LIBRARY OF CONGRESS, Chap Copyright No Shelf.Ii<^^ 1 —1:54 UNITED STATES OF aI^ERICA. THE CIVIL G-OVERNMENT OF THE UNITED STATES. A TEXT-BOOK, FOR THE USE OF ALL SCHOOLS IN WHICH THE SUBJECT IS TAUGHT. AND A BOOK OE REFERENCE. REALISED. WILLIAMS & ROGERS, PUBLISHERS. Rochester, N. Y. ' 1898. Chicago, III. ^ 16280 COPTRIGHT, 1889 and 1898, BY WiixiAMS & Rogers. 0CT8-1b96 j) E. R. ANDREWS, pklbfTER AND BOOKBINDER, 1893. PEEFACE. A new educational work, should, in itself, plainly indicate the excuse for its existence. Especially is this true of a text- book upon Civil Government, since the subject has been already so well treated in the various works now in daily use. Probably no one at this time doubts the propriety of giving* the study of Civil Government a prominent place in our schools. Some of the pupils in the school rooms to-day will, in a few years, be occupying public positions of responsibility and power; and while these may be comparatively few in num- ber, yet in this country every citizen has political duties to perform, and should therefore be familiar with the plan and workings of the government which imposes them. Hence it remains only a question as to the manner in which the sub- ject may be most effectively presented for the purposes of instruction. Those who, as teachers, have heard their classes in Civil Government complain that the subject was dry and uninterest- ing, need only consult their own recollections to know the justice of such complaints. It certainly is not possible to in- vest the subject with the charms of romance, or give it the thrilling interest of a History of the Crusades or the Conquest of Mexico. But it has seemed possible for a text-book upon Civil Government to be made so readable that it will invite and hold the attention of the pupil, instead of being the passive object of compulsory study. To accomplish this has been the aim in the preparation of this work. Our government being representative, the popular will con- trols, through these channels of representation, the intermediate political subdivisions, and finally asserts itself in the power of the Federal Goverment. It seems, therefore, that the study of this subject in its natural order should commence with the iii « ly PEEFACE. township, and follow tlie principle of representation to its widest application. This method has been ^^nrsued in this work. ' It is impossible, within the limits of a work of this kind, to enter into the details of all the j^eculiarities arising under the constitutions and laws of the different States, although much attention is given to those branches of the subject. It is pre- sumed, however, in all cases, that the teacher will be familiar with the organization and government of his own State and its subdivisions, and these should be considered in connection with the text, the resemblances noted, and the differences particularly pointed out. In this connection particular atten- tion is called to the tables of the appendix, which are especi- ally designed to stimulate inquiry and comparison. One of the chief means employed in this attempt to make a readable book is simplicity — simplicity both in manner and diction. And this quality, it is believed, will do much toward making the work useful in instruction and attractive in study. CONTKNXS. I. INTRODUCTORY. ^'*'^^- 1. Government in General 2 2. Forms of Government 5 11. COLONIAL GOVERNMENT. 1. The Three Forms of Government __ 10 2. Causes of the Revolution 14 3. Successive Steps to Union 18 III. REVOLUTIONARY GOVERNMENT. 1. Steps TO Revolution .22 2. Declaration of Independence 23 3. Origin and Ratification of the Articles of Con- federation 24 IV. GOVERNMENT OF THE CONFEDERATION. 1. Nature and Defects of the Articles of Confed- eration 25 2. Development and Ratification of the Constitution, 29 V. GOVERNMENT UNDER THE CONSTITUTION. 1. Territory of the United States... 33 2. Public Lands 37 3. State Governments. 1. Coustitutions and Electors 41 2. Nominations 47 3. Elections 54 4. TheTownship 59 5. The County, City and Village . _ 64 6. The Legislative Department 69 7. The Executive Department 79 8. The Judicial Department 83 9. Taxation. -_ 95 10. Education --- 99 11. Public Institutions _ 104 4. National Government. 1. The Legislative Department. 1. Congress in General 108 2. The House of Representatives 112 3. The Senate... 122 4. EJ ections and meetings of Congress 129 5. Powers and Privileges of the Houses 135 6. Mode of Passing Laws.. --- --- 140 v Yl CONTENTS. PAGE. 7. Powers Granted to Congress. _ 146 8. Prohibitions Upon the United States 166 9. Prohibitions Upon the States 172 2. The Executive Department. 1. Term of Office and Election of the President and Vice-President _ 176 2. Qualifications, Salary and Inauguration of the Pres- ident and Vice-President _ 184 3. Executive Powers of the President... 188 4. The Subordinate Executive Departments 195 3. The Judicial Department. 1. Federal Courts 210 2. Jurisdiction of Federal Courts 215 3. Treason 219 4. Miscellaneous Provisions. 1. Relations of the States 221 3. Territories. 224 3. Admission of New States 226 4. Amendment of Constitution 228 5. National Debts 228 6. Supremacy of National Law 228 7. Oath of Office 228 5. Amendments to the Constitution _. _ 229 APPENDIX. Declaration of Independence /248 The Ordinance op 1787 251 State Governments 259 State Elections 260 State Legislature 266 The Governor and other State Officers 272 Presidents of the United States 282 INDEX 283 IIvIvUSTRATPIONB. National Capitol 33 Hall of the United States House of Representatives 113 United States Senate Chamber 123 Congressional Library .__ 157 Executive Mansion, Washington, D. C 189 United States Supreme Court Chamber 211 CIVIL GOVERNMENT OF THE UNITED STATES. First Lksson. GOVERNMKNT IN GENERAL. I. ILLUSTRATION. When tlie white men first penetrated the wilderness west of the Hudson Riyer, they found the coun- try peopled by warlike savages, who apparently gave little heed to the authority of their chiefs. But upon fuller acquaintance with them, it was discovered that they were bound together in a strong organization, that came to be known as the Great Iroquois League. When first known this league comprised five different branches or nations of the Indian race; but after- ward it absorbed a sixth nation, and hence is generally referred to as the Six Nations. Each one of these nations was made up of a number of tribes, each with its own chief or sachem. There were fifty of these sachems, all equal m rank and authority, and they met together in councils to regulate the affairs of the League. One council Avas called a Civil Council, and transacted all business growing out of their relations with other tribes; another was called a Mourning Council, and assembled at the death of a chief to install his successor; while a third, or Eeligious Council, had charge of all religious observances. These laws and customs were so old that the people themselves had no tradition of a time when they did not exist. This was government. The League itself was a government. Each nation was a government, and so indeed was each tribe. These Six Nations bore nearly the same relation to each other, and to the League, as do our States to each other and the National Government. It has even been suggested that this fact may have given the idea of our government to its founders. 2 CIVIL GOYEKNMENT OF THE UNITED STATES. II. Definitions. The word government, in its largest use, means the exercise of authority. We shall use it, how- ever, in its political sense only, as the organized power by which a state or nation is ruled. The word civil is derived from the Latin word civis, mean- ing citizen; hence, civil government is the power that regulates the rio-hts and duties of citizens toward each other and toward the government itself. The jjolitical hocly and hody politic are terms applied to the whole body of people united under one government. III. Origin of Government. The gods of the ancients. represented their ideas of supreme authority. The idols of the heathen possess for them the highest administering power. And the people of many nations worship one Supreme Being, who is vested with absolute control. The chief quality ascribed to all these objects of worship is government. It is impossible to imagine a state of existence earlier than the Infinite Kuler. It is impossible, therefore, to antedate divine government. But who first thought of human government? How did the body politic originate? are questions which natur- ally arise in the study of government. Monarchs were not born monarchs, but were crowned. Presidents were not born presidents, bat were elected. All men alike come into the world helpless and possessed of no authority. Who, then, first gave to anyone the right to rule over his fellow men? Different men have answered this question by advancing different theo- ries, viz. : 1. The Theory of Divine Right — that God directly authorized government, by giving to the head of the family, not only the authority of the father over his own children, but also the power of a religious teacher and civil ruler over all of his descendants. 2. The Theory of Force — that government simply had its origin in the natural tendency of the strong to control the weak. 3. The Theory of Sociability — that men's social natures - fitted them to live in communities, and they soon discovered \ GOVERNMENT IN CxENERAL. 3 that there would be endless strife and confusion, unless there existed a supreme power to regulate their intercourse with each other. IT. NECESSITY OF GOTERNMENT. Man is a social being- his desire is to dAyell in communities; and few races have ever existed so low in the scale of humanity that they cannot be said to have thus lived. But man is also selfish by nature; the vicious and depraved are found in every community; and were it not for the iron hand of the law to hold them in' check, no man would be safe either in person or property. The strong would oppress the weak; righf and justice would yield to might and cunning; and crime could receive no punishment except through personal revenge. There must, therefore, be laws to regulate the relations between man and his fellow-men; and there must be a power strong enough to make, execute and enforce these laws. This power IS government. T. Objects OF GtOVERNMENT. All government has three objects : 1. To protect from enemies without. 2. To establish justice within. 3. To promote the general welfare. The accomplishment of the first aim is essential to the self-preservation of the body politic. This necessity has been recognized by all governments, and, up to this time, military organization has been the chief means depended upon. As civilization progresses, however, war is giving place to treaties and courts of arbitration, as more humane methods of main- taining justice among nations. The second aim involves the protection of each citizen in the exercise of his natural rights to ''life, liberty, and the pursuit of happiness." This second task, also, has been undertaken, to a greater or less extent, by all governments. Courts of justice are a typical means for its accomplishment. To attain the third object the government must create those conditions and offer those opportunities which will make it possible for the greatest number of its citizens to enjoy most 4 CIVIL GOVERNMENT OF THE UNITED STATES. freely the natural rights above mentioned. This last object has not always been consciously striven after by governments, but every day it is coming to be more clearly recognized, which is shown by the various means adopted by all the more ad- vanced governments to promote the welfare of their people. Among these means there are none more important than free educational op23ortunities. YI. DEPARTMENTS OF GOTERNMENT. The entire work of government is accomplished through the exercise of three powers; 1. Legislative, or law-making. 2. Executive, or law-enforcing. 3. Judicial, or law-interpreting. These three j^owers may all be exercised by one individual or body of individuals, or they may be distributed among different ones, thus forming the several departments of gov- ernment. Experience has shown that no one person or body of i3ersons can make, execute and interpret the laws of a people, without sinking the government into tyranny and mis- rule. It follows, then, that the distribution of these powers marks a high point in the course of political advancement; and in fact, wherever this division has been carried out, there the greatest measure of liberty and prosperity has existed. However, human ingenuity has thus far never been able to wholly separate the exercise of these powers; and it is generally believed that a free government requires a sufficient inter- mingling of the departments for each to act as a check on the others, without ever being a hindrance to the exercise of law- ful powers. FORMS OF GOVERNMENT. Sbcond I^ksson, KORIVES OF^ GOVKRNIVIKNT. I. CLASSIFICATION. With few exceptions, political writ- ers have agreed in placing all forms of government under three general classes, viz. : 1. Moi^ARCHY, or government by one individual. 2. Aristocracy, or government by a few select individuals. 3. Democracy, or government by the people. Aside from those governments which are purely monarchial, aristocratic or democratic, many varieties of government have existed; some of them combinations of two, or even all, these classes, others modifications of one or more of them. But all are capable of being reduced to these three classes, according to the leading feature of each. II. Monarchy (from the Greek words monos, alone, and arclio, to govern). DEFiN'iTiOi^'. — A monarcliy is that form of government in which one person exercises the supreme authority of the land. He is sole ruler of the people. His title in general is monarch, though in different countries he is called hing, prince, sultan, czar, Iclian, amir, or other title significant of his position, as sole ruler. Kinds of Monarchies. 1. Absolute Monarchy. — Monarchies are absolute or Urn- ited, according to the extent of power vested in the ruler. An ahsolute monarchy is one in which the ruler has unlimited power. There is no person, law or constitution to restrain him. He makes and enforces the laws according to his own personal wishes. The property, liberty and life of every sub- ject are at his disposal, while he himself is accountable to no earthly authority. But although there is no legal power to limit his acts, the fear of personal violence and of revolution in many cases holds in check his lawless desires, and to a cer- 6 CIVIL GOVERNMENT OF THE UNITED STATES. tain extent protects the rights of the people. Eussia and Tur- key are exam^^les of absolute monarchies. 2. Despotism. — The word despot originally meant the ruler of any absolute monarchy; but it has come to bo applied to such a ruler only when he exercises his authority in a cruel manner, without regard to the laws of justice or humanity. An absolute monarchy thus governed is called an cibsolute des- potism; and few indeed are the absolute monarchies that do not sooner or later degenerate into this form. China, Persia, Morocco, Abyssinia, and many other Oriental governments, are absolute despotisms. 3. Liiniited Monarchy. — In a limited monarchy, the power of the chief ruler is limited by law or law-making bodies. The monarch himself does not make the laws; he is the executive who enforces them after they are enacted by the law-making body of the government. In order to make these laAvs valid, his assent is necessary, but it is almost never withheld. He is himself as amenable to the laws of the country as is his mean- est subject. By far the greater proportion of the important monarchies of the present age are limited. Great Britain, the G-erman Empire, Spain, Italy and Japan are prominent among them. 4. Hereclitar^^ Monarchy. — With reference to the source whence comes the monarch's title to his throne, monarchies are hereditary or elective. A hereditary monarchy is one in which the title and office descend from the monarch to his successor, by right of birth. The eldest son almost universally succeeds the father to the exclusion of all elder sisters. The people themselves have no choice as to who shall be their ruler. Most of the monarchies of the world have been hereditary. 5. Elective Monarchy. — A monarchy is elective when its monarch is chosen for life by the j)eople or their representa- tives. The few such monarchies which have existed were dis- turbed by continual feud and contention. 6. Patriarchy {inom. pater, father, and archo, to govern). — This is the oldest known form of human government, and the only form which existed before the flood, and until several cen- FOEMS OF GOVERNMENT. 7 turies thereafter. It is the government of the father over his family and descendants, and includes princely as well as paternal authority. The patriarch has absolute power over his descend- ants, their flocks and herds and houses, their liberty and lives. This form of government has existed only where the people lived in families or tribes, independent of other families and tribes. Abraham, Isaac and Jacob were patriarchial rulers. It is still in existence among some of the Oriental and African tribes, and even among the North American Indians. 7. Theocracy (from tlieos, God, and hrateo, to govern). — Literally, a government by the Supreme Being. It is monar- chial in form, and God is held to be the sole ruler administer- ing the affairs of the nation. The laws of the land are divine commands, given directly by Him. The members of the priesthood act as agents of the Invisible Euler, interpreting His will to the people. The most famous theocracy of history is that established by Moses over the Israelites, and by which they were governed for several centuries. III. Aristocracy (from aHstos, best, and hrateo, to gov- ern). The word aristocracy^ as its derivation implies, originally meant government by the best or noblest. In an aristocracy, the supreme j)ower is vested in a select body of men, privileged on account of rank 'and wealth. They either inherit the office or are appointed to it. Aristocratic governments are usually short lived. A number of men holding equally the supreme power in their hands grow jealous of one another, and fearful lest some one of them obtain the controlling influence. This naturally results in the overthrow of such a government. The several republics of Greece were at the outset aristo- cratic governments. Venice and Genoa were also at one time aristocracies, the former having been the most prosperous and long-lived government of its kind known to history. The term aristocracy is also applied to the nobility of monar- chial governments, the titled class above the common i3eople; for example, the dukes, marquises, earls, viscounts and barons of England- 8 CIVIL GOVERNMENT OF THE UNITED STATES. IT. Democracy (from de^nos, the people, and TcrateOi to govern). Defiis"ITION". — A democracy is a government administered by the people themselves. They hold the supreme authority in their own hands, and exercise it directly. Kinds of Democracies. 1. Pure or Absolute Democracy. — lTi?i pure democracy y all the people, that is, all the qualified voters, meet together in one body to make the laws. It is evident that this theory of government is the only true one. The people who own the property of a country, by whose labor the government is sup- ported, and who themselves constitute the nation, surely pos- sess the right of making the laws which affect only themselves, their families and their projoerty. But it will also readily be seen that the people of a large and populous country can in no way meet together whenever a measure of government is to be acted ujDon. In practice this method of government is only possible for political units small in population and territory. Good illustrations of pure democracy are found in the govern- ment of ancient Athens and in that of a New England town. 2. Representative Democracy or Republic. — There is one way, however, in which great nations govern themselves according to democratic principles, and still avoid the disad- vantages of a pure democracy. It is by representation. The people choose representatives at stated times, to act as agents for them in making and executing their laws. These repre- sentatives must carry out the wishes of the people they repre- sent, or give place to others who are willing to execute the^ popular will; so that the laws of the country are in reality as. much the laws of the people as though made directly by them. Eepresentatives who must thus render account of their con- duct to others act with much more discretion than they would in the assemblies of a pure democracy, where they are respon- sible to none but themselves. Representative bodies are also small, as compared with the whole body of people, and can therefore more thoroughly discuss all questions coming before them, and give more careful decisions. FOKMS OF GOVERNMENT. ^ A representative democracy is always called a repuhlic; and a study of the history of different nations proves the United States to have more nearly approached a perfect government than any other nation. More than twenty of the principal nations of the world are to-day republics. France and Switzer- land are governed after this manner. With very few excep- tions, the countries of North and South America are republics; and this form of government steadily gains in popularity as the people of the world advance in civilization and education. T. Our GOVERNMExNT. Most of the governments of the world have been the result of accident ; ours is the result of forethought and design. It was founded by men who had grown wise through the experience of years of tyranny and war, and whose only aim was to secure to the people'^the largest measure of liberty and happiness. • The government of the United States of America is repub- lican — the most thoroughly representative democracy in exist- ence. Not only the Nation, but each State of the Union, is a republic ; so that the people of the States are everywhere under two governments, that of a republic within a republic. These two governments in no wise conflict, for the National Govern- ment has supreme authority over all matters which concern the people of the nation as a whole, and which are embodied in the written set of laws called our National Constitution; while in all other matters the States have supreme power, and the National Government cannot interfere with them. Thus it will be seen that the two governments are entirely independ- ent of each other when each is acting in its own proper sphere. But any law made by any State in opposition to the laws of the Nation is void; and whenever there is a question of suprem- acy between the two relative to the affairs of the general gov- ernment, the States must yield to the Nation. This method of government has so well realized the object of its founders, that we, the people of to-day, governed accord- ing to this system, which they prescribed more than a hundred years ago, count ourselves the freest, ha^ipiest and most pros- perous people on the earth; while the poor and oppressed from many other nations flock to our shores, in search of that lib- erty and protection of rights which can nowhere else be found. 10 CIVIL GOVERNMENT OF THE UNITED STATES. CoLoisriAL Government. Third IvKbsojnt. I. Settlement of America. The early exi^iorers of America, upon returning to their homes in Europe, told mar- velous stories of the wealth of the newly-discovered world. Some of them reported the existence of rivers whose sands sparkled with gold and precious stones; others said they had heard of regions where the mountains were filled with diamonds and mines of silver and gold; and still others reported that the natives along the coast had told them of countries inland, whose people wore ornaments of gold and silver so heavy that their weight could scarcely be borne. They also told of fertile lands, of fur-bearing animals, of valuable timber, and various other sources of wealth. These stories aroused the greed of the rulers of Euro^^e, and made each one eager to possess all the territory possible in America, and at the same time ])re- vent the other nations from gaining possessions there. In consequence there was constant contention among them over their claims in the 'New World. Great Britain, France and Spain gained the strongest foot- holds, while Holland acquired some important sections. The possessions of the French comprised the basins of the Missis- sippi and St. Lawrence Rivers; Spain claimed Florida and the country lying to the westward; and the Dutch at different times held New York, New Jersey and Delaware. English colonies were established all along the Atlantic coast, from Nova Scotia to Florida, which, though feeble at first, grew to be strong and flourishing. In course of time England acquired all the possessions of the Dutch, and engaged in a war with France over the same question of territory. This was the THE THREE FORMS OF GOVERNMENT. 11 bloody '^ French and Indian War," and was waged between England and her American colonies on the one side, and France and her American colonies, aided largely by friendly Indians, on the other. In this war England was victorions and drove the French completely from their possessions in America. At the same time Florida was ceded to England by Spain, and thus Great Britain came into control of Canada nnd the whole region of country lying between the Mississippi and the Atlantic. II. GOYERNMENT OF COLONIES. When an uninhabited country, or a country occupied by savages, is colonized by civilized peojole, these colonists carry with them the laws of the land whence they come, and remain subject to its goYcrn- ment. True to this doctrine, the English colonies in America, as also those conquered by England, remained for many years subject to the government of Great Britain. But as they were so far removed from the mother country, a local government was also necessary. This, as a matter of course, was modeled after the government of England; but it differed greatly in the different colonies. There were three distinct forms, viz. : Pro- mncial or Royal, Proimetary, and Cliarier. 1. Provincial or Koyal Government. — The Provincial Government was under the direct control of the sovereign of Great Britain. A governor was appointed by him, who acted merely as his re^n^esentative, obeying all the royal commands. A council, consisting of a small number of men, was also appointed by the king to assist the governor m performing his duties. This council constituted the upper house of a legisla- ture, whose lower house was composed of representatives elected by the freeholders or planters of the colony. This legislature could make local laws for the colony, provided they did not conflict with any of the laws of Great Britain; but they must first be approved by the governor, and then sent to England and approved by the king, before becoming valid. The judges, magistrates, and all other officials who had jiart in executing and enforcing the laws, were appointed by the governor, subject to the approval of the king. At the commencement of the American Eevolution, tlie 5\ 12 CIVIL G-OVERNMENT OF THE UNITED STATES. colonies of 'New York, New Hampshire, Virginia, New Jersey, North Carolina, South Carolina and Georgia had Provincial Governments. 2. Proprietary G-overnnient. — Under the Proprietary Government y the king, instead of directly exercising the con- trolling power, gave it, together with a title to the soil, into the hands of certain persons, who thus became owners ov pro- prietaries. These proprietaries were thus invested with kingly power. They appointed the governors and other officials and organized the legislatures, while the people themselves held about the same political rights as under the Provincial Govern- ments. At the time of the Revolution three of the thirteen colonies were under Proprietary Government. Pennsylvania and Dela- ware were held by William ^enn as proprietary, and Maryland by Lord Baltimore. 3. Charter Government. — Under the Charter Government the ]3eople enjoyed more political privileges than under either of the other forms. It was founded upon democratic principles and resembled our State governments. The land, and the right to govern themselves, were granted to the people of the colony by a charter from the English crown. This charter divided the government into the three departments, legisla- tive, executive and judicial, naming the powers of each, and setting forth the rights and privileges of the people. The members of the legislature and the governor were elected by the people, while the other officers were elected likewise or appointed by the proper colonial authorities. Massachusetts, Rhode Island and Connecticut had Charter Governments at the time of the Revolution, and the Charters of Connecticut and Rhode Island proved so satisfactory that these States carried on their governments under them for manj years after becoming States of the Union. 4. Supremacy of English Government. — It will readily be seen that under these forms of colonial government the people enjoyed many political privileges, and appeared to hold much of the supreme power. It was an appearance only. THE THREE FOKMS OF GOYEKNMEXT. 13 The goyernment of Great Britain retained, in fact, the abso- lute control of every colony. It claimed the power of annull- ing any law passed by the colonial legislatures; it claimed the Tight of changing the form of government of any colony at any time; and it claimed the privilege of enforcing in the colonies all the laws passed by the English Parliament. By exercising this authority in a tyrannical manner for many years, England caused her American colonies to rise up in re'- bellion against her, to proclaim their independence, and to •establish it by the War of the RevolutioUo 14 CIVIL GOVERNMENT OF THE UNITED STATES. Fourth Lksson. CATUSKS OK XHK REVOLUTION. 1. Remote Causes. 1. Influence of France. — After her defeat in America by the English, France sympathized strongly with the enemies of England, and both encouraged and aided the colonists in opposing British rule. 2. Character of Colonists. — The rulers of Europe, together with their titled and wealthy subjects, sought only to gain greater wealth and glory from the resources of the New \yorld. But most of the people who came to colonize this wild country, came with far different motives. They were fleeing from the tyranny of home governments and seeking for liberty and hap- piness. They were stern and hardy in character, and filled with such hatred of all forms of tyranny, that they chose the hardships and dangers of a wilderness inhabited by savages, rather than longer live under cruel laws and law-makers. The first generation of settlers passed away, but not the hatred of tyranny. That descended from father to son, and was con- stantly increased by the new arrivals from the Old World. 3. Growth of Public Opinion. — After the Mayflower anchored in Cape Cod Bay, the people on board signed a writ- ten compact, by which they agreed to unite in making laws and governing themselves according to the needs of their col- ony. This compact contained all the principles of self-govern- ment; and from this time on there was an almost continual struggle between the colonists and the royal authority, grow- ing out of the attempts of the former to uphold these princi- ples and the efforts of the latter to crush them. Thus, from the first, public opinion steadily advanced in the direction of independence. 4. Character of George III. — This monarch of Great Britain, during whose reign occurred the Kevolution, was des- CAUSES OF THE EEVOLUTIOX. 15 potic in character, and unwilling to respect those rights and privileges to which the colonists, as British subjects, were entitled. II. Immediate Causes. 1. Kavig-ation Acts.— In 1651 the English government passed an Act requiring all the commerce of the colonies with England to be carried on by means of English ships. After- ward another Act was passed, providing that merchandise im- ported into the colonies from any country whatever should be brought in English vessels; while later on another measure declared that all foreign goods must be shipped to the colonies froDi British ports only. Thus were the harbors of the colo- nies closed against all foreign vessels. ' Certain articles which no country but America produced in quantities, and which did not therefore compete with English productions, were required to be shipped to English ports only; but such other commodities as England would not take the colonists might send to foreign markets. In the course of time other measures of similar nature were enacted, until American commerce was nearly destroyed and England had the monopoly of colonial trade. But what the American sub- ject lost the British merchant gained, and England's aim was accomplished. 2. Laws ill Restraint of American Manufactures. — Parliament enacted laws forbidding the exportation of yarn and woolen manufactures from the colonies to any place what- ever, in order to keep the markets open for English goods. Hats could be manufactured in but small quantities by the colonists, and only for home use. No iron works could be erected or steel manufactured, but all such goods must be pur- chased of England. 3. Importation Act.— Heavy duties were imposed upon all rum, sugar and molasses imported into the colonies from foreign ports, in order to compel their purchase of British merchants. Afterward the Sugar Act added to this list coffee, wines and other goods. 4. Writs of Assistance.— These were general search-war- 16 CIVIL GOVERNMENT OF THE UNITED STATES. rants, giving the officers of tlie crown power to break* open and search vessels, stores, private houses or any other place, in search of smuggled, goods. They also empowered the royal officials to compel the assistance of any person in these searches. 5. Taxation without Representation. — At the close of the French and Indian War, England had an empty treasury and a large public debt. She had long been jealous of the growing prosperity of the American colonies, and now deter- mined to raise a revenue by taxing them, claiming that her debt had been incurred through protecting them. The colo- nists resisted every attempt to carry this out. They consid- ered that they had already borne their full share of the bur- dens of the war, in maintaining their own troops and giving the lives of thirty thousand of their young men. And more than this, they were not represented in Parliament; and *'• Taxation without representation is tyranny," they said. 6. The Stamp Act. — This wa^ one of the most offensive measures of Parliament to tax the colonies. It provided that all instruments in writing, as deeds, bonds, wills and notes, and all printed newspapers, almanacs and pamphlets, should be written or printed on stamped paper purchased of the Eng- lish government. These stamps varied in price from a few cents to a number of dollars, and there were fifty-four kinds of documents that must be thus executed. 7. Mutiny Act. — A Mutiny Act had been in force a long time, providing for the punishment of mutiny and desertion, and for the quartering of British troops. In 1769 a clause was added declaring that troops in the colonies must be quar- tered and provided for at the expense of the colonists. 8. Boston Massacre. — The people of Boston were especialy decided in their opposition to the obnoxious laws of Parlia- ment, and when British troops were stationed in the town to overawe them, they became greatly enraged. There were sev- eral collisions between the soldiers and the people, in one of v^hich the troops fired into the crowd, killing and wounding .several persons. This is known as the Boston Massacre. CAUSES OF THE REVOLUTIOX. 17 9. The Tax on Tea. — Duties were laid upon paint, paper, lead, glass and tea. Again the colonists objected, so vigor- ously that the English government, becoming alarmed, re- pealed all the taxes except the one of three pence per pound on tea, which was left to keep up the right, the king said. But as it was the right which the colonists were opposing, this one tax, though in itself not burdensome, irritated them as much as the whole had done. They refused to purchase any tea, and some of the men of Boston, disguised as Indians, one night boarded British vessels laden with tea and threw the caro-oes overboard. 10. Boston Port Bill.— England, as a punishment for this act of destroying the tea, closed the port of Boston, and removed the seat of government to Salem. 11. Massacliusetts Grovernnieut Bill. — As a further pun- ishment, a bill was passed completely changing the charter government of Massachusetts, by taking all the power from the hands of the people and placing it in those of the servants of the crown. 12. Transportation Act. — At the same time another Act was passed, providing that in the colony of Massachusetts all persons charged with murder, or other capital offense commit- ted in opposing the government of the crown, should be sent to some other colony or to England for trial. 13. Quebec Act. — The colonies had for years contributed men and money to assist England in overthrowing the Eoman Catholic church and the French laws of Canada. The Quebec Act permitted the Canadians to remain under their French laws, and restored to them full religious rights. It also added to the province the territory north of the Ohio River. In all this the colonists saw only a scheme for their overthrow by tlie English crown. 14. Misrule of Royal Governors. — These officers of the crown continually exasperated the people by their overbearing and tyrannical rule. 2 18 CIVIL GOVERNMENT OF THE UNITED STATES. Fiktth: IvKsson. SUCCKSSIVK STKPS TO UNION. I. The Enemy to Union. As a general thing, the people of each colony came from the same locality in their native land, held the same political, social and religious views, and were alike in their habits and customs. But the people of the different colonies differed widely in these respects. The settle- ments were often far apart, and communication with eack other was difficult. Thus their opinions and interests grew more and more diverse, and the spirit of jealousy, which had always existed among them, increased in strength as they grew more independent of each otlier. This jealousy from the first proved a most determined enemy to all attempts at permanent union of the colonies, and was only overcome when the popular fears of outside enemies grew stronger than the jealous fears of each other. II. Steps to Union. 1. First Union, 1643. — The colonies of Massachusets, Plymouth, Connecticut and New Haven joined together to- resist the encroachments of the Dutch and French and protect themselves from the hostilities of the Indians. The league thus formed was called the League of the New England Colo- nies. Two commissioners from each colony met in council and managed the affairs of the league. This union existed forty-one years and doubtless aided greatly in educating the public in the direction of self-government. 2. Attempted Union, 1754. — It was more than a hun- dred years after the formation of the League of the New England Colonies before any important steps were again taken toward union; and the attempt, when made, was also for the purpose of protection against outside enemies. The contest between the French and English over their possessions in America had reached the point of open liostili- SUCCESSIVE STEPS TO UNTOX. 19 ties. England saw that war was certain, and advised her colonies to unite for common defense. A congress was there- fore called at Albany, at which seven of the colonies were represented— Massachusetts, New Hampshire, Rhode Island, Connecticut^ New York, Pennsylvania and Maryland. This Congress formed a treaty with the Six Nations, and agreed on a plan of union. Benjamin Franklin was the author of this plan, which provided that a president be appointed by the king and a council be elected by the people, and that the two acting together should regulate the affairs of the union. But the king, fearing it would give the colonists too much strength, rejected it; while the colonists opposed it because it gave too much power to the president. It was therefore never carried into effect, and its only apparent benefit was the further familiarizing of the colonists with the idea of union. 3. Congress of 1765. — At this time the English govern- ment was attempting to tax the colonies to pay her war expenses. The people had been growing irritated and rebel- lious, and the passage of the Stamp Act made them furious. At the proposal of Massachusetts, a Colonial Congress was called at New York, for the purpose of discussing the unjust measures of England. All the colonies were represented but Virginia, North Carolina, Georgia and New Hampshire. This Congress |)i'epared a list of the rights and privileges which they claimed, and sent a petition to the king of England, asking him to redress their wrongs. 4. First Continental Cong^ress, 1774.— But the king and parliament paid little heed to the petition of Congress, or to the complaints of the people, who continued to grow more and more indignant, and less inclined to obey the unjust laws of England. The Boston Massacre, the tax on tea, the Port Bill, the Mutiny Act, with the many other oppressive measures, again induced Massachusetts to recommend the calling of another Congress. This was done, and all the colonies but Georgia sejit delegates. At this Congress, which assembled at Philadelphia, Sept. 5th, 1774, another Bill of Rights was declared, of a mucli more decided nature than the other. Articles of Association 20 CIVIL GOVERNMENT OF THE UNITED STATES. were drawn up, pledging the colonies to have no further com- mercial intercourse with Great Britain till the obnoxious acts were repealed. Another petition was sent to the king, and addresses to ;the 23eoi3le of Great Britain, to the peojole of the colonies, and to the Canadians concerning the troubles with the home government. It was also recommended that another Congress be called in May of the next year. 5o Second Continental Congress, 1775. — The troubles with England had continued, to grow more serious, and in April, 1775, the first blood of the Eevolution was shed at Lexington. The rebellious spirit of the colonists could no longer be controlled, and it was evident to many that nothing but war could, settle the disputes. The Second Continental Congress assembled at Philadelphia May 10th, 1775. There were delegates from all the colonies, most of those sent to the First Continental Congress having been returned to the Second. The most prominent figure among them was George Washington. He was dressed in the military suit of the Virginia troops, a buff and. blue uniform. These were the colors of the liberal or rej)ublican party of England. All at once observed this military dress of Wash- ington, and by it read, his opinions concerning the future policy of the colonies toward Great Britain. This Congress constituted the national government of the colonies for fourteen years, and during this time accomplished their final union. But its proceedings properly come under the head of Eevolutionary Government. INDEPENDENCE WON. 21 Retolutioxary government. Sixth Lesson. INDKPKNDENCE ^V^ON. I. CHARACTER OF SECOND CONTINENTAL CONGRESS. The colonies sent some of their ablest men as delegates to this Congress; Washington was there, the acknowledged leader in all movements for the country's welfare. John Adams, Rop-er Sherman, John Jay, Peyton Randolph, Benjamin Franklin, Richard Henry Lee and Patrick Henry were delegates, together with many others famous for ability and patriotism. It is said that among these delegates there was as little of selfish motive and personal ambition, and as much of ability and 23ure devo- tion to country, as ever existed in any assembly of men. The character of this Congress at the time of its assembling cannot properly be called revolutionary;, its object was not to change the existing form of government, nor to establish a new one. It had nothing in the shape of law or constitution to define its powers. Its proceedings had no legal or binding force, and the fact that they were generally sustained was not due to any actual power that this Congress possessed, but merely to the sense of common danger felt by the inhabitants of the country atlarge. Although all previous appeals to England to cease her oppression had been in vain, it was still hoped that this Congress, by taking more decided measures, might bring about the de- sired result. The great mass of the people, as well as their leaders, had no thought of separation from the mother country. They gloried in being subjects of the powerful kingdom of Great Britain, and believed there would soon be a peaceful settlement of all difiiculties. But their error Avas quickly made apparent; they saw there was but one way of escape from 22 CIVIL GOVERNMENT OF THE UNITED STATES. British oppression, and that way lay through revolution and separation from England. II. Steps to REYOLUTION. l. Immediately upon the assembling of the Second Continental Congress, a letter from Massachusetts was received by that body, telling of the battles of Lexington and Concord, and asking for advice and assist- ance. Congress at once realized that immediate and decided action was necessary, or there would never be an end to Eng- land's oppression. They voted to raise an army of twenty thousand men, with Washington as commander-in-chief. Although this measure had a strong revolutionary appearance, and in reality did prove to be so, yet, at the time, it was taken with no such intent. It was simply a means of protection against certain obnoxious laws and officials. 2. But this one rebellions act made others of a similar nature unavoidable. It was found necessary to create a continental currency, and to establish both a treasury and a post-office department. Attempts were also made to regulate commerce. And so, apparently without design, this Congress drifted on toward self-government. 3. What is believed to be the first direct j^ublic movement in favor of independence, made by any colonial assembly, was made by North Carolina. Her legislature passed a resolution in April, 1776, instructing her delegates in Congress to unite with the others in declaring for independence. 4. Shortly after this, the legislature of Eliode Island passed an Act abjuring further allegiance to the British crown. 5. Then, in May, the legislature of Virginia instructed her delegates in the Continental Congress to propose declaring the united colonies a free and independent state. Massachusetts and Rhode Island at once instructed their delegates to vote for the measure. Accordingly, Eichard Henry Lee, of Virginia, on the 7th of June, 1776, offered in Congress a resolution declaring the colonies of right free and independent states. This is said to have been one of the greatest questions ever presented to any assembly for discussion; and to have been debated with an ability and eloquence seldom, if ever, equalled. The resolution was adopted on the second of the following month. INDEPENDENCE WON. 23 III. RETOLUTION: DECLARATION OF INDEPENDENCE. Pour days after this resolution was offered by Lee, a committee was appointed by Congress to draft a declaration of independ- ence. Thomas Jefferson, John Adams, Benjamin Franklin, Eoger Sherman and Robert R. Livingston were the members of this committee. They presented a draft to Congress, which was adopted on the Fourth of July, 1776, by a unanimous vote. There was no longer any question as to the policy of the •colonies toward the mother country. This meant revolution. The Declaration of Independence was written by Thomas Jefferson, chairman of the committee, and has ever since been considered a work worthy of its author's remarkable ability. It opens with a statement of the natural rights of man, and affirms that the object of government is the protection of those rights. It asserts that a failure to accomplish this object justifies the overthrow of a government. A list of the tyrannical measures of G-eorge III. toward the American colo- nies follows, together with an enumeration of the oft-repeated and vain attempts of the colonies at redress. Then the colo- nies are declared free and independent states, with power to administer their own government. The closing ^^aragraph contains an acknowledgment of trust in Divine Providence, and a pledge to each other of life, property, and honor in de- fending this declaration of their independence. By this Act of Congress, the thirteen colonies became thirteen independent States; and Congress, consisting of but one legislative body, with no executive or judiciary, became the general government of the United States of America. IT. Origin or Articles of Confederation. As soon as it became certain that independence would be declared, Congress proceeded to lay plans for the union of the colonies under a permanent central government. It was evident that there would be a fierce struggle with England, and their only hope of success lay in united action. This would necessitate a power that could control the general affairs of the whole people. Congress, although it had made use of this power, did not possess it. Therefore, on the same day that a com- 24 CIVIL GOVERNMENT OF THE UNITED STATES. mittee was appointed to draft the Declaration of Independence^ another committee was chosen by Congress to p-repare a phm for the union of the States under a central government. After being debated and amended at various times, the report of this, committee was adopted by Congress, November 15th, 1777, under the name of the Articles of Confederation. y. Ratification of Articles of Confederation. These articles were not to go into effect until ratified by all of the thirteen States. It seems as if at this time, with the country distracted by the war Avith England, the colonies Avould have put aside their jealousy of each other and been eager to form a strong and lasting union. But their sad experience with the home gov- ernment had made them fearful of again losing their inde- pendent rights in a central government; and their jealousy and rivalry could not be overcome excej)t by many years of war. But they all desired independence, and because they could obtain it only by united efforts, they supported the action of Congress sufficiently to enable it to carry on the War of Inde- pendence to a successful close. On the first of March, 1781, nearly five years after the adop- tion of the Articles of Confederation by Congress, Maryland, the last of the States to yield, ratified them, and they then, went into effect. THE ARTICLES OF CONFEDERATION. 25 GOTERI^MENT OF THE COI^FEDEKATION. SeVKNTH IvKSSOjNT. THE ARTICLES OK CONKEDKRATION. I. NATURE OF Confederation. The Articles of Con- federation united the States in a league of friendship, mainl}^ for the purpose of defense. By them the States were- bound to assist each other against all outside attacks. But the union thus formed did not constitute a nation; it had more of the nature of a partnership of States, with the central government acting as agent. Each State expressly retained its sovereignty, freedom, and independence, thus withholding from the cen- tral government the supreme power, without which there could be no national government. The following are some of the leading features of the Arti- cles of Confederation: 1. The government was vested in a single legislative body, a Congress, consisting of but one house. 2. Each State was represented by not less than two nor more than seven delegates, and had but one vote. 3. The assent of nine States was necessary in all important matters, and the assent of all for any change in the Articles of Confederation. 4. All military and other governmental expenses were paid from a common treasury, which was supplied by the several States in proportion to their property. 5. Congress could send and receive ambassadors, coin and borrow money, establish post-offices, commission United States officers, and had the final settlement of State disputes over title to the soil. 6. Congress could appoint a committee, consisting of one delegate from each State, to act during a recess of that body. 26 CIVIL GOVERNMENT OF THE UNITED STATES. II. Change of GOTERNMENT. The same old Continen- tal Congress continued to administer the government under its new form; but it had now changed from a revolutionary body to a legal assembly. Its powers were defined by a code of written laws, which the people of the colonies had approved. But, in reality, the government underwent very little change. The Eevolutionary War was still at its height, and Congress continued to legislate very much as in the past, the States con- tinuing to suj)port its measures quite generally till the end of the war. III. Close of War. Two years after the adoption of the Articles of Confederation, the Revolutionary War closed, with the triumph of the colonies. It had taken eight years of ter- rible war to secure their liberty and independence. The Eng- lish army withdrew from the country; the American army dis- banded; Washington resigned his commission, and returned to his home at Mt. Yernon. The people then prepared to enjoy the liberty and peace for which they had so long and so bravely struggled. But peace did not come. They found they had gained liberty alone. Another enemy was in their midst, quite as dangerous as the one they had driven out. It was the weak- ness of their own government. lY. Defects of Articles of Confederation. The selfishness, jealousy and short sightedness of the colonies, which had delayed the formation and ratification of the Articles of Confederation, had also resulted in making them a very im- perfect instrument of government. It was believed that enough power had been vested in Congress to make it a strong central government. It was found, however, that although Congress could make war, and determine the number of troops necessary, it could not enlist a single soldier. It could only ask the States to raise the troops. It could determine the amount of money necessary for war and other expenses, but it could not raise a dollar. The States had exclusive control overtaxes. It had no power in regulating the commerce of States with each other, or with foreign nations. Briefly, Con- gress could advise and recommend measures, but could not carry them out. It lacked the one element necessary to any THE ARTICLES OF CONFEDERATION. 27 ^OYQTi[im.QTii— compelling power. The States had kept in tlieir own hands the entire substance of power, giving to Congress but the shadow. T. HESULT of Defects. The great amount of money used in carrying on the war had caused a large public debt, and funds were also necessary for the ordinary expenses of government. Congress, completely helpless in the matter, requested the States to provide for these necessities. Some States ignored the request; others refused to comply; while still others made the attempt to raise funds by direct taxation and stirred up such violent opposition among their citizens that troops were called out to quell the disturbances. Each State, having entire control of its own commerce regulated duties as best suited its own interests. Those hav- ing sea ports taxed other States trading through them. Eno-- land, taking advantage of the weakness of the government, did -all in her power to injure American commerce, and everywhere the trade of the United States was fast being destroyed. The laws passed by one State frequently worked such direct injury to others that the latter retaliated in kind. There was constant dispute over the claims of the different States to unin- habited territory in the West. Each State had its own paper currency, which would not i^ass in other States; and much of the coin of the country was fast finding its way abroad. The government became an object of contempt to foreign nations, England in particular losing no opportunity to ridi- cule this people who had struggled so obstinately for self-gov- ernment. But more than all else, the American people them- selves grew to distrust and despise their own government. Men who in the past had bitterly hated monarchial govern- ment, came to think and speak of it with leniency. The outlook of the country was growing darker than in the time of war. TI. Attempts at Reform. Congress made repeated attempts to alter the Articles of Confederation in a way that would give to that body more power, and as often failed. That the assent of the whole thirteen States was required for amendment or revision was an insurmountable difficulty. 28 CIVIL GOVERNMENT OF THE UNITED STATES. Three times amendments were assented to by twelve of the States, but defeated by the refusal of one to approve. yil. OooD Kesults of Confederation. Although the government of the Confederation was the weakest that could well have been framed, and almost without merit, yet it is entitled to the gratitude of this nation. Had its defects been of less magnitude, it is probable that our Constitution would never have been framed. Had the thirteen States not experienced so fully its evil effects, our Constitution would never have been adopted. Had the weakness of the Articles, of Confederation been less, the strength of our Constitution would not have been possible. PEOM CONFEDEKATION TO CONSTITUTION. 29 Eighth I^ksson. T^ROIVd CONKEDKRATION TO COIMSTI'TUTriON. I. Steps to Formation of Constitution. 1. Virginia and Maryland Convention, 1785. — Most great things have small beginnings. A question of dispute concerning the navigation and fisheries of the Potomac Eiver and Chesapeake Bay caused the first step to be taken leading to the formation of the Constitution. Virginia and Maryland, the disputing States, appointed commissioners to meet and settle the question. These commissioners at once discovered that the matter also concerned the rights and privileges of other States. They therefore adjourned without taking action; but they recommended to their State legislatures the calling ■of a convention of all the States to advise together in regard to the trade of the United States. Virginia, acting upon this recommendation, adopted a resolution advising all the States to send delegates to such a convention. ^ 2. Convention at Annapolis, 1786. — A convention was therefore called at Annapolis; but, although the States in gen- eral favored the undertaking, only five were represented. On account of the small number present, and the importance of the matter in hand, the convention took no action. It, how- ever, recommended to Congress and the several states the appointment of delegates by all the States to meet in conven- tion at Philadelphia and consider the situation of the United States, and provide for the urgent needs of the Union. ConoTCSs at once advised the callins: of a convention for re- vising the Articles of Confederation. 3. The Federal or Constitutional Convention, 1787. — By this time the affairs of the government had fallen into such a state of confusion that the entire people recognized the neces- sity for immediate action, in order to preserve the Union. All of the States but Ehode Island sent delegates to this conven- 30 CIVIL GOYEKNMENT OF THE UNITED STATES. tion. As on similar occasions, the people exercised unerring judgment in selecting these delegates. They not only sent their wisest and best men, but men who, with few exceptions, had become famous as governors of States, members of Con- gress, signers of the Declaration of Independence and the Articles of Confederation, and in other capacities. But the task before them was one worthy of their greatest wisdom. They held the fate of the nation in their hands. The time of meeting was appointed for the 14th of May, but not until the 25th were enough States represented to under- take this work of revision. Washington was unanimously chosen president, and the convention proceeded to business behind closed doors. The members were pledged to secrecy, and it was not till years afterward that the proceedings were fully made known to the ^^ublic. II. FORMATION OF CONSTITUTION. Although the con- vention had been called to revise the Articles of Confederation, it was soon decided to abandon this purpose, as they were too faulty to admit of revision. The convention at once proceeded to the formation of an entirely new instrument of government ^ — one that would answer the needs of a National Government. This proved to be a work so delicate and difficult that it will always be a matter of wonder how it was accomplished. From the first serious dissensions arose and continued to multiply throughout nearly the whole proceedings. The large States claimed precedence in ]3i"oportion to their territory, wealth, and population; and the small States stubbornly opposed it. The free States wished only the whites counted as population; the slave States insisted that all be counted. The commercial and agricultural States differed widely in their interests. Nearly all were opposed to yielding very large powers to the central government, while each was afraid the others would secure too much influence in such government. The best men among the delegates almost despaired of ever arriving at any agreement. However, at the end of a long struggle, a spirit of concession prevailed among them, which resulted in the formation of our Constitution. It required the FROM CONFEDERATION TO CONSTITUTION. 31 labor of nearly four months to accomplish this Avork, but the result was well worth a inuch longer labor. Because the Constitution contains some features of the Con^ federation, the United States government is often called the Federal Government, as well as the National Government; and the Constitution is spoken of as the Federal Constitution. III. Ratification of Constitution. It was pro- vided that the Constitution, upon being ratified by Congress and .then by nine of the States, should go into effect; but in that case only the States so ratifying would belong to the Union thus formed. This gave perfect freedom of choice to the States; none could be forced into the Union. Congress approved of the Constitution on the 28th of Sep- tember, 1787, and then submitted it to the States. At once a storm of discussion arose. It was attacked at every possible point. In some States the opposition was exceedingly strong and bitter. In several towns serious riots occurred between the friends and enemies of the Constitution. Some thought too much power w^as given the Federal Government; others not enough. Some thought the Senate should be elected by the House of Kepresentatives; others by the people. The terms of office were too short or they were too long. Congress should vote by States, not by individual members. Keligious tests should be required for office; and the seat of National Government should not contain so much land. But many saw that the choice lay only between the Consti- tution and anarchy, and therefore in less than a year eleven States had ratified, and the new government went mto opera- tion during the first months of 1789. Washington was elected President, and John Adams, Vice-President; and then in truth, peace and prosperity came to the nation. :N^orth Carolina and Rhode Island, the two States that had not ratified, after waiting until the success of the new govern- ment was assured, joined in the Union, thus completing the list of thirteen original States. IT. AMENDMENTS TO CONSTITUTION. Many of the supporters as well as the opposers of the Constitution thought 32 CIVIL GOVERNMENT OF THE UNITED STATES. that certain omissions in that instrument should be supplied. In the first Congress, therefore, ten amendments, constituting a bill of rights, were proposed and subsequently adopted by the States. These amendments had reference to certain rights of individuals, which the people were afraid would not be recog- nized by a National Government. Eive amendments have since been added, as the needs of the nation required. o Q. -< O TEERITOKY OF THE UNITED STATES. 33 GovERi^MEXT Under the Coxstitutiok NUNTTH LKSSON. TPKRRITORY OK -THK UINTITrKD STATTKS. I. The Original Territory, 1783. The treaty of peace made with G-reat Britain, at the close of the Revolution- ary War, defined the boundaries of the United States. These boundaries were: the Atlantic Ocean on the east, the Missis- sippi River on the west, the Great Lakes and Canada on the north, and the northern line of Florida extending to the Mis- sissippi River, on the South. This territory comprised about 830,000 square miles— more than three times the area of France, Spain, Germany or Italy, four of the most powerful nations of Europe. On account of this great extent of country and its relatively small population, it evidently did not occur to the minds of the founders of our Republic that we should ever need or acquire more territory. Therefore no |)rovision was made in the Con- stitution for such acquisition. Nevertheless it has always been acknowledged by all parties that the National Govern- ment possesses the right to acquire territory by any honorable measures; and this right has been repeatedly exercised. II. THE Louisiana Purchase, 1803. During Presi- dent Jefferson's administration the first addition of territory was made to the original United States. Napoleon Bonaparte, who was then at the head of the French government, was about to engage in war with Great Britain. Three years pre- viously he had purchased the province of Louisiana from Spain, and he now feared that the British would open hostili- ties by taking possession of this region. To prevent such an occurrence, he sold the entire province to the United States for the sum of $15,000,000. 3 34: CIVIL GOVERNMENT OF THE UNITED STATES. This territory t^s many times larger than the present State of Louisiana. It extended fron the Mississippi Eiver on the east to the Kocky Mountains on the west, and from its wide stretch along the northern boundary of the United States, nar- rowed down to the width of the present State of Louisiana on the Gulf of Mexico. Over a million square miles were com- prised in this section, and by its acquisition the area of the United States was more than doubled. This province was one of great fertility of soil; its climate was healthful, and its natural productions many and varied. It has proved of vast importance in the growth and develop- ment of our country. From it, with the addition of a little extra territory, the States of Louisiana, Missouri, Arkansas, Iowa, Minnesota, Kansas, Nebraska, Colorado, Wyoming, Montana, North and South Dakota, and the Oklahoma and Indian territories, have been formed. III. Purchase of the FLORIDAS, 1819. The prov- inces of East and AYest Florida, which Spam had ceded to Great Britain at the close of the French and Indian War, were given back to Spain by Great Britain in the treaty of peace with the United States. During President Monroe's first term of office these prov- inces were purchased by our government for $5,000,000. But,, owing to the delay of the Spanish government in giving a final ratification of the treaty, the United States did not come into possession of the purchase until 1821. IT. Annexation of Texas, 1845. The present state of Texas was once a part of the Republic of Mexico. Most of its people, however, were from the United States. In 1836, on account of the tyrannical measures of the Mexican rulers, the Texans rebelled and established an independent government, which they sustained by force of arms. In 1845 the United States Congress passed a bill for the admission of Texas to the Union. This bill was signed by President Tyler three days before the expiration of his term of ofiice. In the early days of Polk's administration the Legis- lature of Texas approved the bill; and thus Texas became one of the United States. TEEKITOKY OF THE UNITED STATES. 35 But this great State of Texas came into the Union upon one condition, that her territory should be divided into five separate States whenever her government decided so to do. This has never yet been done, and she remains to-day by far the largest State in the Union. y. THE Oregon Treaty, 1846. The country lying west of the Kocky Mountains, which is now embraced in Oregon, Washington, Idaho, and a section of British America dire'ctly north, was long known as the Oregon Country. This territory was claimed by the people of the United States under several titles: 1. Captain Gray having discovered the Columbia River, they claimed it by right of discovery. 2. Captains Lewis and Clark having explored the country, they claimed it by right of exploration. 3. It having been actually settled by citizens of the United States, they claimed it by right of settlement. 4. All claims to that region held by France and Spain hav- ing been purchased by the United States, they claimed it by right of purchase. 