend to any suit in law or equity com- menced or prosecuted against one of the United States by citizens of another State, or by citizens or subjects of any foreign State. ARTICLE XII. ELECTION OF PRESIDENT AND VICE-PRESIDENT. 1. The electors shall meet in their respective States, and vote by ballot for President and Vice-President, one of whom, at least, shall not bean inhabitant of the same State with themselves : they shall name in their ballots the person voted for as President, and in distinct ballots the person voted for as Vice-President ; and they shall make distinct lists of all persons voted for as President, and of all persons voted for as Vice-President, and of CONSTITUTION OF THE UNITED STATES. 37 the number of votes for each ; which lists they shall sign and certify, and transmit, sealed, to the seat of the govern- ment of the United States, directed to the President of the Senate. The President of the Senate shall, in the pres- ence 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 Presi- dent shall be the President, if such number be a majority of the whole number of electors appointed ; and if no person have such majority, then, from the persons having the highest numbers, not exceeding three, on the list of those voted for as President, the House of Representa- tives 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 a mem- ber or members from two-thirds of the States, and a ma- jority 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 follow- ing, then the Vice-President shall act as President, as in the case of the death, or other constitutional disabil- ity, of the President. 2. The person having the greatest number of votes as Vice-President shall be the Vice-President, if such number be a majority of the whole number of electors appointed ; and if no person have a majority, then, from the two highest numbers on the list, the Senate shall choose the Vice-President : a quorum for the purpose shall consist of two-thirds of the whole number of Sen- ators ; and a majority of the whole number shall be necessary to a choice. 3. But no person constitutionally ineligible to the office of President shall be eligible to that of Vice- President of the United States. 4 38 HAND-BOOK OF CIVIL GOVERNMENT. 98 99 100 AKTIOLE XIII -ABOLITION OP SLAVERY. 1. Neither slavery nor involuntary servitude, except as a punishment for crime, whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction. 2. Congress shall have power to enforce this article by appropriate legislation. ARTICLE XIY -CIVIL RiaHTS. Citizenship, 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States ; nor shall any State deprive any person of life, liberty, or property, without due process of law, nor deny to any person within its jurisdiction the equal protection of the laws. Apportionment of Representatives. 2. Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State, ex- cluding Indians not taxed. But when the right to vote at any election for the choice of electors for President and Vice-President of the United States, representatives in Congress, the executive and judicial officers of a State, or the 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 way 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. CONSTITUTION OF THE UNITED STATES. 39 Political Disabilities. 3. No person shall be a senator or representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States or under any State, who, having previously taken an oath as a member of Congress, or as an officer of the United States, or as a member of any State Legislature, or as an 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 comfort to the enemies thereof But Congress may, by a vote of two-thirds of each House, remove such disa- bility. Public Debt. 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 in- surrection 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 ille- gal and void. Enforcement by Congress. 5. The Congress shall have power to enforce by ap- propriate legislation the provisions of this article. ARTICLE XV -RIGHT OP SUTPRAGE. Section 1. The right of the citizens of the United States to vote shall not be denied or abridged by the United States or any State on account of race, color, or previous condition of servitude. Section 2. The Congress shall have power to enforce by appropriate legislation the provisions of this article. Questions ON THE CONSTITUTION OF THE UNITED STATES. Note.— The pupil having now made himself familiar with the text of the Constitution, its various clauses will be examined in detail. The Enacting Clause. " We, the people of the United States, in order to form a more perfect union, establish justice, insure domestic tranquil- lity, provide for the common defence, promote the general wel- fare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America." [1.] 62. What is the first clause of the Constitution sometimes called ? The first clause of the Constitution is sometimes called the Preamble. 63. Was the term " Preamble " used by the framers of the Con- stitution ? The word " Preamble " was not used by the framers of the Constitution, and it is not found in the original manuscript. 64. W^hat is the difference between a preamble and an enacting clause ? 65. How does the enacting clause show the difference between the Articles of Confederation and the Constitution ? The Articles of Confederation were a compact between the States as such, while the enacting clause shows the Constitu- tion to be a compact of the People. 66. What are the objects of the enacting clause ? The objects of the enacting clause are to state the author- ity an4 purposes of the Constitution, to put it into effect, and to name the nation for whose benefit it is enacted. 40 QUESTIONS ON THE CONSTITUTION. 41 67. What were the purposes for which the Constitution was adopted ? 68. How is the enacting clause related to all the other clauses of the Constitution ? The enacting clause forms a valuable aid in interpreting the true meaning of the other clauses of the Constitution. 69. Into how many departments does the Constitution divide the government of the United Sfates ? The Constitution divides the government of the United States into three departments : the Legislative, Executive, and Judicial. 70. What is the Legislative power ? The Legislative power is the power which makes the laws. 71. What is the Executive power? The Executive power is the power which carries the laws into effect. 72. What is the Judicial power ? The Judicial power is the power which interprets the laws. 73. How many articles does the Constitution contain? 74. To what does each article of the Constitution relate ? 75. Are the three great departments of government entirely dis- tinct? The three great departments of government are not dis- tinct. The President has a veto on legislation, the Senate sometimes sits as a court, and sometimes transacts executive business. BlacJcboard Exercise, No. II, fl. House of Kepresentatives. [2.] J 2. Senate. [2.] 3. President U. S. > O o > 1. Legislative. 2. Executive. President of U. S. [53.] 3. Judicial. 1. Supreme Court. 2. Inferior Courts. [66.] [66.] 3. The Senate. [13.] f * Exercises the power of veto over Congressional legislation, t In cases of impeachment. 4* 42 HAND-BOOK OF CIVIL GOVERNMENT. AETIOLE I -THE LEGISLATIVE DEPARTMENT. Section I.— Congress. ^^All legislative powers herein granted, shall he vested in a Congress of the United States, which shall consist of a Senate and House of Representatives ^ [2.] 76. To what does this section relate ? 77. Define the words " legislative," " vested," and " Congress." * 78. Of what does the Congress of the United States consist ? 79. How was all authority vested under the Confederation ? 80. Was there any Executive or Judicial department under the Confederation ? 81. How many houses do most legislative bodies have? 82. How many houses did the Continental Congress have ? 83. What is the advantage of dividing the legislative body into two branches ? The advantage of dividing a legislative body into two branches is that each serves to act as a check upon the other. 84. How is the British Parliament composed ? 85. How does the British Parliament correspond with the Congress of the United States ? Section II.— House of Representatives. Clause I. " The House of Representatives shall he composed of memhers chosen every second year hy the people of the sev- eral States, and the electors in each State shall have the qualifi- cations requisite for electors of the most numerous hranch of the State legislature." [3.] 86. Define the words " Representatives," " several," " qualifications," and "legislature." 87. How is the House of Representatives composed ? 88. How often are Representatives chosen? 89. By whom are Representatives chosen ? 90. Who are meant by " electors " ? * The teacher should insist upon a careful definition of terms before proceeding to the following questions. QUESTIONS ON THE CONSTITUTION. 43 By " electors," voters are meant. 91. What are the qualifications of voters for Representatives? 92. How often were members of Congress chosen under the Confed- eration ? 93. By whom were members of Congress chosen under the Confed- eration ? 94. Could members of Congress be recalled under the Confedera- tion? 95. Why does the Constitution make the term of Representatives short? The Constitution makes the term of Representatives short, in order that they may come frequently and directly under the supervision of the people. 96. What difference of opinion was there about the term of Rep- resentatives in the Constitutional Convention ? In the Constitutional Convention some were in favor of a term of one and others of three years for Representatives. 97. What is the term of a member of the British House of Commons ? The term of a member of the British House of Commons is seven years. 98. Why are Representatives elected by the people? Representatives are elected by the people in order to bring one branch of the National Legislature into the closest relations with the people. 99. How else might Representatives have been elected ? Representatives might have been elected by the State Legislatures ? 100. How are the qualifications of voters defined? The qualifications of voters are defined by the States. 101. In voting for Representatives, how are the States divided ? In voting for Representatives, the States are divided into what are called Congressional districts. 102. Into how many Congressional Districts is each State divided ? Each State is divided into as many Congressional Districts as the State has Representatives. 44 HAND-BOOK OF CIVIL GOVERNMENT. 103. How are Congressional Districts designated ? • Congressional Districts are designated by numbers. 104. For how many candidates do the electors of each Congres- sional District vote ? The electors of each Congressional District vote for one candidate, though the candidate need not be a resident of the voters' district. 105. When was the law passed requiring elections of Kepresenta- tives by Districts ? 106. How many Congressional Districts are there in your State ? 107. Who are the Representatives of your State ? 108. When will the terms of the Representatives from your State expire ? 109. What is the most numerous branch of your State Legislature called? 110. What are the qualifications of those who vote for the mem- bers of the most numerous branch of your State Legislature ? 111. What is the number of the present Congress? 112. When will the present Congress expire? 113. Which political party is in the majority in the present Con- 114. When does the official year of our government begin? The official year of our government begins March 4th. 115. When does the fiscal year begin? The fiscal year of our government begins July 1st. Clause II. " No person shall he a Representative, who shall not have attained the age of twenty-five years, and been seven years a citizen of the United States, and who shall not, when elected, be an inhabitant of that State in which he shall be chosen.'^ [4.] 116. Define the words " Representative," *" attained," " citizen," " elected," " inhabitant," and " chosen." 117. To what does this clause relate ? - The definitions of words are sometimes repeated for the purpose of review. QUESTIONS ON THE CONSTITUTION. 45 This clause relates to the qualifications of Representatives. 118. How old must a Kepresentative be? 119. How long must a Kepresentative have been a citizen of the United States ? 120. What is required of Kepresentatives in regard to residence? 121. Can the States require any qualifications of Representatives which the Constitution does not ? It has been decided that the States cannot require qualifi- cations of Representatives which the Constitution does not. 122. Who prescribed the qualifications of Representatives under the Confederation? The States prescribed the qualifications of Representatives under the Confederation. 123. What age is required in the British Parliament? Members of the British Parliament are required to be twenty-one years of age. 124. What age is required for membership in the State Legislatures ? For membership in the State Legislatures, the age of twenty-one years is required. 125. Is a Representative required to be a natural-born citizen? 126. How long must an alien reside in this country before he can become a Representative in Congress ? A law of Congress requires five years' residence before an alien can become naturalized ; which, added to seven years' citizenship, requires twelve years' actual residence. 127. Is any exception made in favor of aliens who have served in the army? (See Question 540.) 128. Must a Representative be a resident of the District in which he is chosen ? A Representative is not required to be a resident of the District in which he is chosen, but simply of the State. 129. Why should a Representative be a resident of the State in which he is chosen ? A Representative should be a resident of the State in which he is chosen, in order that he may be better acquainted with the wants of the people whom he represents, and guard their interests. 46 HAND-BOOK OF CIVIL GOVERNMENT. 130. Are Kepresentatives required to continue their residence in the State which they represent ? Representatives are not required to continue their residence in the States in which they are chosen ; they may hold their seats in Congress even though they should change their residence. 131. Do members of Parliament ever represent other boroughs than tliose in which they live? Members of Parliament frequently represent other bor- oughs than those in which they live. 132. Does the Constitution require a Representative to be a voter? The Constitution does not require a Representative to be a voter. 133. Under what circumstances would the seven years' citizenship not be required of Representatives ? The seven years' citizenship would not be required if a State should come into the Union by conquest or purchase. The inhabitants would become citizens at once, and the seven years would not be insisted upon. 134. Can a person who has been disloyal be a Representative ? [101.] 135. Can a person holding an office under the United States be a Representative? [22.] A person holding an office under the United States cannot be a Representative ; he must first resign his office. 136. How old is the Representative from your District ? 137. Does the Representative of your District still reside in that District? 138. By what political party was the Representative of your Dis- trict elected ? Clause III. " Representatives and direct taxes shall he ap- portioned among the several States which may he included within this Union, according to their respective numbers, which shall he determined hy adding to the whole number of free per- sons, iyicluding those hound to service for a term of years, and excluding Indians not taxed, three-fifths of all other per- sons. The actual enumeration shall be made within three QUESTIONS ON THE CONSTITUTION 47 years after the first meeting of the Congress of the United States, and ivithin every subsequent term of ten years, in such manner as they shall by law direct. The number of Bepresentatives shall not exceed one for every thirty thousand, but each State shall have at least one Representative ; and until such enume- ration shall be made, the State of Neiv Hampshire shall be en- titled to choose three, Massachusetts eight, Rhode Island and Providence Plantations one, Connecticut five. New York six. New Jersey four, Pennsylvania eight, Delaware one, Maryland six,Virginia ten, North Carolina five, South Carolina five, and Georgia three." [5.] 139. Define " Eepresentatives," " direct taxes," " apportioned," " several," " respective," " determined," " service," " enumeration," "subsequent," and "entitled." 140. How are Representatives and direct taxes apportioned among the several States ? 141. Are any besides free persons counted in apportioning Eepre- sentatives ? 142. Who are meant by those bound to service for a term of years? By those bound to service for a term of years apprentices are meant. 143. What provision is made in regard to apprentices in apportion- ing Representatives ? 144. What provision is made in regard to Indians in apportioning Representatives ? 145. How is the whole number of free persons ascertained in appor- tioning Representatives ? 146. What must be added to the whole number of free persons in apportioning Representatives ? 147. Who are meant by " other persons " ? By the expression " other persons " used in this clause slaves are meant. 148. How has the portion of the clause referring to slaves been changed ? The portion of the clause referring to slaves has been changed by the Fourteenth Amendment. [100.] 149. When was the fii'st enumeration to be made ? 48 HAND-BOOK OF CIVIL GOVERNMENT. 150. When was the first census actually made ? The first census was made in 1790. 151. How often has the census been taken since 1790? 152. In what manner is the enumeration to be made ? 153. How was the number of Representatives originally limited ? 154. To how many Eepresentatives was each State entitled until the first census was taken ? 155. When was the last apportionment made ? The last apportionment of Representatives was made in 1882. 156. By what census was the apportionment of 1882 determined? The apportionment of 1882 was determined by the census of 1880. 157. What is the ratio of representation under the apportionment of 1882 ? The ratio of representation under the apportionment of 1882 is one Representative for every 151,912. 158. What is the whole number of Representatives under the ap- portionment of 1882 ? The whole number of Representatives under the appor- tionment of 1882 is three hundred and twenty-five. 159. How did the States vote in Congress under the Confedera- tion? In the Congress under the Confederation each State had one vote. 160. How do members of the House of Representatives vote ? Each member of the House of Representatives has one vote, and his vote is counted without reference to other Rep- resentatives from the same State, thus giving each State as many votes as it has Representatives. 161. How are Territories represented in Congress ? Each Territory is allowed to send one delegate to Congress, who may engage in debates, but who cannot vote. 162. How many Territorial delegates are there in the present Con- gress ? 163. How is the whole number of Representatives under a regular apportionment sometimes increased ? QUESTIONS ON THE CONSTITUTION. 49 The whole number of Representatives is somietimes in- creased by the admission of new States. 164. Has the present Kepresentative apportionment been increased by the admission of new States ? 165. Is the District of Cohimbia represented in Congress ? 166. Which State had the largest number of Kepresentatives in the First Congress ? 167. Which State has the largest number of Eepresentatives in Congress now ? 168. What is the smallest number of Eepresentatives a State can have? 169. Of how many members did the first House of Eepresentatives consist ? 170. State exactly how Eepresentatives are apportioned now. The manner in which an apportionment is made is this : Representation is based upon the number of persons in the States, excluding Indians not taxed. This number, for the whole country, according to the census of 1880, was 49,371,340. Dividing this number by 325, which was fixed upon for a full House of Representatives, the result was one hundred and fifty-one thousand nine hundred and twelve. This is known as the Representative quota. Now as every State must have one Representative, there is first assigned one to each of the States which have less than the number above given. Then the population of each State is divided by one hundred and fifty-one thousand nine hun- dred and twelve, and the quotient and remainder are care- fully noted. Next, Representatives are assigned to the several States, to the number so ascertained upon a division. Finally, additional Representatives are given to the States having the largest remainders, until the full number of 325 is ob- tained. A strong effort has been made to secure the adoption of a different plan, but the result of taking up with it has seemed to so many people to be unjust, that it has not been carried. 5 D 50 HAND-BOOK OF CIVIL GOVERNMENT. At present, the House of Eepresentatives consists of three hundred and twenty-five members. This distribution is based upon the census of 1880, and allows one member for every 151,912 inhabitants. The following table shows how many Eepresentatives each State now has, how many it had in the preceding decade, and the gain or loss in each State. Present State. Number, 1. Alabama 8 2. Arkansas 5 3. California 6 4. Colorado 1 5. Connecticut 4 6. Delaware 1 7. Florida 2 8. Georgia 10 9. Illinois 20 10. Indiana 13 11. Iowa 11 12. Kansas 7 13. Kentucky 11 14. Louisiana 6 15. Maine 4 16. Maryland 6 17. Massachusetts 12 18. Michigan 11 19. Minnesota 5 20. Mississippi 7 21. Missouri 14 22. Nebraska 3 23. Nevada 1 24. New Hampshire.... 2 25. New Jersey 7 26. New York. 34 27. North Carolina 9 28. Ohio .-. 21 29. Oregon 1 30. Pennsylvania 28 t Number Heretofore. 8 Gain. ... 1 Loss. 4 4 ... 2 ... 1 1 4 1 2 9 . 19 ... 1 13 9 ... 2 ... 4 ... 1 3 ...... 10 6 5 1 6 11 ... 1 9 ... 2 3 ... 2 6 ... 1 13 ... 1 1 .... ... 2 1 3 1 7 1 33 . . 8 ..... ... 1 20 ... 1 1 ... 1 27 QUESTIONS ON THE CONSTITUTION 51 Future Present State. Number. Number. Gain. Loss. 31. Khode Island 2 2 32. South Carolina 7 5 2 33. Tennessee 10 10 34. Texas 11 6 5 35. Vermont 2 3 36. Virginia 10 9 1 37. West Virginia 4 3 1 38. Wisconsin 9 8 1 Total 325 293 35 Fourteen States gain one member each ; six gain two each ; one gains four, and one gains five. Three States lose one member each, and thirteen have an unchanged representation. The three which lose are all in New England, and the two largest gainers are Kansas and Texas in the Southwest. Clause IV. " When vacancies happen in the representation from any State, the executive authority thereof shall issue writs of election to fill such vacancies." [6.] 171. Define the words "vacancies," "representation," "issue," " writs," and " election." 172. To what does this clause relate ? 173. How are vacancies in the House of Kepresentatives filled ? 174. How may vacancies in the House of Eepresentatives happen? Vacancies may happen in the House of Representatives by death, resignation, removal, or accepting offices which Representatives are not allowed to hold. 175. How long does the person elected to fill a vacancy in the House of Eepresentatives hold his office ? A person elected to fill a vacancy in the House of Repre- sentatives only holds the office during the remainder of the term. 176. How are writs of Representative elections directed ? Writs of Representative elections are directed to the Con- gressional District in which the vacancy occurs. 177. What is the election held in accordance with Executive writs caUed? The election held in accordance with Executive writs is called a Special Election. 62 HAND-BOOK OF CIVIL GOVERNMENT. 178. Is there any vacancy in the representation of your State ? 179. What is meant by the Executive authority of a State ? Clause V. " The House of Representatives shall choose their Speaker and other officers ; and shall have the sole power of impeachment [7.] 180. Define the words "House," and "sole." 181. What is meant by the " Speaker"? The Speaker is the presiding officer of tlie House of Rep- resentatives. 182. What was the presiding officer of the Continental Congress called ? The presiding officer of the Continental Congress was called the President. 183. Who are meant by the "other officers" ? 184.- What is the power of impeachment ? Impeachment is the right which Representatives have to bring an accusation against officers of government for mal- administration of office. 185. By whom are the Speaker and other officers appointed ? 186. How is the Speaker of the House of Kepresentatives chosen? The Speaker of the House of Representatives is chosen from among the members themselves, being himself a Rep- resentative. 187. Why is it important that the Speaker of the House should be a Eepresentative ? A Speaker not responsible to the House might be the cause of considerable trouble. 188. Are the other officers members of the House? The officers of the House of Representatives other than the Speaker are not members of the House. 189. How is the office of Clerk of the House of Eepresentatives usually filled ? The office of Clerk of the House of Representatives is usually filled by an ex-member of Congress. QUESTIONS ON THE CONSTITUTION 53 190. Why is the office of Clerk one of great importance? The office of Clerk of the House of Representatives is one of great importance because he presides at the organization of the subsequent Congress, and it sometimes occurs that a Speaker is not elected at once. 191. What are the duties of the Sergeant-at-Arms, Doorkeeper, Post- master, and Chaplain ? 192. Who has the sole power of impeachment ? 193. Are impeachments tried by the House of Kepresentatives ? Impeachments are tried by the Senate. 194. What are the duties of the House of Kepresentatives in cases of impeachment? The duties of the House of Representatives in cases of impeachment, are to make inquiry, prepare a report accord- ingly, draw up articles containing charges, and appoint a committee to prosecute the impeachment before the Senate. 195. Who are the present officers of the House of Eepresentatives ? 196. Are any of the present officers of the House of Kepresentatives residents of your State or District ? 197. In which Kepresentative District do you live? 198. To which political party does the present Speaker of the House belong ? Principal Officers of the House. Speaker, Chaplain, Clerk of the House, Chief Clerk, Sergeant-at-Arms, Postmaster, Doorkeeper, Superintendent of Folding-Room, Superintendent of Upper Document-Room, Superintendent of Lower Document-Room, Librarian, Stenographers, Official Reporters of Debates, and Public Printer. 54 HAND-BOOK OF CIVIL GOVERNMENT. Blackboard Exercise, No, III, I. Composition. [3.] 11. Term. [3.] III. Election. [3.] IV. Electors. [3.] V. Qualifications. 1. Age. [4.] 2. Citizenship. [4.] 3. Inhabitancy. [4.] 4. Disencumbrance. [82.] 5. Loyalty. [101.] VI. Apportionment. [5.] VII. Proportion. [5.] VIII. Census. [5.] IX. Vacancies. [6.] X. Officers. [7.] XI. Powers. [7.] Section III.— The Senate. Clause I. "T/ie Senate of the United States shall be com- posed of two Senators from each State, chosen by the Legislature thereof, for six years ; and each Senator shall have one vote." [8.] 199. What is the derivation and meaning of the word " Senate " ? 200. Define the words " composed," " chosen," and " vote." 201. How is the Senate composed? 202. By whom are Senators chosen ? 203. For how long are Senators chosen ? 204. How many votes has each Senator? 205. Why was it arranged that the Senate should be composed of two Senators from each State ? The composition of the Senate was the result of a com- promise between the larger and smaller States ; the smaller States consenting to representation in the House on the basis of population, and the larger States consenting to equality in the Senate. 206. Is there any distinction in the Senate between States on account of size ? 207. How does the organization of the Senate differ from that of the House ? QUESTIONS ON THE CONSTITUTION. 65 208. Of how many members is the Senate at present composed ? 209. What is the difference in the mode of electing Senators and Kepresentatives ? 210. Does the Constitution prescribe the precise method in which the Legislature of a State shall choose the Senators ? The Constitution does not prescribe the precise method by which the Legislature of a State shall choose Senators, but Congress has regulated the time and manner of holding such elections. 211. How has Congress regulated the time of electing Senators? Congress has provided that the Legislature of each State, which shall be chosen next preceding the expiration of the time for which any Senator was elected, shall, on the second Tuesday after the meeting and organization thereof, proceed to elect a Senator. 212. How has Congress regulated the manner of electing Senators? Congress has also provided that each House of the State Legislature separately shall nominate a person for Senator ; the next day they shall meet in joint assembly ; and, if upon casting their votes the same person shall have received a majority of all the votes in each House, he shall be declared elected. If no person has received such majorities, the joint assembly shall cast at least one vote each day until a Senator is elected. 213. How is the election of Senators certified? The election of Senators is certified by the Governor of the State. 214. Can the Governor exercise the usual veto upon the election of Senators in the Legislature ? He cannot. 215. How does the term of the Senator differ from that of the Representative ? 216. Why is a long term of service fixed for Senators ? A long term is fixed for Senators in order to secure dig- nity, independence, and experience, and to give enough time for a fair trial of measures of great importance. 56 HAND-BOOK OF CIVIL GOVERNMENT. 217. What difference of opinion existed in reference to the Sena- torial term in the Constitutional Convention ? Terms of three, four, five, six, seven, and nine years were pro- posed; and some were in favor of extending the term for life. 218. How did the Continental Congress vote ? The Continental Congress voted by States ; the entire del- egation from each State having but one vote. 219. How do Senators vote under the Constitution? Under the Constitution each Senator has his own inde- pendent vote, which is counted whether his colleague is present or not ; and questions are decided by the votes of members, and not of States. 220. Who are the Senators from your State ? 221. When will the terms of the Senators from your State expire ? 222. To what political party do the Senators of your State be- long? 223. Have the Senators from your State served more than one term? Clause II. " Immediately after they shall he 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 class, at the expiration of the sixth year; so that one- third may be chosen every second year ; and if vacancies happen by resignation, or otherwise, during the recess of the Legislature of any State, the executive thereof may make temporary appoint- ments until the next meeting of the Legislature, which shall then fill such vacancies." [9.] 224. Define the words "seats," "vacated," "expiration," "resigna- tion," " recess," " executive," and " temporary." 225. To what does the first part of this clause relate ? 226. Into how many classes were the Senators of the First Con- gress divided ? 227. How long did the Senators of each of the first three classes hold their seats? QUESTIONS ON THE CONSTITUTION. 57 228. How long do their successors hold their seats ? Six years. 229. What proportion of the Senators is chosen every second year? 230. What was the object of the original classification of the Senate ? The object of the original classification of Senators was to have always in the Senate a large number of members who were well versed in public business. 231. When do the terms of the successors of the first Senators ex- pire As the Constitution went into operation in 1789, the terms of the successors of the first class expired in 1797, 1803, 1809, and so on ; the successors of the second class in 1799, 1805, 1811, and so on ; and the successors of the third class in 1801, 1807, 1813, and so on. 232. Two Senators from Ohio took their seats in 1803 : one was placed in the first class, and the other in the third. How long did each serve ? 233. How is a Congress measured ? A Congress is measured by the term of the Representa- tives. 234. When did the present Congress begin ? 235. What is the number of the present Congress ? 236. How can vacancies happen in the Senate ? 237. How are vacancies in the Senate usually filled ? 238. Who fills vacancies in the Senate if they happen during the recess of the State Legislature ? 239. How long do such persons serve ? 240. Has the Governor of the State any authority to fill vacancies when the Legislature is in session ? 241. How long does a Senator chosen by the Legislature to fill a vacancy hold his seat ? A Senator chosen by the Legislature to fill a vacancy holds his seat only until the expiration of his predecessor's term. 242. To which classes do the Senators of your State belong ? 243. Were the Senators from your State elected regularly for the full term, or to fill vacancies ? 68 HAND-BOOK OF CIVIL GOVERNMENT. Clause III. ''No person shall he 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.'^ [10.] 244. Define the words "Senator," "attained," "citizen," and "in- habitant." 245. To what does this clause relate ? To the qualifications of Senators. 246. How old must a Senator be ? 247. How long must a Senator have been a citizen of the United States ? 248. What provision is made in regard to the residence of a Senator? 249. Compare the qualifications of Kepresentatives and Senators. 250. Why is a Senator reqirired to be older than a Representative ? A Senator is required to be older than a Representative because his duties are thought to be of a more serious char- acter, requiring dignity, firmness, and independence. 251. What age was required in a Roman Senator? A Roman Senator was required to be thirty years of age. 252. What is the shortest space of time which must elapse before an alien can become a United States Senator? [29.] 