Pi Ilibrary of congress.: i-UXLTED STATES OF A^IERICA; f W^^ S^2 P a 5^ ?0 hJ O o C5 CD ^ § l-b , O P ^^ p ^?= O O O P P <1 iT> p g (TD ft) I — I CD t-b I CD o CD o p CO GO C75 J OUR GOYERNMENT: AN EXPLANATORY STATEMENT OF THE SYSTEM OF GOVERNMENT OF THE COUNTRY; PRESENTING A VIEW OF THE GOVERNMENT OF THE UNITED STATES, AND OF THOSE OF THE SEVERAL STATES ; WITH THE CONSTRUCTION OF CON- STITUTIONAL PROVISIONS AND A PRACTICAL NOTICE OF THEIR ADMINISTRATION. A MANUAL FOR SCHOOLS, ACADEMIES AND POPULAR USE. i&ecoii^ 3Stiftton, BY MORDECAI McKINNBY. "The unity of government, which constitutes you one people, is also now dear to you. "In proportion as the structure of a goTernment gives force to public opinion, it is ea that public opinion should be enlightened."— Washinoton's Fabetteli Addee88. essential PHILADELPHIA: PUBLISHED BY THE AUTHOR 1856. Entered according to the Act of Congress, in the year 1856, hy MORDECAI McKIXXEY, In the Clerk's Office of the District Court of the United States in and for the Eastern District of Pennsylvania. S. Douglas Wyeth, Ast., Stereotvper. No. 7 Pear Str, Phila. Rohb, Pile & McElroy, Printers. PREFACE. An acquaintance with the political institutions of our country is so important , that it can neither be trite to recommend it as in- teresting and valuable, nor superfluous to oifer new aid for its at- tainment. Where there is accuracy of information, on such a subject, the attempt ought not to be considered an unworthy one, if in its method it solicits attention, familiarizes useful knowledge, or is, in any way, adapted to the wants of society. The writer would ask that the propositions, in reference to the general subject, contained in the title, and divisions and heads of the work, be considered in connection with its declared purpose and necessary limits. There is no pretention here to the character of a full and extended treatise. The plan and method were re- quired, it is apprehended, in order to present perspicuously the matter furnished, in a form suited for easy reference by all ; and as having, besides, the advantage of suggesting to the student or reader a systematic course for pursuing his inquiries on the subject. No one can be more inclined than the writer, to recommend to all, having an opportunity of acquiring it, a thorough and complete knowledge of the government and constitutional law of our coun- tiy, to be derived from the many able and profound expositions thereof that are extant It will be observed, that the view here given of our system of government is a practical one ; exhibiting it as actually existing and iii IV PREFACE, ill operation, in its several parts, rather than with respect to the theory of it, in the abstract ; and showing the powers and duties of the general government and those of the several States, as con- stitutionally ascertained and administered in practice, with the re- lative obligations of the people. It is with this design, that the arrangement has been adopted, by which the general subject is treated of, not in the order of the text of the federal Constitution, or of those of the States ; but under divisions and heads, appropriate to the real administration of our government and laws, illustrative of principles, and which allow of the introduction of a greater amount and variety of information in its natural place. In our complex political system, consisting of a general govern- ment, and a number of separate State governments, acting in cer- tain relations to it and each other, the distinction between the general government and the State goverc.ments is of the greatest moment, often being the occasion of questions of much weight and delicacy. It has, therefore, been made an object especially to pre- sent this principle, with its relative bearings, throughout the work ; and, it is thought, the arrangement by which the general govern- ment and that of the State governments are treated of separately, under distinct heads, is particularly suited to this end. The rela- tions of the States to each other are, also, thus kept in view, Besides what relates to constitutional provisions, and their con- struction, in a strict sense, there are embraced here such notices of Acts of Congress, the common and statute law of the particular States, and the ordinary civil officers, their duties and powers, as the nature of the subject would admit ; with the endeavor to illus- trate, to this extent, the principles and administration of our government and laws. The book is designed to be a Manual, for popular use, and fre- quent and easy reference, on various topics of common and general PREFACE. V interest ; to which order of disposition is an essential requisite. This plan demanded the employment of numerous divisions, titles and heads ; and it ought not, then, to be an objection, that in some instances there is a repetition of the same matter under different heads. That there should be a general knowledge, in the community, for practical purposes, of our institutions and laws, lies at the very foundation of our government. Where the political rights of all our citizens are equal, and every one is enabled to exert an influ- ence in the administration of public affairs, so much affecting the interests of all, they should be well informed as to their rights and duties, and in regard to the powers conferred upon those whom they place in office. There is not so much weight to be attached to the existence of good forms of government, or just and bene- ficent laws, as to their application and execution ; and many late events, all experience, ia our country, must seriously force upon the mind the consideration that the due administration of the govern- ment and laws depends in a great degree upon the cordial co-oper- ation of the people at large ; and of course, upon their intelligence and virtue. It is only a proper understanding of our civil institutions that can induce strong and settled attachment to their principles, and im- part ability for their maintenance ; compared with which all other impulses or sentiments in regard to them are as nothing. Capable of accomplishing all the ends of a free government, '* securing the blessings of liberty," in reference to all under their protection and subject to their control ; under all exigencies and for all time ; their efficacy, under the righteous Ruler of nations, is in the hands of the people. The propriety of inculcating this kind of information in the edu- cation of youth must be obvious. It is the writer's impression that the works published especially for this purpose have been either VI PREFACE. too technical and abstract ; or, in many instances, too simple and superficial. It seems that there are but wanting facilities of the right kind in order to secure the most useful attention to these subjects, among all classes of the community. An eminent jurist, and author on constitutional law, has observed ; * ' Constitutions are instruments of a practical nature, founded on the common business of human life, adapted to common wants, de- signed for common use, and fitted for common understandings. The people make them ; the people adopt them ; the people must be supposed to read them, with the help of common sense ; and can- not be presumed to admit in them any recondite meaning, or any extraordinary gloss." This work was at first issued under the title of the TJnited States Constitutional Manual. This second edition, in a new form, con- tains much additional matter, condensely arranged, and is better suited to general readers. ' ' The Government of Pennsylvania, ' ' a work on a similar plan, and to be used in like connection, will be soon published. Hakrisburg, Sept. 6, 1856. TABLE OF CO:N"TE]SrTS. The Constitution of tlie United States of America. PART THE FIRST. OP THE GOVERNMENT OF THE UNITED STATES OF AMERICA. CHAPTER I. Of the Government, in general. 1-5. Forms of civil government, in general. 6-7. Government of tlie United States of America, its nature and form. 8. Its principles and objects. 9. The independence of the States. 10-11. The Declaration of Independ- ence. 12-17. The colonial Governments. 18. The Revolutionary Government. 19. Confederation of the States. 20-26. Origin and nature of our sys- tem of government. 27-30. Powers, in general, of the federal government. 31-33. Relations of the several States to it, and to each other. 34. Classification of its powers. 35. Its powers exclusive or con- current. 36. Rights secured to the States or the people. 37. Powers reserved to the States or the people. 38. Declared general rights and principles in the federal Constitu- tion. 39. Certain express provisions, in the federal Constitution, as to the delegation of power to the general Government. 40. Incidental powers granted to the general Government. 41. Authority of the Constitution and laws of the United States. 42-43. Authority of the Constitution and laws of the United States, and of those of the several States, in relation to each other. 44. The general Government extends over the Union, as a nation. 45. The Union intended to be perpe- tual. 46. No State has a right to recede from the Union. 47. Allegiance to the general Govern- ment and the States respectively. Protection. 48. The United States of America, jurisdiction and territory. 49. Powers of the general Govern- ment distributed among several departments. 50-6. The organization and nature of the several departments. 57-8. The people and the States repre- sented in the general Government. 59. Territorial Governments. 60. The District of Columbia ; the ces- sion thereof; its government. The seat of the general Government therein. vm CONTENTS. 61-4. Citizens of the United States ; native and naturalized. 65. The rights of citizens of one State in another State. 66. Free negroes and mulattoes. 67. Slaves. 68-72. Aliens ; their rights ; natura- lization as citizens. 74. Indians, Indian territory. Names of the several States. Names of Territorial Grovernments. CHAPTER 11. Of the Constitution of the United States of America. . Of a constitution of civil govern- ment, in general. I. Constitutional law. 3. Constitution of the United States of America. 4. Its adoption and ratification. 5. Its nature. 6. The result of concession and com- promise. 7. When it went into operation. 8. Its authority. 9. A State cannot annul its relation to it. 10. Classification of its provisions. 11. Constitutional questions, how de- termined. 12. Rules of interpretation. 13. Its preamble. 14. Amendments thereto. CHAPTER III. Congress of the United States of America. 1. Legislative department of the Go- vernment. I. Power of legislation, in general. 5-7. Two branches thereof, their re- lation to each other. ). Its organization. Senate. 9-10. Of whom composed. Senators. 11-12. Vacancies, how filled. 13. Senators, their qiialifications- 14-15. Senators, election thereof. 16. Senators, present number thereof. 17- Equal representation of the sever- al States. 18. One-third of the Senators elected every two years. 19. Senators, term of service ; in case of vacancy. 20-21. Vice-President presides ; his power ; his casting vote. 22. Senate, may sit in recess of Con- gress, to act on executive business. 23: Organization thereof. 24-25. Appointments of office. 26-7. Impeachments. 28. Nature of an impeachment. 29-32. What officers may be im- peached. 33. Impeachment, how preferred. 34-35. Judgment, on conviction. 36. For what offences. 37. Organization of Senate for trial of an impeachment Proceedings on an impeachment 38. Power of the Senate as to treaties. Treaties, the supreme law. House of Repkesentatives. 39. Of what number composed. 40. Right of suffrage in electing Re- presentatives. 41. Representatives, their qualifica tions. 42-46. Appointment thereof. 47-50. Representatives, their election. 51-2 Present ratio and number of Representatives. 53-55. The Speaker. Its officers. 56- Territorial Delegates. 57- Representatives, times of election. 58 Representatives, term of office. 59. Organization of the House of Re- presentatives. CONTENTS, IV Of the Members of Congress. 60-Gl. Oath of office. 62-63. Privilege from arrest or civil suit. 64-65. Freedom of speech or debate. 66-69. Incompatiblity of office. 70. Compensation. 71. Interest in public contracts pro- hibited. Time of meeting of Congress, and its adjournments. 72-74. Time and place of assembling of Congress. President may convene. 75-76. Adjournment of Congress. Separate duties and powers of each House. 77-78. As to the election of its mem- bers. Contested elections. 79. Quorum. 80. The majority to decide. 81-85. Election of officers. 86. Rules of proceeding. 87. To sit with open doors. 88. Journal. 89-90. Yeas and nays. 91. Punishment of members. 92. Expulsion of members. 93. Punishment for contempt. 94. Adjournment. 95. Bills for raising revenue. Of the duties and powers op Con- gress. 97 The powers of Congress limited. Express general limitation, in the federal Constitution. 98. Certain powers expressly pro- hibited. 99. No power contrary to any pro- vision of the federal Constitution. 100. Every constitutional power com- plete. 101. Division of the powers of Congress, as enumerated or inci- dental, as exclusive or concurrent. 102-6. Nature of incidental powers. 107. Nature of resulting powers. 108-113. Exclusive or concurrent powers, their nature. 114. Powers relate to national objects. 115-7. Power as to revenue, taxes. 118. Taxes ; imposts, excises, 119. Taxes direct and indirect. 120. Apportionment of direct taxes. 121. Indirect taxes to be uniform. 122. Customs or imposts, how laid and collected. 123. Taxes upon property in a Dis- trict or Territory. 124. Power to lay duties for the pro- tection of domestic manufactures and produce. A tariff'. 125. Power to establish a national bank. 126. Revenue bills to originate in the House of Representatives. 127. Prohibitions on Congress. No tax on exports. No preference of the ports of any State. 128. Prohibitions on the several States. No duties on imports or exports. No tonnage duty. 129. Power of the several States, to lay and collect taxes. 130. Drawing money out of the Trea- sury. 131. Account of receipts and expendi- ture of public money to be pub- lished. 132. Power to borrow money. 133-5. Power to regulate commerce- Treaties regulating commerce. Commerce with foreign nations. Embargoes. Importation of Slaves. 136. Commerce among the several States. 137. Commerce with the Indians. 138. Navigation laws. 139. Power to naturalize aliens- 140. Privileges of citizens. 141-3. How aliens may become citi- zens. 145. Power to enact bankrupt laws. 146-8. Bankrupt laws. 149. Bankrupt laws of a State. 150. Coining money. Currency. 151-2. Prohibition on the several States. 153. Counterfeiting the securities of the United States. 154. Weights and measures. 155. Post offices and post roads. 156. Copy rights and patent rights. CONTENTS. 157. Piracies and felonies on tlie Mgli seas. 158-61. Crimes and offences against the law of nations. 162. Offences against the law of nations. 163-4. Power to declare war. 165. Prohibition on the several States. 166. Array and nary. Prohibition on the several States. 167. Military Academy. 168-74. Power as to the militia. To call out. To organize and discipline. To arm and govern. 175-6. Seat of Government. Legislation over District of Columbia, &c. 177-9. Treason and the punishment thereof. 180-1. Territory and other property of the United States. 182. Power to purchase and acquire foreign territory. 183. Legislation over public territory and property. 184-6. Territorial Governments. 187. Admission of new States into the Union. 188. Guaranty of republican form of government to every State. 189. New States out of territory ac- quired of a foreign nation. 190. Restriction of slavery as to ad- mission of new States. 191. Admission of a foreign country as a State. 192. General provisions as to the powers of Congress. 193. State acts and records, their ef- fect in other States. Acts of Congeess. Laws of the United States. 194. How laws may originate in Congress. 195. How laws of the United States may be enacted. 196-7. Every bill, &c. , to be present- ed to the President of the United States. His approval or disapproval. 198-9. The mode of proceeding, in enacting laws, in Congress. 200-2. Authority of Acts of Congress. Eepeal thereof. 203-5. When they take effect. 204-9. Maybe declared unconstitu- tional and void. CHAPTER IV. Of (he poicers prohibited to Congress government. and the federal 1-3. Of powers prohibited, in general. 