5. But Great Britain also claimed Oregon; and thus for many years a controversy was carried on between that govern- ment and our own, which at one time threatened to end in war. But finally the difficulties were settled by the treaty of 1846, in which Great Britain yielded to the United States all her claims south of the forty-nmth parallel of latitude. Then this country belonged to the people of the United States by right of treaty. TI. Purchase of California, 1848. Although Texas had maintained her independence for several years, and the United States, England, France and other governments had acknowledged it, yet Mexico had never yielded her claims to the province. The admission of this State into the Union therefore gave rise to a war between Mexico and our govern- ment, which resulted in the victory of the latter. By the terms of the treaty of peace which followed, Mexico ceded to the United States the territory now comprised in California, Nevada, Utah, the greater part of Arizona and New Mexico, and 36 CIVIL GOYEKNMENT OF THE UNITED STATES. part of Colorado. The price paid by the United States for this territory was $15,000,000, together with the assumption of debts owed by Mexico to American citizens, to the extent of $3,000,000. Til. Purchase of the Mesilla Yalley, 1853. A second treaty was afterward made with Mexico, known as the Gadsden Treaty, by which the Mesilla Valley, a region of country lying south of the Gila Eiver, was purchased by the United States for $10,000,000. Till. THE ALASKA Purchase, 1867. William H. Sew- ard, President Johnson's Secretary of State, accomplished the purchase of the vast country of Alaska, containing more than half a million square miles. The Eussian government was paid $7,200,000 for this possession, then known as Russian America. On account of the desolate, arctic nature of a large part of the region, its purchase was at the time much ridiculed by the people and press of the country, and it became widely known as *^ Seward's Folly." It has, however, proved a valu- able acquisition. Its fisheries are extensive, and its fur-bear- ing animals are a source of great wealth. This country is also rich in minerals and timber, and the climate along the coast is mild. IX. Present Extent, 1898. The area of the United States is now 3,600,000 square miles — more than four times the extent of the original United States. Its forty-five States and five Territories stretch across the entire continent, from the Atlantic to the Pacific Ocean, and reach from the Icy Cape in the Arctic Ocean to the hot coasts of the Gulf of Mexico. Nearly all varieties of soil, climate and productions exist within this immense spread of territory; and among its 70,- 000,000 inhabitants are found natives of almost every country on the globe. Yet the same set of laws, framed by that small I)ody of men in the Philadelphia Convention, as successfully controls the afi'airs of this great country, and protects the interests of its vast population, as when the thirteen original States, crowded upon the Atlantic sea-board, constituted the Union. PUBLIC LANDS. 37 PUBLIC LAKDS. I. Public-Land States. Previous to 1784, the Federal Government owned no land; in that year it came into posses- sion of the valuable tract lying between the Ohio and Missis- sippi Rivers and the Great Lakes. This [N'orthwest Territory, as it was called, was ceded to the United States by Massachu- setts, Connecticut, New York and Virginia. In the Land Ordinance of 1785, Congress prescribed the manner in which this land should be surveyed, and also set apart a certain portion for 'the support of public schools. The policy outlined in this Ordinance has been carried out in detail by subsequent acts of Congress, and has been extended in application to all the territory which has since come into possession of the Federal Government. Ohio, admitted to the Union in 1803, was the first State formed from public land. Since then there have been twenty- nine States admitted, and all bat three (Texas, West Virginia and Maine) have been public-land States, and, therefore, have been surveyed and settled according to the Federal provisions. II. System of Surveys. The system of surveying the national lands is very simple. The government surveyors first mark out principal mericlia7i lines, running north and sautli; then parallels of latitude, running at right angles to the meridians. These parallels are called base lines. East and west of each j)rincipal meridian, at intervals of six miles, are drawn lines parallel with it, which are called range lines. North and south of each base line, at intervals of six miles, are drawn lines parallel with it, which are called toionsMp lines. Thus the States of the West are marked off in squares. Each square is called a townsliip, and is numbered by counting how many squares it lies north or south from the nearest base line. Each row of squares running north and south is called a range, and is numbered by counting the rows east or west from the 38 CIVIL GOVERNMENT OF THE UNITED STATES. nearest range line. Hence, in order to find a certain town- ship, one has only to know the situation of its j)rincipal meridian and its base line, together with the number of the township and of the range in which it lies. To situate the township then becomes a mere matter of counting miles, remembering that each township is six miles square. This regularity of j)lan made it very easy for the pioneer settlers in the West to '^locate their claims" even while the country was a wilderness. The matter was made even simpler by dividing each township into thirty-six equal sections. Each of these sections, of course, contains one square mile or six hun- dred and forty acres, and this area is, in turn, divided into quarters and sixteenths. 1 m. 6 5 4 3 2 1 7 8 9 10 11 12 18 17 Grant 16 for Schools. 15 14 13 19 20 21 22 23 24 30 29 28 27 26 25 31 33 33 34 35 Grant 36 for Schools. Diagram of a township in one of the newer States, showing- the manner in which the sections are numbered, and which ones are grants from the United States for school purposes. III. ENDOWMENT FOR PUBLIC SCHOOLS. The Ordi- nance of 1785 contains the following provision: "There shall be preserved the lot number 16 of every township for the main- tenance of public schools in the said township." The policy here initiated has been adhered to in all laws concerning terri- PUBLIC LANDS. 39 tory subsequently acquired by the United States, and it follows that in every public-land State or Territory there is one square mile of land in each township which is devoted to the support of free education. The title to the land is vested in the State Legislature, and from the proceeds of its sale comes a perma- nent fund, the interest of which is divided among the different townships for the support of their schools. In a few of the States, however, each township has its own special fund arising from its own section. Since the passage of the law for the organization of the Oregon Territory, in 1848, section number 36, also, has been reserved for the same purpose as section 16. Thus the schools of the newer Western States have the income from one- eighteenth of the land of the entire State. All the best authorities on the subject point out the fact that the town governments of the West have grown out of the organization for school purposes made necessary by the above described system of land grants. Except for this national policy, we might find in all the Western States, as we do in some of them and in most of the Southern ones, only the county governments for local purposes. Congress has made other grants of land for the founding and support of State universities and of colleges for instruc- tion in the branches pertaining to agriculture and the mechanic arts. IT. Settlement of Public Domain. Under the Homestead Act, signed by President Lincoln, a citizen of the United States, or one who has filed his declaration of inten- tion, man or woman, either the head of the family or single, and twenty-one years old, may locate upon a quarter section, i. e., one hundred and sixty acres, of unoccupied public land. After living thereon five continuous years he or she will receive from the United States Government a deed of the land, free of cost, excepting small fees paid at the land-office through which the business is transacted. Under the Pre-emption Act, a person having the above- mentioned qualifications may settle upon one hundred and aixty acres of unsold public land, build a house thereon, and. 40 CIVIL GOVERNMENT OF THE UNITED STATES. at the end of a year, receive- a title to the place by paying the government $2.50 per acre, if it be within the limits of land granted to the railroads, or $1.25 if it be outside of these limits. Soldiers may acquire title to public land on still easier terms. Besides the land, amounting to about eighty million acres, granted to the States for school purposes, large tracts have been set aside for Indian and military reservations; much has been given to railroad corporations and canal companies, and there are still remaining large areas of unoccupied public land. CONSTITUTIONS AND ELECTORS. 41 STATE QO^ERNMEISrTS. BlvE^VKNTH LKSSON, COMSTITTUTIONS i^ND ELKCTORS. I. State Constitutions. 1. Their :N"ature and Origin.— A constitution is the estab- lished form of government of a State or Nation. One of the most important powers of the people of a free government is that of securing their rights by a written constitution of their own choice. Their legislative bodies can then make no laws that this constitution forbids, and there can be no oppressive or tyrannical measures which the people themselves cannot control. The English people have no written constitution. The body of princij^les contained in the Acts of Parliament, the rulings of the courts of law, and the established customs of the coun- try, extending back through centuries, is called the English constitution. It is in constant process of change, for Parlia- ment has the power to make any new law it sees fit, or to abol- ish any old law. The people of the United States were the first in the history of the world to have written constitutions. They had had experience of the fickle will of cruel kings and law-making bodies, and they determined to be governed by well established and written codes of laws, which could never be forgotten, and never be changed except as the people themselves desired it. Even before the formal Declaration of Independence had been made, the Continental Congress recommended the colo- nies to organize State governments. Eleven of the colonies responded to this suggestion by adopting State constitutions within the course of a few years, while the other two, Con- necticut and Ehode Island, substituted their liberal royal 42 CIVIL GOVERNMENT OF THE UNITED STATES. charters instead. But when the National Constitution was formed, that became, within the range of its powers, the supreme law of the land. Tli^ State constitutions, therefore, cannot in any way conflict with it, or with the laws made nnder its provisions. But the States, having the supreme power in all other matters, have each adopted a constitution which comes within the limits of this power, and by which the people of that particular State are governed. 2. Hoiv Tliey are Framed. — The State constitutions have without exception been the work of constitutional con- ventions. The people of a State cannot all come together to frame a constitution; they therefore choose representatives, or delegates as they are called, who meet in convention and draft a form of constitution which they think best adapted to the government of that particular State. This, however, is only a draft, and can have no force as law until it has been regularly adopted by the people at large. 3. How They are Adopted. — This draft is submitted to the people at an election, for their decision ujoon it. It is accordingly adopted or rejected as the majority vote. 4. How Tliey are Revised and Amended. — Every con- stitution must be capable of change to a certain degree. Both the public and the private life of the people are constantly developing, and hence their requirements are as constantly changing. The fundamental law of the State must therefore be capable of a corresponding modification. The constitution itself usually contains provisions for making these changes or amendments. When a general revision is thought necessary, the method of proceeding is usually the same as in making a new constitu- tion. But it is more difficult to effect a single amendment than a general revision. An amendment must be assented to by both houses of the Legislature, in some cases by a simple majority and in others by a three-fifths or two-thirds vote. In some States it has to be voted upon and carried by the Legis- latures of two successive years. Finally it is submitted to the vote of the people, when a simple majority is sufficient for its adoption. . CONSTITUTIONS AND ELECTORS. 43 5, Division of Government.— Every State constitution separates the legislative, executive and judicial departments as thoroughly as the National Constitution itself. But here, also, they are not entirely distinct, each one having a certain degree of control over the others. II. SUBDIYISIONS OF STATES. Some sections of a State may require laws that are not necessary in others. Certain officers, as sheriffs and collectors of taxes, must each have his jurisdiction confined to particular limits, or great confusion would result. For these and other conveniences in adminis- tering the government, States are divided as follows: 1. Counties. — Every State in the Union is divided into counties. In Louisiana these divisions are called parislies. Counties in the same State are nearly uniform in size; but the 'Counties in one State, as compared with those of another, vary greatly in extent and number. 2. Towns or Tovrnsliips. — Counties are subdivided into towns or townships in all the States except those of the far West and most of the Southern States. 3. Districts. — Towns are variously divided into election, school and road districts. Both counties and towns are divided in some cases and united in others to form districts for the election of certain National and State officers. On account of the great diversity and complicated nature of these districts, it is not possible to fully discuss them in any general work. III. YoTERS OR Electors. Definitions. — Whenever tlie ]jeople are spoken of in a politi- -cal sense, that is, in connection with matters of government, voters are meant; those who by right of voting carry on the government. Voters are often called electors. The right to Tote is called the right of elective franchise, or the right of suffrage. QuALincATiONS. —When the Federal Constitution was framed, the qualifications required of voters in the several States were verv diverse. The Convention, after much dis- 4:4: CIVIL GOVERNMENT OE THE UNITED STATES. cussion of the matter and many vain attempts to settle iipon a uniform right of suffrage, decided to leave the matter entirely with the individual States. This former great diversity of qualifications has of late years, been very much modified. The tendency now is toward uni- versal suffrage. 1. Sex. — In the four States of Wyoming, Colorado, Utah, and Idaho women vote on all questions and are eligible to all offices filled by election. In Kansas they vote on municipal questions and are eligible to municipal offices. In Iowa and Montana tax-paying women vote on questions relating to the expenditure of public moneys. In Illinois women vote for trustees of the State University, and in more than half the States they vote on all school matters. In the remaining States the suffrage is limited to men. 2. Citizensliip. — A nation cannot be safely governed by men who take no interest in its affairs, and who have not the welfare of the people at heart. Therefore aliens, or persons, born in foreign countries, when they first come here to reside, are not allowed the privilege of voting. But laws have been made by which aliens, after residing here long enough to become acquainted with our government and to become at« tached to its institutions, can be naturalized, that is, made citizens of the United States. Some States allow an alien to vote upon his simply declaring his intention to become a citizen of the country. 3. Age. — The common law long since arbitrarily estab- lished the fact that a youth reaches the age of understanding and responsibility when he becomes twenty-one years old. Previous to that time he is not supposed to be capable of trans- acting business or of understanding the nature of government sufficiently to act with judgment. Therefore all the States have fixed this age as the time when the right of franchise shall be acquired. 4. Residence. — In order that one may vote understandingly, he should reside in the State long enough to become acquainted with its laws and government, and to learn the character and CONSTITUTIONS AND ELECTORS. 45 •qualifications of those for whom he votes. All of the States require that voters shall have been residents, for a specified time, of the State and district wherein they vote. The time varies in the several States from three months to two years. This law IS also made to prevent illegal voting; otherwise large numbers of men might be taken from one district to another or from one State to another at election time, and by their votes change the result of the election. ^ 5. Criminals.— It is generally provided in State constitu- tions that voters convicted of infamous crimes are deprived of the right of franchise. They are then said to be disfranchisecl The phrase '' infamous crime" is usually held to mean any crime punishable by imprisonment for a term of years. It is not considered proper for men guilty of high crimes to take part in administering a government which they have them- .selves defied. It is sometimes expressly stated in a constitution that a pardon before the close of the term of imprisonment shall restore the right of citizenship and suffrage. Whether stated or not, this is usually the effect of a pardon. Often criminals are pardoned a short time, even a day, before their terms expire, for this purpose. 6. Idiots, Lunatics and Paupers. — These three classes -are universally denied the right of suffrage. It is very evident that idiots and lunatics cannot exercise the right understand- ingly; though many who are allowed the right should un- doubtedly be placed under one or the other class. Paupers are supported at the direct expense of the govern- ment, and are allowed no vote. This right is denied them on the ground that there would be great danger of bribery and maltreatment by i^oor-house officials if the paupers were allowed the right of suffrage. 7. Other Qualifications. — Formerly there were certain property qualifications imposed upon the voter. These no longer exist. Ehode Island, the last State to abolish such requirements, did so in 1888. Several States, however, require the payment of a poll-tax as a condition for voting. 46 CIVIL GOYEENMENT OF THE UNITED STATES. In Connecticut, Wyoming and Massachusetts the voter must be able to read the State Constitution in English, and in the last mentioned State must also be able to write his own name. Indians not taxed are commonly excluded from voting. Other minor requirements are made by a few States. 8. Color. — The Fifteenth Amendment to the United States Constitution has placed the only limitation upon the States in regard to conferring the right of suffrage. By this, all the States are forbidden to deny the right of franchise to any citi- zen on account of race, color, or previous condition of servi- tude. After the War of the Eebellion, which resulted in the abolition of slavery, this amendment^ was added in order to give the right of suffrage to all persons of African descent. Previous to this no colored person could vote in the Southern States, and in only three or four of the Northern States. NOMINATIONS. 4 J NOIVIINATIONS. I. Political Parties. As soon as onr National Gov- ernment was organized, people began to have different opinions about their rights and duties under the Constitution. By rea- son of this, political parties, after a little, sprung into exist- ence. During the second term of Washington's administra- tion they had their origin; but it was not until nearly a quarter of a century later that they advanced from a merely local nature into National importance. Since that time they have always existed, growing with our growth as a people, until they have become such powerful forces in our political affairs that it would be practically impossible to conduct our government without them. They are, in fact, a necessity to any free government; for where the people themselves decide political questions, it must be done by majorities, and political parties are the agencies for obtain- ing majorities. These parties also support widely-circulated ncAvspapers; print millions of political pamphlets, and dis- tribute them throughout the land; cause many public addresses to be made; and in numerous ways keep the people enlightened in regard to the important issues of the times, and the views of leading minds. These parties are formed on National questions, and it is always National issues that keep up their life. In State poli- tics sometimes distinct State parties form when an important local issue arises; but in general the lines of these two great parties extend from National matters down through the j^oli- tics of all the States, reaching even to the election of the lowest township official. One of the most im^jortant political problems of to-day is the separation of local from National politics, to the end that questions of town, county and city government may be decided on their merits. At present party loyalty keeps many voters from supporting local measures of which their individual judgment approves. 48 CIVIL GOVERNMENT OF THE UNITED STATES. II. Definitions. To nominate means to name for an office or place. The use of the word is quite closely confined to politics, where its meaning is to name persons for election to some office. The persons thus named are called the candi- dates or nominees. III. Why Nominations are Made. Nominating can- didates for office is a matter entirely outside of the control of law. It is simply a custom, and well illustrates the fact that the people of this country are free to assemble peaceably at their will to transact any business. But although not a matter of law, it is practically of the greatest importance. If, on election day, every elector voted for whatever individual pleased him, so great a number of persons would receive votes that it would scarcely be possible for any of them to have a sufficient number for election, and therefore no result would be reached. It might also happen that some persons, if elected, would not be able to serve, thus making other elections necessary. There are also great numbers of ignorant and indifferent voters, who either would not vote at all, or would vote much more unwisely if names of candidates were not suggested to them. Moreover, the public interest is aroused by being centered on a few indi- viduals, and the character and ability of the candidates become well known to the people before election. For all these reasons it seems to be highly important to select persons before election, so that on election day there shall be but few persons to be voted for. Qf course no one is oblige^l to vote for the candi- dates thus selected, but as a matter of fact, voting is almost universally confined to such nominees. IT. How Nominations ake Made. Since about the year 1825, the caucus or convention method of placing in nomination candidates for office has prevailed, and has steadily increased in use, until now it governs all nominations, from the highest grade to the lowest. The course of nominations is descending and ascending; that is, the calling of the different nominating conventions com- mences with the call for the highest, or National Convention, and descends in regular order to the call for the lowest, or NOMINATIONS. 49 township caucus; while the order in which these conventions are held is from the lowest by successive steps to the highest- That the subject under discussion may be fully illustrated, we will follow the course of nominations in a presidential year; for then the National Convention, as well as the State, county, township, and other conventions are held. And as all political parties follow almost exactly the same course of proceeding in this matter, a description of the methods of any one of them "will be applicable to all. Calling of Conyentions. 1. Calling" of a l^ational Convention. — Early in the Presidential year, or in the latter part of the preceding year, the members of the National committee — which was appointed at the National Convention four years before, and which is made u}^ of one citizen from each State, and in some cases one from each Territory — meet and organize by the selection of oflBcers. They then agree upon the place for holding the National Convention of their party, six months or more later. 2. Calling- of State Conventions. — Then the State com- mittees of the respective States, which were elected at the last State Conventions, meet, organize, and fix the day and jilace for holding their State Conventions. 3. Calling- of County Conventions. — The county commit- tees of the various counties of each State next meet, and, after the usual organization, fix a day for their County Conventions. 4. Calling of Township or Ward Caucuses. — Lastly, the committees of the various townships of each county, and those of the wards of the cities included in the respective counties, meet, organize, and settle upon a day and place for the town- ship or ward convention, or caucus, as this ^jrn?z«?'?/ convention is called. The hours of voting at a caucus are determined and pub- lished by the township and ward committees. Work of Conyentions. 1. Caucus or Primary. — This convention is called to order by the chairman of the township or ward committee, 4 50 CIVIL G-OVERNMENT OF THE UNITED STATES. and at once some attendant at the meeting is selected by accla- mation for chairman of the caucus, and assumes control as its presiding officer. Then a secretary and two or more tellers are similarly chosen; after which all these officers must take the oath of office, as ^orescribed by law. The duties of this caucus are fourfold: 1. To select a township or ward committee whose duty shall be the mana2:ement of future caucuses. 2. To nominate such officers as are required for that township or ward alone; as, supervisors, justices of the peace, etc. 3. To select as many delegates to the county convention as that particular township or ward may be entitled to by allotment. 4. To transact such other business as may properly come before the caucus. The voting is done by ballot or otherwise, as published by the committee, or as may be agreed upon by the members ot the caucus. The vote for delegates is certified to by the caucus officers, and this serves as a certificate for the delegates selected,, showing that they are entitled to sit in the county convention. The chairman announces the result of the voting for township or ward committee and for local officers, and declares those re- ceiving a majority as selected for a future committee, or as being the nominees of the party. The usual qualifications required to become a voter at a caucus are, that the ])erson be legally entitled to vote in the precinct wherein the caucus is held, and that he declare his intention to support the candidates of the party at whose cau- cus he seeks to vote. The customary order of business of the caucus or of any convention may be changed by vote. 2. County Convention. — This convention is called to order by the chairman of the county committee, and is theu organized in the same manner as the caucus. The work of a county convention is: 1. To select the members of the succeeding county com- mittee, by calling the roll of the towns and asking the spokes- man of each town delegation to name a person selected trom. such town to represent it on this committee. NOMINATIONS. 51 2. To nominate such officers as are to be elected in and for that county, as sheriff, county clerk, etc. 3. To select two delegates to represent the county as a con- gressional district in the National Convention if the county chances to constitute a congressional district. 4. To select the allotted number of delegates to the State convention. 5. To transact any other necessary business. 3. Coiig^ressional District Convention.— If the county does not constitute a congressional district, as it usually does not, no delegates to the National Convention are selected at the county convention; but the selection of such two delegates is made at the congressional convention held in and for each congressional district. This convention is called by the congressional committee of the district; and delegates to it are chosen in the same manner as those to other conventions. It is held every second year, for the purpose of nominating its candidates to the lower house of the National Legislature; and every fourth year it selects delegates to the National Convention, as stated above. 4. State Convention. — After this convention is called to order by the chairman of the State committee, the organiza- tion is carried out in a manner similar to that of the preceding conventions. The duties of this convention are: 1. To fix the membership of the new State committee, by calling upon each county delegation to name a citizen of that county so to act. 2. To select nominees for the various State offices about to become vacant, as governor, lieutenant-governor, attorney general, etc. 3. To select four delegates at large to the National Conven- tion, to represent the two United States Senators of the State. 4. To make up the Electoral ticket, or members of the Electoral College. This is done by having the convention at large determine upon two electors for the United States Sena- tors; and by calling the roll of congressional districts by num- ber, and having the delegates from each district name a citizen of that district as an Elector. 52 CIVIL GOVERNMENT OF THE TNITED STATES. But the delegates to this convention are selected by counties, and congressional districts are often parts of a county, several counties combined, or whole counties and parts of others taken together. In order, therefore, to choose the electors by con- gressional districts, the delegates sent by the counties combine, divide, and re-district themselves, so that a certain number of them represent each congressional district in the State. These then, not as county delegates, but as the representatives of a given congressional district, name an Elector. 5. To do such other business as may pro^^erly come before the convention. 5. National Convention. — This convention is made up of the delegates sent from the States and Territories, two for every United States Senator, two for every member of the House of Eepresentatives, and two for every territorial dele- gate to the lower house of Congress. In case any regular delegate is unable to act, his alternate, who was selected at the same time, serves in his place. This convention organizes in the usual form, then proceeds to its duties, which are: 1. To fix upon the necessary !N"ational committee, by calling npon each State and Territory to name its member. 2. To accomplish the important work of nominating candi- dates for the Presidency and Vice-Presidency of the United States. 3. To transact any other business properly coming before it. The Republican party has established the custom, at the National Convention, of permitting a majority to nominate, while the Democratic party requires a two-thirds vote of all delegates for the nomination of President and Vice-President. Y. Other Contentions, it will be observed that the preceding conventions are all in the direct course leading up to the nomination of President and Vice-President, and that the work of each is necessary to the completion of the system. There are besides various other important nominating conven- tions or caucuses. 1. United States Senatorial Caucuses. — United States Senators, as will hereafter be fully explained, are elected by NOMINATIONS. 5 d the legislature of each State. They are first nominated in cancnses held by the members of the different political parties who compose the legislatures. 2. State Senatorial Conventions.— For the nomination of State Senators, conventions are called by the senatorial com- mittees of each senatorial district. The course of nomination IS descending and ascending, as outlined heretofore. When however, caucuses or conventions are to be called for other or purely local objects, delegates to the senatorial convention may then be chosen; but all the business to be transacted by way of selection of delegates or making nominations must be published in the call for the convention. 3. Assembly District Conventions.— These are held for the purpose of nominating candidates for the lower house of the State Legislature. The delegates to these conventions are selected at township caucuses. 4. Special Conventions. — Sometimes special conventions or caucuses are called for selecting delegates to the higher con- ventions. 5. City and Village Conventions or Caucuses. — Many city and village officers are nominated in conventions or cau- cuses held for that purpose. TI. Platforms and Planks. Each party usually issues a formal declaration of principles, called a j^lcitform, thus mak- ing public its opinions concerning the important questions of the day, and its future intentions in regard to them. The declaration of each of these principles is called 2^. j^lctnh. It is within the |)rovince of any convention to declare a plat- form of principles; but, practically, while this is always done at national conventions, usually at State, and occasionally at county conventions, it is almost unheard of at caucuses. 54: CIVIL GOVERNMENT OF THE UNITED STATES. KLKCTIONS. I. Preliminary Proceedings. The time between the nomination of presidential candidates and the general election is always one of great political excitement. In local elections this is not usually so much the case, although the election of the higher State officials often arouses strong political interest. Immediately after the nominations, the political parties enter upon the work of the campaign with great activity. The difterent parties apjooint their committees in county, town and district to carry on the local preparations. Numberless politi- cal meetings, addressed by speakers brilliant or otherwise, pamphlets, newspapers and other printed matter, are the means used to influence the votes of the electors; while showy parades' and various other spectacles keep up the popular excitement. All this is not without its evil effects. Private interests are neglected and forgotten; bitter animosities spring up; fraud and deception become prominent agents in the work; and the entire business of the country is paralyzed. But on the other hand, there are many good results. The ignorant voter be- comes enlightened on matters of government; the conflict between right and wrong is kept under way; party issues are brought to the foreground; and dishonest candidates and measures become well understood by the people. II. Registration. Some States require registration, especially in the large cities. Each voter, within a specified time preceding the election, must go before certain officials appointed for the purpose, and satisfy them that he has all the qualifications required for voting in that particular elec- tion district. His name is then put down in the list of voters, and only those whose names are thus registered can vote on election day. This prevents much illegal voting, and does away with many hindrances which would otherwise arise during the election, from necessary examination of voters. ELECTIONS. 55 III. WHEN AND Where Elections are Held, in most of the States, the general State election is held in Octo- l3er or Noyember; but the presidential election is held in all the States at the same time, yiz. : the first Tuesday after the first Monday in K"oYember. Counties and towns are divided into election districts for greater convenience in voting. A place is selected in each one of these districts, usually as near its center as possible, for carry- ing on the work of election. This place is called the 2^oUs or 2)olU7ig idlace. Poll is a Saxon word meaning head, and has come to be applied to a person. Because the polls or persons voting are here counted, the place is called as it is. The polls are generally open from sunrise to sunset on elec- tion day. This is presumed to give ample time for every voter in the district to reach the polling place and cast his vote. IT. The Ballot. The essential feature of a vote by bal- lot is secrecy. It is this which promotes independence in voting, and prevents bribery, by making it impossible for one who has bribed a voter to be sure that his man will not j^lay him false at the polls. All States attempt in their election laws to protect the voter in this secrecy. The States most suc- cessful in this are those which have adopted some form of the Australian Ballot System (so called because first practiced in Australia). According to this system, the government prints all the ballots, placing on each one the names of all the candi- dates of as many di^^erent political j^arties as have sent in their nominations to the proper officers. An officer at the voting place furnishes each voter with a ballot. Before tlie voter casts this ballot he makes a cross against the names of the candidates for whom he wishes to vote. This marking of the ballot is done at a desk where the hands of the voter are con- cealed from view. The ballot is then folded and deposited in the ballot-box. The polls are guarded against loafers. The number of voting places provided is large enough to give each voter plenty of time to mark his ballot. The blind and illiter- ate are assisted by one or more officers, often one from each political party. If the voting be in a place where registration is required, the voter's name is checked on the registration 56 CIYIL GOVERNMENT OF THE UNITED STATES. list and added to the poll list, as soon as lie has voted, and no one can vote under that name again that day. y. INSPECTORS OF ELECTION. The officers who have charge of the polling place and the voting on election day are usually called jtidges of electio?i or inspectors of election. Some- times supervisors or other officials perform this duty. The number of these inspectors varies from two to five. They are allowed to select persons, usually two, to act as their clerks. Each clerk keeps a list of the persons voting, which is called a poll-list. YI. CHALLENGrlNG. If the inspectors themselves, or any bystanders, suspect that a person offering to vote has not the necessary qualifications, but is trying to cheat, they may ques- tion his right to vote. This is called challenging his vote. A person thus challenged cannot vote until the challenge is with- drawn, or until he himself makes oath that he is thus qualified, or until some other competent person proves his qualifications. Til. Canvassing or Counting the Totes, in most States the polls are closed at sunset. The box is then opened and the votes counted by the persons in charge. If the num- ber of ballots in the box corresponds with the number of names on the poll-list, it is presumed no mistake or fraud has occur- red in the election. If, however, there are more ballots than names, in some States the election is void. In other States enough ballots are drawn at random from the box and destroyed to leave the number of ballots and names of voters the same. The official report of the votes, called a return, is then sent to the proper authorities or board of canvassers. The results of the election in the several districts of the town are computed together by the town canvassers, and the final result as. regards town offices declared. The vote of each town is then sent in to the county canvassers, and the result in the county declared. To determine the election of State officers, or officers elected for districts comprising more than one county, the county canvassers all send in the returns from their counties to the State canvassers. Notices of their elec- tion are then sent to the officers elected, and in some States certificates of election are sent. ELECTIONS. 5'^ Till. NUMBER OF Totes Necessary for Election. Originally all elections were decided by the vote of the major- ity. In most of the States a plurality is now all that is required. The New England States still require a majority for some of their highest officers. For a majority one man must have more votes than all the other candidates put together; that is, he must have more than one-half of the whole number of votes cast. A man has a ijlurality when he receives more votes than any other one candidate, although it may fall far short of one-half of the votes given. Suppose three candidates receive together 2000 votes; the first 900, the second 600, and the third 500. The first has more than either of the other two, and therefore has a plurality. He has not a majority, however, as that would require 1001 votes. Neither of these methods works justice in all cases. Both are open to serious objections. A candidate may be elected by a plurality when a very large majority of the people vote against him. For instance, if out of 2000 votes one candidate receives 680, another 670, and a third 650, the first will be elected by the 680 votes, while 1320 votes will have been cast against him. But when a majority is required, it is many times difficult to reach a decision, as no one man may secure a sufficient number of votes. This usually necessitates another election, and often, by reason of this, offices are left vacant a long time. IX. Corruption, The greatest danger that threatens the Nation to-day lies in the corruption of our nominations and elections. The country has become so rich that unlimited funds can be had for the purpose of exerting fraudulent influ- ence in these matters. The man who will sell his vote is con- temptible; the man who will buy it is more contemptible. Yet in many communities there are hundreds and even thou- sands of commercial votes, and seldom any lack of purchasers. Many illegal votes are smuggled into the ballot box through the carelessness or dishonesty of officials. Dependent men are forced to vote according to the will of their masters; weak men are terrorized by the strong; election returns are tarn- 58 CIVIL GOVERNMENT OF THE UNITED STATES. pered with by unprincipled officers; and fraud is practiced in all possible ways. But there exists a certain remedy for these evils. The hon- est men in a community are always in excess of the dishonest. If the former would exercise the same degree of interest and vigilance in the affairs of government as the latter, right and justice would certainly prevail. If men of principle would make it their first duty to attend caucuses and nominating conventions, only honest men would be nominated. If honest men were nominated, honest men would be elected. THE TOWN. 59 FOURTEKNXH LESSON. THK TOWN. I. Origin of the Town or Township. The oldest institution of our present system of government is the town, or township, an institution existing more than two thousand years ago among our ancestors, the ancient Germans. They were a brave and warlike people, and in early times dwelt together in groups of families and kinsfolk, each household having a hut with dooryard and garden attached. But they pastured their herds in common, they brought their water from the same spring or stream, and cut their fuel from a common forest. Around each cluster of houses, as a means of -defense, a hedge or ditch was made, called a tiin {toon). Those living within this enclosure were Mnes-men, and the land owned by them was the tun-scipe {toon-sMpa) or town- .ship. The heads of the households met together frequentl}', around a sacred tree, to administer their affairs of government; to expel certain v^^rong-doers; to impose fines; to settle disputes; and to attend to all their common interests. During the fifth century these Germans began to conquer Britain, and established there their customs and forms of local government. Two tribes, the Angles and Saxons, were the most prominent, wherefore the country became known as E7ig- land, and its institutions as Anglo-Saxon. Hence, when the English established governments in America, the township institution was naturally among them. But the modern American township differs widely from the Un-scipe of our .ancestors. II. IMPORTANCE OF THE TOWNSHIP. In the Xew Eng- land States the town is the most important division of the State, and exercises nearly all the powers of local government. There the county is of little importance. In the Southern and extreme Western States the county is the most important State division; while in the Middle and some of the \Yesterii 60 CIVIL GOVERNMENT OF THE UNITED STATES. States the powers of local government are quite equally divided between the two. But it must be borne in mind that the towiL does not exist in all the States, and where it is absent the county exercises all the powers of local government. III. The Town a Corporation, a corporation is de- fined as an artificial person. By this we are to understand that it is an association of natural persons, authorized by law to transact business as a single individual. Corporations ar&' Private or Public. Private Corporations are those founded by private enterprise; as, for example, banks, insurance com- panies and railroads. Piihlic Corporations are those created by the government for governmental purposes. Counties, towns, cities and villages are public corporations. They have,, to a certam extent, power to buy, hold and sell property, and may sue or be sued as natural jpersons. IT. Town Meeting. The people of each town meet together once a year, to elect officers and transact certain other business. This meeting is usually held in the largest Tillage, or the one nearest the center of the town. Some towns own halls in which their meetings are held; in others, churches or school-houses serve the purpose. An officer, called the Moderator, is elected at each meeting, to act as its presiding officer. In giving notice of a town meeting, all questions that will be presented for discussion must be clearly stated, so that- everyone may have time to consider them and form opinions before the date of the meeting. Besides electing the town officers, the electors, at this meet- ing, vote a tax for school purposes, for highways, and for other town expenses. They decide what salaries shall be paid town officials, and pass regulations for the coming year. They also receive the reports of the town officers of the past year. In the work of this meeting, aside from the election of officers, it will be seen that the representative system is done away with, and we have an example of pure democracy. y. Town Officers, a large majority of the town officers, are elected annually, and all of them are required to take the oatk of office; that is, they swear to faithfully perform their duties^ THE TOWN. Q1 1. SelectmeD, Supervisor, Trustees or Council.— The town, as we have seen, is a corporation, and therefore acts as a single individual. But it must act through some natural person or persons, who are its agents. In some States, especially the New England, there are several persons who fill the chief office of the town and repre- sent it as agents. They are usually three or more in number, and are called selectmen. In other States these officers are called trustees of toiunsU2)s, and sometimes the to2vn council. In still other States one officer represents the town, and is called the supervisor. In the New England States, where the town is the most important State division, the powers and duties of its officials are much greater than those of the county officials. In States where the county is the chief division, the reverse of this is true. The New England selectmen issue the warrants for the regular town meeting, and may at any time call a special meeting, provided they give notice of the objects for which the meeting is called. They represent the town in all State and county matters, and in the courts, whenever the town is party to a law-suit. They grant licenses, impanel jurors, Tegister voters, lay out town roads, and attend to many other things. In short, they administer the government of the town during the time between the town meetings. 2. Town Clerk. This officer holds a position of great importance. He is required to keep a record of all votes passed at town meeting, together with the names of all j^crsons elected to office. He administers the necessary oath of office to those elected. He records the proceedings of the selectmen or chief officers, and makes necessary returns to county or State officers. He keeps a record of the births, marriages and deaths in the town, and of the transfer of property. His duties, how- ever, cannot be precisely stated, as they differ in different localities. He usually calls the town meeting to order, and presides until a moderator is chosen. He sometimes also acts as treasurer of the town. 3. Town Treasurer. Generally, however, a treasurer is elected for this office alone. His duty is to receive all sums of 62 CIVIL GOVERNMENT OF THE UNITED STATES. money belonging to the town, and pay out the same as directed by law. He must make an annual report to the town of all moneys received and all paid out. He is required to give bonds for the faithful performance of his duties; that is, he makes a written agreement with the town that if he fails in performing his duties as required he will pay a certain sum of money as a penalty. But his own agreement is not enough; one or more other responsible persons must sign his bonds, by whicli they agree to pay the penalty in case the treasurer him- self fails to do so. 4. Constables. — These officers are the police of the town,, and execute the orders issued by the justices of the peace. They arrest persons charged with crime and have the custody of them. They see that order is preserved in the community; and if at any time they are unable to carry out their orders by reason of violence on the part of accused persons, they may call upon the people to aid them. If this is not sufficient, they may call upon the governor of the State, who in turn, if unable to quell the violence with the State forces, may demand of the President the assistance of the armed forces of the United States. 5. Supervisors or Overseers of Highways. — Usually each township is divided into road districts, for convenience in keeping highways and bridges in repair. Sometimes there is a coimnissioner or 'board of commissioners having general oversight of all the highways of the town. A single overseer or supervisor is appointed or elected over each district, to keep the roads and bridges in order throughout his special section. In certain States the county has direct superintendence of the roads. In some cases taxes are levied for this purj^ose, and common laborers hired to do the work on the highways; and in other cases each taxpayer may work out the tax himself, or pay it, as he chooses. 6. Overseers of the Poor. — The duty of these officers is to provide for the support of the paupers of the town who have no near relatives able to support them. In some States there is in each county a poor-house to which the town paupers are sent, and where each town pays for the support of its own THE TOWN. (33 paupers. In other States each town provides a phice for its paupers, or pays private individuals for their support. 7. Assessors and Collectors of Taxes.— The duty of assessors of taxes is to estimate the vahie of all taxable prop- erty within their respective sections. The collectors of taxes, after the estimate is made and approved by the proper authori- ties, collect the taxes which are assessed upon this property. 8. Otlier Officials.— In some States each town elects a board of school directors or scJiool committee, which has general charge of the public schools of the town. Various other inferior town officers exist in the several States. There are field-drivers, to take up stray live stock for safe keeping; pound-keepers, to care for the stray animals thus taken, until the owners call for them. There iXTQ fence-viewers, who settle disputes concerning division fences; and sealers of weights and measures, who examine and test weights and measures as to their accuracy. Inspectors of election are town officers; so also are excise com- missioyiers, whose duty it is to act upon petitions asking for the privilege of selling spirituous liquors. There is also some- times a game constable, who looks after the laws for the protec- tion of game. Justices of the Peace are elected by the town, but their duties will be given under the State Judiciaky. 64: CIVIL GOVERNMENT OF THE UNITED STATES. THK COUNTY. I. Origin of County. Formerly certain districts in England, which were governed by earls or counts, were called counties, a name which was introduced into England by the Normans. A county was also called a sliire, because it was a sliare or part of the whole country. Our principal State sub- divisions are called counties. The chief place in the county is called the county-seat or capital, and contains the court-house, jail, and other county buildings. II. County ,0FFICERS. The officers of the county are either elected by the people or appointed by the proper author- ities. Their terms of office vary from one to four years. 1. County Conimissioiiers. — As we have already seen, the county is a corporation and must be represented by natural persons, the same as the township. The persons who thus represent the county and administer its government form a board of County Commissioners, usually three in number. As a rule these officials are chosen for this purpose alone, though in a few States the Supervisors of the several towns constitute the board which exercises such powers for the county. These commissioners, or the supervisors, must see that the laws per- taining to the county are faithfully executed. They have charge of all property belonging to the county, including the erection and repairs of county buildings, the court house, jail and others. In States where the county is of more importance than the town, this board has supervision of schools, taxes, Toads, ferries, bridges, etc. 2. Tlie County Clerk : Recorder. — There is in each county a recording officer, who records, in books provided for the purpose, all deeds, mortgages, wills that have been pro- bated or proved according to law, and such other written instruments as are by law required to be recorded. This THE COUXTT. Q^ officer is nsually called a Register or Recorder. Sometimes the work is divided among several officers, a Recorder of Deeds, a Begister of Wills, and others. In .other States all the duties of recorder are attended to by an officer called the Counh/ Clerk, who is at the same time clerk of all the courts of record in the county. In this work of recording, the matter of time is a most im- portant factor. Every joaper is marked with the exact day of its presentation, and many are marked with the exact hour of the day. This is necessary in order to fix the precise date of the claim. If a man should take a mortgage on certain property and neglect to record it at once, the owner of the property might, in the meantime, give a second party a mort- gage on the same property, which, if presented for record but one minute before the first, would take precedence. 3. Tlie Sheriff.— The principal officer of the English county or shire was called a shire-reeve or sheriff. Thus the chief executive officer of our county is called Sheriff, and his office is an important one. He is the constable of the county, and is assisted in his work by deputies. He attends the courts, where he keeps order, and executes all their decrees. He arrests persons charged with crime; is responsible for the safe keeping of all prisoners; and has the care of the county jail. The jailer is usually named by him, and is often one of his deputies. The sheriff must preserve the public peace, and may at any time summon the inhabitants to assist him in so doing; and, if necessary, he may through the Governor and President, call to his aid the armed forces of the State and Nation.' If any persons break the public ^^eace, he may force them to give bonds for orderly behavior and appearance at the next county court. If they refuse to do so, he may commit them to jail. 4. Corouers. — Each county has one or more coroners, whose chief duty is to investigate cases of sudden, mysterious or vio- lent death, or death in prison. When such a death occurs, a coroner is informed of the fact as soon as possible. He sum- mons a jury from among the bystanders, subpoenas witnesses, and carefully examines into all facts concerning the death. 5 66 CIYIL GOVERNMENT OF THE UNITED STATES. The jury renders its written opinions or verdict as to the cause and manner of death. This entire proceeding is called a coroner^ s inquest. The coroner need know nothing of medi- cine, though physicians are usually selected for that office. Massachusetts has abolished the office of coroner, and entrusted all such investigations to physicians in general. 5. The District Attorney. — This official is a lawyer who acts as attorney for the county. He attends all the criminal courts of the county, and conducts the prosecution of j^ersons charged with crime. Although his jurisdiction extends only over the county, he is in one sense a State official, since all crimes are considered as committed against the State. In prosecuting a criminal, therefore, he is acting as agent of the State, and is often called ijrosecuting attorney or Staters attor- ney. He conducts suits for the county whenever it is a party to civil actions, and also gives legal advice to county officers when asked to do so. 6. Treasurer and Auditor. — Each county has a Treasur- er, who receives and pays out its moneys according to law. In some States there is an Auditor, who examines and adjusts all the accounts of the county. Where there is no auditor, the treasurer performs the duties of that office in addition to his own. Both these officers are required to give bonds, as are all officers entrusted with the handling or care of public moneys and other public property. 7. Superintendents of tlie Poor. — These officers have general charge of the county poor-house. They appoint j^er- sons to take care of this institution, and they render account to the board of county commissioners or the board of supervis- ors of all matters pertaining to the care of the poor. 8. Judicial Officers. — There are also county judges, and justices of sessions, whose duties are confined to court matters. These duties will be given under the Judicial Department OF THE State. 9. Other Officers. — In States where the township does not exist, and in States where it is of small importance, there are county assessors and collectors of taxes. There are sometimes county surveyors and super interidents or commissioners of schools. THE COUNTY. Q^j CITY AND VILLAGE. I. REASONS FOR INCORPORATION. Whenever a particu- lar portion of a town becomes thickly populated, it requires a different goyernment from the rest oe the town. The houses are so close together that the danger of fire becomes greater and a fire department is needed; while sidewalks and lights are necessary for the convenience of the many people passing along the streets. In cities, where the population is still larger and denser than in the villages, additional regulations are neces- sary, as police, paved streets, water supply, drainage, etc. Since the town government has no jurisdiction in regard to such matters, these thickly-peopled sections are organized under authority from the State into separate corporations, with the power to regulate their local affairs. II. How INCORPORATED. The first move in the matter of incorporation is made by the people themselves. Whenever a majority of the inhabitants of a given locality become con- vinced that a different government is needed, they petition the Legislature of their State for incorporation as a village or city, according as the population is greater or less. The Legislature then grants them a charter. This is a written instrument giving certain powers and privileges to the corporation; it also describes the boundaries of the village or city, and names the officers it shall have, together with their powers and duties. In some States the Legislature is required by the State con- stitution to pass a general law jDroviding a way in which any place may become an incorporated village by the action of its people, without a special law or charter. Incorporated cities are common to the whole United States; incorporated villages are found only in certain States. In Connecticut and Pennsylvania an incorporated village is called a horough. The name village is often aj^plied to a small unin- corporated community where the houses are near together. III. CITY Officers. 1. Mayor. — The mayor is the chief executive officer of the city, and occupies an important position. His duties are many and varied. Among others, he sees that the laws of the city 68 CIVIL GOVERNMENT OE THE UNITED STATES. are properly enforced, and has oversight of all subordinate ofiBcers. He usually has the power to veto ordinances passed by the city legislature. 2. Aldermen. — A city is divided into sections of a size convenient for administering the city government. These divisions are called wards. Ordinarily in each ward two alder- men are chosen, though in some cases there are more, and in others but one. Occasionally two or more wards together have but one alderman. These officers have charge of the affairs of their particular sections, and rank next to the mayor in authority. 3. City Council. — The mayor and aldermen together con- stitute the city council. In some instances this council is divided into two branches, a conwion council, whose members are chosen each year, and a select council, whose members are chosen for a longer term. This council has legislative power, and may pass such laws for the city as seem advisable. These laws are called ordinances. The city, however, is not governed alone by the laws of its council; it is subject to State legisla- tion the same as all other portions of the State. Its laws are simply of a local nature, and must not conflict with the laws of the State or Nation. 4. Other Officers. — In addition to the officers already men- tioned, there are numerous others of less importance: a loard of education, a city clerk, assessors and collectors of taxes, con- stables, auditor and treasurer, overseers of looor, superintendent of streets, engineers of fire departments, inspectors of election, police officers, etc. The duties of these officers are similar to those of corresponding officers of town and county. IT. Tillage Officers. In some States the chief execu- tive officer of a village is called jjresideiit, and in others mayor. A board of trustees or directors exercises powers similar to those of the board of aldermen in a city. The president is usually chosen by the trustees from among their number. In some States the name of totv?i is aj^plied to incorporated villages, and sometimes the board of trustees is called the council. i THE LEGISLATIVE DEPARTMENT. 69 I. How Composed. Experience has shown that two bodies of men dispose of a question more wisely than one. It is certain that more time is taken m discussing it, and more care used in passing judgment upon it. Consequently there is less danger of mistake and fraud. For this reason all the State Legislatures are composed of two houses— a Senate and a House of Eepresentatives. These are often called the iqjper and the loiuer house. In some States the lower house is called the assembly, and aa a rule both houses together are styled the general assembly, II. Its Character. Both houses of the Legislature are representative bodies, the members being elected directly by the people. The House of Representatives is a much larger body than the Senate. It numbers generally from one hun- dred to two hundred members in the different States. The Senate is supposed to be a more select body. Its members rep- resent larger districts, and are chosen by reason of their superior ability and experience in affairs of government. Their num- ber is usually from twenty-five to fifty. III. Qualifications of Members. Formerly a great variety of restrictions existed in the several States concerning eligibility to the ofiice of senator or representative. Many States required the possession of a certain amount of property; some prohibited clergymen and teachers from becoming mem- bers; and still others required suj)erior ability and learning. Even now there is a provision in the constitution of Kentucky to the effect that ^^no clergyman, priest or teacher shall be eligible to the general assembly." A few other States also 23rohibit clergyman from becoming members. But of late years the tendency has been to remove as many restrictions as possible, and the few remaining relate almost wholly to age and residence. Of course it is always necessary for a person 70 CIVIL GOVER15MENT OF THE UNITED STATES. to be a qualified Toter in order to be eligible to a seat in the Legislature. Certain States require a member to have greater age and longer residence than are required of a voter; and in some States the age and term of residence of a senator must be greater than that of a representative. IT. Terms of Office. With few exceptions, the term of office of the senator differs from that of the representative, being usually double the length. The rule is four and two years respectively. These terms are never louger, but sometimes shorter. For instance, in some States the senator's term is one year, in others two years, and in still others three years; while sometimes, especially in the eastern States, repre- sentatives are elected annually. In the lower house the terms of the members all end at the same time. The upper house, when the term of its members exceeds one year, is usually divided into classes; two classes if the term of office is two years, three classes if three years, and four classes if four years. The members of one class go out of office one year, of another class the next year, and so on. To illustrate this, supj)Ose a State is divided into forty-five dis- tricts, each district electing one senator whose term of office is three years. In 1898 fifteen districts would elect senators, in 1899 fifteen of the remaining districts, and in 1900 the last fifteen districts. In 1901 the first fifteen districts would again elect members, the others having served since 1898, or a term of three years. T. Salary of Members. Each senator and representa- tive is paid a salary fixed by the law of the State. TI. Apportionment. Some states are divided into dis- tricts, in each of which a senator is elected; and into smaller districts, each of which is entitled to one representative. Other States do not make a sejoarate division for this pur- pose, but simply elect members of both houses by counties. This work of dividing a State and assigning members to the di:2erent portions is called apportionment. Both of these methods of apportionment aim at the one object — equal representation; that is, giving a member to tlie THE LEGISLATIVE DEPARTMENT. 71 same number of inhabitants throughout the State. Where the members are apportioned among the counties, each county has such a part of the whole number of members of each house as its population is a part of the whole population of the State. If a State Legislature consisted of forty senators and one hun- dred and sixty representatives, and a certain county ot that State contained one fortieth part of the whole population of the State, that county would elect one senator and four repre- sentatives. Where the State is divided into special districts, all the senatorial districts contain, as nearly as may be, the same number of inhabitants; and all the representative dis- tricts are substantially equal in population. Sometimes two or more counties are united in forming senatorial districts, and sometimes counties are divided in forming representative districts. In 'New Hampshire and Vermont representatives are apportioned among the towns. Til. The Census, if the population of a state always remained the same or increased at the same rate throughout the State, where a division into districts has once been effected, it would be a permanent one. But this is not the case. In some States the population increases rapidly in certain sections, while remaining the same, or even diminishing, in other local- ities. This is especially true in the TTestern States, where large cities grow up in a few years. After a time, then, the representation becomes very unequal. In order to remedy this, each constitution provides that a State census be taken at stated intervals — in other words, that the inhabitants be numbered — and that after each census a new opportionment of members of both houses be made among the counties, or the State divided anew into districts. In some States the census is taken every ten years, and in others oftener, while some depend entirely upon the United States census, which is taken every ten years. Till. Meeting of the Legislature. The regular meetings of the Legislature take place either annually or bien- nially. Public opinion of late years seems to favor the latter method. States that have tried biennial sessions claim that the Legislature attends to all the real needs of the people as 72 CIVIL GOVERNMENT OF THE UNITED STATES. well by meeting once in two years as annually. And, more- over, if any extraordmary circumstance demands attention in the meantime, the governor has power to call an extra session. In States which have annual sessions, it is said that the Legis- latures, if they cannot find enough to do, know how to make something to do; and laws that are unnecessary must be harm- ful. Too much legislation may be worse than none. Some constitutions limit the length of the sessions to forty,, forty-five, sixty, ninety days, etc. In all such cases the estab- lished time may be exceeded, but only by the vote of a large majority. The constitution of Nebraska tried a remedy for too long sessions. It did not limit the time, but provided that members should not be paid for more that forty days. Some States pay an annual salary, and this method always has a tendency to shorten sessions. IX. Place of Meeting. The Legislature of each State meets at one particular place, fixed by the law of that State. This is called the Capital, since tne city containing the seat of government must always be the chief city of the State, even though not the largest. Here is located the State-house, or as it is called in some States, the Caintol. The Legislature holds its sessions in this building. The chief State officers have their offices in the Capital City. X. Attendance^ OF "Members. All of the States espe- cially provide against injury or interruj^tion to the business of the Legislature. No member can be kept from attendance upon the sessions, or hindered in going to or coming from these sessions, by any prosecution at law, unless for crimes and misdemeanors. Each house may compel the attendance of absent members. The power to punish and expel members, and to punish officers and other persons who are disorderly in conduct, is also given each house. XI. Quorum. Each constitution expressly states what part of the members must be present in order to proceed with business. This number is called a quorum. In most States a majority of all elected is sufficient for a quorum. A few States require a greater number, as two-thirds or three-fifths. THE LEGISLATIVE DEPARTMENT. 