253. Have any cases ever occurred of elections to the Senate with- out the requisite number of years of citizenship ? Albert Gallatin was so elected from Pennsylvania in 1793, and his seat vacated by resolution of the Senate. James Shields was so elected from Illinois in 1849, and his seat was in like manner vacated ; but he was re-elected a short time later ; the disability being by that time removed. 254. Can a Senator change his residence to another State after his election ? 255. Is a Senator the representative of any particular State ? i 256. How old are the Senators from your State ? 257. Are the Senators from your State native born, or naturalized citizens ? 258. Do the Senators from your State reside in the State in which they were elected ? 259. Can a United States ofiicer become a Senator? [22.] 260. Can a disloyal person be a Senator? [101.] QUESTIONS ON THE CONSTITUTION. 59 261. Are Senators and Kepresentatives officers of the United States ? It has been decided that they are not. Clause IV. ''The Vice-President of the United States shall be President of the Senate, but shall have no vote, unless they be equally divided" [11.] 262. Define the words " Vice-President," " President," " Senate," and " vote." 263. Who is President of the Senate ? 264. When is the President of the Senate entitled to vote ? 265. Why was the Senate not allowed to choose a presiding officer from among their own members ? The Senate was not allowed to choose a presiding officer from among their own members lest the State whose Senator should be elected should gain too much influence in the National Legislature. 266. Why is there not the same danger in the House of Kepre- sentatives ? There is not the same danger in the House of Representa- tives because that body is so much more numerous. 267. How do the State Legislatures follow the example of the Senate of the United States in reference to their presiding officer?. The Lieutenant-Governor presides in the State Senate. 268. What was the original plan of the Constitution in reference to a Vice-President ? There was to be no such officer as the Vice-President according to the original plan of the Constitution. The Senators were to elect their own presiding officer, who was to become President of the United States in case of the death, resignation, or removal of that officer. 269. How only has the Vice-President's vote any effect ? In aiding the affirmative ; the proposed bill has failed when the Senate is equally divided, unless the Vice-Presi- dent assist. 270. What becomes of a bill when the House of Eepresentatives js equally divided ? 60 HAND-BOOK OF CIVIL GOVERNMENT. When the House of Representatives is equally divided, a bill is lost. 271. Has the Vice-President's vote ever helped to carry any meas- ures of great importance ? 272. Who presides in the English House of Lords ? In the English House of Lords the Lord Chancellor, or some other person appointed by the Crown, presides. If no person be appointed, the Lords elect. 273. Who is the present President of the Senate? Clause V. " The Senate shall choose their other officers^ and also a President pro tempore, in the absence of the Vice-Presi- dent, or when he shall exercise the office of President of the United States." [12.] 274. Define "pro tempore" "exercise," and "office." 275. To what does this clause relate? 276. Ho"^ are the officers of the Senate chosen ? 277. When does the Senate choose a President pro tempore? 278. How is the President pro tempore of the Senate chosen? The President pro tempore of the Senate is elected from among the members of the Senate. 279. How many times in our history has the Vice-President been called to perform the duties of President ? 280. Is the President pro tempore of the Senate chosen perma- nently ? The President pro tempore of the Senate is not chosen permanently ; but it is customary to continue to elect the same Senator. 281. Is the President pro tempore of the Senate limited to a casting vote? The President pro tempore of the Senate is not limited to a casting vote ; he has his vote as a Senator. 282. When the Vice-President succeeds to the Presidency, what salary does the President pro tempore of the Senate receive ? The President pro tempore of the Senate receives the sal- ary of the Vice-President of the United States when he succeeds to the Presidency. QUESTIONS ON THE CONSTITUTION. 61 283. AVhy cannot the President pro tempore of the Senate be styled Vice-President of the United States? The Vice-President is an officer of the United States, the President pro tempore is a member of the Senate ; the former has only a casting vote, the latter votes the same as any other Senator ; the former must be thirty-five years of age, the latter need not be over thirty; the former serves out the balance of the term of the President, when he succeeds him ; the latter only until a President can be selected ; the former can be impeached, the latter cannot. 284. Can the term of the President pro tempore continue beyond his Senatorial term ? The term of the President pro tempore cannot continue beyond his Senatorial term. 285. Who are the "other officers" of the Senate? Chaplain, Secretary of the Senate, Chief Clerk, Principal Executive Clerk, Principal Legislative Clerk, Serge ANT- AT- Arms, Postmaster, Superintendent of Folding-Room, Superintendent of Document-Room, Official Reporters of Debates. Clause VI. " The Senate shall have the sole power to try all impeachments. When sitting for that puipose, 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 he convicted withoid the concurrence of two-thirds of the members present.'' [13.] 286. Define the words "impeachments," "sitting," "oath," "affir- mation," " Cluef-Justice," and " concurrence." 287. To what does this clause relate? 288. By whom are impeachments tried ? 6 62 HAND-BOOK OF CIVIL GOVERNMENT. 289. How are Senators bound when sitting as a Court in cases of impeachment ? 290. Who presides when the President of the United States is tried in case of impeachment? 291. What is necessary in order to convict a person on impeach- ment? 292. How is the character of the Senate changed when trying cases of impeachment ? When trying cases of impeachment, the Senate ceases to be legislative, and assumes judicial powers. 293. AVhere are the power and trial of cases of impeachment vested in the British Parliament ? In the British Parliament the power of impeachment is with the House of Commons, the trial with the Lords ; but the Lords are not bound by a special oath, and a majority is sufficient to convict. 294. Why does the Chief-Justice preside when the President is tried in case of impeachment ? Because the Vice-President is interested in the result of the trial ; and if the President is convicted, the Vice-Presi- dent succeeds to his office. 295. Why could not cases of impeachment be tried by the Supreme Court? Because the questions involved are more of a political than a legal character. 296. Does the President of the United States continue in the dis- charge of his duties during his trial in case of impeachment ? President Johnson did ; and Congress has enacted no law to the contrary. 297. How many cases of impeachment have occurred in our his- tory ? There have been six : William Blount, 1798 ; John Pick- ering, 1803 ; Samuel Chase, 1804 ; James H. Peck, 1830 ; West H. Humphries, 1862 ; and Andrew Johnson, 1868. 298. How many of these were convicted ? Only two : Judges Pickering and Humphries. 299. Why should not the verdict of the Senate in cases of impeach- ment be unanimous, as in a trial by jury ? QUESTIONS ON THE CONSTITUTION. 63 In consequence of the influence of political feelings, few persons could ever be convicted. 300. Why is a majority of two-thirds required for conviction in cases of impeachment ? To guard against hasty and inconsiderate decisions. Clause VII. ^^ Judgment in cases of impeachment shall not extend further than to removal from office, and disqualification to hold and enjoy any office of honor, trust, or profit under the United States ; hut the party convicted shall, nevertheless, be lia- ble and subject to indictment, trial, judgment, and punishment, according to law." [14.] 301. Define the words "judgment," "impeachment," "disqualifica- tion," "trust," "profit," "convicted," "subject," and "indictment." 302. To what does this clause relate ? 303. How far shall judgment in cases of impeachment extend ? 304. To what are persons convicted in cases of impeachment afterwards liable ? Persons convicted when impeached are afterwards liable to be tried by jury for the criminal violation of law. 305. How are impeached pei*sons when convicted punished in England? The person convicted may be fined, imprisoned, banished, or put to death. 306. What is the nature of the punishment in the United States of impeached persons when convicted ? It is political in its character ; being removal from office, and disqualification to hold it. 307. How do the Senators vote in cases of impeachment ? Each Senator, on each article of the impeachment, votes yea or nay on the guilt of the accused. 308. How is judgment in cases of impeachment pronounced? Each Senator answers yea or nay, first in reference to re- moval from office, and afterwards to disqualification to hold office. 309. How were Judges Humphries and Pickering punished ? The former was removed from office and disqualified to 64 HAND-BOOK OF CIVIL GOVERNMENT. hold any other under the United States ; the latter was re- moved from office only. Blackboard Exercise, No, I. Composition. [8.] II. Election. [8.] III. Term. [8.] IV. Vote. [8.] V. Classification. [9.] VI. Vacancies. [9.] IV. VII. Qualifications VIII. Officers. •] IX. Powers. 1. Age. [10.] 2. Citizenship. [10.] 3. Inhabitancy. [10.] 4. Diseneumbrance. [! 5. Loyalty. [101.] 1. Presiding. [U] 2. Other. [11.] f 1. Legislative. [23, 24, 25.] a. Appointments. [62.] 6. Treaties. [62.] 2. Executive. f a. Senate Officers. [12.] Elective, j^ Vice-President U. S. [96.] L4. Judicial. [13, 14.] Section IV.— Elections and Meeting's of Congress. Clause I. " The times, places, and manner of holding elections for Senators and Representatives, shall he prescribed in each State by the Legislature thereof: but the Congress may at any time, by law, make or alter such regulations, except as to the places of choosing Senators." [15.] 310. Define the words "elections," "prescribed," "alter," and " regulations." 311. To what does this clause relate ? 312. Who regulates the elections of Senators and Representatives? 313. To what three particulars are regulations as to Senators and Representatives limited ? 314. What power has Congress over the elections of Senators and Representatives ? 315. How is the power of Congress over the elections of Senators and Representatives limited ? QUESTIONS ON THE CONSTITUTION. 65 316. Whv should the power of regulating Congressional elections be given first to the State Legislatures ? Because they are the best judges of the local conveniences of their own States. 317. Why is not the power to regulate Congressional elections given unreservedly to the States ? Because they might for reasons of State wholly neglect to make the necessary provisions for holding them. 318. Illustrate this. A State might refuse to provide for the election of Sena- tors and Representatives, and multiplied instances of this sort might embarrass legislation, and finally endanger the existence of the government. 319. Give an instance of the refusal on the part of a State under the Confederation, to be represented in Congress. Rhode Island withdrew its members from Congress to pre- vent the passage of important measures. 320. How did Congress first provide for Congressional elections ? An act was passed June 25, 1842, providing that Rep- resentatives should be elected by districts of contiguous ter- ritory, equal to the number of Representatives. 321. How has Congress further regulated Congressional elections ? It has prescribed the mode of electing Senators ; provided that Representatives shall be voted for by w-ritten or prmted ballots; and fixed the Tuesday after the first Monday in November as the day on which Representatives shall be elected throughout the United States. 322. Why is the place of choosing Senators left unalterably with the Legislatures of the several States? In order that Congress should not have the right to pre- scribe to the State Legislatures their places of meeting. 823. How was the Congressional control of elections for Senators and Representatives regarded by the State Conventions called to ratify the Constitution? It was opposed by some on the ground that it would in the end destroy sufirage. 6* E 66 HAND-BOOK OF CIVIL GOVERNMENT. 324. Why has Congressional control of elections of Senators and Representatives worked well so far ? Because the States prescribe the qualifications of voters, and it makes very little difference who prescribes the time, places, and manner of holding elections. 325. Where are the Senators from your State elected ? 326. Locate the capital of your State. Clause II. "The Congress shall assemble at least once in every year, and such meeting shall be on the first Monday in December, unless they shall by law appoint a different day.'' [16.] 327. To what does this clause refer? 328. How often is Congress required to assemble ? 329. What day is fixed for the meeting of Congress ? 330. Has Congress the power to alter the date of its annual meet- ing? 331. How many regular sessions are there in each term of Congress? 332. How long does the first regular session of each Congress usually continue ? From December of the odd year till the following spring or summer. 333. When does the second regular session of Congress close ? On the 4th of March of the even year. 334. Is there a third regular session of Congress? 335. Can the President convene Congress at any time ? [64.] 336. Can the President prevent meetings of Congress ? 337. What would have been the result of the omission of this clause from the Constitution ? The time of assembling would have been left to Congress itself, or some other department of the Government. • 338. What danger would there have been in making no Constitu- tional provision for meeting of Congress ? In times of corruption or usurpation, the Government might neglect altogether, or put off the meeting of Congress, for the purpose of preventing the correction of abuses. 339. Why is the place of meeting of Congress not designated in the Constitution ? Because the seat of the National Government was not QUESTIONS ON THE CONSTITUTION. 67 then established, and because war, pestilence, or some other accidental cause might interfere with the meeting at any named place. 340. Where does Congress now meet ? 341. At what different places has Congress met since the adoption of the Constitution? 342. Would a Congress be illegal, and without power to legislate, if it did not meet on the first Monday in December ? 343. Who convenes and dissolves the English Parliament? The Sovereign can convene and dissolve them at any- time. 344. What is the longest session of Congress on record ? 345. What was known as the long Parliament in English history ? Section V.— Powers and Duties of tlie Houses. Clause I. "Each House shall he the judge of the eledionSy returns, and qualifications of its own members, and a majority of each shall constitute a quorum to do husiyiess ; hut a ^nailer numher may adjourn from day to day, and may he authorized to compel the attendance of absent members, in such manner, and under such penalties, as each House may provide.^' [17.] 346. Define the words "judge," " elections," " returns," " qualifica- tions," " majority," " constitute," " quorum," " adjourn," and " pen- alties." 347. Who decides whether a person has been propejly elected to Congress ? 348. Who is the judge of the qualifications of persons claiming seats in Congress? 349. What constitutes a quorum of either House of Congress ? 350. What authority has the minority in either House of Congress in reference to adjournment? 351. How may the attendance of Congressional absentees be made compulsory ? 352. Who furnishes certificates of election to Congress ? The State authorities. 353. Why should each House of Congress be the judge of the va- lidity of the certificates of those claiming seats ? To enable it to maintain its independence, and to exclude 68 HAND-BOOK OF CIVIL GOVERNMENT. persons illegally elected, or morally unfitted for membership in Congress. 354. Is there any appeal from the decision of either House of Con- gress concerning the claims of candidates for seats ? 355. Why is it necessary to forbid the transaction of business in either House of Congress unless a certain number of members are present ? To prevent the passage of bad laws and the repeal of good ones by stealth. 356. What is the rule of the House of Representatives in refer- ence to compelling the attendance of absent members ? Fifteen members, including the Speaker, can compel at- tendance. 357. At what period of our history did the first part of this clause become a very important one ? Just after the Civil War (1861-1865) ; although very fre- quently, at other times, persons holding certificates of election have not been deemed entitled to membership. 358. When either House of Congress is discussing and voting upon certificates of membership, is it legislative or judicial in its character ? Clause II. '^Each House may determine the rules of its proceedings, punish its members for disorderly behavior , and, icith the concurrence of two-thirds, expel a member." [18.] 359. Define the words "determine," "rules," "proceedings," "con- currence," and "expel." 360. To what does this clause refer ? To the rules of proceedings in Congress, and the mainten- ance of order. 361. Who determines the rules of proceedings in Congress? 362. What means has each House of Congress for enforcing its rules? 363. What name is applied to the rules of proceedings of legisla- tive bodies ? Parliamentary Law. 364. What is the usual method employed in adopting rules of pro- ceedings in Congress ? The rules of the previous Congress are usually adopted, QUESTIONS ON THE CONSTITUTION. 69 until otherwise ordered, and a committee is appointed to re- port new rules. 365. What is the advantage of established rules of proceedings in Congress ? They make the transaction of business more easy, and secure method and dispatch. 366. Has the power to punish a member ever been exercised by either House of Congress? Yes. William Blount was expelled from the Senate in 1797, and Jesse D. Bright in 1862. 367. Are the misdemeanoi-s for which persons can be expelled from Congress defined ? No; but they may be expelled for any offence which is inconsistent with the trust and duty of a member. 368. Does the Constitution confer any express power to punish contempts on the part of pei-sons not members of either House of Congress ? The Supreme Court has decided that they may. 369. How far may punishment for Congressional contempts extend? Only to imprisonment until the dissolution of the House by which the punishment is inflicted. 370. Can either House of Congress at any time temporarily set aside all its rules of proceedings ? Clause III. " Each House shall keep a journal of its pro- ceedings, and, from time to time, publish the same, excepting such parts as may, in their judgment, require secrecy ; and the yeas and nays of the members of either House, on any question, shall, at the desire of one-fifth of those present, be entered on the journal." [19.] 371. Define the words "journal," "proceedings," "publish," "se- crecy," " desire," and " entered." 372. What record is each House of Congress required to keep ? 373. How much of its journal is each House of Congress required to publish ? 374. When are the yeas and nays of either House required to be entered on the journal ? 70 HAND-BOOK OF CIVIL GOVERNMENT. 375. Are the sessions of Congress public ? Both Houses have open sessions ; but when in executive sessions, acting upon nominations made by the President, or discussing treaties, the Senate sits with closed doors. 376. How long has it been the rule to have public sessions of Con- gress ? Since the second session of the Third Congress. 377. What is the object of requiring Congress to keep a journal? To ensure publicity to all the Acts of Congress. 378. How many methods are there of voting in Congress? Three ; by simply answering Aye or No at the call of names ; by dividing the House into two parts, and counting the members on either side, or by taking the yeas and nays. 379. What is meant by taking the yeas and nays ? Recording on the journal the names of those who vote on each side, and not merely the votes. 380. What is the object of taking the yeas and nays ? To secure a definite and enduring record for information and reference, to show who are absent, and to make individ- uals feel a personal responsibility for their votes on impor- tant measures. 381. How may the power of calling for the yeas and nays on a question be abused ? A minority resort to it to waste time and to compel a ma- jority to adjourn from exhaustion, needlessly postponing, if they cannot thus defeat, legislation. Clause IV. ''Neither House, during the session of Congress, shall, without the consent of the other, adjourn for more than three days, nor to aiiy other place than that in which the two Houses shall be sitting." [20.] 382. To what does this clause refer ? 383. How are the two Houses of Congress restricted as to adjourn- ment? 384. For how long may either House of Congress adjourn without the consent of the other ? QUESTIONS ON THE CONSTITUTION. 71 385. Is it in the power of either House of Congress alone to select the place where its meetings are held ? 386. Distinguish between the " Capital " and the " Capitol " of the United States. 387. Who has the power to change the "Capital" of the United States? 388. Why should not either House of Congress alone have the power to adjourn for more than three days ? Because this would give the power to either House to pre- vent legislation or to bring it to an untimely close. 389. What would be the result of giving to either House of Con- gress alone the power of adjournment to a place of its own selection ? One House might compel the other to follow it from place to place for the purpose of preventing legislation. 390. Upon what does the duration of the sessions of Congress depend ? Upon the Constitutional limit of two years ; on the pleas- ure of the two Houses combined ; and on the pleasure of the President, when the two Houses cannot agree on the time of adjournment. 391. What was the rule respecting adjournment under the Articles of Confederation? Section VI.— Privileges and Prohibitions upon Members. Clause I. " The Senators and Represetitatives 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 priv- ileged from arrest during their attendance at the session of their respective Souses, and in going to, and returning from, the same ; and for any speech or debate in either House they shall not be questioned in any other place.^^ [21.] 392. Define the words "compensation," "services," "ascertained," "treason," "felony," "breach," "privileged," "arrest," "respective," " debate," and " questioned." 393. What provision is made for the compensation of members of Congress ? 72 HAND-BOOK OF CIVIL GOVERNMENT. 394. How is the compensation of members of Congress paid ? 395. How far do members of Congress enjoy the privilege of free- dom from arrest ? 396. What exception is made to the privilege of Congressional free- dom from arrest? 397. What privileges of speech and debate do members of Con- gress enjoy ? 398. How were members of Congress paid under the Articles of Confederation ? Each State paid its own members. 399. What is the advantage of paying members of Congress out of the Treasury of the United States ? It gives stability and independence to the General Govern- ment. ^ 400. Why should members of Congress receive a compensation ? Otherwise the expenses of the office might prevent men of talent and worth from seeking it, and so give an undue ad- vantage to men of wealth. 401. Are members of the English Parliament paid? Members of the English Parliament are not paid for their services. 402. By what law is the compensation of members of Congress ascertained ? Congress itself is authorized by the Constitution to deter- mine the amount and make appropriations for its payment. 403. What is the compensation paid to members of Congress at the present time ? 404. Has it always been the same ? 405. What provision has Congress made for the time of the payment of salaries of its own members ? Each Senator, Representative, and Delegate, after having taken the required oath, is entitled to receive his pay at the end of each month. 406. What compensation is paid to the presiding officers of the two Houses of Congress ? 407. When does the privilege of freedom from arrest of a member of Congress begin ? QUESTIONS ON THE CONSTITUTION. 73 As soon as he is elected, and before he takes his seat or is sworn. 408. What is the object of exempting members of Congress from arrest ? To prevent their constituents from being deprived of their right of Representation. 409. What is the object of giving members of Congress the privi- lege of freedom of Debate ? To secure the greatest freedom in discussing questions of public interest. 410. Would a member of Congress be liable, if he should cause a speech to be published ? 411. What means are there of preventing members of Congress from abusing the privilege of freedom of debate ? They are accountable to the House to which they belong. 412. Can a summons be served on a member of Congress while going to or returning from Washington ? Clause II. " No Senator or Representative shall, during the time for which he was elected, he appointed to any civil office under the authority of the United States, ivhich shall have been crecUed, or the emoluments whereof shall have been increased, during such time ; and no person, holding any office under the United States, shall be a member of either House during his continuance in offiice." [22.] 413. Define the words " civil," " authority," " created," and " emol- uments." 414. To what does this clause relate ? To the disabilities of members of Congress. 415. To what oflSces are members of Congress ineligible during the time for which they were elected? 416. May a member of Congress be appointed to ofl5ces already ex- isting, if the emoluments thereof have not been increased during his term of office ? 417. What is the object of excluding members of Congress fi*om being appointed to newly created offices, and those whose emoluments have been increased ? 7 74 HAND-BOOK OF CIVIL GOVERNMENT. That they may not be induced to assist in the creation of offices, or the increase of their emohiments, in order to be appointed to them. 418. Is this object fully attained ? No ; an office so created or increased in value during the term of a member of Congress may be held by him many years alter his membership in Congress has expired. 419. What must a memberof Congress do before he can accept any office under the United States ? He must first resign his seat in Congress. 420. Wliat must an officer of the United States do before he can become a member of Congress ? He must resign his office. 421. If a person holding an office under the United States be elected to Congress, how long may he hold that office ? Until he is ready to take his seat in Congress, when he must resign it. 422. Can members of the Cabinet holds seats in the English Par- liament ? Yes. 423. Does our Constitution allow members of the President's Cab- inet to be Senators or Representatives? Blackboard Exercise, No, 1 r I. Elections. [15.] II. Meeting. [16.] III. Membership. [17.] IV. Quorum. [17.] V. Rules. [18.] VI. Penalties. [18.] VIL Journal. [19.] VIII. Yeas and Nays. [19.] IX. Adjournment. [20.] X. Compensation. [21.] XI. Privileges. [21.] fl. Senator. [2S.] XII. Disabilities. \ 2. Representative. 3. U. S. Officer, [i qUESTIONS ON THE CONSTITUTION. 75 Section y II.— Revenue Bills : President's Veto. Clause I. " All bills for raising revenue shall originate in the House of Representatives ; hut the Senate may propose or concur with amendments, as on other hills'' [23.] 424. Define the words " bills," "raising," "revenue," "originate," "propose," and "concur." 425. To what does this clause relate ? 426. Where must all bills for raising revenue originate ? 427. Has the Senate any power over revenue bills ? 428. Why is the power of originating bills for raising revenue con- fined to the House of Kepresentatives ? Because they are the more immediate representatives of the people. 429. How was this clause regarded in the Constitutional Conven- tion? With positive disfavor by many. Enough States voted against it to defeat the clause, had the States that were di- vided, and which consequently lost their vote, been added to their number. It was adopted, however, and has worked well so far. 430. Who originates bills in the English Parliament? The House of Commons. 431. Has the United States Senate ever tried to originate a bill for raising revenue ? During the Forty-first Congress, the Senate passed a bill to repeal the law imposing an income tax ; but the House of Kepresentatives, instead of acting upon it in the usual way, simply passed a resolution calling the attention of the Senate to Article I., Section 7, Clause 1, of the Constitu- tion. [23.] 432. Have bills which resulted in the raising of money originated in the Senate and become laws ? The bill to establish the post-ofiice and mint, and bills to regulate the sale of public lands are of this kind. 433. How, then, is raising revenue to be understood ? It is to be understood as being confined to levying taxes. 76 HAND-BOOK OF CIVIL GOVERNMENT. Clause II. *' Efvery hill which shall have passed the House of Representatives and the Senate, slmll, before it become a law, be presented to the President of the United States; if he ap- prove, he shall sign it, but if not, he shall return it, with his objections, to that House in which it shall have originated, who shall enter the objections at large on their journal, and proceed to reconsider it. If, after such ^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 reconsidered, 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, and the names of the persons voting for and against the hill shall he entered on the journal of each House, respectively. If any bill shall not be returned by the President within ten days (Sundays ex- cepted) 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, in which case U shall not be a law." [24.] 434. Define the words "biU," "passed," "law," "presented," "ap- prove," "objections," "originated," "journal," "at large," "recon- sider," " respectively," " refunded," and " adjournment." 435. To what does this clause refer? To the mode of passing laws. 436. After a bill has passed both Houses of Congress, what must be done with it ? . 437. What is done by the President in case he approves of a bill ? 438. What action does the President take if he do not approve of a bill? 439. To which House are bills disapproved by the President re- turned ? 440. What is the President's power of objecting to a bill called ? The veto power. 441. What does the word veto mean? I forbid. The word and the custom were both derived from the Romans, w^here the Tribunes of the people had the power of forbidding the passage of any law. QUESTIONS ON THE CONSTITUTION 77 442. What is done by the House to which the President has re- turned a bill with his objections ? 443. If, on reconsideration, in the House in which it originated, a bill receives a vote of less than two-thirds, what becomes of it ? It is lost. 444. If a bill be repassed by two-thirds of the House in which it originated, what is done with it next? 445. What shall the other House do ? 446. If they fail to pass it by a two-thirds vote, what becomes of it? It is lost. 447. If they, on reconsideration, pass it by a vote of two-thirds, what becomes of it ? 448. How are the votes of the two Houses on a bill which has been vetoed taken ? 449. In what other way may a bill become a law without the signa- ture of the President ? 450. What exception is made to this provision? 451 . According to this clause, how many distinct processes are there of passing laws ? Three : first, by passing both Houses of Congress, and re- ceiving the approval of the President ; second, by a two- thirds vote of both Houses over the veto of the President ; and third, by the neglect of the President to approve or sign, after having passed both Houses of Congress. 452. What is a "bill"? A draft of a proposed law. 453. How may bills be introduced in Congress ? With the leave of the House by any member ; by order of either House ; or by the report of- a Committee. 454. How many readings must a bill receive in Congress before it is finally acted upon ? Three ; and no bill can be read more than once upon the same day, without special permission of the House in which it is to be considered. 455. When may amendments to a bill be proposed in Congress? They may be proposed and passed at any time by either House. 78 HAND-BOOK OF CIVIL GOVERNMENT. 456. When are the arguments for and against a bill in Congress heard ? Before its third reading, or between that and the taking of the vote. 457. How are bills which pass either House of Congress signed ? By the presiding officer. 458. Can the President amend bills ? No ; but he can suggest changes when he returns a bill with his objections. 459. What is the object of vesting the veto power in the hands of the President ? To provide a check upon improper legislation. 460. Why is the President likely to difier with Congress in his views of a bill ? Because of the difference in the nature of his office, the mode of his appointment, and his absence from the halls of legislation. 461. Does any other clause in the Constitution give the President any share in legislation ? 462. Does the word veto occur in the Constitution ? 463. Does the sovereign of Great Britain possess an absolute veto ? Yes ; but it is said not to have been exercised since 1692, in the reign of William III., with, perhaps, a single ex- ception. 464. How was this clause of the Constitution passed ? By the vote of eight States for to two against it ; after- wards unanimously. 465. How many times has the veto power been exercised, and by whom ? 