4-7. As to the importation of slaves. Importation of slaves from foreign countries punished as piracy. 8-9. As to the writ of habeas corpus. Explanation of the writ. 10-12. As to hills of attainder. Explanation. 13. As to ex post facto laws. Explanation. 14. As to taxes or duties. Capitation or direct taxes to be in proportion to the nu-mber of taxables, &c. 15. No tax on exports. 16. No preference of one State over another. 17. As to drawing money from the treasury. 18. Appropriations for raising and supporting armies. 19. As to titles of nobility. 20. As to the establishment of reli- gion, and the exercise thereof. 21. As to the freedom of speech and of the press. 22. As to the right of petition. 23. General provision of the federal Constitution as to powers not delegated. CONTENTS. XI CHAPTER V. Of the powers prohibited to the several States. 1. Of the prohibitions, in general. 2-4. The prohibition express, or im- plied, absolute or qualified. 5-7. Powers in general Government exclusive or concurrent, 8. State law contrary to federal Constitution void. 9. Making treaties or alliances, 10. Engaging in war, &c. 11. Keeping troops, &c. 12. Coining money, or emitting bills of credit, &c. 13-5. Laws impairing contracts, con- struction of this prohibition. 16. Ex post facto laws, 17. Bills of attainder. 18. Titles of nobility. 19. Duties on imports or exports. 20. Duties on tonnage. 21. Fugitives from justice. CHAPTER VI. Of certain special rights and privileges, expressly secured to the several States, and the citizens thereof, by the federal Constitution. 1-4. Nature of these rights and principles. 6-6. As to the public acts and records of each State. 7. Rights of citizens of each State in the others. 8-9. As to fugitives from justica. 10. As to fugitives from labor or service. 11. As to a republican government in each State. 12. Protection of each State against invasion ; against domestic vio- lence. CHAPTER VII. Of certain general principles and declarations of rights, con- tained in the federul Constitution. 1-7. Nature and object of these pro- visions, their authority and force. 8, Writ of habeas corpus. 9. Trial by jury. 10. Searches and seizures. 11. Warrants. 12. Trial by indictment. 13. The rights of an accused person, to be informed of the cause of his accusation. To be confronted with the wit- nesses against him. To have process for his witnesses. To have the aid of counsel. Not to be twice put in jeopardy of life or limb. 13. Not compelled to be witness against himself. 14. Protection by "due process of law " 15. Excessive bail. 16. Excessive fines and cruel punish- ments. 17. Security of private property. 18. Right of the people to bear arms. 19. Quartering of soldiers upon pri- vate persons. 20. Reservation of powers to the States respectively, or to th« people. CONTENTS, CHAPTER YIIL Of the President of the United States, Vice President, Execu' tice officers. 1-7. Executive department of fed- eral government, in general. 8. Qualifications for President. 9. Mode of election. Presidential electors. Qualifications. 10. Appointment or election, 11. Time of choosing. 12. Time of their voting. Electoral Colleges. Vacancy therein. 12-4. Mode of their voting, 15-6. When the House of Represen- tatives is to elect. 17. When no election, Vice President to act as President. 18. Time foT opening votes of electors &c. 19. Provision in case of no election or choice of President or Vice President. New election. 20. Duration of office, 21. Re-election. 22. Oath of office. 23-4. Compensation. 25. Power as to the army and navy, 26-7. Power as to the militia. 28-9. Power of pardon and reprieve, 30-1. Consulting power. 32-4. Power as to treaties. 35-9. Power as to appointments to office. 40^. As to removal of officers. 45-6, Power as to bills of Congress; Ms veto power, 47. Power to convene Congress. 48- Power to adjourn Congress. 49. Duty to give information to Congress. 50. Power to receive ambassadors. 51-2. To take care that the laws be faithfully executed. 53. Impeac hm ent of the President. 54-6. Vacancy in office, how filled. Vice Peesident of the United States, §7, Election of- 58. Qualifications, 59. Term of office. 60. Compensation. 61. To be President of the Senate. 62. When to act as President of the United States. 63. Impeachment. 64. Vacancy in office, how filled. Failure to elect or choose. Executive officers of the United* States. 65. Officers classed as executive and judicial. And the executive, as civil and military. 66. Officers, how created- 67-70. Appointment, and removal of, 71-72. Commissions. 73. As to religious tests. 74. Oath of office. 75. Impeachment. Executive Depaetment, 76. 77, Heads of Departments. Appointment. Cabinet of the President of the United States. State Department. 78. Treasury Dep-artment. 79-81. Design and nature. Officers and clerks- 82. War Department. 83. Navy Department. 84. Armies. 85. Post Office Department. 86. Ambassadors, &g, 87. Consuls. 88. Department of the Interior. 89-91. Districts of the States, and officers therein. 92, Titles of office, 93. Territorial Government. 94-5. Provisions relative to executive officers and clerks,- CONTENTS. :iiii CHAPTER IX. Of the Judiciary of the United States. i. The judicial power of the federal government. 2. Nature and powers of the judicial department. 3. A co-ordinate department. 4. Jurisdiction, in general. 5-6. Power to declare a law or act of government void as unconsti- tutionaL 7. Decision of the Supreme Court on constitutional questions final. 5. Federal judiciary the authorized interpreter of the constitution. 9. The judiciarj-- a check upon the other departments and the State governments. 10. Independence of judiciary. 11-2. Jurisdiction, in general. 13-6. Jurisdiction civil or criminal, original or appellate. 17-21. Mode of exercising appellate jurisdiction. 22. Facts tried by a jury not to be re-examined. 23-32. Classes of eases to which the judicial power of the United States extends. 33. Criminal jurisdiction of the courts of the United States- 34. Classes of offences against the United States. 35. Civil jurisdiction of the federal courts. 36. Jurisdiction exclusive or con- current. 37. Power to issue judicial writs. 38. The common law, in the federal courts. 39. Trial by jury. 40. Rights of accused persons. 45 46 41-2. The courts of the United States, in general. 43. The several federal courts. 44. Distribution of the judicial au- thority. The Senate a court of justice, in the trial of impeachments. Judges of the federal courts how appointed. 47-8. Tenure of office. 49-51. Compensation. 52. Impeachment. 53-76. Supreme Court of the United States, organization and jurisdic- tion. It decision final on constitutional questions. 77-82. Circuit courts of the United States, their organization and jurisdiction. 83-6. District Courts of the United States. 87. Courts in the Territories of the United States. 88. Courts in the District of Cali- fornia. 89. Court of Claims. 90-1- Attorneys and counsellors-at- law. 92. Attorney General of the United States. 93. District Attornys of the United States, 94-7. Marshals. 98. Graols and prisons^ 99. Court houses. 100-2. Jurisdiction of State courts and magistrates under Acts of Congress. CONTENTSo PART THE SECOND OF THE GOVERNMENTS, IN GENERAL, OF THE SEVERAL STATES. CHAPTER I. Of the governments, in general, of the several States. 1. Eacli State has a gotemment 18. within itself. 2. Each State to be considered in 17. respect to its relations to the 18. Union and to every other State. 3. Each State a republic. 4. General principles of government 19. in each State. 5. Principle as to the end of govern- 20. ment. 6. Principle of representation. 21, 7. When the several States became independent. 22. 8. Each State has a written Consti- 23. tution. 9. The nature of the relations of the 24. States to the general government, and to each other. 10. Powers of government reserved to the States severally. 25. 11. Powers prohibited to the States, and the people. 26. 22. A State cannot nullify a constitu- 27. tional Act of Congress. 13. Certain obligations and conces- sions of the several States, to 28. each other State. 14. The objects, in general, of the 29, general government and of the several State governments res- pectively. lb. A State cannot secede from the Union« The States not foreign to each other. Each State, how far sovereign. The nature and principles of th© Constitutions of the several States. Separation of the departments of government. Classification of the provisions of the State Constitutions. The State governments of limited powers. Rule of constriaction. Powers concurrent with those of the general government. Powers of government distributed among three departments ; the legislative, executive and judi- cial. The departments independent of each other. The departments co-ordinate. Each department the representa- tive of the people, deriving its power from them. Constitutional questions to be decided by the judiciary. Alteration and amendment of a State Constitution. Constitutional provisions rela- tive thereto. Principles relative thereto. CONTENTS. CHAPTER 11. Of the municipal law, in general, of the several States. 10. 11. 12. 13. 14. 15. 16. Municipal law, defined. Written or statute law. Constitutions. Treaties. Statutes. Statutes, public or private. When a statute takes effect. The latest statute takes effect. Repeal of a statute which repeal- ed another. A statute may be declared uncon- stitutional and void. Common or unwritten law, de- fined. Its application in this country. Equity, or chancery law. Its adoption in this country. The law of nations defined. Part of the law of this country. Divisions, and definitions, in law. 17. Rights and wrongs. 18. Rights of persons, and rights of things. 19. Private wrongs and public wrongs. 20. Persons natural and artificial. 21. Personal rights, absolute or rela- tive. 22. Absolute rights ; personal liberty, personal security and personal property. 23. Persons, public or private. 24. Corporations, definition. 25. Aggregate and sole. 26. Ecclesiastical and lay. 27. Eleemosynary and civil. 28. Public and private. 29. Cases of private corporations. 30- Leading properties of a corpora- tion. 31. Corporation, how created. 32. Power of Congress to create a corporation. 33. Persons, adults and infants. 34. Persons, males and females. 35. Citizens and aliens. Free colored persons. 37. Slaves. Division of Time. 38. A year, in law. 39. A month, in law. 40. A day, in law. 41. Territorial divisions, in general. CHAPTER III. Of the Declaration of Bights, in a State. 1. Definition. 2. Nature of these rights. 3. Declarations of these rights, how made. 4. From the earliest period. 5. Declaration of Independence. 6. Such rights, how declared in the Constitution of the United States. 7. Authority and force of such Bills of Rights. 8. The olajects, in general, of such Bills of Rights. 9. Their importance. 10. Equality of rights- 11. Declared in the Declaration of Independence. 12. Origin and object of civil govern- ment. 13. Importance of fundamental prin- ciples. 14. Supreme power of the people. 15. Internal government and police of a State. 16. Distribution of the powers of go- vernment. 17-8. Religious liberty and rights of conscience, 10. As to taking oaths. 20. As to afiinnations, in law. 21. Religious tests. 22. Religious toleration. 23-5. Hereditary titles and privileges. CONTENTS. 26. Liberty of speech and the press. 27-8. Law of libels. 29. Eight of the people to assemble. 30. Right of petition. 31-2. Security of property from pub- lic use- 33-4. The right of eminent domain in a government. 35. Private property and vested rights inviolable. 36. Security of contracts. 37. JEx post facto laws. 38. Bills of attainder. Attainder. 39. Habeas corpus. 40. Warrants, searches and seizures. 41. Bail, in criminal cases. 42. Indictments. 43. Eight of the accused in criminal cases. 44. Treatment of persons in gaol. 45. Trial by jury. 46. No commission of Oyer and Terminer. 47. Fines and punishments. 48. Hearing in court, in person or by counsel. 49. Right of suffrage. Elections. 50-1. Mode of voting, at elections. 52. Tenure of ofB.ce. 53. Eligibility to office. 54. Perpetuities and monopolies. 55. Corporations. 56. Banks. 57. Taxes. 58. Right to be bear arms. 59. Militia. 60. Standing armies. 61. Quartering of soldiers. 62. Martial law. 63. Subordination of military power. 64. Imprisonment for debt. 65. Education. 66. Promulgation of the laws. 67. Suspension of the laws. 68. Suits against the State. 69. Slavery and servitude. 70. Servitude and apprenticeship. 71. Administration of justice. 72. Right of emigration. 73. Right of premogerdture. 74 Entailments. 75. Reserved rights of the people. CHAPTER TV. Of the Legislatures of the several States. 1 . Legislative power in a State. 2. Vested in a Legislature, &c. 3. The two branches of a State Legislature, their powers, and mode of acting, &c. 4. The power of a State Legislature in general. 5. Power to repeal laws. 6. Number of members. 7. Apportionment of members. 8. Qualifications of members. 9. As to clergymen, &c. 10. As to persons convicted of of- fences. 11. As to duelists. 12. As to defaulting collectors of money, &:c. 13. Incompatibility of offices. Member of Congress or United States officer not eligible. 14-6. Certain State officers not eligible. 17. Election of members. 18-9. Oath of office. 20. Oaths of office in particular States. 21. Term of service. 22. Time of meeting. 23. Power to compel attendence. 24. Adjournment. 25. Privilege of members from arrest. 26. Freedom of speech or debate. 27. Compensation of members. Separate powees and duties of each House. 28. Greneral powers and privileges. 29. To judge of the election and qualifications of its members. 30. Quorum. 31. Officers. 32. Rules of proceeding. 33. Power to punish its members. CONTENTS. 34. Expiilsion of members. 35. Contempt. 36. To sit with open doors. 47. Journal. 38. Yeas and nays. 39. Originating of laws. Prohibitions on members. 40. Adjournment. 41. Vacancies. 42. Right of protest. General duties and powers of the State Legislatukes. 43. Powers and duties declared by the State Constitutions. 44. Their powers only limited. 45. Restrictions of their powers. 45. Limitations of their powers by the federal Constitution. 46. Their powers granted, express or implied. Their powers, how granted, in the State Constitutions. 47. The limitations of their powers, how made. 48. Rule of construction as to their powers. 49. Their powers derived from general legislative authority, or specific- ally granted. 50. The general and necessary powers of a Legislature. 51. How powers are prohibited to the Legislatures. 52. What powers exercised by them concurrently with Congress. 53. Relations of a State to the general government and to national ob- jects. 54. Rules of construction as to the powers of Congress and State Le- gislatures. 79. Election of Senators and Repre- sentatives in Congress. Appointments to office. Impeachments. Originating of laws. Revenue : Taxes. Objects of taxation. Appropriation of money. State debts and loans. Corporations. Currency. Banks. Treasury, State Treasurer. Education. Diffusion of knowledge. Benevolent asylums, and institu- tions. Lotteries. Divorces. Rights of married women. Debtor's property. Homestead. Interest for money: Usury. Private laws. Suits against the State. Taking private property for public use. Slaves. Servants. Free negroes and mulattoes. Entailments. Right of primo- geniture. Dueling. Arbitration. Internal improvements. Right of accused persons. Rejected bills in the Legislature Titles of laws. Power of the Governor or Coun cil, as to legislation. Mode of enacting laws. Publication of the laws of a State Evidence thereof. Promulgation of the laws. Revision of the laws. Amendments of the Constitu tion. STlll CONTEXTS. CHAPTER V. Of the Governors and executive dex)artments of the several States. 1. Executive department of a State. 2. Its nature and objects. 3. Vested in a Governor of tlie State. 4. Executive Councils. 5. Executive department possessed of limited powers. 6. Tlie Governor the representative and organ of tlie State. A State administration. Election of a Governor. Ele-ctioa of Executive Council. Term of office of a Governor. Qiialifications. Compensation. 13^. Duties and powers in general. 15. Duty and power as to tlie Legis- lature. Power as to Legislation ; veto power. Communications to tlie Legisla- lature ; messages. 16 17. IS. Consulting power. 19. Military power. 