73 XII. YaCANCY. Sometimes a seat in the Legislature be- comes yacant, either by the death, resignation or removal of a member. In such case the vacancy is filled by the election of another person, either at a special election called for that pur- pose, or at the next general election, or in whatever way the laAV of the State requires. But the member thus chosen to fill the vacancy, holds his office only till the expiration of the term of him in whose place he is acting. XIII. Power of the Legislature. The National Constitution, Congress, and the State Constitution are all superior in authority to the State Legislature; therefore no laws can be passed by the State Legislature that in any way conflict with these three powers. But as the National Consti- tution and Congress have jurisdiction only in those matters which affect the Nation at large, and as the State Constitu- tions, in general, only prohibit the Legislatures from making oppressive laws, or laws that would in any way endanger the rights of the people, it will be seen that in all local matters the State Legislature has extensive powers. XIY. Public Proceedings, a man who enqoioys a carpenter to build a house for him has the unquestionable right to inspect the work as it progresses. A person who employs an agent to buy or sell goods for him has the same right to look into the transactions of his agent. The people, who choose representatives to make the laws that govern them, cer- tainly possess the right to know what their employees are doing. Therefore the constitutions provide that all business of the Legislature shall be open to the public. Only on rare occasions, Avhen the good of the public demands secrecy, can the doors be closed against spectators. Each house is also required to keep and publish a journal of its proceedings. 74 ^ CIVIL GOVERNMENT OF THE UNITED STATES. LEGISLJ5LTIVK DKF»J^RT]V4KNT, Continued. I. Organization. Each house assembles in its own par- ticular chamber, and the oath of office is administered to the members. Officers are then appointed and the right of mem- bers to their seats is determined, each house having the sole power to decide who has been elected to it. II. Officers. 1, Presiding- Officer. — This is the first officer chosen, and he is selected from among the members. He is usually called the speaker. In States which have a lieutenant governor, that officer presides in the senate, and ]S G^We^ president of the senate. In case the presiding officer is absent, a temporary speaker or president is chosen, who is called speaker or coresident pro tempore. This is a Latin phrase, meaning for the time, and is commonly abbreviated j[?ro tern. The duty of the j^residing officer is to see that the business of the house is conducted according to established rules, and that order is preserved. Like the chairman of an ordinary j)ublic meeting, he j)uts questions to vote, and then declares tliem carried or lost. 2. Other Officers. — The other officers of each house are not chosen from among its members. There is a derh, who keeps a journal of proceedings and has charge of all other papers; a sergeant at arms, whose duty is to arrest members and other persons guilty of disorderly conduct, to compel the attendance of absent members, and to attend to all business of a like nature. There are also one or more door-heepers. III. How Laws are Made. The state constitutions do not prescribe rules of procedure for the work of passing laws; but each Legislature establishes certain customs, from Avhich it seldom departs. Sometimes, however, in cases of exigency, a law is passed without following any of the customary regu- lations. THE LEGISLATIVE DEPARTMENT. 75 1. Introduction of Measures.— When the two houses are organized and ready for business, a message from the governor is read to eacli by its clerk. This message contains a report of the condition of the State, and recommends the enactment of such laws as the governor deems advisable. But the measures recommended in this message are but a small part of the num- ber which come within the action of the LegislatxiTe. Many are introduced by individual members, and others are in the form of petitions from the people of different parts of the State. Measures may be introduced in both houses in exactly the same way. A few States have granted to the lower house the privilege of originating all money bills. But as both houses directly represeut the people, there seems to be no ground for distinguishing between their powers, and all such differences are fast disappearing. A large number of State constitutions provide that every law shall contain but one subject. This prevents a certain amount of dishonest legislation. In States where this pro- vision does not exist, many objectionable measures are carried by being attached as side issues to some important central measure, while, had they been introduced separately, they could not have been passed. 2. Work of Committees. — There are so many different matters to be acted upon at every session of a Legislature, that it is impossible for the whole house to discuss each one separately with the care it demands. Committees are there- fore appointed at the beginning of each session, consisting of from three to seven members, each committee having charge of some particular subject. There is a committee on railroads, on education, on banking, on insurance, on finance or the money matters of the State, and so many other subjects that every member of each house is on one and often several of them. These committees are called standing committees, because they continue throughout the entire session. Upon the introduction of a measure to either house, it is at once referred to the proper committee. In case it should not come within the province of any standing committee, a S2)ecial or select committee is appointed for this one occasion. 76 CIVIL GOVERNMENT OF THE UNITED STATES. These committees meet in private rooms, at hours when the' houses are not in session, and consider the subjects submitted to them. Any person wishing to be heard in regard to a. measure, may come before the committee haying it in charge, and there make his statements. Finally the committee reports to the house the result of its inyestigations and deliberations. If the report is unfayorable the measure seldom receives further notice. If a committee decides favorably upon a measure, its members draft the same in the form of a law, provided the measure had not been introduced in that form, and present it to the house, with a recommendation for its passage. This, draft or form of a law is called a Mil. 3. Three Keading's. — Some State Constitutions wisely pro- vide that a bill must be read three times loudly and distinctly and word for word before it can come to the final vote. In other States the first and second readings consist of merely reading the title or enacting clause, while the third time the clerk really reads the bill, unless it is a long one. As a matter of fact, however, many bills are passed when those voting have little or no idea of their contents. After the first and second readings, the bill is usually debated, and if the house so decides by vote, amendments are made. 4. Passage of Bills. — In most States the vote of a majority of the members present will pass a bill, but in others a majority of all those elected is necessary. This latter method makes the passage of good laws difficult, as well as the passage of bad laws; but it is thought that the benefit arising from the latter fact overbalances the disadvantage of the former. When a mere majority of those present is all that is required, un- principled members take advantage of the times when a bare quorum is present to pass laws that would not be approved by a majority of the whole. When the time for taking the final vote arrives, the speaker puts the question to the house. The presiding officer himself votes, except in the senate of States which have a lieutenant governor presiding. In that case he has no vote except in instances of a tie, when he votes to decide the question. His vote IS then called the casting vote. In other cases of a tie, the bill is lost. THE LEGISLATIVE DEPARTMENT. 77 Many of the constitutions require that in all cases of voting a roll-call must be had. Each member voting viva voce, by word of mouth, as his name is called. This brings each indi- yidual member under the control of public opinion. "When a bill has passed one house, it is sent to the other, where it is acted upon in exactly the same way as in the first house. After it has been voted upon, it is returned to the house in which it originated. Sometimes, in the second house, the bill is amended; in which case the first house must agree to the amendment, or the second must withdraw it, or it must be modified until both houses approve it. 5. Governor's Veto. — As it is possible for both houses to assent to an unwise measure, a great many States have raised an additional safeguard against the passage of bad laws. Thev require the assent of the governor to bills that have passed both houses before they can become laws. The governor indi- cates his approval by signing his name to the bill after it has j)assed both houses, upon which it becomes a law. If he dis- approves a bill, he returns it unsigned to the house in which it originated, stating his objections to it. This refusal to sign it is called a veto, which is a Latin word signifying Iforhid. A governor's veto, however, does not necessarily prevent the passage of a law. After his veto the bill may again be put to vote in the Legislature; and if it receives the required majority in both houses, it becomes a law without the governor's ap- 23roval. The majority thus required is always greater than when the bill first passes the Legislature. Usually a two-thirds vote is required, and this may be either two-thirds of those present or two-thirds of the whole number elected. 6. Wlien Laws Take Effect. — A law goes into ojoeration the moment the last act is done, unless a different provision is made. It requires some time for all the people whom a law ■concerns to hear of it, and some of these people might violate it in the meantime; therefore a constitution or the law itself usually provides that such law shall not take effect until a •certain time after its passage. IT. Advantages OF State Legislation. Theadvant- .age of State legislation is two-fold. The people of each State 78 CIVIL GOVERNMENT OF THE UNITED STATES. are benefited by having their local laws made at home, by men who understand what is needed for that particular section; while the people of the whole United States profit by having- so many small matters taken out of the hands of Congress, and leaving to that body time for the greater affairs of the Nation. EXECUTIVE DEPARTMENT. 79 KXKCUTIVE DEPARTJVIEN'T. I. The GOYERNOR. The governor is at the head of the exectiitive department, and has the highest duties of the State to perform. 1. Qualifications. — A person, to be eligible to the office of governor, must be above a certain age; must hold the right of franchise; and must have been for a certain length of time a citizen of the United States, and, for a term of years next pre- ceding his election, a resident of the State. A very few States require the ownership of a certain amount of property. The number of years' residence required in the State and the United States differs greatly in the different States. The age of the person also varies, but usually it must be thirty years or more. 2. Election and Term of Office. — The people vote directly for governor. His term of office varies from one to four years in the several States. In case the elections result in no choice, as may well happen in States which require a majority to elect, the Legislature elects one of the two candi- dates receiving the highest number of votes. The right of re- election is unlimited in most of the States. 3. Powers. — Nearly all the powers and duties of the gov- ernor are executive. His first and chief duty is to see that the laws of the State are properly executed. He represents the State in its dealings with other States. He sends messages to the Legislature, and may call special sessions when some ex- traordinary circumstance demands immediate attention. He is commander-in-chief of the militia when it is not employed in the service of the Nation, and can call it out in times of insur- rection. He has the authority to demand at any time, from the different executive officers, information in regard to all matters in their respective departments. 80 CIVIL GOVERNMENT OF THE UNITED STATES. The governor has no direct legislative power, except in most States the right of veto. He may influence legislation by the measures suggested in his messages, but he cannot make a formal proposal of a law. His judicial powers are few. He may grant imrdons and reprieves, but as a rule this power is greatly limited. In cases of impeachment, and in some States of treason, he has no ];)ower to interfere with the decision of the courts. Ordinarily he can exercise this right only with the approval of other high officials; and more often he is required to give the Legislature his exact reasons for using the power. He may also commute a sentence; that is, he may substitute for one punishment another less severe, as when he changes a death sentence to imprisonment for life or a term of years. He also possesses the power of appointment, but it varies greatly in the several States. In a few he appoints all the higher executive and judicial officers, as the secretary of state, the attorney-general and the court judges. Usually, however, all the higher officers are elected by the people, while the gov- ernor appoints only some minor officials, such as notaries. He often fills by appointment, until an election can be held, vacan- cies that occur in executive and judicial offices through death, removal or resignation. He has numerous other duties. 4. Vacancy in Office. — If the office of governor becomes vacant at any time during the term, the lieutenant-governor, when there is one, -fills the vacancy for the remainder of that term. After him the president of the senate, and then the speaker of the lower house, act as governor. When there is no lieutenant-governor, the president of the senate generally comes first, though sometimes the secretary of state takes precedence in the succession. II. The Council. In a very few states there is a body of advisers to the governor, called a council. This council is elected by the people, and many times its consent is necessary to certain official acts of the governor. ^ III. The LlEUTENANT-GrOVERNOR. The duties of the lieutenant-governor are always few. The most important one EXECUTIVE DEPARTMENT. 81 is presiding in the senate. This office seems to exist chiefly for the purpose of providing a suitable person to succeed the governor in case of the latter's death, resignation or removal. In many of the States there is no such officer. IT. The Secretary of State, a prominent foreign i^^riter, in speaking of this official, says that, in spite of his liigh-sounding title, he is simply chief clerk and keeper of the State seal. He has charge of all the State records and other papers. He must keep a written record of the proceedings of the Legislature and of the executive departments. He is sometimes appointed by the governor, sometimes by the Legis- lature, and otherwise elected by the people, as is the case with all the following officers. Ye The Comptroller or Auditor. The money mat- ters of the State are all managed by this official. Claims against the State are examined and settled by him; he over- sees the collection of State moneys; and at his order the State treasurer pays out necessary funds. He is required to give bonds. YI. The Treasurer. The treasurer has charge of the State moneys, and keej)s account of all sums received and paid out. He also must give bonds. YII. The Attorney-General, a lawyer who is chosen to have charge of the legal matters of the State is called attor- ney-general. He acts as adviser and instructor to the Legisla- ture and executive officers, concerning matters of law upon which they consult him. He conducts law suits in which the State is a party, as prosecuting persons indebted to the State, and causing jDersons charged with certain crimes to be brought to trial. YIII. Other Officers. In some States there is a siir- vey or -general, who superintends the surveys of State lands and keeps in his office maps of the State and its divisions; a super- intendent of imU'w instruction or superintendent of schools, who has oversight of the public schools of the State; a State printer , 6 82 CIVIL GOVBKNMENT OF THE UNITED STATES. Who prints the laws and State papers; and a State Uimrian, who has charge of the State library. There are still other ofiBcers in most of the States. IX. SALARIES. The executive officers all receive salaries fixed by the laws of the State. JUDICIAL DEPARTMENT. 83 JUDICIAL DEF»A.RT]V[KNT. I. Ancient Courts of Justice. Governments may neglect the welfare of their subjects, and in themselves be despotic to the highest degree; but there is one thing which every government must do in order, to exist— it must adminis- ter justice between man and man, by punishing the wrong- doer, and iDrotecting the life and property of each subject from the violence of others. Where this is not done, and each indi- vidual is left to follow his own will, to protect his oAvn rights, and avenge his own wrongs, there is no government; there is anarchy. Many centuries ago the Germans, in their township meet- ings, administered justice by settling the disputes of neighbors and punishing wrong-doers. After a time they formed a larger and more general government, by uniting several town- ships. This government was called the Imndred, probably because the united villages together furnished a hundred war- riors to the host that went forth to the wars of the country. In every hundred a court of justice was established, to which each of the townships comprising it sent representatives. In this court more important cases of dispute were settled than at the township meetings. As we have seen, the Saxons carried their methods of gov- ernment with them into England. To the hundred court there came a reeve and four best men from each township, together with twelve knights from the hundred. In course of time the whole kingdom v^^as divided into shires or counties, each comprising several hundreds; and a county court was established in each county after the model of the hundred court. To these higher courts the more important cases were taken, which could not be decided in the courts of the hundred. In all these ancient courts the whole body of citizens who attended had part in the decisions. But in very early times. 84 CIVIL GOVERNMENT OF THE UNITED STATES. special duties began to be assigned to special officers; and many of the offices thus created have come down to us through repeated modifications. Sheriffs, justices of the peace, con- stables and coroners fill these offices to-day, as then. But, as the power of the kings increased in the realm, gradu- ally these courts of the people died out or were greatly changed, until justice came to be administered almost wholly by the high courts of the king and his council and judges appointed by him. The system of administering justice which had through centuries been developed in England was brought to this country by the Englisli colonists; but they left behind them the customs of tyranny, and introduced only those which were best fitted to preserve the rights and liberties of the people. II. JURIES. 1. Their Orig-in and Development. — Trial by jury is of such great antiquity that its origin is not clearly known. Some say that it originated in G-reece, where was held the first trial by jury of twelve men. Others think that it was in use among the ancient inhabitants of England, the Britons. But it is more generally believed that it had its origin in the practices of the Saxons, and that the English system results from a union of Saxon and Norman customs. In those early town meetings of the Saxons, a rule existed of allowing an accused person to ^^I'oduce twelve witnesses, who with joined hands made oath to the truth of his statements. These witnesses were called compurgators or oath-mahers. Also one of the Saxon kings of England had twelve men selected from each hundred, whose duty it was to present for trial in court all persons suspected of crime in that hundred. After the Norman kings came to rule over England, they adopted a custom of appointing twelve men to give under oath information to the king concerning the people and property of their neighborhood. In course of time any dispute over the ownership of an estate was left to the decision of twelve men selected from the vicinity of the estate under dispute. If the first twelve could not agree, others were added, until twelve men could be found who would make oath to the same thing. JUDICIAL DEPARTMENT. 85 Finally it came to be the custom to regularly summon twelve men from the hundred, and four from each township, who should present accused persons to the courts for trial. This body came to be known as the grand jury, to distinguish it from another and smaller jury of twelve men, called the 2^etit jury. This latter jury was selected from the vicinity of the accused person, and, from their personal knowledge of the facts, either affirmed or denied the charges against him, thus deciding the case. But in all these early juries the jurymen were themselves witnesses. They were chosen because of their personal knowl- edge of the cases, and their decisions were based upon that knowledge. Gradually, however, the system was modified. Special witnesses were summoned, who at first joined with the jury in giving the verdict, and afterward only gave information to them. Testimony was presented in open court, and wit- nesses were examined and cross-examined; judges instructed the jury; and attorneys argued the cases before them. And after many years still, jurymen were prohibited from being witnesses, and cases were decided entirely upon evidence pre- sented in court. 2. Tlieir Importance. — When a government or its officers have the power of accusing anyone of whatever crime they will, and at their pleasure bringing him to secret trial before prejudiced persons, who pronounce sentence according to the wish of the accuser, personal liberty becomes impossible. Therefore is the right of trial by jury, of trial by an unpreju- diced body of one's equals, one of the most important rights a free people can have. In England, when the crown had usurped most of the ancient rights of the people, the Arch- bishop of Canterbury, together with some of the powerful barons of the realm, forced King John, at Eunnymede, to sign that famous charter of rights, called Magna Charta, by which the old rights and customs of the people were restored to them. Prominent among these was the right of trial by jury. Only in England and in governments founded by Englishmen has this system been fully developed and preserved. With the English it came into America, where it has always been most 86 CIVIL GOVERNMENT OF THE UNITED STATES. jealously guarded by the people of the United States. The National Constitution in various provisions, and also the State constitutions, secure this right to the people. 3. Juries of tlais Country. — We have in this country the two juries, grand and petit. The one decides whether the evi- dence against an accused person is sufficient to warrant his trial; and the other, upon trial, decides whether the person is guilty or innocent of the crime charged against him; or, in cases not criminal, whether the one or the other side is in the right. 4. The Grand Jury. — It may often happen that persons are spitefully and maliciously accused of crimes which they have never committed. It would be cruelty to subject inno- cent persons to the hardships of a trial, and it would also waste the time of the courts and incur uncalled-for expenses. The grand jary is a safeguard against this evil. This jury is in number not less than twelve nor more than twenty-three, and is summoned in every county several times during the year, to inquire into the crimes committed in that county. Usually State constitutions provide that no person can be tried for a criminal offense, except a petty one, unless upon indictment or presentment by a grand jury. Some one, generally the prosecuting attorney, brings before the grand jury a Mil of indictment, which is a written accusation against some person, charging him with a crime. The jury then sum- mons the witnesses, none in favor of the accused being here allowed, and the examination is conducted in secret. If twelve of the jurors vote that there is sufficient evidence of guilt to warrant a trial, the foreman of the jury writes across the bill of indictment " a true bill," and sends it to the court; if, on the contrary, the evidence is insufficient, he writes ^^not a true bill" or "not found," and there is an end of the matter. Sometimes a grand jury, from their own knowledge or obser- vation, charge a person with an offense. This is called di, present- ment. But the prosecuting officer must afterward frame a bill of indictment before the accused party can be brought to trial. 5. Tlie Petit Jury. — This is the trial jury. In all the higher courts it consists of twelve men, and in justices' courts of six. At every term of court, petit jurors are summoned to JUDICIAL DEPARTMENT. 87 serve during that term, wliicli usually lasts one or two weeks. They listen to the testimony on both sides of a case, and then render a decision; but the members of a trial jury must unan- imously agree before a decision can be reached. 6. Selection of Jurors. — Both juries are drawn by lot by the proper official, and the list of names from which the jurors are selected is made according to the State laws, which laws yary in the different States. Generally the authorities of every city and town, or sometimes county, put into a box the names of all persons w^ithin such city, town or county as are qualified to serve as jurors by the State laws; and names are then drawn from the box. If both grand and petit jurors are wanted, usually the first twenty- three drawn are summoned as grand jurors, and those that follow as petit jurymen. As a general thing, enough petit jurors are drawn to supply two or three juries; for some may be prejudiced concerning particular cases, and objections w^ill be made to their serving on those trials; while others may not be able to serve, and will be excused by the judge. 'No one is called upon to discharge this duty, which is many times very burdensome, of tener than once in a certain number of years, usually three. 7. Duty of Jury Service. — It is difficult to obtain a well qualified jury. The duty of a juryman is often tedious and slightly paid; and many men, rather than leave their private business, pay a fine, or are^ excused by the judge for trifling reasons. This often leaves the work in the hands of idle, ignorant, and unprincipled men, who are glad to serve for the small sum paid; and these men decide many of the important cases in court. Such juries are easily bribed, and no one is sure of justice when they are serving. This has come to be so great an evil that many think it would be better to do away with juries entirely, and leave cases to be decided by honest judges. The trouble, however, is not with the system itself, for the history of all nations proves the jury to be the fairest and least corrupt of any system of trial ever used. It is tlie carelessness and neglect of the people themselves that have brought it to its present ill repute. It is plainly the duty of the citizen to serve as juror when summoned. 88 CIVIL GOVERNMENT OF THE UNITED STATES. III. The Writ of Habeas Corpus. 1. Its Orig-in. — Magna Charta provided that no person should be imprisoned unless by the legal judgment of a jury of his peers. Yet, by the king's warrant, persons were still sent to prison and kept there without help. But Parliament- after a time passed the famous Habeas Corpus Act, which effectually remedied this evil. 2. Definition. — A lurit is a written instrument issued by a court, commanding a person to do some particular thing therein specified. Formerly all the writs of England were in Latin and the words habeas corpus are Latin words, signifying *^you may have the body." A writ of habeas corpus is a writ, issued by a judge having competent authority, commanding the officer or any other person who holds some one named therein in custody, to bring such prisoner in person before the court at a certain time and place, with the cause of his imprisonment. 3. When Used. — It may happen that a person is unlaw- fully arrested and imprisoned for alleged crime, or that some one is locked in a room, or that a child is unlawfully kept in custody. In such cases the prisoner, or anyone acting for him, may apply for a writ of habeas corpus, and thus obtain a hearing before the court, and have the charges against him examined. If the court, upon investigation, considers the im- prisonment illegal, it demands his discharge; otherwise he is sent back to prison. This proceeding does not determine whether a person accused of crime is guilty or innocent, but simply whether he is legally deprived of liberty at the time of inquiry. 4. Its Importance. — The writ of habeas corpus is the most famous writ in the law, and is considered the greatest security of personal liberty known to our institutions. It has been enacted among the laws of every State; and so important is it considered, that State constitutions many times contain pro- visions prohibiting the suspension of its privilege, except in cases of rebellion or invasion. The absence of such a law in other governments has been, and is now, one of the chief sources of despotism. Kings and their ministers and other officials can then imprison any man without cause, and keep him in confinement at their pleasure. JUDICIAL DEPARTMENT. 89 JUDICIAI^ DKPARTMKlSnr, Continued. I. Cases at Law. All cases at law are divided into two classes, civil and criminal. 1. Civil Cases. — These are cases in which one person prose- cutes another for the enforcement or protection of a right, or the redress or prevention of a wrong. If one person sues another for debt, or for damage to property, or for slander, the action is civil. 2. Criminal Cases. — In criminal cases one party to the suit is the State, and action is brought m order to punish some one for a criminal offence. Offences that imperil life, liberty, health, property and reputation are crimes, and are considered as offences against the government, because they endanger the public peace and welfare. The higher offences, as murder, arson, burglary, etc., are always called crimes; while offences of a much less degree of guilt, although really crimes, are called misdemeanors. II. The State Courts, a court consists of a judge or judges sitting on the bench, for the purpose of administering justice. The courts of the different States vary so greatly as to name and j^owers that it is possible to give only a very gen- eral discussion of them here. 1. Justice's Court. — This is the court of greatest antiquity in the land. It corresponds to the ancient court of the hun- dred ; and in some States, as Delaware, the name hundred still remains. It is also the humblest court. There are usually several Justices of the Peace chosen annually in each town or similar division, and each presides in a court of his own, where he hears and decides cases at law. In this court are tried civil cases in which the value in dispute is small; in some States it must be less than $50, and in others $100, and still others $200; also persons are here tried who have committed petty offences. Oases may be appealed from this court to higher courts, as far as tlie law will allow. 90 CIVIL GOVERNMENT OF THE UNITED STATES. 2. Circuit Courts. — For judicial convenience every State is divided into districts, each usually comprising several coun- ties. In each district a court is held, called a circuit or district court; and in some States it corresponds to the superior court. They are called circuit courts because the law usually requires the court to be held once or twice a year in each county of the district, and the judges thus have to travel from one county to another. In these courts the great majority of our trials are held. They have original jurisdiction of nearly all classes of cases, botli civil and criminal; which means that such cases may originate or be commenced in these courts. They may also hear appeals from lower courts, or, in other words, have ajjpellate jurisdiction in such cases. 3. Probate, Orphans' or Surrogates' Courts. — These courts settle the estates of deceased persons. There is usually one in each county, consisting of a single judge. They take proof of wills and empower the executor to act. The executor is the person named in the will to carry out its i3rovisions. When no will is left, these courts appoint an administrator ^ who distributes the personal property among the heirs, but who has no jurisdiction over the land owned by the deceased. These courts have special care of the estates, of minors whose parents are deceased; and guardians are appointed by them. They decide disputes arising over the settlement of estates; and they have power to remove an executor or administrator who is unfaithful in the performance of his duties. Cases may be appealed from these courts to the Su|)reme Court, and sometimes to the Circuit Courts. 4. Supreme Court ; Court of Appeals. — The highest court in each State, of which there is only one, is usually called the Supreme Court. In some States, however, the highest tribunal is called the Court of Appeals. This court is presided over by a chief justice and associate judges. It seldom has original jurisdiction; but cases both civil and criminal are appealed to it from the lower courts. It interprets the con- stitution and laws of the State, by deciding how the law applies to. particular cases; and the lower courts must follow JUDICIAL DEPARTMENT. 91 its decisions. The clerk of this court keeps an elaborate record of its proceedings, which are published for the benefit of the lower courts and of attorneys. 5. Court for the Trial of Impeachments.— When a pub- lic officer is accused of corrupt conduct in office, as bribery, treason, or other offence, then it is the duty of the lower house of the State Legislature to examine into the case. If they find sufficient evidence to warrant a trial, they imfeacli him; that is, they make a formal charge against him, which amounts to the same as an indictment. The senate then, following the nsual proceedings of a court, tries the offender. When trynig these cases, the senate is called the court for the trial of im- jjeachments. The method of impeachment and its trial is fully given hereafter in connection with the National Legislature. 6. Other Courts. — There are also various other courts ■existing in the different States. 1. Police courts are often held by police judges in the cities; ^nd in the large cities there are generally other city courts. 2. Courts of sessions and courts of oyer and terminer have jurisdiction in criminal cases. 3. County courts or courts of common pleas are higher than justices' courts, and have jurisdiction in civil cases. 4. Courts of chancery or courts of eciuity exist in a very few States. They have jurisdiction in certain cases in which other courts in the State have not. III. ELECTIONS, Terms and Salaries of Judges. The judges of the State courts are either elected by the people or the Legislature, or are ajDpointed by the governor with the approval of the State senate. Their terms of office vary. In the higher courts they are from two to twenty-one years, though in a few States the higher court judges hold office for life or until seventy years of age. Their salaries are fixed by law. IT. Proceedings in a Civil Case. 1. Summons. — The court, at the request of the plaintiff. or party bringing the suit, issues a writ, which is served upon the defendant, or party defending the suit, summoning him 92 CIVIL GOVERNMENT OF THE UNITED STATES. to api3ear in court. He may, instead of appearing in person,, have his attorney or counsel file a notice in the clerk's office* But, in case he does neither within a certain time, the plaintiff may take judgment and have it executed at once. 2. Pleading's. — If the defendant appears, either in person or by the action of his attorney, the plaintiif then serves or files his written complaint , and the defendant serves or files his written ^j/ert or ansiver. These papers are called tlie plead- ings. The court examines them, and, if the facts set forth in the two papers agree, it makes a decision without the form of a trial. Otherwise a trial is necessary to settle the dispute. 3. Jury. — By mutual consent of the parties the trial may be had before the court alone; but, as in many cases either party may demand a trial by jury, most cases are so tried. From among the petit jurymen summoned to that term of court, twelve are chosen by lot for each particular case as it comes on for trial. 4. Trial. — Either 23arty may summon the other to trial as soon as tlie pleadings are filed or served; and, if either fails to apjDear at the trial, the other may have judgment against him. Witnesses are compelled to come by subpoenas or writs issued to them by the court, commanding them to attend, under heavy penalties if they do not. Every trial is presided over by a judge. The plaintiff's counsel opens the trial by stating what the case is, and then passes on to the examination of the witnesses on his side. The defendant's counsel has the right to cross- examine any of these witnesses as the trial goes on. The defendant's counsel then j)roceeds in the same manner, after which he makes an argument or sums up his side of the case. The plaintiff's counsel closes with his argument. If the trial is by jury, the judge then charges them, briefly going over the case and instructing them concerning the law as it applies in that case. 5. Verdict. — After the charge the jury retire to the jury room for secret consultation. They are then not allowed to communicate with anyone save the judge. If they cannot JUDICIAL DEPARTMENT. 93 agree, they are discharged, and a new trial may be had. If they find a verdict, the foreman of the jury, upon their return to the court room, so informs the court. Usually the jury fixes the amount of damages, and this is named in the verdict. 6. Judgment, — After the verdict of the jury, or the decis- ion of the court, if not a jury iY\2i\, judgment is filed or recorded. A part of this judgment is the sum of money allowed the suc- cessful party for the costs, or expenses of the trial. 7. Appeal. — If the defeated party thinks there has been an error of any kind in the trial, he may apply for a new one; and, if this is not granted, he may appeal the case to the next higher court. This court simply examines the proceedings of the lower court in the case, and, if no error is discovered, it affirms the judgment. But if even a slight error is discovered, it reverses the judgment and grants a new trial, which is con- ducted in the same manner as the first. In many cases, if either party then desires, he may appeal to a still higher court, and so on as far as the law allows. The great majority of cases at law begun in the State courts cannot be appealed to United States courts, but must be finally settled by the judiciary of the State. The decision of the Supreme Court of the State is final, except in a certain class of cases named in the Federal Constitution. 8. Execution. — The carrying out of the judgment of the court is the execution. If a person does not jmy the judgment obtained against him, the sheriff, by writ of execution from the court, seizes and sells his property to the amount of the judgment. Certain property, as household goods, laborer's tools and clothing, cannot be thus sold. Formerly the debtor could be imprisoned until he paid the judgment. But this remedy has been universally abolished by the States, except in certain cases, such as fraud, libel, assault, etc. Y. Proceedings in a Criminal Case. 1. Arrest and Examination. — It is usual in criminal cases, when the escape of the accused person is feared, not to await the action of a grand jury, but to have a complaint sworn 94 CIVIL GOVERNMENT OF THE UNITED STATES. to before a justice of the peace or other magistrate upon which such officer issues a warrant for the offender's arrest. The person is then brought before the magistrate issuing the warrant and an examination of the case is made. If in the mind of the magistrate the evidence is sufficient to make a trial justifiable, he commits the offender to jail to await fur- ther action. 2. Bail. — If the crime is not punishable by death, the arrested person may give hail. To do this a bond must be given, by which certain persons agree to pay the State a sum of money named therein, if the accused does not appear when wanted. The prisoner is then released; but he is in the cus- tody of his bondsmen, who, when provided with proper legal instruments, may arrest him in any State whenever they think best. 3. Habeas Corpus. — If, however, the prisoner is not out on bail, he may apply for a writ of liaheas corpus. 4. Inclictment. — Then follows the indictment by the grand jury, unless the offense is a petty one and not indictable. Often this is the first action in a criminal case, no arrest of the offender being made until after the indictment by the grand jury. 5. Trial. — If the prisoner has no counsel, the State fur- nishes him one, and the trial proceeds very much as in civil cases; though first the prisoner is called upon to answer the charges in the indictment. If he pleads guilty, he is at once sentenced; but if he pleads "not guilty," the trial proceeds. He has the right to a trial by jury in most cases. TAXATION. 95 TTAXATION. I. Its Necessity. It is a self-evident fact that the exist- ence of any government depends in large measure upon its power to command the necessary means of support. It will be remembered that one of the greatest defects of the Confedera- tion was its inability to raise such funds. In this country there are officers of the Nation, State, county, town and dis- trict to be paid salaries; there are public buildings to erect and keep in repair, as the National Capitol, buildings of the National departments, State-houses, custom-houses, light- houses, court-houses, jails, and numerous others. The money needed for all this outlay must be raised by taxation, and the government does this by demanding of each taxable inhabitant a certain sum, regulated by law. As the government protects the property and persons of its citizens, justice demands that the citizens in return assist in supporting the government. II. Kinds of Taxes. Taxes are raised directly or in- directly. Herein lies the great difference between the National tax and the State tax. The Nation is supported almost entirely by indirect taxation.* Only in exceptional cases has the Federal government levied direct taxes, while the States raise nearly their entire income by direct taxation on person and property. 1. Direct Taxes. — These are taxes paid directly to the government as taxes, and are of two kmds, 2^oll and jjrop- erty tax. 1. Poll Tax.—^omQ States levy a tax on every male citizen over twenty-one years of age, and others on every voter. This * During the war of the rebellion the Federal government imposed a direct tax called an income tax, as a war measure. Again, in 1894, Con- gress passed a bill providing for a tax of 2 per cent, on all incomes in excess of $4000. Certain important provisions of this law were declared unconstitutional by the U. S. Supreme Court. 96 CIVIL GOVERNMENT OF THE UNITED STATES. is called s^jjoll or cajntation tax, because it is a certain sum on eYerj poll or head. In general, this kind of taxation is unjust and oppressive, for it places the same burden on the man who does not own a dollar of property as on the millionaire. Some constitutions expressly forbid this tax; others are silent on the subject, leaving the matter to the discretion of the Legislature; while still others limit the amount of the tax to a small sum, $1.00 or $1.50. In all cases where this method of taxation is used, the amount demanded of each individual is small. 2. Property Tax. — It must be plain to every intelligent mind that, in the matter of taxation, justice can only be had by taxing each person according to his ability to pay; that is, in proportion to the property he owns. This kind of tax is called m property tax, and is the principal source of income to the State and its subdivisions. Both real and personal pro2> erty are subject to taxation, but a large proportion of the tax falls upon real estate. This is chiefly due to the inability of the assessor to discover how much personal i^roperty each one owns. 2. Indirect Taxes. — These taxes are so called because they are not paid directly to the government as taxes, but are in- cluded in the prices paid for goods. A merchant purchases a quantity of silks in France and brings it to this country to sell. When the goods arrive m port, our government, through its custom-house officials, demands a certain legal sum from him, called a duty. This sum goes toward the support of the National G-overnment. The merchant, m selling his silks, adds to the price which would otherwise have been charged, a sum sufficient to cover this duty; and thus indirectly his cus- tomers pay the National tax. The government lays a tax on the manufacture of liquors and cigars; the manufacturers then add enough to the price of their goods to cover this sum, and again the consumers indirectly pay this tax. The States themselves are expressly forbidden by the United States Constitution to lay taxes on imported or exported goods. The National Government alone possesses this power. But the States collect some indirect taxes, under the name of licenses for carrying on certain kinds of business, as that of selling intoxicating liquors. TAXATION. 9Y III. Taluation of Property or Assessment As the income of the States is raised almost wholly by direct property taxation, we shall now deal only with this kind of tax. In order that each person may be taxed in proportion to the property he owns, it is necessary that a proper valuation be made of all the taxable property. This work is the duty of the assessors, whom we have already mentioned. They\are required to make a list of all taxable persons in their respective towns or districts, together with the estimated value of each one's taxable property. The custom is to fix this valuation lower than the full market value of the property. It is quite important to every person that his property be not valued higher than that of others; and, if any person thinks the assessed valuation of his property too high, he may go before the assessors and ask to have it reduced. On account of the difficulty in ascertaining the amount of each one's personal property, some States require taxable per- sons to furnish lists of all their taxable i^roperty. The assessors may then require these persons to make oath that they have given a true report of their property and its value. IT. Exemptions. There are certain kinds of property which are usually exempt from taxation. In general, these are the public property of the State, county and town; ceme- teries; public school buildings and churches with lands attached; charitable institutions; and a certain part of one's personal property, as the tools and utensils of laborers. In some States scientific and literary property are exempted. y. Apportionment of Taxes. When the assessors have estimated the value of all the taxable jjroperty in every town of the State, the next step is to discover what amount of tax each town must pay, in order to find out its rate of taxation. The tax which each town must ^aj is made up of three parts: the sum needed to pay the expenses of the town for the current year, that jDart of the county tax which the town must pay, and the town's share of the State tax. The valuation of the entire taxable property of each county is sent to the State auditor or comptroller, who from it estimates what part of the State tax each county must pay, and informs the county com- 98 CIVIL GOVERNMENT OF THE UNITED STATES. missioner or board of supervisors what that sum is. These county officers then add this sum to the tax which the county must raise for county expenses, and apportion the whole sum among the different towns of the county, according to the value of the taxable property of each, notifying the officers of each town what that town's share is. The town officers then add to this sum the tax to be raised for town purposes, and the result is the whole amount, of tax to be raised by the town. This sum is divided among the taxable inhabitants of the town, in proportion to tlie assessed value of their property. In cities and villages there is also a tax to be raised for the city or village expenses, and this must either be added to the other tax, or, as is usually the case, separately assessed and collected. In our country the State tax is usually much less than the town and county tax. The taxes in cities are very much greater than elsewhere. YI. Collection of Taxes, in many of the states the town collector collects all the taxes for town, county and State;, in others, the county collector makes all collections. "VYhen the town collector receives the taxes, he pays them over to the town treasurer, who deducts the amount of the town tax and sends the remainder to the county treasurer. He, in turn, takes out the county tax, and remits the balance to the State treasurer for State purposes. YII. Tax Sales. The law specifies a certain length of time in Avhich taxes shall be paid. If anyone neglects to pay his tax withm this time, a fine or penalty is added. If he still refuses to pay after a further specified time, his 2:)roperty, if personal, is seized and sold at auction, or he is sued in the usual way. If his tax is on real estate, the property is sold at auction to someone who will pay the tax and expenses incurred; and a tax title to the property is given the purchaser. The former owner then has a right to redeem the property within a certain time fixed by law, usually two or three years, by pay- ing the purchaser what he paid for taxes, with interest. The purchaser cannot take possession of the property until after the time for redemption has expired. This description of the method of taxation applies to a great number of the States, but in others it varies in numerous details. EDUCATION. 99 EDUCATIOjNT. I. Its Importance. An ignorant people cannot cany on sell-government successfully. Monarcliial and aristocratic forms of government may be better maintained by keeping their subjects in ignorance; but for the continuance of demo- cratic institutions, the education of the citizen is a necessity. Much of the prosperity of our Republic is due to the system of common schools established by every State in the Union, at which the children of all may be taught at the public expense, thus giving the children of the poor an equal chance with those of the rich for acquiring an ordinary education. II. Support of Public Schools, 1. Aid of Federal Government. — Neither the Articles of Confederation nor the Constitution granted the General Government any authority in regard to a system of education in the States; but it early recognized the necessity of such work, and has always found ways and means to assist greatly in the educational advancement of the people. Besides the grants for the benefit of public schools, universi- ties and colleges, described in the tenth lesson, at various other times gifts of land and the proceeds of the sale of swamp and overflowed lands have been granted the States by the National Government. Of these gifts a great part has gone into the States' educational funds. In 1836 a surplus fund of about thirty million dollars had accumulated in the National treasury. By an Act of Congress this fund was distributed among the existing States, nearly all of whom appropriated their shares for the support of schools. 2. State Support. — The newer States of the West, being public-land States, have shared to a much larger extent in these land grants than the original States; but many of the latter have added the proceeds of the sales of State lands to the moneys received from the Federal government for a school 100 CIVIL GOYEK^MENT OF THE UNITED STATES. fund, SO that every State in the Union has its system of free common schools. The interest of these funds is distributed among the schools of each State, usually in proportion to the number of school children. But this is only a small part of the money needed to carry on the system of public instruction; the large part must be raised by taxation. In some cases the State levies a tax for this purpose and apportions it among the schools. 3. Local Support. — In other cases the counties or towns levy a. school tax, which is added to the State appropriations. Generally the township is divided into school districts, each one containing a common, district or public school, to which all the children of that particular district may go free of expense. Each district then raises by taxation an amount sufficient to cover all school expenses not provided for by other appropria- tions. III. Public Schools of the State. 1. Ung-racled Schools. — The country common schools are very seldom graded; but as regards the ages of the great major- ity of pupils attending them, and the branches of study therein taught, they are the same as the mixed lower grades of the vil- lage and city schools. 2. Graded Schools. — The public schools of villages and cities are divided into three principal grades, and these are usually subdivided: 1. Primary Schools. — Where the youngest pupils are tauglit. 2. Grammar ScJiools. — Where pupils from nine to fourteen or fifteen years of age are taught the ordinary English branches, and sometimes the higher branches. The great body of schools of this country are of these lower grades. 3. HigJi Schools. — Where studies are taught adapted to a general education, besides, many times, higher mathematics and the languages. These schools are found only in the cities and larger villages. 3. State Universities. — The State universities differ widely in the different States. In some of the Southern and younger Western States, they have very simple courses of study; while EDUCATION. 101 the state Uniyersity of Michigan, at Ann Arbor, and some of the other State universities, rank high among the educational institutions of the Union. 4. State Agricultural Colleges.— For the encouragement of agriculture and the mechanic arts, colleges have been estab- lished by many States with the gifts from the Federal govern- ment for that purpose. 5. State Normal Schools. — Only in comparatively recent times has the public come to realize the fact that, if the State is to educate its citizens, it ought to provide competent in- structors. Massachusetts was the first to establish normal schools for the free instruction of teachers, and most of the other States have followed her example. Persons taught at these institutions must serve as teachers in the common schools of the State for two or three years. IT. Federal Goyernment Schools, in addition to the aid given to the States by the Federal government, schools are maintained at its own expense as follows: 1. A military academy, at West Point, N. Y.^ for the educa- tion of army officers. 2. A naval academy, at Annapolis, Md., for the education of naval officers. 3. A college for deaf mutes, at Washington. 4. A school for instruction in the Signal Service, at Fort Whipple, Va., near Washington. 5. Common schools at the various military posts of the country. 6. Schools for the education of the Indians, at Hampton, Ya., Carlisle, Pa., Salem, Ore., Santa Fe, N. M., and other places. T. Endowed Institutions of Learning. The largest part of the work of higher education, however, is done in insti- tutions established by private enterprise — colleges, seminaries, universities, and professional schools. Our most famous insti- tutions of learnmg belong to this class. They receive no aid from the State or communities, but their property all comes from gifts or legacies. 102 CIVIL GOYEKNMENT OF THE UNITED STATES. Many academic, grammar and high schools are likewise maintained by private benevolence. TI. School Officers. 1. state Superintentlent. — In nearly all the States there is a superintendent of puUic instriiction, who has general over- sight of the educational work of the entire State. He collects information concerning the schools; the amount of money expended yearly upon them; the number of teachers employed; the number of children residing in each district, and the num- ber attending the schools; and various other important mat- ters. He then rej^orts to the Legislature at every session the information collected, and suggests such improvements in the school laws of the State as he thinks advisable. 2. County Superintendent. — Many States have county superintendents of scliools, called also county school commission- ers and county exami^iers. Their work is an important element in the system of education. They visit the schools of the county and advise the teachers in regard to their work; they examine teachers and issue certificates; and they hold associa- tions and institutes for the instruction of teachers. In some States they decide disputes arising under the school laws, and sometimes distribute the school revenue. They make an an- Tiual report to the State superintendent of the condition of the .schools under their charge. 3. City and Village Superintendents. — Often, in the large villages and cities, superintendents are appointed who have charge of grading the schools; adopting a system of jDro- motion from one room to another; planning the work of the teachers and the courses of study; introducing new methods; and advancing the interests of the schools in all j^ossible ways. 4. The School Board. — In nearly all cases the local man- agement of schools is placed in the hands of a hoard of direct- ors, a committee, or trustees. Sometimes this board is com- posed of the directors chosen by the several districts of the township or the several sub-districts of a city, the members acting as agents of the board in their respective districts. Or EDUCATIOIiT. 103 when the city is not cliTided into snb-districts, a board is chosen at large to manage all the schools witlii'n the city limits. In other cases each school has an independent local manage- ment, carried out by a board of its own, or by one or more trmstees. Village and city schools almost universally have a government separate from the country schools. These boards appoint and discharge teachers; pay their sala- ries; determine the length of the terms; have charge of the school buildings; supply fuel and apparatus; sometimes fur- nish text-books to pupils; and establish rules for the govern- ment of the schools. 5. Bureau of Education, — The Interior Department con- tains a ^"ational Bureau of Education, established by Congress in 1867. The business of this bureau is to collect and publish educational information; to point out the best methods of instruction; to show where schools are needed; and to act as a means of communication on such subjects between the differ- ent States of the Union, and between this country and foreign nations. Til. Compulsory Education. In a few States there are laws compelling every child between the ages of seven and fourteen years to attend school for a certain portion of each year. In some of these laws there is a clause prohibiting man- ufacturers and others from employing children, between the ages of ten and fourteen, who have not, within the preciding year, attended school for the number of weeks required by law. Till. Religion in the Schools. No State gives any religious denomination footing in its public schools. The religious instruction of children is left to the church itself, and the education of the clergy to theological seminaries founded by the different denominations. There has been much trouble and controversy over the sub- ject of opening schools with religious exercises, some claiming to be wronged by the use of the Protestant translation of the Bible. On this account devotional exercises have been done away with entirely in some schools, and very much restricted in others. But the end of this controversy has not yet been reached. 104 CIVIL GOVERNMENT OF THE IGNITED STATES. F^UBLIC INSTITUTIONS. I. Charitable Institutions. It is fitting that a goY- eniment, wjiich has for its only object the welfare of the people, should protect and care for such of its helpless and unfortunPute citizens as are unable to care for themselves. Every State in the Union has institutions for some or all of these classes of unfortunates, the pauper, the blind, the deaf- mute, the inebriate, the insane, the idiot, and the juvenile criminal. 1. Poor Houses. — One of the most troublesome problems with which a government has to deal is that of rendering needed assistance to the poor, without fostering habits of idle- ness and vice. Our State governments assume that every per- son will support himself if able to do so, and, if not, our laws require that certain near kinsfolk support him, if they are able. Otherwise it becomes the duty of the government to take the matter in hand, in which case the policy is followed of having paupers supj^orted by the community where they resided when their disability arose. In many States the care of the poor is given over wholly, or in part, to the township, which then hires its j)aupers ke23t by responsible persons, or pays for their keeping at some public institution of the kind owned by the government.- Often the county, instead of each townshi]!, has charge of a home and farm, where paupers from the whole county are sup- ported, either entirely at the expense of the county, or by each township paying for the supjDort of its paupers. 2. Insane Asylums. — There are many insane peoj^le in a State who are unable to pay their expenses at private hospi- tals. As they need special care and skilled medical treatment, the State establishes institutions where they may receive these, either at the public expense, or that of near relatives able to pay. Counties, towns and cities often maintain institutions, of this kind. PUBLIC INSTITUTIONS. 105 3. Other Asylums.— The State also has asylums for orphan children, idiots, deaf-mutes, the blind, and inebriates, where, many times, special educational instruction is furnished, as well as support and medical aid. There are, besides, similar institutions supported by counties, towns and cities. 4. Reform Schools.— Many States establish institutions for the correction and education of youthful criminals. 5. Federal Institutions. — The United States government maintains homes and hospitals for disabled seamen and soldiers, and an asylum for insane soldiers and for the insane of the District of Columbia. II. State Prisons. The state maintains prisons for the confinement of criminals convicted of the higher crimes. The county jails and penitentiaries are for the lower grades of criminals. In most States the prisoners are compelled to labor, by which means many prisons are rendered self-sup- porting. III. Highways. Eoads are a necessity, and one of the duties of the government is to make suitable provision for them. The State has the right to take anyone's property for public use, on paying its value, whether the owner consents or not. This is called the right of eminent domain; and the government exercises this right by taking lands for public roads. Nearly always the counties or towns, by the authority of the State, locate and maintain the roads; though sometimes the State itself does this in cases of the most important ones, which are then called State roads. The National government has power by the Constitution to establish post-roads, and often exercises it by appropriating money for bridges and other necessary improvements. IT. Canals. New York, Pennsylvania and Ohio have many canals, while some States have few, and others none. Very often private corporations establish and maintain canals; but they are sometimes constructed by the State and managed by State officials. In such cases the State usually sets apart a fund, the income of which is used for this purpose; while the United States government adds to this fund by appropri- 106 CIVIL GOVERNMENT OF THE UNITED STATES. ating public lands for the cause. This is done because the canal is a benefit to all the people of the Nation as well as the people of the State itself. Land for canals is also acquired by the right of eminent domain. To B-AILROADS. Eailroads are usually the work of private enter2:)rise, but are aided by the State in many ways — by the loan of moneys, grants of public land, etc. As in the case of highways and canals, the State compels the surrender of neces- sary property, or gives to the railroad company the power to do so. The State generally exercises some control over railway and canal companies, banks and insurance comjjanies, and other corjoorations having large powers and privileges. This is done in order to prevent any fraud or injury to the public through them. Certain officers are required to have supervision over such corporations, to collect information in regard to their property and business, and have this information published. YI. State Debts. It very often happens that towns, cities, counties and States undertake some public work requir- ing a large amount of money. To raise these funds at the time when needed would make the taxes so high as to be exceedingly burdensome to the people. Many of the works, also, as public buildings, water-works, canals, etc., may be of as great benefit to the people of later years as to those living at the time the work is done, and it seems but just that the burden should be distributed among those deriving the benefit. In order to do this, the government borrows the necessary money ^and issues bonds for its indebtedness, the same as an individual gives his note for borrov/ed money; and then the interest and the bonds themselves are paid gradually by the people. We have seen that counties, towns, and cities, being corpo- rations, may be sued in the courts as natural persons, if they d.0 not pay their debts as they agree; but a State, as we shall see hereafter, cannot be forced to pay its debts by private indi- viduals. It has even happened that several States have refused to pay some of their debts, or as it is called, reinidiated them; and in such cases the bonds are only so much worthless paper. PUBLIC IXSTITUTIOXS. 107 Til. Militia. It is the policy of desi^otic governments to maintain large military forces, for keeping their subjects in a state of subjection, and resisting the attacks of foreign ene- mies; but the people of free governments do not favor the keeping of large standing armies in times of peace. The geo- ^•raphical position of our country, separated as it is, by the oceans, from all the powerful nations of the earth, helps to do away with the necessity of large armed forces. Our Xation has but a small standing army, and the States have none; the only military organization they possess is a viilitia. This con- sists of all the able-bodied men between certain ages, eighteen or twenty-one to fortj'-five years, who are residents of the State, and are not exempt by the laws of the State or Nation. Generally persons exempt by the State laws are members of the State legislative, executive and judicial departments, clergy- men, physicians, teachers, firemen, members of military com- panies who have served a certain length of time, and in many States those who have conscientious scruples concerning war, as the Quakers. Persons exempt by N"ational laws are mem- bers of the three departments of National Government, 23ilots, mariners, and some others. When the militia of any State is organized, it is divided into brigades, regiments, companies, etc., with the usual officers over the divisions, adjutant-generals, colonels, captains, etc., while the governor is commander-in-chief; but, as a matter of fact, the militia of most of the States remains practically unor- ganized. The militia may be called out at any time by order of the President, and it then passes out of State control and under that of the United States. 