466. How many bills has the present President vetoed? 467. How many has he retained ? 468. Does it require two-thirds of the entire membership of each House to pass a bill over the President's veto ? No ; it was decided by the Senate, July 7, 1856, that two- thirds of a quorum only were requisite. QUESTIONS ON THE CONSTITUTION. 79 Clause III. " Every order, resolution, or vote to which the concurrence of the Senate and House of Representatives may he necessary {except on a question of adjournment), shall he pre- sented to the President of the United States; and hefore the same shall take effect, shall he approved hy him, or, heing dis- approved hy him, shall he repassed hy two-thirds of the Senate and House of Representatives, according to the rides and limi- tations presc7-ihed in the case of a hill." [25.] 469. Define "order," "resolution," "vote," "concurrence," "ad- journment," "effect," "rules," "limitations," and "prescribed." 470. To what does this clause refer ? To the mode of passing orders, resolutions, and votes, to which the concurrence of both Houses of Congress is neces- sary. 471. What formalities are observed in the passage of such orders, resolutions, and votes as are mentioned in the clause ? 472. What is the object of the clause? To extend the President's veto to other matters besides bills. 473. Why is it important to give the President the veto power over orders, resolutions, and votes ? To prevent Congress from passing a law under some other name. 474. What is the mode of proceeding in such cases? The same as in the case of a bill. 475. In what case of joint resolution has the President no veto power ? On a question of adjournment. 476. What kinds of Congressional action do not require the ap- proval of the President ? Whatever relates to the internal government of either House, such as elections, votes of censure or thanks, resolu- tions proposing amendments to the Constitution, etc. 477. What is the effect of a joint resolution approved by the Pres- ident, or duly passed without his approval? It has all the effect of law. 80 HAND-BOOK OF CIVIL GOVERNMENT. Blackboard Exercise, No, VI, I. Eevenue Bills, i ^- ^^^gi^- C^S-] ( 2. Eevision. [23.] II. Modes of Passing Laws. Second. -I III. Orders, Resolutions, AND Votes. r /I. Action in Congress. First. } 2. Delivery to President. ' 3. President's Signature. 1. Action in Congress. 2. Delivery to President. 3. President's Veto. 4. Record of Veto. 5. Reconsideration. 6. Approval by Congress. 7. Method of Voting. 8. Record of Vote. [24.] ' 1. Action in Congress. 2. Delivery to President. Third. \ 3. President's Neglect. 4. Result. 5. Exception. [24.] 11. Action in Congress. 2. Delivery to President. I 3. President's Action. [ 4. Subsequent Action, [26.] Section VIII.— Powers invested in Congress. Clause I. Congress shall have power: " To lay and collect taxes, duties, imposts, and excises, to pay the debts and provide for the common defence and general wel- fare of the United States ; hut all duties, imposts, and excises shall he uniform throughout the United States." 478. Define the words "lay," "coUect," "debts," "defence," "wel- fare," and "uniform." 479. To what does this clause refer? To the power of taxation. 480. What is a tax? Money levied on the property or inhabitants of a country for the support of the government. 481. What are direct taxes? Taxes upon individuals. QUESTIONS ON THE CONSTITUTION. 81 482. What are indirect taxes? Taxes upon the consumption of certain articles. 483. What two kinds of direct taxes are there ? Taxes upon persons, called personal, poll, or capitation taxes ; and taxes upon property. 484. What three kinds of indirect taxes are there ? Taxes on imports, exports, and manufactures. 485. What are imports ? Taxes on goods imported. 486. What are duties and customs ? Taxes on goods either exported or imported. 487. Are duties levied on articles exported from the United States? 488. What are excises ? Taxes on manufactured goods. 489. How are direct taxes apportioned among the several States ? According to their respective numbers. [5.] 490. How are indirect taxes apportioned ? They must be uniform throughout the States. 491. What is the object of making direct taxes uniform throughout the States? To prevent Congress from legislating in behalf of local interests. 492. What doubt exists in reference to the proper meaning of this clause ? Whether Congress has power to collect taxes and also to pay the debts ; or the power to collect taxes for the purpose of paying the debts, etc. 493. What is the common interpretation of the meaning of the clause ? That Congress has the power to collect taxes for the pur- pose of paying the debts, etc. 494. What is our present income from all kinds of taxation ? 495. What is the amount of our annual expenditure ? 496. What is a tariff? A list of goods on which duties must be paid, with the exact rate of each. F 82 HAND-BOOK OF CIVIL GOVERNMENT. 497. Who prescribes these rates ? 498. How are they collected ? 499. What is a Custom-house ? 500. What is the difference between specific and ad valorem duties ? 501. What is the difference between protection and free trade? Clause II. Congress shall have power : " To borrow money on the credit of the United States." [27.] 502. Define the words " borrow," " money," and " credit." 503. To what does this clause relate ? 504. Ought the borrowing of money to be classed among the re- sources of the United States ? 505. What department of our Government has the sole power to borrow money ? 506. Whose credit is pledged for the payment of money borrowed by Congress? 507. Is the power to borrow money necessary to the existence of the National Government ? It is. 508. What would be the result, if no power to borrow money ex- isted ? In times of war, or great public calamities, it would be impossible to provide for the unexpected wants of the na- tion. 509. Would it be good policy to have money in reserve for such exigencies ? 510. Is it considered just to future generations to compel them to share in the payment of debts which they did not help to create? 511. Do all the great powers borrow money ? 512. How much did our nation borrow during the war of 1812? The war with Mexico ? In the civil war ? 513. What mode of borrowing money is usually adopted by the Government ? It issues bonds, which are promises to pay the sums speci- fied, at a given time, with interest at stated rates. 514. What are Treasury Notes? They are notes representing a portion of our national debt, commonly called legal tenders, which are circulated as money, but upon which the Government pays no interest. QUESTIONS ON THE CONSTITUTION. 88 615. Whom does Congress authorize to borrow money? The Secretary of the Treasury. 516. What does Congress specify in borrowing money? The amount to be borrowed, the kind of securities to be given, the rate of interest to be paid, and the time and place of payment of principal and interest. Clause III. Congress shall have power : "To regulate commerce with foreign nations, and among the several States, and with the Indian tribes." [28.] 517. Define the words "regulate," "commerce," "foreign," " seve- ral," and "tribes." 518. To what does this clause relate? 519. Does Congress have entire control of commerce ? 520. How was commerce regulated under the Confederation ? It was left to the management of each particular State. 521. What was the result of allowing the States to regulate com- merce under the Confederation ? Their foreign commerce was almost ruined, and the con- flicting claims of the several States brought them to the brink of a civil war. 522. What is meant by regulating commerce ? Prescribing rules by which commerce is carried on. 523. What two things are included in the general idea of com- merce ? Traffic, or the interchange of commodities ; and commer- cial intercourse, or navigation. 524. What are some of the things to which the commercial power of Congress has been applied ? Congress has legislated in reference to embargoes, non-in- tercourse, non-importation, coasting-trade, fisheries, naviga- tion, seamen, privileges of American and foreign ships, quarantme, pilotage, wrecks, light-houses, buoys, beacons; obstructions in bays, sounds, rivers, and creeks ; inroads of the ocean ; and doubtless has the power to legislate concern- ing salvage, policies of insurance, bills of exchange, mari- 84r HAND-BOOK OF CIVIL GOVERNMENT. time contracts, and the designation of ports of entry and delivery ; and all special commercial privileges and prefer- ences. 525. What is meant by commerce with foreign nations ? Commerce with the people of those nations. 526. What is an " embargo " ? 527. Are the Indian tribes considered " foreign nations " ? No ; they are regarded as a people in a condition of de- pendence or pupilage, sustaining to the United States the relation of a ward to a guardian. 528. Can States or individuals buy lands from the Indians ? No ; Congress has exclusive control of the whole matter. 529. What Indian tribes are meant in this clause ? Tribes living within or without the territorial boundaries of the States, and within or without the limits of the United States. Clause IV. Congress shall have power : " To establish a uniform rule of naturalization, and uniform laws on the subject of bankruptcies, throughout the United States:' [29.] 530. Define the words "establish," "uniform," "rule," "laws," and " subject." 531. What power has Congress over the subject of naturalization? 532. What power has Congress over the subject of bankruptcies ? 533. What is "naturalization"? A legal process by which the rights of citizenship are con- ferred upon aliens or foreigners. 534. "Who are declared to be citizens in the Fourteenth Amend- ment? [99.] 535. What is an" alien "? One born in a foreign country. 536. Are children born in foreign countries, whose parents are citizens of the United States, but temporarily abroad on public busi- ness, to be considered aliens ? No ; such children are to be considered as native-born. QUESTIONS ON THE CONSTITUTION 85 537. Who had control of the subject of naturalization under the Confederation ? The several States. 538. What would be the result of giving the power of naturaliza- tion to the States ? A citizen of one State being entitled to all the rights of citizenship in every other State, each State might, by its naturalization laws, invade the rights and privileges of all the other States. 539. How has naturalization been regulated by Congress in regard to residence ? In 1790, an act was passed requiring two years' residence before an alien could become a citizen ; in 1795 it was ex- tended to five years ; in 1798 to fourteen years ; and in 1802 it was reduced to the present term of five years. 540. What exception is made to the rules of naturalization in favor of soldiers ? Soldiers having served one year in the army of the Uni- ted States, and being honorably discharged, may become citizens on making oath to these facts and taking the oath of allegiance. 541. What does the prescribed mode of naturalization require ? That the foreigner, after becoming a resident, shall make, before a court of competent jurisdiction, his declaration of intention on oath to become a citizen of the United States ; that five years after having become a resident, and two years after declaring his intention, citizens having testified to his five years' residence and good character, he shall take an oath renouncing his previous allegiance, and promising to support the Constitution of the United States. 542. What provision is made for the children of persons duly naturalized who were under twenty-one years of age at the time of such naturalization ? They are considered citizens, if residing in the United States. 543. What provision is made for the naturalization of ahens coming 86 HAND-BOOK OF CIVIL GOVERNMENT. to this country when minors, but who have resided in the country three years before coming of age ? They can be admitted to citizenship two years after at- taining their majority, without the declaration of intention. 544. How may female aliens become citizens ? A woman who might lawfully be naturalized under the existing laws, having been married to a citizen, shall also be deemed a citizen. 545. If an alien who has made declaration of his intention to become a citizen die before he be naturalized, what provision is made for the citizenship of his widow and children ? They shall be considered as citizens upon taking the oath prescribed by law. 546. When was the privilege of naturalization extended to aliens of African nativity ? 547. When Texas was admitted into the Union, did its inhabitants have to be naturalized in order to become citizens ? 548. When is a man insolvent ? When he is not able to pay his debts. 549. What is a bankrupt? One who at his own request, or the request of his creditors, is declared by a Register in Bankruptcy to owe more than he can pay. 550. What should bankrupt laws secure to creditors ? The full surrender and equal distribution of the insolvent, debtor's possessions. 551. What should bankrupt laws secure to the debtor? A legal discharge from his creditors, after having surren- dered all his possessions. 552. What is the dijSerence between an insolvent law and a bank- rupt law ? Under an insolvent law the future property of the debtor may be seized for his debts ; after a discharge under a bankrupt law, the creditors have no further claims. 553. Can States pass insolvent laws ? The Supreme Court has decided that they can. QUESTIONS ON THE CONSTITUTION. 87 554. Why cannot the States pass bankrupt laws ? Because such laws impair the obligation of contracts, and are unconstitutional. 555. When was the present bankrupt law passed ? March 2, 1867. 556. Is the present bankrupt law satisfactory ? No ; effbrts are being made to secure the enactment of a new law. Clause V. Congress shall have power : " To coin money, regulate the value thereof, and of foreign coin, and fix the standard of lueights and measures." [30.] 557. Define the words "coin," "regulate," "fix," "standards," " weights," and " measures." 558. What is money ? A medium of exchange and a measure of value. 559. Who has the power to coin money ? 560. How is the value of money regulated ? 561. What is meant by foreign coin ? 562. Why is it important that the value of foreign coin should be regulated by Congress ? 563. Why should not the States be allowed to coin money and reg- ulate its value? Because there would be no uniformity in the standard of value. 564. What advantages are secured by placing the coinage and regulation of the value of money exclusively in the hands of Con- gress? The facilitation of exchanges, benefit of commerce, pre- vention of undue and forced scarcity of money, and uniform- ity of value. 565. What is a mint ? 566. Where is the United States Mint located ? 567. Where have branch mints been established? 568. Name the coins of the United States. 569. What is seignorage ? A charge for coining gold. 88 HAND-BOOK OF CIVIL GOVERNMENT. 570. Why is silver coined only for the Government ? Because silver coin is over-valued. 571. Does this clause give Congress full control of the whole sub- ject of money ? Yes ; not only gold and silver coin, but all substitutes for them, such as treasury and bank-notes. 572. Has Congress always exercised control over bank notes ? 573. Has Congress ever fixed the standard of weights and measures? A uniform standard has been frequently urged, but has never been adopted. 574. What is the metric system ? 575. Has Congress made the use of the metric system legal ? 576. Until Congress shall fix a standard of weights and measures, who exercises the right to do so ? The States have the power to fix their own. Clause VI. Congress shall have power i " To provide for the punishment of counterfeiting the secu- rities and current coin of the United States" [31.] 577. Define the words "provide," "punishment," "counterfeiting," "current," and "coin." 578. Who provides for the punishment of counterfeiting ? 579. What is the object of the provision for the punishment of counterfeiting? To render more efiicient the powers of coinage and bor- rowing money ? 580. What are meant by securities ? All certificates of indebtedness, such as bonds, coupons, treasury notes, etc. 581. What besides securities and current coin does Congress in- clude in its laws for the punishment of counterfeiting ? National currency, United States notes, fractional notes, checks for money of authorized oflicers of the United Statei^, certificates of deposit, letters-patent, revenue and postage stamps, stamped envelopes, custom-house certificates, and all other representations of value which have been or may be issued under any act of Congress. QUESTIONS ON THE CONSTITUTION. 89 582. Can States punish the passing of counterfeits of United States coins and securities ?* Clause VII. Congress shall have power : " To establish post-offices and post-roads." [32.] 583. To what does this clause refer ? 584. When was our Post-office Department established ? Before the Declaration of Independence. 585. Who was placed at the head of it ? Benjamin Franklin. 586. Under whose charge is the Post-office Department at the pres- ent time ? * Congress has passed laws punishing the making, forging, or counter- feiting, and the passing, uttering, or publishing, of the coin of the coun- try, the notes of the United States bank, the Treasury notes, the frac- tional currency, the notes of the National banks, the excise stamps used for internal revenue, letters-patent, postage stamps, stamped envelopes, and custom-house certificates. The law now in force relating to counterfeiting the coin of the United States was passed in February, 1873. It provides that if any person, ex- cept as now authorized by law, shall make, or cause to be made, or shall utter or pass, or attempt to utter or pass, any coins of gold or silver, whether in the semblance of the coins of the United States or of foreign countries, every person so offending shall be punished by fine not exceed- ing five thousand dollars, and by imprisonment for a term not exceeding ten years. The penalty for counterfeiting the " minor coins" is a fine not exceeding one thousand dollars, and imprisonment not exceeding three years. The law of June 30, 1864, provides that if any person shall falsely make, counterfeit, or alter, or shall pass, utter, or publish any obligation or security of the United States, etc., he shall, on conviction, be pun- ished by fine not exceeding five thousand dollars, and by imprisonment and confinement at hard labor not exceeding fifteen years. The act also provides that the words " obligation or other security of the United States" shall be held to include " all bonds, coupons, national currency. United States notes, Treasury notes, fractional notes, checks for money of authorized officers of the United States, certificates of indebtedness, certificates of deposit, stamps, and other representatives of value, of whatever denomination, which have been or may be issued under any act of Congress." 8* 90 HAND-BOOK OF CIVIL GOVERNMENT, Under a Postmaster-General and three Assistant Post- masters-General. 587. How are Postmasters appointed ? Those whose salaries are less than one thousand dollars are appointed by the Postmaster-General ; others are nomi- nated by the President and confirmed by the Senate. 588. Does the Post-office Department of the United States pay ex- penses? 589. Into wliat three classes is mailable matter divided? Letters, printed matter, and miscellaneous articles. 590. What are the present rates of postage in the United States? 591. When were postage stamps introduced ? 592. When were stamped envelopes first furnished? 593. When was the system of registering letters established? 594. When was the postal money-order system introduced? 595. Explain the postal money-order system. 596. When was free delivery of letters by carriers first provided for? 597. What is the Dead-letter Office? An office in Washington to which unclaimed letters, after being advertised, are sent. Here they are opened, and if possible returned to the writers. 598. What is meant by the franking privilege ? The privilege of sending and receiving mail matter free. 599. By whom was it formerly enjoyed ? By the President, Vice-President, Cabinet Officers, Mem- bers of Congress, Delegates from the Territories, and some others. 600. What are post-roads? Roads or routes over which the mail is carried. 601. How has the power to establish post-roads been interpreted? To include the power of making internal improvements. 602. Has Congress found it necessary to exercise its power to establish post-roads ? Only in a few cases. Roads already opened have gen- erally been selected. 603. What are some of the advantages which result from the exer- cise of postal powers ? QUESTIONS ON THE CONSTITUTION. 91 Individuals and the Government are enabled to transmit intelligence, to make remittances of money, and to transact various branches of business with a degree of promptitude, regularity, and economy that could not be secured in any other way. 604. What are postal powers of Congress supposed to include ? All other powers necessary to render them effective. 605. Why is the power to establish post-offices and post-roads one of the most important of all the powers granted to Congress ? Because by it there has been instituted an establishment employing more men, controlling more patronage, and col- lecting and disbursing more money than sufficed, within a few years past, for the administration of the entire Govern- ment. 606. Why do we affix stamps to our letters ? 607. Are postage stamps certificates of deposit ? Clause VIII. Congress shall have power: " To promote the progress of science and useful arts, by se- curing , for limited times, to authors and inventors, the exclusive right to their respective writings and discoveries^ [33.] 608. Define the words " promote, " " progress," " science," " arts," "securing," "limited," "authors," "inventors," "exclusive," "right," "respective," "writings," and "discoveries." 609. To what does this clause refer? The power of Congress over copyrights and patent-rights. 610. What is the object of the clause? To secure the rights of authors and inventors. 611. What is a copyright? The exclusive right to publish a book, map, chart, musical composition, engraving, photograph (or negative), painting, drawing, model, chromo, or statue for a fixed period of time. 612. How long does a copyright extend? 613. May a copyright be renewed ? The author may, if living, obtain an extension for four- teen years ; or, if dead, his heirs may do the same. 92 HAND-BOOK OF CIVIL GOVERNMENT. 614. How is a copyright secured? 615. What notice must the owner of a copyright give ? 616. What is the expense of securing a copyright? 617. Must different or new editions of a book be separately copy- righted? Yes; and a copy of each subsequent edition in which there are any material changes, must be sent to the Libra- rian of Congress. 618. What is a patent-right ? The sole right to make, use, or sell a new invention. 619. How long do patent-rights extend? 620. How are letters-patent secured ? The applicant must give a complete description of his in- vention, and, in cases admitting of drawings and models, these must be sent to the Commissioner of Patents. 621. How soon must the application for letters-patent be made? Not later than two years after the use or sale of the in- vention or discovery. 622. What must the applicant for letters-patent swear? That he believes himself to be the inventor of what he seeks to have patented. 623. What do letters-patent cost ? 624. For how long are patents granted for designs f For three years and a half, for seven years, or for fourteen years. 625. What are the fees for designs ? 626. For how long may trade-marks be patented ? For thirty years. 627. What is the fee for a trade-mark ? Twenty-five dollars. 628. How may an inventor secure time to mature his discovery or invention? He may file a caveat (caution), setting forth its character, and praying for protection of his right until he can mature his invention. 629. Are copyrights and patent-rights assignable in law ? Yes ; but a record of the assignment must be made in the QUESTIONS ON THE CONSTITUTION. 93 one case in the office of the Librarian of Congress, and in the other in the Patent-Office. 630. How are patented articles required to be marked ? With the word " patented," together with the date. 631. Mention five of the most valuable patented inventions. 632. What efiect does the expiration of a patent have upon the price of an invention ? 633. Must books be copyrighted ? 634. Mention a book not copyrighted. Clause IX. Congress shall have power : "To constitute tribunals inferior to the Supreme CourtJ^ [34.] 635. Define the words "constitute," "tribunals," "inferior," "Su- preme," and " Court." 636. Who establishes tribunals inferior to the Supreme Court? 637. How is the Supreme Court established? By the Constitution itself 638. What are the inferior Courts established by Congress called ? District Courts and Circuit Courts. 639. How many of these Courts have been established by Congress? Fifty-eight District Courts and nine Circuit Courts. 640. When was the Court of Claims established ? 641. Why was the Court of Claims established? To exercise jurisdiction over claims against the Govern- ment, founded upon a law of Congress, any regulation of the executive department, or any contract, express or implied, with the Government of the United States. 642. How were claims against the United States formerly exam- ined? By Congress, thus devolving a great deal of labor upon that body. 643. Of what does the Court of Claims consist ? Of five judges, one of whom is Chief Justice, holding their office during good behavior. 644. W^hat provision does Congress make for Courts in the Terri- tories ? Supreme and District Courts are established by Congress 94 HAND-BOOK OF CIVIL GOVERNMENT in the Territories ; but they are not considered as an inte- gral part of the Judiciary of the United States. 645. By what authority does Congress organize Courts in the Ter- ritories ? By virtue of the general sovereignty which exists in the General Government over the territories. 646. For how long are the Judges appointed in the Territorial Courts ? For four years, unless sooner removed. 647. Of what does the Supreme Court in the District of Columbia consist ? Clause X. Congress shall have power : " To define and punish piracies and felonies committed on the high seas, and offences against the law of nations.^' [35.] 648. What is the meaning of the words " define," " pnnisli," " com- mitted," and "offences" ? 649. What is piracy ? A forcible robbery or depredation upon the high seas. 650. Can piracy be committed on an island of the sea 651. What is felony ? Every species of crime which occasions the forfeiture of lands and goods, and for which the punishment of death may be mflicted. 652. What crimes may felony include ? Murder, larceny, arson, burglary, etc. 653. What is meant by the '* high seas " ? The ocean, including the waters along the coast beyond low-water mark, whether within the territorial boundaries of a nation or of a domestic State. 654. What is meant by " the law of nations " ? Any law which regulates the intercourse of nations with each other. 655. What is the punishment for piracy or felony ? Death. QUESTIONS ON THE CONSTITUTION. 95 656. Why is Congress charged with the punishment of offences against the law of nations ? Because the United States are responsible to foreign na- tions for the conduct of American citizens at sea. 657. When was the foreign slave-trade made piracy, and punish- able by death ? 658. Can Congress enlarge or contract the definition of piracy ? 659. Is their definition restricted to American citizens ? Yes. Clause XI. Congress shall have power : '* To declare war, grant letters of marque and reprisal ^ and make rules concerning captures on land and water" [36.] 660. Define the words " declare," " war," " rules," and " captures." 661. What is a declaration of war? A formal notice to the citizens of the nations involved that hostilities actually exist, or are about to begin. 662. To whom does the power to declare war belong in monarchical governments ? To the Sovereign. 663. Where is the sovereign power lodged in the United States ? In the will of the people. 664. Do the people of the United States declare war ? Not directly; but through their representatives in Con- 665. Why should the power to declare war be given to Congress? Because the people, whom they represent, ought to have a:s direct a voice as possible in deciding whether or not to declare war. 666. Have the United States ever formally declared war ? They have only recognized hostilities as actually existing and legislated accordingly. 667. How is peace made between nations which have formally de- clared war? Only through the negotiations of ambassadors or ministers representing the contending powers. 96 BAND-noOR OF CIVTL GOVERKMEKT. 668. Ought the States to be allowed to declare war? 669. What is the meaning of the word " marque " ? A landmark or boundary. 670. What does the word " reprisal " mean ? It means a taking in return. 671. What are "Letters of Marque and Eeprisal"? Commissions from the Government authorizing the bearer to pass the boundaries of his OAvn country for the purpose of capturing the persons or property of another nation from which injury has been received. 672. What is a privateer ? A vessel bearing Letters of Marque and Reprisal. 673. When are Letters of Marque and Eeprisal granted ? Usually in time of war. 674. Why are Letters of Marque and Reprisal sometimes granted in time of peace? Sometimes an individual, for whom no satisfaction can be obtained from a foreign nation, is allowed by his own Gov- ernment to capture the j)roperty of subjects of other nations to the extent of his injury. 675. Do Letters of Marque and Reprisal prevent or occasion war? 676. What is the property captured by a privateer called ? A prize. 677. What is usually done with prizes captured by privateers ? The general practice is to distribute the proceeds of the property among the captors as a reward of bravery, and u stimulus to exertion. 678. What formality is necessary before a prize captured by a pri- vateer is sold ? Proof must be made in a court of the United States that the property was taken from an enemy. 679. What protection is afforded to bearers of Letters of Marque and Reprisal ? The commission saves the bearer and his crew from the liability, if captured, of being tried, convicted, and punished as pirates. QUESTIONS ON THE CONSTITUTION. 97 680. How are the crews of authorized privateers treated ? As prisoners of war. 681. To whom is the power to make rules concerning captures on land and water granted ? 682. Give instances of prizes captured by privateers. 683. What do you know about the " Alabama Case" and the " Gen- eva Award " ? Clause XII. Congress shall have power : " To raise and support armies ; hut no appropriation of money to that use shall be for a longer term than two years" [37.] 684. Define the words "raise," "support," "appropriation," "money," and "term." 685. Who has the power to raise and support armies ? 686. How is Congress limited in its appropriations of money for raising and supporting armies ? 687. With what other power should the power to raise and support armies always be connected ? The power to declare war. 688. Who declared war and who raised and supported armies un- der the Articles of Confederation ? Congress declared war ; but only the States could raise troops. 689. Why is Congress not allowed to make army appropriations for more than two years ? To prevent the maintenance of a standing army in time of peace, without the consent of the people. 690. How often are appropriations for the army actually made ? Every year. 691. What is all the legislation necessary at any time to disband the army of the United States ? Simply for Representatives of the people in Congress to omit to provide for its support in the annual appropriation bills. 692. How is the regular army of the United States created ? By enlistments for five years under the acts of Congress. 693. How large is the army of the United States at the present time ? 9 Q — 98 HAND-BOOK OF CIVIL GOVERNMENT. 694. What is a "conscription" or "draft" ? Choosing by lot from among the citizens men who are compelled to serve in the army, or to furnish substitutes. 695. Give the titles of our Army Officers in tlie order of their rank. General, Lieutenant-General, Major-General, Brigadier- General, Colonel, Lieutenant-Colonel, Major, Captain, First Lieutenant, and Second Lieutenant. 696. How does our standing army compare with those of the Great Powers of Europe ? 697. What other powers are implied in the power to declare war and raise and support armies ? The establishment of armories and arsenals for making and storing arms ; the designation of depots for distributing supplies ; means of transportation ; surveys of territory for the construction of army maps ; the maintenance of a mili- tary academy for the education of army officers ; and the care of the national cemeteries. Clause XIII. Congress shall have power : " To provide and maintain a navy.''^ [38.] 698. Define the words " provide" and " maintain." 699. Of what does a navy consist ? A navy consists of the entire number of ships of war be- longing to a nation or people considered collectively. 700. Why is a navy necessary ? For the protection of fisheries, commerce, and navigation. 701. Under whose charge is the navy of the United States ? Under the charge of the Secretary of the Navy. 702. Who is the present Secretary of the Navy? 703. What is the present condition of the United States Navy ? 704. How many persons are authorized to be enlisted in the navy of the United States ? 705. Of what does the Marine Corps of the United States consist ? Those who are trained to serve on land as well as on vessels of war. 706. Name the titles of the officers of the navy in the order of their rank. QUESTIONS ON THE CONSTITUTION. - 99 707. How does our navy compare with those of the Great Powers of Europe? 708. What other powers are implied in the power to provide and maintain a navy ? The maintenance of navy-yards for the construction and repair of vessels ; ocean surveys for the construction of naval charts ; and the support of an Academy for the education of naval officers. Clause XIV. Congress shall have power : "To make rules for the government and regulation of the land and naval forces. '^ [39.] 