20. To be conservator of tlie peace, i 21. Power of appointment to office. 22. Power to remove officers. 24. Power in case of vacancies in Con- gress. 25. Fugitives from justice. 27. Impeaclunent and removal from office. 28. Registry of tlie acts and proceed- ings of a Governor. 26. Authentication of his acts. 30. Power of Legislature as to Ms acts. 31. Secretary of a Governor. 32. Vacancy in the office. 33. Lieutenant-Governor. 34. Executive departments of a State. CHAPTER YI. Of the Courts and Judiciary of a State. 1. The judiciary a part of the gov- ernment of a State. 2. Judicial department distinct from the others. 3. Co-ordinate and independent. 4. Nature of its powers- 5. Its powers vested in the courts of justice. 6. Courts of record and not of record. 7. Courts of civil jurisdiction and of criminal jurisdiction. 8. Courts of equity or chancery ju- risdiction. 9. The ordinary courts in a State. 10. Organization of appellate or revi- sory courts. 11. Organization of courts of Com- mon Pleas, or county courts. 12. Jurisdiction of State courts under the laws of the TT. States. 13. State courts may treat laws of the U. States or a State, as unconsti- tutional and void. 14. Appeal from a State court to the Supreme Court of U. States. 15. Concurrent jurisdiction of federal and State courts. 16. Federal courts within a State. 17. Constitutional principles in the administration of justice. IS. Judses of courts. Appointment. IS. Term of office. 20. Incompatibility of office. Restric- tions as to being attorney or counsel. 21. Salaries. 22. Impeachment. 23. Removal from office. 24. Duty as to giving opinions to the Legislature. 25. Required to file reasons for opi- nions. 26. Justices of the Peace. CONTENTS. xix 27. Aldermen. the 28. Prothonotaries and clerks of the courts. opi- 29. Attorneys at law. 30. Sherifls and Coroners. 31. Constables. CHAPTER VII. Of a State and State officers ; and counties, townshi^is, cities and boroughs, and the officers thereof. 1. A State as a government is a mu- nicipal body politic. 2. State Seal. 3. Prosecutions at law. 4. Process. 5. Citizens of a State ; Immigrants. 6. Oath of allegiance. 7. Census and enumeration of in- habitants. OFFICERS IN GENERAL. 8. Appointment and election. 9. Constitutional offices. 10-1. Offices established by law. 12. Vacancies, how filled. 13. Classification of officers. 14. Qualifications for office. 15. Duelist disqualified. 16. Religious Sentiments. 17. Bribing at elections. 18. Disqualification from crime. 19. Clergymen disqualified for office. 20. Qualifications of electors ; right of suffrage- 21. Privilege of electors. 22. Elections. 23. Oaths of office. 'M. Term and duration of office. 25. Commissions. 26. Incompatibility of offices. 27. Re-eligibility to office. 28. Impeachment. 29. Removal from office. STATE AND STATE OFFICERS. 30. State officers, nature of offices, civil or military ; judicial. 31. General executive department of a State government. State admi nistration. 32. Taxation and revenue. 33- State loans and stocks. 34. Secretary of State ; Deputy Se- cretary of State. 35. State Treasurer. 36. State Auditor or Comptroller. 37-8. Land office. 39. Commissioners of Canals and Railroads. 40. Superintendent of Common Schools. 41. Military affairs. COUNTIES AND COPNTY OFFICERS. 42. Territorial divisions of a State. 43. Counties, how formed. Counties are bodies politic. 44. County taxes and expenditures. 45. Courts of justice. 46. County officers. 47. County Commissioners or Trus- tees. 48. County Treasurer. 49. Register, Recorder of Deeds. 50. Sherifi' and Coroner. 51. Prosecuting Attorney. 52. Directors of the Poor. 53. County Surveyors. 54. County Auditors. 55. Notaries Public. TOWNSHIPS AND TOWNSHIP OFFICEES. 56. Townships, how erected. 57. Townships bodies politic. XX CONTENTS. 58, 59. 60. 61. 62. 63. 64. 65. 66. 67. 69. 70. Township officers. Election. Eligibility. Oath of office. Township taxes- Trustees, Selectmen, Supervisors. Supervisors of Roads. Directors of the Poor. Assessors of Taxes. Collectors of Taxes. Township Clerk. School Directors. Common Schools. Township Auditors. Justices of the Peace. 71. Constables. 72. Incorporation. Government. Ter- ritorial divisions. 73. City officers. 74. State and county officers. 75. Mayor ; Mayor's Court. 76. Aldermen. 77. Officers of a borough. Incorpora- tion. CONSTITUTION OF THE UNITED STATES OF AMERICA, WE, the people of the United States, in order to form a more perfect Union, establish justice, insure domestic tranquillity, provide for the common defence, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America, ARTICLE I. Section I. All legislative powers, herein granted, shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives. Section II. — 1. The House of Representatives shallbe compos- ed of members chosen every second year, by the people of the several States ; and the electors in each State shall have the qualifications "equisite 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 maybe included within this Union, according to their respective numbers, which shall be determined by adding to the whole number of free persons, including those bound to service for a term of years, and excluding Indians not taxed, three-fifths of all other persons. The 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 Re- presentatives shall not exceed one for every thirty thousand, but each State shall have at least one Representative ; and, until such 2§ coNSTirmoN or the enmneration shall be made, the State of ^N'ew Hampshire shall be entitled to choose three, Massachusetts eight, Rhode Island and Providence Plantations one, Connecticut five, Xctv York six, Xew Jersey four, PennsTlrania eight, Delaware one, Maryland six, Virginia ten, l^Corth Carolina five, South Carolina fire, and G-eorgia three. 4. When vacancies happen in the representation from any State, the executive authority thereof shall issue writs of election, to fill such vacancies. 5. The House of Representatives shall choose their Speaker, and other ofl&cers, and shaU have the sole power of impeachment. Section III. — 1. The Senate of the United States shaU be composed of two Senators from each State, chosen by the legisla- ture thereof for six years ; and each Senator shall have one vote. 2. Immediately after they shall be assembled, in consequence of the fii'st 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 resigna- tion, 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. ']So person shall be a Senator, who shall not have attained to the age of thirty years, and been nine years a citizen of the TJnited States, and who shall not, when elected, be an inhabitant of that State for which he shall be chosen. 4. The Tice President of the United States shall be President of the Senate, but shall have no vote, unless they be equaJly divided. 5. The Senate shall choose their other officers, and also a President pro tempore, in the absence of the Tice 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 impeach- ments. When sitting for that purpose, they shall be on oath or af&rmation. When the President of the United States is ti-ied, the Chief Justice shall preside. And no person shall be convicted without the concurrence of two-thirds of the members present. 7. Judgment in cases of impeachment, shall not extend further than to removal from office, and disqualification to hold and enjoy any office of honor, ti'ust 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. UNITED STATES. 23 Section IV. — 1. The times, places aud manner of holding elections for Senators and Representatives, shall be prescribed in each State, by the legislature thereof; but the Congress may at any time, by law, make or alter such regulations, except as 'to the places of choosing Senators. 2. The Congress shall assemble at least once in every year, .ind such meeting shall be on the first Monday in December, unless they shall, by law, appoint a different day. Section Y. — 1. Each House shall be the judge of the election, returns and qualifications of its own members, and a majority of each shall constitute a quorum to do business ; but a smaller num- ber may adjourn from day to day, and maybe authorised to compel the attendance of the 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 behaviour, and, with the con- currence of" two-thirds, expel a member. 3. Each House shall keep a journal of its proceedings, and from time to time publish the same, excepting such parts as may, in their judgment, require secrecy ; and the yeas and nays of the members of either House, on any question, shall, at the desire of one-fifth of those present, be entered on the journal. 4. Neither House, during the session of Congress, shall, with- out the consent of the other, adjourn for more than three days, nor to any other place, than that in which the two Houses shall be sitting. Section VI. — 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 breach of the peace, be privileged from arrest during their attendance at the session of their respective Houses, and in going to, and returning from the same ; and for any speech or debate in either House, they shall not be questioned in any other place. 2. No Senator or Representative shall, during the time for which he was elected, be appointed to any civil oSice under the authority of the United States, which shall have been created, or the emoluments whereof shall have been increased, during such time ; and no person holding any office under the United States, shall be a member of either House, during his continuance in office. Section VII. — 1. All bills for raising revenue shall originate in the House of Representatives ; but the Senate may propose or concur with amendments, as on other bills. 24 CONSTITUTION OF THE 2. Every bill, wMch shall hare passed the House of Repre- sentatires and the Senate, shall, before it become a la^v, be pre- sented to the President of the United States ; if he approve, he shall sign it ; but if not, he shall return it, with his objections, to that House in vrhich it shall have originated, who shall enter the objections at large on their journal, and proceed to re-consider it. If, after such re-consideration, two-thirds of that House shall agree to pass the biU, it shall be sent, together with the objections, to the other House, by which it shall likewise be re-considered, and, if approved by two-thirds of that House, it shall become a law. But in aU 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 joui'nal of each House, respectively. K any bill shall not be returned by the President within ten days (Sundays excepted,) after it shall have been presented to him, the same shall be a law in like manner as if he had signed it, unless the Congress, by their adjournment, prevent its return, in which case it shall not be a law. 3. Every order, resolution or vote, to which the concurrence of the Senate and 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 re-passed by two-thirds of the Senate and House of Re- presentatives, according to the rules and limitations prescribed in the case of a bill. Section YIII. The Congress shall have power : 1. To lay and collect taxes, duties, imposts and excises, to pay the debts, and provide for the common defence and general welfare of the United States ; but all duties, imposts and excises, shall be uniform throughout the United States ; 2. To borrow money on the credit of the United States ; 3. To regulate commerce with foreign nations, and among the several States, and with the Indian tribes ; 4. To establish an 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 respective writings and discoveries ; 9. To constitute tribunals inferior to the Supreme Court ; UNITED STATES. 25 10. To define and punish piracies and felonies committed on the high seas, and offences against the law of nations ; 11. To declare war, grant letters of marqne 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 the government and regulation of the land and naval forces ; 15. To provide for calling forth the militia to execute the laws of the Union, suppress insurrections, and repel invasions ; 16. To provide for organizing, arming and disciplining the mi- litia, and for governing such part of them as may be employed in the service of the United States, reserving to the States, respective- ly, the appointment of the officers, and the authority of training the militia according to the discipline prescribed by Congress : 17. To exercise exclusive legislation, in all cases whatsoever, over such district (not exceeding ten miles square,) as may, by ces- sion of particular States, and the acceptance of Congress, become the seat of the government of the United States ; and to exercise like authority over all places, purchased by the consent of the legis- lature of the State in which the same shall be, for the erection of forts, magazines, arsenals, dock-yards, and other needful buildings ; and 18. To make all laws which shall be necessary and proper, for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the government of the United States, or in any department or oQicer thereof. Section IX. — 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 sus- pended, unless when in cases of rebellion, or invasion, the public safety may require it. 3. No bill of attainder or ex post facto law shall be passed. 4. No capitation, or other direct tax, shall be laid, unless in proportion to the census, or enumeration, herein before directed to be taken. 5. No tax or duty shall be laid on articles exported from any State. No preference shall be given, by any regulation of com- merce 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 pav duties in another. 3 26 CONSTITUTION OP THE 6. Xo money sliall be drawn from the treasury, but in conse- quence 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. T. Xo title of nobility shall be granted by the United States ; and no person holding any office of profit or trust under them, shall, Ts-ithout the consent of the Congress, acce^Dt of any present, emolument, office or title, of any kind whatever, from any king, prince or foreign State. Section X. — 1. Xo State shall enter into any treaty, alliance or confederation ; grant letters of marque and reprisal ; coin money; emit bills of credit ; make any thing but gold and silver coin a tender in payment of debts ; pass any bill of attainder, ex post facto law, or law impairing the obligation of contracts ; or grant any title of nobility. 2. Xo State shall, without the consent of the Congress, lay any imposts or duties on imports or exports, except what may be abso- lutely necessary for executing its inspection laws ; and the nett pro- duce 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. Xo State shall, without the consent of the Congress, lay any duty on tonnage, keep troops or ships of war in time of peace, enter into any agreement or compact with another State, or with a foreign power, or engage in war, unless actually invaded, or in such imminent danger as will not admit of delay. ARTICLE II. Sectign I. — 1. The executive power shall be vested in a Presi- dent of the United States of America. He shall hold his office during the term of four years, and, together with the Yice Presi- dent, chosen for the same term, be elected as follows : 2. Each State shall appoiut, in such manner as the legislature thereof may du'ect, 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. The electors shall meet in their respective States, and vote by ballot for two persons, of whom one at least shall not be an in- habitant of the same State "\^ith themselves. And they shall make a list of all the persons voted for, and of the number of votes for tTNITED STATES. 27 'each 5 wMch list tliey shall sign and certify, and transmit, sealed, to the seat of the goyernment of the United States, directed to the President of the Senate. The President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates, and the votes shall then be counted. The person having the greatest number of votes shall be the President, if such number be a majority of the whole number of electors appointed,- and if there be more than one who have such majority, and have an equal number of votes, then the House of Representatives shall immediately choose, by ballot, one of them for President; and if no person have a majority, then, from the five highest on the list, the said House shall, in like manner, choose the President. But in choosing the President, the votes shall be taken by States, the representation from each State having one vote : A quorum for this purpose shall consist of a member or members from two-thirds of the States, and a majority of all the Sfates shall be necessary to a choice. In every case, after the choice of the President, the person having the greatest number of votes of the electors shall be the Vice President. But if there should remain two or more, who have equal votes, the Senate shall choose from them, by ballot, the Vice President. [ This clause altered and supplied by the Xllth Amendment. ] 4. The Congress may determine the time of choosing the elec- tors, and the day en which they shall give their votes, which day shall be the same throughout the United States. 