108 CIVIL GOVERNMENT OF THE UNITED STATES. INTATIOXAL Goveristment. T^V^KKTrY-KOURTTH: LKSSON. PRKAIMCBLE, AND CONGRKSS IN GKNKRAL. CONSTITUTION OF THE UNITED STATES. Preamble. We, the people of the United States, in order to form a more perfect union, establish justice, insure domestic tranquility, provide for the com- mon defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Con- stitution for the United States of America. ARTICLE I. — Legislative Department. Section 1. — Congress in General. All legislative povy^ers herein granted shall be vested in a Congress of the United States, vs^hich shall consist of a Senate and House of Repre- sentatives. I. The Preamble. The introductory sentence of the Constitution, which is usually called the i^recmible, is an im- portant part of the instrument itself. The preamble of a stat- ute or law is the introduction containing the reasons for mak- ing the law, and the purposes for which it is intended. The preamble of the Constitution contains more than this; it names the authority which therein expresses its will, '^'^We, the peo- ple of the United States;" it sets forth the aims and j)urposes of the law-givers in six concise statements; it gives a name to the expression of will, a '^ Constitution;" and it declares upon whom it is to be binding, " The United States of America." The Authority. — The Articles of Confederation were merely a compact or agreement between the States as separate and independent governments. The Constitution is an agree- PREAMBLE, AND CONGRESS IN GENERAL. 109 ment by the iKoph, the whole people of the United States, united under one National Government. They are the only source of authority, the sovereign power. Aims of the Coj^-stitution.— The purpose of the Consti- tution was to remedy the defects which existed under the Con- federation. It was therefore intended by this method of gov- ernment: 1. To Form a More Perfect Union.— That is, a more perfect union than the very imperfect one which had existed under the Confederation. 2. To Estabiisli Justice. — The failure of the government of the Confederation was due in great part to its inability to establish justice. Under it there v/as nothing in the shape of a National judiciary. Its home measures were unheeded by the individual States, and its treaties with foreign nations were broken by them; while the injustice that prevailed, on account of the unrestricted power of the States to enact and enforce whatever measures seemed to them desirable, con- stantly threatened to involve the country in general war. Un- less justice could be established under the new government, the final dissolution of the Union was certain. 3. To Insure Domestic Tranquility. — After the years of domestic contention that had followed the War of the Eevolu- tion', tranquility among themselves was one of the great objects to be desired by the people. 4. To Provide for the Common Defense. — The Con- federate Congress had no power to provide means for the defense of the country. The framers of the Constitution knew that this must be remedied, as a nation unprepared for war, by reason of its v/eakness, is liable to constant attacks from foreign nations. 5. To Promote tlie General Welfare.— This is the duty of every government. It had been well demonstrated that the individual States could not secuie this object; that it required the resources of a strong national government to successfully regulate those affairs, which concerned the people of the coun- try at large. 110 CIVIL GOVERNMENT OF THE UNITED STATES. 6. To Secure the Blessings of Liberty to Ourselves and Our Posterity.— This was the most important object of all. It was for this their fathers had colonized an unknown, country, and it was for this they themselves had waged a seven years' war with England. And not only did they desire it for themselves, but they were working to secure it to their posterity. II. Legislatiye Department. 1. Its Importance. — Although the three departments into which our National government is divided are equal in rank, and each supreme in its own particular sphere, yet in many respects the legislative is the most important. Here rests the greatest power of all — that of making the laws for the whole IJnited States. Here the people express their will, by adopt- ing, through their representatives, those measures which are to govern themselves. Its work must necessarily precede that of the other two departments, for laws must first be made, before they can be interpreted or executed. 2. Its ;Nanie. — The people of the country had long been familiar with the name of Congress, for by that name they had called the body which had constituted their general gov- ernment so many years. This name was now given the legis- lative department of the new government. 3. Its Composition. — The Congress of the Confederation consisted of but one house. It was proposed that the National Congress be composed of two houses, in order that each might act as a check on the other, thus preventing hasty or dishonest legislation. Moreover the English Parliament consisted of two houses, the House of Commons and the House of Lords, and this served somewhat as a pattern. It will be remembered that in the Confederate Congress the States had equal power. Naturally enough, the small States were reluctant to yield this advantage, and insisted that the representation in the National Congress should also be by States, and equal; while the large States were determined to have the power distributed according to the wealth and popu- lation, or the population alone. But, after mach discussion. PREAMBLE, AND CONGRESS IX GENERAL. Ill the matter was compromised by combining both methods. The Senate was to represent the States, and the House of Rep- resentatives the peoi^h. In the upper house the representation should be equal, large and small States the same; in the lower house it should be in proportion to the population. 4. Its Place of Meeting.— The Capitol at Washington was erected for the use of the National Legislature, and it is there that Congress holds its sessions. This bailding is of white marble, and stands on an eminence overlooking the city and the Potomac River. At first the Capitol was much smaller than now. The present central portion was the original build- ing, and contains the old Senate Chamber, now used by the Supreme Court, and the old Hall of Representatives, now occu- pied by the statues of many of our great men. Over this cen- tral part rises the great dome, surmounted by a bronze statue of Liberty. Two immense wings have been added, one on either end, the southern containing the present great Repre- sentatives' Hall, and the northern the Senate Chamber. Both these chambers are entirely surrounded by vestibules and other rooms, and do not open outside, but are lighted by ceilings of glass. There are also many smaller rooms and offices neces- sary for the use of Congress. The interior of the Capitol contains much beautiful work- manship and many objects of interest; stair cases and pillars of the various marbles of the country, frescoed ceilings, fine works m bronze, and pictures representing National scenes, many of which are hung in the great rotunda under the dome. On one of the lower floors, near the center of the building, is a white marble star, which marks the meridian of Washington, the meridian from which we reckon longitude in this country. 112 CIVIL GOVERNMENT OF THE UNITED STATES. T^^KNTY-KlKTPH LKSSON, HOUSE OF^ RKPRESENTATIVES. Article I; Section 2. — House of Representatives. 1. The House of Representatives shall be composed of members chosen every second year by the people of the several States; and the 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 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 apportioned among the several States which may be included within this Union, according to their respective members, which shall be determined by adding to the whole number of free persons, including those bound to service for a' term of years, and excluding Indians not taxed, three-fifths of all other persons. The actual enumeration shall be made within three years after the first meeting of the Congress of the United States, and within every subsequent term of ten years, in such manner as they shall by law direct. The number of representatives shall not exceed one for every thirty thou- sand, but each state shall have at least one representative; and until such enumeration shall be made, the State of New Hampshire shall be entitled to choose three; Massachusetts, eight; Rhode Island and Providence Plantations, one; Connecticut, five; New York, six; New Jersey, four; Pennsylvania, eight; Delaware, one; Maryland, six; Virginia, ten ; North Carolina, five; South Carolina, five; and Georgia, three. I. Character of the House of Kepresentatites. This is the lower and more numerous branch of the National Legislature. As its members are chosen directly by the peo- ple for the short term of two years, it is supposed to represent more closely their views in regard to the public questions of the day; and the interests of the people are here thought to be especially guarded and advanced. For these reasons this house is called the popular branch of the Legislature. m C o H I O c m O -n JO m :x) m CO H < m en HOUSE OF EEPKESENTATIVES. 113 II. Term or Representatives. Every second year Eepresentatives are elected throughout the United States, and, with tew exceptions, on the first Tuesday after the first Mon- day of November. Thus every two years there is a new House of Representatives. On this account each of these two-year periods of the National Legislature is called a '^ Congress," and, for convenience, these Congresses are numbered, as first, second, third, etc. Instead of saying the Congress of 1897-8, we say the fifty-fifth Congress, because that was the fifty-fifth time a new House of Representatives had come into oflace. As the first Congress began March 4th, 1789, each new Congress begins its term on the fourth day of March of every odd year. But Representatives are elected on every preceding or even year. III. Who May Tote for Representatiyes. At the time when the Constitution was in process of formation, the qualifications of electors varied widely in the different States. Much discussion therefore arose in the convention over the qualifications of the voters who should elect Representatives. It was found impossible to agree upon a uniform rule of voting for all the States; and so it was. finally settled that in every case those who were qualified by the State laws to vote for members of the lower house of tlie State Legislature could vote for members of the House of Representatives. Thus, whoever is qualified to take part in his own State government is also qualified to vote for these National officers. Among all- the thousands of United States officers, only Representatives are chosen by direct vote of the people. IT. Qualifications of Representatiyes. But three qualifications are required by the Constitution of a member of the House of Representatives. These are: 1. Ag-e. — He must be twenty-five years old. Few men, previous to that age, have acquired wisdom and experience equal to the demands of so responsible a position. 2. Citizenship. — He must have been seven years a citizen of the United States. Not only natural born citizens but 8 114 CIVIL GOVERNMENT OF THE UNITED STATES. aliens may become Eepresentatives. This is an exception to the laws of most countries. Since an alien may become natu- ralized after a five years' residence in this country, it follows that at least twelve years of residence here are required of a foreigner before he becomes eligible to this office. 3. Kesidence. — State citizenship is not of as much im- portance as United States citizenship. A Representative, when elected, must be a resident of the State in which he is chosen; but he need not have resided there long enough to have acquired a legal residence; that is, to have acquired the legal right to vote there; and he may also remove from the State immediately after his election, and still continue in office for the term for which he was elected. Nor is it required that he should reside in the particular congressional district for which he is chosen; but as a matter of fact he is always a resident of such district, for it is considered an important matter by the people of each district that they be represented by one of their own number, who has their j)ersonal interests at heart. Y. Apportionment of Members. 1. Basis of Representation. — After it was settled that Rei^resentatives should be apportioned among the States according to the population of each, one of the most bitter disputes of the whole convention arose over the question of who should be included in the representative population. This dispute nearly resulted in the dissolution of the conven- tion. At that time slavery existed in all the States except Massa- chusetts; but the ISTorthern States held so few slaves that they were j^ractically non-slaveholding. The Southern States con- stituted the great slaveholding section of the countr3^ These latter States, therefore, contended that the slaves should be counted the same as free white inhabitants in apportioning Eepresentatives. But the North claimed that this would be giving the slaveholding States unjust advantage in j)olitical legislation; that merely because they owned certain property, they must not have greater political power. Moreover, many strongly objected because it would amount to the same as offer- HOUSE OF KEPKESEI^TATIVES. 115 ing a premium on the wretclied traffic in hnman beings; for the more negroes imported from Africa into any State,' the greater would be its power in Congress. But m this case, also, the matter was finally compromised. The Northern States consented that every five slaves should be counted as three persons; while the Southern States agreed that direct taxes should be levied on the same basis. Although by this plan the Southern States would still have greater rep- resentation according to their white population, still they must also pay greater direct taxes; and this, it was thought, would be of much advantage to the Northern States. But the result proved that the whole advantage lay with the South, for the National government became almost wholly supported by the custom-house revenues; and direct taxation was little resorted to as long as this system of apportionment was practiced. It was thus settled that the total white population, three- fifths of the slave population, and all Indians taxed, should form the basis of representation. This remained the law until after the time of the Civil War, when, by amendments to the Constitution, slavery was abol- ished, and provision was made for apportioning Representatives according to the total population, whether white or black, with the exception of Indians not taxed, whose number now is too small to need consideration. • The words servitude, slave and slavery nowhere occur in the original Constitution, and the authors in every place avoided their use by employing some other expression that conveyed their meaning. In the amendments added after the Civil War these terms are used. 2. XInitecl States Census.— The actual numbering of the population was to take place within three years after the first meeting of Congress. This was done in 1790, during the early part of Washington's administration, and the Eepresentatives apportioned accordingly. As further prescribed, this has been done every ten years since; so that in every year that ends with a cipher the United States census is taken. 3. Ratio of Representation.— The Constitution does not limit the House to any definite number of Representatives; 116 CIVIL GOYERNMENT OF THE UNITED STATES. but it declares that the representation must not exceed one for every thirty thousand inhabitants. This regulation was made in order that the membership might not be too large for the convenient transaction of business. The Constitution pro- vided that until the census could be taken, each State should send a certain number of Eepresentatives, making the member- ship of the first House sixty-five. The ratio of representation, after the first census was taken, was 23laced at one for every thirty-three thousand inhabitants. This raised the number of Eepresentatives to one hundred and six. Had this ratio of representation been continued up to 1880, by the census of that year the House would have con- tained nearly fifteen hundred members. Every ten years, on account of the rapid increase in population, Congress makes a new apportionment of Eepresentatives, increasing the ratio of representation, until in 1890 it was fixed at one for every 173,- 901 inhabitants. This ration will prevail until 1903. The Territories have no representatives, but each one is allowed a delegate who has no vote, but who may speak on questions relating to his Territory. The ratio of representation is found by dividing the whole population of the States by the number of Eepresentatives to be chosen. The population of each State divided by this ratio gives the number of Eepresentatives each State is allowed. Of course there are always remainders in making these divisions, and consequently the results obtained will not together equal the entire number of Eepresentatives. Congress then assigns to the States having the largest remainders an additional mem- ber, until the required number is obtained. 4. Cong-ressional Districts. — After Congress has thus assigned to each State its number of Eepresentatives, the State Legislature divides the State into as many congressional dis- tricts as it has Eepresentatives, each district containing, as nearly as possible, such number of inhabitants as equals the ratio of representation. These districts are numbered first, second, third, etc., and are always referred to by number. Sometimes, after a State has been assigned an additional mem- ber, the Legislature fails to re-district it at once. In such HOUSE OF EEPRESENTATIVES. 117 case the Representatiye is voted for on a general State ticket and is called a ^' congressman-at-large." 5. Each State Represented. — Sometimes a State has not a population as large as the ratio of representation. The framers of the Constitution, foreseeing such a possibility, pro- vided that every State should have at least one Representative; and thus no State, however small its population, can lose its representation in the House. 118 CIVIL GOYEENMENT OF THE UNITED STATES. Tv^KNXY-SlXTH I^KSBON. HOUSE OK REPRESENTATIVES, Continued. Akticle I; Section 2. — House of Representatives, continued. 4. When vacancies happen in the representation from any State, the executive authority thereof shall issue writs of election to fill such vacancies. 5. The House of Representatives shall choose their speaker and other officers, and shall have the sole power of impeachment. I. TaCANCIES in the House. When a vacancy occurs in the representation of any State, the governor of that State issues a writ of election for the congressional district in which the vacancy occurs. The people of such district then, in a special election, choose a representative to fill the vacancy for the remainder of the term for which his predecessor was elected. II. Officers of the House. The House chooses its own officers, which are : a speaker, who is -one of the members of the House ; a clerk, sergeant-at-arms, door-keeper, postmaster and cliaplain, who are not members of the House. 1. Tlie Speaker. — This is the principal officer of the House, and as he is chosen by the representatives of the i)eople to be at their head, he is often considered the next officer m importance after the President. He represents the House on all official occasions, and his place is next the Vice-President. He also speaks for the House on all state occasions ; hence his title of speaker. He is chosen by the Representatives from among their num- ber. Usually the members of each political party select a candidate for this office from those of their own political faith, and then these candidates are voted upon. There is always great striving after this important office, and sometimes long- delays occur before a result can be reached. The clerk of the last House i^resides until the speaker is elected. HOUSE OF EEPEESENTATIVES. 119 The speaker presides over all the deliberations of the House, and it is his duty to see that order is preserved. He strikes his desk with his gavel— a small mallet— to call the attention of the members and command silence. The great power in the hands of the speaker lies in his privilege of selecting all the committees of the House. This officer, being himself a member of the House, has the same right of voting as the other members ; but as a matter of custom he seldom exercises this right, except in those cases where it is a necessity, or seems highly advisable. He must always vote when there is a tie and when voting is by ballot ; but this method of voting is seldon used. 2. The Clerk. — This officer keeps the business of the House in order. He makes out the roll of members ; takes charge of the bills that are brought before the House ; keeps a record of each day's proceedings ; and has other similar duties. 3. Tlie Sergeant-at-Arnis maintains order under the direction of the speaker. He is the police officer of the House, and represents the power of that body. When the House is m session, he sits facing the members, and behind his chair stands the "^^mace," the symbol of the power of the House of Eei:)resentatives. This was the symbol of j^ower used for centuries in the Eoman senate. It is a tall, slender colnmn, about three feet high, consisting of a bundle of ebony sticks, bound together and tied by thin bands of silver. Each stick ends in a spear-head, and, rising from the midst of these, is a short column surmounted by a silver globe, upon which rests ^ silver Eagle with outstretched wings. The mace rests on a marble standard during the sessions of the House, but is always taken down at other times. In case of disturbance or disorder in the House, the sergeant- at-arms takes it down and bears it to the place of disturbance ; and usually, at sight of this symbol of the people's power, every member becomes orderly. The sergeant-at-arms is also sent to bring absent members of the House, when their presence is required ; and, whether it be in the middle of the night, or they hundreds of miles away from the Capitol, when he comes for them they are under arrest and must obey his commands. When the House 120 CIVIL GOVERNMENT OF THE UNITED STATES. is in session all night it frequently happens that so many members go home as not to leave enough for a quorum. The sergeant-at-arms is then sent to bring these absent members, and they are requested to give j^nblicly to the House an excuse for their absence. Some extremely ludicrous reasons are given by members who have no real excuses. If in any instance the sergeant-at-arms is not obeyed, the power of the United States Government stands behind him tO' enforce his orders. 4. The Doorkeeper. — The charge of the Eepresentatives Hall — of its furniture, books and other public property — is in the hands of this officer. He allows only such persons to enter as are permitted by the rules ; and he also has supervision of the gallaries, to which the public is admitted. 5. The Postmaster superintends the special postoffice kept in the Capitol for the convenience of members and officers, and he must see that the mails are promptly and safely delivered. 6. The Chaplain. — Each daily session of the House is: opened with prayer by the chaplain, who is usually selected from the clergymen of the city of Washington. 7. Assistants. — Stenographers, clerks, messenger boys, called pages, etc., assist the officers in discharging their numerous duties. III. Oath or Office. At the opening of the session of each new Congress, as soon as all the officers are chosen, the member of the House who has served the longest time, and who is therefore called *^ Father of the House," administers the oath of office to the speaker. This oath is a solemn promise, with the help of God, to support the Constitution and laws of the United States, and to perform the duties of his office faithfully. After this the speaker administers the oath to the other officers of the house and to all the Rep- resentatives as they aj)pear before him by States. Then the business of the session is begun. lY. Power of Impeachment. The House of Repre- sentatives has the sole power of impeachment. The officers. HOUSE OF REPRESENTATIVES. 121 subject to impeachment are the President, Vice-President, and all civil officers of the United States. Members of the legisla- tive department are not considered civil officers within the meaning of this provision, and therefore cannot be impeached ; they may, however, be expelled. Military and naval officers must be tried before military courts. When a complaint concerning one of the above mentioned officers is formally entered before the House, the matter is placed in the hands of a committee, who proceed to investigate the charges. If they find these charges well founded, they make such a report to the House. That body then discusses the question, after which a vote is taken. If a majority favor impeachment, articles of impeachment are prepared, and a committee is appointed to lay the whole matter before the Senate, and to represent the House in the prosecution which follows. 122 CIVIL GOVERNMENT OF THE UNITED STATES. Tw^knty-Skventth Lesson. Article I; Section 3. — The Senate. 1. The Senate of the United States shall be composed of two Senators from each State, chosen by the Legislature thereof for six years, and each Senator shaH have one vote. 2. Immediately after they shall be assembled in consequence of the first election, they shall be divided, as equally as may be, into three classes. The seats of the Senators of the first class shall be vacated at the expiration of the second year, of the second class at the expiration of the fourth year, and of the third 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 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 who shall not, when elected, be an inhabitant of that State for which he shall be chosen. 4. The Vice-President of the United States shall be President of the Senate, but shall have no vote, unless they be equally divided. 5. The Senate shall chose their officers and also a President i:)ro tempore, in the absence of the Vice-President, or when he shall exercise the office of President of the United States. 6. The Senate shall have the sole power to try all impeachments. When sitting for that purpose, they shall be on oath or affirmation. When the President of the United States is tried, the Chief Justice shall preside ; and no person shall be convicted without the concurrence of two-thirds of the members present. 7: Judgment in case of impeachment shall not extend further than to removal from office, and disqualification, to hold and enjoj^ 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. I. Character of Senate. The Senate of the United States, or the upper house of Congress, is ordinarily considered Si body of mucli greater dignity than the House of Eepresenta- cc LU 20 <: X o C/3 LU (- h- C/) Q THE SENATE. 123 tives. Its members are presumed to be men of larger experience in public affairs and greater renown. It is a mucli smaller body than the House ; greater age and longer citizen- ship are required of its members, and their term of office is three times as long. Senators represent the States as distinct and individual governments. II. NOIBER OF Senators. All the states of the Union have equal representation in the Senate, each sending two members. Thus the small State of Ehode Island has the^same power m this house as the great State of Texas with a territory nearly forty times as large, and as the State of Xew York with its twenty-fold population. Two Senators were allowed each, that in case one should be absent the State might not be left unrepresented. It happened, hovfever, in 1881, that both Senators from New York, on account of certain disagreements with the executive, suddenly resigned, and left the State for a time unrepresented. But two new men were after a little returned in their places. III. How Senators are Chosen. The Constitution provides that the Legislatures of the States shall choose the United States Senators ; but it does not declare in what manner this shall be done. How^ever by an Act of Congress of 1866, the election must be conducted as follows : 1. The Legislature proceeds to the election of Senator on the second Tuesday after its organization. Each house separately, by a viva voce vote, names a person for Senator, and enters the name in the journal of the house. Or, if no person is given a majority, this fact is also recorded in the journal. 2. On the following day, at twelve o'clock, both houses meet in joint assembly, and the journal of each house is read ; and, if the same j^erson has received a majority of all the votes in ■each house, he is declared duly elected United States Senator. But if no person received such majorities, then the joint assembly chooses, by a viva voce vote, a person for Senator, and that person receiving a majority vote of the joint assembly is declared elected. 3. If, hov/ever, no result is reached, the joint assembly meets at twelve o'clock on every succeeding day, and takes at least 124: CIVIL GOVERNMENT OF THE UNITED STATES. one vote each day during the entire session of the Legislature* or until a Senator is elected. IT. Term of Office. In considering the length of the term of office of Senators, the Constitutional Convention unanimously agreed that it should be sufficiently long to secure greater dignity, stability and experience to that body than the term of the Kepresentatives would insure. It was thought desirable that this body should feel more independent of the people than would be the case were its members elected for short terms ; and it would thus be less liable to be influenced by popular excitement. It was also believed that a longer term would induce greater care on the part of those selecting Senators, and would make the office worthy the ambition of the ablest men of the country. Still further, this house would then secure the great advantage of long experience and train-^ ing, and would be less liable to desire frequent changes in the- laws of the country, thus acting as a check on this evil in legislation, which may be as injurious in its effects as corrupt laws themselves. But there was great difference of opinion in regard to the exact length of term which would secure all these advantages, and not be attended with greater disadvantages. The terms proposed varied from three to nine years, and even life terms were suggested. But the term of six years was at last agreed upon as best compromising the matter. In several instances Senators have served four terms in succession. T. Tote of Senators, in the Congress of the Confed- eration it will be remembered that each State, whatever the number of its delegates, had but one vote. If only one delegate was present the State had no vote ; or, if its delegates were equally divided on a question, its vote was lost. In the Senate this was changed ; each member votes separately, and his vote counts one, the same as in the House of Representatives. Thus questions in the Senate are decided by a majority vote of the Senators, and not of the States. YII. Division into Classes, in order the better to secure to the Senate the qualities mentioned above, it was THE SENATE. 125 •arranged to have this body perpetual— to have the terms of its members expire at different times. For the accomplishment of this, it was provided that, immediately after the assembling of the first Congress, the Senators should be divided into three classes ; the first class should serve only two 3^ears, the second class four years, and the third class six years. Thus one-third of the members would retire every second year, and, of course, one-third be elected every second year. This provision was carried out, by separating the members into three groups, one containing seven, and the other two six each, only nineteen being present at that time. The two Senators from the same State were in every case placed in different groups, in order that the seats of both Senators from one State might never be vacant at the same time. Then it was determined by lot which group should constitute each of the different classes. Of course ever after this first arrangement the terms of all Sen- ators would be six years, as the Constitution jDrovides. It is necessary, however, to make an exception when a new State is admitted ; one of the two Senators first chosen serves a shorter term than the other, in order that the terms of both may not expire at the same time. Which of the two shall serve this ^shorter term is determined by lot. Thus, at the time of every election of a new House of Eepre- sentatives, one-third of the Senate is chosen. Til. YACANCIES in the Senate. If a vacancy occurs in the Senate, when the Legislature of that State in whose representation the vacancy occurs is not in session, then the Oovernor of that State must appoint some person to act as Senator until the Legislature meets and fills the vacancy. But if the Legislature is in session at the time the vacancy occurs, then by act of Congress, a Senator must be elected in the manner already described, and the proceedings must begin on the second Tuesday after notice is received of the vacancy. The person thus chosen serves only for the remainder of the term for which his predecessor was elected. Till. Qualifications of Senators. 1. Ag-e. — A Senator must have reached the age of thirty years. 126 CIVIL GOVERNMENT OF THE UNITED STATES. 2. Citizensliip. — He must have been nine years a citizen of the United States. This requires a fourteen years' residence of an alien. 3. Residence. — He must, when elected, be an inhabitant of the State for which he is chosen ; but, as in the case of the Eepresentative, residence is required only at the time when li& is chosen. IX. Officers of the Senate. These are a iwesident, secretary, sergeant-at-arms, postmaster, chaiiilain, librarian, and doorhee^jer. All these officers except the president are chosen by the Senate, but none are members of that body. 1. President of the Senate. — The Vice-President of the United States is president of the Senate. There seem to have been various reasons for this arrangement. As he is chosen merely to succeed to the Presidency in case that office becomes vacant during a Presidential term, as long as the President continues in office he would have no duties whatever to j^erform were it not for this provision. And as the States have equal voice in the Senate, it would seem advisable that no one of them be given the greater power which this office would confer. Lastly, the Vice-President, being chosen by the whole country would naturally be more impartial as presiding officer than if representing a single State. The Vice-President, not being a member, has no vote in the Senate except in the one case where the Senate is equally divided on some question. As he may be called upon at any time to fill the office of President, and as he is sometimes necessarily absent from his seat during a session, it is provided that a President pro tempore be chosen by the Senate from among its members, to act as presiding officer at such times. This is done on the first day of the session, or at such other time as desired. This latter officer always has a vote the same as any other member; and, in case he becomes permanent president of the Senate, his salary is increased to that of the Vice-President. When the Senate meets on the first day of a new Congress, the new Senators take the oath of office before the Vice-Presi- THE SEXATE. 127 dent. Each new Senator is presented at the desk by his associate from the same State. 2. The Secretary.— The duties of this officer are very similar to those of the clerk of the House of Representatives, with the additional duty of paying the Senator's "salaries. He has various clerks under him to assist at his work. 3. Other Officers.— The other officers have duties similar to those of the corresponding officers of the House; but the sergeaut-at-arms, unlike that officer of the House, has control of the different doorkeepers^ X. Power to Try Impeachments. The Senate has the sole power to try impeachments. When a case is brought before it by. a committee from the lower house, it resolves itself into a court, each Senator taking a special oath for the occasion. The proceedings in the case are then similar to those of trials in other courts. At the close of the trial the Senate votes upon the guilt of the accused, a two-thirds vote of those present being necessary to convict. This provision was made in order to prevent the removal of officers by the vote of a mere majority who might be acting from party prejudice. When the President of the United States is on trial, the Chief Justice jDresides. It would plainly be unjust to allow the Vice-President this privilege, as, in case of the removal of the President, he would succeed to the office. His own interests being thus involved, he might not always conduct the trial impartially. In all other cases he j^resides. Sentence in case of impeachment is restricted to removal from office, and to disqualification to hold and enjoy any office of honor, trust, or profit under the United States. The Senate can go no further than this, but, if the offense committed is one punishable by law, the offender may afterwards be tried and punished in a court of law, the same as any private citizen. Several cases of impeachment have been tried before the Senate; among others, one President, Andrew Johnson, who was acquitted. Several Judges and one Secretary of War have also been impeached, but most of them were acquitted. 128 CIVIL GOVERNMENT OF THE UNITED STATES. XI. Titles of Members. Both Senators and Represen- tatiyes are Members of Congress; but in ordinary speech, ^^Congressman" or "Member of Congress" is applied to Rep- resentatives and seldom to " Senators." Every member of each house is addressed as ''Honorable;" and after a Representative's name in written addresses, "M. C." is placed; and after a Senator's "U. S. S." MEETINGS AXD POWERS OF CONGRESS. 129 JMLKETINOS AND POWERS OE CONGRESS. Article I; Section 4. — Elections and Meetings of Congress. 1. The times, places, and manner of holding elections for Senators and Eepresentatives shall be prescribed in each State by the Legislature thereof; but the Congress may at any time, by law, make or alter such regulations, except as to the places of choosing Senators. 2. The Congress shall assemble at least once in every year; and such meeting shall be on the first Monday in December, unless they shall, by law, appoint a different day. Article I; Section 5. — Powers and Duties of the Houses. 1, Each house shall be the judge of the elections, returns and qualifica- tions of its own members; and a majority of each shall constitute a quorum to do business ; but a smaller number may adjourn from day to day, and may be authorized to compel the attendance of absent members, in such manner, and under such penalties, as each house may provide, 2. Each house may determine the rules of its proceedings, punish its members for disorderly behavior, and, with the concurrence of two-thirds, expel a member, I. Election of Senators and Representatites. Concerning the times, places, and manner of holding elec- tions for Senators and Eepresentatives, it is left for the Legislature of each State to prescribe for that particular State. But the 230wer is given Congress to make or alter all such regu- lations at any time, except as to the j9^«ce of choosing Senators. This exception is a wise one, for as the State Legislatures elect Senators, it would plainly he an injustice were Congress allowed the right of dictating to the several States where their own leo-islative bodies should assemble. As we have already seen in regard to the time and manner of choosing Senators, Congress has exercised the power given it, by prescribing when and how this shall be done. II. Sessions of Congress. 1. Regular Sessions.— The Constitution requires at least two sessions of a Congress, one each year for the two years. 9 130 CIVIL GOVERNMENT OF THE UNITED STATES. This provision is final; Congress itself has no power to alter it. Thus the business of the Nation will be better attended to than if it were left in the power of any individual or body to con vena Congress at pleasure. In regard, however, to the time of assembling. Congress mav, by law, appoint any day it chooses. But unless Congress makes different provision, the meeting must be on the first Monday in December. This date has been altered by Congress, but afterAvard changed back; and now it stands as at first prescribed. The first session of Congress may continue through a whole year if desired, only being closed in time for the second session to commence; but the second session must end by noon on the fourth day of March following its 'beginning, as at that time a new Congress comes into power. Thus the first regular session is usually called the long session, and the second the short session. 2. Special Sessions. — Special sessions of either or both houses may be called by the President, when in his opinion there is business requiring immediate attention. The Fortieth Congress had three special sessions, thus making five sessions in the two years. 3o Daily Sessions. — Each daily sitting of Congress is also called a session. Both houses meet each day at twelve o'clock noon, except when they agree upon a different hour, and con- tinue in session usually from four to six hours. It sometimes happens, however, and es]3ecially toward the last of a session, that the pressure of business is frequently so great as to compel one or both houses to remain sitting until after midnight. On the last night of a session. Congress often sits till morning. While the houses are assembled, over each chamber there floats a flag, which is lowered whenevei that particular house adjourns. Ill, Membership. Power is given each house to judge of the elections, returns and qualifications of its own members. This is a matter of very great importance to any legislative body, in order that it may maintain its independence. Quite often there is a contest between opposing candidates as to MEETINGS AND POWEES OF COXGEESS. 131 which one is legally elected to a seat in Congress. There must be a power to examine into such disputed cases and give final decisions. After the certificates of election are issued by the proper State ofificials, their validity is sometimes questioned by the opposing candidates; in which case either house may go behind the election returns and examine into the whole matter. If the final decision where left with each State, it might easily happen that the party in power would issue certificates to the wrong persons, because such persons held the same political views. It might also happen that persons not possess- ing the required qualifications would be legally elected and take their seats in Congress, unless that body had the power of rejecting them. Until the matter is decided, the person holding a certificate of election is just as much a member of Congress as though there were no question concerning his right to membership. Special committees are appointed in both houses, to investi- gate all these doubtful cases and make reports. IT. Quorum, a majority of each house constitutes a quorum to do business. If this provision did not exist, a scheming minority might, at any time, take advantage of the absence of a majority to pass laws in the interest of some few individuals, or some small sections, which would be injurious to the Kation at large. They might also amend or repeal good laws. Although less than a quorum cannot transact any of the business of the House, two privileges are given them — one the power to adjourn from day to day in order to prevent a legal dissolution of the body, the other the power to compel the attendance of absent members, in such manner and under such penalties as each House may provide. Otherwise a number of members might agree to remain away altogether, and thus stop the whole business of legislation. Y. Rules of PROCEDUHE. In order to accomplish its work properly and with facility, it is necessary for any delibera- tive body to proceed according to orderly and well established rules; and no other authority can prescribe a course of pro- ceeding so well fitted to its needs as the body itself. There- 132 CIVIL GOVERNMENT OF THE UNITED STATES. fore, the Constitution places the power to determine its own rules of proceeding with each house of Congress. Of course these rules must in no way conflict with the provisions of the Constitution. It is the custom, at the beginning of a new Congress, for the House of Representatives to adopt the rules of the pre- ceding House, and to appoint a committee to consider new rules. The rules of procedure followed in making laws will be given hereafter. The following are some of the other rules and customs of the two Houses of Congress. 1. Choice of Seats. — In both houses, some seats are much more desirable than others; and there must be order in select- ing these seats, or many misunderstandings would arise. In the House of Representatives^ the members, at each new session, remain standing while their names are put into a box and drawn out, one by one, by a blind-folded boy. As each man's name is drawn, he chooses his seat and sits down. The Democrats always take one side of the hall and the Republicans the other. The Senators select their seats according to a different cus- tom. A new Senator takes any seat which happens to be vacant, and which will, of course, be one of the j)oorest. But if any Senator wishes a seat belonging to some other member, he 2:)uts his name down in a book kept for that purpose, as being an applicant for that particular seat. As soon as this seat becomes vacant, by the final departure of its occujoant, it is given to the man whose name is first on the list of those desiring it. 2. Presence of Members. — Every member is required to be i^resent during the sittings of his house, unless excused or unavoidably prevented. 3. Conmiittees. — As in the State Legislature, most of the work of both houses is first considered by committees appointed for that purpose. Here, also, there are both standing and special committees. The result of their deliberations is re- ported to their respective houses, where final action is taken. In very many instances Congress approves or disapjproves measures according as the committees recommend in their MEETINGS AXD POWERS OF CONGRESS. 133 reports. :N"either house could accomplish the great amount of work required ot it at one session, were it not for this method of proceeding. The speaker appoints all these committees in the House, and tlius has great power in shaping legislation; for, by selecting committees on each subject whose views correspond with his own, he insures the bringing in of reports satisfactory to him- self. He is, therefore, in a certain sense, the most influential citizen of the country. There are over fifty standing com- mittees in the house; a Committee on election, on ways and means, on agriculture, on commerce, etc. In the Senate, the Vice-President, not being a member of that body, is not allowed the privilege of appointing the com- mittees, but all this is done by a special committee selected by the senate from among its members. As the senate is a per- petual body, its committees change but little from year to year. They are arranged so that new members are added as old ones leave. The Senator longest on a committee is its chairman. There are about thirty committees in the Senate, most of them corresponding to the committees of the House. 4. Leiig-tli of Speeches. — In the House of Re|)resentatives, the length of time a member may occupy in speaking is deter- mined according to its rules; sometimes it is only five minutes, then again an hour or longer; and there are many and various arrangements as to the time and manner of speaking. In the upper house a Senator may speak as long as he chooses, and no one can stop him. This liberty of speech is considered of great importance to this body in maintaining its dignit}'. Henry Clay once attempted to have a rule made in the Senate by which the debate could be stop23ed; but he failed, and the attempt has never since been made. There is one indirect method, however, by which a debate is sometimes ended; that is, by the Senate unanimously agreeing to vote upon a certain measure at a fixed time in the future. Sometimes a number of Senators ao-ree too:ether to defeat some measure obnoxious to them, by talking the whole of the time in which the bill can be considered. 134 CIVIL GOVERNMENT OF THE IJNITED STATES. 5. Admission of Public. — The public is admitted to all debates in the House, and to all in the Senate, with the excep- tion of those which consider treaties and the appointment of officers. 6. Liobbying-. — As the public is not admitted to the floor of the house, but only to the galleries, whenever any person wishes to see a member, he must send a doorkeeper to request that member to come out into the halls, or lobbies, as they are called. These interviews may be of a perfectly honorable nature, but very often their object is to influence, by money or other- wise, the votes of the Legislators, in a way that shall result in benefit to the persons seeking such interview. Thus the term lohbying has arisen, and has come to be used entirely in the sense of the disreputable influencing of members. TI. Punishment for Disorderly Behavior. We have seen that each house has power to make its rules of pro- ceedings; but, unless it also possessed the additional power of enforcing these rules, they would be of little avail. In times of excitement, members may become boisterous and disorderly to such an extent as to hinder and even entirely prevent the transaction of business. The Constitution gives to Congress the power to 2')unish these members for disorderly conduct, in whatever way it deems proper. Til. Expulsion of ME3IBERS. There may be cases where the conduct of a member is so improper as to warrant expulsion from the house. Both houses have the power to do this; they could not otherwise maintain their dignity and in- dependence. But in order to guard against the 230ssibility of a bare majority expelling members of the opposite joolitical |)arty, merely for party interests, the Constitution requires a two-thirds vote for the expulsion of any member. POWERS AND PRIVILEGES. 135 POWERS AMD PRIVILEGES. ARTICLE I; Section 5. — Powers and Duties of the Houses, continued. 3. Each house shall keep a journal of its proceedings, and from time to time publish the same, excepting such parts as may, in their judg- ment, require secrecy; and the yeas and nays of the members of either house, on any question, shall, at the desire of one-fifth of those present, be entered on the journal. 4. Neither house, during the session of Congress, shall, without the <;onsent 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 6. — Primleges of and Prohibitions upon Members. 1. The Senators and Representatives shall receive a compensation for their services, to be ascertained by law, and paid out of the treasury of the United States. They shall, in all cases except treason, felony and l)reach of the peace, be privileged from arrest during their attendance at the sessions 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 liis continuance in office. I. The Journal, in order that there may be no secret business transacted, and that the public may have full knowl- edge of what its representatives in the law-making department of the government are doing, each house is required to keep a journal of its proceedings, and to publish the same from time to time, except such parts as in their judgment require secrecy. There may be proceedings in every legislative body which it would be unwise to publish. For instance, during the time of war, publication of the measures of Congress might give the 'enemy knowledge that would prove disastrous to our cause. 136 CIVIL GOVERNMENT OF THE UNITED STATES. Therefore it is left to the discretion of each house as to what part of its transactions shall be kept secret. Publication of ]3roceedings acts as a check on hasty or un- wise legislation; each member knows that his record is then within reach of the knowledge of every person in the land, as well as future generations. In addition, it places all measures in shape convenient for future reference, which is often neces- sary in transacting business connected with past legislation. Besides this journal, an official newspaper, called the Con- gressional Record, is printed daily by Congress. This contains an account of everything done and said in Congress the day before. In it appear, also, speeches of Senators and Repre- sentatives which have never been delivered in either house. This practice arose from the desire of members to appear on record in the public discussions, and from the lack of time for all to be personally heard. A government jirinting office is controlled by Congress, to print this paper and all public documents, including the President's messages. The public printer is appointed by the President. II. Recording Yeas and Nays. Whenever one-fifth of the members present in either house desire it, the yeas and nays of the members of that house on any question must be entered on the journal. The object of this is that a record may be made of the vote of each one, and the members thus be called to account by those whom they represent.. This record also shows what persons are absent at such times, which is quite an important matter for the people to know. Sometimes mem- bers absent themselves to avoid responsibility m voting. The calling of the roll which must be done in order to get the vote of eacli one separately and record it, consumes a great amount of time, especially in the House of Representatives; and, on this account, the power of demanding a roll call is often greatly abused. When a few men wish to hinder action upon some bill to which they are opposed, they succeed in getting one-fifth of the members to vote for a roll call; and, as soon as this is finished, to demand another roll call on some trifling point; and so on until all the time is consumed in whick POWERS AND PRIVILEGES. 137 tlie bill could be considered, and the members from sheer exhaustion vote to adjourn. This is one form of what is called filihustering; and it is often kei:;t up all night, and for days in succession. In this way it is possible for a small minority to defeat a bill which the majority desire passed. III. Adjournment. If it were left entirely within the power of either house to adjourn for any length of time, and to any i3lace, legislation might be seriously hindered, and even brought to an end, by one house adjourning indefinitely, or adjourning from place to place, and compelling the other to follow it about. As a minority has power to adjourn, this might be done in the absence of a majority. But to prevent such a possibility, the Constitution declares that neither house during a session of Congress, shall adjourn for more than three days Avithout the consent of the other house; nor to any other place than that in which the two houses shall be sitting. Either house, if it wishes to take a recess, may adjourn at any time, provided the recess does not continue more than three days. For an adjournment of any length, both houses must agree upon the time of separating and the time of meeting again. In case they cannot come to an agreement, as we shall see hereafter, the President has the power to adjourn them; but this has never yet happened. IT. Salary of Members. 1. Why Paid. — The authors of the Constitution disagreed on the question of allowing salaries to Senators and Represen- tatives. A part believed that there should be no compensation in order that unprincipled persons might not seek the oflSce merely for the pay, and thus keep out men of high character and attainments. The remainder contended that such an arrano-ement would close the doors of the N"ational Legislature on all poor men, no matter what their w^orth and ability; that Congress would become an aristocratic body, an assembly of wealthy men only. This, they declared, would be opposed to every principle of democracy. These latter arguments pre- vailed, and salaries were allowed. 138 CIVIL GOVERNMENT OF THE UNITED STATES. 2. How Paid. — It was thought best to pay these salaries from the K^ational treasury, in order to make the members sufficiently independent of State influences to freely consider the interests of the Nation at large. Besides prompt payment would thus be insured. Under the Confederation, the States paid their members of Congress, and there was often great delay and reluctance in the matter. 3. Tlie Amount Paid. — The compensation of Senators and Eepresentatives is determined by law; that is, by the members themselves. This is another wise provision, for the salary which years ago might have been amply large, at the present time would be insufficient to cover the bare cost of living. At first the salary of members of both houses was fixed at six dollars per day, with certain mileage allowed. It has been increased many times since then, until it has reached the sum of $5,000 per anniim. The speaker of the House and the president of the Senate are paid $8,000 each. Every member is also allowed $125 a year for postage, stationery and news- papers, and mileage at the rate of twenty cents for every mile of travel, by the usual route, in going and coming between his home and Washington at a session of Congress. Although Congress has unlimited power in fixing the salaries of its members, it has learned by experience the advisability of keeping within certain limits. In 1873 the salary Vv\as raised, by Act of Congress, from $5,000 to $7,500; but the people ex- pressed such decided displeasure that the law was afterward re23ealed. T. Freedom from Arrest. Senators and Eepresenta- tives, while they are in attendance at the sessions of their respective houses, and while they are going to or returning from these sessions, cannot be arrested, excej^t for crime. Treason, felony and breach of the peace include all criminal offenses; hence their freedom from arrest extends only to actions in civil cases. If it were not for this provision, jDolitical enemies might, at any time, cause the arrest and detention of members of Congress until they could prove the falsity of the charges against them; and this could be done at times when POWERS AND PKIVILEGES. 139 their absence would be particularly beneficial to tlie opposing party, by giving it opportunity to pass certain laws in its own interests. TI. Freedom of Speech. Members of Congress are free to say whatever they please in either house, and cannot be questioned, that is, legally called to account for it, in any other place. It is for the interests of the Nation that its legislative body have perfect knowledge of all measures and of all indi- viduals coming within the sphere of its action. In order to gain this knowledge, it is necessary that members be free to impart any information they may have, and to express individual opinions concerning these matters. If they were liable to j}rosecution for statements made in Congress, fear of thus being called to account would prevent many from a full expres- sion of their views. Of course, if members become violent in speech and make untrue and disgraceful charges against their associates or others, they may be compelled to publicly apolo- gize or may be expelled. Til, Prohibitions upon Members. If a new office is created, or the salary attached to any existing office is raised, no person who is a member of either house at the time this is done can, during the time for which he was elected, be appointed to such office. If this were otherwise, new and lucrative offices might be created, and the salaries of others greatly increased, in order that members instrumental in accomplishing the measures might resign their seats and be appointed to such offices. Besides this, no person holding an office under the United States can, during the time he continues in office, be a mem- ber of either house of Congress. He may be a State officer and at the same time a member of Congress, unless the State constitution forbids; but he cannot draw two salaries from the National treasury at the same time. Thus the President cannot select, for his cabinet, members of Congress, and by that means acquire infxuence in the Legislature, as is the case of the English government. 140 CIVIL GOYEENMENT OF THE UNITED STATES. IVIODK OK PASSING J^A.W&, Article I.; Section 7. — Mode of Passing Laws. 1. All bills for raising revenue shall originate in the House of Repre- sentatives; 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 Presi- dent of the United States; if he approve, he shall sign it; but if not, he shall return it, with his objections, to that house in which it shall have originated, who shall enter the objections at large on their journal, and proceed to reconsider it. If, after such 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 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 adjourn- ment, prevent its return, in which case it shall not be a law. 3. Every order, resolution or vote to which the concurrence of the Senate and the House of Representatives may be necessary (except on a question of adjournment) shall be presented to the President of the United States; and before the same shall take effect, shall be approved by him, or being disapproved by him, shall be repassed by two-thirds of the Senate and House of Representatives, according to the rules and limita- tions prescribed in the case of a bill. I. RETENUE Bills, ah bills by which money is raised for the government, either by direct or indirect taxation, must originate in the House of Representatiyes, and never in the Senate. As the people pay the taxes, it is appropriate that the body which directly represents them should have the privilege of proposing all such laws. This is in imitation of the British House of Commons. MODE OF PASSIXG LAWS. 141 After these bills are passed bj the House, the Senate may propose amendments to them, and, of course, may pass or reject the bills themselves, or any amendments which may be IDroposed by the House. 11. Mode of Passing Laws. 1. Origin and Introduction of Bills.— All other than revenue bills may originate in either House of Congress. Any member may introduce a bill of his own making, or one given him by others for introduction. As all the laws of Congress pass through the same stages, by following the course of a single bill, we shall have acquired a general knowledge of law- making. Let us take, for example, a bill introduced by a Eepresentative. The Speaker of the House refers it to the proper committee, and the clerk of the House takes the written bill and hands it to the clerk of that committee. 2. "Work of Committee. — The members of the committee then proceed at their convenience to consider the bill in their room for private consultation; after which, some one of them reports their decision to the House. Each committee has a l^articular day for making these re]3orts, which usually take precedence over all other business. 3. Printing- tlie Bill. — If the committee brings in a report favorable to the measure, the clerk has the bill printed, and copies distributed among the members. 4. First and Second Reading's. — The bill is then read to the House twice, on separate days; or, if there is any haste about the matter, the House may order the two readings on the same day. But if a single member objects to this, the readings must be on se|)arate days. 5. Debate and Amendment. — After the second reading the House proceeds to debate the bill, and to make amend- ments, if desired. 6. Engrossing' the Bill. — The clerk then writes it out in a round, distinct hand, on a large sheet of paper. This is called engrossing the bill. 7. Tliird Reading. — After the bill is engrossed, it is read for ^the third time by the clerk. This reading may be on the 14:2 CIVIL GOVERNMENT OF THE UNITED STATES. same day as the other two, if the House so orders, and no member objects. Otherwise the three readings must be on three separate days. 8. Voting-. — xlfter the third reading the question is voted upon. This is done in different ways. Following one method, the speaker puts the question to the House, by asking all those in favor of the bill to say "aye," and afterward all those opposed to say "no." Then he decides by the sound which side receives the most votes. But, unless there is a most de- cided difference between the two sides, this is a very uncertain way of settling a question. Another method is for the speaker to first ask all those in favor of the bill to rise and be counted, and then all who are opposed to it. Of course, if on any vote one-fifth of the members desire it, the roll must be called, and the yeas and nays recorded. Still another method, called voting by tellers, is sometimes used in the House, but never in the Senate. The speaker selects two men, one representing each side of the question, who take their places in the open space before his desk. All the other members then pass between them, and are counted. First those in favor of the question file past, and the tellers count them, touching each one on the back. Then those opposed are counted in the same manner, and the result is reported to the speaker. 9. Tlie Bill taken to tlie Senate. — If the House passes the bill, the clerk takes it to the Senate Chamber, and there formally announces that the House has passed the bill and desires the Senate to agree with them. 10. Proceeding's of the Senate. — ISTearly the same steps are then taken in the Senate as have been in the House. The president of the Senate refers the bill to the proper committee, who considers it carefully and reports it to the Senate. It is then read twice by the secretary, on different days, after which it is debated. It may then be amended, by adding to or taking from it. If any amendments are made, they are engrossed, and the bill is read the third time and voted upon. MODE OF PASSING LAWS. 143 11. Return of the Bill to the House.— If passed by the Senate, the bill is carried back to the House by the secretary, and the fact announced that the bill has been passed, either with or without amendments. 12. Further Debate hy the House.— If amendments have been made by the Senate, the House proceeds to debate them; but the original bill, having once been debated by the House, is not again discussed there. 13. Enrolling- the Bill,— When the House has adopted these amendments by the Senate, if there were any, the clerk so informs the Senate, and the bill is handed over to the com- mittee on enrolled bills. This committee causes it to be en- rolled; that is, written out accurately in a large, plain hand, on parchment. 14. Sig-natures of the Presiding Officers, — The speaker of the House then signs this parchment copy, and informs the House of his action. The clerk carries it to the Senate, and there announces that the speaker has signed the enrolled bill. The president of the Senate then signs it, and informs the Senate of his action, after which the bill is returned to the House. 15. Signature of the President. — ISText it is carried by the committee on enrolled bills to the President of the United States. If he approves it, he adds his signature, and sends his private secretary to the House to announce the fact. The President, in person, carries the bill, which has now become a law, to the Secretary of State, who first has a copy made for the public printer, and then has the parchment carefully de- posited among the public archives of the Department of State. 16. President's Veto, — But, if the President of the United States does not approve the bill, he returns it to the House, because it originated there, with a message stating his reasons for not signing it. These are entered on the journal of the House. IT. Passage Over the Veto. — The bill, although vetoed, may still become a law. Upon its reconsideration by both houses, if two-thirds of each house vote in favor of its passage. 144 CIYIL GOVERNMENT OF THE UNITED STATES. it then becomes a law without the President's signature. When this vote is taken, the Constitution proyides that it must always be by yeas and nays, and the names of all persons Toting for and against the bill must be entered on the journal of each house respectively. 18. Return of Bill within Ten Daj s. — If the President does not return a bill within ten days, Sundays excepted, after it is presented to him, it becomes a law without his signature, unless Congress in the mean time adjourn, and thus prevent its return. In such case it does not become a law. This is provided to prevent the President from defeating legislation by keeping bills in his possession. Also, if he does not exactly approve a bill, and yet does not care to veto it, he may, by keeping it beyond the ten days, cause it to become a law with- out the approval which his signature would indicate. But, in case Congress adjourns in less than ten days after presenting him with a bill, then it cannot become a law without his signa- ture, no matter how long he keeps it. If this were not so, Congress might adjourn immediately after sending the bill to him, in order to prevent its return with objections; and thus it would become a law without any reference to the President's wishes. In case Congress does adjourn within ten days after present- ing a bill to the President, then the latter, if he does not wish it to become a law, may sim^oly leave it unsigned. The bill is then said to be ^'2^^<^^®^^^-" 19. Conference Committees. — It sometimes happens that the two houses cannot agree on certain points in a bill. A conference committee, composed of members from both houses, is then selected by the presiding ofi&cers. This committe con- fers u^Don the disputed jDoints, and, if j)ossible, comes to some -agreement. Their report is usually accepted by both houses. 