709. Define the words "rule," "government," "regulation," and "forces." « 710. With what other powers is the power to make rules for the government and regulation of the land and naval forces connected ? With the power to declare war and to raise and support armies. 711. How are the rules for the government of the land and naval forces published ? Each officer must subscribe to them ; they are read to every recruit at the time of his enlistment ; and they are published every six months to every garrison, regiment, troop, and company. 712. When was flogging abolished in the navy ? 713. When was flogging abolished in the army? 714. By whom are Military Courts established ? By Congress. 715. What is a Military Court called ? A Court-Martial. 716. Do civil and military courts get their authority from the same source ? 717. Is there any liability to conflict of jurisdiction between civil and military courts ? [69.] 718. What does the making of rules for the government and reg- ulation of the land and naval forces include ? The manner of organizing and disciplining them ; the number, rank, and pay of the officers; and whatever is 100 HAND-BOOK OF CIVIL GOVERNMENT. necessary for controlling them while in the service of the country. Clause XV. Congress shall power : *'To provide for calling forth the militia to execute the laws of the Union, suppress insurrections, and repel invasions.^' [40.] 719. Define the words "provide," "calling," "execute," "laws," "Union," "suppress," "insurrections," "repel," and "invasions." 720. How are the militia distinguished from the regular army of the United States ? The militia are the citizen soldiers of the country, liable to be called out only in cases of emergency. 721. How has Congress by an enactment described the militia? In 1863, Congress declared that all citizens, and those who have declared their intention to become such, between the ages of twenty and forty-five, shall constitute the na- tional forces, and shall be liable to perform military duty when called out by the President for that purpose. 722. Who provides for calUng forth the militia of the United States ? 723. What is inferred from the use of the word " provide " ? That Congress may instruct the President to judge of the necessity for calling out the militia during the recess of Congress. 724. Has any law been passed by Congress authorizing the Presi- dent to call forth the militia ? Such a law was passed in 1792, and as amended in 1795 is still in force. 725. Why is Congress entrusted with the power to call forth the militia ? To enable them to discharge the duty of maintaining the public peace, and to assist the President in the proper exe- cution of the laws. 726. What would be the alternative, if Congress did not possess the power to call forth the militia? It would be necessary to maintain a large standing army. 727. Is Congress limited in the exercise of its power to call forth the militia? QUESTIONS ON THE CONSTITUTION. 101 No restriction is put upon its action, either in regard to the time of service or the place of operation ; but the pur- poses for which the militia may be called forth are named in the Constitution. 728. For what three purposes may Congress provide for calling forth the militia ? 729. How many times in the history of our country have the mili- tia been called out by the General Government? 730. For what purposes have the militia been called out ? 731. How many calls for militia were made during the civil war? 732. Were the militia called out in the war with Mexico ? 733. Distinguish between " militia " and *' volunteers." 734. What was the whole number of men mustered into the ser- vice of the United States during the Revolution ? 735. How many men were called into service in the war of 1812 ? 736. In the war with Mexico ? 737. In the civil war ? Clause XVI. Congress shall have power : " To provide for organizing, arming, and disciplining the militia, and for governing such part of them as may be em- ployed in the service of the United States; reserving to the States respectively the appointment of the officers, and the au- thority of training the militia according to the discipline pre- scribed by Congress.'' [41.] 738. Define the words " disciplining," "militia," "governing," "em- ployed," "service," "reserving," "respectively," "appointment," "au- thority," "training," and "prescribed." 739. What is meant by organizing the militia ? Determining what number of troops shall be maintained in each branch of military service ; prescribing how the troops shall be divided and subdivided ; and fixing the number and rank of the officers who are to be placed in charge. 740. What is meant by arming the militia ? Assuming control of the adoption and use of all arms, implements, and equipments that are necessary for effective service in the camp and field and on the march. 741. What is understood by disciplining the militia? 9* 102 ^ HAND-BOOK OF CIVIL GOVERNMENT. Prescribing the tactics by which they shall be trained in orderly service and obedience, and adopting all the means necessary for their eiFective application. 742. What is meant by governing the militia? Providing for the proper execution of all orders, ema- nating from official sources, which are necessary for the maintenance of order in the army, the movements of troops, and engagement in action. 743. What fraction of the militia is governed by Congress? 744. How are the militia not in the service of the United States governed ? They are under the control of the State governments. 745. What militia powers are reserved to the States respectively ? 746. How are the militia trained ? 747. By whom are the mihtia trained ? 748. Why is it left to the State governments to train the militia and appoint officers ? Because the militia are intended mainly for the mainte- nance of the State governments, to be called out by the General Government only in special emergencies. 749. Why should the mode of organizing, arming, and disciplining all the militia be prescribed by Congress ? To secure uniformity in these respects as well as efficiency in case of actual service. 750. What would be the result of the adoption of different mili- tary tactics in the various States ? Clause XVII. Congress shall have power : '' 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 Government of the United States, and to exercise like authority over all places, purchased by the consent of the Legislature of the State in which the same shall be, for the erection of forts, magazines, arsenals, dockyards, and other needful buildings" [42.] 751. Define the words "exercise," "exclusive," "legislation," "di*- QUESTIONS ON THE CONSTITUTION 103 trict," "cession," "States," "acceptance," "seat," "authority," "pur- chased," "consent," "erection," "magazines," "arsenals," and "dock- yards." 752. To what does this clause principally relate? To the seat of the National Government. 753. What limit is prescribed by the Constitution as to the extent of country to be occupied as the Seat of Government ? 754. What limitation is fixed by the Constitution in regard to the location of the Seat of Government ? 755. What is the difierence between " ten miles square " and " ten square miles " ? 756. What authority has Congress over places occupied by forts, magazines, arsenals, etc. ? 757. How are sites for public works purchased ? 758. When was the District of Columbia accepted by Congress ? 759. By which States was the District of Columbia ceded to the United States ? 760. When was the Virginia portion of the District of Columbia retroceded to that State? 761. Why should Congress exercise exclusive legislation over the Seat of Government? W^ithout it the officers of Government might be inter- rupted in their duties, the public archives and other prop- erty be injured, and Congress itself be insulted. 762. When was a Territorial Government established for the Dis- trict of Columbia ? 763. How is the District of Columbia now governed ? By three Commissioners appointed by the President. 764. Name the different places which were the Seat of Govern- ment of the United States prior to the year 1800. Philadelphia, Sept. 5, 1774 ; Philadelphia, May 10, 1775 Baltimore, Dec. 20, 1776; Philadelphia, March 4, 1777 Lancaster, Penn., Sept, 27, 1777 ; York, Penn., Sept. 30 1777; Philadelphia, July 2, 1778; Princeton, June 30, 1783 Annapolis, Md., Nov. 26, 1783 ; Trenton, N. J., Nov. 1, 1784 New York, Jan. 11, 1785 ; Philadelphia, Dec, 1790. 765. What two steps are necessary to procure sites for public works? The consent of Congress, and the consent of the Legis- lature of the State in which the proposed site is located. 104 HAND-BOOK OF CIVIL GOVERNMENT, 766. Can State authority be exercised for the purpose of serving civil or criminal writs in places owned by the United States Govern- ment? Not unless the State from which such places were pur- chased, reserved the right when the purchase was made. 767. By whom are crimes committed in places owned by the Na- tional Government tried ? By the United States Courts. 768. Why do the States usually reserve the right to serve all State processes in places which have been sold to the General Government ? To prevent these places from becoming retreats and asylums of fugitives from justice. 769. Has the Seat of Government ever been in your State ? 770. Name any public works in your State. 771. Is the District of Columbia the most convenient place for the Seat of Government ? Clause XVIII. Congress shall have power : " 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 department or officer thereof" [43.] 772. Define the words " laws," " execution," " foregoing," " powers," " vested," " Constitution," " department," and " officer." 773. To what does this clause relate? To the general law-making power of Congress. 774. How is this clause to be considered ? Merely as stating in words what is actually taken for granted in the other provisions of the Constitution. 775. Why was it thought necessary to insert a clause in the Consti- tution giving to Congress a general law-making power ? To prevent the repetition of a failure in the exercise of National powers such as occurred under the Confederation, which contained a clause to the contrary effect. 776. Would Congress have had the power to make general laws, if there had been no clause to that effect in the Constitution ? 777. Give examples of the exercise of the general law-making power by Congress. QUESTIONS ON THE CONSTITUTION 105 I. Financial,. II. Commercial. 1^ (3. III. IV. V. yi. VII. VIII. IX. X. Blackboard Exercise, No, VII, ( 1. Tax. [26.] 2. Paying Debts. [26.] 3. Borrowing. [27.] 1. Foreign. Inter-State. 3. Indian Tribes. [28.] Naturalization. [29.] Bankruptcy. [29.] 1. Value. [30.] 2. Counterfeiting. [31.] Weights and Measures. 1. Post-Offices. 2. Post-Roads. [32.] Monopolies. \ ^- Copyrights. ( 2. Patent-rights. [33.] Judicial. [34.] Defining AND (1-Pi^^^^^^- Punishing. ) 2- Felonies. ' 3. International Offences. [35.] 1. Declaration. [36.] 2. Marque and Reprised. [36.] Coinage. Postal. XL War. 5. Navy.^ 3. Captures. \ " Land. h. Water. XII. XIII. Executive. [43.] [36.] r a. Raising. 4. Armies. < h. Supporting. ' c. Appropriations. [37.] a. Providing. 6. Maintaining. [38.] a. Military. 6. Naval. [39.] Calling forth. [40.] Organizing. Arming. Disciplining. Governing. [41.] ' 1. Seat of Government. ^ a. Forts. h. Magazines. c. Arsenals. d. Dockyards, &c.[42.] 6. Rules. 7. Militia. - Territorial Legislation. 2. Public Works. 106 HAND-BOOK OF CIVIL GOVERNMENT. Section IX.— Prohibitions upon the United States. Clause I. "TAe migration or importation of such persons, as any of the States, now existing, shall think proper to admit, shall not he 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.'' [44.] 778. Define the words "migration," "importation," "prohibited," " tax," " duty," " imposed," and " exceeding." 779. To what does this clause relate ? To the abolition of the foreign Slave-Trade. 780. Who are meant by the " persons" mentioned in this clause? 781. Were any attempts made before the Ke volution to prevent the importation of slaves into this country ? Several of the Colonies passed such laws, but they were negatived by the British Government. 782. What was the earliest period fixed in the Constitution for putting an end to the importation of slaves? 783. When was the importation of slaves actually prohibited ? January 1, 1808, by a law passed March 2, 1807. 784. What tax did Congress impose upon the importation of slaves before the Slave-Trade was prohibited ? 785. Was a tax actually imposed by Congress upon imported slaves ? No tax was ever imposed by Congress upon imported slaves. 786. What nation was the first to abolish the Slave-Trade? The United States. 787. When did Great Britain abolish the Slave-Trade ? March 25, 1807. 788. When was the Slave-Trade to foreign countries prohibited by the United States? 789. When was the Slave-Trade declared to be piracy ? 790. Has this clause anything to do with the Slave-Trade between the several States ? No ; these matters were regulated by the States themselves until the final abolition of slavery. QUESTIONS ON THE CONSTITUTION 107 Clause II. " The privilege of the writ of habeas corpus shall not he suspended unless when, in cases of rebellion or invasion, the public safety may require it." [45.] 791. Define the words "privilege," "suspended," "rebellion," and " invasion." 792. Whatisa Avrit? A legal instrument or writing, issued by a competent au- thority, commanding the person, to whom it is directed, to do or not to do certain specified things. 793. What is the meaning of the words habeas corpus ? " You may have the body." 794. What is the effect of a writ of habeas corpus? It prevents illegal imprisonment by commanding the per- son who holds another under confinement to produce the person in open court, in order that the judge may inquire into the cause of his imprisonment. 795. Upon whose application is a writ of habeas corpus granted? Upon the application of the person who is restrained of his liberty, or on the application of another person in his behalf. 796. How can parents get control of their children when held in the custody of others ? 797. How can sane persons, confined under the pretence of insanity, be liberated ? 798. How must an application for a writ of habeas corpus be accom- panied ? With an aflfidavit that the confinement is contrary to law, and setting forth the facts in the case. 799. When may Congress suspend the privilege of writ of habeas corpus ? 800. Can the President suspend the privilege of writ of habeaa corpus f By act of Congress passed in 1863, the President was au- thorized to suspend the privilege whenever in his judgment the public safety should require it. 801. When was the writ of habeas corpus first suspended by Con- gress and the President? During the Rebellion. 108 HAND-BOOK OF CIVIL GOVERNMENT, 802. Why is it necessary to suspend the privilege of writ of habeas corpV;S in cases of rebellion or invasion ? Clause III. "No bill of attainder, or ex post facto law, shall be passed." [46.] 803. What is a Bill of Attainder? A Bill passed by the Legislature, convicting a person of crimes, and punishing him therefor, without a regular trial. 804. What is the objection to a Bill of Attainder ? It deprives the citizen of his inalienable right of trial by jury. 805. Is Congress allowed to pass a Bill of Attainder ? 806. What are ex post facto laws? Laws which make acts criminal which were not criminal when committed. 807. What is the operation of an ex post facto law? When an act has been done against which there was no law, a law may be afterwards passed, declaring the act to have been a crime, and punishing it accordingly. 808. Is Congress allowed to pass an ex post facto law ? 809. Give an example of an ex post facto law. 810. Would a law aboHshing imprisonment for death be an ex post facto law ? 811. Would a law rectifying an error be an ex post facto law ? Clause IV. "iVb capitation or other direct tax shall be laid, unless in proportion to the census or enumeration, herein before directed to be taken."- [47.] 812. Define the words "laid," "proportion," "census," and "enu- meration." 813. What is a capitation tax ? A tax levied not according to property, but by the head. 814. How only can Congress levy a capitation or other direct tax ? 815. What is the object of this clause? To prevent Congress from laying the burdens of govern- ment unequally upon different portions of the nation. 816. Has any capitation tax ever been levied by the United States? QUESTIONS ON THE CONSTITUTION 109 No ; and in some of the States it is forbidden by their Constitutions. 817. How was the direct tax of 1798 assessed? Upon dwelling-houses, lands, and slaves — upon each slave fifty cents. 818. Was this tax upon slaves a capitation tax ? Clause V. ''No tax or duty shall he laid on articles exported from any State. No preference shall be given, by any regula- tion 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." [48.] 819. Define the words " tax," " duty," " laid," " articles," " export- ed," "State," "preference," "regulation," "commerce," "revenue," " ports," " vessels," " bound," and " obliged." 820. Why is Congress prohibited from levying export duties ? To prevent taxing the interests of any State to its detri- ment, and giving undue advantages to others. 821. How might Congress damage the interests of particular States by levying export duties ? By levying a tax upon the export of its staple productions. 822. Does the prohibition upon export duties include all articles ? 823. Can Congress grant any preference to the ports of one State over those of another ? 824. What is meant by the words " to enter " a port ? To report the ship with the cargo to the proper officer, and obtain permission to land the cargo. 825. What is meant by the words "to clear a port" ? To obtain from the proper authorities the necessary papers for sailing from the port. 826. How were American ships compelled to trade with the European nations before the Kevolution ? All vessels belonging to the Colonies of Great Britain were required to enter and clear from a British port, in order to throw all the commerce of the Colonies into the hands of the British. 827. What is the object of prohibiting Congress from requiring 10- 110 HAND-BOOK OF CIVIL GOVERNMENT. vessels bound to or from one State to enter, clear, or pay duties in another ? To prevent Congress from putting the commerce of the country under the control of any particular section. 828. What is the difference between coasting trade and foreign trade? Clause VI. "iVb money shall he drawn from the treasury hut ill consequence of appropriations made hy law ; and a regular statement and account of the receipts and expenditures of all puhlic moneys shall he puhlished from time to time.'' [49.] 829. Define the words " money," " drawn," " treasury," " conse- quence," " appropriations," " law," " statement," " account," " receipts," " expenditures," " public," and " published." 830. In what way, only, can money be drawn from the treasury of the United States ? 831. To whom does the Constitution give the power of appropri- ating money ? 832. What is the object of making Congress the guardian of the treasury of the United States ? To secure an honest expenditure of the public funds. 833. What is necessary before any Government official can draw money from the United States Treasury ? 834. Can members of Congress draw their salaries without making appropriations ? 835. How often are appropriations voted by Congress? Annually. 836. When does the fiscal year of our Government end ? June 30. 837. Why is a regular account and statement of the receipts and expenditures of the public money required to be published by the Government ? Because such accounts serve as a check on the possible extravagance of Congress and the Executive. 838. Who reports the account of the receipts and expenditures to Congress annually ? The Secretary of the Treasury. Clause VII. "No title of nohility shall he granted hy the United States : And no person, holding any office of profit or QUESTIONS ON TEE CONSTITUTION 111 trust under them, shall, without the consent of the Congress, accept of any present, emolument, office, or title, of any hind whatever, from any king, prince, or foreign State." [50.] 839. Define the words " title," " nobility," "office," " profit," "trust," "consent," "present," "emolument," and "prince." 840. Why is the United States Government not allowed to grant titles of nobility ? Because the theory of our institutions is that all citizens are equal before the law. 841. Why are United States officers forbidden to accept any foreign patronage without the consent of Congress ? To prevent any officer of the Government from being influ- enced by a gift of any kind from any foreign prince or State. 842. What is done with presents sent to officers of the United States Government by a foreign power ? They become the property of the Government, or of those whom Congress has authorized to receive them. 843. Are private citizens and officers of the State governments prohibited from receiving foreign patronage ? 844. Do you know any private citizen who has received a title from any king, prince, or foreign State ? 845. Has any Amendment ever been proposed extending the pro- hibition of foreign patronage to private citizens ? Yes ; by the Eleventh Congress, at their second session. 846. Was this Amendment ratified ? &^ as pqg Blackboard Exercise ^ No. VIII, I. Abolition of Slave-Trade. "• ^' ^^^ ' 2. Tax. [44.] II. Suspension OF Habeas Corpus. \ ^' ?^^^\^^^°- _ , (. 2. Invasion, [45.] III. Infliction of Penalties. \ ^- ^^ ^^ f '^^?^'':,. , t 2. Ex post facto law. [46.] IV. Laying Direct Taxes. [47.] V. Laying Export Duties. [48.] VI. Preferences in Inter-State Commerce. [48.] VII. Public Treasury- \ ^' Appropriations ( 2. Statement. [49.] I VIII. Granting Titles. [60.] 112 . HAND-BOOK OF CIVIL GOVERNMENT, Section X.— Prohibitions upon the States. Clause I. "iVo State shall enter into any treaty, alliance y or confederation ; grant letters of marque and reprisal ; coin money ; emit bills of credit ; make anything but gold and sil- ver coin a tender in payment of debts, pass any bill of attainder, ex post facto law, or law impairing the obligation of contracts, or grant any title of nobility." [51.] 847. Define the words ''treaty," "alliance," "confederation," "let- ters of marque and reprisal," "tender," "debts," "bill of attainder," " ex post facto law, '^ "impairing," "obligation," "contracts," "title," and " nobility." 848. Why should no State be allowed to enter into any treaty, alli- ance, or confederation ? Because such a privilege would conflict with the powers granted to the General Government. 849. Why should not the States be allowed to grant letters of marque and reprisal? Because this would place it in the power of any one State to involve all the others in war. 850. Why should not States be allowed to coin money ? Such a provision would only multiply expensive mints, and introduce troublesome differences in the form and weights of the circulating coins. 851. What is meant by " bills of credit" ? Paper money, or promises to pay, issued in such a way as to be used as a circulating medium. 852. Is a State prohibited from borrowing money by giving bonds? 853. Can a State make its bonds receivable for taxes, debts, and the salaries of public officers? The Supreme Court has decided that such bonds are bills of credit, and therefore unconstitutional. 854. Were the paper notes issued by the Continental Congress bills of credit? 855. What is a legal tender? Such an offer of payment as the creditor is obliged to ac- cept, or forfeit his claim to interest. QUESTIONS ON THE CONSTITUTION. 113 856. Can Congress emit "bills of credit"? 857. Can Congress make anything but gold and silver a legal tender ? 858. What are "greenbacks"? 859. Have bills of attainder, or ex post facto laws, ever been passed in this country ? During the Kevolution, the States confiscated the property of those who espoused the cause of the mother country. 860. What is a contract ? An agreement between two or more parties competent to contract, based on a sufiicient consideration, each promising to do or not to do some particular thing possible to be done, and not prohibited by law. 861. Can any State pass laws impairing the obligation of contracts? 862. Can a Legislature change the method of enforcing a contract ? 863. Have any instances occurred in our history of laws impairing the obligations of contracts ? The laws making the depreciated Continental money a legal tender, and various laws of the same kind passed by the States during the Revolution, Avere of this kind. 864. Can the States be prohibited from passing bankrupt laws? 865. Can States make insolvent laws, discharging contracts in cer- tain cases? The Supreme Court has decided that the States may pass laws in reference to future contracts, but not to those which are past. 866. Can grants made by a State Legislature be changed ? A grant made by a State Legislature is irrevocable. 867. Give examples. The charter of a bank or of a college. Clause II. "iVb State shall, ivithout the consent of the Con- gress, lay any iynposts or duties on imports or exports, except what may be absolutely necessary for executing its inspection laws; and the net produce of all duties and imports, laid by any State on imports or exports, shall be for the use of the treaswy of the United States ; and all such laws shall be subject to the 10^ H 114 HAND-BOOK OF CIVIL GOVERNMENT. revision and control of the Congress. No State shall, without the consent of Congress, lay any duty on tonnage, keep troops, or ships of war, in time of peace, enter into any agreement or com- pact 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. ^^ [52.] 868. Define the words "State," "consent," "imposts," "duties," "imports," "exports," "absolutely," "executing," "inspection laws," " net," " produce," " treasury," " revision," " control," " tonnage," " compact," and " imminent." 869. To what extent are the States allowed to levy duties on imports and exports? 870. Whose consent must the States have to levy duties on goods ? 871. What is done with the net produce of all duties and imposts laid by States ? 872. What are inspection laws ? Laws requiring a careful examination of goods before they can become articles of commerce. 873. What is the object of inspection laws? To secure a certain standard of excellence in commodities offered for sale, so that purchasers may not be imposed upon. 874. What is an inspector? 875. How are inspectors paid ? 876. To whose revision and control are State inspection laws subject? 877. What is the object of placing the States under the control of Congress in regard to duties on imports and exports ? To prevent the States from making laws interfering with the general authority of Congress to regulate commerce. 878. What are duties on tonnage ? . Taxes or duties levied upon ships in proportion to their cubical contents expressed in tons. 879. How much is a ton expressed in cubic feet ? 880. Why are States prohibited from laying duties on tonnage ? If the States are prohibited from raising revenue from duties on goods, they should also be prohibited from taxing the ships in which they are brought. 881. Does the Constitution in any other clause refer to taxation of any kind by State authority ? QUESTIONS ON THE CONSTITUTION. 115 882. Does the Constitution deny the power of the States to levy taxes ? 883. For what purposes may a State levy taxes ? For the support of its local government. 884. Wliat would be the consequence of allowing States to maintain troops and ships of war? It would endanger the public safety by causing jeal- ousies among the States, and provoking hostilities with foreign nations. 885. Why should not States be alloAved to form compacts with each other or with foreign States ? Because the States might make such arrangements as would neutralize the powers of Congress ; and foreign powers might gain an advantage over all the States by securing the favor of one State. 886. In what cases may States engage in war ? 887. Has any State ever tried to engage in war unconstitutionally ? 888. Have any States ever formed unconstitutional compacts with each other or with foreign nations ? 889. Was this clause violated by the Southern States in 1861 ? Blackboard Exercise, No, IX. r 1. Treaties. I. Compacting. < 2. Alliances. V 3. Confederations. [51.] II. Granting Letters of Marque and Eeprisal. [51.] / 1. Coining Money. III. Financial. ] 2. Bills of Credit. ( 3. Tender. [51.] r 1. Bills of Attainder. IV. Legislative. < 2. Ex post facto laws. ' 3. Impairing Contracts. [61.] V. Granting Titles of Nobility. [51.] {1. Imports. 2. Exports. 3. Tonnage. [52.] VII. Keeping Troops or Ships of War. [52.] VIII. Agreements. \ ^' "^'}^^ another State. ( 2. With foreign Power. [52.] IX. Engaging in War. [52.] 116 HAND-BOOK OF CIVIL GOVERNMENT. AETIOLE II.-THE EXECUTIVE DEPARTMENT : THE PEESIDENT AND VIOE-PEESIDENT. Section I. — Term : Election : Qualifications : Salary : Oath of Office. Clause I. " The Executive power shall he vested in a Presi- dent of the United States of America. He shall hold his office during the term of four years, and together with the Vice-Pres- ident, chosen for the same term, be elected as follows:'' [53.] 890. Define the words " Executive," "vested," "President," "office," "term," "Vice-President," "chosen," and "elected." 891. Was there any President under the Confederation? 892. In whom is the Executive power of the United States vested ? 893. Is any power vested in the President's cabinet by the Consti- tution ? 894. Is the Executive power defined in the Constitution ? 895. Why is the Executive power vested in one man ? To secure a stronger sense of personal responsibility and a more energetic execution of the laws. 896. When did our nation select the name of " The United States of America"? 897. For how long a term are the President and Vice-President of the United States elected ? 898. How does the President's term of office compare with that of Senators and Kepresentatives ? 899. What advantage results from making the term of the President four years ? The different departments of Government are never dis- solved at the same time. 900. What evil might result from making the President's term less than four years ? Sudden changes in the policy of the General Government. 901. Are Presidents of the United States restricted to any particu- lar number of terms? 902. How many Presidents have been elected a second time ? 903. Has any President been a candidate for a third term ? 904. What serious disadvantage is there in not limiting the Presi- dent to a single term of office ? QUESTIONS ON THE CONSTITUTION. 117 The danger of shaping his administration so as to secure renomination. 905. What danger might result from making the Presidential term a long one ? It might tend to make the Executive independent of the . will of the people. 906. When does the Presidential term begin ? 907. How long does the Vice-President serve, in case he succeeds the President ? V Clause II. " Each State shall appoint, in such manner as the Legislature thereof may direct, a number of Electors, equal to the whole number of Senators and Representatives to which the State may be entitled in the Congress ; but no Senator or Representative, or person holding an office of trust or profit under the United States, shall be appointed an Elector.'' [54.] 908. Define the words "State," "appoint," "Legislature," "direct," "Electors," "Senators," "Representatives," "entitled," "Congress," "trust," "profit," and "appointed." 909. For what does this clause provide? 910. Who appoints the Electors of President and Vice-President of the United States? 911. In what manner are the Electors of President and Vice-Pres- ident appointed? 912. How many Electors of President and Vice-President is each State allowed to appoint? 913. What persons ara^isqualified from being Electors of Presi- dent and Vice-President of the United States ? 914. What scheme for electing the President of the United States was first proposed in the Constitutional Convention ? It was proposed that he should be elected by the National Legislature. 915. How were the Electors of President and Vice-President for- merly chosen ? In four different ways : by joint ballots of the State Legis- latures ; by a concurrent vote of the two branches of the State Legislature ; by the people of the State voting by general ticket ; and by the people voting in districts. 118 HAND-BOOK OF CIVIL GOVERNMENT. 916. To whom is the election of Electors of President and Vice- President now.generally confided? To the people of the several States. 917. To how many electors of President and Vice-President is your State entitled ? (Eeckon one for each Congressional district, and two at large.) 918. What are the qualifications of Electors of President and Vice- President? 919. Can a Postmaster be an Elector of President and Vice-Presi- dent? [Clause III. "The Electors shall meet in their respective States, and vote by ballot for two persons, of whom one, at least, shall not be an inhabitant of the same State with themselves. And they shall make a list of all the persons voted for, and of the number of votes for each ; which list they shall sign and certify, and transmit, sealed, to the seat of the government of the United States, directed to the President of the Senate. The President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates, and tlie votes shall then be counted. The person having the greatest number of votes shall be the President, if such num- ber be a majority of the whole number of Electors appointed ; and if there be more than one, who have such majority, and have an equal number of votes, then the House of Representatives shall im- mediately choose, by ballot, one of them for President ; and if no person have a majority, then, from the five highest on the list, the said House shall, in like manner, choose the President. But in choosing the President, the votes shall be taken by States, the repre- sentation from each State having one vote • a quorum for this pur- pose shall consist of a member or membere from two-thirds of the States, and a majority of all the States shall be necessary to a choice. In every case, after the choice of the President, the person having the greatest number of votes of the Electors shall be the Vice-President. But if there should remain two or more who have equal votes, the Senate shall choose from them, by ballot, the Vice-President."] [55.] N. B. — This clause has since been repealed. It is quoted here merely for reference, and not to be learned by the pupil. Instead of ^learning it, he should study the following, which is Article XII. of the Amendments, and which contains the present mode of electing the President and Vice-President. This Amendment is treated of here, because of its connection with the present subject, QUESTIONS ON THE CONSTITUTION. 