5. No person, except a natural born citizen, or a citizen of the United States at the time of the adoption of this Constitution, shall be eligible to the office of President ; neither shall any person be eligible to that office, who shall not have attained to the age of thirty-five years, and been fourteen years a resident within the United States. \_So also as to the Vice Presidxrd. See Xllth Amendment.^ 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 inability, both of the President and Vice President, declaring what officer shall then act as President, and such officer shall act accordingly, until the disability be removed, ■or a President shall be elected. 7. The President shall at stated times, receive for his services a •coiftpensation, 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 following oath or affirmation : 2'B^ CONSSTTTITION OF THE" " I do solemnly swsar (or affirm) that I will faitlifiTlly execnte- the office of President of the United States, and will, to the best of my ability, preserve, protect and defend the Constitution of the United States," Section II, — I. The President shall be commander-in-chief of the army and navy of the United States, and of the militia of the several States, when called into the actual service of the United States } he may require the opinion, in -writing, of the principal officer in each of the executive departments, upon any subject re- lating to the duties of their respective offices ; and he shall have power to grant reprieves and pardons for offences against the United States, except in cases of impeachment. 2. He shall have power,, by and with the advice and consent of the Senate, to make treaties, provided two-thirds of the Senators present concur : and be shall nominate, and, by and with the ad- vice 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 President 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 happen during the recess of the Senate, by granting commis- sions,, which shall expire at the end of their next session. Section III. He shall, from time to time, give to the Congress- information of the state of the Union, and recommend to their con- sideration such measures as he shall judge necessary and expedient ;. he may, on extraordinary occasions, convene both Houses, or either of them, and, in case of disagreement between them, with respect to the time of adjournment, he may adjourn them to such time as he shall think proper: he shall receive ambassadors, and othe? public ministers ; he shall take care that the laws be faithfully ex- ecuted, and shall commission all the officers of the United States. Section IV. The President, Yice 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, ARTICLE IIL Section I. The judicial power of the United States shall be ■rested in one Suprem.e Court, and in such inferior courts as the TJNITED STATES. 29 Congress may, from time to time, ordain and establish. The judges, both of the supreme and inferior courts, shall hold their offices -during good behaviour, and shall, at stated times, receive for their services a compensation, which shall not be diminished during their continuance in office. Section II. — 1. The judicial power shall extend to all cases in law and equity, arising under this Constitution, the laws of the United States, and treaties made, or which shall be made, under their authority ; to all cases affecting 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 all eases affecting ambassadors, other public ministers and consuls, and those in which a State shall be a party, the Supreme Court shall have original jurisdiction. In all the other cases before mentioned, the Supreme Court sha,ll 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 eases of impeachment, shall be by jury ; and such trial shall be held in the State where the said crimes shall have been committed ; but when not com- mitted within any State, the trial shall be at such place or places as the Congress may by law have directed. Section III. — 1. Treason against the United States shall consist only in levying war against them, or in adhering to their enemies, giving them aid and comfort. No person shall be con- victed 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 bloody jot forfeiture, except during the life of the person attainted. ARTICLE IV. Section I. Full faith and credit shall be given in each State to the public acts, records and judicial proceedings of every other State. And the Congress may, by general laws, prescribe the manner in which such acts, records and proceedings shall be proved, and the effect thereof Section II. — 1. The citizens of each State shall be entitled to ail privileges and immunities of citizens in the several States. 3* so CONSTITUTION OF THE 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 fled, be delivered up, to be removed to th-e State having jurisdiction of th« crime. 3. JSTo person held to service or labor in one State, under the laws thereof, escaping into another, shall, in consequence of any law or regulation therein, be discharged from such service or labor, but shall be delivered up, on claim of the party to whom such service or labor may be due. Section III. — 1. Kew States may be admitted by the Con- gress 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 pro- perty, belonging to the United States ; and nothing in this Consti- tution shall be so construed, as to prejudice any claims of the United States or of any particular State. Section IY. 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 legisla- ture, or of the executive, (when the legislature cannot be con- vened,) agauist domestic violence. ARTICLE Y. The Congress, whenever two-thirds of both Houses shall deem it necessary, shall propose amendments to this Constitution, or, on the application of the legislatures of two-thirds of th« several States, shall call a Convention for proposing amendments, which,, in either case, shall be valid, to all intents and purposes, as part of this Constitution, when ratified by the legislatures of three- fourths of the several States, or by Conventions in three-fourths thereof, as the one or the other mode of ratification may be pro- posed by the Congress : Provided, That no 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, with- out its consent, shall be deprived of its equal suffrage in the Senate. ARTICLE YI. 1. All debts contracted, and engagements entered into, before UNITED STATES. 31 tha adoption of this Constitutiou, 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 whicli shall be made in pursuance thereof, and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land ; and the judges in every State shall be bound thereby, anything in the Constitution or laws of any State to the contrary notwithstanding. 3. The Senators and Representatives before mentioned, and the members of the several State legislatures, and all executive and judicial officers, both of the United States and of the several States, shall be bound, by oath or 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 YII. The ratification of the Conventions of nine States shall be suf- ficient 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, In witness whereof, we have hereunto subscribed oui" names. GEORGE WASHINGTOIS", President, and Deputy from Virginia. Pennsylvania. Virginia. Benjamin Franklin, John Blair, Thomas Mifflin, Robert Moms, George Clymer, Thos. Fitzsimons, Jared Ingersoll, James Wilson, Gouverneur Morris New Hampshire. John Langdon, Nicholas Gilman. Massachusetts. Nathaniel Gorhan, Rufus King. Connecticut. Wm. Sam'l Johnson, Roger Sherman. Delaivare New York ^®°^«® ^®^^' Mew YorL. Gunning Bedford Jr Alexander Hamilton. John Dickinson, New Jersey. Richard Bassett, William Livingston, ^^^^'^ ^^"^o"^- David Brearly, William Patterson, Jonathan Davton. Maryland. James M'Henry, Dan. St. Tho. Jenifer, Daniel Carroll. Attest — WiLLTAii Jacksox, Secretary. James Madison, jun. North Carolina. William Blount, Rich'dDobbsSpaight, Hugh Williamson. South Carolina John Rutledge, C. Cotesworth Pinkney, Charles Pinkney, Pierce Butler. Georgia. Willam Few, Abraham Baldwin. 32 CONSTITUTION OF THE AMENDMENTS. The following articles proposed by Congress, in addition to, and amendment of the Constitution of the IJnited States, having been ratified by the Legislatures of thi-ee -fourths of the States, are become a part of the Constitution. ARTICLE L (First Congress. Eii'st Session. March 4, 1T89.) Congress shall make no law respecting an establishment of re- ligion, or prohibiting the free exercise thereof ; or abridging the freedom of speech, or of the press ; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances. ARTICLE IL A well regulated militia beiag necessary to the security of a fi'ee State, the right of the people to keep and bear arms shall not be infriuged. ARTICLE III. iS'o soldier shall in time of peace, be quartered in any house, T\-ithout the consent of the OTviier, nor in time of war, but in a manner to be prescribed by law. ARTICLE lY. The right of the people to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures, shall not be violated ; and no warrants shall issue, but upon probable cause supported by oath or affirmation, and particular- ly describing the place to be searched, and the persons or things to be seized. ARTICLE Y. Xo person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger : uor shall any person be subject, for the same offence, to be twice UNITED STATES. 33 put in jeopardy of life or limb ; nor shall be compelled, in any criminal case, to be a witness against himself; nor be deprived of life, liberty or property, without due process of law ; nor shall private property be taken for public use, without just compensation. ARTICLE YI. 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 obtain- ing witnesses in his favor ; and to have the assistance of counsel for his defence. ARTICLE VII. In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved ; and no fact tried by a jury shall be otherwdse re-examined in any court of the United States, than according to the rules of the com- mon law. ARTICLE YIIL Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. ARTICLE IX. ' The enumeration in the Constitution of certain rights shall not be construed to deny or disparage others retained by the people. ARTICLE X. The powers not delegated to the United States by the Constitu- tion, nor prohibited by it to the States, are reserved to the States respectively, or to the people. ARTICLE XL (Third Congress. Second Session. December 2d, 1793.) 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. 34 CONSTIirTION OP THE UNITED STATES, AKTICLE XII. (Eighth Congress. First Session. October Itth, 1803.) The electors shall meet in their respective States, and vote by ballot, for President and Yice President ; one of whom at least shall not be an inhabitant of the same State vnth themselves : they shall name in their ballots the person voted for as President, and in distinct ballots, the person voted for as Yice President; and they shall make distinct lists of all persons voted for as President, and of all persons voted for as Yice President, and of the number of votes for each ; vs^hich lists they shall sign and certify, and transmit sealed, to the seat of the government of the United States, directed to the President of the Senate ; the President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates, and 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 vs^hole 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 Represen- tatives shall choose immediately, by ballot, the President ; but in choosing the President, the votes shall be taken by States, the re- presentation from each State having one vote ; a quorum for this purpose shall consist of a member or members from two-thirds of the States, and a majority of all the States shall be necessary to a choice ; and if the House of Representatives shall not choose a President, whenever the right of choice shall devolve upon them, before the fourth day of March nest following, then the Yice Presi- dent shall act as President, as in the case of the death or other constitutional disability of the President. The person having the greatest number of votes as Yice President shall be the Yice Presi- dent, 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 Yice President ; a quorum for the purpose shall consist of two-thirds of the whole number of Senators, and a majority of the whole number shall be necessary to a choice. But no person constitutionally ineligible to the office of President, shall be eligible to that of Yice President of the United States. OUR GOVERNMENT. PART THE FIRST. Of the Government of the United States of America* CHAPTER I. «0P THE GOVERNMENT OF THE UNITED STATES OE AMERICA^ IN GENERAL. 1. There are three simple forms of civil government; mon- archy, aristocracy, and democracy. This division is proper rather for the purposes of order and explanation, in treatises on the sub- ject of such government, than as expressive of actual systems. The principles of these theories are variously applied and com- bined in the construction of national governments, and in their administration. 2. Monarchy is the government of one chief magistrate, under ■whatever title, as king, emperor, czar or sultan. There are differ- ent kinds of monarchy. Monarchy may be despotic, where the «hief magistrate has absolute power, and rules by his simple will and pleasure ; or it may be limited, the monarch being obliged to rule in conformity to a fixed constitution of government and established laws, and where he is controlled by some other power in the State. It is hereditary, where on the decease of the king, •or other such ruler, his heir becomes his successor. It is elective, where the monarch is elected by the nobility, or the people or their representatives. 3. Aristocracy is the government of an order of nobility, the 'chief men, or a select number of persons in the State. Where it is in the hands of a very few persons it is called an oligarchy. An aristocracy may be hereditary, where each of the persons s® governing exercises his power by right of birth, and at his deatk it is held by his heir. W GorERN;srENr or the" [part r. 4. Dfemocracy is the government of the people ;. exercised! directly by themselres, or mediately throiigli tlieir representatives. These three foi-ms of government are often united and mixed ; a government being formed on principles belonging to each of them ;• or it may be so as to any two of them.- 5. A republican government is one m which the' people rule- through their representatives chosen or appointed by them for the- purpose. A. community of people with an established civil government is called, according to the nature of the government, a kingdom, an empire, a State, nation or republic. Those in which the people rule by themselves or their representatives are called free govern- ments. Where several States are united together, by compact, having' constituted a general power of government over them or their" people, in reference to some common purposes, they are called a- ©onfederation of States. NATURE AND FORM OP THE GOVERNMENT. 6. The form of government of this country is that of a Hepublic- The United States of America, as a nation, are a federal republic ; (a)' formed, at first, and constituted by all the people of the TTnited States (6) in their original and aggregate capacity ; with a general: government of limited powers, for national purposes, and operating upon the individual citizens ; the several States having separate republican governments for the regulation of their internal affairs respectively, in accoi"dance with the Constitution of the Union. T. Under the system of government of this country, the supreme- powers of government are divided between the government of the United States and the governments of the individual States. The' former, created by the federal Constitution, is a government, in the- proper sense of the term, within the sphere of its powers, as the latter, created by the Constitutions of the States, are governments, within their several spheres ; the one thus operating in all the States,- and the others separately in each State ; and there being a concur- rent operation, in certain eases, by the general government and- the several States. 