20. Bills Originating- in tlie Senate. — Bills originating in tlie Senate go through exactly the same process as those originating in the House, except that the work of the Senate precedes that of the House in all the different stages. Also, instead of the clerk of the House, the secretary of the Senate has the bill in charge. MODE OF PASSING LAWS. I45 10 146 CIVIL GOVERNMENT OF THE UNITED STATES. POWERS GRANTKD TO CONGRESS. Article I; Section 8. — Powers Granted to Congress. The Congress shall have power ; 1. To lay and collect taxes, duties, imposts and excises; to pay the debts and provide for the common defense and general welfare of the United States; but all duties, imposts and excises shall be uniform throughout the United States; 2. To borrow money on the credit of the Unitied States; 3. To regulate commerce with foreign nations, and among the several States, and with the Indian tribes. I. Party DITISIONS. The question of how the govern- mental powers should be distributed between the Xation and the States, divided the Constitutional Convention into two par- ties. One party strongly favored giving large powers to the National Government, while the other as strongly desired that the States should retain the largest proportion of power, giving up only such part as would insure the existence of a National Government. Thus it was necessary that the powers surren- dered by the States should be minutely enumerated in the Constitution, in order that it might always be understood just what the President and Congress are authorized to do. Ever since the framing of the Constitution, the people have been divided into political parties over the question of its inter- pretation. One party, believing in a strict construction, has favored State legislation rather than Congressional; while the other party, believing in a liberal construction, has advocated giving all |)ossible legislative power to Congress, thus limiting that of the States. II. Power of Taxation. 1. Its Necessity. — We have only to recall the history of the Confederation to know how any government must end which does not possess the power of raising money to meet its POWERS GRANTED TO CONGRESS. 147 expenses. The authors of the Constitution understood this, and gave to Congress full power to lay and collect all necessary taxes. As it is a principle of free government that the people cannot be taxed without their consent, this power was placed in the hands of Congress, the department which directly car- ries out the people's will. 2. Kinds of Taxes. — As we have already seen, taxes are of two general kinds, direct and indirect. The words taxes, duties, imjoosts and excises, as used in the Constitution, do not mean four distinct and different things, but simply cover all the usual methods of taxation. The meaning of these words varies considerably, and it is impossible to give exact definitions of them. We will simply define them as generally used. 1. Direct Taxes. — The word taxes, as used in the clause under consideration, refers to direct taxes. Previous to the commencement of the Civil War, direct taxes were laid bat four times by the National Government. Subsequently they were levied for a few years, in order to pay the enormous expenses of the war. 2. Indirect Taxes furnish in great ]3art the National revenue. Duties, imposts and excises cover all kinds of indirect taxation; but, as commonly used, duties and imposts refer simply to the taxes on goods imported from foreign countries. Further on, the Constitution forbids the laying of taxes on exported goods, otherwise these terms would also cover such taxes. Another word of similar meaning, namely, customs, has come to be generally used. Duties on imported goods are of two kinds, specific and ad valorem. A specific duty is a tax levied on goods according to their quantity or weight, without regard to their value; as six cents on a pound of coffee, one dollar on a yard of silk, and thirty cents on a gallon of molasses. Ad valorem is from the Latin, ad and valorem, signifying according to the value; hence an ad valorem duty is a tax laid on articles according to their value; as, twenty-five per cent, on the cost of a quantity of silks, or forty per cent, on the cost of a case of diamond rings. This duty is always computed on the cost of the goods in the country where they were pur- chased. 148 CIVIL GOVERNMENT OF THE UNITED STATES. A tariff is a list or table of goods, with, the duties to be paid for the same on their importation. Excises are taxes laid on articles manufactured and used within the country, and also on various kinds of business. Tliese taxes make up our internal revenue. They are chiefly laid on the manufacture and sale of tobacco and alcoholic liquors, and on national banks, which pay a tax of one per cent. |)er annum on their average circulation. Moneys paid for licenses to deal in any commodities are excise taxes. 3. Collection of Taxes. — Indirect taxes, collected under authority of the Federal G-overnment, are nearly all paid at the custom-houses and internal revenue offices of the country, under the direction of the treasury department*. The bank tax may be paid at any United States depository; that is, any bank designated by the government according to law to receive and hold, its funds. Duties are collected at the custom-houses, located at certain j)orts along the coast, called ports of entry. The States are divided into collection districts, and an officer, called a collector of customs, appointed by the President for each district. A vessel must first come to one of these ports, and its master deliver a statement concerning the cargo. Then an examina- tion is made of the cargo and an estimate given of the duties to be paid. These must be paid to the collector, or ample security given, before he will grant the necessary permit for unloading and delivering the goods. If the duties are not j)aid the collector seizes the goods, which are then forfeited to the government. In the case of ad valorem duties, the owner of the merchan- dise is required to swear to the accuracy of his bill of goods; that is, the cost of the goods where purchased. If he makes a false statement, and the fraud is detected, his goods are for- feited to the United States, and he himself may be punished. Many times goods are secretly landed, or are concealed to avoid paying duties. This is called smuggling; and if a person is detected at this, his goods are forfeited to the government and punishment inflicted upon himself. The government has small, swift-sailing steam vessels, called revenue cutters, which POWERS GRANTED TO CONGRESS. 149 are used at the principal ports to assist in enforcing the revenue laws. Excise taxes are paid to officers of the internal revenue. 4. Objects of Taxation.— The objects for which Congress may levy these taxes are : 1. To pay the public debt of the United States. 2. To provide for the common defense of the country. 3. To provide for the general welfare. Thus no taxes can be laid except for purposes of interest to the :N'ation at large. The first two objects limit the outlay of taxes to exact channels; the last, "for the general welfare/' is broad in its signification, and gives Congress large discre- tionary power. 5. Uniformity of Taxation. — All duties, imposts, and excises must be uniform throughout the United States. A previous provision makes direct taxes uniform, by directing that they be laid according to the^ population. This clause declares that indirect taxes shall also be uniform. Thus no State and no individual can ever be compelled to pay more than a just share of the National taxes. III. Power to Borrow Money. Congress is given the power to borrow money on the credit of the United States. Unexpected emergencies may arise in which the ordinary slow methods of taxation would not bring in money in time for the sudden demand. Also the amount that could be thus raised might not be sufficient to meet the unusual expenses. Without this 230wer .of borrowing money, the government at such times would be helj^less. In our wars with Great Britain and Mexico, it was necessary to borrow large sums of money; and in the Civil War the public debt reached nearly the sum of $3,000,000,000. The govern- ment issues bonds for the borrowed money, called Government Bonds; and the credit of the United States is considered so good that these bonds are in great demand as investments, and sell for more than their face value, although many of them bear very low rates of interest. 150 CIVIL GOVERNMENT OF THE UNITED STATES. IT. Power to Regulate Commerce. Previous to the formation of the Constitution, the commerce had fallen into a most deplorable condition. Congress had no power at all in the matter; and the States^ possessing unlimited power, made all manner of regulations, each pursuing its own interests and jealous of all its neighbors. Therefore in the Constitutional Convention, ready consent was given to place with Congress the whole power of regulating commerce. Commerce With Foreign" Nations and Among the Sev- eral States. 1. Duties. — We have just seen that the government has power to lay taxes on imported goods for the purpose of paying governmental expenses. By this j^rovision, giving it power to regulate commerce, Congress could also lay duties to any amount considered necessary. Under the Confederation, for- eign nations, particularly Great Britain, imposed heavy duties on goods taken into their markets from this country. That proved an injury to our people, by jDreventing the sale of our commodities there. For example, if a bushel of corn sells for seventy-five cents in England, and a bushel can be raised here and taken there and sold for the same price, then we have an equal chance with the English merchant in selling corn there; but if England should j)lace a duty of fifteen cents a bushel on corn sent from here, we would be obliged to sell for ninety cents a bushel; and of course, as the English corn could be purchased for seventy-five cents, we would be shut out of the market. When the power to regulate commerce was given to Congress, that body retaliated, by placing duties on articles which England sent here. This was done in order to force Great Britain to abandon her policy. It was also thought that duties on imports would protect the commercial interests of our country, by shutting out foreign manufactures and thus encouraging our own manufacturing interests. This policy the United States Government has since pursued. 2. Keg-istering- Vessels. — Vessels built and owned in this country may be registered on the collector's book as American POWERS GRANTED TO CONGRESS. 151 Tessels. A vessel thus registered is entitled to the full protec- tion of this government; and, if it is seized or injured in any place, the United States Government is bound to demand satis- faction of the government whose subjects or citizens have com- mitted the wrong. All American vessels may engage in coast trade here, but foreign vessels are prohibited from such privilege. 3. Clearance and Entry. — "Whenever a vessel, whether for- eign or domestic, leaves a port, the master must obtain from the collector a certificate stating that all the fees have been duly paid, and all other provisions of the law observed. This is called a clearance. When the vessel arrives at a port, the master must report its arrival, give information of its cargo, and deliver up to the collector the clearance. This is called entering the vessel. 4e Navigation. — Congress also, in the interest of com- merce, passes laws for constructing light-houses and piers; for providing signal and life-saving stations along the coast; for placing buoys and beacons; for removing obstructions from bays and rivers; for regulating the number of passengers that may be carried by vessels, and the measures that must betaken for their health and safety; and for lessening the dangers of navigation in many other ways. C03I]MERCE WITH IkDIAI^S. 1. Why Reg'ulated by Congress. — When there was no uniformity of traffic with the Indians, constant difficulties arose. The Indians were often wronged, and, in consequence, committed many murders and depredations. It was believed that by a uniform system of commerce, their rights would be better protected, and many of the difficulties prevented. 152 civil government of the united states. ThIRTY-SKCOjMD IvKSSON. POWERS GRANTKD TO CONGRKSS. ARTICLE I; Section 8. — Powers Granted to Congress, continued. 4. To establish a uniform rule of naturalization, and uniform laws on the subject of bankruptcies, throughout the United States; 5. To coin money, regulate the value thereof and of foreign coin, and fix the standard of weights and measures; 6. To provide for the punishment of counterfeiting the securities and current coin of the United States; 7. To establish post-offices and post- roads; 8. To promote the progress of science and useful arts, by securing, for limited times, to authors and inventors, the exclusive right to their re- spective writings and discoveries; 9. To constitute tribunals inferior to the Supreme Court. I. Naturalization. 1. Definition. — ]Vaturalizafio7i is the legal process by which an alien or foreigner becomes invested with the rights of a citi- zen. In the United States this gives him all the privileges of a native born subject, except eligibility to the presidency and vice-presidency. 2. Uniformity of L«aws. — Congress is given exclusive power to pass laws regulating naturalization. This, like most of the provisions of the Constitution, was made in order to correct an error of the Confederation, which left all such power to the individual States, and gave rise to much difficulty on account of the diversity of their laws. Congress has estab- ished a uniform rule, by which an alien may become a natural- ized citizen of the United States, as also of the State or terri- tory in which he resides at the time, and of any State or territory to which he may remove. 3. Laws of Naturalization. — No alien can be compelled to become a citizen of the United States; but, if he so desires, after having resided here five years, he may become one. The following is the process: POWERS GRANTED TO CONGRESS. 153 . 1. He must make oath or affirmation, before a court, that he intends to become a citizen of the United States, and to re- nounce forever all allegiance to any other government. This declaration of intention, as it is called, must be made at least two years before the final steps are taken. It may be made upon his first arrival; but, of course, he Avould have to wait until the end of the required five years to receive his naturaliza- tion papers. 2. When the necessary length of time has expired, he must prove satifactorily to the court that he has resided five years in the United States, and one year in i>he State or territory in which the court is held. He must then make oath or affirma- tion that he voluntarily renounces forever all allegiance to any foreign government, and particularly the one of which he has before been a subject, and that he will support the Constitution of the United States. He is also required to renounce any title of nobility he may have. 3. There is one exception to this rule. A soldier may be- come a citizen of the United States, if he is twenty-one or more years of age, has served one year in the United States army, and received an honorable discharge, and makes the proper oath of allegiance to our government. The fact of his wishing to defend the country is thought to be sufficient evi- dence of his good faith in becoming a citizen. 4. Children born in foreign countries, whose parents are citizens of the United States, are American citizens. The children of naturalized parents are citizens of the United States, provided they were under the age of twenty-one years at the time their parents were naturalized. II. Bankruptcy. When a person is unable to pay his debts, he is said to be hanlhruipt; and a law which releases a debtor from all future payment of such debts, ujion his giving up his entire property to his creditors, is called a iankrtqjt laiv. The object of bankrupt law is two-fold: 1. To satisfy creditors, as far as the entire property of the debtor will do so. 2. To relieve an honest but unfortunate debtor from liability to imprisonment and secure to him his future earnings, in. 154 CIVIL GOVERNMENT OF THE UNITED STATES. order that lie may be encouraged to commence business anew. Congress is given full power to make uniform bankrupt laws and four times has exercised the right, the last law going into effect July 1, 1898. In the first three cases the general opinion seemed to be that the laws worked in favor of dishonest debtors, by allowing them to escape from the payment of their just debts. These laws were therefore each time, after a brief interval, repealed. Many of the States have passed bankrupt laws of their own, ivhicli they areireB to do as long as Congress does not exercise its right; but at anytime when Congress j^asses bankrupt laws, those State laws which in any way conflict become void. • III. Coinage of Money. Congress alone has the power to coin money, and to regulate its value and that of foreign coins. The coining of money in every country is an exclusive privilege of sovereignty. The power here is placed with Con- gress, the representatives of the sovereign people. Exercising this power, Congress has passed laws by which our Nation has a uniform and convenient decimal currency. Congress also, besides coining and regulating the value of our own mone}^, fixes the value of foreign coins; that is, it determines what amount of our money foreign coins shall equal. If this were not so, different States might fix different values for the same foreign coins, thereby causing great wrong and confusion. As is well known, coin is not the only form of money in cir- culation in this country. It is very largely used in the Pacific States; but otherwise the great volume of our circulating medium consists of paper money, which has come to be gener- ally referred to as currency. This comprises national bank bills or notes, ordinarily called national currency, United States treasury notes, poj^ularly known as greenhachs, and gold and silver certificates. Of these, gold coin, silver dollars and greenbacks are legal tender; that is, if a creditor demands it, the debt, if over ten dollars, must be paid in some one of these forms of money. Silver coins below one dollar in value are legal tender in sums of not more than ten dollars, and copjDer and nickel coins in sums of not more than twenty-five cents. POWERS GRANTED TO CONGRESS. 155 IT. Weights and Measures. The power is also given €ongTess to fix the standard of weights and measures; but it has never yet exercised this power. The States, therefore, can adopt their own standards. Congress has, however, obtained accurate copies of the English standards and adopted them for use in the custom-houses of the country. It has also legalized the metric system, but has not made its use obligatory. This system is little used except by scientific men. In 1836 the United States government sent each State a full .set of weights and measures as used in the custom-house. These have been adopted by the States as their standards, so that we have a uniform standard throughout the country. This is very necessary for convenience m trade, and without it there would be great embarrassment. Y. Counterfeiting. The power is given Congress to punish the counterfeiting of the securities and current coin of the United States. By securities is meant bonds, treasury notes, and other evidences of indebtedness of the United States Government. If Congress could not inflict punishment for this crime, there w^ould soon be so much spurious com and securities in circulation that the genuine ones would become w^orthless, and people would be afraid to use money as a medium of ex- change. Therefore laws have been passed on this subject, by wdiich counterfeiting either domestic or foreign coin and securities is punished by heavy fines and long terms of im- j)risonment. YI. POST-OFFICES and Post-Roads. Were the indi- vidual States left to regulate their own postal systems, the confusion and delay that would result in the transmission of our vast amount of mails would be of the greatest injury to both 'the private business and public interests of the people. It was wisely left with a single power. Congress, to exercise control over this department. Its general management is placed in the hands of the Postmaster-General, and the sub- ject will be further discussed in connection with that officer. A post-road is one over which the mail is carried; and any railroad, river, canal, pony trail or wagon route becomes a post- 156 CIVIL GOVERNMENT OF THE UNITED STATES. road when proyision is made by the government for the carry- ing of mail upon or over it. Congress has not found it neces- sary, except in rare instances, to establish post-roads, the roads, opened by the inhabitants of the country having been, in general, sufficient. It has, however, often appropriated money for building bridges and making other improvements. YII. Protection of Authors and Inventors. Tha progress of science and the useful arts is promoted by new books and new inventions. But poor men could not afford to spend their time and labor in writing new books and making new inventions, and few rich men would care to do so, if any- one could print and sell their books, or manufacture and sell their inventions, and thus take from them the reward of their labors. The power to regulate this matter was given to Congress, because no State had power to punish infringement outside its limits. Congress has, therefore, enacted copyright and patent laws, by which authors and inventors have secured to them, for limited times, the exclusive right to their writings and dis- coveries. But Congress can only secure this right for limited times. To give authors and inventors the sole right to their works for unlimited periods of time would tend to check the progress of literature and invention, by establishing continuous monopolies. 1. Copyrig-lits. — An author of a book, map, engraving, chart, j)hotograph, dramatic or musical composition, print, cut, painting, drawing, chromo, statute, statutary, model, or design for a work of the fine arts, may, if he desires, with very little trouble and expense, secure a copyright for his pro- duction. This copyright gives him the sole right to print, publisli and sell his literary production, or multiply and sell, copies of his work of art, for the term of twenty-eight years. At the expiration of that time, the copyright may be renewed for an additional term of fourteen years, either by the author,, or, in case of his decease, by his living representatives. The method of securing a copyright is as follows: 1. Before publication, a printed copy of the title of the book, map, chart, dramatic or musical composition, engraving. POWERS GRANTED TO CONGRESS. 157 cut, print, or photograph, or a description of the painting, drawing, chromo, statute, statuary, model, or design, must be ,sent to the Librarian of Congress, Washington, D. C, together with a fee of fifty cents. This is all the charge for securing a copyright. 2. Kot later than the day of publication, two copies of the work must be sent to the same official. In the case of a print, •drawing, statute, statuary, model, or design for a work of the fine arts, a photograph of the same must be sent. 3. Notice of copyright must appear on the title page, or the page following, of every copy of a book, and upon a yisible ]:)ortion of every other article, by inscribing there either of the two following forms: Entered according to Act of Congress, in the year , by , in the office of the Librarian of Congress, at Washington; or Copyright by 2. Patents. — A imtent is the sole right to make, use or sell a new invention. Letters 'patent are the oflScial documents granting a patent. Patents are granted by the United States government for four classes of inventions: a new or useful art, machine, manufacture, or composition of matter, also any new and useful improvement on such. In securing a patent there is much more to be done than in the case of a copyright; and the expense is much greater. First, an application in writing, signed by the inventor, must be sent to the Commissioner of Patents, Washington, D. 0. The applicant must give a full description of the invention, and send drawings and models in cases that admit of them, and specimens of each ingredient in cases of compo- .sition of matter. He must distinctly state what improvement he claims as his own discovery. The discovery or invention must not have been in public use or on sale for more than two years before making the applica- tion. Examination is made at the patent office, by clerks or examiners, to see if the invention has not been before patented. There are various other steps to be taken; and by circulars obtained from the Commissioner of Patents, all necessary information regarding the matter may be obtained. 158 CIVIL GOVEENMENT OF THE UNITED STATES. Patents are issued for a term of seventeen years. Each article must be marked with the word ^'patented/' the day and year when the patent was granted being also given. YIII. INFERIOR Courts. Under the power granted to establish inferior courts, Congress has created a system of courts which will be described under the United States JUDICIAKY. POWERS GRANTED TO CONGRESS. 159 F'OWERS GRANTKD TO CONGRESS. Article I; Section 8. — Powers Granted to Congress, continued. 10. To define and punish piracies and felonies committed on the high seas, and offenses against the law of nations; 11. To declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water; « 12. To raise and support armies; but no appropriation 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 tho government and regulation of the land and naval forces; 15. To provide for calling forth the militia to execute the laws of the Union, suppress insurrections, and repel invasions, 16. To provide for organizing, arming and disciplining the militia, and for governing such part of them as may be employed in the service of the United States, reserving to the States respectively the appointment of the officers, and the authority of training the militia according to the discip- line prescribed by Congress; 17. To exercise exclusive legislation in all cases whatsoever, over such district (not exceeding ten miles square) as may, by cession of particular States and the acceptance of Congress, become the seat of government of the United States, and to exercise like authority over all places pur- chased, 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; 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 m any depart- ment or officer thereof. I. Piracies and Felonies on the High Seas. 1. Definitions. — Piracy is commonly defined as forcible robbery or depredation on the liigli seas, without lawful author- ity. The same offense is called roliery on land, and inracy on. the high seas. The iQvm. felony, in American law is generally applied to any high crime punishable by death or imprisonment, as murder, manslaughter, arson, burglary, etc. 160 CIVIL GOVERNMENT OF THE UNITED STATES. On account of the diversity that may and does exist in the definitions of these words. Congress is given the j^ower to define them, in order that there may be uniformity. It has passed several acts declaring what crimes shall be treated as piracies. Principal among these, in modern times, is the slave trade. By high seas is meant, not only the waters of the ocean which are out of sight of land, but also the waters of the sea coast below the low water mark, whether within the boundaries of a ifation or state. 2. Power of Punislinieiit. — Naturally the power to punish crimes on the high seas belongs to the National Government, as the jurisdiction of the States does not extend outside their limits. And as Consfress has control of commerce and all foreign relations, the power of protecting navigation of neces- sitv belongs to that bodv. II. Offences Against the Law of Nations. For- eign nations naturally hold the National Government responsible for offenses committed by its citizens against their laws. Americans are, to tliem, citizens of tlie United States, and not of individual States. Therefore, unless the National government had the power to punish such offenses, there would be constant danger of controversy and war with other nations. Congress may also define as well as punish these offences. III. Declaring War. The power to declare war is one of the highest privileges of national sovereignty, and one that should be exercised with the most extreme care. In monarchial governments this power belongs to the monarch, and is often used unnecessarily as a means of securing wealth and glory, or avenging imaginary wrongs. But it is the people who have to bear the burdens of war, and therefore the people should .have the power to say whether war should or should not be. Here they have this power through their representatives in Congress; and the chief executive is denied so dangerous a |)rivilege. IT. Letters of Marque and Reprisal. 1. Definition. — Marque, derived from a word meaning POWERS GRANTED TO CONGRESS. 161 boundaiy, is a license by the government to go beyond the limits of one's own country for the purpose of msikmg^rejTrisals. This latter word signifies a taking in return, by way of retalia- tion. Letters of marque and reprisal are commissions from the government, authorizing private persons to seize the property of an enemy, as a satisfaction for some injury committed. 2. Wlien and How Used.— These letters are generally granted in time of war, to the owners or masters of armed vessels which are private property, and which, when thus commissioned, are called privateers. This commission permits the capture of any of the enemy's vessels, whether owned by the government or private citizens, and whether armed or not. The owner and crew of a privateer are allowed to have the property oaptured. Even in time of peace, these letters are sometimes granted by a government to subjects who have been wronged by the subjects of another nation and are denied justice, in order that the injured parties may obtain satisfaction for their injuries. Formerly privateering was a common practice; but in more recent times it has come to be looked upon as disreputable, and little more than legalized piracy. Nearly all of the highly civilized nations have discontinued its practice. 3. By Whom G-ranted. — Congress has the sole power to grant these letters. As the tendency of reprisals is to ^^rovoke war m time of peace, and as, m time of war, they are merely one means of carrying on the war, the j30wer, of right, belongs •exclusively to the National Government. T. Captures on Land and Water. The power of making rules concerning captures on land and water belongs, with the other war j^owers, to Congress. The captured prop- erty is called a prize, and is usually distributed among the captors as a reward for bravery. But first a competent United States court must decide that the property was legally captured from the enemy, that is, was captured according to the pre- scribed rules of honorable warfare. This is to guard against the liberties and abuses which always accomjDany war. 11 162 CIVIL GOVERNMENT OF THE UNITED STATES. Tl. Raising and Supporting Armies. The expert ence of the government during the Eevolution, when it could declare war but could not raise or pay a single soldier, clearly demonstrated to the country the need of such power in the hands of the National G-overnment. Therefore, as Congress was given the privilege of declaring war, the power to raise and. support armies was joined with it. But Congress cannot make any appropriation of money for this purpose for a longer term than two years. This restric- tion was placed on its power, in order that no Congress might vote appropriations so far ahead as to make it possible for the President, who is commander-in-chief of the army, to gather so large a force under his control that he could defy the power of Congress and overthrow the government. It was also done to prevent the keeping of a large standing army. As the army is dependent for its support upon the appropriations of every new Congress, by refusing to vote such means of support, any Congress could cause the dismemberment of an armed force that was threatening the liberty of the people. Appropriations are now made annually, and the army is thus kejpt closely under the control of the people's rejDresentatives. YII. Protiding and Maintaining a Naty. For a country like ours, a navy is as indispensable as an army. Not only is it needed to protect commerce, fisheries and navigation, but, in time of war, to protect our long stretches of sea coast from the enemy. Many of our chief commercial cities are located on the coast, and their possession would give dangerous advantage to opposing forces. The navy of any nation consists of the whole number of its ships of war taken together. The power to jirovide and main- tain a navy belongs with the power to raise and support armies. YIII. The Goternment and Regulation of the Land and Naval Forces. Congress, exercising the power given it, has enacted a code of rules for the government and regulation of the army and navy, both in time of peace and of war. These rules together are called the military latu. POWEES GRANTED TO CONGRESS. 163 IX. The Militia. As we have but a small standing army our country places its main reliance ui^on the citizen soldiers or militia of the States, both to protect it against foreign inva- sions and quell domestic insurrections. Therefore the power to provide for calling forth this militia belongs with Congress, who has the power to declare war. It may be called out: 1. To execute the laws of the United States. 2. To suppress insurrections. 3. To repel invasions. Congress has exercised its privilege by conferring upon the President the power of calling forth the militia whenever a necessity provided for by the Constitution arises. To the National Legislature is also given the power to pro- vide for organizing, arming and disciplining the militia. But to the States is reserved the privilege of appointing officers, and of training the militia, which latter must be done according to the discipline prescribed by Congress. Harmony of action, when it comes to actual service in the field, is a necessity, and it is only possible when troops have been organized, armed and disciplined under a uniform system. X. Ceded Districts. 1. District of Colimibia. — l^ear the close of the Revolu- tionary war, when the old Continental Congress was in session at Philadelphia, it was at one time subjected to insult by some insolent mutineers of the American army. The Pennsylvania State authorities giving it no protection, it was forced to remove to Princeton, N". J., in order to escape open violence. At various other times it was necessary to change the seat of government. By reason of these experiences, the framers of the Constitu- tion appreciated the necessity of giving to the United States absolute control over its seat of government. The clause to this effect was therefore inserted in the Constitution. When the National Government organized, there was, at first, great jealousy between the States with reference to the location of the National Capital. The j^rinciple cities in the Middle States, Philadelphia and New York in particular, con- tended for the honor. They thought thereby to gain great 164: CIVIL GOVERNMENT OF THE UNITED STATES. importance and perhaps acquire larger influence in the General Grovernment. Partly to avoid this very possibility, Congress decided to locate the seat of government at an entirely new place. In 1788-9, Maryland and Virginia ceded to the United States a tract of land containing one hundred square miles, lying each side of the Potomac Eiver. This section was the choice of the patriot whose name the capital city bears. The government was removed there in December, 1800, where it has since remained. But the section proved so much larger than was needed, that, after nearly sixty years, the gift of Virginia, about forty-five miles square, was returned to her, leaving the District wholly on the Maryland side of the river. It is now almost entirely occupied by the cities of Washington and Gi-eorgetown, with their suburbs. This District is neither a State nor a territory. Its inhabit- ants do not vote, and have no representatives in the National Legislature. Congress having entire control of the District, makes special laws for its government. It has placed tlie general management in the hands of three commissioners, two of whom are appointed by the President and Senate for three years, while the third is an officer of the corps of engineers of the army, selected by the President. 2. Otlier Ceded Districts. — Congress also has exclusive control over all places purchased for the erection of forts, magazines, arsenals, dockyards and other needful buildings, provided these places are purchased by the consent of the Legislatures of the States in which they are. It is only by consent of the Legislatures that the State governments lose their jurisdiction over these places; and the ]S"ational Govern- ment cannot force them to do this. Unless such consent is given, the State still has jurisdiction over places held by the United States within its limits. It is very important that Congress should have exclusive control over such places, in order to prevent misunderstandings as to jurisdiction between the National Government and the State Governments. The inhabitants of these ceded places are legally, no longer inhabitants of the State, and do not jiossess POWERS GRANTED TO CONGRESS. 165 the civil and political rights which would belong to them under the laws of the respective States. Quite generally the States reserve the right to serve all State processes, both civil and criminal, upon persons found therein in order to prevent such places from becoming retreats for fugitives from justice, who have committed crimes against State authority. XI. Implied Powers. When a person is given the power to do some particular thing, it is reasonable to suppose that the use of means necessary to accomplish that thing is also granted. The Constitution gives Congress power to do various things, and, necessarily, the right to use all means needed for the accomplishment of these things belongs with it. But in order, evidently, to settle any questions that might arise concerning the supreme authority of Congress over all National matters not expressly forbidden by the Constitution itself, the eighteenth clause was added. It gives Congress the privilege of making all laws necessary and proper for carrying into execution all power vested by the Constitution in the Government of the United States, or in any department or office thereof. This was called the *^^ sweeping clause^' by Patrick Henry, and is of ten said to give Congress power to do anything and everything. Great opposition to it was exhibited by those favoring large State powers, when the Constitution was under discussion; and it is over these implied powers of Congress that parties favoring a strict or a liberal construction of the Consti- tution divide. Under the right of implied powers. Congress has passed some of the most important of its laws. The purchase of great tracts of foreign territory, the establishment of national banks, and the law making greenbacks legal tender, are among these. 166 CIVIL G-OVERiSIMENT OF THE UNITED STATES. PROHIBITIONS UPON THK UNITKID SXiVrKS. Article I.; Section 9. — ProMbitions Upon the United States. 1. The migration or importation of such persons as any of the States now existing shall think proper to admit, shall not be prohibited by the Congress prior to the year one thousand eight hundred and eight ; but a tax or duty may be imposed on such importation, not exceeding ten dollars for each person, 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. Xo bill of attainder or ex post facto law shall be passed, 4. No capitation or other direct tax shall be laid, unless in proportion to the census or enumeration hereinbefore 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 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 regular statement and account of the receipts and expenditures 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 Congress, accept of any present, emolument, office or title of any kind whatever, from any king, prince, or foreign State. I. The Slate Trade. As far back as the history of the human race reaches, slavery is known to have existed. Bar- harous and civilized nations alike have upheld and followed this practice. Among the ancient races the slave trade was a regular branch of commerce, and even at the time of the for- mation of the Constitution it was carried on to a certain extent by every civilized natibn in Europe. Many of the American colonists, however, looked upon this practice with disfavor, and attempted to check it while they were still under British rule; but the English government refused to listen to their PEOHIBITIOI^S rPON THE UNITED STATES. 167 appeals, and in every way favored importing slaves into the colonies. After the colonies became States, many of them prohibited the foreign slave trade; and in the Constitutional Convention there were many of the delegates who strongly condemned the whole system of human servitude. But the delegates from those States which still imported slaves, and whose climate and soil were favorable for negro labor, insisted that the right of importing slaves should be secured to the States, and that, otherwise, their States would not ratify the Constitution. The opposing party thought such a provision ^ould dishonor a government founded on principles of liberty and equality; and some opposed it on the ground that it gave a State opportunity to increase its representation in Congress by importing slaves from Africa. But, though the majority were in favor of leaving Congress free to prohibit the trade at any time, it was evident that so many States, in such case, would reject the Constitution, that this majority partially yielded. They agreed to leave the slave- trade free for twenty years, or until 1808, with the condition, liowever, that a tax or duty might be imposed, not exceeding ten dollars, for each person imported. After the adoption of the Constitution, although Congress could not prohibit the importation of slaves into the States, it •did all in its power to otherwise prevent the traflBc. It j)assed acts prohibiting the people of the United States from trans- porting slaves /rom- the United States to any foreign country, or between foreign countries, for purposes of traffic. And just as soon as the twenty years had expired, on the first day of January, 1808, an Act of Congress took effect, imposing heavy penalties upon any person who should engage in the slave-trade. Other acts followed, increasing these penalties; and in 1820 foreign slave-trade was declared to be piracy, punishable with death. All of these acts referred to foreign slave-trade, and none to the traffic between the different States; that matter was regulated by the States themselves. II. The Writ of Habeas Corpus. The suspension of this writ was thought to be so dangerous to personal liberty that Congress was expressly forbidden the privilege, except in 168 CIVIL GOVERNMENT OF THE UNITED STATES. times of rebellion and invasion; and then in no case where the public safety does not actually require it. During the Civil War the power of suspending this writ was vested by Congress in the President, and was exercised by him in those localities actually in a state of war. III. Bills of Attainder. Among the former customs of England, one of the most cruel and tyrannical was the method of condemning persons by hills of attainder. These were Acts of Parliament, by which a person was convicted of some great crime, usually treason, punishable by deatli, with- out any regular trial in court. And not only was his life for- feited, but all his property went to the English crown; and his blood was said to be corrupted or attainted, so that his children could not inherit from their ancestors any property or title which descended through the father. This was a favorite means of getting rid of persons who had committed no real crime, but who had become obnoxious to the king or Parlia- ment, usually by reason of political opinions. The exercise of such a power would violate every princij)le of our free government. Therefore Congress is forbidden ever to pass such laws. Sometimes, in England, another kind of bill, called a hill of pains and penalties, was passed, to punish ob-noxious persons. This differed from the bill of attainder only in not inflicting the death penalty. It is generally held that the prohibition in our Constitution concerning bills of attainder includes, also, the bill of pains and penalties. IT. Ex Post Facto Law. When the law in force in regard to the slave trade made that offense punishable with fine and imprisonment, if offences of such nature had been committed, and afterward Congress, in passing the act that made the crime punishable with death, had apjDlied it to those cases, that law would have been an ex post facto law. If Congress should to-day j)ass a law making the importation of foreign cloth an offence punishable with fine and imprisonment, and apply it to all cases of persons who had imported such goods within the past year, that would be an ex post facto law. The ex23ression ex ^-^nst facto is from the Latin, and means literallj PEOHIBITIONS UPON THE UNITED STATES. 169 "from after the fact." Any law passed after an act is com- mitted, making that act punishable, although it was not pun- ishable when committed, or any law making the punishment for an offence greater than it was when the offence was com- mitted, is an ex post facto law. The Supreme Court of tlie United States has defined such a law as "one which renders an act punishable in a manner in which it was not punishable when it was committed." Justice requires that a person should not be punished for an act that was innocent when done; and that he should know, or have it in his power to know, just how great the punishment for an act is when he is committing it, and consequently Avhat risks he is taking. T. Direct Tax. It will be remembered that by the clause providing for the apportionment of members of the House of Representatives, direct taxes were to be apportioned in the same manner, according to the population, countino^ three-fifths of the slaves. This clause, declaring that no direct tax shall be laid except in that way, was added for greater security. Of course, if direct taxes were now levied, they would be in proportion to the whole population, less the Indians not taxed. VI. Export Duties. Several provisions of the Consti- tution aim at the impartial distribution of taxes amono- the States. This' clause, prohibiting the laying of export duties, is one of them. As the i)roductions of the States vary greatly with climate, soil, and location, it would be impossible to so adjust export duties that their burden would bear equally on all the States. If Congress had the power of laying export duties, there would always be danger of the representatives from certain States combining to lay heavy duties on the exports of other States, and light ones on the exports of their own. This would be a constant source of irritation between the States. Also, exjDort duties would necessitate increasing the prices of our exported goods sufficiently to cover these taxes; and this. 170 CIVIL GOVERNMENT OF THE UNITED STATES. in many cases, would make it impossible for ns to compete with other nations in foreign markets. YII, No Preference in Trade. Moreover, it was in- tended that all the States should share equally in the privileges - of trade; hence any preference of the ports of one State over another is forbidden; and no vessels bound to or from one State are obliged to enter, clear, or pay duties in another. This does not mean that vessels going from one State to another are not obliged to enter, clear, or pay duties at all, for there are laws of Congress enforcing these things in certain cases. But it means that a vessel can only be obliged to clear in the State from ivliicli it is bound, and enter and pay duties only in the State to ivliicli it is bound. This was to prevent vessels from being compelled to enter, clear, or pay duties at ports from which they did not come and to which they were not going. Thus a vessel bound to Tacoma from Panama could not be obliged to enter, clear, or pay duties in Portland. During the colonial period, American vessels were compelled to enter and clear at an English port before they could trade with foreign ports, no matter how great the inconvenience. Till. Appropriations. To the long list of powers given Congress by the people of the United States, the control of the public treasury was added. Not a cent of money can be drawn from this treasury without the consent of Congress. The War Department cannot pay the salary of an officer, the Navy Department cannot pay for a ship of war, the President himself cannot draw a dollar of his salary, until Congress has made an appropriation for each particular case; that is, has passed an act providing that a certain sum of money in the treasury may be paid for such purpose. Thus the public money is entirely controlled by the representatives of the people. At every session Congress makes an immense number of appropriations, the ordinary annual expenses of the United States G-overnment being more than $240,000,000. But in order that Congress may not pay out the people's money in a wasteful and extravagant manner, a check is placed on their action, by requiring the publication from time to time of a regular statement and account of all receijDts and expenditures PROHIBITIONS UPON THE UNITED STATES. 171 of public moneys. This also acts as a check on the heads of -departments in regard to incurring unnecessary expenses. Short general statements are published monthly, and full accounts annually. IX, Titles of Nobility. Congress is emphatically for- l^idden to grant any title of nobility, either to the citizens of this country, or those of any other country. It was intended that this should be a gOYernment under which all men are equal, where no unjust class distinctions exist. X. GrlFTS. In order to guard against officials of the United States being influenced by foreign governments in the perform- ance of their duties, all such officials are forbidden to accept any present, emolument, office or title from any king, prince or foreign state, unless Congress gives special permission. An Oriental ruler once presented President Van Buren with some costly jewels; but he could not accept them, and they still lie in the United States treasury at Washington. Also in the National Museum are many valuable and beautiful articles which have been i^resented to different United States officers, and handed over by them to the government. Occasionally Congress passes a special act, allowing some officer to kcej) a gift. 172 CIVIL GOVERNMENT OF THE UNITED STATES. Thirxy-Kikxh Lesson. F»ROHIBITIONS UPON THE STATTES. Article I; Section 10. — 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 nobility. 2. No State shall, without the consent of the Congress, lay any impost 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 imposts laid by any State on imports or exports shall be for the use of the^ treasury of the United States; and all such laws shall be subject to the revision and control of the Congress. 3. No State shall, without the consent of Congress, lay any duty of tonnage, keep troops or ships of war in time of peace, enter into any agreement or compact with another State or with a foreign power, or engage in war unless actually invaded, or in such imminent danger as will not admit of delay. I. Treaties, Alliances and Confederations. The States are forbidden to enter into any of these engagements. Treaties are agreements between two or more nations upon any subject; alliances and confederations are unions of nations for some common object; but a confederation is a closer union than an alliance. If individual States were free to enter into any of these agreements or unions with foreign nations, the arrangements of one State would constantly interfere with those of another and with those of the G-eneral Government. This would occasion trouble between the States, and difficulties with foreign nations that might end in war. As all the States form one Nation, plainly the privilege of treating with foreign powers should belong to the National G-overnment alone. II. Letters of Marque and Reprisal. The States are forbidden to issue these commissions, as by so doing any one State might at any time involve the whole country in wars with foreign governments. PEOHIBITIONS UPON THE STATES. 173 III. Prohibitions Concerning Money. 1. Coining- Money.— If the States were allowed the privi- lege of coining money, there would be no uniformity in the currency of the country; and that was one great object in giving the power to Congress. Therefore they are denied the privilege. 2. Emitting- Bills of Credit. — This the States are also forbidden to do. Bills of Credit are paper obligations or promises to pay certain amounts of money to persons holding them, and are issued in a way to be used as money. During and after the Eevolution, the States issued a great amount of this money, which they failed entirely to redeem, •and it became worthless. Consequently those holding this paper currency suffered great losses, business was destroyed, and general bankruptcy ensued. Bills of credit do not include bank bills, nor written con- tracts by which a State binds itself to pay money for services actually received, or for money borrowed. United States treasury notes, or "greenbacks," are bills of credit. 3. Legal Tender. — The States are forbidden to make any- thing but gold and silver coin a tender in payment of debts. This prohibition also is made with the object of securing a sound and uniform currency to the country. Before the adoption of the Constitution, some of the States had declared their worthle'ss j)aper money legal tender, and creditors being thus compelled to receive it in payment for debts, suffered great losses. Paper money is always liable to sudden rising and falling of Talue, while gold and silver are more stable. IT. Other Prohibitions. Passing bills of attainder and ■ex post facto laws and granting titles of nobility, are forbidden the States, for the same reason that the General Government is thus prohibited. T. The Obligation of Contracts. In its usual mean- ing in the law, a contract is an agreement of two or more j)ersons, upon a sufficient consideration, to do or not to do some jDarticular thing. During the disastrous years of the Confed- 174 CIVIL GOVERNMENT OF THE UNITED STATES. eration, the States repeatedly passed laws which disregarded the rights of individuals under existing contracts. Debtors were authorized to tender any sort of property, though nearly worthless, for debts; and remedies for the recovery of debts, were discontinued. So evil were the effects of these laws that the framers of the Constitution determined to do away with such possibilities in the future. No State, therefore can pass, any law which will interfere with the binding force of contracts which have been legally made. It is said that this prohibition has caused more controversy and litigation than any other clause of the Constitution. TI. Inspection Duties. The states are forbidden to lay import or export duties, unless with the consent of Con- gress. The aim of the authors of the Constitution was to place the whole subject of regulating commerce within the power of Congress. But one exceiDtion is made; the States are free to lay these duties to an amount necessary to execute their inspection laws. Inspection laius are those made for the inspection or examin- ation of various commodities, such as meat, flour, leather, etc., in order to find out their quality and mark them accordingly. The object of this is to improve the quality of articles produced by the labor of the country, and to better fit them for exporta- tion and for home use, by securing the purchasers against fraud. It is to meet the expense of carrying out such laws that, the States are allowed this privilege. But if unrestricted power were given the States in this mat- ter, there would be great danger of abuses following. Some might attempt to raise revenue or protect their own manufac- turing interests, by laying heavy duties on the importations from other States; or sea-board States might tax the i^roduc- tion of States trading through their harbors; and all this under cover of executing their inspection laws. To prevent these evilG, the following restrictions are 23laced on their power: 1. Only such duties can be laid as are absolutely necessary to execute their inspection laws. 2, The net produce of such duties, that is, all surplus after PROHIBITIONS UPON THE STATES. 175 paying the expenses of inspection, must be for the use of the United States treasury. 3. All inspection laws must be subject to the revision and control of Congress. Til. Tonnage Duties are taxes laid on vessels in pro- portion to their cubical contents expressed in tons. Tonnage is not what a vessel weighs, but the number of tons of freight she can carry. These duties are forbidden the States, unless with the consent of Congress, as they are a means of regulating commerce. Till. War. The States are forbidden without the consent of Congress, to keep troops and ships of war in time of peace, or to engage in war unless actually invaded, or in such immi- nent danger as will not admit of delay. This is to prevent any State from keeping an armed force that would endanger the public safety. It does not, of course, refer to the militia, which every State is expected to maintain. As all war powers belong to Congress, they are properly forbidden the States. IX. Agreements or Compacts. We have seen that the States are unconditionally forbidden to enter into any treaty, alliance or confederation. We now see that they are forbidden to enter into any agreement or compact with each other or with foreign powers, unless with the consent of Congress. These latter refer to any temporary agreements, and are forbidden for the same reasons as the former. 176 CIVIL GOVERNMENT OF THE UNITED STATES. Thirty-Sixth IvKsson:. ELECTION OE F^RESIDENT JVND VICE- PRESIDENT. ARTICLE II. — Executive Department. Section 1. — Term and Election of President and Vice-President.. 1. The executive power shall be vested in a President of the United States of America. He shall hold his office during the term of four years, and, together with the Vice-President chosen for the same term, be elected as follows : 2. Each State shall appoint, in such manner as the Legislature thereof may direct, a number of electors, equal to the whole number of Senators and Representatives to which the State may be entitled in the Congress; but no Senator or Representative, or person holding an office of trust or profit under the United States, shall be appointed an elector. 3. Amendment XTI. [(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 be an inhabitant of the same State with themselves; they shall name in their ballots the person voted for as President, and in distinct ballots the person voted for as Vice-President, and they shall make distinct lists of all persons voted for as President, and of all persons voted for as Vice- President, and of the number of votes for each, which lists they shall sign and certify, and transmit sealed to the seat of government of the United States, directed to the President of the Senate; the President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates, and the votes shall then be counted; the person having the greatest number of votes 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 a 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 President, the votes shall be taken by States, the representation from each State having one vote; a quorum for this purpose shall consist of a member or members from two-thirds of the States, and a majority of all the States shall be necessary to a choice. And if the House of l^epresentatives shall not choose a President, when- ever the right of choice shall devolve upon them, before the fourth day of March next following, then the Vice-President shall act as President, as in the case of the death or other constitutional disability of the President. ELECTION OF PRESIDENT AND VICE-PRESIDENT. 177 (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 Senators, 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. The Congress may determine the time of choosing the electors, and the day on which they shall give their votes, which day shall be the same throughout the United States. I. The Executive Power Tested in One Person. TJnder the Confederation there was no executive to enforce the laws after they were made. The Constitutional Convention determined to remedy this weakness, by providing a strong executive department. But there was great difference of o]3inion among them whether this power should be vested in one person, or in a ISTational council. It was agreed by all that laws should be put into execution with the greatest energy and promptness; and it was finally decided that one person could do this to much better advantage than a body of men, who would, of necessity, be subject to rivalry and disagreements, resulting in injurious delays and weak execution. Thus the power was vested in a President, who was to be held personally responsible for its proper exercise. II. Term of Office. There was also much disagreement and discussion over the length of the term of office of the Chief Executiye. Some favored a life term, or during good behavior; others short terms of various lengths. It was thought desirable to make the term sufiiciently long for the administration to ieel a certain degree of independence of the people, and give it time to put its policy to a practical test; but not so long as to partake of the nature of a monarchy or warrant too much independence on the part of the executive. The term of four years was settled upon as the most likely to secure all these desirable features. This is intermediate between the term of 12 178 CIVIL GOVERNMENT OF THE UNITED STATES. office of Senator and that of Kepresentative. It commences on. tlie fourth day of March after the election. A President may serve as many terms as the people will elect him; there is no limit given. Several Presidents have been re-elected; but, as yet, none have been elected, for a third term. The Vice-President is chosen for the same term as the President. III. Election of President and Yice-President. Various methods of electing the President were proposed in the Convention, and it was not until near its close that the matter could be positively settled. At one time it was decided that Congress should be given the power to elect, but this would make the Chief Executive dependent upon that body, and tend to destroy his liberty of action; for he would be liable to con- form to the Legislators' wishes in his official acts, in order to secure a re-election. Another plan provided for his election directly by the people; but there would then always be the danger, in the excitement attendant upon so important an election, of the people acting without judgment and delibera- tion, and falling into grave errors. Several other propositions were before the Convention; but it was finally settled that a select body of men, chosen as representatives of the people, would carry out the popular will in a wiser and safer manner than could otherwise be done. Some then thought that the State Legislatures should constitute this body for their respect- ive States, but the majority favored choosing men for this purpose alone. It will.be noticed that the twelfth amendment is substituted in place of the third clause of the section under discussion. This is done because the original clause has become void by reason of this amendment, which was added to the Constitu- tion in 1804. Since, under the Confederation, there had been no executive, the authors of the Constitution had not learned what errors to avoid in providing one, as tliey had learned through the experiences of the Continental Congress in regard to the legislative department; and the result demonstrated their lack of this practical knowledge. By the original plan of choosing a President and Vice- ELECTIOIT OF PRESIDENT AND VICE-PRESIDENT. 179 President, each person appointed for that purpose voted for two persons as President; no votes were cast for Vice-President. The person securing the highest number of votes, if such number was a majority of the whole, was President; and the one receiving the next highest number was Vice-President. If no result was reached the election went into the House of Representatives, where, after the President was chosen, the one having the highest number of votes was Vice-President; and if no one person received that, number, the election for Vice- President went into the Senate. But in no case could there be a Vice-President selected until after the President was chosen. The plan worked badly, and in 1801 a very long and exciting contest occurred in the House over the election of President, Thomas Jefferson and Aaron Burr having received the same number of votes, which was a majority of the whole. To avoid another such occurrence, before the next election, the amend- ment was added which is still in force. This latter method is cumbrous and open to serious objection, and repeated efforts have been made to alter it, but as yet none have succeeded. The method is as follows: 1. Election of the Electors. 1. Definition.— The men who are selected by the people to choose their President and Vice-President are called Electors; and the whole body of Electors is known as the Electoral College. 2. Number of Electors, — Each S«cate chooses as many Elec- tors as the whole number of its Representatives and Senators. Thus the representation of each State in the Electoral College is the same as its representation in Congress. 3. Hoiu Chosen. — The Legislatures of the States are given the privilege of directing, how these Electors shall be chosen in their respective States. At first there was no uniformity in the methods employed by them, but now Electors are universally voted for directly by the people. 4. When Chosen. — As we have seen, each political party nominates in each State an Electoral ticket from among its own party men. Congress is given the power to determine the 180 CIYIL GOVERNMENT OF THE UNITED STATES. time of choosing Electors, and has, by law, fixed this time as the first Tuesday after the first Monday in ]N"ovember of every fourth year. Consequently, on that day the people of all the States in the Union vote for their Electors. 5. Prohibition. — No officer of the United States can be ap- pointed an Elector. This was provided to prevent any officer of the government acquiring undue influence in the election of President and Vice-President. 2. Proceedings of tlie Electoral CoUeg-e. 1. Time of Meeting. — The Constitution gives Congress the power of determining the day on which the Electors shall cast their votes, but provides that such day must be the same throughout the United States. Congress has fixed the time as the second Monday in January following the year in which they are appointed. 2. Place of Meeting. — It was not thought advisable to re- quire the electors to travel the long distances necessary to reach the National Capital, for the sole purpose of casting their votes; and so it was settled that the electors should meet in their respective States. The State Legislatures determine where these meetings shall be held, and the State Cajoital is, in nearly all cases, the choice. 3. The Voting. — When the Constitution was framed, it was intended that the Presidential Electors should use their indi- vidual judgment in selecting the persons for whom they should vote; but the existence of political parties, and their |)ractice of nominating candidates, has completely done away with all personal decision on the part of the Electors. They are now merely machines which register the will of the people. When Electors are elected, it is known for just what Presidential can- didate they will vote; and, although there is no law compelling an Elector to vote for his party nominee, should he do other- wise he would be looked upon as little less than a traitor, so strong has party feeling become. The Electors vote on separate ballots for President and Vice-President, one of whom at least must not be an inhabitant of the same State with themselves. The President and Vice-President are never from the same State. ELECTION OF PRESIDENT AND VICE-PRESIDENT. 181 4. Tlie Returns.— T\iQ Yote is counted, and three lists made of all the persons voted for as President and as Vice-President, with the number of votes each has received. These three lists are certified to and signed. by all the Electors, and sealed. One certificate is sent by mail to the President of the Senate, at Washington; another is sent to the same official by a special messenger appointed by the Electors, whose expenses are paid by the government, and who must pay a heavy fine if he fails in the performance of his duty; the third list is deposited with the Judge of the United States district court for that district in which the electors are assembled. This sealed vote is called a return; and if, by the fourth Monday in January, neither of the returns sent by mail or by messenger has reached the President of the Senate, a messenger is sent after the copy deposited with the judge. 3. Counting- the Votes. — On the second Wednesday of the following February, the Senate marches in a body to the Hall of Eepresentatives, the members of the House standing to receive them. When all are seated, the President of the Senate opens the certificates in the presence of both Houses, and hands them to tellers previously appointed by the respective Houses. These tellers count the votes State by State, in alphabetical order, and the presiding officer declares the vote of each State separately, and the vote of all taken together. The person receiving the majority vote for President of the whole number of Electors appointed is declared duly elected President of the United States; and the person receiving the majority vote for Vice-President of all the Electors appointed is declared elected Vice-President of the United States. 