119 Amendment, Article XII. Mode of choosing the President and Vice-President. Clause I. " The Electors shall meet in their respective States y 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 distinct ballots the person voted for as Vice- President; and they shall make distinct lists of all persons voted for as President, and of all persons voted for as Vice-Pres- ident, and of the number of votes for each, which lists they shall sign, and certify, and transmit, sealed, to the seat of the govern- ment of the United States, directed to the President of the Senate ; the President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates, and the votes shall then be counted ; the person having the greatest num- ber of votes for President shall be the President, if such number be a majority of the whole number of Electors appointed ; and if no person have such majority, then, from the persons having the highest numbers, not 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 Pres- ident, the votes shall be taken by States, the representation from each State having one vote ; a quorum for this purpose shall consist of a member or members from two-thirds of the States, and a majority of all the States shall be necessary to a choice. And if the House of Representatives shall not choose a Presi- dent, whenever the right to choose shall devolve upon them, before the fourth day of March next following, then the Vice- President shall act as President, as in the case of the death, or other constitutional disability, of the President.'' [95.] 920. Define the words " respective," " vote," " ballot," " inhabitant," "distinct," "sign," "certify," "transmit," "sealed," "seat of govern- ment," "directed," "presence," "certificates," "majority," "repre- sentation," "quorum," " devolve," and "disability." 120 HAND-BOOK OF CIVIL GOVERNMENT. 921. Where do the Electors of President and Vice-President of the United States meet ? 922. How do Presidential Electors vote ? 923. For what officers do the Presidential Electors vote? 924. Can Presidential Electors vote for both President and Vice- President, if they are inhabitants of the same State with themselves? 925. What is the object of this provision ? To prevent local partialities. 926. How are the Presidential Electors required to make their ballots? 927. How does the present mode of balloting for President and Vice-President differ from the former mode ? 928. What provision is made to prevent mistakes in balloting for President and Vice-President of the United States ? 929. What provision is made to prevent fraud in handling the bal- lots of the Presidential Electors ? 930. Where are the lists made by the Presidential Electors sent ? 931. To whom are the lists made by the Presidential Electors di- rected ? 932. How are the votes of the Presidential Electors counted at the seat of government? 933. What number of Electoral votes is necessary to an election of President and Vice-President of the United States ? 934. Why should not a person be elected to the Presidency and Vice-Presidency who has a plurality of votes ? In case there were several candidates, a person might be elected by a small number of votes, against the wishes of a large number of the people. 935. Who elects the President of the United States, in case the Electors fail to do so ? 936. How does the House of Representatives elect the President when the choice devolves upon them ? 937. When? 938. How is the House of Representatives limited in its choice of candidates for President of the United States ? 939. How are the votes of the House of Representatives taken in choosing the President of the United States ? 940. What States are favored by this mode of voting ? The smaller States ; the smallest having in such a case as much weight as the largest. QUESTIONS ON THE CONSTITUTION. 121 941. What States have the advantage when the President of the United States is chosen by Electors ? The large States. 942. In choosing the President of the United States in the House of Representatives, what is necessary to make a quorum of the House ? 943. What number of States is necessary to a choice of President of the United States by the House of Representatives? 944. How long can the duty of choosing a President of the United States be deferred by the House of Representatives ? 945. Why is that day particularly named ? Because the existing President's term of office expires on that day. 946. In case the House of Representatives fail to choose a Presi- dent of the United States before the 4th of March, who succeeds to the Presidency ? The newly elected Vice-President. 947. Has the country ever had or been threatened with a case of this kind ? 948. How are the certificates of the Presidential Electors sent to Washington ? One of the certificates is sent by special messenger to the President of the Senate ; a second one is forwarded to the same person by mail ; and a third is delivered to the judge of the district in which the Electors assemble. 949. When are the Electoral votes counted in the presence of the Senate and House of Representatives ? The proceeding takes place in the Hall of the House of Representatives on the second Wednesday of February. 950. Which of our Presidents have been elected by the House of Representatives ? 951. What led to the adoption of the Twelfth Amendment? The protracted contest in the House of Representatives between Thomas Jefferson and Aaron Burr. 952. How many Presidents have been elected by the House of Rep- resentatives since the adoption of the Twelfth Amendment ? 953. When was the Twelfth Amendment proposed ? In December, 1803. H 122 HAND-BOOK OF CIVIL GOVERNMENT. 954. When was the Twelfth Amendment ratified ? In September, 1804. 955. Point out the chief points of difference between the old and new mode of electing the President and Vice-President. Clause II. " The person having the greatest number of votes as Vice-President shall he the Vice-President^ if such number be a majority of the whole number of Electors appointed ; and if no person have a majority, then, from the two highest num- bers 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 ; a majority of the whole number shall be necessary to a choice." [96.] 956. To what does this clause relate ? 957. What number of Electoral votes is necessary to elect the Vice- President ? 958. If the Electors fail to elect a Vice-President, how is he chosen ? 959. How is the Senate limited in its choice of candidates when the choice of Vice-President of the United States devolves upon it ? 960. What constitutes a quorum of the Senate when choosing the Vice-President of the United States ? 961. What number of Senators is necessary to a choice of the Vice- President of the United States ? 962. Does the Senate in choosing the Vice-President of the United States vote by States ? 963. How many times has the choice of a Vice-President of the United States devolved upon the Senate ? 964. Compare this clause with that of the original article. Clause III. "But no person constitutionally ineligible to the office of President, shall be eligible to that of Vice-President of the United States.'' [97.] 965. Define the words "constitutionally," "ineligible," "office," and "eligible." 966. Why are the same qualifications required of the Vice-Presi- dent as of the President ? Because in certain cases the Vice-President succeeds to tbe office of President. QUESTIONS ON THE CONSTITUTION. 123 967. Was this clause in the original Constitution when first pre- sented to the Convention ? 968. Was there any necessity for its being placed in the original Constitution ? 969. How many times since the adoption of the Constitution has the Vice-President been called upon to act as President ? 970. Give an account of each case. Clause IV. " Tlie Congress may determine the time of choos- ing the Electors, and the day on ivhich they shall give their votes; which day shall be the same throughout the United States.'^ [56.] 971. Define the words "Congress," "determine," "electors," and "votes." 972. How is the time of choosing Presidential Electors determined? 973. What is the choice of Electors of President and Vice-President generally called ? The Presidential Election. 974. Is the time of choosing Electors of President and Vice-Presi- dent the same throughout the States ? It is. By act of Congress of January 23, 1845, the Elec- tors are to be chosen in each State on the Tuesday next after the first Monday in November. ' 975. How is the day on which the Presidential Electors shall give their votes determined ? 976. Is the day on which Presidential Electors give their votes the same throughout the United States ? 977. Where and when do the Presidential Electors give their votes? At a place designated by the State Legislature, on the first Wednesday of December. 978. When and where are the votes of the Presidential Electors counted ? 979. Is the result of the Presidential election known before the votes are counted in Congress ? Clause V. " iVo 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; 7ieither shall any pej'son be eligible to that office who shall not have 124 HAND-BOOK OF CIVIL GOVERNMENT. attained to the age of thirty-five years, and been fourteen years a resident within the United States." [57.] 980. Define the words "citizen," "adoption," "Constitution," "eli- gible," " attained," and " resident." 981. To what does this clause relate? 982. What is required of the President of the United States in regard to birth ? 983. What temporary exception was made to the qualification of birth of the President of the United States ? 984. Why was this exception made ? From gratitude to those distinguished foreigners who had rendered the country service during the Revolution. 985. How old must the President of the United States be? 986. How long must the President have been a resident of the United States ? 987. Are persons born of parents while abroad in the public ser- vice ineligible to the office of President of the United States? 988. Does a residence abroad on official duty incapacitate one from holding the office of President ? No. Mr. Buchanan had been Minister to England just prior to his election to the Presidency in 1856. Clause VI. " In case of the removal of the President from office, or of his death, resignation, or inability to discharge the powers and duties of the said office, the same shall devolve on the Vice-President, and the Congress may by law provide for the case of removal, death, resignation, or inability both of the Pres- ident and Vice-President, declaring what officer shall then act as President, and such officer shall act accordingly, until the dimbility be removed, or a President shall be elected." [58.] 989. Define the words "removal," "office," "resignation," "ina- bility," "discharge," "powers," "duties," "devolve," "accordingly," and " elected." 990. When does the office of President devolve upon the Vice- President ? 991. Who declares what officer shall act in case of the removal, death, resignation, or inability of both President and Vice-President ? 992. When Congress provides the President's successor, how long does that officer act ? QUESTIONS ON THE CONSTITUTION. 125 993. When the Vice-President succeeds to the office of President, is he called President or acting President f Congress has uniformly recognized the Executive in such cases as President, making no distinction between him and the President originally elected as such by the people. 994. Would the person succeeding to the office vacated by botli President and Vice-President be called President or acting President ? 995. How has Congress provided by law for a successor in case of the removal, death, resignation, or inability of both President and Vice-President ? Congress has provided that the President pro tempore of the Senate, and in case there is no such officer, the Speaker of the House of Representatives shall act as President until the disability be removed or a new President be elected. 996. If the President pro tempore of the Senate, or the Speaker of the House of Kepresentatives, acts as President of the United States, when would a new election take place ? Such special election would be held at the same time of the year as the regular election. 997. Would this include the case of a non-election of President and Vice-President at the regular time ? 998. How often has a vacancy in the office of President occurred by death ? 999. Has the office of President ever been made vacant by any other cause than death ? 1000. In case of the death of the Vice-President only, does the President pro tempore of the Senate succeed to that office ? 1001. How many Presidents and Vice-Presidents have died while in office ? Clause VII. " The President shall, at stated times, receive for his services a compensation, which shall neither be i7i- 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.'' [59.] ' 1002. Define the words " President," " stated," " services," " com- pensation," " increased," " diminished," " period," " elected," and " emolument." 11* 126 HAND-BOOK OF CIVIL GOVERNMENT. 1003. Is the President paid for his services ? 1004. Why should the President receive compensation for his services ? Otherwise the expense of the office might exclude men well qualified for the position, but in moderate circum- stances. 1005. Can the President's compensation be increased while he con- tinues in office? 1006. Why should the President's compensation not be increased Avhile he is in office ? Because a corrupt President might abuse the patronage of his office, in order to get such an increase of salary. 1007. Why should the President's salary not be diminished while he is in office ? If Congress had the power to diminish the President's salary, it would go far to destroy his independence. 1008. Is the President allowed to receive any emolument besides his salary from the United States, or from any particular State, during his term of office ? 1009. What is the present salary of the President of the United States in money ? 1010. Does our nation furnish the President with a home, and any other expenses ? 1011. What is the President's house called? 1012. How is the salary of the President paid? The President's salary is paid monthly. 1013. What is the present salary of the Vice-President? 1014. What compensation does the Vice-President receive when he succeeds to the Presidency ? 1015. What compensation would the President 'pro tempore of the Senate or the Speaker of the House of Eepresentatives receive if he should succeed the President? Clauses VIII. and IX. "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 luill, to the best of my ability, preserve, protect, and defend the Constitution of the United States:" [60.] QUESTIONS ON THE CONSTITUTION. 127 1016. Define the words "enter," "execution" "office," " oatli," " affirmation," " swear," " affirm," " ability," " preserve," " protect," "defend," and "Constitution." 1017. What oath or affirmation is required of the President before he enters on the execution of his office ? 1018. Who administers the Presidential oath? The Chief-Justice of the Supreme Court. 1019. When is the Presidential oath administered ? 1020. Does the Vice-President take an oath similar to the Presi- dent's? 1021. When the Vice-President succeeds the President, is it neces- sary for him to take the oath prescribed in the Constitution for the President ? Mr. Tyler did, although he deemed himself qualified to perform the duties and exercise the powers of the Presi- dent's office without any other oath than that Avhich he took as Vice-President. The same w^as done by Mr. Fillmore, Mr. Johnson, and Mr. Arthur. Section 11.— The President's Executiye Powers. Clause I. " The President shall he 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 ivriting, 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 offences against the United States, except in cases of impeachment" [61.] 1022. Define the words " President," " commander-in chief," " army," " navy," " militia," " actual," " opinion," " principal," " executive," "departments," "respective," "offences," and "impeachment." 1023. Who is commander-in-chief of the army and navy of the United States? 1024. Who commands the militia when in the actual service of the United States? 1025. Why should the command of the army and navy be entrusted to tlie President rather than to Congress? Because military and naval operations require a degree 128 HANDBOOK OF CIVIL GOVERNMENT. of promptitude and unity which could not be obtained in a numerous body like Congress. 1026. Is it to be inferred from the Constitution that the President actually takes command of the army in person in time of war ? That is not the intention ; though he has the power, if so disposed. 1027. In what sense is the President commander-in-chief of the army and navy ? He directs the application of military force, in the execu- tion of the laws, in maintaining peace at home, and in resisting foreign aggression. 1028. Why is the President made commander-in-chief of the mil- itia when in the service of the United States? In order that there may be unity of action, training, and discipline. 1029. Who are the Heads of Departments? The advisers of the President, collectively called his Cabinet. 1030. What may the President require of the Heads of Depart- ments ? 1031. Does the Constitution specify the power to establish Depart- ments as one of the powers of Congress ? No ; its language simply implies that such Departments would be established. 1032. W^hat pardoning power is vested in the President? 1033. What is a reprieve ? A reprieve is the temporary postponement of the execution of a sentence, especially of death. 1034. What is a pardon ? A pardon is a full release from punishment, and the remission of penalties which would otherwise be inflicted. 1035. In what case has the President no pardoning power ? 1036. Has the President authority to pardon in case of contempt ? It is thought not, because it would tend to make the legislative bodies wholly dependent upon the President's good will and pleasure for the exercise of their own powers. 1037. Can the President pardon before trial as well as after? QUESTIONS ON THE CONSTITUTION 129 1038. Can the President grant a conditional pardon? The Supreme Court has decided that he can. 1039. Does the pardoning power of the President include the power to restore a man to an office from which he may have been removed ? 1040. Give an instance of the exercise of the pardoning power by the President. Clause II. " He (the President) shall have power, by and with the advice and consent of the Senate, to make treaties, provided two-thirds of the Seriators present concur; and he shall nominate, and by and with the advice and coiuent of the Senate, shall appoint ambassadors, other public ministers, and consuls, judges of the Supreme Court, and all other officers of the United States, whose appointments are not herein otherwise provided for, and which shall be established by law : but the Congress may by law vest the appointment of such inferior offi- cers, as they think proper, in the President alone, in the courts of law, or in the heads of Departments.^' [62.] 1041. Define the words " power," "advice," "consent," "provided," "concur," "nominate," "appoint," "established," "law," "vest," " inferior," and " Departments." 1042. What are treaties ? Treaties are agreements or contracts between two or more nations, entered into with proper formality, defining the rights of the respective parties with regard to trade, com- merce, boundaries, or any other subject of interest to the nations concerned. 1043. By whom are treaties made ? 1044. How is the President limited in the treaty-making power? 1045. How large a vote of the Senate is necessary to confirm a treaty ? 1046. Has a treaty ever been made by Congress in which the Pres- ident took no part ? 1047. If a treaty made by the President and the Senate with a foreign power involve the payment of money, can Congress exercise any discretion as to the appropriation ? 1048. How are treaties negotiated? By commissioners appointed for the purpose, or by ambas- sadors or other public ministers. I 130 HAND-BOOK OF CIVIL GOVERNMENT. 1049. How does the Senate discuss treaties ? In Executive session ; that is, with closed doors. 1050. What officers are appointed by the President? 1051. How is the appointing power of the President limited? 1052. What provision is made in the Constitution for the appoint- ment of inferior officers ? 1053. How large a vote in the Senate is necessary to confirm a nomination made by the President ? A majority. 1054. Is any provision made in the Constitution for the removal of persons from office ? 1055. To whom has the power of removal from office been given in practice ? To the President ? 1056. How has the power of the President to remove from office been limited ? By an exception in favor of military and naval officers, and by an act regulating the tenure of civil officers. 1057. What is an ambassador? A minister of the highest rank. 1058. How is the word " minister " used in the Constitution ? It is a word used to designate a person appointed by the Government to represent it, and to manage its interests at the court or seat of government of some other power. 1059. What is a consul ? A person commissioned to reside in a foreign country, as an agent or representative of a government, to protect the rights of its citizens, and assist in the transaction of commer- cial or diplomatic business. 1060. Does the Constitution specify who are meant by "inferior officers"? 1061. Are the Heads of Departments "inferior officers"? • 1062. Which Department has the largest number of appointments vested in it ? 1063. If Congress do not vest the appointment of inferior officers in the President alone, in the courts, or in the Heads of Departments, who would make the appointments ? Clause III. " The President shall have power to fill wp all QUESTIONS ON THE CONSTITUTION 131 vacancies that may happen during the recess of the Senate hy granting commissions which shall expire at the end of their next session." [63.] 1064. Define the words "vacancies," "recess," "commissions," "ex- pire," and " session." 1065. What provision is made for vacancies which may happen during the recess of the Senate ? 1066. For how long a time do commissions granted by the Presi- dent during the recess of the Senate continue ? 1067. Why is it necessary to make some provision for temporary appointments by the President during the recess of the Senate ? As vacancies are continually occurring by death, resigna- tion, or otherwise, the operations of the Government would be liable to serious embarrassments, unless the Senate were kept in perpetual session. 1068. If a person commissioned by the President in the recess of the Senate be nominated by the President and confirmed by the Senate at the next session, is this regarded as a new appointment ? Yes ; a new commission is issued, and if a bond had been given under the appointment during the recess, a new one is required. 1069. K a vacancy should be filled by the President in the recess of the Senate, and the ofiicer thus appointed should be nominated to the Senate at their next session and should be rejected, could the President, after the re-adjournment of tlie Senate, reappoint the same person ? 1070. If the Senate take no action on the nomination of the Presi- dent, who makes the appointment ? Section III.— President's Executive Duties. "He shall, from time to time, give to the Congress informa- tion of the state of the Union, and recommend to their consider- ation such measures as he shall judge necessary a7id 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 adjourjiment, 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 faith- 132 HAND-BOOK OF CIVIL GOVERNMENT. fully executed, and shall commission all the officers of the United States." [64.] 1071. Define the words "information," "State," "Union," "recom- mend," "consideration," "measures," "expedient," "extraordinary," "convene," "disagreement," "adjournment," "ambassadors," "public ministers," " commission," and " officers." 1072. What information is the President required to give to Con- gress ? 1073. What is the President required to recommend to the consid- eration of Ck)ngress ? 1074. How often does the President send messages to Congress? Messages are sent at the beginning of each regular session of Congress, and special messages at any time that the Presi- dent may think the interests of the country require them. 1075. How were the President's messages formerly delivered ? In a speech, to which reply was made by both Houses of Congress. 1076. How are the President's messages now delivered? In the form of a written document, to which no answer is returned ? 1077. What provision is made in the Constitution for extra sessions of Congress? 1078. How often has the President exercised his authority to con- vene extra sessions of Congress ? 1079. Can the President convene the Senate without calling to- gether the House of Representatives ? 1080. Has any case yet arisen of disagreement between the two Houses of Congress in regard to the time of adjournment ? 1081. For how long can the President adjourn Congress ? 1082. To whom is given the power of receiving Ambassadors and other public Ministers? 1083. What is the effect of receiving an Ambassador or other public Minister ? It is the same thing as recognizing the country from which such persons come as belonging to the great commonwealth of nations. 1084. Does the power to receive involve the power to refuse to re- ceive, or to reject and dismiss, Ambassadors and other public Ministers? It does. QUESTIONS ON THE CONSTITUTION. 133 1085. Does the President make or repeal laws ? 1086. Does the President interpret the meaning of laws? 1 087. Who is responsible for the execution of the laws of the United States? 1088. What means of executing the laws are given to the President ? The army and navy, and, if need be, the militia, are under his orders ; and directly or indirectly all Executive offices are filled by men of his selection. 1089. Who is required to commission all officers of the United States? 1090. What is a commission? A formal certificate of appointment, reciting the powers conferred, and issued by the proper authority. Section IT.— Impeachment. " The President^ Vice-President, and all civil officers of the United States, shall be removed from office, on impeachment for y and conviction of, treason, bribery, or other high crimes and mis- demeanors." [65.] 1091. Define the words "civil," "impeachment," "conviction," " treason," " bribery," " crimes," and " misdemeanors." 1 092. What officers does the Constitution make liable to impeach- ment ? 1093. Who are meant by civil officers of the United States? Officers deriving their appointments from the National Government. 1094. Are members of Congress officers of the United States? It has been decided that they are not. 1095. What officers of the United States are there besides civil officers? Military and Naval officers. 1096. Are Military and Naval officers Uable to impeachment ? The Constitution does not forbid it ; but they are subject to the trial and decision of Court-Martial. 1097. Give examples of civil officers of the United States. Heads of Departments, Judges of the Supreme Court, Marshals, Collectors, and District Attorneys. 1098. For what offences are officers liable to impeachment? 12 134 HAND-BOOK OF CIVIL GOVERNMENT. 1099. What is the extent of the penalty in cases of impeachment ? 1100. Where do impeachments originate? 1101. By whom are impeachments tried? 1102. Who presides when the President of the United States is impeached ? 1103. Does the Constitution specify who "civil officers" are? 1104. Can persons not in office be impeached? 1105. How many cases of impeachment have been tried? 1106. How many persons have been convicted of impeachment ? Blackboard Exercise, No, X. I. President. • Title. [63.] Term. [63.] 3. Elation. .{: 4. Electon [67.] By Electors. [95.] By House of Representatives. [95.] a. Number. [64.] b. Qualifications. [64.] c. When chosen. [66.] d. When they vote. [66.] !a. Nativity. 6. Age. c. Eesidence. 6. Removal. [68.] 7. Compensation. [69.] 8. Oath. [60.] {a. Army. b. Navy, c. Militia. [61.] a. Departments. [61.] 6. Reprieves and Pardons. [61.] c. Treaties. [62.] d. Appointments. [62.] e. Vacancies. [63.] 11. Duties. -{ 10. Civil Powers. b. Meetings of Congress. c. Adjournment of Congress. d. Receptions. e. Execution of laws. _ /. Commissions. [64.] 12. Impeachment. [66.] < Oh W o QUESTIONS ON THE CONSTITUTION, 135 1. !ZVo h^ -^ oc ^a OiCTI t*^ CO to M. p > 1 ^1 i CO GO O 3 i- 3 1 > 1 3 3 p 3 w p 3 P 3 Martin Van Buren.... William H. Harrison John Tyler James K. Polk Zachary Taylor Milhml Fillmore Franklin Pierce James Monroe John Quincy Adam Andrew Jackson.... 3 i' 3 3- 3 35 3 i s- : 3 1 5 • s ; E* • !2;oo H "i^ ^ »Tj«!2:jr^H<;o:z! H 2<: <; ^ 2^ Ht 3- o' 5' o 3 3 i en irginia... ennessee, ouisiana. ew York . Hamps ennsylva 3-» a 3 a 1 ft irginia... irginia.., irginia.., assachus if 1 1 : 3 3^: • • • % : :^ : • ^'^\ i i : K : ^ 00 OO 00 » ►-4 ^ --joooo^j^a^j— 1^4 -J -~3 ~a^ § CO w to to Cl a> en io >(>• CO CO w o — tc to 00 ■o — rfi.O^'Cnccoto ^) -J 00 CO en to l« • h-* • h-l _l I-' i-i h- ^ ^ j_j ,_i : OO 00 DO OOOOOCOOOOOOOOOO 00 00 00 00 00 00 •<» .« : OO ^J 3i C505^C;x*^05^Ci 4^ rf»^ CO M to to CO Oi JI 000*>.OCOtOt-^tO en 00 l-i C7i Oi 05 CO MCOQ T CO ^ 00^'-0"00 H CH H H~ OH Vi 5"3 ^ V! -s 33v--^3< t 3 3 u.%%.1% S" t S" ? ? s-g- 3 1— 3 33g.»-3S.S.B 5 3 3 3 g 3 3 X ^4^-. '^3—. CD V . 00 /I • OQ •^ O 09 QC H- "^ a S-P9 OO 1887-1 ; 1841, 1 mon 1845-1 month montl 1853-1 1857-1 to 00 >- —I -vl l-l S ?3 -J X 5 o 3 3 00 to 00 » X ,OVI « a.^ < 3i f 3 3 to f r?? ?rf % S' 3- ggS.^2?: ^ 00 •-- _1 _L X H^ » 00 to 00 00 oc "^i !3 -a 00 s. H-. - : H-l CO ^ to h- H-CO 3 l^i a a ? OO ^ 01 $c : qc : '. f; 0- : rf». : •^00: "i" : : : . i \ » 35 181 gi : ' \ ? \ : : : pt : ; ', '. Henry Wilson. Wm. A. Wheeler Chester A. Arthu 1 c > 3 3- 3 3 P 3 S 3" John ('. (^alhoun, Martin Van Pure Rich'd M. Johnso John Tyler. George M. Dallas, Millard Fillmore. William P. King J. (x. Preckinridg Ip 3-3 2 CO ^% 3' 3 Pi c < n P 3 1 i ^■ 9 3 : z \ 188 HAND-BOOK OF CIVIL GOVERNMENT. 1649. What is meant by an ''administration" ? By an administration we understand the management of the afiairs of the Government. 1650. What officers are usually included in a statement of the suc- cessive administrations of our Government ? The officers usually named as connected with the admin- istrations of our Government are the President, Vice-Presi- dent, and the members of the Cabinet. 1651. How many administrations have there been under our Gov- ernment ? 1652. How many years has each administration of our Govern- ment covered ? 1653. When does each new administration begin? 1654. Which President was twice elected unanimously ? 1655. When was Washington sworn into office ? 1656. Name the first President elected by the House of Kepresen- tatives. 1657. Name the second President elected by the House of Eepre- sentatives. 1658. Name the first President who died while in office. 1659. Name the first Vice-President who succeeded to the Presi- dency. 1660. Name the second President who died while in office. 1661. Name the second Vice-President who succeeded to the Presi- dency. 1662. Name the third President who died while in office. 1663. Name the third Vice-President who succeeded to the Presi- dency. 1664. Name the fourth President who died while in office. 1665. Name the fourth Vice-President who succeeded to the Presi- dency. 1666. Who is the present President of the United States ? 1667. Who is the present Vice-President of the United States ? 1668. What are the duties of the Vice-President of the United States? The Vice-President of the United States is President of the Senate ; gives the casting vote when the Senate is equally divided, and signs all bills passed by the Senate. 1669. Is there any provision in the Constitution, or by statute, for filling a vacancy in the office of Vice-President ? PRACTICAL OPERATION OF THE CONSTITUTION. 189 No provision is made in the Constitution or by law for filling a vacancy in the office of Vice-President. 1670. At what time in our history have we had no Vice-President? 1671. What person elected Vice-President died before taking the oath of office ? 1672. What is the salary of the Vice-President? Ans. $8000. 1673. What is the presiding officer of the Senate called? 1674. What is the salary of the presiding officer of the Senate ? The presiding officer of the Senate receives a salary of eight thousand dollars a year. 1675. In the absence of the Vice-President, who presides over the Senate ? The Senate elects a President pro tempore to preside over their deliberations in the absence of the Vice-President. 1676. What salary does the President pro tempore of the Senate re- ceive? Ans. $5000. 1677. Who is the present President jpro tempore of the Senate ? 1678. Into how many classes may the Committees of the Senate be divided ? The Committees of the Senate are of three kinds, viz. : Standing Committees, Select Committees, and Joint Com- mittees. 1679. Name some of the Standing Committees of the Senate. The Standing Committees of the Senate are those on Priv- ileges and Elections, Foreign Relations, Finance, Appropri- ations, Commerce, Manufactures, Agriculture, Military Af- fairs, Naval Affiiirs, Judiciary, Post-Offices and Post-Roads, Public Lands, Private Land Claims, Indian Affairs, Pen- sions, Revolutionary Claims ; Claims on District of Colum- bia, Patents, Territories Railroads, Mines and Mining, Re- vision of the Laws of the United States, Education and Labor, Civil Service and Retrenchment ; Committee to Audit and Control the Contingent Expenses of the Senate ; Com- mittee on Engrossed Bills, and the Committee on Rules. 