8. There is a general government for the Union, having certain powers expressly declared in the written Constitution of the United States, or necessarily iniplied(c) by its provisions ; and there are the several States, the people of each State having all powers of (a) See explanation of these terms further on-, intliis chapter, par. 24-6- (b) See p. 4-2, aixl note A ii> Appeiidisv ((e) See p. 44- alL I.] XnsriTED STATES. 5*1 .-^:',-!7crRment and possessing all rights, not thus declared and im- ,plied, nor prohibited to them severally by that Constitution, nor ■jjarted with by it to the other several States. The government of ■the Union is one of enumerated powers, THE INDEPENDENCE OF THE STATES. [). The original States, formerly colonies of Great Britain, be- 't-aiue free and independent, respectively, by their Declaration cf Independence, on the fourth day of July, 1776, the birth-day of wjur national independence. The declaration, not the recognition, of our independence has universally been regarded as our national era. 10. The Declaration of Independence was made by the Congrefcs of Delegates of the united colonies. The Congress was composed -of delegates appointed by the people of the colonies, in their primary and sovereign capacity. By this Declaration of Independence all political connection be- tween those colonies and Great Britain was totally dissolved and they became free and independent States. They then, for the first .time, and by that act, assumed the name of the United States of America; the national title since that period retained and con- tinued. This Declaration was sustained by the successful defence of the States against Great Britain, in the war of the American revolution, on the termination of which their independence was acknowledged by treaty with that country, and subsequently recognised by other i ations. The thirteen original States were Virginia, Massachusetts, New Hampshire, Connecticut, Rhode Island, IN'ew York, New Jersey, Pennsylvania, Delaware., Maryland, North Carolina, South Caro- lina and Georgia. 11. "The declaration of the independence of all the colonies was the united act of all. It was a declaration by the representa- tives of the united States of America in Congress assembled ;" — "by the delegates appointed by the good people of the colonies.'' It was not an act done by the State governments then organized, nor by persons chosen by them. It was emphatically the act of the whole people of the united colonies, by the iuBtrumentality of their representatives, chosen foa' that, among other purposes. It was an act of original, inherent sovereignty by the people them- selves, resulting from their right to change the form of govern- •ment, and to institute a new government, whenever necessary far .their safety and happiness. No State had presumed of itself to form a new government, or to provide for the exigencies of the sl^vimes, without consulting the Congress on the subject ; and when 4 S8 GOYEKNJMENT OF THE [JPABT T. tliey acted, it was iu pursuance of the recommendation of Con- gress. It was therefore the acMeYement of the whole, for the benefit of the whole. The declaration af independence has ac- cordingly always been treated as an act of param-ount and sovereign authority, complete and perfect in itself, and by its own act working an entire dissolution of all political connexion with and allegiance to Great Britain ; and this, not merely as a prac- tical fact, but in a leg-al and constitutional view of the matter by courts of justice." (d) THE COLONIAL GOYEBNMENTS. 12. What was the nature of the governments of the colonies, prior to the American Revolution ? The colonies were dependencies of Great Britain, owing allegi- ance thereto ; and they had governments, in respect to their local and interior affairs, organized, and exercising power, in accord- ance with the grants, commissions, and charters issued by the British king. 13. A colony is a body of people forming a settlement in a remote province or territory, under the authority of, and to remain subject to the jurisdiction of their parent country. The title to the territory occupied by these colonies, and consi- dered to be within their boundaries, and the right of govern- ment therein, were claimed by Great Britain, on the ground of the discoveiy and settlement of that part of North America by the citizens of that nation and under its authority. Such right in re- ference to newly discovered countries was recognized in practice at that time by the nations of Europe. The colonists were subjects of Great Britian, entitled to the rights and immunities of citizens thereof, and its laws being in operation in respect to them, as far as applicable to them in their situation and circumstances. 14. There were three forms of colonial government ; viz.. Pro- vincial, Proprietary, and Charter Governments. Fi7^st. The Provincial Governments were those established by the grants or commissions of the king, in which the whole political and civil power was to be exercised under his immediate authority and control. Under them there was a Governor of the Province,, appointed by the King, as his representative or deputy, and to be governed by iastructions ;. and also a councU, appointed in the same manner, who^ besides their legislative authority, were to assist the governor in the discharge of Ms ofE.cial duties. Pro- Tiucial Assemblies were constituted, composed of the Governor^ (d) 1 Story on tlie Cons. p.. 19S=. Cn. T.] UNITED STATES. 30 council, and the representatives of the freeholders, which had the power of making local laws and ordinances, subject to the ratifica- tion or disapproval of the crown. The governor had power, with the advice of the council, to establish courts, to appoint judges, magistrates, and other officers, for the province ; to pardon of- fences, and remit fines and forfeitures ; to raise military forces for defence ; and to execute martial law in time of invasion, war and rebellion. Appeals lay to the king in council from the decisions of the highest court of judicature of the province, as indeed they did from all others of the colonies. This form of government existed in the provinces of New- Hampshire, New- York, New-Jersey, Virginia, the Carolinas, and Georgia. 15. Secondly. Proprietary Governments were those, under which the right of territory and jurisdiction was granted, by the king to one or more individuals, as proprietaries, subject to the sovereignty of the mother country. In these governments, the proprietaries were governors, or there were governors appointed by the proprietaries, and legislative assemblies were convened under their authority. There existed three Proprietary Governments at the period of the American Revolution ; viz. , those of Maryland, Pennsylvania, (e) and Delaware. 16. Thirdly. Charter Governments were those, established by the charters of the king, and under which the colonies possessed the general powers of government, including the powers of legisla- tion and taxation, within their own territorial limits ; though de- pendent upon, and subject to the realm of England. The Charter Governments existed in Massachusetts, Rhode- Island and Connecticut. In Massachusetts, the governor was appointed by the king ; the council chosen by the G eneral Assembly ; and the House of Re- presentatives by the people. In Connecticut and Rhode-Island the governor, council and assembly were chosen by the freemen of the colony, and all other officers appointed by their authority. 17. The following principles and circumstances were, notwith- standing the diversities of their organization of government, com- mon to all the colonies, (1) They enjoyed the rights and privileges of British born subjects, and the benefit of the common law of England ; and all their laws were required to be not repugnant to, but, as near as might be, agreeable to the laws and statutes of England. (2) In all the colonies local legislatures were established, one branch of which consisted of representatives of the people freely chosen. (e) See the Pennsylvarua Constitutional Manual \)J the author of this work. iO , GOVERNMENT OF THE • [PAKT I. (3) The colonies were considered, not as parcel of the realm of Great Britain, bnt as dependencies of the British crown, and owing allegiance thereto, the king being their supreme and sovereign lord. (4) The colonies had no direct political connection with each other. Each was independent of all the others ; and each, in a limited sense, was sovereign within its own territory. There was neither alliance nor confederacy between them. (5) Though the colonies were independent of each other in relation to their domestic concerns ; they were not wholly alien to each other. They were fellow subjects, and for many purposes one people. Eveiy colonist had a right to inhabit, if he pleased^ every other colony ; and as a British subject, he was capable of inheriting^ lands by descent in every other colony. The commercial intercourse of the colonies, too, was regulated by the general laws of the British empire ; and could not be restrained, or obstructed by colonial legislation. THE KEVOLUTIONAIIY GOYERNMENT. 18. The united colonies had at first a system of general govern- ment, preparatory to, and at the commencement of the American revolution. It was a national or general government, organized by the representatives of the people, the authority of which was exercised by the Congress of Delegates, or Continental Congress. It was called the "revolutionary government." The first Congress assembled in 1YT4; in 11T5 a second continental Congress met, and held its sessions during the revolutionary war ; and this go- vernment continued until the formation of the confederated govern- ment in 1781. The colonies often united together for the purpose of their de- fence and general welfare. . And agreements were early formed among them for common action in resistance against the usurj^ations and oppressions of the government of Great Britain. The Congress of IT 1 5 published a Bill of Eights; styling them- selves "The Delegates appointed by the Good People of these Colonies." In these CongTes-ses the votes were taken by colonies; the delegates fi'om each colony casting one vote. " The Congress thus assembled, (in 1114) exercised de facto and de jure a sovereig-n authority; not as the delegated agents of the governments of the colonies, but in virtue of original powers derived from the people. ' ' Thus was organized, under the auspices, and with the consent of the people, acting directly in their primary and sovereign capa- city, and without the intervention of the functionaries to whom the ordinary powers of government were delegated in the colonies, th.e CH. I.] UNITED STATES. 41 first general or national government, which has been very aptly- called "the revolutionary government, " since in its origin and progress it was wholly conducted on revolutionary principles. "As soon as the Continental Congress assumed powers and passed measures, which were in their nature national, to that extent the people, from whose acquiescence and consent they took effect, must be considered as agreeing to form a nation. " From the moment of the Declaration of Independence, if not for most purposes at an antecedent period, the united colonies must be considered as a nation de facto, having a general government over it, created, and acting by the general consent of the people of the colonies. ' ' It was the result of an examination before the Supreme Court of the United States, that the Congress, before the confederation, possessed, by the consent of the people of the United States, sove- reign and supreme powers for national purposes. "(/) THE CONEEDERATION OF THE STATES. 19. Another system of general government was afterwards adopted and used by the United States. After the declaration of independence, there was formed a con- federation of the States, under the "Articles of Confederation, " the authority of which was exercised by the Congress, as expressly delegated to it. These were adopted by the Congress of Delegates in November, nil, and finally ratified, so as to become obligatory upon all the States, in March, 1181. It was a union of the States, declared to be perpetual, ' ' for the common defence and general welfare ; but it was, in effect, only a league between the States as independent communities, acting upon their governments severally, by the terms of which the authority of their Congress of Representatives was binding upon them, but without any provision for enforcing its requisitions, or adding any sanction to its laws. The Congress consisted of delegates chosen every year by each State, not less than three nor more than seven in number ; each State to pay the expenses of its own delegates ; the votes to be taken by States, each State to cast a single vote. The expenses of the confederation, in conducting the war, and for the general welfare, were paid out of a common fund, to which contributions were made by the several States, in a proportion pre- scribed by the articles. The confederation continued from the time of the ratification of (f) See Story on the Constitution, pp. 18G, 200, 207. 42 GOVERNMENT OF THE [PART I. the articles to tlie period wlien the present Constitution went into operation. The confederation of the States did not answer the purposes designed by it. It was found, after the termination of the revolu- tionary war, to be too weak for the ends of a national government. ORIGIN AND NATURE OF THE PRESENT SYSTEM OF GOVERNMENT. 20. The present government of the United States was formed by the agreement of the people, expressed in conventions of their representatives, whereby they adopted a written constitution for the government of the people of the United States as a nation. There was thus formed a Union of the people, a government for the whole. * 21. As to its nature, in general, the authority of the govern- ment proceeds from and acts upon the peoj)le as individual citizens thereof. 22. The fundamental principle of our government is that the sovereignty or supreme power is in the people ; that it is the right of the people to make laws to govern themselves. The government is based on the fact of this right in the people. As accordant with this truth, the genius of our free institutions admits the principle of the equality of human rights, in civil affairs. It was the ruling sentiment of these principles that incited to, and effected this structure of our government, making its end to be "to establish justice, to secure the blessings of liberty, "f 23. The principle of the representation of the people is fully applied in our system of government. It is one of the leading principles in our general government, and in those of the States severally, by which the people exercise their supreme power through their representatives or delegates. It is carried out in the plan of * " To tte efficacy and permanency of your Union a government for the whole is indispensable. No alliance, however strict "bet-ween the parts, can he an adequate substitute ; they must inevitably experience the infractions and interruptions which all alliances, in all time, have experienced. Sen- sible of this momentous truth, you have improved upon your iirst essay, by the adoption of a Constitution of government better calculated than your former for an intimate Union, and for the efficacious management of your common concerns. This government, the offs]pring of your own choice, un- influenced and unawed, adopted upon full investigation, and mature deli- beration, completely free in its principles, in the distribution of its powers, uniting security with energy, and containing within itself a provision for its own amendment, has a just claim to your confidence and support." — Washington'' s Farewell Address to the People of the United States. See further on, chap. II. t " This government — completely free in its principles." — Washington's Farewell Address. — en. I.] UNITED STATES. 