4. Election Tby tlie House,, In case no one receives the required majority for President, which may happen when there are more than two candidates in the field, the election goes into the House of Eepresentatives. This body, closely repre- senting the popular will, was thought more likely to carry out the wishes of the people at large. The House is required to choose a President from among the three persons securing the highest number of votes in the list of those voted for as Presi- dent. The voting must be done by States, the representation 182 CIYIL GOYEENMENT OF THE UNITED STATES. of eacli state haying but one vote. The Yote cannot be taken unless a quorum is present, and a quorum consists of a repre- sentation of one or more members from two-thirds of all the States. A majority of the States is necessary for a choice. In case the House does not make a choice before the fourth day of the following March, when the Congress expires, the person selected for Vice-President must act as President. In this election by the House the small States have equal advantage with the large States. Thomas Jefferson and John Quincy Adams are the only Presidents who haYC been elected by the House of Eepresentatiy-es. 5. Election by tlie Senate. — If no person receives a majority for Vice-President in the Electoral College, the Senate must elect one. This privilege naturally belongs to the Senate, in which body the Vice-President acts as presiding officer. From the two persons having the highest number of votes on the list, the Vice-President must be chosen. A quorum for this purpose consists of two-thirds of the whole number of Senators, and a majority of the whole number is necessary for a choice. It will be observed that the Senators do not vote by States, as the Representatives do in the election by the House, but each one Yotes separately. 6. The Electoral Oommission. — In 1876 there arose great disputes in Florida, Louisiana, Oregon and South Carolina oyer their election returns; the Democratic and Republican parties each claiming the election of its candidates. To settle the matter an Electoral Commission was appointed by Congress in January, 1877, consisting of five United States Senators, five members of the House of Representatives, and five associate justices of the United States Supreme Court. This Commis- sion examined the returns, and, by a Yote of eight to seven, two days before the inauguration, rendered a decision which made Rutherford B. Hays, the Republican candidate, Presi- dent. IT. A Minority President. The serious objection to this method of choosing a President and Vice-President through ELECTION OF PBESIDENT AND VICE-PKESIDENT. 183 Electors lies in the fact that it is possible for persons to receive a majority of the Electoral votes and still not be the choice of the people. To illustrate this, suppose the Republican nominee for President receives 5,000 more votes in Ohio than all other candidates; he would then secure the 23 Electoral votes of that State. Then suppose the Democratic nominee receives 12,000 majority in Connecticut; this would secure to him the 6 Elec- toral votes of that State. The Republican candidate would then have a majority of 17 of the Electoral votes of these two States; while the Democratic candidate would have a 7,000 majority vote of the people. This same condition may exist as well in case of the whole number of States taken together as with the two used in illustration; and, in fact, this has already liappened many times. A president who does not receive a majority vote of the people is called a minority President. 184: CIVIL GOVERNMENT OF THE UNITED STATES. AND VICK'PRKSIDENT. Article II; Section 1. Qualifications, Salary, etc., of the President and Vice-President. 5. No Derson except a natural-born citizen, or a citizen of the United States at the time of the adoption of this Constitution, shall be eligible to the office of President; neither shall any person be eligible to that office who shall not have attained to the age of thirty-five years, and been four- teen 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 devolve on the Vice-President; and the Congress- may by law provide for the case of removal, death, resignation, or in- ability, both of the President and Vice-President, declaring what officer shall then act as President; and such officer shall act accordingly, until the disability be removed or a President shall be elected. 7. The President shall, at stated times, receive for his services a com- pensation, which shall neither be increased nor diminished during the period for which he shall have been elected, and he shall not receive within that period any other emolument from the United States, or any of them. 8. Before he enter on the execution of his office, he shall take the fol- lowing oath or affirmation : " I do solemnly swear (or affirm) that I will faithfully execute the office of President of the United States, and will, to the best of my ability, preserve, protect, and defend the Constitution of the United States." I. QUALIFICATIONS OF PRESIDENT AND YICEPRESI- DENT. In the Constitution there was nothing said in regard to the qualifications of the Vice-President; nor was it necessary since there was no such thing as a candidate for the Vice- Presidency; both were candidates for the Presidency. But the amendment which provides that a Vice-President be voted for as a separate candidate, also declares that the same qualifi- cations required for eligibility to the Presidency shall be required for eligibility to the Vice-Presidency. As the Vice- President is chf^Hen to fill the office of President in case of QUALIFICATIONS OF PRESIDENT AND VICE-PRESIDENT. 185 vacancy, he should, of necessity, have the same qualifications as the latter. A person to be eligible to either office must have the following qualifications : 1. Citizenship.— He must be a natural born citizen. No foreign-born person can fill the highest office in our govern- ment. This provision was made to o-uard as^ainst foreign influence, and the intrigues of ambitious foreigners for this position of honor and trust. One exception to this rule, however, was made in the Constitution: a citizen of the United States, at the time of the adoption of the Constitution, though a naturalized citizen, could hold the office of President. This exception was made because of the many citizens of foreign birth who had risked their lives and spent their fortunes in the protection of their adopted country through the bloody war of the Kevolution. To have denied them any privileges which were given the native-born citizen would have been gross in- justice. As all such persons have long since died, this provision no longer has any force. 2. Ag-e. — He must be at least thirty-five years old. At this age a man's faculties are supposed to be fully developed, and he has had time in which to acquire the ex23erience in public affairs necessary for so high and responsible a j)osition. 3. Residence. — He must have been fourteen years a resi- dent of the United States. Long residence in a foreign country tends to alienate the affections of a citizen from his native land, to make him favorable toward foreign institutions, and perhaps easily moved by foreign influence. It also serves to make him unfamiliar with the public affairs of his own country, and the people unfamiliar with him. For these reasons a fourteen years' residence in the United States is required. II, YA.CANCY. In case of the removal, death, resignation or disability of the President, the Vice-President fills his office for the remainder of the term. And in the case of the inabil- ity of both the President and Vice-President to act. Congress is given the power to provide by law for filling the vacant office, by declaring what officer shall then act as President. In 1881, at President Garfield's death Vice-President Arthur beca.me President. According to the law then in force in 186 CIVIL GOVERNMENT OF THE UNITED STATES. regard to the Presidential succession, the office, after the Yice- President, devolved upon the President of the Senate, and, after him, upon the speaker of the House. Congress was not in session, and the Senate had neglected to elect a President pro tempore before adjourning. The House of Eepresentatives was a new body, and having never met, of course had elected no speaker. Therefore, had President Arthur died, or become unable to perform his duties, the country would have been without a President. But Congress soon assembled and the. Senate elected its President. In 1886, Congress passed a new law, providing that, in case of the removal, death, resignation or inability of both the President and Vice-President, the office of President shall devolve upon a member of the Cabinet, in the following order of succession: the Secretary of State, the Secretary of the Treasury, the Secretary of War, the Attorney-General, the Postmaster-General, the Secretary of the Navy, the Secretary of the Interior. These officers are all discussed hereafter, and it is sufficient now to know merely their titles of office, and their order in the Presidential succession. III. Salakies of the President and Tice-Presi- DENT. From the time of Washington's administration until 1873, the annual salary of the President was $25,000. It was then increased to $50,000; but this is still small, compared to the sums paid the rulers of other civilized countries. The President's salary can neither be increased nor dimin- ished at any time during his term of office. If Congress could change his salary at pleasure, fear of a decrease or desire for an increase might influence the Chief Executive in his official acts and lead him to use dishonorable means to secure the favor of Congress. Hence when a change is made in the President's salary, it must take effect at the beginning of a term of office. The President has also the use of the Executive Mansion, which is taken care of, lighted, heated, and furnished. The grounds and gardens are cultivated and kept in order, the stable service and various other things provided, all of which together amount to nearly doubling his salary. He is forbidden to receive any emolument, except his salary, from the United States or from any State, in order to place QUALIFICATIONS OF PRESIDENT AND YICE-PRESIDENT. 187 liini beyond the reach, of such influence. He may, however, accept gifts from private individuals, like any other citizen. The Vice-President receives an annual salary of $8,000. IT. Inauguration of President and Yice-Presi- DENT. Every four years, on the fourth, day of March, a new President and Yice-President are inaugurated. This is done with much ceremony and display, and thousands of people, from all over the United States, gather at Washington to ivitness the proceedings. The Yice-President is first inaugurated in the Senate Chamber. Many of the high officials of the gov- ernment gather in that room, together with the great throng of spectators. Just before noon the new Yice-President takes the oath to support the Constitution and faithfully perform his duties. He then assumes his place as presiding officer of the Senate, and makes a short speech to the Senators. After this the Senate adjourns, and all the officials march in a body to a large platform built out on the east side of the Capitol. There, in the presence of the yast throng who have gathered, the President takes the solemn oath of office prescribed by the Constitution, and administered by the Chief Justice. At its close according to the old custom, he kisses the Bible, after ivhicli he delivers his inaugural address. All these i^roceedings are simply matters of custom; the only necessary part is taking the oath of office. T. The White House. After his inauguration, the President is driven to the Executive Mansion, commonly called the White House from its color, which is to be his home for the next four years. This building is situated about a mile from the Capitol, and was the first public building erected in Washington. Here the President has his business offices, where he performs all his official duties; and here he receives the public, all classes of people who call upon him for business, curiosity or pleasure. Unlike the rulers of foreign countries, who are surrounded by ranks of officials, and guarded from contact with the people, our Chief Magistrate may be seen by anyone. On account of the death of two of our Presidents by assassination, many believe that the President should be pro- tected by a guard. 188 CIVIL GOVEENMENT OF THE UNITED STATES. EXKCUTIVK F»OWKRS OK T^HK PRKSIDKNT. ARTICLE II; Section 'Z.—The Executive Powers of the President. 1. Tlie 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 inta the actual service of the United States; he may require the opinion, in. writing, of the principal oflQcer in each of the executive departments, upon any subject relating to the duties of their respective offices; and he shall have power to grant reprieves and pardons for offenses against the United States, except in cases of impeachment. 2. He shall have power, by and with the advice and consent of the Senate, to make treaties, provided two-thirds of the Senators present, concur; and he shall nominate and, by and with the advice and consent of the Senate shall appoint, ambassadors, other public ministers and consuls, judges of the Supreme Court, and all other officers of the United States whose appointments are not herein otherwise provided for, and which shall be established by law ; but the Congress may, by law, vest the appointment of such inferior officers as they think proper in the Presi- dent alone, in the courts of law, or in the heads of departments. 3. The President shall have power to fill up all vacancies that may hap- pen during the recess of the Senate, by granting commissions which shall expire at the end of their jnext session. Section 3. — The Executive Powers of the President, continued. \. He shall from time to time give to the Congress information of the state of the Union, and recommend to their consideration such measures- as he shall judge necessary and expedient. He may, on extraordinary occasions, convene both houses or either of them ; and in case of disagree- ment between them, with respect to the time of adjournment, he may adjourn them to such time as he shall think proper. He shall receive- ambassadors and other public ministers. He shall take care that the laws be faithfully executed; and shall commission all the officers of the United. States. Section 4. — 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. I. Commander-in-Chief. In order that there may be promptness, energy and unity of action in all military move- o d -z. o h- o z X CO =3 O LLi X EXECUTIVE POWERS OF THE PRESIDENT. 189 ments, it is necessary that the command of the entire military iorce of a nation be placed in the hands of a single person. Therefore the President of the United States is made comman- der-in-chief of the army, the navy, and the State militia when in the service of the United States. Moreover, as it is the duty of the President to execute the laws of the country, to repel invasion, and to quell domestic insurrection, he should have vSufficient power placed at his disposal to accomplish these duties. The President is not expected to take the field in person, although he may do so if he chooses; but the command is ^iven to such officers as he selects, and they act under his supervision. II. Opinions of Executiye Officers. We shall see hiereafter that the executive business of the Nation is distribu- ted among different departments. The President being held responsible for tlie entire executive work of the government, ^should, of necessity, be able to command the means of acquiring information on all subjects connected with his duties. He may therefore require the heads of these different departments to give him their written opinion on any subject relating to the duties of their respective offices. III. REPRIEYES and Pardons, it sometimes happens, after sentence of punishment has been passed upon a person, that new testimony concerning his case is discovered, which indicates that he is guilty in a less degree, or entirely innocent. The punishment to which he was sentenced may then be most unjust, and there should be some power competent to delay the execution of the sentence until examination can be made, and, in case the accused is found innocent, to remit his punishment. There may also be instances in which the condemned person is really guilty of the crime, and, by the laws of the country justly condemned; yet, the facts show him to be the victim of such unfortunate circumstances as to warrant his release according to the laws of humanity and policy. But law is necessarily severe, and must take its course without reference to individual cases. Therefore the privilege is given the 190 CIYIL GOVERNMENT OF THE UNITED STATES. President of exercising mercy by reprieves and pardons in those cases where the law seems to bear too heavily. In monarchiaL governments this power belongs to the sovereign. But in cases of impeachment the President is powerless to stop the course of the law. When public officials offend against the laws, or wilfully neglect and abuse their privileges, it was thought that after conviction there should be no power tO' hinder their removal from office. This privilege of granting reprieves and pardons extends only to cases of conviction by United States,courts. With State offenses the President may not interfere. lY. Treaties. Treaties may be made upon any subject;: peace or war against a common enemy, the return of escaped criminals, the mail, commerce or navigation. The making of treaties is a matter of much importance, and concerns the welfare of the people at large. It is a dangerous power for one person to possess, and therefore is given the President with great restrictions. He must submit all treaties to the Senate, and the consent of two-thirds of the Senators present is neces- sary to put them into effect. This provision does not mean that the President must do the work of negotiating the treaties. The agents of the twe governments always arrange and agree upon the terms, and a. copy of the articles of agreement is sent to each government to approve; both must ratify, or the treaty fails. The correspond- ence and work of negotiation are usually conducted with the greatest secrecy. The sessions of the Senate for considering such matters are closed to the public. It is thought that publicity in such case, is unsafe, by giving opportunity for interference from other powers. T. Appointments. The President is given the power to nominate certain officers, and, with the advice and consent of the Senate, appoint them. He has, therefore, exclusive power to select these officials; but their appointment depends upon the approval of the Senate. If his first choice is rejected by the Senate, he may select another, and so on, until his selection is approved. The Senate always considers appoint- EXECUTIVE POWEES OF THE PRESIDENT. 191 ments in secret session. The officers whom the President and Senate may appoint are: 1. Ministers and Consuls. — These are the agents who represent our government in foreign countries. The duties and powers of these agents will be hereafter given in connection with the Department of State. 2. Judg-es. — Besides Judges of the Supreme Court, those of the Circuit, District, and other Federal courts are appointed by the President and Senate. 3. Other Appointments. — The Constitution further pro- vides that the President and Senate may appoint other United States officers, whose appointments are not provided for in the Constitution, to offices which are established by law. This limits the President's power of appointment to offices that are established by Congress, and therefore prohibits him from creating any offices by the use of this power. Under this provision the President and Senate appoint all the other im- portant government officials; as heads of departments, revenue collectors, certain postmasters, military and naval officers and civil service commissioners. But the President is not always under the control of the Senate in the matter of appointments, for Congress, exercising the power given it, has vested the appointments of very many inferior officers in him alone, and in the heads of departments, who are appointed by him and under his control. This privilege of selecting the officers who are to aid him directly in his work, gives the President a better opportunity for carrying out his individual views. But a great danger lies in this power; for an unprincipled executive may use it simply to reward political favorites, regardless of the best interests of the people. YI. REMOYALS. The Civil Service of the United States consists of the whole body of persons employed by the govern- ment in its executive work, from the President's cabinet down to the lowest clerk, the army and navy excepted. This in- cludes in the neighborhood of 100,000 persons. Most of the officers, assistants and clerks in this service are appointed for 192 CIVIL GOVERNMENT OF THE UNITED STATES. no particular term, and the Constitution is silent with regard to the power of removal from office where the length of the term is not fixed. It has always been the practice, however, that those appointed by the President or any other officer alone may be removed by the one appointing at any time; and now, in cases where the Senate must concur in the appoint- ment, the President, acting alone, exercises the power of removal. Til. CiTiL Service Commission, Unhappily a custom has grown into practice of late years by which each political party, when it comes into power, removes great numbers of civil service officers for no other reason than to place its own members in these positions. This corrupt practice is known as the spoils system, and is looked upon by thoughtful men as a great evil. Many efforts have been made to bring about a reform m the civil service, that is, to establish the custom of Tetaining, at least, the inferior officers who are competent and faithful, and of appointing such as are best fitted for office, regardless of their party faith. Of course the President should always be allowed the privilege of selecting his immediate advisers and chief officers; otherwise he might not be able to make a fair test of his political projects. Although no great results have, as yet, been reached in this matter of civil service reform, yet a decided movement has been made in that direction. A civil service commission, consist- ing of three persons, is appointed by the President with the consent of the Senate, not more than two belonging to any one political party. Their duty is to cause persons to be examined who are seeking a certain class of offices, and to have those selected who pass the best examinations. From these selec- tions the heads of the departments are obliged to make their appointments. The most important offices are not filled by this commission. Till. YacanCIES. Vacancies may occur in those places over which the President and the Senate have the power of appointment, when the Senate is not in session. In such in- stances, in order that these offices may not be left vacant for . EXECUTIVE POWERS OE THE PRESIDENT. 193 ■any length of time, the President is given power, acting alone, to fill, the vacancies temporarily. -He grants commissions, which expire at the end of the next session of the Senate. IX. The PRESIDENT'S Message. . At the beginning of .•every session, the President sends a message to Congress, in which, as the Constitution requires, he gives information of the condition of the country, and recommends such measures -as he deems advisable for the interests of the Nation. He may at any time send special messages to Congress, calling their attention to matters which need prompt consider- ation. X. Conyening and Adjourning Congress. The President may call an extra session of either or both houses of Congress, when extraordinary cases arise. He may also adjourn them when they cannot agree with respect to the time of adjournment. XI. Reception of Foreign Ministers. As the Presi- dent is the official at the head of our Nation, representing it in all its relations with foreign powers, it is highly prosier that he should receive the agents from other countries who have come here as representatives of their respective governments. A foreign minister presents his credentials, or the letters showing his authority, to the Secretary of State, who conducts him to the White House and presents him to the President. Both the President and the Minister then make short speeches expressive of the friendly relations between the two countries. The reception of foreign ministers, although a mere matter of form, is, in reality of great importance, as the nature of the President's reception involves serious questions concerning the relations of the two governments. If the President should refuse to receive a minister, it would be considered a direct insult to the country sending him. XII. Execution of the Laws, tms is the most im- portant duty the President has to perform. More than all else he must see that the laws of the Nation are obeyed. 13 194 OIYIL GOYEKNMENT OF THE UNITED STATES. XIII. Commissions, a commission is a written certifi- cate of appointment issued by the proper authority. The President must commission all the officers of the United States. He signs each commission, and the Secretary of State affixes to it the seal of the United States. XIT. REMOVAL BY IMPEACHMENT. We have already seen how the President and the Vice-President and other civil officers of the United States are removed from office on im- peachment for and conviction of treason, bribery or other high crimes and misdemeanors. THE SUBORDINATE EXECUTIVE DEPARTMENTS. 195 Thirty-Ninth I^ksson:. THK SUBORDINATE KXKCUTIVE DKF»ART]VIENTS. I^ Their Necessity and Names. The enormous exec- utive business of our country could not possibly be attended to in detail by the President alone and unaided. The work is therefore divided among eight subordinate departments: the Department of State, of the Treasury, of War, of Justice, the Post-Office Department, the Department of the Navy, of the Interior, and of Agriculture. But the President is personally responsible for the conduct of the business in all these depart- ments. II. The Cabinet. The President appoints a chief officer or secretary for the head of each department, and these together form his Cabinet. Nothing is said in the Constitution concern- ing such a body of advisers. It was arranged that the President might require the written opinions of the heads of dei^artments but no provision was made for forming such officers into a council for advising in matters of state. Among the delegates to the Philadelphia Convention were some who desired to provide for a Cabinet, which should assist the President in performing his duties, but should have no con- trol over his official actions. But the Convention wished to avoid doing anything that would even apjDcar to lessen the personal responsibility of the Chief Executive, therefore the plan was rejected. However President Washington followed the practice of calling the heads of departments together upon important occasions, to consult and give opinions concerning the matters in question; President John Adams followed his example; and President Jefferson submitted questions to the vote of his Cabinet. Thus the custom became established, and the President calls his Cabinet together at the Executive Mansion whenever he sees fit, for the purpose of advising upon governmental matters. These sessions are secret, and their proceedings are not recorded. The Cabinet has no legal 196 CIVIL GOVERNMENT OF THE UNITED STATES. authority as a body, its action is merely advisory, and the President is not bound by its judgments. The salary of each Cabinet officer is $8,000 per annum. III. Department of State. This department ranks the highest in importance of the eight, and was organized at the beginning of the National G-overnment. It is ]3resided over by the Secretary of State, who is the only officer in the Nation empowered to communicate with other nations in the name of the President of the United States. The entire business of our government with foreign govern- ments is conducted through this department. Our rej)resen-' tation abroad is entrusted to two sets of agents — American Ministers assigned to the Diplomatic Service, and American Consuls assigned to the Consular Service. 1. I'lie Diplomatic Service. — The Ministers sent to • foreign countries represent our government in a political capacity, and are of four grades: 1. Ambassadors. 2. Envoys Extraordinary and Ministers Plenipotentiary. 3. Ministers Eesident. 4. Charges d' Affaires. Diplomatic agents of the first three ranks are accredited to the heads of government of the countries to which they are sent; that is, they are sent directly to those rulers, with cre- dentials which show their diplomatic character and rank. Agents of the fourth rank are accredited to the ministers of foreign affairs of the countries to which they are sent, and can only transact business with them. Although these ministers differ in title and rank, there is very little difference in their powers and duties. They must all carry out the instructions of the President, communicated through the Secretary of State; keep their own government informed of all matters that concern its interest in foreign countries; protect the persons and property of their fellow countrymen abroad; arrange the terms of treaties and all other negotiations between our country and foreign countries; and attend to the settlement of any difficulties tliat may arise with other powers. THE STJBORDINATE EXECUTIVE DEPARTMENTS. 197 Ministers of the rank of Ambassador were first appointed and received by the United States in President Cleveland's second administration. They are now sent to Great Britainy France, Germany, Italy and Russia. It follows that the min- isters who represent these countries at Washington are of this highest rank; for diplomatic etiquette requires that two powers always shall exchange agents of the same rank. The lower grades of ministers are sent to the less important powers. The highest salary paid in the diplomatic service is 117,500. The ministers reside at or near the capitals of the countries to which they are sent, and enjoy many peculiar privileges. They, their families, secretaries and. servants, are not subject to the laws of the countries where they are stationed. Their houses, over which the flag of our ^Mation floats, are considered as belonging to the United States, the same as though situated in this country. Persons can be married there according to our own laws, no matter what the laws of those countries may be; and, in time of war, Americans are safe in the houses of their ministers. The term Legation is applied to the whole body of diplo- matic agents of a particular nation, residing at or near the seat of government of a foreign power; as, the French Legation at Washington, or the American Legation at Paris. 2. Tlie Consular Service. — Consuls represent the com- mercial interests of our country, and have nothing whatever to do with its political affairs. They are more numerous than the diplomatic agents, and deal chiefly with the rights and interests of individuals, instead of governments. They reside at foreign seaports. Ail foreign countries frequented by American citizens are divided into consular districts, and for each one a consul is appointed. Their principal duty is to see that the commercial laws of the country are properly enforced, and that our commerce,- merchants and seamen are protected. They must keep a record of all American vessels entering port, the number of seamen, the tonnage of the vessel, the value of the cargo, and many other similar items; and they must particularly provide for destitute seamen, at the expense of .the United States. , 198 CIVIL GOVERNMENT OF THE UNITED STATES. If an American dies abroad and there is no legal representa- tive at hand, the consul of that particular district takes charge of the estate and remits the proceeds to the United States treasury, where it is held for the legal claimants. Consuls are not entitled to the privileges of diplomatic agents, but are subject to the laws of the country in which they are respectively stationed, the same as all citizens or sub- jects of that country. 3. Passports. — It is this department which gives and re- cords all passports. These certificates, issued by our govern- ment, certify that the person named and described therein is a citizen of our country. They are obtained by Americans who wish to travel through foreign countries. Our government does not require a passport of anyone traveling through this country; but many of the foreign nations are afraid of plots and insurrections, and require travelers to show passports in order to prove who they are, and that they are genuine visi- tors. A person who has no passport is liable at any time to be imprisoned in those countries. 4. Tlie Archives of tlie United States. — The Secretary of State has charge of all the archives of the government — the original copies of all laws, treaties, and other ofiicial docu- ments. These are kept in the large granite building where the business of the Department of State is conducted. 5. The Seal of the United States. — This same officer is also keeper of the great seal of the United States, which, by direction of the President, he affixes to official papers, as an evidence of their authenticity. 6. Other Duties. — The State Department must publish all laws passed by Congress, and distribute them among the officials, and send copies to all the States. It must proclaim the adoption of amendments to the Constitution, and attend to the publication of the Presidential messages and other official documents requiring publication by law. When new States are admitted to the Union, or new territories organized, the fact must be publicly announced by the State Department;. a,nd there are numerous other lesser duties. The head of this THE SUBORDINATE EXECUTIVE DEPAETMENTS. 199 department is assisted by three assistant secretaries and many minor officials and clerks. IT. Department of the Treasury. This department was organized by Alexander Hamilton, a few months after the establishment of the National Goyernment. Its rank is next to that of the Department of State, and at its head is the Secretary of the Treasury, who must not be personally inter- ested in trade or commerce. The business of this department has, since its creation, steadily increased, until it has assumed yast proportions. Some of the numerous duties of the Secretary of the Treasury are: to propose plans for securing public revenue and main- taining public credit; to prescribe the form of keeping the public accounts; to make annual reports of the state of the financial condition of the government; to superintend the col- lection of the revenue, and to issue warrants upon the treasury for all moneys appropriated by Congress. He has two assistant secretaries and a great number of clerks and other employees. Thereare between three and four thousand of them at Wash- ington alone. The treasury business is divided among numerous subordi- nate departments called iureaus. 1. Six Bureaus of Auditors have charge of examining and settling all accounts. 2. Two Comptrollers examine the accounts that the Auditors have passed upon, and certify them to the Eegister. 3. A Commissiouer of Internal Revenue oversees the collection of all internal revenue moneys. The United States is divided into eighty-two internal revenue districts, over each of which are placed officers subordinate to this commissioner. 4. A Commissioner of Customs attends to the collection •of duties on imported goods. 5. Tlie Treasurer of tlie United States has the care of all the millions of the people's money, and pays it out accord- ing to law. This money is deposited in the strong vaults of the large granite treasury building at Washington. His duties are similar to those of a bank cashier. 200 CIVIL GOVERNMENT OF THE UNITED STATES. " 6. Tlie Bureau of Engraving and Printing has charge- of the making of paper money. The most extreme care is taken in manufacturing this money, to prevent counterfeiting. The paper on which the bills are printed is manufactured, according to a secret process, and every sheet must be accounted for to the government. The engraving and printing, and all the work down to the signature of the treasurer, is conducted with the same care; and during the process the bills are counted more than thirty times, to make sure that none have been lost or stolen. 7. The Director of the Mint. — The place where mo"ney is coined is called a mint. The United States Government haS; established its principal mint at Philadelphia, and branch mints at San Francisco, New Orleans and Carson City. The Director of the Mint has charge of the entire work of coining money. During the process the coins are watched and counted with the same care as the paper money. 8. The Comptroller of the Currency has charge of the: National Banking system. In 1863 Congress passed a law' creating this system. A company of five or more ]Dersons may organize themselves into a cor^Doration and obtain permission from the government to establish a national bank. They are: required, first, to buy United States bonds and deposit ^them with the treasurer of the United States. If their purchase- amounts to $100,000, the government then furnishes to the bank $90,000, or nine-tenths of the sum, in blank national bank bills, which, when signed by the proper officers of the bank, are put into circulation and loaned like other money. The bank also receives interest on the government bonds it purchased. These banks are required to create a surplus fund, by setting apart -each year ten per cent, of their profits, until the fund is equal to twenty per cent, of the whole capital. TKis is done in order to make good any losses which may occur. They are also -required to keep a reserve fund, of about twenty per cent.' of the- capital - stock, in gold and silver coin, -so that thoso holding bank notes may convert them into 'gold and silver "by presenting them to the bank: that issued them.- - :.;... /. THE SUBOEDINATB EXECUTIVE ,PBP4ETMENT8. 201/ If a national bank fails, its bills are still good, because its government bonds, held by the United States treasurer, are sufficient to redeem them. All the national banks are based upon the same svstem, and their notes are a National currency; so that the bills of a Maina bank pass at par in Texas as well as at home. 9. The Keg-ister of tlie Treasury has under his care all the account books of the department. These show the exact financial condition of the country. 10. The Solicitor of the Treasury is a lawyer appointed to transact the legal business of the department. If the gov- ernment prosecutes for counterfeiting, for breaking the revenue laws, or for any crime committed against the financial interests of the country, this officer conducts the suit. 1 1 A Bureau of Statistics make yearly reports concerning the trade and commerce of the country, and monthly reports of the moneys taken in and paid out. 12. Other Bureaus.-One of the.most important duties of this department is making an annual estimate of the amount of money which will be needed to pay the expenses of the gov- ernment for the current year. These estimates are «ent to Congress at the beginning of a session, in order that that body may make appropriations to meet such expenses. ^ Besides all these financial duties, strangely enough, the department is given the charge of the light-houses, beacons buoys, marine hospitals, life-saving service, and what ver relaL; to the security of navigation. It also has control of the custom-houses and the erection of public buildings. The life-saving service is one of the most worthy branches of our government work. Its object is to render assis anc o ysselsLd seamen who are in peril. The ^"if/;^- aid the Atlantic and Pacific coasts, ^.tween the ye^ Jl, when the service was organized, -^^''^''^ZJ^'^vmZt nearly 40,000 human lives, besides many millions of property. 2C2 CIVIL GOYEENMENT OF THE UNITED STATES. Fortieth Lksson. THE SUBORDINATE EXECUTIVE DEPART- ]VIENTS, Continued. I. The Department of War is in charge of the Secre- tary of War, who represents the President in his capacity of commander-in-chief of the army. He has the general over- sight of the whole army, but the work is divided among different bureaus, superintended by army officers: 1. Tlie Adjutant General keeps a list of the soldiers, and attends to matters relating to their enlistment and discharge. He issues the orders of the President, and carries on all corre- spondence connected with army affairs. 2. Tlie Quartermaster General attends to lodging the soldiers, buying their clothing, horses, and various other supplies. 3. The Commissary General provides food for the soldiers. 4. The Surg-eon General has charge of the medical work, 5. The Paymaster General settles the bills. 6. Other Bureaus.— There is also a bureau of artillery; of ordnance or guns; a bureau for building forts and bridges; and a bureau of military justice or courts- martial, for the trial of military offences, in charge of o, judge-advocate-general. 7. The Signal Service is connected with this department. It was organized to furnish methods of communication in the military service, particularly on the battle field, at distances beyond reach of the human voice. By day a system of signals hy flags is employed, and at night torches and rockets. The electric telegraph is also used when possible; and in times of action it is erected, between important stations, at a very rapid rate. The school at Port Whipple, Virginia, is for the purpose of training men in this work of the Signal Service. THE SUBORDINATE EXECUTIVE DEPARTMENTS. 203 8. The Military Academy at West Point.— The Army Department has oversight of this Military Academy, where l3oys are educated to be army officers, at the expense of the government. One cadet is allowed for every member or dele- gate to the House of Representatives, one for the District of Columbia, and ten from the United States at large. Each member of the House recommends one boy from his district, and the appointment is made by the President, who also has the appointment of the others. But the applicants must not be less than seventeen nor more than twenty-two years of age; they must be sound in mind and body; and must pass the required examinations in the ordinary English branches. The instruction is of a high grade, and the discipline severe. Each cadet binds himself to serve the United States eight years from the time he is admitted to the Academy, a part in the regular course of study, and the remainder in the army. In case a war arises, these men are expected to serve as officers of volunteer regiments. Department of Justice. The ofO-ce of Attorney- Ge^ieral was created in 1789; but it was not until 1870 that a Depart- ment of Justice was established, with this official at its head. He is the chief law officer of the government, and acts as legal adviser to the President and the heads of departments. His especial duty is to represent personally the United States in all ■cases it may have in the Supreme Court. He has general oversight of the United States district attorneys and marshals, who are scattered throughout the Union, the former of whom perform the same general work as himself in the courts of less importance. The Attorney- General is assisted by a solicitor-general, two assistant attorneys-general, the law officers of the other depart- ments, and many clerks, copyists, etc. III. POST-OFFICE Department. 1. Its History. — The carrying of private letters was origin- -ally conducted by private enterprise; slaves, pedlers, ship merchants and others were entrusted with the work. When ships landed in the large ports, families sent certain ones on 2Qtt CIVIL GOVERNMENT OF THE UNITED STATES. board to receive their letters, and the mail not thus taken was left at the nearest coffee-house. The first person coming in. from each neighborhood would then carry back with him and distribute the letters belonging in his locality. Finally the government of the Massachusetts Colony ordered that a certain man's house should be the place for receiving alt letters from beyond the sea, and that the owner should be allowed a penny for each letter delivered. Afterward Virginia, passed a law requiring each planter to convey dispatches as soon as they reached his plantation, or forfeit one hogshead of tobacco. Later on New York established a monthly mail to Boston. Early in the eighteenth century the English government began to give its attention to the postal system of the colonies;, but nothing of any importance was accomplished until Benja- min Franklin was made Postmaster-General,, in 1753. For twenty years he conducted the work in a most efficient manner, but was then removed, on account of his action in opposing British tyranny. Among the first acts of the Continental Congress was the appointment of Franklin for Postmaster-General of the United Colonies; and the government under the Constitution never passed any formal act creating this department, but, from the first, recognized it as already existing. The Post-Office department is, therefore, the oldest of the eight executive departments; but the Postmaster-General was not admitted to a seat in the Cabinet until at President Jack- son's request, in 1829. Previous to 1845 it cost from six to twenty-five cents, according to distance, to send a letter containing a single sheet; then tiie rates were reduced to from five to ten cents; but the postage always had to be paid by the receiver at the end of the route. Reductions have since been made, until now we can send a letter anywhere in our country for two cents on each ounce. 2. Officers. — The Postmaster-General has the supervision of the enormous, work of this department: establishing post offices; awarding contracts for carrying the, mails;, directing THE SUBORDINATE EXECUTIVE DEPAETMENTS. 205 the routes; appointing postmasters; making postal treaties; arranging the styles of stamps, government envelopes, postal cards, etc. He is aided, by three assistant postmasters-general, an ^ assistant attorney-general, a superintendent of foreign mails, a superintendent of the money order department,, and .others. 3. Postmasters.— Scattered throughout the United States are great numbers of post-offices, each little community usually having one, which is in charge of an official called a postmaster. Postmasters who receive a salary of $1,000 or ■more are appointed by the President, with the consent of the Senate; while all others are appointed by the Postmaster- ■General. Next to the President, the Postmaster-General has the most extensive power of appointment. 4. Classes of Mail Matter.— All mailable matter is divi- ded, according to our present laws, into four classes: 1. TJie first class consists of written matter, and everything in sealed packages or envelopes. 2. The second class embraces periodical publications, as newspapers and magazines. 3. TJie third class includes all miscellaneous printed matter, books, pamphlets, circulars, etc. 4. The fourth class consists of merchandise. 5. Cheap Postage. — England first made the experiment of •cheap postage; and when it Was found that the experiment was successful, our country followed her example. Always as the rates of postage have been diminished here, the receipts of the department have increased. The present rates of postage are: for the first-class matter, two cents per ounce or fraction of an ounce; for the second class, one cent per pound, or fractional part; for the third-class, one cent for each two ounces or fraction; and for the fourth- olass, one cent per ounce or fractional part of an ounce. There are a few exce23tions to these general rates. 6. Tlie Universal Postal Union. — In 1874 most of the civilized nations of the world entered into a j^ostal league, which provided that mail should be carried from one country 206 CIVIL GOVERNMENT OF THE UNITED SfC^l3:ES. to another, of those forming the union, at a uniform tad&a of postage: letters five cents per one-half ounce, and postal car^ each two cents. Uniform rates were also fixed for the other classes of mailable matter. 7. Transmission of Money. — Many of the post-offices, issue money orders, in order that those wishing to send sums of money up to a certain amount by mail, may do so with safety. 8. Free Delivery. — In every city of fifty thousand or more inhabitants, free delivery of mail matter is required by law;, and in every place containing not less than ten thousand in- habitants, free delivery may be established. IT. Department of the Nayy. At first there was but one department for the army and navy; but it was found that two sets of officers were needed to carry on the work, and so, in 1798, the separate Navy Department was created. The Secretary of the Navy performs the same work for the navy as the Secretary of War for the army. The work of this, department is distributed among eight bureaus: 1. The Bureau of Yards and Docks superintends all matters relating to the navy yards. These yards are located at various large seaports, and contain shops for building and repairing war vessels, storehouses for supplies and ammunition, houses for officers who superintend the works, and necessary wharves. 2. A Bureau of Construction and Repairs, which at- tends to the work of building and repairing vessels, 3. Other Bureaus. — The bureaus of navigation, of ord- nance, of steam engineering, of provisions and clothing, of medicine and surgery, and of equipment and recruiting, per- form the work indicated by their titles. 4. The Hydrographic OflB.ce. — This is an office which issues nautical charts and maps and sailing directions for the use of navigators. It has charge of the great Naval Observa- tory at Washington, with its immense telescope, for studying the heavens and acquiring such information of the stars as assists sailors in navigating their vessels. THE SUBOKDINATE EXECUTIVE DEPAKTMENTS. 207 5. The :N^aval Academy at Annapolis is UDder the charge of the Secretary of the Navy. This school is for the training of naval officers, and is similar in most respects to the Military Academy at West Point. Boys who enter must be between the ages of fourteen and eighteen. The same number is allowed as at West Point, and appointments are made in the same manner. The course of study covers six years, two of which are spent at sea. The naval cadet, on graduation becomes a midshipman, and is subject to promotion as vacan- cies occur. Y. Department of the Interior. This department was not created until 1849, when it was found that there were so many matters which could not be attended to by the other departments that a new one was necessary. It was originally called the Home Department, because its work is so closely related to the people. A miscellaneous assortment of duties has been collected under this department, and the Secretary of the Interior has an immense amount of business to superin- tend. He has two assistant secretaries, and the work here is also divided among bureaus. 1. The Bureau of Public Lands has control of all the public lands until they become the property of States or of individuals. 2. The Census Office. — It is through the Interior Depart- ment that the United States census is taken every ten years. A Superintejident of CeJisus is appointed for each enumeration, who holds his office only until the work of taking the one cen- sus is accomplished. Besides merely numbering the population, a great variety of statistics is collected in regard to the occupa- tions, nationality, etc., of the people. A multitude of persons is appointed throughout the country to do the work, which is accomplished, as nearly as possible, in one day, in order to avoid counting the same persons twice. 3. The Pension Office. — Ever since the Eevolutionary War, our government has made liberal provision for soldiers and sailors who have become disabled in actual military service, and in cases of death, for their dependent families. This 208 CiyiL GOYJEKNMENT 01!- THE FNITED STATES. "work^ which is a branch of the Interior Department, is placed in the hands of a Commissioner of Pensions. ^ 4t. The Patent Oflace. — We have already seen how the Work of granting patents is done, through the Commissioner of Patents. The Interior Dej^artment controls this office. 5. Tlie Bureau of Education is also contained in this department. 6. The Bureau of Indian Affairs has charge of all the Indians of the United States; of their reservations; of feeding, clothing and governing them; of making treaties with them; and of the schools which have been established for their edu- cation. 7. The Bureau of Science, or the Geolog-ical Survey, sends out jDarties of scientific men, who explore the unknown parts of the country, trace the sources of rivers, measure the heights of mountains, examine the soil and the natural pro- ductions, search for traces of the ancient, inhabitants; and, in various ways, advance the scientific interests of the country. This bureau has a great National Museum under its charge, at Washington, which contains many objects of interest connected with the history and nature of our country. 8. Bureau of Public Documents. — All of the executive departments, and many of the offices under them, publish an- nual reports of their work. These are printed and bound in books, and distributed, free of expense, to any of our people desiring them. Many of them are very valuable, as they con- tain information on numerous subjects of interest relating to pur country and its government. They are usually obtained by application to members of Congress. This bureau of the Inte- rior Department, has charge of these books. TI. Department of Agriculture. This was not made into a distinct executive department, represented in the cabinet, until 1889. The Secretary of Agriculture collects useful, in- formation concerning agriculture, and causes it to be spread abroad among the people. He collects and distributes new and valuable seeds and plants; employs skilled chemists :and natural- THE SUBORDINATE EXECUTIVE DEPARTMENTS. 209 ists to make practical experiments; and, in all possible ways, promotes the interests of agricnltnre throughout the Union f The Weather Bureau or Meteorological Bureau belongs to this department. There are nearly five hundred stations in different parts of the country, where careful observations are taken concerning the conditions of the atmosphere, and tele- graphed three times each day to the central ojffice at Washing- ton. From these reports the probable character of the weather is foretold for the next twenty-four hours, and the news pub- lished in the daily ^^apers and elsev\^here, and orders sent to display warning signals at such ports as are threatened with dangerous storms. This service also takes observation of the rise and fall of lakes and rivers, and the tides on the coast, by means of which people are warned of approaching floods. 14 210 CIVIL GOVERNMENT OF THE UNITED STATES. FoRTY-KiRST Lesson. UNITED STJ^TES COURTTS. ARTICLE III.— Judicial Department. Section 1. — United States Courts. The judicial power of the United States shall be vested in one Supreme Court, and in such inferior courts as the Congress may from time to time ordain and establish. The judges, both of the supreme and inferior courts, shall hold their oflQces during good behavior, and shall, at stated times, receive for their services a compensation, which shall not be dim- inished during their continuance in office. I. Necessity for a National Judiciary. To allow the courts of the individual States to interpret and enforce the provisions oi the Constitution and the laws of Congress would give rise to the same serious misunderstandings which marked the government of the Confederation. Each State would be prejudiced according to its own peculiar interests; and one would decide that a certain law meant one thing, while another would hold that it had an entirely different meaning; and laws that bore heavily on particular sections would not there be sus- tained. In order that there may be a strong, uniform and peaceable administration of the laws, a National Judiciary to interpret and enforce them impartially for the whole Union is a necessity. That it should be distinct from the legislative and executive departments, in order to secure full liberty to the people, we have already seen. II. Federal Courts. The Constitution itself establishes the Supreme Court of the United States, and vests in Congress the power of creating inferior courts according to its judgment. Congress has, therefore, established two regular inferior grades, the Circuit and District Courts, and a number of other courts- for special sections or peculiar work. 1. Supreme Court of the United States. This is the highest tribunal in the land, and from its decisions there is no LU CO <: X o Ql zm O o LxJ LU a. CO C/5 LU UJ X I- IJNITED STATES COURTS. 211 appeal. If it decides that a provision of the Constitution has a certain meaning, all the people in the land must abide by that decision. If it declares a law of Congress to be unconsti- tutional, that law becomes only so much waste paper. This court consists of one Chief Justice and eidit Associate Judges. It holds an annual session, beginning on the second Monday in October. Its daily sessions usually commence at twelye o'clock, and continue four or five hours. The nine Judges, attired in full gowns of black silk, sit in chairs on a raised platform, before a long desk, opposite the entrance door of the Supreme Court Chamber. They are a most learned and dignified body of men, selected for their great legal ability and integrity of character from among the most eminent and ex- perienced lawyers of the country. All cases are decided by a majority. Whenever five of the Judges agree on a question, that must be the decision of the court. 2. Circuit Courts. — The United States is divided into nine judicial circuits, each circuit comprising several States. The nine Judges of the Supreme Court are each assigned to one of these divisions, and for each circuit there are also appointed two or three Circuit Judges. The Circuit Court may consist of the Supreme Court Jus- tice alone, of the Circuit Court Judge alone, or of both to- gether, or of either together with a District Court Judge. Each Circuit Judge has the power to appoint as many com- missioners as he deems necessary to assist in the performance of judicial work. The principal duties of these ofiicers are to arrest and hold for trial persons accused of offences against the United States, and to assist both the Circuit and District Courts in taking testimony to be used in the trial of cases. As the matter of a few hours, or even minutes, is of great im- portance in securing criminals, it is necessary that there should be persons in every section competent to do commissioners' work. Therefore Congress has passed an act which provides that any judge or magistrate of either State or Federal Covern- ment may perform the duty of commissioner. 3. Circuit Courts of Appeals. — In 1891 these courts were 212 CIVIL GOVERNMENT OF THE UNITED STATES. created to relieve the Supreme Court of a part of its too nu- merous duties. Eacli Circuit Court of Appeals consists of the Supreme Court Justice assigned to that circuit and two Circuit Court Judges. In the case of the absence of any of these three judges, his place is filled by one of the District Judges of that circuit, 4. District Courts. — The circuits are divided into districts, in each of which a District Court is held. The divisions are made so that each State has at least one of these courts, New York, Texas, Alabama and Indian Territory have three each; many of the other States are divided into two districts, while the remaining ones form each a single district. A resident Judge is appointed for each of these divisions, and constitutes the District Court. For each, also, a Marshal and District Attorney are appointed by the President. The Marshal is the executive officer of the district, with duties sim- ilar to those of a sheriff; he also has charge of taking the United States census in his respective district. The District Attorney is the law officer of the United States for his division, with duties corres^Donding to those of a county attorney. 5. Court of Claims.— It is an established principle in the law of nations, that a government cannot be sued by a private individual, unless with its own consent. It would be incon- sistent with sovereignty. After our government had existed more than half a century, it was found that Congress was con- stantly petitioned by individuals for debts which they claimed the government owed them. Sometimes it was for services rendered, sometimes for articles furnished for public use, and again for land which the government had taken without pay- ing the full price demanded. These claims were difficult to settle, and very troublesome to Congress. On this account that 'body created ' a Court of Claims, where all such cases should be tried. This court consists of a chief-justice and four other judges, and is held in Washington the year round, except for a few months in summer. The claims considered here are those growing out of the laws of Congress or the regulations of the executive departments, or UNITED STATES COURTS. 213 any contract with the National Government; also claims which either house of Congress may see fit to refer to it for decision. When a case is decided in favor of a claimant, it is at once referred to Congress, and that body usually makes the neces- sary appropriations. But there is nothing compelling it to thus respond to the decisions of this court. 6. Other Courts. — Congress has established the following additional courts: 1. The Court of tlie District of ColumUa, which tries both civil and criminal cases for that District. 2. Territorial Courts in the territories, having about the same powers as the State and Federal Courts h^ve within the States. 3. Courts-Martial, consisting of militarv or naval officers for the trial of crimes and offenses committed in the army and navy. 4. Military Courts, organized in times of war, within those sections actually in a state of war, where ordinary courts can- not perform their regular duties. 5. Consular Courts, in which American consuls in service in foreign countries are allowed to try important cases arising between Americans and foreigners in their commercial trans- actions. III. Federal Judges. 1. Appointiiient. — We have previously seen that these officers are appointed by the President and the Senate. 2. Term of Office. — Federal Judges hold their office by Constitutional provision, during good behavior; and this, in most cases, means for life. This is the only dej)artment of government where offices are held for so long a term. It was intended that these officers should be wholly independent of the people and of any appointing power, so long as they did not abuse their trust, in order to insure just and impartial decisions. 3. Removal from Office. — But they are not beyond the reach of the law themselves. Xone are in our free government, no matter how higl>the office they may hold. If these judges 214: CIVIL GO VEHEMENT OF THE UNITED STATES. abuse the great trust placed in their hands, by any misconduct in office, they may be removed by impeachment, the same as other officials. But in no other way is it possible to remove a Federal Judge from office. They may, of course, resign if they so desire. Twice it has happened that a Supreme Court Judge became unsound of mind, and not having sufficient judgment left to resign, and there being no way in which he could be honorably discharged, a most unpleasant situation resulted. 4. Salaries. — All judges must receive a compensation for their services, and this must not be diminished during their continuance in office. Thus they are not dependent upon the favor of Congress. The salary may be increased, however. As the term of office is so long, a salary sufficiently large at the time of appointment might, in the course of time, become very inadequate for the necessary expenses of living. The salary of the Chief- Justice of the United States is $10,- 500 per annum; of the Associate Judges, 110,000; of the Cir- cuit Court Judges, 16,000; and of the District Court Judges, 15,000. It is provided by law that any Federal Judge, after he reaches the age of seventy years, if he has served ten years, may retire from the bench, and for the remainder of his life receive the same salary that was paid to him at the time of his retirement. JUKISDICTIOX OF THE UNITED STATES COURTS. 215 Korty-Skcond Lesson. JURISDICTION OK THE UNITED STATES COURTS. Article III, Section 2.— Jurisdiction of the United States Courts. 1. The judicial power shall extend to all cases in law and equity aris- ing under this Constitution, the laws of the United States, and treaties made, or which shall be made, under their authority; to all cases affect- ing ambassadors, other public ministers, and consuls; to all cases of admiralty and maritime jurisdiction; to controversies to which the United States shall be a party; to controversies between two or more States; between a State and citizens of another State; between citizens of different States; between citizens of the same State claiming lands under grants of different States; and between a State, or the citizens thereof, and foreign states, citizens or subjects. 2. In ail cases affecting ambassadors, other public ministers, and con- suls, and those in which a State shall be party, the Supreme Court shall have original jurisdiction. In all the other cases before mentioned, the Supreme Court shall have appellate jurisdiction, both as to law and fact, with such exceptions and under such regulations as the Congress shall make. 3. The trial of all crimes, except in cases of impeachment, shall be by jury; and such trial shall be held in the State where the said crime shall have been committed; but when not committed within any State, the trial shall be at such place or places as the Congress may by law have directed. Section 3. — 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 com- fort. No person shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or on confession in open court. 2. The Congress shall have power to declare the punishment of treason; but no attainder of treason shall work corruption of blood or forfeiture, except during the life of the person attainted. I. Jurisdiction of the United States Courts in General. The United States Courts do not have jurisdic- tion in all kinds of cases, but only such as are specified in the Constitution. These are: 216 CIVIL GOVERNMENT OF THE UNITED STATES. 1. Cases Arising- under the Constitution, Laws and Treaties.— The United States Courts are given jurisdiction in .all these cases, in order that the interpretation of the N"ational laws may be uniform, and that the l^ational Judiciary may not be dependent upon the States for the interpretation and enforcement of its own laws. It will be observed that the words of the Constitution are, ''all cases in law and equity." Courts of Equity are for the trial of extraordinary cases, for which no plain and complete remedy can be had in the courts of law. Such courts adapt their decisions to the circumstances of the case, and the peculiar rights of the parties interested. This the courts of common law cannot do, since they are bound to give an abso- lute judgment, either for the plaintiff or defendant. These peculiar cases are the ones to which reference is made. 2. Cases Affecting- Ministers and Consuls. — The official agents, sent here from foreign countries, must be protected in their rights and privileges, if we would continue our friendly relations with the governments sending them. As the National Government is held responsible for the treatment of these ministers and consuls, the Federal Courts are given jurisdiction in all cases affecting them. 3. Cases of Admiralty and Maritime Jurisdiction. — These are cases arising on the sea or connected with vessels; as, cases of collision, of captures in time of war, or claims for re- pairing vessels, or contracts for carrying freight or passengers. Under this head are also included cases originating on the great lakes and navigable rivers. On the high seas all nations claim equal right and jurisdic- tion; thus many of our admiralty cases affect foreigners. For this reason. admiralty jurisdiction is given the United States Courts. Still another reason is that such matters are con- nected with the regulation of commerce; and yet another, that the States have no jurisdiction over the ocean. 4. Controversies in wliicli tlie United States is a Party. — Oases in which the whole people are interested should cer- tainly not be left to the courts of an individual State. Unless the United States Courts had jurisdiction in such cases, the JURISDICTION OF THE UNITED STATES COURTS. 217 rights and powers and privileges of the Nation would be at the mercy of the States, and the Union would not long be able to maintain its existence. 