1680. Why are the Select Committees of- the Senate appointed? The Select Committees of the Senate are appointed for 190 HAND-BOOK OF CTVTL GOVERNMENT. special purposes, not included in the list of regular Standing Committees. 1681. Give an example of a Select Committee in the Senate. In the Forty-Fifth Congress, a Select Committee was ap- pointed to take into consideration the state of the law re- specting the ascertaining and declaring the result of the election of President and Vice-President. 1682. What are meant by the Joint Committees of the Senate? The Joint Committees of the Senate are those which have power to act concurrently with a committee of the same kind in the House of Representatives. 1683. Name some of the Joint Committees of the Senate. The Joint Committees of the Senate are such as the Com- mittees on Public Printing, Enrolled Bills, Library, Public Buildings and Grounds. 1684. How are Committees usually chosen in the Senate? Senate Committees are usually chosen by ballot. 1685. Of how many members does a Standing Committee of the Senate usually consist ? Standing Committees of the Senate usually consist of seven members. 1686. What is the presiding officer of the House of Eepresenta- tives called ? The presiding officer of the House of Representatives is called the Speaker. 1687. What was the origin of the title of Speaker as applied to the presiding officer of the House of Representatives? The title of Speaker had its origin in the custom of a response or speech, when the presiding officer was addressed by the President or Chief Executive of the nation. As he spoke on behalf of the whole body, he was called their Speaker. 1688. What are the duties of the Speaker of the House of Repre- sentatives? The Speaker of the House of Representatives signs all PRACTICAL OPERATION OF THE CONSTITUTION. 191 bills and resolutions passed by the House, and under the rules of the House appoints its committees. 1689. When does the Speaker of the House of Representatives act as President of the United States ? 1690. How does the Speaker of the House of Representatives vote ? He must vote in case of a ballot, and he may vote in other 1691. What is the salary of the Speaker of the House of Repre- sentatives ? The Speaker of the House of Representatives receives a salary of eight thousand dollars a year. 1692. Who is the present Speaker of the House of Representatives? 1693. Into how many classes are the Committees of the House of Representatives divided ? The House of Representatives, like the Senate, has Stand- ing, Select, and Joint Committees. The Standing Commit- tees are substantially the same as those of the Senate, and the Select Committees, as the name indicates, are appointed to consider special subjects or classes of subjects brought to the notice of the House. 1694. What are the Joint Committees of the House of Representa- tives ? Joint Committees are those appointed to act in conjunc- tion with similar committees appointed by the Senate, and are known by the same names. 1695. Of how many members does a Standing Committee in the House of Representatives usually consist ? Standing Committees in the House of Representatives usually consist of from nine to thirteen members. 1696. What Committee is peculiar to the House of Representa- tives ? The Committee of Ways and Means is peculiar to the House of Representatives, because all bills for raising rev- enue must originate in the House. 1697. Why is the Committee of Ways and Means regarded as the most important of all the Congressional Committees ? It is regarded as the most important because it has con- 192 HAND-BOOK OF CIVIL GOVERNMENT. trol of immense financial interests. Its Chairman is re- garded as next in honor to the Speaker of the House. 1698. How does the House of Representatives resolve itself into a Committee of the Whole ? The Speaker vacates the chair and another presiding offi- cer is appointed. 1699. What is the advantage of a Committee of the Whole? In a Committee of the Whole, the legislative body has an opportunity for free discussion, without the restraint of the regular rules of the body. 1700. How often are bills, introduced into either House of Con- gress, read? A bill introduced into either House of Congress is sup- posed to be read three times, and at each reading the House takes some formal action. If no objection be made, a bill may be read twice by its title, and then be referred or ordered to be printed. 1701. AVhen is a bill engrossed? When a bill has been reported back from the committee to which it was ordered to be referred, it is ordered to be engrossed and read a third time ; after which a vote is taken upon its passage. 1702. When is a bill enrolled? After having successfully passed both Houses of Congress, a bill is enrolled on parchment, and, after having been care- fully examined by a committee appointed for that purpose, it is signed by the Speaker of the House and the President of the Senate, and is sent to the President of the United States for his signature. State Governments. 1703. Name the original States. 1704. Name the admitted States. 1705. What is a State ? A State is a district of country with well-established boundaries, having a separate government, subordinate to the National Government, and confederated with other States, as one of the members or States of the American Union. 1706. What is a State Constitution? A State Constitution is an agreement or contract subor- dinate to the National Constitution, in which each member of the State binds himself to the whole, and the whole bind themselves to each one, that all shall be governed by certain laws and regulations for the common good. 1707. What is a Delegate ? A Delegate is a person appointed by a person or a number of persons to transact their business. 1708. What is a Convention? A Convention is an assembly of delegates organized for the transaction of business. 1709. How are State Constitutions adopted? State Constitutions are framed by a convention called for that purpose, and are adopted by the vote of the people. 1710. Can State Constitutions be amended? 17 N 193 194 HAND-BOOK OF CIVIL GOVERNMENT. State Constitutions usually provide for . their own amend- ment, and such amendments are generally proposed and passed by the State Legislature, and afterwards adopted by the people. 1711. What is the right of suflfrage? The right of suffrage is the right to vote. 1712. What is an Elector? Electors are those who have the right of suffrage. 1713. What are the qualifications of Electors? Electors must be twenty-one years of age, are generally required to be of the male sex, and must have resided within the State for a specified time. Aliens, criminals, idiots, lunatics, and paupers have no right to vote. There is gener- ally no property qualification, and nowhere any distinction of color. 1714. Why are States divided into districts, counties, and towns or townships ? States are divided into districts, counties, and towns or townships, for convenience and to secure a better exercise of political power. 1715. When are State elections held? State elections are generally held in October or Novem- ber. 1716. What are Inspectors of elections? Inspectors of elections are persons appointed by law to preserve order, regularity, and fairness in the business of elections. They are sometimes called judges of elections. 1717. What are polls? By polls are meant elections, or the place where electrons are held. Poll is a Saxon word which once meant a head, and now means a person. 1718. What is meant by challenging a vote ? If objection be made to the depositing of a vote on the score of age, residence, or citizenship, the vote is said to be challenged. 1719. What is meant by registration? STATE GOVERNMENTS. 195 Registration is the making of lists of those qualified to vote, to be referred to on election day. In this way much illegal voting is prevented. 1720. What is meant by canvassing votes ? The counting and comparing of votes after the closing of the polls is called canvassing the votes. The term is also sometimes applied to the examination or sifting of the opinions of voters before an election. 1721. How are candidates for oflB.ce elected in most of the States? In most of the States, candidates for office are elected by a plurality of votes. 1722. How are the powers of State Governments divided ? The powers of State Governments are divided into three departments — the legislative, executive, and judicial. These correspond in their definitions and functions to similar depart- ments of the National Government. 1723. How are the State Legislatures constituted ? The Legislatures of all the States are composed of two houses — a Senate and House of Representatives, sometimes known as the upper and lower houses, and together called the General Assembly. 1724. What is the general character of a State Senate? The State Senate generally consists of from twenty-five to fifty members, chosen by the people for one, two, three, or four years, sometimes divided into classes, apportioned among the different counties of the States, and elected by districts. 1725. What is the general character of a State House of Kepre- sentatives ? The State House of Representatives is also elective, con- sisting of from one to two hundred members, chosen by the people for a term of one or two years, apportioned among the different counties, and elected in districts. 1726. What are the general qualifications of members of the State Senate and House of Eepresentatives? Members of the State Senate and House of Representa- tives are required to be qualified electors, of a specified age, 196 HAND-BOOK OF CIVIL GOVERNMENT. and fixed terms of residence, differing somewhat in the vari- ous States. 1727. How often do the various State Legislatures meet? 1728. How are the State Legislatures organized? By the election of a presiding officer for each branch, usually called the Speaker, the Lieutenant-Governor gener- ally presiding over the Senate; a President pro tempore, a secretary or clerk, sergeant-at-arms, and other necessary minor officers. 1729. What is the usual manner of enacting laws in the State Legislatures? The manner of enacting laws in the State Legislatures corresponds in the main with that of the National Legisla- ture. Rules are adopted by each Legislature. The Gov- ernor recommends measures in his message, others are brought to the notice of the Legislature by petitions. Standing and special or select committees are appointed, and bills are read, discussed, and passed as in Congress, and the Governor has a limited veto. 1730. Into what two classes may the executive officers of the States be divided ? The executive officers of the States may be divided into two classes — those whose duties relate to the whole State, and who have their offices at the capital, such as the Governor; and those whose duties are limited to a portion of a State, and who have their offices in various districts, such as the sheriffs. 1731. What are the usual qualifications and powers of the Gov- ernors of States? Various qualifications of citizenship, residence, age, and in some States of property, are required of the candidates for the position of Governor of a State. Their powers are usually the veto power, the reprieving, commuting, and par- doning power, and the power of appointing various officers. The term of office is generally one, two, or four years. 1732. How are the Governors of States assisted in the performance of their duties ? STATE GOVERNMENTS. 197 The Governor of the State is usually assisted by such officers as the Secretary of State, Comptroller or Auditor, Treasurer, and Attorney-General. 1733. What was the origin of the county? 1734. What are municipal corporations ? 1735. What is a corporation ? 1736. What are the usual county officers ? 1737. Of what does the judicial department of the State consist? 1738. When was the Constitution of your State adopted ? 1739. Who is the Governor of your State ? 1740. How many members are there in each house of your State Legislature ? 1741. Who are the principal executive officers of your State ? 1742. How does the Governor of a State differ from the President of the United States ? 1743. How does the Governor of a State differ from a king ? > o o I. n. m. IV. Blackboard Exercise, No, XVII, The State Defined. Basis of State Government its Constitution. State Elections. 1. Legislative. a. Senate. 6. House of Kepresentatives. c. Governor.^ 2. Executive. a. Governor. h. Executive Officers. 3. Judicial : The Judges. Departments of State Government. V. Legislative. VI. Executive. VII. Judicial. I I 1. 2. 1. Meetings. 2. Organization, 3, Officers, 4, Proceedings. Officers, Qualifications. Powers. Assistants. Higher Courts. Lower Courts. * In most of the States. 17 CHRONOLOGY OF IMPORTANT POLITICAL EVENTS AND ACTS OF CONGRESS. Note. — The events arranged below exhibit the practical working of the Constitution down to the present time. By means of the numbers on the right, the pupil can easily refer each event to its appropriate clause in the Constitution. The history and political results of each event should be carefully investigated. DATE. CLAUSE. Government under new Constitution begun March 4, 1789 83 First Senate convened and classified. March 4, 1789 9 Washington inaugurated President April 30, 1789 60 Oath of office prescribed June 1, 1789 82 First Senators from New York took their seats ....July 26, 1789 9 President's salary made |25,000 September 24, 1789 59 First Ten Amendments proposed September 25, 1789 79 North Carolina Senators took seats November 27, 1789 9 Department of War established 1789 39 Judiciary organized 1789 34 Office of Attorney-General created 1789 43 Treason punished by hanging April, 1790 71 Mode of proving State Kecords provided May 26, 1790 72 District of Columbia ceded to United States July 16, 1790 42 First Census taken 1790 5 Two years' residence required for Naturalization 1790 29 First copyright law enacted ; terra, fourteen years..May 31, 1790 33 First patent-right law enacted April 15, 1790 33 Punishment of piracy defined to be death 1790 35 Naval rules adopted 1790 39 198 CHRONOLOGY. 199 DATE. CLAU8B. Scat of government moved to Philadelphia 1790 42 Legislative and Judicial seals required 1790 72 Congress made punishment of treason, death 1790 71 Vermont admitted as a State March 4, 1791 76 Public Debt, ^75,000,000 January, 1791 \ '^^ ao2 United States Bank chartered February 25, 1791 30 Duty on spirits distilled in United States March 3, 1791 26 First Ten Amendments ratified December 15, 1791 79 Time and place of voting of Pres. Electors fixed... Mar. 1, 1792 95 United States Mint established at Philadelphia.... April 2, 1792 30 Kentucky admitted as a State June 1, 1792 76 Uniform Militia established 1792 41 Law for calling forth the Militia 1792 40 Uniform Presidential Elections provided for 1792 56 Minister Genet recalled at Washington's request 1793 64 Act to enforce fugitive slave law February 12, 1793 75 Secretary of State authorized to issue patents 1793 33 Whiskey Insurrection in Pennsylvania 1794 \ Eleventh Amendment proposed March 5, 1794 76 Militia called forth August 7, 1794 \ ^^ ^ ' Uo Slave-trade to foreign countries prohibited 1794 44 Duties for protection imposed 1794 26 Jay's ti^aty ratified June 24, 1795 62 Five years' residence required for Naturalization 1795 29 Law for calling forth Militia amended 1795 40 Tennessee admitted as a State June 1, 1796 76 Stamp Duties imposed 1797 26 Eleventh Amendment ratified 1798 79 Fourteen years' residence required for Naturalization 1798 29 Alien and Sedition Acts passed 1798 < <84 Treaty with France declared void 1798 62 Rank of Lieutenant-General created 1798 39 Department of the Navy established 1798 38 Direct Tax levied 1798 5 Rank of General created 1799 39 First Bankrupt Law passed April 4, 1800 29 Seat of Government removed to Washington 1800 42 200 HAND-BOOK OF CIVIL GOVERNMENT. Alien and Sedition Acts expired by limitation Jan. 26, 1801 Public Debt, $90,000,000 1805 \ DATE. CLAUSE. Treaty with France September 30, 1800 62 29 84 Jefferson elected President by the House of Eeps 1801 55 Judiciary Act passed by Congress February 13, 1801 %Q War declared to exist with Tripoli June 10, 1801 36 West Point Military Acad, founded by Congress-March 16, 1802 37 Act to repeal internal taxes April, 1802 26 Rank of General abolished 1802 39 Five years' residence required for Naturalization 1802 29 Ohio admitted as a State November 29, 1802 76 Louisiana purchased from France April 30, 1803 76 First Bankrupt Law repealed 1803 29 Twelfth Amendment proposed 1803 79 Twelfth Amendment ratified 1804 79 Treaty of Peace with Tripoli ..June 3, 1805 62 27 102 Importation of certain goods from Great Britain prohibited, 1806 28 Cumberland Road constructed by Congress 1806 32 Embargo on American ships December 22, 1807 28 Aaron Burr tried for treason and acquitted 1807 70 Importation of slaves prohibited January 1, 1808 44 Commercial intercourse with Great Britain interdicted 1809 28 Embargo on American Ships repealed 1809 28 Louisiana admitted as a State April 8, 1812 76 War declared to exist with England June 19, 1812 36 61 40 Flogging in Army prohibited 1812 39 Internal taxes restored 1813 26 Direct Tax levied 1813 5 Office of Commissioner of Revenue established 1813 26 Hartford Convention December 15, 1814 84 Ghent Treaty of United States and Great Britain...Feb. 18, 1815 62 Direct Tax levied on District of Columbia February, 1815 5 War with Algiers March 3, 1815 36 Direct Tax levied • 1815 5 Militia called forth 1812 27 102 Direct Tax levied 1816 5 Public Debt, $127,000,000 1816 CHRONOLOGY. 201 DATE. CLAUSE. Second Charter of United States Bank 1816 30 Indiana admitted as a State December 11, 1816 76 Mississippi admitted as a State December 10, 1817 76 Alabama admitted as a State December 14, 1819 76 Florida purchased from Spain February 22, 1819 76 Missouri Compromise passed March 3, 1820 77 Slave-trade piracy, punishable by death 1820 35 Maine admitted as a State March 15, 1820 76 Missouri admitted as a State August 10, 1821 76 Monroe Doctrine concerning foreign relations ...Dec. 2, 1823 64 J. Q. Adams elected President by the House of Eep's 1825 95 Mail-carrying limited to free white persons 1825 32 Copyright term extended to twenty-eight years, with re- newal for fourteen more 1831 33 Nat Turner's slave insurrection in Virginia August, 1831 40 Nullification in South Carolina November 19, 1832 81 Deposits removed from the United States Bank.-October 1, 1833 30 Flogging for Army desertion allowed 1833 39 Charter of the United States Bank expired March 3, 1836 30 United States out of debt.... 1836 102 Patent-Office created 1836 33 Term of patent-rights extended 1836 33 Patent-Office burned 1836 33 Arkansas admitted as a State June 15, 1836 76 Michigan admitted as a State January 26, 1837 76 Vice-President Johnson elected by the Senate 1837 96 Associate Judges of Supreme Court extended to eight 1837 62 Second Bankrupt Law passed August 19, 1841 29 61 40 Eepresentative Districts established June 25, 1842 15 Ehode Island forms a State Constitution 1842 93 Second Bankrupt Law repealed 1843 29 Florida admitted as a State March 3, 1845 76 Texas annexed as a State March 1, 1845 76 Presidential election day fixed January 23, 1845 56 United States Naval Academy at Annapolis opened..Oct. 10, 1845 38 Smithsonian Institution established 1846 33 War declared to exist with Mexico May 13, 1846 36 Iowa admitted as a State ....December 28, 1846 76 AVilmot Proviso restricting slavery offered August 8, 1846 44 Dorr's Kebellion in Rhode Island 1842 202 HAND-BOOK OF CIVIL GOVERNMENT. DATK. OLATfSE. Virginia portion of District of Columbia receded 1846 42 Postage Stamps introduced 1847 32 Treaty of Peace with Mexico February 2, 1848 62 First National Convention of Free-Soil party August 9, 1848 84 Addition of California territory February 2, 1848 76 Wisconsin admitted as a State 1848 76 Patent-Office transferred to Department of Interior 1849 33 Department of the Interior established March 3, 1849 43 California admitted as a State September 9, 1850 76 Act to enforce fugitive slave law amended... September 12, 1850 75 Flogging in Navy abolished September 28, 1850 39 Stamped Envelopes first furnished 1852 32 Cession of Gadsden purchase from Mexico... December 30, 1853 76 Ostend Manifesto as to Cuba October 21, 1854 Missouri Compromise repealed May 24, 1854 Kansas-Nebraska Bill passed May, 1854 77 Treaty of Commerce with Japan 1854 62 Rank of Lieutenant-General revived 1855 39 Court of Claims established 1855 34 Registration of letters introduced 1855 32 Prepayment of letters required 1855 32 Two-thirds of a quorum pass bills over the President's veto.. 1856 24 Dred Scot Decision of U. States Supreme Court..March 1, 1857 Minnesota admitted as a State September 9, 1858 76 Oregon admitted as a State February 14, 1859 76 Copyright books transferred to Department of the Inte- rior..'. 1859 33 John Brown's Insurrection.. October 16, 1859 40 ( 78 South Carolina seceded December 20, 1860 < C81 Kansas admitted as a State January 29, 1861 76 Southern Confederacy formed at Montgomery, Ala...Feb. 4, 1861 51 Militia called forth April 15, 1861 | ^J Writ of habeas corpus suspended by the President-April 27, 1861 45 Confederate Congress met at Richmond, Va July 20, 1861 51 Income Tax levied August 5, 1861 26 Direct Tax levied on all States and Territories August, 1861 5 Seizure of Mason and Slidell November 8, 1861 87 ( 78 Constitution of West Virginia framed November 26, 1861 < CHRONOLOGY. 203 DATS. CLAUSE. C 97 Public Debt, $90,000,000 \'^^\\ ^* Flogging for Army desertion abolished 1861 39 United States mails withdrawn from the South 1861 32 C!ongress abolished slavery in the District of Columbia .... 1862 77 Constitution of West Virginia adopted May 3, 1862 \ ' ^ Homestead Lawpassed May 20, 1862 77 General scheme of internal revenue July 1, 1862 26 Iron-clad oath prescribed July 2, 1862 82 Soldiers admitted to citizenship without previous declara- tion 1862 29 Punishment of treason redefined July 17, 1862 71 Militia called forth August 4, 1862 \ ^^ (. 40 ( 7fi Division of Virginia ratified by Congress December 31, 1862 < Rank of Kear- Admiral and Commodore created 1862 39 Present Naval Rules enacted 1862 39 Emancipation Proclamation January 1, 1863 44 Act to establish National Banks February 25, 1863 30 Writ of habeas corpus suspended by Congress March, 1863 45 President authorized to suspend habeas corpus March 3, 1863 45 Associate Judges of Supreme Court extended to nine March 3, 1863 62 Militia called forth June 15, 1863 40 West Virginia admitted as a State June 20, 1863 76 Draft-Riot in New York City July 13-16, 1863 40 Amnesty Proclamation December 3, 1863 61 Free delivery of letters authorized 1863 32 National forces defined by Congress 1863 39 Homestead Law amended March 21, 1864 77 Bureau of Currency provided June 3, 1864 30 Fugitive slave law repealed June 28, 1864 75 Law punishing counterfeiting U. S. Securities June 30, 1864 31 Coastwise slave-trade prohibited July 2, 1864 44 Law providing salaries for postmasters 1864 32 Nevada admitted as a State October 31, 1864 76 Postal money-order system established 1864 32 Rank of Vice- Admiral created 1864 39 Thirteenth Amendment proposed...., February 1, 1865 79 204 HAND-BOOK OF CIVIL GOVERNMENT. DATE. CLAUSE. Electoral votes of States in rebellion not counted Feb., 1865 < ( 95 CJolor qualification of mail-carriers removed March 3, 1865 32 Thirteenth Amendment ratified December 18, 1865 79 Free delivery of letters in certain places required 1865 32 r 5 Representation in Congress denied to States in rebellion... 1866 X Civil Rights Bill passed 1866 99 Fenian Raids into Canada May 31, 1866 40 Fourteenth Amendment proposed June 16, 1866 79 Homestead Law amended... June 21, 1866 77 Time and manner of electing Senators regulated... July 25, 1866 15 President's power of removal from office limited 1866 62 Metric system of weights and measures legalized 1866 30 State Bank-Notes excluded from circulation 1866 30 Public Debt, $2,783,000,000.. 1866$ ^^ Regular Army organized 1866 39 Rank of General revived 1866 39 Rank of Admiral created 1866 39 Amnesty Proclamation January 19, 1867 61 Copyright books, etc., required to be sent to Librarian of Congress 1867 32 Nebraska admitted as a State March 1, 1867 76 Third Bankrupt Law passed March 2, 1867 29 Enrolling of negroes in Militia provided for March 2, 1867 41 Bureau of Education established March 2, 1867 43 Act regulating tenure of civil oflices March 2, 1867 62 Alaska purchased from Russia June 20, 1867 76 Iron-clad Oath modified July 11, 1868 82 Fourteenth Amendment ratified July 28, 1868 79 f 7 Impeachment of President Johnson 1868 j 13 Us Right of expatriation declared by Congress 1868 29 Naturalization treaty with Prussia and Bavaria 1868 29 Fenian violation of neutrality 1868 < •" MO Treaty with China.. 1868 62 Fifteenth Amendment proposed February 27, 1869 79 United States Judges' retirement act passed April 10, 1869 66 CHRONOLOGY. 205 DATE. CLAUSE. Associate Judges of Supreme Court reduced to eight 1869 62 Naturalization treaty with Belgium and Hesse 1869 29 ( 62 Circuit Judges created 1869 < V 66 Fifteenth Amendment ratified March 30, 1869 79 Fenian Kaids into Canada February 3, 1870 40 Naturalization Laws extended to Africans July 14, 1870 29 1-36 Alabama claims awarded by Joint Commission 1870-1 28 143 Northwestern boundary of United States defined 1870 62 Kegular Army reduced July, 1870 39 United States Bonds issued July, 1870 27 Department of Justice established 1870-| 34 i66 Naturalization treaty with Great Britain 1870 29 Naturalization treaty with Wurtemburg and Baden 1870 29 Law to punish crimes against Naturalization Laws 1870 29 Present Copyright law enacted, and records transferred to Washington July 8, 1870 33 Copyright books placed under control of Librarian of Con- gress 1870 33 Term of patent-right changed to seventeen years 1870 33 Written or printed ballots of Representatives in Congress required 1871 15 Ku-Klux Bill passed April, 1871 99 Treaty of Washington with Great Britain (war claims) June 17, 1871 62 Income Tax discontinued 1871 26 Naturalization treaty with Austria 1871 29 Territorial government established in the District of Columbia 1871 77 Geneva Tribunal on Alabama Claims met.... December 15, 1871 36 Representatives' election on Tuesday after first Monday in November 1872 15 San Juan boundary decided in favor of U. S.... October 21, 1872 62 Naturalization treaty with Sweden and Norway 1872 29 United States Statutes first revised and codified 1873 81 Franking privilege abolished 1873 32 Law punishing counterfeiting of coin passed February, 1873 31 18 206 HAND-BOOK OF CIVIL GOVERNMENT*. BATE. CLAU82. President's salary, |50,000 March 3, 1873 59 Public Debt, $2,162,252,338 1873 \ ^'^ Letter-carriers authorized 1873 32 Rank of Admiral and Vice- Admiral declared abolished, when vacant 1873 39 Act approving resumption of specie payments-January 14, 1875 30 Colorado admitted as a State = July 1, 1876 76 Law requiring uniform election of Representatives in effect 1876 15 Electoral Commission Act approved January 29, 1877 95 Joint Electoral Commission settled Presidential dispute... 1877 95 United States troops withdrawn from the South 1877 61 Third Bankrupt Law repealed 1878 29 Fishery Award to Great Britain 1878 28 Silver made a legal tender in payment of debts Feb. 21, 1878 30 Resumption of Specie Payments January 1, 1879 30 Treaty with China in relation to commerce 1880 62 Treaty with China in relation to immigration 1880 62 Apportionment of Representatives fixed at three hundred and twenty-five members 1882 5 Chinese immigration prohibited for ten years 1882 < Registration of trade-marks provided for 1882 29 Tenth Census published 1882 5 Lieutenant-Commander Sigsbee authorized to receive a decoration from Germany 1882 50 Bill to regulate carriage of passengers by sea 1882 28 \. m^^ TEST QUESTIONS AND RECREATIONS. 3j«i< Note. — The object of the following questions is to test the skill of the pupil in interpreting the spirit and meaning of the various clauses of the Constitution ; to secure a review of its leading principles ; and to en- courage original investigation upon constitutional and kindred topics. Answers to some of the questions will be found by reference to the ap- propriate clauses; other answers will be found in the "Chronology of Important Events ; " while a few must be sought in such works as "An- drews' Manual of the Constitution," "Story on the Constitution," etc. It is recommended that these questions be used as subjects for debates. 1. What power given to Congress by the Constitution is not exer- cised by it ? 2. What power given to the President by the Constitution has never been exercised by him ? 3. What is the only instance in the Constitution where the Govern- ment has a duty enjoined upon it, while the particular department is not mentioned ? 4. What three limitations to the power of amendment does the Constitution contain ? 207 208 HAND-BOOK OF CIVTL GOVERNMENT. 5. Which clause of the Constitution can never be repealed? 6. Why did President Arthur take the prescribed oath of office twice ? 7. Does the authority to command the army and navy necessarily belong to the Executive Department, or may the duties of the Presi- dent, as military head of the nation, be regarded as distinct from those devolving upon him as the chief magistrate ? 8. If the Senate or House of Representatives should punish one of its members for contempt, would the President have authority to par- don him ? 9. Can the President, by and with the consent of the Senate, make a treaty which can be construed so as to destroy the fundamental laws of the land ? 10. If a treaty be the law of the land, is it not as much obligatory upon Congress as upon any other branch of the government or the people at large ? 11. It is generally asserted that only in two or three cases has it been possible for our Presidents to live within their salary, and that in most cases their expenses have far exceeded it. If this be true, has the object of the Constitution been accomplished in granting them a compensation for their services ? 12. Before entering upon the duties of his office, the Vice-Presi- dent, like the President, is placed on oath or affirmation. Must he renew his oath in case he succeeds to the Presidency ? 13. It is said that the Cabinet of President Harrison proposed that Mr. Tyler should be styled " Acting President." Would this have been in accordance with the intention of the Constitution ? 14. If the President pro tempore of the Senate, or the Speaker of the House, should be called to the Executive chair, would he properly be called " Acting President " ? 15. When, in 1865, Congress sent the Amendment abolishing slavery to the reconstructed States of the South, it virtually recognized them as States. When, subsequently, (March 2, 1867,) Congress declared these States in a state of insurrection, did the act have a retrospective effect? 16. Was the Thirteenth Amendment duly ratified by three-fourths of the whole number of States as well as by three-fourths of the loyal States? 17. Have we ever had more than one Vice-President at the same time? TEST QUESTIONS AND RECREATIONS. 209 18. Mr. Foster was elected President pro tempore of the Senate while Andrew Johnson was yet Vice-President, and before President Lin- coln's death ; were there two Vice-Presidents during the forty days in which this continued to be the case ? 19. In case of the insanity, or other mental inability, of the Presi- dent, who would decide when the Executive was in a proper mental condition to resume the duties of his office ? 20. If the Vice-President assume the powers and duties of the President on account of his inability, and the President's inability should be removed, would the Vice-President have to give up the exercise of such powers and duties, or continue to exercise them for the remainder of the Presidential term ? 21. If Congress were allowed a discretionary power over the sal- ary of the Executive, how might the power be used to affect legis- lation ? 22. How does the President's salary compare with the sums allowed to the crowned heads of Europe ? 23. Alexander Hamilton was born in the West Indies, in 1757. Could he have been elected to the Presidency ? 24. Was Lafayette eligible to the office of President of the United States ? 25. Could a child born on ship-board, between Europe and the United States, ever become President of the United States ? 26. President Garfield was unable to discharge the powers and duties of his office between the 2d of July and the 19th of Septem- ber, 1881. Did the powers and duties of the said office devolve upon the Vice-President ? 27. Would the Vice-President become President if the Chief Magis- trate should become insane, or be kidnapped, or be taken prisoner in time of war? 28. Does the Constitution authorize the President to do anything which does not necessarily belong to him as Executive ? 29. Did the Constitutional Convention act wisely in reducing the length of the Presidential term from seven years to four, and in striking out the clause forbidding re-election ? 30. Is the election of the Electors of President and Vice-Pres- ident confided to the State Legislature in any one of the United States ? 31. Suggest a method of electing a President and a Vice-President 18^ O^ 210 HAND-BOOK OF CIVIL GOVERNMENT. which will be free from the objectionable features of the present mode. 32. Is the President in any sense the unbiassed choice of the people, or of the States, or merely the representative of a party ? 33. Is anything said in the Constitution about the power of Con- gress to emit bills of credit, or to make anything but gold and silver a legal tender ? 34. Have these powers been considered as belonging to and been exercised by Congress ? 35. May States pass laws operating upon future contracts between their own citizens ? 36. If a charter of a bank, which has been incorporated by a State, should prescribe the manner in which the bank should be taxed, could the State subsequently alter the mode of taxation ? 37. Is the charter of a college a contract which the Legislature of a State cannot annul or impair ? 38. What is the only way in which the President, Judges, Heads of Departments, Army and Navy Officers, and members of Congress can obtain their salaries? 39. Can any officer of the United States, without guilt, wear honors borrowed from foreign sovereigns, or touch for personal profit any foreign treasure ? 