43 the several cle}3artments of the general government ; in different modes, according to the nature of each, thus securing by the com- bination the best practical results. All the officers of the govern- ment are the representatives or agents of the people, possessed only of delegated powers which are to be exercised for the benefit of the people. 24. The government of the United States is called a federal Republic ; because that in our political system there is a number of several republican States, having separate and independent go- vernments for local purposes ; which have particular relations to the general government, and to each other, according to the con- stitution of the Union, and which are thus united into one nation, by the act and agreement of the people. The term " federal " is derived from the Latin word fcedus, signifying a league, a confe- deracy, an alliance. 25. The Constitution of the United States is called the federal Constitution . 26. The federal government, as so called, is the government of the people of the United States, as a nation, and as distinct from the government of any particular State. THE AUTHORITY AND POWERS OF THE GENERAL GOVERNMENT, IN GENERAL. 21. The subject of the government of the United States may be perspicuously considered ; I. With regard to the particular structure and organization of the government. II. In relation to the powers vested in it ; and to the restraints imposed upon, and the rights secured to, the several States. The subject may be properly presented, as it is here proposed, in a view of the authority of the general government ; of the dif- ferent departments thereof, their organization and powers respec- tively ; and of the relations of the several States and the people thereto. 28. The general government is the government of the United States, in all its departments, legislative, executive and judicial. It is also called the national government. 29. The Union is not completely sovereign, not having supreme power for all purposes ; but it is sovereign in the exercise of the powers granted to it by the federal Constitution. 30. What is the extent, in general, of the powers of the gene- ral government? The general government is possessed of only limited powers-, as granted by the people of the United States in the federal Consti- tution, for national purposes only ; all other matters being under 44 GOVERNMENT OF THE [PART 1. the control of the State governments, or of the people of the States severally, except where it is prohibited by the federal Con- stitution. 31. Is any of the particular States sovereign? 'No single State is completely sovereign, or independent of the Union ; but eveiy State is sovereign in the exercise of its powers, consistently with the provisions of the federal Constitution. 32. In the federal Constitution the objects are stated for which it was established. They are therein declared to be : " In order to form a more perfect Union; to establish justice ; to insure domestic tranquillity; to provide for the common defence ; to promote the general welfare ; and to secure the blessings of liberty to ourselves and posterity. " Cons, of U. S., Preamble. 33. By "the powers of the general government" are meant the powers vested, by the federal Constitution, in the general government, or any department of it, or thus exercised in pursu- ance thereof. The powers of the general government, being distributed amongst its different departments, embrace the powers which may be constitutionally exercised either by any one department, or by all the departments together. A power possessed by any one de- partment must be included in the general powers of the govern- ment ; it cannot exercise a power not comprehended therein. The rules of construction which are applicable to the powers of the general government, are proper, also, in regard to the powers of any particular department of it. 34. How may the powers conferred by the federal Constitution on the general government be classed ? The powers g-ranted hy the federal Constitution are called; the enumerated powers, being the substantive and primary powers expressly specified ; and the incidental poioers, being secondary and subordmate powers necessary as means for executing or carry- ing into effect those enumerated powers : And these two classes include all the powers conferred upon the general government, as there is an implied prohibition of all other powers. In the federal Constitution the grant of powers is special, the prohibition of them general. There is also a class of powers in the federal Constitu- tion coWadi powers prohibited to the general government ; another class Cdll^A ^ooicers p)rohibited to the States severally; and another class called concurrent powers, or those which, from their nature or the language of the Constitution, may be exercised concurrently by the general government and the State governments, {g) (g) See, fuither on, the titles " Congress of the United States," chap, iii ; "Powers prohibited to Congress and'the federal government," chap, iv; and " Powers prohibited to the States sererallj," chap. v. I C'll. I.J UNITED STATES-. 45 S5. Tlte powers of the general government are either exclusive or concurrent ; (h) exercised by it only, or by it concurrently with the several States. 36. There are provisions in the federal Constitution which may be called and classed as those which expressly secure certain rights and privileges to the several States, and the citizens thereof. (^) 3*7. There are powers called reserved powers, being reserved to the States severally, or the people, by the federal Constitution, (i) The general government yiossesses only those powers which are conferred upon it as enumerated l)y the federal Constitution. All others are expressly declared to be withheld from it. None can exist by prerogative or inherent power, in any branch of it. "The powers not delegated to the TJnited States by the Consti- tution, nor prohibited by it to the States, are reserved to the States respectively, or to the people. ' ' Cons, of U. 8. , Amendments, Art. X. 38. There are what may be called the declared general prin- ciples and rights, in the federal Constitution. They are certain general principles and provisions, contained in the federal Constitution, which are restrictive of the powers of government, and declaratory of the rights of the several States and the people, (j) 39. There are certain express general provisions, in the federal Constitution, as to the delegation of powers to the general gov- ernment. ' ' The powers not delegated to the United States by the Consti- tution, nor prohibited by it to the States, are reserved to the States respectively, or to the people. " Cons, of U. 8., Amendments, Art. X. ' ' The enumeration, in the Constitution, of certain rights shall T ot be construed to deny or disparage others retained by the peo- ple. " Co7is. of TJ. 8., Amendments, Art. IX. "And nothing in this Constitution shall be so construed as to prejudice any claims of the United States, or of any particular State." Art. IV., 8ection III, 2. 40. The incidential powers are included in the express or enumerated powers, and equally delegated with them, by the federal Constitution, to the general government. 41. The laws of the United States are supreme. "The 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, (h) See chap iii., pp. 87-8. (i) See Part the First, chap. \'i. (j) See Part tlie First, chap vi. ; and as to the Declaratious or Bills of Rights ill the several States, see Part the Secoad, chap. ii. 46 GOVERNMENT OF THE [PART I. shall be the supreme law of the land." Cons, of the U. S., Art VI, sect. II. 42. What is the authority of the federal Constitution, and the Acts of Congress ; and the constitution of the several States, and the laws thereof, respectively ; in relation to each other ? They are authoritative and binding, in the following order : first, and paramount over all, the federal Constitution ; secondly, treaties and Acts of Congress ; thirdly. State constitutions ; and fourthly, Acts of the State Legislatures or laws of the States severally ; and in case of conflict, they must yield respectively to each other accordingly. 43. All federal and State officers are required to be sworn or affirmed to support the Constitution of the tinited States. ' ' The Senators and Representatives of the tFnited States, the members of the State Legislatures, and all executive and judicial officers, both of the United States and of the several States, shall be bound by oath or affirmation to support this Constitution." Cons, of U. S. Art. VI. 3. 44. What is, then, the nature of the general government, in its relations to the several States, and the people of the ITnion ? It extends over the Union, in constitutional power, as one na- tional community or body politic ; composed, not only of the peo- ple of the States, but to a certain degree of the States themselves, for the purposes of investing the States, as well as the people, with one national character, (k) Union to be perpetual. 45. The Union between the people of the several States, thus formed by the federal Constitution, is intended to be perpetual. As the government of the Union is the government of the peo- ple, it cannot be abolished or abrogated, except by their consent. 46. No State then, nor the people thereof, has a right to recede from the Union, or to dissolve the relations subsisting be- tween it and them. (Z) Allegiunce and protection. 47. The people, thus, owe allegiance and obedience to both the general government and the States respectively in which they reside. The people are at the same time citizens of the State in which they reside, and of the United States, according to the federal Constitution and the laws of the Union, and to the State constitution and laws. (h) Duer's Constitutional Jurisprudence, p. 219. See Part the Seeond, of this work, chap. i. (0 See Part II, chap. i. CH. I.] UNITED STATES. 47 With this allegiance is connected the right of protection and ])rivilege. The people of a State are entitled to the protection of the constitution and laws of the Union ; and, in general, its citi- zens to the rights and privileges secured to the citizens of the United States. The nature of this allegiance, and its relations, will be further illustrated in the progress of this work. 48. The term " The United States" means, in regard to terri- tory and jurisdiction, the whole of the nation. It is the name given to our great republic, which is composed of States and tem tories. THE SEVERAL DEPARTMENTS OP THE GENERAL GOVERNMENT. 49. The powers of the general government, which are dele- gated to it by the federal Constitution, are distributed among several distinct departments of the government. The different departments of the general government, are the legislative, executive, and judicial ; the federal Constitution specially defining the general powers and duties of each department. The just distribution of the delegated powers of government among distinct branches or departments of it, properly organized, is essential to the best system of republican government. Where the powers of government are all vested in the same hands, it is an absolute government, or despotism, in which there is no security against the abuse of power. 50. The several departments of the general government are organized in the modes prescribed by the federal Constitution. 51. The legislative power, of the general government, is vested in a Congress of the United States, composed of a Senate and a House of Representatives ; both chosen periodically, the former by the States severally, the latter by the people, (hi) 52. The executive power, of the general government, is vested in a President of the United States, elected, with a Vice-President, for a term of years, in a mode- and upon a principle which in effect combine the suffrages of the people with those of the several States, (n) 53. The judicial power is vested in a Supreme Court, and in such inferior courts as Congress may from time to time establish ; the judges holding their offices for life, unless sooner removed on conviction of misbehavior, (o) 54. These departments are co-ordinate branches, of the general government, with separate powers, acting independently of each other in the exercise of their peculiar powers respectively. (m) See Part the First, chap. iii. (n) See Part the First, chap, viii, (o) See Part the First, cliap. ix. 48 GOVERNTMENT OF THE [PABT t 55. These departments are so organized, and connected \ritli each other, by their mutual relations, and the apportionment of the powers of government among them, as that each one may be a constitutional check upon the others, and the means of keeping them within their proper spheres. 56. The judicial department has, in the due administration of justice, according to its jurisdiction, the power of interpreting the federal Constitution, and of deciding upon the validitj of the acts of the other branches of the general government, in reference to the Constitution, (o) The peojjJe and the States are represented in the Genercl Government. 5T. Each of these departments, of the general government, in the exercise of its proper powers, is the representative of the peo- ple, as the source of its authority, and as having the supreme power. 58. The several States are represented in the general govern- ment. The principle of representation is applied, in the Constitution, not only to the individual citizens of the United States, but to the individual States of the Union ; and it pervades the three great departments, among which the powers of government are distri- buted and appointed, {p) In the system of the government of the United there is a com- bination of the national and federative principles. Every district or territorial division of the community or nation has its 'propor- tional share in the government ; and the States, independent and sovereign in their proper spheres, however unec[ual in respect to territory and population, have each an equal voice in the public councils. Representation in the general government is founded on these principles united. The Congress is constituted on these principles, the House of Eepresentatives being formed on pro- p)ortional representation, and the Senate on that which is equal. In the mode of the election of the President of the United States these principles are also combined. TERRITORIAX GOYEEXMEXTS. 59. Territori-al governments, in the United States, are the go- vernments of the territories belonging to the Union, and not lying within the limits of any of the several States. They are created by Act of Congress, and are entirely dependent upon the govern- ment of the Union. The nature of these governments is more fully considered, and the subject of the acquisition of territory by Co) See Part tlie First, cliai"). ix. fp) Duer's Cons. Jur. p. 34, CH. I.] UNITED STATES. 49 the general government referred to, under the proper heads in treating of the powers of Congress, (q) There have been, from time to time, temtory and lands, ac- quired by the United States, by cession from the several States, by treaty from other nations, and by purchase from the aboriginal Indians ; being the domain and property of the United States, as a nation. While remaining such and without the limits of any of the several States, they with the inhabitants thereof have been, and are subject to the direct and exclusive power and jurisdiction »)f the general government. For some parts of this territory, in this state, there have been organized, at different times, by Acts of Congress, Temtorial Governments ; there being for each territory a Governor, appointed by the President, a Legislature, elected by the people thereof, and other officers, appointed by the Governor or President ; the bills passed by the Legislature not becoming laws until approved by the President or Governor ; and the ad- ministration of justice being through the courts of the United States. The other parts of such territory, in the same state, and the people thereof, have been governed altogether and directly by the laws of the United States. Those territories have been, and will continue to be governed by these methods, respectively, until they are, and shall be admitted, with constitutional governments, into the Union, as States, under the provisions of the Constitution of the United States. DISTRICT OF COLUMBIA. SEAT OF GOVERNMENT. 