5. Cases A£fecting Different States or tlieir Citizens. — This class of cases was placed within the jurisdiction of the Federal Courts, for the purpose of preventing dissensions among the States. They are the cases which affect two States or the citizens of two States; and it could hardly be expected that the courts of any State would always render impartial decisions where its own interests or those of its citizens were thus involved. The cases mentioned, in which citizens of the same State claim lands under grants of different States, are cases in which States, disagreeing over their boundaries, have granted the same tract of land to different individuals. Controversies between a State or its citizens, and foreign states, citizens or subjects are settled in the United States Courts for the same reasons that the cases of this section are so decided. The part of this provision which refers to suits brought against a State by citizens of another State, or foreign citizens or subjects, is now void by the eleventh amendment. We shall see when we reach that subject, that no private citizen or subject can now bring suit against a State. II. JURISDICTION OF THE INDIYIDUAL COURTS. 1. Of tlie Supreme Court. — The only cases in which the Supreme Court has original jurisdiction are those affecting foreign ministers and consuls, and those in which a State is a party. These cases were thought to involve such important interests that they should be referred to the highest judicial tribunal. The chief business of this court is to review the decisions of inferior courts; from which circumstance it derives much of its great dignity and importance. But Congress has complete control of this appellate jurisdiction; and if at any time that part of the work becomes too great, Congress may transfer a portion to the inferior courts; or it may, at any time, extend such jurisdiction. 218 CIVIL GOVEENMENT OF THE UNITED STATES. 2. Of tlie Circuit Courts. — By act of Congress, these courts have original jurisdiction in suits between citizens of different States, and between aliens and citizens, when the amount involved exceeds two thousand dollars. Also in suits under the revenue, patent and copyright laws; and in cases involving the grants of different States. All crimes and offences committed against United States laws, which are punishable by death or heavy penalties, are tried in these courts. 3. Of the Circuit Courts of Appeals. — These courts have, as their name imj^lies, only appellate jurisdiction. They can review, in certain cases, the decisions of the Circuit and Dis- trict Courts. In some cases, an appeal may be made from these courts to the Supreme Court; in other cases, their de- cisions are final. 4. Of the District Courts. — The jurisdiction of these courts extends to the lesser crimes and offences, committed in their respective districts, against the laws of the United States. Minor offences on the high seas are also tried in these courts. III. Arbitration. Very often matters of difference are settled by arbitration, instead of in the regular courts of law. This is done by referring the disputed matters to disinterested persons, mutually agreed upon by the contending parties. The opinion of the arbitrators is called an aivard; and the parties to tlie arbitration are bound by this decision. Cases of crime cannot be disposed of in this manner. In modern times nations often resort to this intelligent and peaceful method of settling differences, instead of appealing to arms and the horrors of war. One of the most famous cases of this kind on our records is the Alabama case. During the Civil War, American vessels and cargoes were seized by vessels built in England, and sometimes sailing under English colors, prominent among them being the Alabama. Our government demanded compensation of the English government for these dejiredations; but England claimed to know nothing of such vessels, and would not be held responsible for their work. The dispute continued until, in 1871, the two nations agreed to JUKISDICTIOX OF THE UNITED STATES COURTS. 219 settle the matter by arbitration. Five commissioners were appointed, one each by England, the United States, Brazil, Switzerland, and Italy. This tribunal assembled in Geneva, Switzerland, and, after a thorough examination of the matters submitted to them, awarded our government fifteen and one half million dollars in gold. Great Britain promptly paid the award. 3 ± ^ Claims against our government are often submitted to such commissions for settlement. IT. THE TRIAL OF CRIMES. All persons charged with crime* are given the privilege of a trial by jury, except in cases of impeachment, and then the whole body of Senators act as jury. This clause also provides for trying crimes m the States where ^ej are committed, or, if not committed in a State, at such places as Congress may direct. The sixth amendment enlarges upon this subject, and under that head the matter will be further discussed. T. TREASON. 1 Definition.— Treason has always been regarded as the hio-hest crime a citizen or subject can commit, because it has for its object the overthrow of the government. Nations pro- tect themselves against this crime by inflicting upon traitors the severest and many times the most barbarous and degrading punishments. There is always a tendency, especially m time of great political excitement, to construe innocent acts as trea- sonable. Many times wicked kings and judges have so inter- preted harmless deeds or words, in order to rid themselves of obnoxious persons. And there are to-day numerous govern- ments which, fearful of merited destruction constanJy see 01 claim to see, in the ordinary speech and action of then sub- jects, proof of treason, and inflict barbarous punishments "tTS against the possibihty of such wrongs, the Consti- tution^mphalcally declares that -thing but n.ak.ngacu^^ war against the United States, or giving aid and comfoit to its €nemi°es, shall be called treason. 220 CIVIL GOVERNMENT OF THE UNITED STATES. 2. Proof. — It further provides that, unless a person makes-. confession of treason in open court, he cannot be convicted of the crime, but by the testimony of two witnesses to the same open act. Even in cases of murder, the direct testimony of one competent witness is sufficient to convict; and, where there is no direct testimony to the commission of the crime, strong circumstantial evidence is often deemed sufficient. But the danger of convicting innocent persons of treason Avas con- sidered so great as to demand these strong safeguards. 3. Punishment. — It was left with Congress to prescribe the punishment for traitors; but one restriction was placed upon its power. No attainder of treason, that is, judgment by a court, should work corruption of blood, or forfeiture, after the death of the traitor. We have already seen how, formerly, in England, the punishment for treason worked forfeiture of property and corruption of blood. Here innocent people are not punished for the crimes of their relatives. Con- gress has passed a law which provides that no conviction of crime against the United States shall work corruption of blood or any forfeiture of estate. The punishment for treason has been fixed by Congress at death, or, at the discretion of the court, imprisonment for not less than five years and a fine of not less than ten thousand dollars. EELATICNS OF THE STATES. 221 Forty^Thire) I^ksson. RKLATIOIMS OK THE STTATES. ARTICLE IV. — Relations of the States. Section 1. — Public Records, 1. Full faith and credit shall be given, in each State, to the public acts, records aad judicial proceedings of every other State, And the Congress may, by general laws, prescribe the manner in which such acts, records, and proceedings shall be proved, and the effect thereof. Section 2. — Privileges of Citizens. 1. The citizens of each State shall be entitled to all privileges and im- munities of citizens in the several States. 2. A person charged in any State with treason, felony or other crime, who shall flee from justice and be found in another State, shall, on demand of the executive authority of the State from which' he fl.ed, be delivered 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 reg- ulation therein, be discharged from such service or labor; but shall be delivered up on claim of the party to whom such service or labor may be due. Section 3. — New States and Territories. 1. New States may be admitted by the Congress into this Union ; but no new State shall be formed or erected within the jurisdiction of any other State; nor any State 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- strued as tD prejudice any claims of the United States or of any particular State. Section 4. — Guarantee to the States. 1. The United States shall guarantee to every State in this Union a republican form of government, and shall protect each of them against invasion; and, on application of the Legislature, or of the Executive- {when th(; Legislature cannot be convened), against domestic violence. 222 CIVIL GOVERNMENT OF THE UNITED STATES. I. State HECORDS. The j^uhUc ads. mentioned in the first clause, have reference to the laws made by the State Legislatures; the records mean all matters that are recorded bv law, and also include the laws, as well as real estate records, etc. ; the judicial proceedings are the acts of the courts, judg- ments, orders, etc., and refer only to civil cases. Full faith and credit must be given these acts, records and proceedings of each State, in every other State in the Union; that is, the other States must give them the same credit which the State itself gives its own records and proceedings. If a person is sued in Iowa, and a decision rendered against him, it may be enforced in whatever State he goes. If it were not for this clause, each State might provide that, no matter how many times cases had been tried in the courts of other States, it would not enforce their decisions until the .suits had been tried agam in its own courts. In this way questions which had been once decided would be open to liti- gation as often as one of the parties removed to another State, and endless confusion and misunderstandings would follow. Congress has prescribed the manner in which public acts, records and proceedings may be proved, and has declared that, when thus proved, they shall have the same faith and credit given them in every court of the United States as they have in the courts of the State from which they are taken. II. PRIYILEGES OF Citizens. Although the States have supreme power over matters which do not belong to the Gen- eral Government, yet they cannot have two kinds of laws and two kinds of privileges, one for their own citizens and the other for citizens of other States. The Constitution forbids this. The moment a citizen of one State enters another State, he may buy, hold and sell property there, engage in any trade or profession, and be protected by the laws of the State the same as its own citizens. No power can withhold these rights from him. It is said that this provision has done more to make the citizens of this country one people than any other in the Con- stitution. RELATIONS OF THE STATES. 223 III. FUGITIYE CROIINALS. If a person, committing a crime in one State, could cross over the borders into another State, and at once be freed from the power of the law, every State in the Union would soon become an asylum for thieves and murderers, and crimes of every description would increase with every year. Since the officers of one State have no power to perform official actions in another, it is of the highest importance that criminals fleeing from justice should be delivered up to the State having jurisdiction, by the authorities of the State in which the fugitives are found. The Constitution declares that this shall be done. The person must first be charged with crime, as the law prescribes, before a court of competent jurisdiction. In the meaning of this provision a crime is whatever the laws of the State which makes the demand declare to be a crime. The governor must then send a requisition or demand to the governor of the State in which the fugitive is found, for his delivery. Although, the framers of the Constitution made provision for tlie return of fugitive criminals, they did not make any men- tion of compelling such action; and the Supreme Court has decided that there is no way in which it can be done. How- ever, the requisition is usually complied Avith; though there have been numerous cases in which a governor has refused to give up a fugitive criminal, and thereby caused serious conten- tions between the States concerned. The gravest troubles caused by such, refusals arose during the years of slavery. According to the laws of the slave States, persons who induced slaves to escape from their masters were criminals. The governors of free States many times refused to comply with requisitions for such criminals, because they felt their deeds to be so far removed from crime that compliance could not be conscientiously made. IT. FUGITITE Slates. Throughout the proceedings of the Constitutional Convention, whenever questions arose that involved the subject of slavery, the op2:)osition of the North to that institution was plainly manifest in the bitterness of the debates which followed. The South, foreseeing the abolition 224: CIVIL GOVERNMENT OF THE UNITED STATES. of slavery in other Northern States than Massachusetts, feared that such States would then become a refuge for escaping slaves; and since, by the common lav/ a slave escaping into a non-slave holding State became free, they would have no security in the possession of their slave property. They, therefore, wanted some provision made by which they could reclaim their fugitive slaves. The Northern States, though greatly opposed to this yet feared that the Southern States would not otherwise accept the Constitution, and consented to such provision. Since the abolition of slavery, that part of the provision relating to slaves has been obsolete; and, although apprentices are also included within its meaning, it has always had little effect with regard to them. t. goternment of united states territory and Other Property. 1. Org-anizecl Territories.— When a section of territory belonging to the United States becomes sufficiently populated to require a local government for insuring -pesice and safety to its 2:)eople, the inhabitants petition Congress to organize them into a territorial government. If thought advisable by Con- gress, the request is favorably considered, and a bill is passed organizing the territory under some name, which is usually suggested by the people themselves. The President then appoints a governor, judges, and certain other officials, and the Senate confirms his appointments. The people themselves elect a Legislature. This government is conducted in very much the same manner as State governments; but the territories in reality, have none of the individual rights which the States possess. Congress has the supreme control of these governments. It can pass any laws, and enforce them within the territories, or annul any laws passed by their Legislatures. The people of the territories have no share in Presidential elections, and send no Senators or Eepresentatives to Congress. By an act of the National Legislature, however, each territory is allowed one delegate in the House of Eepresentatives, but he has no vote. He looks after the interest of his own territory as he can best do so. He is entitled to speak in the House upon RELATIONS OF THE STATES. 225 fill questions relating to the interests of the people whom he represents, and is thus able often to influence the legislation affecting his territory. 2. Indian Territory.— All of the territories of the United States are now under organized governments with the excep- tion of Indian Territory. This was set apart as a permanent home for the Indians, both those who are natives of the territory, and those who have been removed thither from other sections. Each tribe owns the portion of country given it bv the National Government. They are allowed to make and execute their own laws, and live according to their own customs and manners. Some tribes have become civilized to a considerable extent, having churches, schools, and a form of government resembling that of neighboring States. If they commit crimes against white men, they may be tried and pun- ished in United States courts sitting m the districts of certain adjoining States. In 1889 a section of about eighty-seven townships, in the heart of this territory, having been purchased by the United States government of the Creek and Seminole nations, was, by proclamation of President Harrison, opened to white settlers. This section is called Oklahoma, meaning the Indian Countr}^ It is probable that still larger sections will be purchased of the Indians and ojjened to settlement. The control of this territory is in the hands of Congress. 3. Yellowstone Park. — Until within recent years, the val- ley of the Yellowstone River was little known to white men, and the Indians, filled with suj^erstitious dread of its boiling springs and spouting geysers, had avoided the region, which seemed to them the dwelling place of evil spirits. But after the valley had been fully explored by Professor Hayden and his party, the United States government decided to set it apart as a joerpetual National Park. In this way the wonders of the place are preserved in a state of nature, and will always be free to the whole people. This park contains over thirty-five hundred square miles, and was taken almost entirely from Wyoming. Congress has complete control of the section. 15 226 CIVIL GOVERNMENT OF THE UNITED STATES. 4. Other Property. Besides having full power over all ter- ritory belonging to the United States government, Congress also controls all other National property. Under these heads are included all territory and other property not belonging to any State. TI. Admission of New States. 1. Why the Constitution Provides for Their Admis- sion. — At the close of the Eevolutionary War there were large tracts of unoccupied territory, claimed by several States within the vague descriptions of their charters. Those States which had none of this territory insisted that, as all alike had given their blood and property to wrest it from the British crown, it ought to become the property of the United States, and go toward paying the expenses of the war. There was a long con- troversy over this subject, and Congress finally passed a resolu- tion declaring that these lands, if ceded to the G-eneral Gov- ernment, should be disposed of for the common interests of the people; and should be settled and formed into distinct repub- lican States, to become members of the Federal Union. New York then took the lead in surrendering her part of this land; and the other States, Virginia, Massachusetts, Con- necticut, South Carolina, North Carolina and Georgia, fol- lowed her example, at various dates. Thus, in the Constitu- tion, Congress was given the power to admit new States. The Articles of Confederation contained no such provision. 2. The Fears of tlie States Quieted. — But the large States were afraid, if Congress had unlimited power in the matter, that they might each be divided into several small States; and the small States feared lest two or more of them be united to form large States. Consequently Congress was forbidden to do either, without the consent of the Legislatures of the States concerned. 3. Petition for Admittance. — When a territory becomes sufficiently populated, and desires to have a State government, it petitions Congress to admit it into the Union. A State now to be admitted must contain a population large enough to en- titlft it to at least one Kepresentative in the House. Sometimes RELATIONS OF THE STATES. 22 T evil practices exist in a territory which make Congress fearful of giving it the power of a State government, although it has sufficient population. Thus territories may be kept waiting outside a long time before Congress will open the door of the Union to them. 4. Admission — Ordinarily, in admitting States, Congress passes what is called an Enabling Act, which authorizes the peoi^le to frame and adopt a constitution, and provides for the admission of the State upon certain conditions. Then the peo- ple of the territory, either in Convention, or through their Legislatures, frame their constitution. This is submitted to Congress, and, if it is in full accord with the Constitution of the United States and our republican government, and if all the conditions imposed by Congress have been properly com. plied with, the National Legislature formally admits the new State into the Union. Sometimes the people of a territory are allowed to form a constitution and elect officers to administer it, and then sub- mit it to Congress and apply for admission. Of the thirteen original States, seven were free States and six slave States at the time of the adoj)tion of the Constitution. Por more than half a century afterward, slave and free States were admitted in such order as to preserve the balance of power in the Senate. Til. REPUBLICAN GOYERNMENT GUARANTEED. The United States must see to it that every State has a republican form of government. If one State could establish a monarchy, and another an aristocracy, and another have no government at all, there would soon result such conflicts and confusion as would destroy the Constitution itself. The National G-overnment is also bound to protect any State against foreign invasion, and against domestic violence, if the State so requests. This is to further provide against the republican government of any State being overthrown, either by a foreign enemy or by its own people. 228 CIVIL GOVEKNMENT OF THE UNITED STATES. Forty- Kourth: Lksson:. TvdlSCKLIvANKOUS PROVISIONS. ARTICLE V. — Power of Amendment. The Congress, whenever two-thirds of both houses shall deem it neces- sary, shall propose amendments to this Constitution, or, on the applica- tion of the Legislatures of two-thirds of the several States, shall call a convention for proposing amendments, which, in either case, shall be valid to all intents and purposes as part of this Constitution, when ratified by the Legislatures of three-fourths of the several States, or by conven- tions in three-fourths thereof, as the one or the other mode of ratification may be proposed by the Congress; provided that no amendment which may be made prior to the year one thousand eight hundred and eight shall in any manner affect the first and fourth clauses in the ninth section of the first article, and that no State, without its consent, shall be deprived of its equal suffrage in the Senate. ARTICLE VI.— National, Debts; Supremacy of National Law; Oath, Religious Test. 1. All debts contracted and engagements entered into before the adop- tion of this Constitution shall be as valid against the United States under this Constitution as under the Confederation. 2. This Constitution, and the laws of the United States which shall be made in pursuance thereof, and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every State shall be bound thereby, anything in the constitution or laws of any State to the contrary notwithstanding. 3. The Senators and Representatives before mentioned, and the mem- bers of the several State Legislatures, and all executive and judicial offi- cers, both of the United States and of the several States, shall be bound by oath or affirmation to support this Constitution ; but no religious test shall ever be required as a qualification to any office or public trust under the United States. ARTICLE VII. — Ratification of the Constitution. The ratification of the Conventions of nine States shall be sufficient for the establishment of this Constitution between the States so ratifying the same. Done in Convention, by the unanimous consent of the States present, the seventeenth day of September, in the year of our Lord one thousand seven hundred and eighty-seven, and of the Independence of the United States, of America the twelfth. MISCELLANEOUS PROVISIONS. 229 AMENDMENTS TO THE CONSTITUTION. ARTICLE I. — Freedom of Religion, of Speech, and of the Press. ^Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press ; or the right of the people peaceably to assemble, and to petition the government for redress of grievances. [Adopted 1791.] I. Amendment of Constitution. NTo one can proceed thus far in the study of our government, without being deeply impressed with the marvelous intellect and wisdom of the men who made our Constitution. And by the power of this same intellect they comprehended that no human code of laws could ever be perfect, and that no Constitution could be made which would provide for the wants and necessities of a growing nation, before those needs existed. Therefore they provided in this body of laws a method by which it could itself be changed. But these same men had seen and experienced the troubles which continually arose when another government had made and changed their laws at its pleasure, and also when the laws of a feeble central home government had been defied and over- thrown at the will of jealous States; and so they made the alteration of this Constitution so difficult a thing that it could not be done at the fickle desire of a few States, or even a bare majority, but only when the great mass of the people really desired it; for only the people themselves can make these changes. Only by the following method can the Constitution be amended: 1. How Proposed. — Whenever Congress, by a two-thirds vote of each house, desires that a certain amendment or amend- ments be proposed, they may then submit their proposition to the States. Or, if the Legislatures of two-thirds of the States apply to Congress to call a convention for proposing amendments, that body must comply with the request. This latter method has .never yet been used. But if at any time Congress should 230 CIVIL GOVERIS-MENT OF THE UNITED STATES. refuse to jDroj^ose some desired amendment, the States them- selves could take the matter into their own hands by means of this second way provided. 2. How Ratified. — After an amendment has been pro- posed, it must be submitted to the States for approval. Con- gress must declare whether this shall be done by the Legisla- tures or by conventions called in each State for the purpose. If the Legislatures or conventions of three-fourths of the States ratify the amendment, it then becomes a part of the Constitution. Thus far all amendments that have been made have been ratified by the Legislatures. 3. Restrictions. — But there is one j^rovision of the Consti- tution which can never be amended, and that is the one giving the States equality in the Senate. This provision was made in order to still further secure the smaller States against loss of power in that body. Another restriction was also added, concerning the slave- trade and direct taxes, which is now without effect. II. National Debts. In order to satisfy the creditors of the Colonial Government that the new government would assume all the debts and keep all the engagements of its prede- cessor, the clause to that effect was inserted. III. Supremacy of National Latv. The next clause declares that the Constitution, laws of Congress, and treaties, shall be suiweme, no matter what the coustitutions or laws of any State may be. It is this provision which gives effect to the whole Constitution. By it, if any State law or constitution conflicts with the law of the Xation, the former is void, and the judges of the State courts must hold it so. IT. Oath of Office, a solemn oath or affirmation tends to make a conscientious man more painstaking in the execu- tion of his duties, while it binds the consciences of men of less principle as, perhaps, nothing else will do. This was consid- ered a matter of such importance, that the provision was inserted expressly requiring every officer of the three depart- ments of both State and Xational Couernment to be bound by MISCELLANEOUS PKOVISIOXS. 231 oath or affirmation to support the Constitution of the United States. They are usually required to swear, also, that they will faithfully perform the duties of their office to the best of their ability. It is in order that persons who have conscientious scruples against taking an oath, as, for example, the Quakers, may not be excluded from office, that a solemn affirmation is allowed to be made instead of an oath. T. Religious Test. But no National officer can ever be required to declare himself in favor of, or against, any religious belief, as a qualification for office; every citizen of this country has perfect freedom in his religious faith. States may, if they so desire, require religious tests of their officers, and some have ■done so; but usually it is forbidden in the State constitutions. TI. A Bill of Rights. When the Constitution was submitted to the States for their approval, among the most serious objections raised against it was the omission of a Bill ■of Eights. By this was meant a formal declaration of those rights of the people which were most important to their lib- -erty. Several of the States for some time refused to ratify, because of this omission, but finally yielded, at the same time expressing a decided desire that these additional provisions be made. Although these rights were not conferred upon the people, by direct guarantees of the Constitution, yet it was believed by the framers of that instrument, and by many others, that this in no way interfered with the full liberty of the people. Be- cause the i^ational Government could only exercise such pow- ers as were given it by the Constitution, and because all other powers and privileges were reserved to the States, they held that these rights in question belonged to the people, since they were not taken away by the Constitution, just the same as though expressly enumerated therein. But the experience of the colonists with Great Britain had made them so suspicious of a central government's abuses and usurpations, that their fears, in this instance, could not be quieted; and the first Congress, at its first session, proposed 232 CIVIL GOVERNMENT OF THE UNITED STATES. twelve amendments, ten of wliicli were ratified by the required number of States. These ten are called the American Bill of Eights, and they place limitations on Federal authority only. The States themselves are not bound by these provisions, but their Constitutions, without exception, contain similar guar- antees. YII. Religious Liberty. Some of the most cruel and bloody ^persecutions of history have resulted from the resistance of subjects to the attempts of their government to compel their religious worship according to certain prescribed forms. Gov- ernments have always been slow to learn that their jurisdiction does not extend over a man's conscience, but only over his rela- tions to his fellow-men. They have repeatedly declared certain churches to be the churches of state, and have insisted upon their subjects worshiping according to the rules and forms of those joarticular churches, no matter what the beliefs of the people themselves might be. Our forefathers were familiar with the dark history of those countries where church and state had thus been united, and therefore they forbade Con- gress ever to make any church a state church, or any religion a state religion, or in any way to interfere with the religious institutions and convictions of the people. This does not mean that a man may offer human sacrifices,, or do anything that will interfere with the liberty of others, under cover of religious beliefs. His liberty in such matters extends only to himself. Till. Freedom of Speech and the Press. One of the strongest safeguards of a tyrannical and corrupt govern- ment lies in its power to control both the spoken and printed words of its subjects. If people who are not satisfied with their government are allowed to speak their criticisms freely, and scatter them widely by publication, the j^opular discontent is excited and increased until the danger of open rebellion becomes constant. But where the government is by the people themselves, every citizen should have the right to discuss freely all public measures, and to criticise fearlessly the official acts of officers, always provided he does so with good motives. In MISCELLANEOUS PROVISIONS. 233 our country every citizen possesses the right of speaking or printing whatever he chooses. But it must not be supposed that this gives him the right to abuse such freedom, to wrong others in their rights or property or reputation, or to publish what is blasphemous or injurious to public morals. All of the States have laws which furnish protection against slander and libel. Slander consists in maliciously attacking a person's reputation by word of mouth; charging him with an offense punishable by infamous punishment, with unfaithful- ness in office, or with want of integrity or capacity in conduct- ing business. Lihel is a published slander; and the publication may be by writing or printing, or by pictures or caricatures. Any publi- cation is a libel which blasphemes God, or brings contempt or ridicule upon the Christian religion; or is immoral or obscene; or imperils the peace of the country by personally abusing a foreign sovereign or his officers; or brings false and malicious charges against the law or government of the country; or blackens the memory of the dead, or injures the reputation of the living. In the law, libel is considered a greater offense than slander, because the attacks are made with more deliberation, have a wider circulation, and thus are more injurious in their effects. Libel is an indictable offense and therefore i3unishable crim- inally; and at the same time the party libeled may bring civil action for damages. Slander is not indictable. It is consid- ered an injury only to the person slandered, and he may bring action for damages. . IX. The Right of Assembly. Congress cannot pre- vent the people of this country from peaceably assembling, whenever and wherever they will; neither has any State ever called this right into question. In many governments the rio-ht of assembly, even peaceably, is denied the people, because of the opportunities which it affords for plotting rebellion and war; but those are the governments in which the people have little or no power; here, where they have all power, there is small danger of their plotting against themselves. The frequent coming together of the people of a free coun- 234: CIVIL GOYERNMENT OF THE UNITED STATES. try, to deliberate upon matters of political importance, instead of endangering the public peace, does much to foster it; for the spirit of ° patriotism is strengthened by keeping the masses informed on the workings of their free government, and legis- lation is influenced in the right direction. When, however, any assemblage becomes riotous, or threatens to result in public disorder, it may be suppressed according to the laws of the States. X. The Right of Petition. One reason why the king and Parliament would not listen to the petitions of the colon- ists, was that they thought the people had no right to meddle with the affairs of government in such manner. Naturally, when it was found that the Constitution did not especially acknowledge the right of petition, the people desired to have it done. They wanted the power of the law behind them whenever they thought best to ask for the repeal of oppressive laws, or the enactment of new ones, or to call the attention of the government to any matter of wrong and injustice. It has been held that this was an unnecessary declaration of the Constitution, because the right of petition would never be denied in a government founded upon such principles as ours. But for many years fierce debates arose in Congress over this right. The presentations of petitions concerning slavery were bitterly opposed by many of the members. This proved the wisdom of our fathers in inserting the provision. The right of petition is an important one. By it members of the government obtain valuable information of the wants and needs of the people. Thus many a wrong is righted which otherwise might not have come within the knowledge of the government. It is also an admirable method of placing a legislative body under the direct control of public opinion. AMENDMENTS TO THE CONSTITUTION. 235 FOIRTY^KIKTH I^KSSON. AJMENDIVIENTS TO THK CONSTITUTION, ARTICLE II. — Right to keep Arms. A well-regulated militia being necessary to the security of a tree State, the right of the people to keep and bear arms shall not be infringed. [Adopted 1791.] ARTICLE III. — QuAKTEMNG Soldiers in Private 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 to be pre- scribed by law. [Adopted 1791] ARTICLE IV.— Search Warrants. The right of the people to be secure in their persons, houses, papers and effects against unreasonable searches and seizures shall not be viola- ted; 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. [Adopted 1791.] ARTICLE Y. — Criminal Proceedings. No person shall be held to answer for a capital or otherwise infamous -crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia when in actual service, in time of war and public danger; nor shall any person be subject for the same offence, to be twice put in jeopardy of life or limb; nor shall be compelled, in any criminal case, to be a witness against himself; nor be deprived of life, liberty or property without due process of law; nor shall private property be taken for public use without just compensation. [Adopted 1791.] ARTICLE VL— Rights op Accused Persons. 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. [Adopted 1791.] 236 CIVIL GOVERNMENT OF THE UNITED STATES. AKTICLE VII.— Jury Trial in Civil Cases. In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved; and no fact 'tried by a jury shall be otherwise re-examined in any court of the United States than according to the rules of common law. [Adopted 1791.] I. The Right to Bear Arms. The main principle upon whicli the government of absolute monarchies is based is that of ruling by fear. This makes the keeping of large stand- ing armies a necessity, and often, too, the disarming of the people. There is always the danger of a standing army in any country usurping the rights of the people, by being made the instrument of ambitious men. Although the Constitution' itself provides in various ways against such possibility, the second amendment was thought advisable in order to prevent any danger of an unarmed people being overborne by armed forces. At the 23resent time, if riots and insurrections should arise, our standing army being mostly located in the far AYest, would not be available, and an unarmed people would then be help- less. But it is generally held that the secret carrying of arms may be prohibited, as endangering the lives of citizens. II. Quartering Soldiers, a favorite method of tyranny, for compelling the submission of subjects unfriendly to the government, is to quarter soldiers upon them, to be fed at their expense. England tried this upon the rebellious colonists. It is a cruel method of oppression, for the soldiers of a standing army are usually from the rude and unprincipled elements of society, and are insolent and overbearing in be- havior; while the actual expense of quartering them is, in many cases, a heavy burden. Our government cannot oppress its subjects in this way, in time of peace; and in time of war, when it is necessary, troops can be quartered in private houses only in such manner as Congress shall prescribe. In these latter instances, probably none would consider it an act of tyranny, but only a just means of protecting the country. AMENDMENTS TO THE CONSTITUTION. 237 III. Searches and Seizures. In this country the well •established principle of English law that every man's house is his castle is thoroughly incorporated into the government. The poorest cottage in . the land may close its doors against the governor of the State, or the President of the United States, or the whole armed forces of the Nation, unless legally authorized to enter. Previous to the American Revolution the officers of the English government could enter any house, by day or night, seize any papers or letters, and take into custody any persons. Many times in the early history of England, blank search warrants were granted to officials, who, by filling them out at pleasure, were authorized to search any house. The famous Writs of Assistance were search warrants, and the people of the United States did not desire further experience of such oppression. The fourth amendment provides against such tyranny, by stating under what conditions searches and seizures may be made: 1. The complaining party must make oath or affirmation that a crime has been committed, and that there are good rea- sons to suspect that the persons or things to be seized are concealed in some particular place. Thus a person cannot make false and malicious accusations against others, without laying himself liable to indictment and conviction of perjury. 2. A warrant must be issued by proper judicial authority, authorizing the search and seizure. 3. The warrant must particularly describe the place to be searched and the persons or things to be seized. This provision protects the liberty and joroperty of the citi- zen against mere suspicion and malicious accusation; but, of course, it does not prevent a police officer from forcing entrance into a house and making arrests without a warrant, when it is known that a crime is being committed, or in other exceptional cases. But in those instances the arrested person must be taken at once before the proper authorities; and the officer must prove that his action was necessary for the public good. 23 S CIVIL G-OYERNMENT OF THE UNITED STATES. lY. Indictment by Grand Jury, it has already been explained that the j^urpose of a grand jury is to protect inno^ cent persons against unjust persecutions. The people wanted to make sure of this protection, and the fifth amendment, secures it to them. In time of war an entirely different method of trial and pun- ishment is needed, and in governing the army and navy at all times, than that required for the protection of citizens in times of peace. Therefore these cases were excepted. Y. Twice in Jeopardy. If a person is once tried for a, crime, whether found guilty or not guilty by the verdict, he cannot again be tried for the same offence. This means if the accused himself does not apply for a new trial, which he may do in case an error of law has been committed; but this trial is given for his own benefit, and is not putting him in jeopardy a second time. If the jury disagree, a second trial may be had on the same indictment; but this is only a continuation of the first trial. This provision is to prevent the government, as a means of persecution, from bringing persons to trial again and again for the same offence, which has often been done in the past by many governments. YI. Accused Persons not Required to Testify. A person charged with crime is placed in such a serious position that, whether innocent or guilty, in many cases his mind is incapable of giving clear and correct evidence. In earlier times the most atrocious measures were taken ta extort a confession of guilt from accused persons. They were subjected to the rack, burned with hot irons, starved, given no drink, or frightened by the threats of infamous judges. Often innocent persons were by such means driven to confess them- selves guilty, in order to end their sufferings. But by our Constitution and the State constitutions no man can be compelled to testify against himself, and cannot, there- fore, even be frightened into false statements. YII. Life, Liberty and Property. :N^either can any one be deprived of life, liberty or property, except by due AMENDMENTS TO THE CONSTITUTION. 239 process of law. This means that no citizen shall be depriyed of any of his rights and privileges, unless, in a trial begun and conducted according to the course of the common law, a ver- dict shall be rendered against him. Till. PRIYATE Property. The public good is of greater importance than private interests. Although it is the duty of the government to protect the property of the citizen to the utmost, and secure to him its peaceful possession, yet when the public welfare demands the use of such property, it is the un- doubted right of the government to appropriate it. Otherwise individuals would be able to thwart the interests of the whole iNTation. But the government is forbidden to take private property without making just compensation. If the owner and the officers purchasing cannot agree on the amount of compensa- tion, then the matter is submitted to impartial judges. We have already seen how our government exercises this right of eminent domain. IX. A Speedy and Public Trial. Another favorite method used by despotic rulers to ]3ersecnte obnoxious persons is to delay trial for a great length of time, in order to subdue their will by long imprisonment. In this country such delays may cause difficulty in obtaining witnesses; and, if the 23erson is unable to procure bail, will also subject him to unjust imprisonment. For these reasons the Constitution promises persons accused of crime a speedy trial. Secret trials are another means of gratifying the desires of tryants, by bringing the objects of their dislikes within the reach of cruel punishments. Public trials, because open to the criticism of the community, insure fairness. The sixth amendment secures this privilege to the accused. X. An Impartial Jury. The jury must be selected from the State in which the crime is committed; and, if the State is divided into judicial districts, it must be from that particular district. In order to secure an impartial jury, either party in a suit may object to certain persons serving as jurors, on the ground that they are prejudiced or incompetent to 24:0 CIVIL GOVERNMENT OF THE UNITED STATES. serve. It is thouglit that a jury selected from the locality in which the accused person is known is more certain to give a fair and impartial decision. The right of trial at home among friends, where witnesses may be easily obtained, is also considered an important privilege. XI. ACCUSATION AND WITNESSES AGAINST THE Accused, it is the practice even now in certain countries to imprison persons for alleged crimes, and bring them to trial, without giving them any information of the charges against them, or of their accusers. The sixth aoiendment provides that every person charged with crime shall be informed of the charges against him, and be brought face to face with the wit- nesses for the prosecution. XII. Witnesses and Counsel for the Accused, it is the policy of our government to allow an accused person the privilege of making as full and comj^lete a defence for himself as lies in his power. The amendment under discussion pro- vides that, if the accused is not able to procure the attendance of witnesses in his favor, the court must compel them to attend and testify; and, if he is unable to employ counsel, the government must do so at its own expense. It was long the practice, both in England and France, to deny persons charged with grave offences the privilege of wit- nesses in their favor; and it was not until 1836, that persons in England were allowed the assistance of counsel, except in a few cases. XIII, Trial by Jury in Civil Cases. The trial by jury in criminal cases was considered of such importance that it was inserted in the body of the Constitution. But, when the people saw that this jealously-guarded right was not secured to them in civil cases, they insisted that amendment to that effect be made. The seventh amendment provides for its use in United States courts, in all suits where the value in contro- versy exceeds twenty dollars. This amendment further declares that a question once de- cided by a jury cannot again be examined, except by another AMENDMENTS TO THE CONSTITUTION. 241 jury, ou a new trial. By the rules of the common law, when a case was appealed to a higher court, this court had nothing to do with the decision of the jury in matters of fad, but had simply to decide whether an error of law had been committed. The clause giving the Supreme Court appellate jurisdiction, both as to law and fact, gave rise to fears that this court might have power to overtlirow the verdict of a jury. If appellate -courts had this power, trial by jury would be a mere form; therefore the amendment was added. 16 242 CIVIL GOVERNMENT OF THE UNITED STATES. AJVIENDJVIENTS TO THE CONSTITUTION. ARTICLE VIII. — Excessive Punishments. Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted, [Adopted 1791,] ARTICLE IX. — Rights Retained by the People. The enumeration in the Constitution of certain rights shall not be con- strued to deny or disparage others retained by the people, [Adopted 1791.] 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 reserved to the States respectively, or to the people. [Adopted 1791,] ARTICLE XL— Suits Against States. The judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by citizens of another State, or by citizens or subjects of any foreign State. [Adopted 1798,] ARTICLE XII.— (Given on page 176.) ARTICLE XIII. — Abolition of Slavery. 1. Neither slavery nor involuntary servitude, except as a punishment for crime, whereof the party shall have been duly convicted, shall exist within the United States or any place subject to their jurisdiction. 2. Congress shall have power to enforce this article by appropriate legislation. [Adopted 1865.] ARTICLE XIV; Section 1.— Civil Mights. 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. AMENDMENTS TO THE CONSTITUTION. 243 Section 2. — Apportionment of Representatives. Representatives shall be apportioned among the several States accord- ing to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed. But when the right to vote at any election for the choice of Electors for President and Vice-President of the United States, Representatives in Congress, the executive and judi- cial 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 repre- sentation 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. Section 3, — Political Disabilities. No person shall be a Senator or Representative in Congress, or Elector of President or 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 disability. Section 4. — Public Debt. The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned. But neither the United States nor any State shall ass-ume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for loss or emancipation of any slave; but all such debts, obligations and claims shall be held illegal and void. Section 5. — Power of Congress. The Congress shall have power to enforce, by appropriate legislation, the provisions of this article. [Adopted 1868.] ARTICLE XV.— Right of Suffrage. 1. The riffht of citizens of the United States to vote shall not be denied or abridged by the United States, or by any State, on account of race, color, or previous condition of servitude. 2. The Congress shall have power to enforce this article by appropriate legislation. [Adopted 1870.] 244: CIVIL GOYEENMEISTT OF THE UNITED STATES. I. Excessive Bail. The law jDresumes all men innocent until they are i:)roven guilty. Imprisoning persons before this proof has been made seems to be acting in contradiction of the theory. But this is necessary in order to protect society; and to do away with the injustice that may result, as far as possi- ble, the giving of bail is allowed. But the amount of bail may easily be fixed so high as to make it impossible for the accused to obtain such security. Kings have used this means for com- mitting innocent ^^ersons to prison and keeping them there for long periods of time. The United States courts are prevented from doing this by the eighth amendment. When the crime is one punishable by death or life-long im- prisonment, bail is not usually allowed; but in such cases, where the proof of guilt is slight, it is sometimes done. II. Excessive Fines and Cruel Punishments. The history of many nations is blotted with the records of the ter- rible punishments inflicted on condemned persons. The tyrants of the dark ages and the judges who were their instru- ments, resorted to every kind of punishment that could be de- vised; enormous fines were im^oosed for slight offences, and families reduced to poverty; machines of the most inhuman torture were invented and used; and the measure of the despot's delight seemed to be in proportion to the suffering of his victims. The people made sure, by the eighth amendment, that there should be nothing of this kind in the United States courts of justice. III. Eights of the People. There were some who feared that, because certain rights of the people were enumer- ated in the Constitution, those not mentioned might be con- sidered as denied the people, or given over to the General Government. To prevent such misconstruction the ninth amendment was added. lY. Powers Reserved to the States. The constant fear felt by many that the National Government would assume powers which had not been given it, and which rightfully be- longed to the States, led the peoj^le to demand the additional safeguard of the tenth amendment. AMENDMENTS TO THE CONSTITUTION. 245 Y. Suits Against States. After the adoption of the Constitution, many private individuals brought suits against certain States to enforce the payment of bills of credit, which those States had issued and failed to redeem. The Supreme / Court decided that this could be done under the judicial clause, which gives the United States courts jurisdiction in cases between a State and citizens of another State, and in cases be- tween a State and citizens or subjects of a foreign state. The people were greatly dissatisfied that a State government could be controlled by private persons; for which reason the eleventh .amendment was added, forbidding the United States courts to entertain suits brought against a State by citizens of another State, or by citizens or subjects of a foreign state. As no State court can entertain any suit against another State, and as no State government can be sued by its own citi- zens, it is impossible for any private person to sue a State. This has proved an unfortunate provision, for several of the States have repudiated their debts, because the private individ- uals who held their bonds could not compel payment. YI. Cause of the Civil War. The difi'erences in re- gard to the question of slavery, which had disturbed the delib- erations of the Constitutional Convention, as time passed, con- tinued to increase in strength. Congress was repeatedly stirred by bitter controversies over subjects involving this question. As the country grew larger, and the population increased, the subject of African labor became a National problem; whether States should be admitted as slave or free States, and whether slavery should be extended to the territories, absorbed the atten- tion of the ]!!^ation. In 1820 the Missouri Compromise Bill was passed, which pro- vided that, in consideration of the admission of Missouri as a slave State, slavery should forever be prohibited in all the re- maining territories north of latitude 36^ degrees, which was the southern boundary of that State. In 1854 the Kansas-Xebraska bill passed, which organized these two territories, and repealed the prohibition contained in the Missouri Compromise BilL As soon as the bill took effect, two unfriendly populations began to pour into Kansas, those 246 CIVIL GOVERNMENT OF THE UNITED STATES. from. the North being determined to make it a free State, those from the South being equally determined the other way. Con- gress and the whole people besides were drawn into the bitter controversy which only subsided when Kansas was admitted as a free State in 1861. In 1860 the Kepublican party, which was the one opposed to further extension of slavery, succeeded in electing their candidate for President, Abraham Lincoln. Then the troubles which had stirred the country so many years assumed alarming proportions; the Southern States began to withdraw themselves from the Union and attempt the formation of a Southern Con- federacy. This brought the country face to face with a prob- lem requiring immediate solution, whether the States were supreme over the Nation, or the Nation over the States; whether we were merely a league of independent governments, from which any State could withdraw at pleasure, or whether we were one Nation. It took four years of war to settle this question; but it was then decisively settled. Thus, although the question of slavely gave rise to the troubles which precipitated the Civil War, the real question over which this war was fought was that of the supremacy of the National Government. VII. Result of the CIYIL War. The thirteenth, four- teenth and fifteenth amendments are the result of the Civil War, and finally dispose of all matters relating to slavery in this country. They are alike binding on the States and the Nation. 1. Abolition of Slavery. — At the beginning of the war it was not the purpose of the government to interfere with slavery in those States where it already existed. President Lincoln, in his inaugural address, had declared that he had no such inten- tion, nor believed that he had the right to do so. But it soon became apparent that the Nation could not exist half slave and half free; and, on the first day of January, 1863, President Lincoln issued his Emancipation Proclamation. Whether this legally freed the slaves or not is a matter of no importance, for in 1865 the adoption of the thirteenth amendment accom- plished their freedom beyond question. AMENDMENTS TO THE CONSTITUTION. 2^7 2. Civil Rigiits. Altliongh the Xegro was no lono-er t>' a slave, he did not possess the civil rights of citizens of this country. The States might deny him the privilege of buying and selling and holding property, of engaging in trade, and similar privileges; and so the first clause of the fourteenth amendment made liim a citizen of the United States, with all the civil rights of others. This gave more than 4,000,000 ad- ditional citizens to the United States. 3. Apportionment of Representatives. These new citi- zens must be represented in the lower house of Congress. But it was feared that some States might not give the Negro the right to vote, and he would thus not be represented directly, while the white population of these States would increase their representation accordingly. For this reason the second clause of this amendment provides that, if any State denies the right of suffrage to any of its members who are male citizens of the United States, twenty-one years of age, its representation in the House shall be decreased in the same proportion. 4. Political Disabilities. — The third clause of this amend- ment denies the privilege of holding office to all such as, having once taken the oath to support the Constitution, have afterward broken it by aiding in rebellion against the United States. But it also gives Congress the power to remove such dis- ability, and this has been done in all but a few exceptional cases. 5. National Debt. — The fourth clause provides against any attempt to repudiate the National debt; and forbids the pay- ment of debts incurred in rebellion against the United States, or of claims for loss or emancipation of slaves. The heavy debts incurred by the Southern States in the Civil ^Yar were thus made void. 6. Kiglit of Suffrag-e. — Previous to 1870 the States had had full power in regulating the qualifications of their voters. In that year the fifteenth amendment was adopted, which placed the one restriction upon their power. Neither they nor the United States can refuse the right of franchise to any per- son because he is black, or has been a slave, or belongs to any particular race. By this provision the last step was taken which made the black man the political equal of his white fellow-man. 248 CIVIL GOVEKNMENT OF THE UNITED STATES. Af>f»kndix. DKCIvARATlON OK IIMDKPENIDENCE. IN CONGRESS, JULY 4, 1776. The Unanimous Declaration of the Thirteen United States of America. When, in the course of human events, it becomes necessary for one people to dissolve the political bands which have connected them with another, and to assume, among the powers of the earth, the separate and equal station to which the laws of nature and of nature's God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation. We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable rights, that among these are life, liberty, and the pursuit of happiness. That, to secure these rights, governments are instituted among men, deriving their just powers from the consent of the governed; that, whenever any form of government becomes destructive of these ends, it is the rigiii of the people to alter or to abolish it, and to institute a new government ^ laying its foundations on such principles, and organizing its powers in such form as to them shall seem most likely to effect their safety and happiness. Prudence, indeed, will dictate that governments long estab- lished should not be changed for light and transient causes; and accord- ingly all experience hath shown that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same object, evinces a design to reduce them under absolute despotism, it is their right, it is their duty, to throw off such government, and to provide new guards for their future security. Such has been the patient sufferance of these colonies, and such is now the necessity which constrains them to alter their former systems of government. The history of the present king of Great Britain is a his- tory of repeated injuries and usurpations, all having in direct object the establishment of an absolute tyranny over these States. To prove this, let facts be submitted to a candid world : He has refused his assent to laws the most wholesome and necessary for the public good. DECLARATION OF INDEPENDENCE. 24^ He has forbidden his governors to pass laws of immediate and pressing importance, unless suspended in their operation till his assent should be obtained; and, when so suspended, he has utterly neglected to attend to them. He has refused to pass other laws for the accommodation of large dis- tricts of people, unless those people would relinquish the right of repre- sentation in the legislature, a right inestimable to them, and formidable to tyrants only. He has called together legislative bodies at places unusual, uncom- fortable and distant from the depository of their public records, for the sole purpose of fatiguing them into compliance with his measures. He has dissolved representative houses repeatedly, for opposing with manly firmness his invasions on tlie rights of the people. He has refused for a long time, after such dissolutions, to cause others to be elected; whereby the legislative powers, incapable of annihilation, have returned to the people at large for their exercise; the State remain- ing, in the meantime, exposed to all the dangers of invasions from with- out, and convulsions within. He has endeavored to prevent the population of these States; for that purpose obstructing the laws for the naturalization of foreigners; refusing to pass others to encourage their migrations hither, and raising the con- ditions of new appropriations of lands. He has obstructed the administration of justice, by refusing his assent to laws for establishing judiciary powers. He has made judges dependent on his will alone, for the tenure of their offices, and the amount and payment of their salaries. He has erected a multitude of new offices, and sent hither swarms of officers to harrass our people, and eat out their substance. He has kept among us, in times of peace, standing armies, without the consent of our legislatures. He has affected to render the military independent of and superior to the civil power. He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his assent to their acts of pretended legislations: For quartering large bodies of armed troops among us; For protecting them, by a mock trial, from punishment for any mur- ders which they should commit on the inhabitants of these States; For cutting off our trade with all parts of the world; For imposing taxes on us without our consent; For depriving us, in many cases, of the benefit of trial by jury; For transporting us beyond seas to be tried for pretended offences; For abolishing the free system of English laws in a neighboring province, establishing therein an arbitrary government, and enlarging its boundaries, so as to render it at once an example and fit instrument for introducing the same absolute rule into these colonies; 250 CIVIL GOVEKNMENT OF THE UNITED STATES. For taking away our charters, abolishing our most valuable laws, and altering fundamentally the forms of our governments; For suspending our own legislatures, and declaring themselves invested with power to legislate for us in all cases whatsoever. He has abdicated government here, by declaring us out of his protec- tion, and waging war against us. He has plundered our seas, ravaged our coasts, burned our towns, and destroyed the lives of our people. He is, at this time, transporting large armies of foreign mercenaries to complete the works of death, desolation and tyranny, already begun with circumstances of cruelty and perfidy scarcely paralleled in the most bar- barous ages, and totally unworthy the head of a civilized nation. He has constrained our fellow-citizens, taken captive on the high seas, to bear arms against their country, to become the executioners of their friends and brethren, or to fall themselves by their hands. He has excited domestic insurrection among us, and has endeavored to bring on the inhabitants of our frontiers the merciless Indian savages, whose known rule of warfare is an undistinguished destruction of all ages, sexes and conditions. In every stage of these oppressions we have petitioned for redress in the most humble terms; our repeated petitions have been answered only by repeated injury. A prince whose character is thus marked by every act which may define a tyrant, is unfit to be the ruler of a free people. APPENDIX. 251 APPENDIX 11. THE ORDINANCE OF 1787. An Ordinance for the Government of tfe Territory of the United States Northwest of the River Ohio. Be it ordained by the United States in Congress assembled. That the said territoiy, for the purposes of temporary government, be one district, subject, however, to be divided into two districts, as future circumstances may, in the opinion of Congress, make it expedient. Be it ordained by the authority aforesaid, That the estates, both of resi^ dent and non-resident proprietors in the said district, dying intestate, shall descend to, and be distributed among, their children, and the descendants of a deceased child, in equal parts; the descendants of a ■deceased child or grandchild to take the share of their deceased parent in equal parts among them: And where there shall be no children or de- scendants, then in equal parts to the next of kin in equal degree; and, among collaterals, the children of a deceased brother or sister of the intestate shall have, in equal parts among them, their deceased parents' share; and there shall, in no case, be a distinction between kindred of the whole and half-blood; saving, in all cases, to the widow of the intestate lier third part of the real estate for life, and one-third part of the personal estate; and this law, relative to descents and dower, shall remain in full force until altered by the legislature of the district. And, until the governor and judges shall adopt laws as hereinafter mentioned, estates in the said territory may be devised or bequeathed by wills in writing, signed and sealed by him or her, in whom the estate may be (being of full age), and attested by three witnesses ; and real estates may be con- veyed by lease and release, or bargain and sale, signed, sealed, and delivered by the person, being of full age, in whom the estate may be, and attested by two witnesses, provided such wills be duly proved, and such conveyances be acknowledged, or the execution thereof duly proved, and be recorded within one year after proper magistrates, courts, and registers shall be appointed for that purpose; and personal property may be transferred by delivery; saving, however, to the French and Canadian inhabitants, and other settlers of the Kaskaskias, St. Vincents, and the neiffhboring villages who have heretofore professed themselves citizens of Virginia, their laws and customs now in force among them, relative to the descent and conveyance of property. 252 APPENDIX. Be it ordained by the authority aforesaid. That there shall be appointed from time to time, by Congress, a governor, whose commission shall con- tinue in force for the term of three years, unless sooner revoked by Congress; he shall reside in the district, and have a freehold estate therein in 1000 acres of land, while in the exercise of his office. There shall be appointed from time to time, by Congress, a secretary, whose commission shall continue in force for four years unless sooner revoked; he shall reside in the district, and have a freehold estate therein in 500 acres of land, while in the exercise of his office; it shall be his duty to keep and preserve the acts and laws passed by the legislature, and the public records of the district, and the proceedings of the governor' in his Executive department; and transmit authentic copies of such acts and proceedings, every six months, to the Secretary of Congress. There shall also be appointed a court to consist of three judges, any two of whom to form a court, who shall have a common law jurisdiction, and reside in the district, and have each therein a freehold estate in 500 acres of land while in the exercise of their offices; and their commissions shall continue in force during good behavior. The governor and judges, or a majority of them, shall adopt and publish in the district such laws of the original States, criminal and civil, as may be necessary and best suited to the circumstances of the district, and report them to Congress from time to time: which laws shall be in force in the district until the organization of the General Assembly therein, unless disapproved of by Congress; but, afterwards, the legisla- ture shall have authority to alter them as they shall think fit. The governor, for the time being, shall be commander-in-chief of the militia, appoint and commission all officers in the same below the rank of general officers; all general officers shall be appointed and commis- sioned by Congress. Previous to the organization of the G-eneral Assembly, the governor shall appoint such magistrates and other civil officers, in each county or township, as he shall find necessary for the preservation of the peace and good order in the same: After the General Assembly shall be organized, the powers and duties of the magistrates and other civil officers, shall be regulated and defined by the said assembly; but all magistrates and other civil officers, not herein otherwise directed, shall, during the continuance of this temporary government, be appointed by the governor. For the prevention of crimes and injuries, the laws to be adopted or made shall have force in all parts of the district, and for the execution of process, criminal and civil, the governor shall make proper divisions thereof; and he shall proceed, from time to time, as circumstances may require, to lay out the parts of the district in which the Indian titles shall have been extinguished, into counties and townships, subject, however, to such alterations as may thereafter be made by the legislature. APPENDIX. 