40. Can Congress authorize officers of the United States Govern- ment to receive presents from foreign powers? 41. A State may borrow money and issue bonds therefor. Are such bonds "bills of credit" in the constitutional sense? 42. Postage stamps are frequently used in the payment of small bills, especially when ordering by mail, articles whose value is less than a dollar. Are stamps so used "bills of credit" ? 43. What legislative construction given to the Constitution in 1789 was reversed in 1867, as a result of the estimate of the character of the Executive at the two different periods? 44. Suppose Great Britain had recognized the seceded States during the Civil War as an independent nation, what might have been the result? 45. Where would a person be tried who had robbed the mail, evaded the revenue laws, or counterfeited the coin of the coun- try? TEST QUESTIONS AND RECREATIONS. 211 46. Would conspirators who assassinated the President of the United States, while the country was in a state of war, and while the place where the crime was committed was under martial law, be entitled to a trial by jury? 47. Can forts, arsenals, dockyards, or other public works be a refuge for criminals, or persons trying to avoid State justice? 48. What clause could you take away from the Constitution without affecting any of its provisions ? 49. Is any express constitutional authority given to the United States Government to make contracts ? 50. Which clause in the Constitution did Patrick Henry speak of as the Sweeping Clause by which Congress was to overthrow the States? 51. From whom was the custom of the veto derived? 52. How many bills were vetoed by Washington.? Madison? Monroe? Jackson? Tyler? Polk? Pierce? Buchanan? Johnson? Grant? Hayes? Garfield? Arthur? 53. How many bills were passed over the veto of Tyler ? Pierce ? Johnson ? Arthur ? 54. Give an instance of the President's approval of a resolution where such approval was unnecessary. 55. What was the first case of indirect tax other than duties on imports ? 56. Can taxes be laid to aid foreign nations, or for purposes not national ? 57. When was an income tax first levied by our Government ? 58. Would it be economy for the nation to borrow money to de- velop the country by railroads ? 59. Can military and naval officers be impeached? Can persons not in office ? 60. How many regular terms has a Congress? How many ses- sions ? 61. Has Congress always met on the first Monday of Decem- ber? 62. How long is the first session of Congress usually? Second session ? Closes when ? Instances of three sessions. 63. How long was the Thirty -first Congress in session ? 64. The constitutional term of Congress ends at noon on the fourth 212 HAND-BOOK OF CIVIL GOVERNMENT. of March. Do the Journals of the two houses for that day bear the date of the third or the fourth of March ? 65. When was a bill first passed over the veto of the Pres- ident? 66. When was the English veto last exercised? 67. How can a State be unrepresented in the Senate ? 68. How did New York happen to be unrepresented in the Senate during the first few months of the First Congress ? How again in the Forty-seventh Congress? 69. Why did New York have no electors under the First Con- gress? 70. What objection would there be to allowing the Governor of a State to make contingent appointments for filling vacancies in the Senate ? 71. How is the qualification of inhabitancy of Senator open to criticism ? 72. Mention measures passed by means of the casting vote of the Vice-President. 73. What was the vote on President Johnson's impeachment? 74. Give the history of Blount's impeachment. Pickering's. Chase's, Peck's. Humphries'. Johnson's. 75. Has any capitation tax ever been levied by the United States Government ? 76. How was the direct tax of 1798 assessed? Was the tax then laid upon slaves a capitation tax ? 77. What is the meaning of the letters ss. appended to the name of the State and county in legal documents ? 78. If a foreigner makes his declaration of intention to become a citizen of the United States, and dies before the time to become naturalized, can his wife and children become citizens at that time on taking the necessary oath ? Why should the wife desire to ? 79. Who gives notice of a Senatorial vacancy to the Legislature of a State ? Suppose he delays ? 80. How can Senators agree to be absent from meetings of the Senate without afiecting their interests ? 81. By whose authority are our treasury notes and fractional cur- rency signed ? 82. With what Department is the "Bureau of Internal Kevenue" TEST QUESTIONS AND RECREATIONS. 218 connected? The " Bureau of Statistics " ? The Mint? Coast Sur- vey? Light-House Board? Signal Office? Bureau of Military Justice? Academy at West Point? Bureau of Yards and Docks? Equipment and Recruiting? [Navigation? Ordnance? Medicine and Surgery ? Provisions and Clothing ? Steam Engineering ? Con- struction and Repair ? Naval Academy ? 83. How are West Point Cadets supported ? Cadet Midshipmen at Annapolis ? 84. With what Department is the Patent-Office connected ? Census Office? Land Office? Indian Afiairs? Pensions? Public Build- ings ? Education ? 85. When did the Postmaster-General begin to attend Cabinet meetings? 86. What officer, without a " Department," has always been recog- nized as a member of the Cabinet ? 87. Are the " Departments " defined in the Constitution ? How are they established ? How many are there ? What are their " Heads " called separately and collectively ? 88. What are Government Bureaus ? 89. Who is regarded as the next person in importance to the Presi- dent? 90. Are the duties of the Secretary of State defined by law ? What are they ? 91. With what Department are Ambassadors and other PubUc Ministers connected ? 92. Has Prussia ever sent an Ambassador to a foreign government? 93. What are Envoys Extraordinary ? Ministers Plenipotentiary ? Ministers Resident ? Ambassadors? Commissioners? Charg^ d' Af- faires ? Secretaries of Legation ? Consuls ? Consul-General ? 94. Why does the Senate not have a Committee of Ways and Means ? 95. How many constitute a Standing Committee, usually, in the House ? In the Senate ? 96. What is meant by the House resolving itself into a Committee of the Whole? 97. How many times is a bill read in the House ? 98. How many Presidents have been elected for a second term ? For a third ? 214 HAND-BOOK OF CIVIL GOVERNMENT. 99. Is there any constitutional limit to the number of terms for which a President may be elected? 100. Washington's first term began March 4, 1789. He was not sworn into office till the 30th of April. Why ? 101. How are Congressional bills signed ? 102. Is there any provision in the Constitution, or by statute, for filling a vacancy in the office of Vice-President ? 103. Did we have any Vice-President in 1854? 1882? 104. Why is the presiding officer of the House of Representatives called the Speaker ? 105. What are the duties of the Speaker of the House of Repre- sentatives ? 106. If the Speaker of the House is acting as President of the United States, is he required to vote in case of ballot ? May he vote on other occasions ? 107. Who presides at the organization of the House of Representa- tives? 108. Is the Clerk of the House a Representative? 109. How are Committees appointed in the Senate and House of Representatives ? 110. Who are most vitally interested in an international copy- right, — publishers or authors ? Why ? 111. Upon what principle are the English and American copyright laws based ? 112. Does the Constitution recognize the absolute right of an author to control forever the publication of his work ? 113. Suggest a plan for expediting the transaction of business in Congress. 114. How does our House of Representatives compare with the British House of Commons in numbers? 115. Is an absolutely fair basis of representation in the House possible under our present system of apportionment ? 116. When was the franking privilege abolished? 117. What are the duties of the Vice-President? 118. A large number of women in Massachusetts, who are neither minors, paupers, criminals, lunatics, nor idiots, but responsible citizens and taxpayers, (those in Boston alone paying in a single year $1,448,- 479,) respectfully asked the Legislature of that State that they might TEST QUESTIONS AND RECREATIONS. 215 be allowed a voice in the form of municipal suflfrage. Was their re- quest a reasonable one? Prove it. 119. Has municipal suffrage been granted to women in Scotland ? In England? 120. In what part of the United States has full suffrage been granted to women, and been acknowledged for twelve years to be an unmixed benefit to the community ? 121. Is partial sufirage allowed to women in any of our States? 122. Are women allowed to hold office in any of our States ? 123. In not allowing women to vote, do we violate any principle which we fought to establish in the Bevolution and tried to secure in adopting the Constitution ? 124. The adoption of postal savings-banks was delayed because it was thought that the Government would injure private enterprise. Is the objection well founded ? 125. In the last three years about three hundred millions of gold and silver currency have disappeared from circulation. If postal savings-banks were opened, is it likely that this hoarded sum would flow into them? 126. Under what circumstances can a small minority of the Grand Jury prevent the finding of a true bill ? 127. In our Congress members of the Executive branches of the government cannot be Senators or Representatives. Is this true in the British Parliament ? 128. Can a tax collector, by law, collect a tax from a foreigner who has been in this country six years, but has not taken his naturalization papers out yet ? 129. What is the present amount of our national debt? 130. Is an amendment to the Constitution necessary before the right of suffrage can be extended to women ? 131. Are the essential requisites of voters indicated in the Consti- tution ? 132. Does the right to vote imply the right to be voted for ? 133. Are Chinamen allowed to be naturalized? 134. Have we any Japanese voters ? 135. Has any act of amnesty ever been passed which removed the disabilities of Jefferson Davis? 216 HAND-BOOK OF CIVIL GOVERNMENT. 136. Why do we sometimes hear of " long " and " short" Senatorial terms? 137. Is it necessary for a man born in a foreign land, but who has lived in this country since he was three years old, to take out natural- ization papers in order to vote ; and, if so, what is the proper course to pursue? 138. When an Amendment to the Constitution has been proposed by two-thirds of both Houses of Congress, is the approval of the President necessary ? 139. If a State rejects an Amendment a hundred times, and then ratifies it, does the ratification count just the same as though it had been made on the first vote ? 140. In a time of rebellion, is a ratification of a proposed Amend- ment by the Legislatures of three-fourths of the loyal States sufficient to make the Amendment valid? 141. Is the moral influence of the Constitution in favor of universal sufirage ? 142. How were the States which seceded from the Union regarded by the National Government during and immediately after the Re- bellion ? 143. How were the seceded States after the Civil War reconstructed and restored ? 144. What was necessary before the Articles of Confederation could be altered or amended ? 145. Have two-thirds of the Legislatures ever applied to Con- gress to call a Convention for the purpose of amending the Con- stitution ? 146. How many modes are there of proposing amendments ? How many modes of ratification ? 147. Who pays the expenses connected with the arrest and delivery of a fugitive from justice who is found in another State ? 148. Which Amendment settled a question which caused more dis- turbance in our government than all other questions combined ? 149. Does the Constitution define a republican form of govern- ment? 150. Would it have been the duty of the United States to protect each State against invasion and domestic violence, if there had not been a special provision to that eflfect inserted ? 151. Which Amendment defines the word citizen f TEST QUESTIONS AND RECREATIONS. 217 152. Is every citizen of a State also a citizen of the United States ? 153. Can a man be a citizen of the United States and not a citizen of any particular State ? How ? 154. Can a citizen leaving one State and coming into another claim any rights and privileges which were peculiar to the State which he left? 155. Describe the "Civil Rights Bill." Why was it proposed? How was it passed? When did it become a law ? 156. Was the emancipation of a slave exactly equivalent to the naturalization of an alien or foreigner ? 157. What is extradition ? 158. Show that the powers of the Courts are judicial and not •political. 159. If a State should vote to ratify an amendment to the Con- stitution, and then withdraw its ratification, which vote must be counted ? 160. Since the organization of the Supreme Court, how many acts of Congress have been pronounced void for unconstitutionality? Give a history of each case. 161. Where are crimes committed on the high seas tried? 162. Can there be any conviction in our courts unless the jury are unanimous ? 163. Is the word citizen defined in the original Constitution ? 164. Why was the fourteenth amendment adopted? 165. Which Amendment relieved the dignity of the States and weakened the power of the national judiciary to do justice to the citizen ? 166. Can a citizen of one of the Territories or of the District of Columbia bring a suit in a United States Court ? 167. Can Congress limit or obstruct the power of the United States Courts? 168. Can Congress alter or amend the Constitution? 169. Can Congress repeal or amend their own statutes ? 170. Prove that the legislative power of Parliament is broader than that of our Congress, and, as a consequence, that the province of the British Courts is narrower than that of ours. 171. " The National Courts, which are open to the citizens of every X9 218 HAND-BOOK OF CIVIL GOVERNMENT. State, and even to aliens, are, notwithstanding, closed against a por- tion of the citizens of the United States." Explain how this is. 172. Can a direct suit be brought against the United States, either by a citizen or a State, without the authority of an act of Con- ;? 173. How may claims be made against the United States ? 174. Are officers of the General Government liable to be sued for acts performed in the regular discharge of their official duties ? 175. What is meant by judicial jurisdiction ? 176. Can Congress establish more than one Supreme Court? 177. Does the power to establish post-roads give Congress the power of making internal improvements ? 178. Ought the electric telegraph to be managed by the Govern- ment ? 179. Is there any danger of a conflict between civil and military courts in time of war ? 180. Has Congress power to levy a direct tax upon the District of Columbia and the Territories ? 181. K the President pro tempore of the Senate, or the Speaker of the House, should be called upon to act as President, he would act till a new President could be elected. When would such special election be held? 182. Why was the Eleventh Amendment adopted ? 183. Has any effi3rt ever been made to secure an international coinage? 184. What is the " Metric System " ? Has it been legalized in this country ? 185. About how many postmasters are appointed by the President ? How many by the Postmaster-General ? 186. How does the amount of money paid for the transportation of mail compare with the sum paid in salaries to postmasters ? 187. What are the present rates of postage ? 188. What were the postage rates between 1792 and 1799? 1799 and 1816? 1816 and 1845? 1845 and 1851? 1851 and 1863? 189. When was the law " that no other than a free white person shall be employed in conveying the mail " repealed ? 190. Who regulated the value of coin under the Confederation ? TEST QUESTIONS AND RECREATIONS. 219 191. Is it likely that a change in the relative values of gold and silver will make another change necessarv in our coinage before many years? 192. In what year was silver made a legal tender for only five dollars? 193. What is the difference, at the present time, between the real and nominal value of the silver coins ? 194. If Congress did not regulate the value of foreign coin, who would ? 195. Does the Constitution mention the issuing of "bills of credit" among the powers of Congress ? 196. Does the Constitution authorize Congress to make Treasury notes, or gold and silver, a legal tender ? 197. When was a stringent law passed by Congress to punish crimes against the naturalization laws ? 198. If there is a national law of bankruptcy to the contrary, could a State release a debtor from debts already incurred, or pass laws affecting the citizens of other States ? 199. What allowance was made to the debtor adjudged bankrupt by the law of 1800 ? 1841 ? 1867 ? 200. What proportion of creditors was compelled to give their assent to the discharge of a debtor by the law of 1841? 201. How are bankrupts treated in England and France? 202. Distinguish between a legal and a moral obligation. 203. Has any State extended the right of voting to persons of foreign birth not naturalized ? 204. Can aliens hold real estate in the United States ? 205. What disabilities does naturalization remove, and what rights and privileges does it confer ? 206. Can the President and Senate naturalize whole communities, without reference to the sections of the act prescribing the rule of naturalization ? 207. Has the power to establish a uniform rule of naturalization exhausted the power of Congress over the subject ? 208. When Texas, with all its people, was admitted into the Union, were the naturalization laws violated ? 209. Is an Indian tribe a foreign nation ? 220 HAND-BOOK OF CIVIL GOVERNMENT. 210. Does the admission to citizenship of those who have been sub- jects of other governments imply the right of expatriation ? 211. Have we any law expressly declaring the right of expatria- tion? 212. Have any treaties been made by the United States in which provision has been made for the mutual naturalization of citi- zens? 213. When did naturalization cease to be restricted to whites in the United States ? 214. Does the National Government exercise a practical control over the States, in respect to the political rights to be conceded to persons not natives of the country ? 215. Can the bonds of the United States be taxed, even if the bonds themselves contain no stipulation to that effect ? 216. Has Congress, under the power to " regulate commerce," ever prohibited American merchant vessels from leaving port ? 217. Has Congress ever passed an act to prohibit the importation of certain goods from any specified foreign country ? 218. When did Congress interdict commercial intercourse between the United States and Great Britain and France? 219. Can any of the States or individuals purchase lands from the Indians ? 220. Upon what three things have direct taxes usually been laid ? 221. Why was a direct tax levied in 1861 ? 222. How many of the loyal States and Territories assumed the payment of the direct tax laid in 1861 ? 223. Is the owner of a gold watch required to pay a tax ? 224. What taxes are required to be uniform ; and what kind must be in proportion to the population of the State ? 225. When were United States Bonds first generally purchased by the people ? 226. Why were the names seven-thirties, ten-forties, jive-twenties, etc., given to certain United States loans ? 227. Can a summons be served on a Senator or Eepresentative while on his way to or from the seat of government ? 228. How long is it since the sovereign of Great Britain has exer- cised the veto power ? TEST QUESTIONS AND RECREATIONS. 221 229. Has Congress ever levied a general tax on all the property of the country ? 230. Which State Constitution prohibits poll taxes, and requires that all property shall be taxed equally ? Ohio's. 231. How has the General Government usually derived its reve- nues ? 232. How many times was a direct tax iaid previous to 1860 ? 233. Is the Constitution itself a Bill of Rights? 234. Is any distinction to be made between the people and the government in the United States ? 235. The Senators from Ohio took their seats in 1803. One of them was placed in the first class and the other in the third. When did the term of each expire ? 236. How is a Congress measured ? 237. When a vacancy is temporarily filled by Executive appoint- ment, how long does the Senator thus appointed hold his office ? 238. Are Senators and Representatives bound by the " instructions" of those who elect them ? 239. If Rhode Island and North Carolina had refused finally to ratify the Constitution, what would have been their relations to the United States ? 240. How many Amendments have been proposed by Congress? How many have been ratified by the requisite number of States ? 241. By whose authority were the Amendments appended to the Constitution, as a series of distinct provisions, instead of being incor- porated into the text? 242. In whose interest was the Bill of Rights excluded from the original Constitution? 243. Are the States prohibited in the Constitution from having an established religion ? 244. Has any efibrt ever been made to introduce a religious test as a qualification for office under the United States ? 245. Has any attempt ever been made to secure an express recog- nition of God in the Constitution ? 246. Were the Articles of Confederation ever regarded as anything more than a provisional Constitution ? 247. Did the people, in whose name the Declaration of Indepen- 19* 222 HAND-BOOK OF CIVIL GOVERNMENT. dence was made, on the fourth of July, 1776, have anything to do with the Articles of Confederation ? 248. What State sent no delegate to the Convention that framed the Constitution ? Why ? Did it afterwards adopt it ? 249. When the tenth article of Amendments was under consideration in Congress, there was an effort made to insert the word " expressly " before "delegated." If the effort had been successful, what effect would it have had upon the interpretation of the Amendment ? 250. Is it true that, because certain rights are admitted as belong- ing to the people, all other rights are surrendered to the Govern- ment? 251. The ratification of nine States was sufficient for the establish- ment of the Constitution. How many States would be required to abolish it? 252. Is an Amendment to the Constitution binding upon a State which does not give its assent ? 253. What State rejected the Constitution and afterwards adopted it? 254. Does the Constitution prevent a State from applying a religious test to its own officers ? 255. Give the date of the adoption of each amendment to the Constitution. 256. To what clause in the Constitution was Delaware indebted for its representation in Congress in 1860 ? 257. If each State had, at the present time, one Eepresentative for every thirty thousand inhabitants, how many members would i\\Q House of Kepresentatives contain ? 258. Are the privileges of citizenship derived from the States or from the National Government ? 259. Has any State the right to become an asylum for crimi- nals? 260. While an oath is obligatory upon all officers. State and Na- tional, there is no provision in the Constitution empowering Con- gress to pass a law enjoining the oath. How has this difficulty been met? 261. What is known as the "Iron-clad oath"? How has it been modified from time to time ? 262. When is an affirmation accepted instead of an oath? TEST QUESTIONS AND RECREATIONS. 223 263. Has the United States Government a constitutional right to acquire territory ? Give proofs. 264. How many times do the words "slave" and "slavery" occur in the Constitution ? 265. Where are import duties required to be paid ? 266. Is Congress compelled to admit new States ? 267. Can Congress compel the people of a Territory to become a State? 268. Can Congress dispose of a State ? 269. Would Congress have had the power granted in Article 4, Sec- tioH III., Clause 2., if the clause had not been inserted in the Consti- tution? 270. Does the Constitution anywhere authorize the General Govern- ment in express terms to enlarge the national domain by purchase, conquest, annexation, or any other mode ? 271. The Ordinance for the Government of the Territory north- west of the Ohio Kiver was passed in 1787, while the Convention which framed the Constitution was in session. Was the Ordinance binding after the Constitution was adopted ? 272. How was the power of the General Government to make all needful rules and regulations for the Government of Territories called in question in 1856? 273. Can the people of a territory prevent Congress from organiz- ing a territorial government ? 274. When a citizen of a State goes to reside in a Territory, does he carry with him his civil rights. That is, has he any longer a voice in the election of President, member of Congress, or the Governor of the Territory ? 275. As a Territory is not compelled to become a State, can a State be compelled to remain a State ? 276. Is there such a thing in our governmental system as a State out of the Union ? 277. The various acts of Congress had nothing to do with the slave-trade as between the several States. How was that matter regulated ? 278. What clause in the Constitution enables parents to get control of their children when illegally held in custody by others ; and also provides a way by which sane persons may be set at liberty who are confined under pretence of insanity ? 224 HAND-BOOK OF CIVIL GOVERNMENT. 279. Does the Constitution determine whether the right to suspend the writ of habeas corpus belongs to Congress, or to the President, or both? 280. Would a law abolishing imprisonment for debt be an ex post facto law, even though it should apply to past contracts ? 281. Where has the Constitution conferred on Congress, or any other department of Government, any distinct power to suspend the writ of habeas corpus f 282. How is it evident that the framers of the Constitution supposed that Congress might wish to pass bills of attainder and ex post facto laws? 283. Would a judgment rendered in Ohio, and held to be conclu- sive there, also be conclusive in New York ? 284. W^hy were the first ten Amendments adopted ? 285. In the Fourteenth Amendment the States are prohibited from doing what the Fifth Amendment prohibits. If the Fifth applies to the State governments, what need of the same prohibitions in the Fourteenth ? 286. Is it treason to conspire to levy war against the United States ? 287. " During the late civil war, two steamers belonging to a steam- ship company had been seized for the rebel service. Subsequently, payment was offered for them to the agent of the company, when he was informed by the Government that acceptance of payment from the rebels would be treated as an act of treason against the United States." W^hy was this treason ? 288. Are mutilated coins counterfeits? 289. Can the son of a public minister, born in England, be Presi- dent of the United States? 290. Can a men make an article that is patented for his own indi- vidual use without being compelled to pay a royalty to the owner of the patent ? 291. Have we any National Bankrupt Law at the present time? 292. Can colored people sue for damages under the Fifteenth Amendment unless they can prove citizenship? 293. Has Alaska any organized government ? 294. A., B., and C. are candidates for an office, and receive respect- TEST QUESTIONS AND RECREATIONS. 225 ivelj 30, 25, and 24 votes. Was there an election of either candidate by an absolute majority of all the votes cast ? Was there an election by a plurality ? 295. Is it necessary for a man born in a foreign land, who has lived in this country since he was three years old, to take out naturalization papers in order to vote ? 296. In our Congress, members of the Executive branches of the Government cannot be Senators or Eepresentatives. Is this so in the British Parliament ? 297. Can the President pro tempore of the Senate delegate a Senator to take his place, which can only be filled by an election by the Senate ? 298. " My father came to this country from Scotland, accompanied by his family, in 1873. He took out his naturalization papers about a year ago (1882). In the meantime I have attained my majority. Can I vote on the strength of coming into the country under age? Or must I apply for naturalization papers myself?" 299. Could 60,000 Chinese laborers be brought through this country from Cuba to China, or vice versd, as the law now stands? 300. It has been suggested that the people of the whole Union should vote directly for President and Vice-President, with judicious safeguards for the determination of the legal vote of each State, and declare the men elected who receive the highest number of votes. What is the objection to this method ? 301. Mr. Garland proposed a bill in the Senate to provide for the Presidential succession, as follows: "In case of the removal, death, resignation, or inability of both President and Vice-President of the United States, the Secretary of State, for the time being ; or, if there be no Secretary of State, then the Secretary of the Treasury, for the time being ; or, if there be neither Secretary of State nor Secretary of the Treasury, then the Secretary of War, for the time being, shall act as President, until the disability be removed or a President be elected in the manner and at the time provided in the Constitution and laws, or, in case there be no occasion under the law for an election, until the existing term of office of the President so removed, resigned, dead, or disabled shall have expired." Criticise this bill. 302. A bill was proposed and passed in the House of Eepresenta- tives, Feb. 6, 1882, that no territorial delegate should be entitled to a seat in the House who is guilty of bigamy or polygamy. The P 226 HAND-BOOK OF CIVIL GOVERNMENT. Mormon religion sanctions polygamy. Is this bill in effect a religious test? 303. Who signs death-warrants in the District of Columbia? 304. If General Grant had a son born in England while traveling there, would that son be eligible to the office of President of the United States? 305. Would the son of an American Consul, born while his parents were abroad, be eligible to the office of President of the United States ? 306. What is the Smithsonian Institution ? 307. Is any express provision made in the Constitution for electors of the Vice-President ? 308. Does the Constitution provide for the compensation of the Vice-President ? An Explanation of Legal Terms AND Phrases. »>•« Accomplice. One of several impli- cated iu a felony or crime, but not necessarily present at its com- mission. Acknowledgment. The declaration or avowal of one's signature, or of the validity of a document to which one's name is signed. Act. A decree of a court of justice or edict of a legislature ; a statute, a law. Administrator. One who takes legal charge of the property or estate of a person dying intestate, and is accountable for the same. Administratrix. A female admin- istrator. Admiralty. The power of oflficers appointed for the administration of naval affairs ; a board of na- val commissioners ; a jurisdiction which takes cognizance of naval or of maritime affairs. Affidavit. A declaration on oath in writing, sworn to before some person who has authority to ad- minister it. Affirmation. A solemn '^«»claration answering to an oath, made by Friends, Moravians, and others, under penalties of perjury. A fortiori. "With stronger reason ; with greater probability. Agency. The office or business of a person acting for or in- trusted with the business affairs of another. The person so acting is called the agent ; the one acted for is called the principal. Alias. Otherwise called. An as- sumed name. A second or further writ issued after the first capias or judicial writ commanding the sheriff to take or arrest a party named. Alibi. The plea of a person who, to prove himself innocent of an offence or crime, alleges that he was elsewhere, or at another place, at the time the act was committed. Alien. A .foreigner who is a resi- dent or subject ; or one born in a foreign country, and never nat- uralized. Alimony. An allowance to which 227 228 HAND-BOOK OF CIVIL GOVERNMENT. a married woman is entitled, upon a legal separation from her hus- band, when she is not chai-ged with adultery or an elopement. Allegiance. The fidelity or obedi- ence which a citizen or subject owes to the government or sov- ereign. Ambassador. A public minister of the highest rank sent on pub- lic business from one sovereign power to another. Amnesty. An act of oblivion or indemnity; a general pardon or freedom from penalty granted to those guilty of some crime or offence. Apprenticeship. A relation estab- lished by a written agreement, by which a minor, with the consent of his parents, agrees to serve as a servant in some trade or em- ployment for a certain term of years. Appurtenances. Minor rights or ])roperty connected with real es- tate, such as door.-keys, etc. Arbitrator. A disinterested per- son, to whose judgment or deci- sion matters in dispute are sub- mitted by the consent of the parties concerned. An umpire, or referee. Arrest. A seizure of a person or persons in execution of some legal process. Arrest of Judgment. An order of a court directing that no judg- ment be rendered in a case, on account of an error of law in the proceedings. Arson. The act of voluntarily and maliciously burning the house of another. Articles of Confederation. The form of government adopted by the States for their union during the Revolution, and remaining in force until the present Consti- tution was adopted. Assassin. One who kills, or at- tempts to kill, by violence and treachery or secret assault. Assault. An attempt by violence to do corporal injury to another. If the person be actually touched, it is battery. Attachment. An apprehension by virtue of precept or writ, differ- ing from an arrest, inasmuch as it lays hold of the goods as well as the person. Attainder. Corruption of blood, or extinction of civil rights, in con- sequence of being condemned for a capital crime. Bail. A release of a prisoner on security for his appearance in court ; the person or persons who give the security ; the sum given as security. Bailable. A crime or offence is said to be bailable, when the party is entitled, after arrest, to be dis- -charged on giving bail. Bail-bond. A bond given by a prisoner to insure his appearance in court. Bailee. The person to whom goods are delivered in trust or under se- curity. Bailor. One who bails or delivers goods in trust. Ballot. A little ball, a slip of paper. LEGAL TERMS AND PHRASES. 