60. The territory comprised in the District of Columbia, being within the States of Virginia and Maryland, was ceded by those States respectively to the United States ; the power and jurisdic- tion of civil government over it, and the people thereof, being so transferred ; and the cession was accepted by Act of Congress. Under the federal Constitution, Congress has power "to exercise exclusive jurisdiction, in all cases whatsoever, over such district ;"§ and, by Act of Congress, it was formed into the District of Columbia, and the seat of the general government fixed at the City of Washington therein. By an Act of Congress in 1846, the City and County of Alexandria, part of said District, was retro- ceded to the State of Virginia. The District is governed by the authority of the laws of the United States, as well in regard to its domestic policy as to its re- lations to the Union ; the Acts of Congress having either adopted the laws of Virginia and Maryland respectively as the laws of the District, or having enacted new provisions for the purpose. (q) See the title. Congress of the United States, chap. iii. (§) Cons, of U. S., Art. I., Sec. viii, 17. 5 50 GOTEEXMEXT OF THE [PART I. By Acts of Congress the laws of those States applicable to the respective parts of the territory, at the time of its cession, were continued in force ; new provisions being made, adapted to the change of jurisdiction and mode of administration. The DisMct has no Legislature, of its own ; and it is not re- presented by members, elected or appointed by the people thereof, in either House of Congress. There is a Court established by the laws of the United States for the District, which is vested with general jurisdiction, and the judges of which are appointed by the President of the United States, with the advice and consent of the Senate ; as there are also so appointed therefor an Attorney of the United States, a Marshal, Register of Wills, Judge of the Orphans' Court, and Justices of the Peace. The District, then, is thus included within the whole territory of the United States ; the laws of which, of a general nature, ex- tend to it ; and its citizens are citizens of the Union. The nature of the government of the District, and its relations to the Union, are treated of more fully in that part of this work which refers to the powers of Congress relative to it. J CITIZENS OF THE UNITED STATES. 61, Citizens, under our constitutions and laws, mean the free inhabitants born within the United States, or naturalized under the laws of Congress, (r) G2. The inhabitants of this country may be divided in respect to citizenship, as generally classed, into citizens or aliens ; and citizens are native or naturalized. Natives are all persons born within the jurisdiction of the United States. In general, every free person born within the United States is a citizen, owing allegiance to the government thereof. And the children of citizens, although they are born abroad, are considered, in law, as citizens of the United States, if their parents have at some time resided here. Under the Act of Congress, of 1802, "to establish an uniform rule of naturalization, &c. , ' ' the infant children of aliens, though born out of the jurisdiction of the United States, if dwelling within the United States at the time of the naturalization of their parents, become citizens by such naturalization. And the provision of that Act on the subject is prospective, so as to embrace the children of (t) See Part I, chap, iii, head Seat of Government. (r) Kent's Comm. on American Law, p. 258, in notes, as to tne natu- arlization of aliens, see chap. Ill, head Naturalization, &c. «H, I. ] UNITED STAT"ES. 51 . aliens naturalized after the passage of the Act, as well as the chil- dren of those who were before naturalized. 8 Paiges'' Chan. Rep, 433. 63. There is, properly speaking, no oath of allegiance to the general government ; or, it may be said, no other tlian the oath to support the federal Constitution, which every officer and na- turalized citizen takes. 64. Can a citizen of this government expatriate himself, and absolve himself from any obligations as such, and become a citizen of another nation ? The perpetual allegiance of a citizen to his government is the doctrine of the common law. It appears, from the spirit of our federal constitution and laws, not to be so regarded in this country. ^ A citizen of one State in another. <)5. The rights of a citizen of any State, in another State, are guaranteed to him by the federal Constitution. " The citizens of each State shall be entitled to all privileges and immunities of citizens in the several States." Cons, of the U.S. Art. IV. sect. 11,(0 Free negroes and mulattoes. 66 How are free colored persons, born within the United States, to be considered ? ' ' As citizens, but under such disabilities as the laws of the States respectively may deem it expedient to prescribe to free persons of color, {u) SLAVES. 67. Are there persons held as slaves, in this country, under the laws thereof? In some of the States, there are, under the laws thereof, colored persons or negroes, imported before the year 1808, or their de- scendants born therein, who are held by individuals as slaves ; the federal Constitution recognizing the condition of such slaves, in the States, and containing certain provisions in relation to them, (u) There are, also, slaves held as property by individuals in the Dis- <0 See Part I, chap. VI. (u) 2 Kent's Comm. on American Law, p. 258. And see Part II, head "" Relations of persons." (v) See Part the First, chap, v, heads "Fugitives from Labor," and! "chap. iv, head " Importation of Slaves," and chap, iii., 43, AL 5^f GOTEEmiENr OF THE' [PAKTI. trict of Columbia, and in some of the Territories of the United! States. AUENS. 6'8'. Aliens are persons born out of the jurisdiction of the- tJnited States, and owing allegiance to a foreign government ; the eitizens and subjects of another nation. 69, Aliens are divided into alien friends and alien enemies.^ Alien enemies are aliens whose country is at war with ours. Alien enemies, residing here, are, by the general law, considered' as enemies, and their persons and property liable to be seized and confiscated. Any evils or injustice, however, that might follow from this principle, on a declaration of war, are prevented by the- interference of the government, or the laws of Congress. 70. Aliens, while residing in this country, are subject to the' general laws of the United States, and of the States severally, and entitled to the protection thereof This is the case as to- aliens living here, whx3se country is at peace with ours. They do not owe allegiance to the government, and are not bound to render military service, or to perform- other' acts having a direct reference ta the government and a bearing upon other countries. They are subject to those laws, and; entitled to their protection, which relate to the preservation of the peace and good order of society, which govern the rights of person, pro- perty and contract, and concern th« administration of justice. An alien has his election to sue in the Circuit Courts of the United States, or in a State court ; and may be sued by a citizen in either court ; and when he is a defendant in a suit commenced in a State court, it may be removed at Ms instance to the Circuit Court of the United States. See Part I , chap. IX , on the Judi- ciary of the United States. Yl. As to the disabilities of aliens in this country* they cannot hold offices, vote at elections, act as jurors, or, generally, perform any service connected with the administration of the civil affairs of the country. T2. Can aliens hold property in this country? In regard to personal property, their legal capacities are, in general, the same as those of citizens. In some of the States they cannot hold real estate ; or the right to do so is limited by the laws thereof respectively. Resident aliens may become citizens, on certain conditions, and in the manner prescribed by the Acts of Congress, (lo) They a,r& then called naticralized citizens. $w), See Part I , cluap. iii.. ■CR. T.] ^crNrrED states. 5S 13. jS'aturalized citizens have, in general, the same political and civil rights which native citizens enjoy. Naturalized citizens are not eligible to some offices, and a prescribed term of citizen- ship is requisite as a qualification for others. A naturalized citizen is not eligible to the office ef President, or Vice President of the United States. INDIANS. INDIAN TERRITORY. H. The Indian territory within the United States composes a part of the Union ; but our treaties contemplate it as separated from that of the States. Our government treats the Indian tribes •as nations and distinct political communities, having territorial boundaries within which their authority is exclusive. They are, nevertheless, deemed not foreign nations, but domestic and de- pendent, and under the protection of the government; and in re- spect to intercourse and commerce with foreign nations, they are considered to be within the jurisdictional limits of the United States, and subject to many of the regulations enacted in regard to its own citizens. Indians are distinguished as such in the federal constitution and our laws. Indians, though residing within the limits of a State, are not citizens. See Cons, of U. S., Art. I , Sec. II, See, on this subject, further on. Chap. Ill , head '* Commerce with the Indians. " THE SEVERAL STATES IN THE UNION. New York, Massachusetts, South Carolina, Rhode Island, Delaware, Kentucky, Louisiana, Arkansas, Indiana, Iowa, Pennsylvania, Maryland, Georgia, New Hampshire, Vermont, Ohio, Missouri, Illinois, Maine, Wisconsin, Virginia, North Carolina^ New Jersey, Connecticut, Tennessee, Michigan, Mississippi, Alabama, Florida, California. iEERRITORIAL GOVERNMENTS IN THE UNION. Minnesota, Kansas, Oregon, Utah, New Mexico, Washington, Nebraska, District of Columbia. CHAPTER II. OF THE CONSTITUTION OP THE UNITED STATES OF AMERICA. i Of a Gonstitviion of government, in general. 1. A CONSTITUTION, in its legal and political sense, is a writteii declaration of the sovereign will of the people in relation to the form and powers of government. This is the definition of a constitution, in reference to the subject under consideration, and as the term is generally used in America.. Properly, that is a constitutional government which is administered according to established principles and rules, and which is the result of general consent, either actually expressed or fairly implied. A constitution, in this sense, signifies the fundamental principles on which a government is formed. It may exist in a monarchy, aristocracy, democracy, or mixed form of government ,- and it may be derived from custom, tradition, or the acts and proceed- ings of the government itself, as well as from a written compact. A constitution of a country or nation is its fundamental law,, supreme, perpetual, according to its terms. The term, constitution, is formed from the Latin words con,. with, and statuo, to resolve, fix or establish 5 and it means, in the sense here used, an agreement establishing a government for a people. 2. Constitutional law is that branch of jurispradence which treats of the fundamental principles on which a government is formed ; of the practical exercise of the powers of government in conformity with them ; and of the construction to be given to them in their application. Of the Constitution of the United States, its adoption, nature,, and authority. 3. The Constitution of the "United States became established,, for the government of the people of the States adopting it, on their i:«,tification of it, according to its terms. It contains within itself a provision in regard to its ratification. "The ratification of the conventions of nine States shall be sufficient for the establishment of this Constitution between the States so ratifying the same. " Art. YII. When was the Constitution of the United States formed, and adopted ? 54 CH. II.] UNITED STATES. 55 The plan of the Constitution was adopted by a convention of delegates, appointed by the legislatures of all the original States, except Rhode Island, on the ITth day of September, ITSI ; and in the course of about a year thereafter it was ratified and adopted by conventions of delegates, chosen in each of the States by the people thereof. The Constitution was ratified by the conventions of delegates in nine of the States, before the 1.3th of September, 1189, being thereby established between those States ; and it was adopted by North Carolina, in its convention, in November, 1189, and by Rhode Island, in May, 1190, after the Constitution had gone into operation, (a) 5. What is the Constitution of the United States ? It is the written declaration of all the people of the United States, in their original and sovereign capacity, ordaining and establishing a national government, and defining its form and powers. It is a constitution of government, by the people. It is an act of the people, and not of the States in their political capacities. "It is an ordinance or establishment of government, originating in the consent of the people ; and it binds as a fundamental law promulgated by their sovereign authority, and not as a compact or treaty entered into, and to exist, between each and all the citizens of the United States, as distinct parties." (b) "The Constitution of the United States was ordained and established, not by the States in their sovereign capacities, but emphatically, as the preamble of the Constitution declares, by the people of the United States." (c) The Constitution of the United States is not a contract between the States, as sovereign States, in their organization as such, to establish and maintain a government for the common benefit of the States, and the inhabitants thereof. Nor is it a contract between each State and all the other States, to establish and maintain a government for the same ends ; and so that each State reserved to itself the right of judging of the meaning of the contract. But it may be considered a contract, or compact, between each citizen dwelling within the United States and all other citizens therein, in order to establish and maintain a government for the good of the whole, with limited and defined powers ; and providing that all powers not expressly given, or necessarily flowing from those which are so given, are reserved to the States or to the people ; with authority in the government so created to expound its own powers. (a) See Part I., chap I , head 6-8, 20. (b) 1 Story on the Cons., p. 446. (c) Opinion of the Supreme C-ourt of the Unitea States. 1 Whart. Rep., pp. 305, 324. 56 COXSTITUTION Or THE [PART T. The coarentions ■nithin the States, by which the federal Consti- tution was adopted, did not represent each a State in its political capacitv, bnt the people dwelling within the State, as part of the people of the United States. The Constitution was adopted, not by the State, but by the people dwelling within the State. It is immaterial whether the federal Constitution be called a contract, a compact, or grant ; these are names ; the substance is, that it is the act of the people ordoAning and establishing a government. 6. The federal Constitution is to be regarded as the result of concession and compromise. It was the act of the people of the original States, voluntarily uniting, through mutual concession and compromise in relation to various local interests and other matters, in establishing a govern- ment for the Union. And such is it, always, to be considered, in its nature, as to its obKgation upon the people, and their allegiance to it. This variety of interests arose from, principally, the actual difference in the extent and situation of the territories of the several States, in the number of their inhabitants, and in their agricultural productions, the existence of slavery in some of the States, and their peculiar laws and institutions. (§) Y. The Constitution of the United States went into operation on the fourth day of March, 1189, when Congress assembled under the new Constitution, and commenced proceedings under it. On the 30th of April, 1T89, the first President of the United States, George Washington, took the oath of ofl&ce, and the gov- ernment then went into operation, in all its departments. 