253 So soon as there shall be 5000 free male inhabitants of full age in the district, upon giving proof thereof to the governor, they shall receive authority, vrith time and place, to elect representatives from their counties or townships to represent them in the General Assembly: Provided, That for every 500 free male inhabitants, there shall be one representative, and so on progressively with the number of free male inhabitants, shall the right of representation increase, until the number of representatives shall amount to 25; after which, the number and proportion of represen- tatives shall be regulated by the legislature: Provided, That no person be eligible or qualified to act as a representative unless he shall have been a citizen of one of the United States three years, and be a resident in the district, or unless he shall have resided in the district three years; and, in either case shall likewise hold in his own right, in fee simple, 200 acres of land within the same: Provided, also. That a freehold in 50 acres of land in the district, having been a citizen of one of the States, and being a resident in the district, or the like freehold and two years residence in the district, shall be necessary to qualify a man as an elector of a representa- tive. The representatives thus elected, shall serve for the term of two years. and, in case of the death of a representative, or removal from office, the governor shall issue a writ to th^ county or township for which he was a member, to elect another in his stead, to serve for the residue of his term. The General Assembly, or Legislature shall consist of the governor, legislative council, and a house of representatives. The legislative coun- cil shall consist of five members, to continue in office five years, unless sooner removed by Congress; any three of whom to be a quorum; and the. members of the council shall be nominated and appointed in the follow- ing manner, to wit: As soon as representatives shall be elected, the governor shall appoint a time and place for them to meet together; and, when met they shall nominate ten persons, residents in the district, and each possessed of a freehold in 500 acres of land, and return their names to Congress; five of whom Congress shall appoint and commission to serve as aforesaid; and, whenever a vacancy shall happen in the council, by death or removal from office, the house of representatives shall nominate two persons, qualified as aforesaid, for each vacancy, and return their names to Congress ; one of whom Congress shall appoint and com- mission for the residue of the term. And every five years, four months at least before the expiration of. the time of service of the members of council, the said house shall nominate ten persons, qualified as aforesaid, and return their names to Congress; five of whom Congress shall appoint and commission to serve as members of the council five years, unless sooner removed. And the governor, legislative council, and house of representatives, shall have authority to make laws in all cases, for the good government of the district, not repugnant to the principles and 25-i APPENDIX. articles in this ordinance established and declared. And all bills, having- passed by a majority in the house, and by a majority in the council, shall be referred to the governor for his assent; but no bill, or legislative act whatever, shall be of any force without his assent. The governor shall have power to convene, prorogue, and dissolve the General Assembly,, when in his opinion it shall be expedient. The governor, judges, legislative council, secretary and such other officers as Congress shall appoint in the district, shall take an oath or affirmation of fidelity and of office; the governor before the President of Congress, and all other officers before the governor. As soon as a legis- lature shall be formed in the district, the council and house assembled in one room, shall have authority, by joint ballot, to elect a delegate to Con- gress, who shall have a seat in Congress, with a right of debating but not of voting during this temporary government. And, for extending the fundamental principles of civil and religious liberty, which form the basis whereon these republics, their laws and constitutions are erected; to fix and establish those principles as the basis- of all laws, constitutions, and governments, which forever hereafter shall be formed in the said territory : to provide also for the establishment of States, and permanent government therein, and for their admission to a share in the federal councils on an equal footing with the original States, at as early periods as may be consistent with the general interest: It is hereby ordained and declared hy the authority aforesaid, That the following articles shall be considered as articles of compact between the original States and the people and States in said territory and forever remain unalterable, unless by common consent, to wit: Art. 1st. No person, demeaning himself in a peaceable and orderly manner, shall ever be molested on account of his mode of worship or religious sentiments, in the said territory. Art. 2d. The inhabitants of the said territory shall always be entitled to the benefits of the writ of habeas corpus, and of the trial by jury; of a proportionate representation of the people in the legislature; and of judical proceedings according to the course of the common law. All persons shall be bailable, unless for capital offences, where the proof shall be evident or the presumption great. All fines shall be moderate, and no cruel or unusual punishments shall be inflicted. No man shall be deprived of his liberty or property, but by the judgment of his peers or the law of the land; and, should the public exigencies make it necessary, for the common preservation, to take any person's property, or to demand his particular services, full compensation shall be made for the same. And, in the just preservation of rights and property, it is understood and declared, that no law ought ever to be made, or have force -in the said territory, that shall, in any manner whatever, interfere with or affect private contracts or engagements, bona fide, and without fraud, previ ously formed. APPENDIX. 255 Art. 3d. Religion, morality, and knowledge, being necessary to good government and the happiness of mankind, schools, and the means of education shall forever be encouraged. The utmost good faith shall always be observed towards the Injiians; their lands and property shall never be taken from them without their consent; and, in their property, rights, and liberty, they shall never be invaded or disturbed, unless in just and lawful wars authorized by Congress; but laws founded in justice and humanity, shall, from time to time, be made for preventing wrongs being done to them, and for preserving peace and friendship with them. Art. 4th. The said territory, and the States which may be formed therein, shall forever remain a part of this confederacy of the United States of America, subject to the Articles of Confederation, and to such alterations therein as shall be constitutionally made; and to all the acts and ordinances of the United States in Congress assembled, conformable thereto. The inhabitants and settlers in the said territory shall be subject to pay a part of the federal debts contracted or to be contracted, and a proportional part of the expenses of government, to be apportioned on them by Congress according to the same common rule and measure by which apportionments thereof shall be made on the other States; and the taxes, for paying their proportion, shall be laid and levied by the authority and direction of the legislatures of the district or districts, or new States, as in the original States, within the time agreed upon by the United States in Congress assembled. The legislatures of those districts or new States, shall never interfere with the primary disposal of the soil by the United States in Congress assembled, nor with any regulations Congress may find necessary for securing the title in such soil to the bona fide purchasers. No tax shall be imposed on lands the property of the United States; and, in no case, shall non-resident proprietors be taxed higher than residents. The navigable waters leading into the Mississippi and St. Lawrence, and the carrying places between the same, shall be common highways, and forever free, as well to the inhabitants of the said territory as to the citizens of the United States, and those of any other States that may be admitted into the Confederacy, without any tax, im- post, or duty therefor. Art. 5th. There shall be formed in the said territory, not less than three nor more than five States; and the boundaries of the States, as soon as Virginia shall alter her act of cession, and consent to the same, shall become fixed and established as follows, to wit: The Western State in the said territory, shall be bounded by the Mississippi, the Ohio, and Wabash rivers; a direct line drawn from the Wabash and Post St. Vin- cent's, due North, to the territorial line between the United States and Canada; and, by the said territorial line, to the Lake of the Woods and Mississippi. The middle State shall be bounded by the said direct line, the Wabash from Post Vincent's, to the Ohio; by the Ohio, by a direct line, drawn due North from the mouth of the Great Miami, to the said 256 APPENDIX. territorial line, and by the said territorial line. The Eastern State shall be bounded by the last mentioned direct line, the Ohio, Pennsylvania, and the said territorial line: Provided, Jwwever, and it is further understood and declared, that the boundaries of these three States shall be subject so far to be altered, that, if Congress shall hereafter find it expedient, they shall have authority to form one or tvro States in that part of the said ter- ritory which lies North of an East and West line drawn through the Southerly bend or extreme of lake Michigan. And, whenever any of the said States shall have 60,000 free inhabitants therein, sucli State shall be admitted, by its delegates, into the Congress of the United States, on an equal footing with the original States in all respects whatever, and shall be at liberty to form a permanent constitution and State government : Provided, the constitution and government so to be formed, shall be republican, and in conformity to the principles contained in these arti- cles; and, so far as it can be consistent with the general interest of the confederacy, such admission shall be allowed at an earlier period, and when there may be a less number of free inhabitants in the State than 60,000. Art. 6th. There shall be neither slavery nor involuntary servitude in the said territory, otherwise than in the punishment of crimes, whereof the party shall have been duly convicted: Provided, always, That any person escaping into the same, from whom labor or service is lawfully claimed in any one of the original States, such fugitive may be lawfully reclaimed and conveyed to the person claiming his or her labor or service as aforesaid. Be it ordained by the authority aforesaid, That the resolutions of the 23d of April, 1784, relative to the subject of this ordinance, be, and the same are hereby, repealed and declared null and void. Done by the United States in Congress assembled, the 13th day of July, in the year of our Lord, 1787, and of their sovereignty and independ- ence the twelfth. " One of the most momentous acts of the Continental Congress," says fiigginson, "had been to receive from the State of Virginia the gift of a vast unsettled territory northwest of the Ohio, and to apply to this wide realm the guarantee of freedom from slavery. This safeguard was but the fulfilment of a condition suggested by Timothy Pickering, when, in 1783, General Rufus Putnam and nearly three hundred army officers had pro- posed to form a new State in that very region of the Ohio. They sent in a memorial to Congress asking for a grant of land. Washington heartily endorsed the project, but nothing came of it. North Carolina soon after made a cession of land to the United States, and then revoked it; but the people on the ceded territory declared themselves for a time to be a separate state under the name of Franklin. Virginia, through Thomas Jefferson, finally delivered a deed on March 1, 1784, by which she ceded APPENDIX. 257 to the United States all lier territory northwest of the Ohio. The great gift was accepted, and a plan of government was adopted and passed by a vote of every state then present in the Congress, eight in all. Under this statute the Ohio company, organized in Boston the year before as the final outcome of Rufus Putnam's proposed colony of officers, bought from the government five or six millions of acres, and entered on the first great movement of emigration west of the Ohio. The report creating the colony provided for public schools, for religious institutions and for a university. The land was to be paid for in United States certificates of debt, and its price in specie was between eight and nine cents an acre. The settlers were almost wholly men who had served in the army, and were used to organization and discipline. The Indian title to the lands of the proposed settlement had been released by treaty. It was hailed by all as a great step in the national existence, although it was a far greater step than any one yet dreamed." While the convention which framed the National Constitution was sitting in Philadelphia, the Continental Congress was holding its session in New York. On July 11, 1787, it adopted this Ordinance, which has, with justice, been pronounced second only to the crowning act of the Convention at Philadelphia. The original of this act was the Ordinance of 1784 for the government of the Northwest Territory, which remained in force three years and was then superseded by the Ordinance of 1787. The former Ordinance was drawn up by Jefferson as chairman of the com- mittee appointed by Congress to present a plan for the government of the territory. The draught of the committee's report in Jefferson's hand- writing is preserved in the archives of the State Department at Washing- ton. " It is," says Bancroft, "as completely Jefferson's own work as the Declaration of Independence." The most important clause, that which was to have the greatest influ- ence in moulding the future of the infant nation, was the last, that which forever prohibits slavery in this territory. The original draught of the Ordinance of 1784 contained this article: "That after the year 1800 of the Christian era there shall be neither slavery nor involuntary servitude in any of the said States, otherwise than in punishment of crimes, whereof the party shall have been duly con- victed to have been personally guilty." Jefferson worked with the greatest earnestness to secure the passage of this anti-slavery clause, but it was lost by a single vote. " The voice of a single individual," said he, "would have prevented this abominable crime. Heaven will not always be silent; the friends of the rights of human nature will in the end prevail." In the Ordinance of 1787 these words were verified. Slavery was not to pollute these great States of the Northwest. "Here," says Mr. Hoar, "was the first human government under which absolute civil and religious liberty has always prevailed. Here no 258 APPENDIX. witch was ever hanged or burned. Here no heretic was ever molested Here no slave was ever born or dwelt. When older states or nations, where the chains of human bondage have been broken, shall utter the proud boast, 'With a great sum obtained I this freedom,' each sister of this imperial group— Ohio, Michigan, Indiana, Illinois, Wisconsin— may lift her queenly head with the yet prouder answer, ' But I was free-born. ' " "It fixed forever," said Webster, " the character of the population in. the vast regions northwest of the Ohio by excluding from them involun- tary servitude. It impressed on the soil itself, while it was yet a wilder- ness, an incapacity to sustain any other than freemen. It laid the interdict against personal servitude in original compact, not only deeper than all local law, but deeper, also, than all local constitutions. We are accustomed to praise the lawgivers of antiquity; we help to perpetuate the fame of Solon and Lycurgus; but I doubt whether one single law of any lawgiver, ancient or modern, has produced effects of more distinct, marked and lasting character than the Ordinance of 1787." " The Ordinance of 1787 belongs with the Declaration of Independence and the Constitution. It is one of the three title deeds of American con- stitutional liberty. As the American youth for uncounted centuries shall visit the capital of his country — strongest, richest, freest, happiest of the nations of the earth — from the stormy coast of New England, from the luxuriant regions of the Gulf, from the lakes, from the prairie and the plain, from the Golden Gate, from far Alaska — he will admire the evidences of its grandeur and the monuments of its historic glory. He will find there rich libraries and vast museums and great cabinets, which show the product of that matchless inventive genius of America, which has multiplied a thousand fold the wealth and comfort of human life. He will see the simple and modest portal through which the great line of the Republic's chief magistrates have passed at the call of their country to assume an honor surpassing that of emperors and kings, and through which they have returned, in obedience to her laws, to take their place again as equals in the ranks of their fellow-citizens. He will stand by the matchless obelisk which, loftiest of human structures, is itself but the imperfect type of the loftiest of human characters. He will gaze upon the marble splendors of the capitol, in whose chambers are enacted the statutes under which the people of a continent dwell together in peace, and the judgments are rendered which keep the forces of state and nation alike within their appointed bounds. He will look upon the record of great wars and the statues of great commanders. But if he knew his country's history, and considered wisely the sources of her glory, there is nothing in all these which will so stir his heart as two faded and time-soiled papers, whose characters were traced by the hand of the fathers a hundred years ago. They are the original records of the acts which devoted this nation forever to equality, to education, to re- ligion, and to liberty. © One is the Declaration of Independence, the other the Ordinance of 1787." APPE]STDIX III. STATE GOVERNMENTS, 259 260 STATE ELECTIONS. SXATTK GOVERNMENTTS. SXAXK KIvKCTIONS. It < DIVISIONS. QUALIFICATIONS FOR Note.— In nearly all the States the rig-ht to vote at general elec- tions is restricted to males of 21 or more years. (See exceptions, on page 44.) STATE. o5 .2 a 3 5 to iS o'S-52 O Q As to Citizenship. Previous Residence Required. In State. In County. In Town. In Precinct. Alabama, Akkansas, California, 1875 1874 1879 1876. 1818 1897 1886 1877 1889 1870 1851 1857 1859 66 75 53 56 8 3 45 137 21 102 92 99 105 9 6 ■7 2 4 1 2 11 1 22 13 11 8 Citizen of United States, or alien who has de- clared intention. Citizen of United States, or alien who has de- clared intention. Citizen by nativity, nat- uralization or treaty of Queretaro. Citizen or alien who has declared intention 4 mos. previous to of- fering to vote. Citizen of United States, good moral character, and able to read any article of Constitution or Statutes. Citizen and paying regis- tration fee of $1.00. Citizen of United States, or alien who has de- clared intention. Citizen of United States. Citizen of United States. Citizen of United States. Citizen of United States, or alien who has de- clared intention and resided 1 year in U. S. and 6 mos. in State. Citizen of United States. Citizen of United States, or alien who has de- clared intention. 1 year. 1 year. 1 year. 6 mos. 1 year. 1 year. 1 year. 1 year. 6 mos. 1 year. 6 mos. 6 mos. 6 mos. 3 mos. 6 mos. 90 days. 90 days. 30 day's. 1 month. 30 days. 10 days. Connecticut, 6 mos. Delaware, 1 mo. 6 mos. 6 mos. 30 days. 90 days. Actual Florida, residence reqiiired. Actual Georgia, residence required. Idaho, Illinois, 30 days. Indiana, 60 days. 30 days. Iowa, 60 days. Actual Kansas, residence required. 30 days. APPENDIX. statte: govbrnmknxs. 261 VOTING. Persons Denied the Rig-ht of Suffrage. ■ Convicted of treason or other crime punishable by impris- onment; idiots and lunatics. Idiots, insane, convicted of fel- ony, until pardoned; persons not having- paid a poll tax for same year. Chinese: idiots; insane; con- victed of infamous crime. Convicted of felony and unre- stored to citizenship. Convicted of bribery, forg-ery, theft, duelling- or other of- fense for which infamous punishment is intlicted. Idiots; insane; paupers; and felons. Insane; under guardianship; criminals; sending-, bringing-, or accepting duelling chal- lenge. Idiots; insane; convicted of treason against State or crime punishable by impris- onment: nonpayers of taxes since 1877. Idiots: insane: under guard- ianship; bribers at election; those convicted of crime not restored to citizenship. Convicted of crime punishable in penitentiary until par- doDCii and restored to rights; bribery at elections. Convicted of crime and dis- franchised by judgment of the Court. Idiots: insane; convicted of in- famous crime; United States soldiers and mai'ines, not bona Jide residents. Idiots; insane; convicts; rebels. ELECTIONS. Registration. Required. Prohibited by constitutional provision. Required. Required. Required. Required. Required. Required. Required. Required.* Not required. Required in all cities. Required in all cities of th;^ first and sec- ond class. Time of. First Monday in August. First' Tuesday after first 31 o n d a y in ""November. Tuesday after first Monday in November. Tuesday after first Monday in November. Tuesday after first Monday in November. Tuesday after first Monday in November Tuesday after first Monday in November. First Wednes- day in Oc- tober. Tuesday after first Monday in November. Tuesday after first Monday in November. Tuesday after first Monday in November. Tuesday after first Monday in November. Ho-5v Decided. Tuesday after By plurality." first Monday in November. By majority. By plurality. By plurality. By majority. State officers by majority. By plurality. By plurality. By majoi-ity. By plurality. By plurality. By .plurality. By plui-alitj'. How Made. By ballot. By ballot. By ballot. By ballot. By ballot. By ballot. By ballot. By ballot. By ballot. By ballot. By ballot. By ballot. By ballot. STATE CENSUS. Not required un- less tliere is a failure by Fed- ei-al governm't. Not required. Only school cen- sus taken, and that every year. Every ten years. No State provis- ion regarding a State census. Not required. Every ten years. Not required. Latest TJ. S. cen- sus. Not required. Not required. E\'ery ten years. Annually. * But. excepting a few cities, a legal voter not registered may vote, upon filing an affidavit by himself and another known legal voter that he is a qualified voter and has not already voted. 262 APPENDIX. STATE. Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraskla, Nevada, New Hampshire, New Jersey, New York, "6 c 68 APPENDIX. STATE. Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, NAME. Legisla- ture. General Assembly, General Assembly. Legisla- ture. General Assembly. General Court. Legisla- ture. Legisla- ture. Legisla- ture. General Assembly, Legisla- tive Assembly. Legisla- ture. Legisla- ture. General Court. Legisla- ture. THE STATE SENATE. 1^ 40 36 31 26 40 32 63 34 24 33 15 24 21 4 yrs. 4 yrs. 4 yrs. :yrs. 4 yrs, 1 yr. 2 yrs. 4 yrs. 4 yrs 4 yrs. Qualifications of Senators. 4 yrs. 2 yrs. 4 yrs. yrs. 3 yrs. Qualified voter and resident of County or District. Age, 30 years. Resident of State 6 yrs. next preceding election, and the last year there- of a resident of District. Age, 2.5 years. Elector who has been a res- ident of State 5 yrs. and a resident of District or Parish 2 yrs. next preceding election. Age, 25 .yrs. Citizen of United States 5 yrs. Resident of State 1 yr. and resident of Town or District 3 mos. next preced- ing election. Age, 25 yrs. Citizen of United States. Res- ident of State 3 yrs. next preceding elec- tion, and of County 1 yr. next preceding election. Resident of State 5 yrs. next preceding elec- tion and District at time of election. Citizen of United States and qualified elector. Qualified voter. Resident of State 1 yr. and of District 6 mos. next preceding election. Age, 25 yrs. Resident of State 1 yr. and actual resident of District. Does not deny existence of Supreme Being. Age, 30 yrs. Male citizen of United States. Been qualified voter of State 3 yrs. and inhabitant of District 1 yr. next preceding election. Have paid a State and County tax within year next preceding election. Salary. $3 per day; must not exc'd $150 per sess'n; mileage. $5 per diem and mile- age. S4 per day. $150. i8 per da. for presiding oflScer; $5 for others; mileage Quorum. $750. ^3 per day and mile- age. per day. $400forreg. session; $5 per da. for sp. sess'n. $5 per day. Majority. Majority, Majority. Majority. Majority. Majority of members. Majority. Majority. Majority. Majority. Age, 24 yrs. Citizen of United States. Res- $6 per day ident of County or District 12 mos. next and mile preceding election. age. Qualified elector. Resident of District 1 yr. next preceding election. Qualified elector of County and District. Age, 30 yrs. Inhabitant of State 7 yrs. next preceding election, and inhabitant of Dis- trict at time of election. Age, 30 yrs. Voter and resident of State 4 yrs. and County 1 yr. next preceding elec- tion. 55 per day and mile- age. $8 per day; not to ex- ceed 50 days. Presiding officer, $250; oth- ers, $200; mileage. $500 per an- num; pres- ident, y^ extra. Majority. Majority. Majority. 13 Members. Majority'. TFIK STATE LEGISLATURE. 269 THE LOWER HOUSE. Name. 5E House of Repre- senta- tives. House of Repre- senta- tives. 110 !00 House of Repre- senta- tives. House of Repre seuta- tives. House of Delegra- tes. House of Repre- senta- tives. House of Repre senta tives. 151 91 J40 Ex: Qualiflcations of Members, 2 yrs. Same as Senator. 3 JTS. Ag'e24vrs. Citizen of LTnited States. Resident of Stated yrs. next preceding' elec tiou,* and of county, town or city the last yr. thereof. No provision concerning- age, otherwise same as Senator. House .of Repre- senta- tives. House of Repre- senta- tives. House of Repre- senta- tives. House of Repre- senta- tives. House of Repre- senta- tiyes. Assem- bly. 100 119 13-3 140 68 House of Repre- senta- tives. General Assem- bly. 100 30 360 60 4 yrs. 2 yrs. 2 yrs. lyr. 3 yrs. 2 yrs. 4 yrs, JTS. yrs. 2 yrs. yrs. yrs. 1 yr. Agre 21 yrs. Other qualifi- cations same as Senator. Ag-e21yrs. Otherwisesame as Senator. Resident 1 yr. ne.\t preced- ing- election. Same as Senator. Same as Senator. Qualified elector. Actual resident of district, and does not denj' existence of Supreme Being-. Apre 24 yrs. Male citizen of United States. . Qualified voter of State 2 yrs. and in- habitant of County or Dis trict 1 yr. next precedinf elect'n. Have paid a State and County tnx witMn yr next preceding election. Age 21 yrs. Otherwisesame as Senator. Same as Senator. Same as Senator. Inhabitant of State 2 yrs. next preceding his elec- tion, and inhabitant of Town or District at time of election. Voter of 21 yrs. Citizen and resident of State 2 yrs. and of County 1 yr. ne.xt preceding election. Salary. Same as Senator. Same as Senator. Same as Senator. Same as Senator. Same. as Senator. Same as Senator. Same as Senator, Same. as Senator. Same , as Senator. Same as Senator. Same as Senator. Same as Senator. Same as Senator. Same as Senator. Same as Senator. Quor- um. Ma- jority. Ma- jority. Ma- jority. Ma- jority. Ma- jority. MEETING. Biennial; second Tuesday of January. Biennial; last Monday of December. Biennial; second Monday of May. Biennial; first Wednesday of January. Biennial; first Wednesday of January. LENGTH OF SESSION. Maj. of A n )i u a 1 ; first mem- Wednesday of January. bcrs. Ma- jority. Ma- jority. Ma- jority, Ma- jority. Ma- jority. Ma- jority. Ma- jority. Ma- jority. Ma- jority. Biennial; first Wednesday of January. Biennial; Tues- daj' after first Monday of January. Biennial; Tues- day after first Monday of January. Wednesday af- ter first day of January. Biennial; first Monday of January. Biehnial; first Tuesday in January. Biennial ; third Monday of January, Biennial; first Wednesday of January. Annual; second. Tuesday in January. Same as Sena- tor's. Not longer than 60 days except by a ^ vote of each house. Not to exceed 60 days. Not limited. Not longer than 90 days; special session limited to 30 days. Not limited. In special sess'n members can- not receive pay for more than 20 days. Must not exceed 90 days. ORIGIN OF BILLS. Regular, not limited; spec- ial, 30 days. Biennial; first Seventy days, except revis i n g sessions, when limit is 90 days. Must not exceed 60 days. Members can- not receive pay for more than 60 days. Regular session In either In either house. Same as in Alabama. Same as in Alabama. Same as in Alabama. In either house. Same as in Alabama. In either house. Same as in Alabama. In either house. In either house. Same as in Alabama. Same as in Alabama. must not ex- ceed 50 days, nor special 20. Not limited. Not limited. house. Same as in Alabama. Same as in Alabama. 270 APPENDIX. STATE. New York, North Carolina, North Dakota, Ohio, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah. Vermont, Virginia, Wyoming, Alaska. Arizona, DiST. OF Columbia. New Mexico, Oklahoma, NAME. Legisla- ture. General Assembly. Legipla- tive Assembly. General Assembly. Legisla- tive Assembly. General Assembly General Assembly, Genei'al Assembly. Legisla- ture. General Assembly Legisla- ture. Legisla- ture. General Assembly. General Assembly, Legisla- ture. THE STATE SENATE. 50 50 30 not more than 50 36 30 50 38 41 43 33 31 18 Council. Council. 40 12 13 2 yrs. yrs. i yrs. 2 yrs. 4 yrs. 4 yrs. 1 yr. 4 yrs. 2 yrs. 2 yrs. 4 yrs. 4 yrs. 2 yrs. 4 yrs. 4 yrs 2 yrs. 2 yrs Qualifications of Senators. Age, 25 yrs. Citizen. Resident of State 2 yrs. Shall have usually resided in Dis- trict 1 yr. next preceding election. Age, 25 yrs. Qualified elector in District. Resident of State 2 yrs. next preceding election. Resident of County or District 1 yr. next preceding election. Age, 21 yrs. Citizen of United States. Resident of County or District 1 yr. next preceding election. Age, 25 yrs. Citizen and inhabitant of State 4 jrs. and inhabitant of District 1 yr. next preceding election. Qualified voter. Age,25yr8. Citizen of United States. Resi- dent of State 2 yrs. and County 1 yr. next preceding election. Unconvicted of any Infamous crime. Age, 25 years. Citizen of United States. Qualifle j elector in District. Resident of State 2 yrs. next preceding election. Age, 30 yrs. Citizen of United States. Resi- dent of State 3 yrs. and of County or Dis- trict 1 yr. next preceding election. Age, 26 yrs. Citizen of United States. Qual- ified elector of State. Resident of State 5 yrs. and of District 1 yr. next preceding election. Citizen, 25 yrs. of age. in State. Three yrs. residence Age, 30 yrs. Freeman of County. Qualified voter and resident of District at time of election. Qualified voter and resident of District at time of election. Congress makes all laws for the Territory. Congress makes all laws for the Dist. of Columbia. Qualified voter, 30 years of age. Citizen. Salary. $1500 per an- u u m , and mileage. Pres. officer $6 per day; others $4; mileage. $5 per diem and mile- age. J3 per diem and mile- age. $1500, reg. bi- ennial sess.; mileage 20c. per mi. once each way; $500 ex. ses. $1 per diem and mile- age. $4 per day. 55 per day and mile- age. 54 per da. for 75 das. & 16c. per mi. once each way J5 pr da. first 60 das. $2pr day remain- der of sess. 54 per day. per day. 54 per day; $360 per ses. per diem, $4 per day. TIIK STATE LEGISLATURE. 271 THE LOWER HOUSE. LENGTH OD ORIGIN 'Sd MEETING. OF OF Name. Qualifications of Members. Salary. Quor- um. SESSION. BILLS. ^s" ^o Assem- 128 lyr. Same Ma- Annual; first Not limited. In either bly. as Senator. jority. Tuesday In January. house. House of 120 2 yrs. Qualified elector and resi- dent of County 1 yr. next Same as Ma- jority. Biennial; first Wed. after At regular sess. not pd. beyond Repre- senta- preceding- election. Senator. first Monday 60 das.; at spc'l tives. of January. not beyond 20. House of 60not 2yrs. Ag-e 21 yrs. Otherwise same Same Ma- Biennial; first Regular session I n either Repre- mox-e as Senator. as jority. Tuesday after must not ex- house. senta- than Senator. first Monday ceed 60 days. tives. 140 of January. House of 114 2 yrs. Same as Senator. Same Ma- Biennial; first Not limited. I n either Repre- as jority. Monday of house. senta- Senator. January. tives. House of 60 2 yrs. Same as Senator. Same Two- Biennial: second At regular sess. Same as in Repre- as thirds Monday in members' pay- Alabama. senta- Senator. of January. ment not exc'd tives. house. $120; ex. sess'n must not- ex- ceed 20 days. House of 204 2 yrs. Age 21 yrs. Otherwise same Same Ma- Biennial; first One hundred Same as in Repre- as Senator. as jority. Tuesday in and fifty days. Alabama. senta- Senator. January. tives. House of 72 lyr. Qualified voter. Same Ma- Annual; last Not limited. I n either Repre- as jority. Tues.inMayat house. senta- Senator. Newport, then tives. adjourned to Providence. House of 124 2 yrs. Age 21 yrs. Otherwise same Same Plural- Annual; second Forty days. Same as in Repre- as Senator. as ity. Tuesday in Alabama, senta- Senator. January. tives. House of 83 2 yrs. Same as Senator. Same Ma- Biennial; first Regular session I n either Repre- as jority. Tuesday after must not ex- house.. senta- Senator. first Morid. of ceed 60 -days. tives. January. House of 99 2 yrs. Age 21 yrs. Otherwise same Same Two- Biennial; first Seventy-five I n either Repre- as Senator. as thirds Monday of days. ; house. senta- Senator. of January. tives. house. House of 106 2 yrs. Age 21 yrs. Citizen of TJ. S. Same Two- Biennial; second Special session Same as in Repre- Qualified elector of State. as thirds Tuesday of must not ex- Alabama. senta- Resident of State 2 yrs. and Senator. of January. ceed 30 days. tives. of District 1 yr. next pre- ceding election. Same as Senator, house. House of 45 2 yrs. $4 per 23 Biennial ; even Sixty days. I n either Repre- day. years. house. senta- tives. House of 245 2 yrs. Resident of State 2 yrs. and Same Ma- Biennial; first Not limited. Same as in Repre- of Town 1 yr. next pre- as jority. Wednesday of Alabama. senta- ceding election. Senator. October. tives. House of 100 2 yrs. Same as Senator. Same Ma- Biennial; first Must not exceed I n either Delega- as jority. Wednesday of 90 days, unless house. tes. Senator. December. by a three- fifths vote of each house. House of Repre- senta- tives. House of 24 2 yrs. Qualified voter, 24 years of $5 per Ma- Biennial; odd Sixty days. Repre- age. diem. jority. years. senta- tives. House of 26 2 yrs. Citizen. $4 per Ma- Biennially. Sixty days. I n either Repre- day. jority, house. senta- tives. 272- APPENDIX. NAME. THE STATE SENATE. STATE, 00 '.cant General, Corlimissipner of Labor, OKief Mine Inspector,. /^lieutenant Governor, Secretary of State, State Treasurer Attorney General, Superintendent of Education... Kailroad Commissioner, Commissioner of Insurance, 8 years 4 years 2 years 2 years 8 years 2 years 2 years . . . . 2 years 2 years 2 years" 2 years 2 years 6 years 6 years As long as apt'g Gov 4 years i years 4 years i years. 4 years 6 years 2 years 2 years 2 years 2 years 2 years 2 years 2 years 2 years 4 years 4 j'ears 2 years 2 years 2 j-ears 2 years 4 years 2 years 4 years 4 years 4 years 4 years 4 years 4 years 4 years 4 4 4 4 4 4 4 4 Salaries, per annum. f 3,500 each. 3,000 3,500 5,000 3,000 1,995 55 per da. dur. sess 4,000 2,500 2,500 2,500 2,500 3,500 each 3,500 each 2,000. How raised to Office. 52.000. r,5oo 1.500..._ „^1' 1,000.. 1.500....... 3,000 eaefi S'6 per da. dur. sees 1,700 All officials appointed by Pres.,. Board appoints Health Officer Sanitary Inspector and Clerks, Secretary, Solicitor General, Librarian, Auditor Treasurer Supt. of Penitentiaries, Supt. of Public Instruction,... Adjutant General. Coal Oil Inspector, Secretary Attorney General, Supt. of Public Instruction,. Auditor, 1 Librarian, Treasurer, Bank E.xaminer, Oil Inspector, years years years years years years j'ears years , years , years . years years . years . years . years . 1,700 2.000 1,000 600. , 3,000 2,000 $ 900 2,2.50 2,750 1,300 2,000 1.500 1,800 2,500 $1,000 2,500 2,000 2,CHX) 2,000... 2,500 2,000 $2,000 and fees. 1,400 1,500 1,300 1,000 and fees. 1,200 1,200 1,200 $1,000 5,0(X) 5,000 3,000 1,200, exp. & clerk 3,000 3,000 Judges elected by the people; Sec, Comp. &Treas.by Legis.; Atty.Geri. by Supreme Ct. ; State Sup't app'd by Gov. & Senate. All are elected by the people ex- cept Secretary of State, who is ap- pointed by the Governor and Senate. Elected by the people. First four are elected by the people, last four by General As sembly. First two elected by the people Others by the Legislature. Elected by the people. First four elected by the people. Last four ap- pointed by Gov- ernor. QualiHcations. Sup. Judges 35 yrs. of age and tesid'ts of State 5 yrs. before election. Sup'tof Schools of literary and scientific attainm'ts and skilled and experienced in the art of teaching. Lieut. Gov. same as Gov. The Judges must be 30 yrs. of age, citizens of U. S. and State, and prac- ticing lawyers or Judges of court in State 7 years. Same as Gfovernor. ex cept 25 y re. of age. " no age restrict' n. and must be member of bar and learned in the law. Citizen of U. S. and quali- fled voter of State. Qualified voter. Opt. of Pres. 2 years 2 years 2 years 2 years 2 years 2 years Opt. of Gov .2 years 2. years ' 2 years . . 2 years . . , 2 years ... 2 years ... 2 years . . . 2 years . . . 2 years . . . Secretary appt'd by the President: others appointed by the Governor. $1,800 and fees 2,000 720 3,000 2,500 2,000 2..500 500 Fees;, max. $2,000. $1.800 Appointed. 1.500 2,000 1,500 1,(KX).... 1,500 1,0(.K» Fees •Qualified voter. Citizen. APPENDIX. PRE^SIDKNTS OF XHE UNITED STATES. No. President. State. Term of Office. Vice-President. 1 George Washington... Virginia Two terms; 1789-1797 . — John Adams. 2 8 John Adams Massachusetts . . Virginia One term; 1797-1801 .. Two terms; 1801-1809 . -] Thomas Jefferson. Aaron Burr. George Clinton. Thomas J efferson 4 James Madison Virginia Two terms; 1809-1817 . •] George Clinton. Elbridge Gerry. 5 James Monroe. Virginia Two terms; 1817-1825 . ... Dan'l D.Tompkins. 6 John Quincy Adams.. Andrew Jackson Massachusetts . . One term; 1825-1829... John C. Calhoun. 7 Tennessee Two terms; 1829-1837 . ( John C. Calhoun. Martin Van Buren. 8 Martin "Van Buren New York One term; 1837-1841-.. ... Rich'd M.Johnson. 9 William H. Harrison Ohio .. One month; 1841. John Tyler. 10 John Tyler* Virginia Tennessee 3 yrs.and 11 mos. ; 1841-lf One term; 1845-1849 .. Mn 11 James K. Polk George M. Dallas. 12 Zachary Taylor Louisiana 1 yr.and 4 mos.; 1849-1850 Millard Fillmore. 13 Millard Fillmore* New York 2 yrs, and 8 mos. ; 1850-1853 14 Franklin Pierce New Hampshire Pennsylvania... Illinois One term; 1853-1857... William R. King. J.C. Breckinridge. Hannibal Hamlin. Andrew Johnson. 15 James Buchanan One term; 1857-1861 16 Abraham Lincoln 1 term and 1 mo. ; 1861-65 ■ 17 Andrew Johnson* Tennessee 3 yrs.and 11 mos. ; 1865-1869 18 Ulysses S. Grant Illinois Two terms; 1869-1877. ■\ Schuyler Colfax. Henry Wilson. 19 20 Rutherford B. Hayes. . James A. Garfield Ohio One term; 1877-1881... Wm. A. Wheeler. Chester A. Arthur. Ohio 6 months and 15 days ; 1881 21 Chester A. Arthur*.. . New York 3yrs.5 mos. 15 days; 1881- -85 22 Grover Cleveland New York Firstterm; 1885-1889.. ... Thos. A. Hendricks. 23 Benjamin Harrison... Grover Cleveland Indiana. One term ; 1889-1893. . . Levi P. Morton. 24 New York Second term; 1893-1897 ■ - - A. E. Stevenson. 25 William McKinley Ohio 1897- G. A. Hobart. *Succeeded to the Presidency on the death of the President. INDEX. PAGE. Abolition of slavery 246 Absolute democracy 8 Absolute despotism 6 Absolute monarchy 5 Accused persons, testimony of not required 238 other privileges allowed. .239, 240 Acts, navigation. 15 importation 15 sugar 15 stamp 16 mutiny 16 Adjournment of Congress 137 Adjutant General 202 Admiralty, cases of. 216 Admission of new States 227 Advantages of State legislation 77 Ad valorem duty__ ___ 148 Age of voters 44 of Kepresentatives . 113 of Senators __. 125 of President and Vice-Pres- ident 185 Agreements, States cannot enter into -- 175 Agricultural colleges 101 Agriculture, department of 208 Aid of Federal Government in supporting public schools.. 99 Aims of the Constitution 109 Alaska purchase 36 Aldermen 68 Alliances, States forbidden to enter into 172 Ambassadors. 196 Amendment, of State constitu- tions 42 of Federal Constitution 229 Ancient courts of justice 83 PAGE. Annexation of Texas 34 Appointment, Governor's power of 80 President's power of 190 Apportionment of State legisla- tors 70 of taxes 97 of Representatives 113 Appropriations 170 Arbitration _ 218 Archives, of United States 198 Aristocracy, derivation and de- scription 7 Army, power to raise and sup- port _ 162 government of 162 Arrest, of criminals 93 freedom of Congressmen from 138 Articles of Confederation, origin of 23 ratification of __ 24 leading features of 25 defects of 26 result of defects 27 attempts at reform 27 good results of __ 28 Asylums. 104 Assembly, of States. _ 69 right of 233 district conventions 53 Assessment _ 97 Assessors, of town. 63 of county. 66 of city 68 Attempted union in 1754 18 Attendance of State legislators. 72 of JSTational legislators 132 Attorney-General, of the State. 81 of the Nation 203 283 284 INDEX. PAGE. Auditors, of the county 66 of the city 68 of the treasury department- _ 199 Australian Ballot System 55 Bail, definition and use of 94 excessive forbidden 244 Ballot, definition and use of... 55 Bankruptcy.. 153 Basis of representation 114 Bearing arms, right of 236 Bills, definition of 76 readings of in State legisla- tures 76 passage of in State legislatures 76 revenue - 140 origin and introduction of in Congress .- 140 consideration of by commit- tees 141 printing, reading, debating and engrossing 141 proceedings of Senate in re- gard to - - 142 enrolling, signing, veto of, and passage over veto 143 Bills of attainder, Congress can- not pass. 168 States cannot pass ._ 173 of credit. States cannot emit_ 173 of pains and penalties _ 168 of rights, declared in Colonial Congresses 19 first ten amendments of Fed- eral Constitution _ 231 Body politic 2 Borough _ 67 Borrowing money, power of Congress over ^ 149 Boston Massacre 16 portbill- 17 Bureau of education 103 of statistics 201 Cabinet 195 California, purchase of 35 PAGE. Calling of conventions 49' Canals _ _. 105 Canvassing votes 56 Capitol at Washington Ill Captures on land and water, control over 161 Cases at law, kinds of 89 arising under the Constitu- tion, laws and treaties 216- affecting ministers and con- suls 216 of admiralty and maritime jurisdiction 216 in which the United States is a party 216 affecting different States or their citizens 217 Casting vote, of Lieutenant- Governor 76 of Vice-President _ 126 Caucuses, calling of 49 work of 49 Cause of the Civil War 245 Causes of the Revolution 14 Ceded districts _ 163 Census. State 71 United States, when taken ._ 115 office 207 Challenging votes 56 Chaplain, of House of Repre- sentatives 120 of Senate 126 Character of George III 14 of State Legislatures 69 Charge d' Affaires 196 Charitable institutions 104 Charter, royal 12 Governmen t described 12 Circuit courts, of the States — 90 of United States, description of - - 211 jurisdiction of 218 Circuit Courts of Appeals, de- scription of -- 211 INDEX. 285 PAGE. Circuit Courts of Appeals, juris- diction of.. 218 Citizenship, of voters of Representatives _ 113 of Senators 126 of President and Vice-Presi- dent' 185 City, incorporation of 67 officers of 67 Civil, definition of 2 cases, defined 89 proceedings in 91 trial by jury secured in 240 Civil government, definition of 2 Civil rights of Negro 247 Civil Service Commission 1 92 Civil War, cause of 245 result of 246 Classes of Senators 124 Clearance, defined... 151 prohibition concerning.. 170 Clerk, of township 61 of county 64 of State Legislatures 74 of House of Representatives. 119 Close of Revolution 26 Coinage of money, power of Congress over _. 154 States forbidden to do 172 Collection of taxes, State 98 National 148 Collector of customs 148 Collectors of taxes, of town... 63 of county 66 of city 68 Colonial government, settlement of America 10 forms of. 11 provincial or royal 11 proprietary 13 charter 13 supremacy of English govern- ment — 13 Colonists, character of 14 PAGE. Color, not a qualification of voters 46 Commander-in-chief of military forces 188 Commerce, regulated by Con- gress 150 Commissary General 203 Commissioner of Customs 199 of Internal Revenue 199 of patents 308 of pensions 307 Commissioners, of county 64 of schools -. 103 Commissions 194 Committees, of State ' Legisla- tures 75 Committees, of schools 103 work of in Congress 141 of Congress 133 conference. 144 Common council 68 Compacts, States cannot enter into 178 Comptroller, of the State 81 of currency 200 of the treasury 199 Compulsory education 108 Confederation, Articles of _ . . . _ 33 nature of 35 good results of 38 Confederations, States forbid- den to enter into 173 Conference committees . 144 Congress, of 1754_ 18 of 1765.. - 19 first continental *. 19 second continental SO, 21 in general 108 House of Representatives 113 Senate _ 132 sessions of 139 membership of 130 quorum 181 rules of procedure 181 286 INDEX. PAGE. Congress, of 1754, adjournment 137 salary of members 137 how laws are made 141 powers of (see Powers of Con- gress) when convened and adjourned by President. _. 193 Congressional districts ^ . . 116 Congressional district conven- tion _._ 51 Congressional record 136 Congressman-at-large 117 Constables 62, 68 Constitution, steps to formation of National 29 formation of 30 why called federal _. 31 ratification of 31 of England 41 of States 41 how Federal Constitution is amended 229 Constitutional convention, na- tureof... 29 Consular courts 213 Consular service 197 Consuls, by whom appointed.. 191 cases at law affecting 216 Continental Congress, the first. 19 the second.. 20, 21 Continental Congress, character of second.. 21 Convention, Virginia and Mary- land 29 Annapolis. __ 29 Constitutional. 29 Conventions, calling of nomin- ating 49 work of _ 49 other nominating conven- tions 52 Copyrights 156 Coroners 65 Corporations, definition and kindsof 60 PAGE. Corruption of nominations and elections _ _ 57 Council, town 61 city 68 village 68 advisory body to Governor.. 80 Counsel for accused persons.. _ 240 Counterfeiting 155 Counting votes 56 County, subdivision of State 43 origin of _ 64 officers of. 64 County clerk 64 County commissioners, duties of 64 County nominating conven- tions, calling of 49 work of 50 County-seat _ _. 64 Court of Claims. 213 of the District of Columbia.. 213 Courts, ancient 83 of States- 89 for the trial of impeachments 91 of sessions 91 of oyer and terminer 91 county or common pleas 91 of chancery or of equity 91 of appeals _ 90 Federal 210 Courts-martial. 213 Crimes, trial of by jurj'- _ 219 Criminals, cannot vote 45 fugitive 223 Cruel punishments forbidden.. 244 Customs, defined 148 collection of 148 Daily sessions of Congress 130 Debts, State 106 Declaration of Independence, outline of 23 given in full .- 248 Defects of Articles of Confeder- ation 26 Department of Agriculture 208 INDEX. 287 PAGE. Department of Justice. _ 203 of State, diplomatic service.. 196 Department of State, consular service 197 passports __ 198 archives and seal of United States 198 Department of the Interior 207 oftheNavy ...206 of the Treasury 199 of War... 202 Departments of government, their distribution and inter- mingling 4 Democracy, derivation and defi- nition of „ 8 pure or absolute 8 representative 8 Despot, defined 6 Despotism, definition and ex- ' amples of. 6 Diplomatic service 196 Director of the mint 200 Direct taxes, kinds of _ 95 how apportioned 115 referred to in Constitution. 147 additional reference 169 Disabilities, political 247 Disorderly behavior of Con gressmen, punished 134 District attorney ._ 66 District courts, description of.. 212 jurisdiction of 218 District of Columbia 164 Districts, subdivisions of States 43 congressional 116 Division of government, by State constitutions 43 Doorkeepers, of State Legisla- tures - 74 of House of Representatives. 120 of Senate.. - 126 Duties, defined. ..- 96 kinds of 147 PAGE. Duties, as regulating commerce 148 export, forbidden. 169 inspection ._ 174 tonnage 175 Education, its importance 99 support of public schools 99 public schools of the State.. 100 Federal Government schools. 101 endowed institutions of learn- ing 101 school ofiicers 102 examiners ... 102 the school board 102 bureau of 103 compulsory 103 religion in the schools 103 Election, of Governor 79 of Senators and Representa- tives 129 Election of President and Vice- President 178 Elections, preliminary proceed- ings 54 registration 54 when and where held 55 the ballot- 55 inspectors of 56 process of 55 challenging and canvassing votes 56 number of votes necessary for 57 Elective franchise.... ..- 43 monarchy 6 Electoral college 179 commission 182 Electoral ticket, how nomi- nated 51 Electors or voters, defined 43 qualifications of .. 43 presidential -. 179 Eminent domain, right of. 105 why exercised - 239 Enemy to Union. 18 Engineers of fire departments. . 68 288 INDEX. PAGE. Engrossing bills _ 142 Enrolling bills 143 Entry, definition of 151 prohibition concerning 170 Envoys extraordinary 196 Equity cases 216 Excessive bail, forbidden 244 Excessive fines, forbidden 244 Excise commisssoners 63 Excises 148 Execution 93 Executive Department, of State 79 of Nation -.. 176 Executive power, defined 4 vested in one person 177 Exemptions.... 97 Export duties, forbidden 169 Ex post facto law, Congress can- not make — 160 States cannot make 173 i'ederal charitable institutions. 105 Constitution, why so called.. 31 convention, nature of 29 government, why so called-. 31 government schools 101 judges.. 213 Felonies, on the high seas 160 Fence-viewers 63 Filibustering 137 Fines, excessive, forbidden 244 First Continental Congress 19 First Union of Colonies. 18 Floridas, the purchase of 34 Formation of Federal Constitu- tion 30 of State Constitutions 42 Forms of Colonial government- 11 of government 5 Franchise , elective 43 Free delivery of mails _ _ 206 Freedom from arrest, of mem- bers of Congress _ 138 Freedom of speech, of members of Congress 139 PAGE. Freedom of speech, in general. . 232 Freedom of the press 232 Fugitive criminals 223 slaves 223 ' Game constable 63 General Assembly 69 Geological survey 208 Gifts 171 Good results of Confederation. 28 Government, illustration of 1 definition of 2 origin 2 necessity and objects of 3 departments of 4 powers of 4 forms of 5 Governor, qualifications of 79 election and term of office 79 powers 79 Graded schools____ 100 Grammar schools 100 Grand jury, description and work of 86 indictment by, secured by amendment 238 Growth of public opinion, a cause of Revolutionary War. 14 Habeas corpus, writ of 88 suspension of, forbidden 167 Hereditary monarchy. 6 High schools 100 High seas 160 Highways 105 Homestead Act 39 House of Representatives, Na tional, its character 112 term of members. 113 qualifications of members 113 apportionment of members.. 114 vacancies in 118 officers of 118 power of impeachment 120 sessions of 129 INDEX. 289 PAGE. House of Representatives, Na- tional, membership of 130 quorum 131 House of Representatives, rules of procedure 131 committees 132 length of speeches. 133 iournal 135 recording yeas and nays 136 adjournment. 137 passage of laws 140 election of President by^ 181 House of Representatives, State, 69 Hydrographic office . _ _ 206 Idiots, cannot vote 45 Immediate causes of the Rev- olution -- 15 Impartial jury, promised 239 Impeachment, by State Legisla- ture - 91 by National House of Repre- sentatives 120 trial of, by Senate _ _ 127 removal of officers by 194 Implied powers of Congress . . 165 Importation Act.. 15 Independence, first movement in favor of ._ 22 Rhode Island's action 22 Virginia's action 22 Declaration of 23 Indian Territory. _ 225 Indians, schools for.. 101 commerce with. 151 affairs, bureau of ... 208 Indictment, by grand jury, how made 86 right of, secured by amend- ment 238 when made 95 Indirect taxes 96, 147 Influence of France, one cause of Revolution.. 14 Insane Asylums 104 PAGE. Inspection duties 174 Inspectors of election, of town 56, 63 of city 68 Interior department 207 Internal revenue _. 148 Jefferson, Thomas, author of Declaration of Independ- ence.. 23 Jeopardy, twice in, forbidden. 238 Journal, of Houses of Con- gress ... 135 Judge Advocate General 202 Judgment 93 Judges, of election 56, 63 State 91 Federal 213 Judicial department of States, ancient courts of justice _ _ 83 juries 84 writ of habeas corpus 88 cases at law 89 courts 89 judges 91 proceedings in civil cases 91 proceedings in criminal cases, 93 Judicial department of United States, courts 210 jurisdiction of courts 215 treason 219 Judicial power, defined 4 Juries, origin and development" of.. 84 importance 85 grand 86 petit 86 selection of 87 duty of service 87 impartial ._ 239 trial by, in civil cases 240 Jurisdiction of Federal Courts. 215 Justices' court 89 King, defiiiition of 5 Laws, National, how passed... 141 290 INDEX. PAGE. Laws, State, how made 74 when they take effect 77 League of the New England Colonies 18 Lee, Richard Henry, famous resolution offered by 22 Legal tender defined 154 State prohibition concerning. 173 Legation .'. 197 Legislative department of Na- tion, its importance, name, and composition 110 place of meeting _ Ill House of Representatives 112 the Senate .-. 122 powers of (see Powers of Con- gress). Legislative department of State, composition and character, 69 qualifications of members — 69 terms of members 70 meetings. _ 71 attendance and quorum 72 vacancy 73 power and public proceedings of 73 organization and officers 74 how laws are made 74 Legislative power defined 4 Letters of marque and reprisal, power concerning 160 States forbidden to issue 172 Libel 283 Liberty, of religion 232 cannot be deprived of, except by due process of law 238 Librarian, State 82 of the Senate 126 Lieutenant-Governor- 80 Life-saving service 201 Limited monarchy 6 Lobbying -- 134 Louisiana purchase 33 Lunatics cannot vote_ _ 45 PAGE. Mail matter, classes of _. 205 Majority, meaning of _. 57 Maritime jurisdiction 216 Marque.. 160 Massachusetts Government Bill, 17 Mayor, of city 67 of village 68 Measures, power to fix standard of 155 other than bills 145 Mesilla Valley, purchase of 36 Message, President's. 195 Meteorological bureau 10^ Military academy.. 203 Military courts 213 Militia, discussion of 107 calling forth 163 Ministers, by whom appointed. 191 how received 193 classes and duties of 196 cases affecting 216 Minority President 182 Mints 200 Misrule of royal governors 17 Moderator of town meeting 60 Monarch 5 Monarchy, derivation and defi- nition .- 5 absolute 5 despotism 6 limited 6 hereditary 6 elective — 6 patriarchy 6 theocracy.. 7 Money, power of Congress to borrow - — - 14& power of Congress to coin 159^ prohibition upon States 173 Mutiny act -- 16 National banking system 200 National convention, calling of, 49 work of 52 National debt --- 230 INDEX. 291 PAGE. ITational judiciary, necessity for 210 ^National law, supremacy of 230 JN'ature, of Confederation 25 of State constitutions 41 Naturalization 152 Naval academy 207 Navigation, laws for safety of. 151 Navigation acts _ 15 Navy 162 Navy department 206 Nays and yeas, recorded in Con- gress 136 Necessity of government 3 Negro, freed 246 civil rights of _ 247 right of suffrage 247 New States, admission of 226 Nominations, political parties. _ 47 definitions : 48 ■why made 48 how made 48 Normal schools 101 Oath of office required by Con- stitution 230 Objects of government 3 Obligation of contracts 173 Offences against the law of Na- tions 160 Officers, of town 60 of county 64 ofcity. -- 67 of village 68 of State Legislature 74 of schools 102 of House of Representatives- 118 of the Senate 126 Oklahoma... 225 Opinions of executive officers, President may require 189 Ordinances 68 Ordinance of 1785 37, 38 Ordinance of 1787 251 Oregon treaty 35 PAGE. Organization of State Legisla- tures Origin of government 2 of Articles of Confederation. 23 of State constitutions 41 of township 59 of county .- 64 of juries 84 of writ of habeas corpus 88 Original territory of the United States 33 Orphans' Courts 90 Overseers of highways 62 of the poor 62 city officers 68 Paper money 200 Pardons, Governor's power 80 President's power 189 Party divisions 146 Passage of bills, by State Legis- latures 76 by Congress 141 Passports 198 Patent office 208 Patents - 157 Patriarchy 6 Paupers cannot vote _ 45 Paymaster General 202 Pension office 207 Petition, right of _ 234 Petit jury. 86 Piracies 159 Planks. 53 Platforms 53 Pleadings 92 Plurality. -- 57 Police, courts 91 officers of city 68 Political body 2 disabilities 241 parties, origin and necessity of.. 47 Polling place 55 Poll list .-- 56 292 INDEX. PAGE. Polls 55 Poll tax 95 Poor houses. 104 Ports of entry 148 Postage _- 205 Postmaster General 204 Postmasters 205 Post-office department 203 Post-offices and post roads, power of Congress over 155 Pound-keepers ._ 63 Power of State Legislatures 73 Powers of Congress, taxation.. 146 borrowing money __ 149 regulating commerce.. 150 naturalization 152 bankruptcy 153 coinage of money 154 weights and measures 155 counterfeiting 155 post-offices and post-roads 155 copyrights. 156 patents 157 piracies and felonies on the high seas 159 offences against the law of nations 160 declaring war 160 letters of marque and reprisal 160 captures on land and water.. 161 army and navy 162 militia 163 of Congress, implied 165 of government 4 of the Governor 79 of the President, may require opinions of executive offi- cers 189 grant reprieves and par- dons 189 make treaties 190 appoint officers.. 190 remove officers 191 fill vacancies 192 PAGE. Powers of the President, mes- sageof. 193^ convene and adjourn Con- gress 193 receive foreign ministers.. 193 most important duty 193 grant commissions 194 Powers reserved to the States. . 244 Preamble of National Constitu- tion _ 108 Pre-emption act 39 Preliminary proceedings to an election 54 Present extent of United States 36 Presentment by grand jury 86 President, of village 68 of State senate 74 pro tempore 74 of United States Senate 12& Presidential succession 185 President of the United States, how nominated 52 signature to bills 143 vetoof 143. term of office 177 election of .._._ 17& minority 182. qualification of 184 salary of 186 inauguration of 187 commander-in-chief 188 powers of (see Powers of the President). Press, freedom of 232 Primary, calling of 49 work of 49 Primary schools 100 Printer, of State 81 of Nation _ 136 Prisons . — 105 Privateers . 161 Private property taken by the government 239 Privileges of citizens 222- INDEX. 293 PAGE. Probate courts 90 Proceedings, in civil cases 91 in criminal cases 93 Prohibition upon members of Congress 139 Prohibitions upon the States, concerning treaties, alli- ances, and confederations, letters of marque and re- prisal, and money 172 bills of attainder, ex-post-facto laws, titles of nobility, ob- ligation of contracts and du- ties 178 war and agreements 175 Prohibitions upon the United States, slave trade 166 writ of habeas corpus 167 bills of attainder and ex-post- facio laws- 168 direct taxes, export duties 169 preference in trade _ _ 170 appropriations _ 170 titles of nobility and gifts 171 Property, how persons are de- prived of 239 of United States, how gov- erned 224 tax - 96 Proprietaries 12 Proprietary government 12 Provincial government... 11 Public documents, bureau of— 208 Public institutions, charitable.. 104 State prisons, highways, ca- nals _ - 105 railroads and debts 106 militia... - 107 Public lands, bureau of _ 207 surveying of — 37 States formed from 37 settlement of 39 Public proceedings of State Legislatures. 73 PAGE. Public proceedings of Congress 131 Public schools, kinds of _ 100 support of. 99 land grants for 38 Public trial 239 Punishments, prohibition con- cerning 244 Pure democracy 8 Qualifications, of voters 43 of State legislators 69 of Governors 79 of United States Representa- tives 113 of United States Senators 125 of President and Yice-Presi- dent 184 Quartering soldiers 236 Quartermaster General 202 Quebec act 17 Quorum, in State Legislatures. 72 in National Legislature 131 Railroads _ 106 Ratification, of articles of Con- federation 24 of Federal Constitution _ 31 Ratio of representation 114 Readings of bills, in State Legis- latures .._ - 76 in National Legislature 141 Recorder of county _ 64 Recording yeas and nays 136 Records of States 222 Reform, attempts at under Con- federation.. 27 civil service. 192 schools 105 Registering vessels 150 Register, of county 64 of the treasury 201 Registration _ — 54 Regular sessions of Congress . . 129 Religion in schools 103 Religious liberty 233 test 231 294 INDEX. PAGE. Remote causes of Revolution __ 14 Removal from office _ .- 194 Representation, advantages of_ 8 taxation without 16 basis of _ 114 ratio of 115 Representatives, their term 113 who may vote for 113 qualifications of 113 apportionment of 114 each State represented 117 titles of - 128 election of. 129 presence of, required 132 punished for disorderly be- havior.. 134 expulsion of _. 135 salary of 137 freedom of from arrest 138 freedom of speech 138 prohibitions upon 139 apportionment of after aboli- tion of slavery 247 Representative democracy 8 Reprieve, Governor's power of _ 80 President's power of 189 Reprisals 160 Republic. -. 8 Republican government guar- anteed 227 Requisition 223 Residence, qualification of vot- ers __ 44 of Representatives . 114 of Senators. _ 126 of President and Vice-Presi- dent 183 Result of Civil War 246 Return of bills within ten days 144 Returns of State elections 56 of electoral college.. 181 Revenue bills 140 Revision of State constitutions. 42 Revolution 22 PAGE. Right, of elective franchise 43 of suffrage, defined . 43 granted the Negro 247 Rights of people secured 244 Roll call in Congress 136 Royal government . 11 Rules of procedure in Congress 131 Salary, of State legislators 70 of State executive officers 82 of members of Congress 137 of President and Vice-Presi- dent 186 of Cabinet officers 3 96 of ministers 197 of Federal judges _ 214 School board. 102 Schools, State 100 Federal 101 officers of ._ 102 Sealers of weights and measures 33 Seal of United States 198 Searches and seizures... 237 Seats, choice of in Congress 133 Second Continental Congress, when and where held 20 its character 21 Secretary of State, a State offi- cer 81 a cabinet officer 196 Secretary of agriculture 208 of the interior 207 of the navy 206 of the Senate 127 of the treasury 199 of war .- 202 Select council of city 68 Selection of j urors. 87 Selectmen 61 Senate, National, character of. 122 vacancies in 125 officers of 126 power of trial of impeach- ments _ _ 127 sessions of 129 INDEX. 295 PAGE. membership of 130 quorum. __ 131 rules of procedure 131 committees. 132 length of speeches in 133 journal of 135 recording yeas and nays in__ 136 adjournment of 137 passage of laws by 140 election of President by 182 Senate, State 69 Senators, State 69 Senators, National, number of. 123 how chosen 123 term of office of ... 124 vote of 124 division into classes 124 qualifications of 125 titles of 128 election of 129 presence required- 132 punishment for disorderly be- havior 134 expulsion of. 134 salary of 137 freedom of from arrest 138 freedom of speech of 139 prohibition upon 139 Sergeant-at arms of House of Representatives 119 of Senate 126 of State Legislature 74 Sessions of Congress 129 Settlement of America 10 of public domain 39 Sex, qualification of voters 44 Sheriff... 65 Signal service 202 Signature of President to bills. 143 Slander 233 Slaves, fugitive _ 223 Slave trade- 166 Slavery, abolition of 246 Smuggling 148 PAGE, Solicitor of the treasury 201 general ._ 203 Speaker, in State Legislature.. 74 of House of Representatives. 118 Special committees of State Legislatures.. 75 Special nominating conventions 53 Special sessions of Congress 130 Specific duty 147 Speech, freedom of in Congress 134 freedom of in general 232 Speeches, length of in Congress 133 Speedy trial promised 239 Spoils system 192 Stamp act 16 State constitutions, nature and origin 41 how framed 42 how adopted 42 how revised and amended 42 division of government by 43 State subdivisions _ 43 nominating conventions 51 senatorial conventions 53 legislatures 69 State printer 81 librarian 82 superintendent of public in- struction 102 courts _ 89 debts 106 prisons - 105 Steps to union 18 to revolution 22 to formation of Constitution- 29 Suffrage, right of defined 43 granted the Negro 247 Sugar act 15 Suits against States... 245 Summons 91 Superintendents of poor 66 of streets 68 of public instruction 102 of schools 102 296 INDEX. PAGE. Superintendents of census 207 Supervisors of town 61 as county board 64 of highways 62 Support of schools, Federal aid _._ 38, 99 State 99 local 100 Supremacy of English govern- ment _ 12 of National law. 230 Supreme court, of States 90 of Nation, description of 210 jurisdiction of 215 Surrogates' Court 90 Surveyor, of county _ _ _ 66 general of States 81 Surveys, national system of 37 Tariff.. 148 Taxation without representa- tion 16 Taxes, necessity of 95 kinds of 95 assessment 97 exemptions 97 apportionment 97 collection _ 98 power of Congress over 146 National, kinds of 147 collection of 148 objects of 149 uniformity of 149 Tax on tea 17 Tax sales 98 Terms of office, of State legis- lators. 70 of Governor 79 of Representatives 113 of Senators 124 of President and Vice-Presi- dent _ 177 Terms of office of Federal Judges 213 Territorial courts 213 19 PAGE. Territories, organization and government of 224 Indian 225 Territory of United States, orig- . inal 33 the Louisiana purchase _ 33 purchase of the Floridas 34 annexation of Texas 34 the Oregon treaty 35 purchase of California 35 purchase of the Messilla Val- ley 36 the Alaska purchase 36 present extent 36 Testimony of accused persons not required 238 Texas, annexation of _ 34 Theocracy 7 Theory of Divine right.. 2 offeree 2 of sociability 2 Titles of members of Congress. 128 of nobility, Congress cannot grant 171 States cannot grant 173 Tonnage duties 175 Township, subdivision of county 43 origin of 59 importance of 59 a corporation 60 meeting 60 officers 60 caucuses 49 Transportation act 17 Transmission of money by mail 206 Treason. ._ 219 Treasurer, of town 61 of county 66 of city 68 of State .--- 81 of United States 199 Treasury department 199 Treaty, the Oregon 35 States forbidden to enter into 173 INDEX. 297 PAGE. Treaty, Presidents power con- cerning 190 Trial, of a civil case 92 of a criminal case 94 of crimes by jury 319 speedy and public promised. 239 by jury in civil cases secured 240 Trustees of tov^rnsliip 61 of villages — 63 of schools 102 Tun-scipe 59 Twice in jeopardy . 238 Ungraded schools 100 Union, enemy to 18 steps to 18 first 18 attempted 18 United States census 115 Universal postal union 205 Universities, State. _ 100 Vacancy, in State Legislature. _ 73 in office of Governor 80 in House of Representatives. 118 in Senate 125 in Presidency _. 185 Valuation of taxable property. 97 Verdict in cases at law 92 Veto of Governor 77,80 • ofPresident 148 Vice-President, how nominated 52 term of office and election of _ 178 qualifications of_. 184 salary of 186 inauguration of 187 Village, reasons for incorpora- tion of 67 PAGE. Village, how incorporated 67 officers of 68 Virginia and Maryland Conven- tion ._ 29 Voting, how done 55 upon bills in Congress 142 by Presidential Electors 180 Voters, defined 43 qualifications of __ 43 Votes, challenging and canvass- ing .-- 56 number necessary for election 57 War, power of declaring 160 prohibitions upon States con- cerning 175 department of 202 Ward caucuses, calling and work of- 49 Washington, George, delegate to Congress 20, 21 commander in-chief of army 22 resigned his commission 26 President of Constitutional Convention 30 President of United States. _ . 31 Weather bureau - - 209 Weights and measures -.. 155 White House 187 Why nominations are made.. _ 48 Witnesses for accused persons. 240 Writ of habeas corpus 88 Writs of assistance 15 Written constitutions 41 Yeas and nays recorded in Con- gress l'^6 Yellowstone Park 225 '■'\j i 8 1898