229 or anything which is used in giv- ing a secret vote. Bankrupt. One who has been de- clared by a court to be unable to pay his debts. Bequest. Something left by will ; a legacy. Bigamy. Marriage with a second while still possessing a first hus- band or wife. Bill, A formal complaint, in writ- ing, to a court of justice; as, a hill in equity ; a hill of indict- ment by a grand jury ; a record, or written statement of proceed- ings in an action ; as, a hill of ex- ceptions; a written statement of the terms of a contract, or speci- fication of the items of a demand or counter-demand; as, a hill of exchange; 2i hill of sale ; a hill of credit; a bill of particulars; a draft of a proposed act presented to a legislature ; a proposed or pro- jected law. Bill of Credit. Paper issued by the authority of a State on the faith of the State, and designed to cir- culate as money. Bill of Exceptions. A formal state- ment in writing of exceptions taken to the opinion, decision, or direction of a judge, delivered dur- ing the trial of a cause. Bill of Particulars. A written speci- fication of the particulars of the demand for which an action at law is brought, or of a defendant's set-oflf against such a demand. Bill of Rights. A formal declara- tion in writing of popular rights and liberties, usually expressed in the form of a statute, and pro- mulgated on occasions of revolu- tions, or the establishment of new forms of government, or new con- stitutions. Bona fide. In good faith. Bond. A writing of obligation, under seal, to pay a sum, or to perform a contract. Bribery. The crime of taking or giving bribes, or of offering or receiving a reward in order to in- fluence action in any office, or to bias a voter in an election. Burglary. The crime of breaking open, and entering the dwelling- house of another, in the night, with intent to commit felony, whether the purpose be accom- plished or not. Cabinet. The collective body of men who direct the government of a nation, or who are the consti- tutional advisers of the chief exec- utive officer of a State or nation. Capital crime. A crime punished by death. Capital punishment. A punish- ment that takes away life. Census. The numbering or count- ing of a people, and the valuation 20 of their property, made in this country every ten years. Charter. A written instrument con- ferring certain privileges or rights. Check. An order for money on a bank or banker. Client. One who employs an attor- ney or counselor. Codicil. An addition or supple- ment to a will. 230 HAND-BOOK OF CIVIL GOVERNMENT. Commission. A document or writ- ing investing one with authority in oflfice, especially the warrant by which an officer is empowered to take possession and perform the duties of a particular office for which he is named. Concurrent. Acting together. As- sociated. Having the same right or claim ; equal in authority ; as, concurrent jurisdiction. Confederation. A league ; an alli- ance. The States united by a common agreement. Confiscation. The transfer of pri- vate property to public use. Congress. A meeting of delegates or representatives to enact laws, and consult upon matters of com- mon interest. A national legisla- ture. Consanguinity. Relationship by blood, or by descent from a com- mon ancestor. Consideration. What is given, done, or promised, as the cause or reason for which a person en- ters into an agreement. Consignee. The persons to whom articles of merchandise, or a ship and cargo, are consigned, or es- pecially directed. Consignment. The act of consign- ing. Delivery. The goods or property sent. Consignor. The person who makes a consignment. Conspiracy. A combination of per- sons for an evil purpose, espe- cially a plot against a government. Constable. An officer charged with the preservation of the peace, and with the execution of warrants issued by justices of the peace and other magistrates. Constituent. A person who deputes another to act for him, especially in political matters. Constitution. The body of funda- mental laws, as contained in writ- ten documents or established by prescriptive usage, which consti- tute the form of government for a nation. State, community, asso- ciation, or society. Consul. An officer commissioned to reside in a foreign country, chiefly for the purpose of pro- tecting the interest of such of his fellow-citizens as have commer- cial relations with that country, and keeping his own country in- formed concerning matters of trade affecting the public welfare. To these duties are sometimes added those of a diplomatic char- acter, in the absence of an am- bassador or other political agent. Continental Congress. A congress of delegates from the States dur- ing the American Revolution. It was called Continental in con- tradistinction to the Provincial Congress of single States. Contraband. Illegal traffic. Arti- cles, the importation or exporta- tion of which is prohibited by law. Contract. An agreement or cove- nant between two or more per- sons, based on a consideration, promising to do, or refrain from doing, certain things which are not prohibited by law. Conversion. An appropriation of property ; one of the grounds of an action to recover the value of personal goods or chattels wrongfully converted by another to his own use. LEGAL TERMS AND PHRASES. 231 Conveyance. The act of transfer- ring property from one person to another. The instrument by which the transfer is made. Convict. A person found guilty of a crime by a competent court. Conviction. Proving guilty of a crime by the verdict of a jury and the judgment of a court. Copartner. One connected with another in the transaction of business. A sharer. Copartnership. Joint concern in any business or property. Copyright. The exclusive right allowed by law to an author, or to his representatives, of printing, publishing, and selling a literary composition during a certain period of time ; applied, also, to a similar exclusive right to print and publish maps, charts, prints, cuts, engravings, and musical compositions. Coroner. An officer whose duty is to inquire, by a jury of proper persons and upon the view of the dead body, how any casual or violent death was occasioned. Corporation. A body of men cre- ated by law for the transaction of business, and endowed with the capacity of perpetual succes- sion. Corporator. A member of a cor- poration. Counsel. An advocate or lawyer, authorized by law to give advice and aid in legal proceedings. The advice and aid so given. Counselor. A person authorized by law to give legal advice, and I to conduct cases in court. Court. A judicial tribunal com- posed of one or more judges who are authorized to hear cases. Covenant. A mutual promise in writing, sealed and executed, be- tween two or more persons, to do or forbear doing a specific act or specific acts ; a promise by deed. Covenantee. The party covenanted with. Covenantor. The party who makes the covenant. Crime. An ofience against the laws of the land to which there is a penalty attached. Criminal. A person guilty of a crime. Crown. A word used as the equiv- alent for king, sovereign, or reign- ing monarch. D. Days of Grace. Notes and bills payable by their terms on a fixed day are not really due until the third day thereafter. These days are called days of grace. If the last day of grace fall on Sunday or a legal holiday, it is due the day before. Debt. A sum of money due. Debtor. One who owes a debt. Declaration of Rights. A declara- tion published by the Continental Congress, October 14, 1774. Decree. The judgment of a court of equity or admiralty, answering to the judgment of a court of common law. An edict of a ruler or body of men in authority, hav- ing the force of a law. Deed. An instrument in writing 232 HAND-BOOK OF CIVIL GOVERNMENT. upon paper or parcliment, be- tween parties able to contract, and duly sealed and delivered. Defaulter. One deficient in his accounts, or who fails to appear in court when called for. Defendant. The party against whom a suit is brought in court. Defense. A denial by the defend- ant of the truth or validity of the plaintiff's complaint; the answer made by defendant to the plain- tiff's action, by demurrer or plea at law ; that which is done by the defendant to embarrass, delay, or defeat a plaintiff's action. Demise. The conveyance of an estate either in fee, for life, or for a term of years ; a lease. Demurrer. An issue between a plaintiff and a defendant on a matter of law, importing that the objecting party will not proceed, because no sufiicient statement has been made on the other side, but will wait the judgment of the court whether he is bound to an- swer. Deponent. One who makes a depo- sition ; one who gives, under oa<:h , testimony which is reduced to writing ; one who makes oath to a written statement. Deposition. The act of giving tes- timony on oath, which is reduced to writing and signed, to be used afterwards on the trial of a cause. Descent. Transmission by succes- sion or inheritance. Devise. The disposition of lands or other real property by will. Devisee. The person to whom the devise is made. Devisor. The person who makes a devise. Disfranchisement. Depriving of the rights of citizenship, such as voting or holding office. Divorce. The dissolution of a mar- riage contract. Domicile. An abode or permanent residence. Donation. A gift. Donee. The party to whom a gift is made. Donor. The person who makes the gift. Dower. That portion, usually one- third, of a man's lands and tene- ments to which his widow is entitled, after his death, to have and to hold for the term of her natural life. Duress. The state of compulsion or necessity in which a person is induced, by the restraint of his liberty or menace of bodily harm, to execute a deed, or do any legal act, or commit a misdemeanor. E. Edict. An order issued by a sov- ereign to his subjects. Ejectment. A species of mixed action for the recovery of the pos- session of real property, and of damages and costs, for the unlaw- ful detention of them. Expul- sion or dispossession. Elector. One who has the right of voting. A voter. Embargo. The prevention of the sailing of vessels from a port by LEGAL TERMS AND PHRASES. 283 order of government, generally on account of war or danger. Embezzlement. The appropriation to one's use or benefit of property or money intrusted to him by another. Endowment. Permanent provision for the support of a person or an institution. Equity. Right or justice as con- templated by the law of nature. Estate. The title or interest which a man has in his lands or tene- ments. Eviction. The depriving one of lands which he has in posses- sion. Excise. A tax levied upon various commodities of home consump- tion which are produced in the* country. Execution. The act by which pos- session is given of body or goods ; the writ which empowers an offi- cer to carry out a judicial sen- tence. Executor. The person to whom is intrusted the carrying out of the provisions of the will of a tes- tator. Fealty. Fidelity to one's govern- ment or sovereign. Allegiance. Fee. An estate of inheritance of which the holder has the entire disposal without condition, and which is transmissible to his heirs. Felon. One who has committed a crime punishable by death or im- prisonment. Felony. A crime which occasions the forfeiture of lands or goods, or both, and for which a capital or other punishment may be in- flicted according to the degree of guilt. Fine. A sum of money imposed by a court for the commission of a crime. Foreclosure. The process of tak- ing away the power of redeeming a mortgage. Forgery. The act of fraudulently making, counterfeiting, or alter- ing any record, instrument, reg- ister, stamp, note, etc., to the prejudice of another's right. Franchise. A certain privilege or exemption bestowed by grant from the government, and vested in individuals. Fratricide. A murderer of a bro- ther or sister. Fraud. Deliberate deception for the purpose of obtaining unfair and unlawful advantage in busi- ness matters. Freehold. An estate in land or other real property, held by a free tenure for life, or for some uncertain period; frank tene- ment. Freeholder. The owner of a free- hold. G. Government. Control exercised by the administration of laws. 20* Grant. A transfer of property by a deed or writing. 234 HAND-BOOK OF CIVIL GOVERNMENT. Grantee. The person to whom a grant is made. Grantor. The person who makes a grant. Guardian. One appointed to have the custody of the person or prop- erty of an infant, or of a person incapable of directing his own aflfairs. The infant or person is called a ward. H. Heir. One who is entitled to the possession of any property after the death of the owner. One to whom anything descends by in- heritance, as distinguished from an alienee or a devisee. Homestead. One's dwelling-place with the adjoining land. I. Illegal. Contrary to law. Inalienable. That cannot be trans- ferred. Inchoate. Not complete or fin- ished. Informer. One who gives intelli- gence of the violation of some law or regulation. Inheritance. Right or property transmitted by the operation of law. Injunction. A writ granted by a competent court, or the judge thereof, commanding a specific thing to be done or refrained from. Inquest. An official examination in causes civil or criminal. Insolvency. Inability to pay one's debts. Insurgent. One who rises in open rebellion against the established government of his country. Intestate. Without a will, or with- out one made in due form of law. Judge. One who is invested with authority to determine questions at issue in a court of law, either civil or criminal. Judgment. The sentence of the law pronounced by the court upon any matter contained in the record, or in any case tried by the court. Judicial. Relating to, practised in, proceeding from, or issued by a court of justice. Judiciary. Pertaining to courts of justice. The branch of the gov- ernment that interprets the laws and administers justice. Jurisprudence. The science of law. Jurist. One versed in the law of the land. Juror. One who serves on a jury. Jury. A body of men summoned and sworn in court to inquire into the facts of a cause, and give a verdict accordingly. Jury-box. The place where the jurymen sit. LEGAL TERMS AND PHRASES. 235 Landlord. An owner of houses or lands leased to tenants. Larceny. Stealing. Lease. The temporary letting of real estate by the owner to an- other. Legacy. A gift of personal prop- erty by will. Legal. Permitted by law. Legatee. One to whom a legacy is made. Legislator. One who assists in making laws for a country. Legislature. The body of men who enact or repeal laws. Lessee. The person to whom prop- erty is leased. Lessor. One who leases property to another. Levy. The seizure of property on execution or tax warrant. To raise or collect. Lien. A legal claim on property, for which the property is liable. Litigant. One engaged as a party in a lawsuit. Litigation. A legal contest between parties in a court. Lunacy. The condition of an in- sane person who has lucid inter- vals, which formerly were sup- posed to depend upon the phases of the moon. Lunatic. One afflicted with lunacy. M. Magna Charta. The great charter granted by King John, and con- firmed by Edward III,, of Eng- land, which solemnly recognized certain enumerated rights, privi- leges, and liberties as belonging to the people, and which have ever since been incorporated in their constitution. Majority. The full age required by law to manage one's own busi- ness affairs. The part of any number which is greater than the other part, or than the sum of all the other parts ; more than half. Malefactor. One who is guilty of the commission of a crime. Malfeasance. The doing of what one ought not to do. Malicious. With wicked and un- lawful intentions. Manslaughter. The unlawful kill- ing of a man, though without malice or deliberate intention — either voluntarily, as in a sudden quarrel, or involuntarily, but in the commission of some unlawful act. Marshal. One whose duty is to serve the processes of the United States courts, and to do such things as usually devolve on the Sheriffs of State courts. Minor. A person of either sex under twenty-one years of age. Misdemeanor. An indictable crime less than a felony. Misfeasance. A trespass. Misnomer. The use of a wrong name, or mistaking the true name of a person. Misprision. Neglect or light ac- count of a crime. Mortgage. A conditional convey- ance of a property, usually as a security for the payment of a debt. 236 HAND-BOOK OF CIVIL GOVERNMENT. Mortgagee. The person to whom a mortgage is given. Mortgagor. One who makes a mortgage. Murder. The killing of a human being deliberately and mali- ciously, and with intent to eflfect death. N. Nation. The whole people of a country united under one gov- ernment. Native. One born in a place or country. Naturalization. The process by which an alien becomes a citi- zen. Negotiable. Transferable from one to another, with or without endorsement. Neutrality. Of neither side nor party ; particularly, the state of a nation which takes no part in a war between other nations. Nonsuit. A failure to follow up a cause; a relinquishment of a cause on the part of the plaintiff at the trial either voluntarily or by the order of the court. Note. A written promise to pay a certain sum of money at a speci- fied time. Nuisance. That which incom- modes or annoys. Nuncupative. Oral or verbal. o. Oath. An affirmation, declaration, or promise, made by calling on God to witness what is said, with sometimes an invoking of his wrath, or a renunciation of his favgr, in case of falsehood. Obligation. A bond with an an- nexed condition and a penalty for non-fulfilment. Obligee. The person to whom an- other is bound. gives a Obligor. The one who bond to another. Offence. An open violation or transgression of the law. Officer. Onelawfully invested with a civil or military office. Ordinance. A rule, law, or regu- lation established by authority. Outlaw. One excluded from the benefit, aid, or protection of the law. Pardon. Remission of a fault or crime, or of the penalty of a crime. An amnesty is a general pardon to a large number. Parliament. The supreme legisla- tive assembly of Great Britain and Ireland, consisting of the House of Lords and the House of Commons. Partner, One who shares with an- other in business transactions. Partnership. An association formed by contract between two or more persons for joining their money, LEGAL TERMS AND PHRASES. 237 labor, or skill in lawful business, the profits to be divided and the loss to be borne by the partners in certain proportions. Passport. Official authority to travel from place to place, by land or water, especially in for- eign countries. Patent. A grant made by the gov- ernment or sovereign of a coun- try, to some person or persons, of some privilege, property, or au- thority, or of the exclusive right to some new invention, discovery, or improvement. Patentee. The party who is the grantee of a patent from the gov- ernment. Pauper. A poor person supported by alms, or by public provision. Pawn. Something given as a secu- rity for the repayment of money borrowed, or for the fulfilment of a promise. Pawnee. One who receives a pawn. Pawnor. The person who deposits a pawn. Peer. An equal ; of the same rank. The word is ordinarily applied to the nobility of Great Britain. Penalty. Punishment, whether in property or in person, imposed by law or by a judicial decision. Pension. An allowance from a government for services rendered. Perjury. Knowingly swearing falsely to matters material, when a lawful oath has been adminis- tered, and the person has sworn to tell the truth, the whole truth, and nothing but the truth. Plaintiff. The party who brings a suit against another, for redress of some private wrong or breach of contract. Plea. The defence of the defend- ant in any suit, in denial or avoidance of the matter charged by the plaintiff. Pleadings. In actions at common law, allegations of the plaintiff or defendant. In equity, formal, written allegations or statements, of either party in a suit, to main- tain or defeat it. Plurality. A person is said to have a plurality of votes who has more votes than any other single can- didate for the same office. A person is said to have a majority of votes who has a larger number than all the other candidates have, adding all their other votes together. Policy. A writing or instrument containing acontract of insurance. Prima Facie. Literally, upon the first view or appearance. It is commonly applied to cases of evidence or presumption, where the meaning is to be taken to be sufficient to prove certain facts, until other evidence or presump- tions are introduced to control it. Prosecutor. One who institutes a suit in a court of law or equity. Pro tempore. For the time being. Punishment. A penalty inflicted by a court upon a criminal. Real. Fixed, estate. permanent, as R. real Realty Permanent, fixed, and im- movable property, as real estate. 238 HAND-BOOK OF CIVIL GOVERNMENT. Keceiver. One appointed by a court of chancery or equity to take possession of the property of a defendant, or property in litigation, and to hold the same and apply the profits, or dispose of the property itself, under the direction of the court. Referee. One to whom matters in dispute are referred for decision. An umpire. Release. A surrender in proper form of some claim or right. Rent. That which is paid for the use of houses or lands. Replevin. The name of a process at law for recovering possession of goods or chattels which have been wrongfully retained. Reprieve. A postponement or sus- pension of an execution, for a specified time, by the proper au- thority. Reversion. The return of an estate to the giver or his heirs, after the grant is determined. Salvage. A compensation for sav- ing or preserving a vessel or its cargo from wreck or loss. Sergeant-at-Arms. The officer of a legislative body who serves pro- cesses, hunts up absent members, and executes the orders of that body. Sheriff. The chief civil officer of a county, specially entrusted with the execution of the laws and the preservation of the peace. Slander. A false statement about another which injures him in his reputation or business ; such as a charge that he had been guilty of a crime, or has a malignant disease, or any falsehood which he can prove has injured him. Solicitor. An attorney in a court of equity. Solvency. Ability to pay all one's debts. Statute. An act or law passed by a legislature. Subpoena. A writ commanding the attendance, or appearance, of a witness, or a party in court, be- fore a judicial officer, under a penalty in case of disobedience. Suit. The prosecution of a claim or demand in a court of justice. Summons. A writ or process by which an action is commenced, the defendant being thereby sum- moned to appear in court to an- swer the plaintiff. Surety. One who becomes respon- sible for another. Surrogate. An officer who has jurisdiction in granting letters testamentary and letters of ad- ministration, and other matters relating to the settlement of the estates of testators and intes- Tenant. One who has possession or occupation for the time being of lands or houses. Tender. An offer of a sum of money in satisfaction of a debt or claim, by producing and showing LEGAL TERMS AND PHRASES. 239 the amount to the creditor, or party claiming it, and express- ing verbally a willingness to pay it. Tenure. The manner or mode of holding an estate or office. Testator. One who leaves a valid will at death. Testatrix. A female testator. Testimony. The statements of a witness under oath or affirma- tion. Title. That which gives a right or claim to ownership. Treason. An attempt to overthrow the government to which one has sworn allegiance, or giving aid to others who make the attempt. Trespass. A wrong or injury done by one man to another, or to his property or rights. Trustee. One who holds or is in- trusted with property for the benefit of another. u. Unalienable. That cannot be trans- ferred or released. Usury, A premium paid or prom- ised for the use of money beyond the rate of interest charged by law. V. V. Often put for versus, against. Thus, a suit is said to be by A versus B. Verdict. The unanimous decision made by a jury and reported to the court on the matter lawfully submitted to them in the course of the trial of a cause, whether civil or criminal. Veto. A Latin word meaning J forbid. Viva Voce. By the living voice, or orally. Void. Of no legal or binding force whatever. Vote. An expression of one's choice or will. Voter. One who votes. "Ward. A person under the charge of a guardian; a minor under guardianship. Warrant. An authority to do some judicial act. Warrantee. The person to whom land or other property is war- ranted. Warrantor. The person who makes a warranty. Warranty. An undertaking or stipulation in writing,or verbally, that a certain fact, in relation to the subject of a contract, is, or shall be, as it is stated or prom- ised to be. Will. An instrument making dec- laration of the manner in which a person desires his property to be disposed of after his death. Witness. A person who testifies in court, on oath or affirmation, as to his knowledge of the facts in issue between the parties. Writ- A judicial instrument by which a court commands some act to be done by the person to whom it is directed. Books for Reading and Reference. story on the Constitution. Jameson's Constitutional Convention. Brownson's American Republic. Pitkin's Political and Civil History of the XJ. S. Journal of the Continental Congress. Towle's Analysis. Farrar's Manual of the Constitution. The Federalist. Martin's Statesman's Year-Book. Elliot's Debates. Tiffany's Treatise on Government. Gillet's Federal Government. The American Almanac. Teaman's Study of Government. Bowen's Constitution of England and America. PaschaFs Annotated Constitution. Curtis's History of the Constitution. Fisher's Trial of the Constitution. Skinner's Issues of American Polities. Frothingham's Rise of the Republic. Andrews' Manual of the Constitution. Young's Government Class-Book. Townsend's Analysis of Civil Governnnent. Hart's Constitution. Martin's Civil Government. Nordhoff 's Politics for Young Americans. Journal of Congress. McPherson's Hand-Books of Politics. Sterne's Constitutional History of the U. S. Johnston's American Politics. Scott's Development of Constitutional Liberty. Bancroft's History of the Formation of the Con- stitution. Madison Papers. Rawle on the Constitution. 240 Model Text-Books CHASE & STUARTS CLASSICAL SERIES. COMPRISING A First Latin Book, fA Latin Grammar, A Latin Reader, Ccesar's Commentaries, First Sioc Books of Mneid, Virgil's Mneid, Virgil's Eclogues and Georgica, Cicero's Select Orations, Horace's Odes, Satires, and Epistles, Sallust's Catiline et Jugurtha, Cicero Be Senectute, et Be Amicitia, Cornelius J^epos, Cicero Be Officiis, Cicero's Tusculan Bisputations, Cicero de Oratore, Juvenal, Terence, Tacitus, Ovid. Livy. SERIES OF TEXT-BOOKS ON THE ENGLISH LANGUAGE By JOHN S. HART, LL.D., Late Professor of Rhetoric and of the English Langttage in /Ae College of New Jersey. The Series comprises the following volumes, viz.: Language Lessons for Beginners, Elementary English Grajmnar, English Grammar and Analysis, First Lessons in Composition, Composition and Rhetoric, A Short Course in Literature, A Class-Booh of Poetry, A Manual of American Literature, A Manual of English Literature* >o5«ioo. THE MODEL SERIES OF ARITHMETICS. By EDGAB A. SINGER, A.M., Principal of the Henry W. Halliwell Grammar School, Philadelphia, COMPRISING The Model Primary Arithmetic, The Model Elementary ArithmetiCf The Model Mental Arithmetic^ The Model Practical Arithmetic, The Model Test Arithmetic. In Preparation. 2 I Elements of Physical Geography. By Edwin J. Houston, A.M., Prof, of Physics and Physical Geography in the Central High School of Philadelphia. Easy licssons in Natural Philosophy. For Children. By Prof. Edwin J. Houston, A.M. Intermediate Lessons in Natural Philosophy. By Prof. Edwin J. Houston, A.M. Elements of Natural Philosophy. For Schools and Academies. By Edwin J. Houston, A.M. Christian Ethics ; or. The Science of the life of Human Duty. A New Text-Book on Moral Science. By Eev. D. S. Gregory, D.D., President of Lake Forest University, Illinois. Practical Logic ; or. The Art of Thinking'. By Rev. D. S. Gregory, D.D. Groesbeck's Practical Book-Keeping Series. By Prof. John Groesbeck, Prin. of the Crittenden Commer- dal College. In Two Volumes, viz. : College Edition, for Commercial Schools, Colleges, &c. School Edition, for Schools and Academies. "We hare prepared a series of Blank Books for writing out the exer- cises in both Editions of Groesbeck's Book-keeping, or for those that prefer it, we can furnish foolscap paper, of the best quality, ruled for the following books, viz. : Day-Book, Ledger, Cash-Book, Bill-Book, Journal, Three Column Day-Book, etc. Sample sheet of each will be sent by mail on receipt of fifteen cents. The Constitution of the United States. For Schools, with Questions under each Clause. By Prof. John S. Hart, LL.D. Should be taught in every school. An Elementary Algebra. A Text- Book for Schools and Academies. By Joseph W.' Wilson, A.M., Professor of Mathematics in the Philadelphia Central High School. The Crittenden Commercial Arithmetic and Business Manual. New Edition, Dec, 1882. Designed for the use of Teachers, Business Men, Academies, High Schools, and Commercial Colleges. By Prof. John Geoesbeck. A Manual of Elocution and Reading. Founded on Philosophy of the Human Voice. By Edward Brooks, Ph.D., Prin. of State Normal School, Millersville, Pa. The Model Definer. A Book for Beginners, containing Definitions, Etymology, and Sentences as Models, exhibiting the correct use of Words. By A. C. Webb. The Model Etymology, Containing Definitions, Etymology, Latin Derivatives, Sen- tences as Models, and Analysis. With a Key containing the Analysis of every word which could present any difficulties to the learner. By A. C. Webb. A Manual of Etymology. Containing Definitions, Etymology, Latin Derivatives, Greek Derivatives, Sentences as Models, and Analysis. With a Key containing the Analysis of every word which could present any difficulties to the learner. By A. C. Webb. The Model Speaker. Consisting of Exercises in Prose and Poetry, Suitable for Reci- tation, Declamation, Public Readings, etc. Compiled for the use of Schools and Academies, by Prof. Philip Lawrence. First Lessons in Physiology and Hygiene. By Charles K. Mills, M.D. Anatomy, Physiology, and Hygiene. A Text-Book for Schools, Academies, Colleges, and Families. By Joseph C. Martindale, M.D. First Lessons in Natural Philosophy. For Beginners. By Joseph C. Martindale, M.D, A Hand-Book of Literature, English and American. By E. J. Trimble, Prof, of Literature, State Normal School, West Chester, Pa. A Hand-Book of Mythology. By S. A. Edwards, Teacher of Mythology in the Girls' Normal School, Philadelphia. A Hand-Book of Civil Government. By Thomas D.SrrPLEE,A.M., Head-Master of Harcourt Place School, Gambler, Ohio. 3000 Practice Words. By Prof. J. Willis Westlake, A.M., State Normal School, Millersville, Pa. Contains lists of Familiar Words often Mis- spelled, Difficult Words, Homophonous Words, Words often Confounded, Rules for Spelling, etc. It is a book that every teacher wants. Handsomely bound in flexible cloth, crimson edges. •4 In the School-Koom ; Or, Chapteks in the PhiIOSOPHY of Education. Gives the experience of nearly forty years spent in school-room work. By John S. Hart, LL.D. Meadows' Spanish and English Dictionary, In Two Parts : I. Spanish and English ; II. English and Span- ish. By F. C. Meadows, A.M. The Model Pocket-Register and Grade-Book. A Koll-Book, Kecord, and Grade-Book combined. Adapted to all grades of Classes, whether in College, Academy, Seminary, High or Primary School. Handsomely bound in fine English cloth, bevelled sides, crimson edges. The Model School Diary. Designed as an aid in securing the co-operation of parents. It consists of a Record of the Attendance, Deportment, Recita- tions, etc., of the Scholar for every day. At the close of the week it is to be sent to the parent or guardian for his examina- tion and signature. The Model Monthly Report. Similar to the Model School Diary, excepting that it is intended for a Monthly instead of a Weekly report of the Attendance, Recitations, etc., of the pupil. The Model Roll-Book, No. !• The Model RoU-Book, No. 2, The Model Roll-Book, No. 1, is so ruled as to show at a glance the record of a class for three months, allowing five weeks to each month, with spacing for weekly, monthly, and quarterly summary, and a blank space for remarks at the end of the quarter. The Model Roll-Book, No. 2, is arranged on the same general plan, as regards spacing, etc., excepting that each page is arranged for a month of five weeks ; but, in addition, the names of the studies generally pursued in schools are printed immediately following the name of the pupil, making it more convenient when it is desirable to have a record of all the stud- ies pursued by a pupil brought together in one place. 49^ Specimen Sheets sent by Mail on application. The Teacher. A Monthly Journal devoted to the interests of Teachers, Schools, and the Cause of Education in general. Subscription price, 50 cents per annum. Specimen copy sent free. 5 Manuals for Teacherst A Series of Hand-Books comprising five volumes, which it i? believed will prove a valuable contribution to the art and sci- ence of Teaching. Printed on the best quality of calendered paper and handsomely bound. 1. On the Cultivation of the Senses. 2. On the Cultivation of the Memory. 5. On the Use of Words, 4. On Discipline. 6. On Class Teaching. We shall be gratified to have teachers correspond with us. We oflfer some of the best of Modern Text-Books, and shall be glad at any time to make liberal arrangements for the introduction of our books, or to exchange for others that do not give satisfaction. Send for our catalogue, and for descriptive circulars of any of our books of which you desire information. Please address ELDRBDGB & BROTHER, 17 North Seventh Street, PHILADELPHIA. r\ \ '*t-»' % i C'*' m^-' '-■^'ie^ ':^s J^-^ ty^^- 4 y%.' p- •-.-^ it " ^- v. 4- , r-'i^' .*f: >. 5^% ^ ^M -ri ^4 ■<\ n ' «,.