8. Of what authority is the Constitution of the United States ? It is the supreme law of the land. It is obligatory upon the general government, in all its departments ; upon the several State governments, in all their departments ; and upon the whole people. Every Act of Congress, or measure or proceeding of any depart- ment of the general government ; every part of a constitution, ' law or act of a State, its government or people ; which is repug- nant to any of the provisions of the Constitution, is null and void. 9. Has any State, then, the right to annul or dissolve its rela- tions to the Constitution and government of the Union ? No, not under the Constitution. The federal Constitution is the act of the whole people, including the people of any particular (§_) "This difficulty was increased by a difference among the several States as to their situation, extent, habits, and particular interests. Thus, the Constitution which we now present is the result of a spirit of amity, and of that mutual deference and concession which the peculiarity of our political situation rendered iudispensable. " Letter of the Convention, signed hy George Washington, its President, transmitting the Constitution to Congress. CH. II.] UNITED STATES. 57 State, by which act they established a government for the whole people, and made and ordained the Constitution a fundamental, supreme and perpetual law, that can be altered or abrogated, in any of its provisions, only in the way prescribed by its terms. The people of each State have so provided, by uniting in this act of the whole people, (d) 10. The provisions of the Constitution of the United States may be, in general, divided thus : First, into those which provide for the particular structure and organization of the government ; and, secondly, into those which define the nature, extent and limitation of the powers vested in the general government, impose certain restrictions upon the several States, and reserve and secure certain rights to the several States and to the people. They may, also, be more particularly classed under four heads ; first, those which relate to the organization of the legislative department ; secondly, those which relate to the organization of the executive department ; thirdly, those which relate to the organization of the judicial department ; and, fourthly, those which define and limit the powers delegated and the rights secured or reserved. Gonstitutional questions, how determined. 11. By whom are the provisions of the Constitution of the United States to be interpreted, and their meaning and obligation finally determined ? By the courts of the United States, on all questions capable of judicial inquiry and decision, in the regular administration of justice. The determination of the Supreme Court of the United States, in such cases, is final and conclusive, (e) As the Constitution, and the laws of the United States made in pursuance of it, and all treaties made under the authority of the Union, are declared to be the "supreme law of the land;" and the judges in every State are bound thereby ; ' 'any thing in the Constitution or laws of any State to the contrary notwithstanding ; ' ' as every Act of Congress, or of a State Legislature, and every part of the Constitution of any State, which is repugnant to the federal Constitution, is null and void ; and as the judicial power extends to all cases in law or equity arising under the Constitution, laws, and treaties of the United States ; it necessarily belongs to that power, whenever a case judicially arises, to determine what is the supreme law of the laud ; and the determination of the Supreme Court of the United States must be final and conclusive, (d) See, above, chap. I , head 8 ; and Part II., chap. I. (ej 1 Story on the Constitution, p. 357. 58 CONSTITUTION OF THE [PART I. because tlie Constitution gives to that tribunal power to decide in every such case, and gives no appeal from its decision. Courts of justice have a right to pronounce, in cases under their jurisdiction, legislative acts to be void. The courts of justice were intended, as a separate and co-ordi- nate department of the government, to act as an intermediate body between the people and the legislature, in order, amongst other things, to keep the latter within the limits assigned to its authority. (/) The judiciary is a co-ordinate and independent department of the government, the representatives of the people of the Union, deriving their authority from them, under the Constitution. It is the proper function of the judicial department to interpret laws, and by the very terms of the Constitution to interpret the supreme law. Its interpretation, then, becomes obligatory and conclusive upon all the departments of the general government, and upon the whole people, so far as their rights and duties are derived from, or affected by that Constitution, {g) Judicial decisions of the highest tribunal, by the coui'se of the common law, are considered as establishing the true construction of the laws, which are brought into controversy before it. The particular case is not alone considered as decided and settled ; but the principles of the decision are held as precedents and authority, to bind future cases of the same nature. This is the constant practice imder our whole system of jurisprudence. The general principle must have have been in the view of the framers of the Constitu- tion ; and is applicable to the decisions of the Supreme Court of the IJnited States, on questions arising under the Constitution. Whenever the of&cers of any department of the government are required to act in a case, not hitherto settled by any proper au- thority, they must, in the first instance, decide, each for himself, whether or not the act can be done consistently with the Constitu- tion. Such acts may become the subjects of judicial examination, and their validity, in reference to the Constitution, be thus deter- mined. But there are cases, in which the decisions of the legisla- tive and executive departments, thus made, must be final and conclusive, being from their very nature and character incapable of revision. The judicial department has, in fact, constantly exercised this right of interpretation in the last result ; and its whole course of reasonings and operations has proceeded upon the ground, that, once made, the interpretation was conclusive, as well upon the States, as the people, (li) (f) 1 Story ontlie ConstitiTtion, pp. 345, 346, 349, 368. (g) 1 Story on the Constitution, p. 357. (h) 1 Story on tlie Constitution, p. 345, 346, 349, 368, • on. n.] UNITED STATES. 59 No State has a right, for itself, to abrogate or annul a law of Congress, on the ground of its being deemed by the State uncon- stitutional. Rules of interpretation. 12. These are some of the most important rules of interpreta- tion applicable to the Constitution : I. It is to be constructed as a frame, or fundamental law, of government, established by the people of the United States, ac- cording to their own free pleasure and sovereign will. "It is to receive as favorable a construction as the Constitutions of the States. Neither is to be construed alone, but each with reference to the other. Each belongs to the same system of go- vernment ; each is limited in its powers ; and -within the scope of its powers each is supreme Each, by the theory of our govern- ment, is essential to the existence and due preservation of the powers and obligations of the other." II. The Constitution of the United States is to receive a rea- sonable interpretation of its language and its powers, keeping in view the objects and purposes for which those powers were con- ferred. In case the words are susceptible of two different senses, the one more strict, the other more enlarged, that should be adopted which is most consonant with the apparent objects and intent of the Constitution. III. Where the power is granted in general terms, the power is to be construed as co-extensive with the terms, unless some clear restriction upon it is deducible from the context, either as ex- pressly declared, or arising by necessary implication. IV. No construction of a given power is to be allowed, which plainly defeats, or impairs its avowed objects. Y. In the interpretation of a power granted by the Constitu- tion, all the oi'dinary and appropriate means to execute it are to be deemed a part of the power itself. YI. In the interpretation of the Constitution, the existence of implied powers is to be admitted. Every power which is the means of carrying into effect a given power, is implied from the very nature of the original grant. It is a necessary and unavoidable implication from the act of cons- tituting a government, and vesting it with certain specified powers, (f) YII. The powers granted by the Constitution to the general government exclusively, exist in three cases ; where the Constitu- tion has in express terms granted an exclusive power to the Union ; where it has granted, in one instance, a power to the Union, and. (0 See Part i,, cliap. iii., head "Duties and powers of Congress." 60 CONgTITTJTION OF THE [PAKT I. in another, prohibited the States from exercising the like authority ; and where it has granted an authority to the Union, to which a similar authority in the States would be absolutely and totally con- tradictory and repugnant. There may be the exercise of power concurrently in the general government and the States, where, although it may be productive of occasional interferences in the policy of any branch of adminis- tration, it does not imply any direct contradiction or repugnancy in point of constitutional authority. Unless from the nature of the power, or the obvious results of its operations, a repugnancy must exist, so as to lead to a neces sary conclusion that the power is exclusive in the general govern- ment, the true rule of interpretation is, that the power is merely concurrent. If a State passes a law clearly within its own constitutional powers, still if it conflicts with the exercise of a power given to Congress, to the extent of its interference its operation is suspend- ed ; for in a conflict of laws, that which is supreme must govern. In regard to concurrent powers, there are cases in which the legislation of Congress suspends the legislative power of the States over the subject matter ; and also cases, in which the State laws are inoperative only to the extent of their actual conflict with the Acts of Congress. Wherever the power given to the general government requires that, in order to Idc efficacious and adequate to its end, it should be exclusive, there arises a just implication for deeming it ex- clusive. Whether exercised or not, in such a case makes no difference. Wherever the power is not incompatible with a concurrent power in the States, either in its natnre or exercise, there the power belongs to the States. In such a case as the last mentioned, the concurrency of the power may admit of restrictions or qualifications in its nature, or its exercise. In its nature, when it is excluded in its application from objects or purposes, which would control, defeat, or destroy the powers of the general government. In its exercise, there is a restriction upon it to the extent of any actual conflict of the laws and regulations of the States made in pursuance of it with those of the general government. YIII. Every word employed in the Constitution is to be ex- pounded in its plain, obvious and common sense, unless the context furnishes some ground to control, qualify or enlarge it. IX. Where technical words are used, the technical meaning is to be applied to them, unless it be repelled by the context. Where the same word possesses a technical and common sense ; the latter is to be preferred, unless attendant circumstances point clearly to the former. OH. II.] rXITED STATES, 61 The terras used in the Constitution are to be referred for their meaning to some standard of admitted authority, from which they must have been adopted into the Constitution. What the standard of definition shall be, depends upon the term used. If the term is one of common use in the ordinary transactions of society, and so applied, it shall be taken in its common ordinary acceptation by those who use the term ; if it relates to any particular art, science, or occupation, its meaning is its common understood sense, accord- ing to the usage and its acceptation among men so employed ; if it is a term appropriate to the common law, or statute law, or law of nations, it must be taken as intended to be applied according to its established definition, as a known legal term. It is not a correct rule of interpretation to construe the same word in the same sense, wherever it occurs in the Constitution. The meaning is controlled by the context. The same word may bear different meanings ; and the peculiar sense in which it may be used in any sentence is to be determined by the context, X. That an affirmative provision in a particular case excludes the existence of a like provision in every other case ; and that a negative provision in a particular case admits the existence of the same thing in every other case ; are rules of interpretation to be applied to particular cases, according to their nature and circum- stances. ' ' The truth is, that in order to ascertain how far an affirmative or negative provision excludes, or implies others, we must look to the nature of the provision, the subject matter, the objects, and the scope of the instrument. These, and these only can properly determine the rule of construction. There can be no doubt that an affirmative grant of powers in many cases will imply an exclu- sion of all others. In relation to such an instrument as a consti- tation, the natural and obvious sense of its provisions, apart from any technical or artificial rule, is the true criterion of construction. " 1 Story on the Cons., pp. 393-434. See Part I , ehap. Ill , par. 97, of this work. Preamble of the Constitution. 13. What is the preamble of the Constitution ? ' ' We, the people of the United States, in order to form a more perfect Union, establish justice, insure domestic tranquillity, pro- vide for the common defence, promote the general welfare, and secure the blessings of liberty to ourselves and to our posterity, do ordain and establish this Constitution for the United States of America." It is the introductory paragraph of the Constitution, setting forth the parties who established it, and the objects for which it was adopted. 6 63 CONSTITUTION OP THE [PAET T. It is an admitted maxim, in fhe ordinary course of the adminis- tration of justice, that a preamble of a statute is a key to open the minds of the makers, as to the mischiefs which are to be remedied, and the objects which are to be accomplished, by the provisions of the statute. It is founded upon the universal principle of inter- pretation that the will and intention of the legislature is to be regarded and followed. In a fundamental law, or constitution of government, great attention should be given to the intention of the framers as stated in the preamble. And accordingly we find that the preamble of the Constitution has been constantly referred to by statesmen and jurists, to aid them in the exposition of its provisions. 14. The preamble cannot be resorted to in order to enlarge the powers confided to the general government, or any of its departments. It cannot confer any power per se, in itself; it can never amount, by implication, to an enlargement of any power expressly given. It can never be the legitimate source of any implied power ; when otherwise withdrawn from the Constitution. Its true ofl&ce is to expound the nature, extent, and application of the powers actually conferred by the Constitution ; and not substantially to create them. For example, the preamble declares one object to be "to promote the common defence. ' ' No one can doubt that this does not enlarge the powers of Congress to pass any measures that they may deem useful for the common defence. But where the terms of a given power may admit of different constructions ; if one would promote and the other defeat the common defence, the former ought, on the soundest principles of interpretation, to be adopted. (j) Amendments to the Constitution. 15. Does the Constitution of the United States provide how amendments may be made to it ? " The Congress, whenever two-thirds of both houses shaU deem it necessary, shall propose amendments to this Constitution, or, on the application of the legislatures of two-thirds of the several States, shall call a convention for proposing amendments ; which, in either case, shall be valid, to all intents and purposes, as part of this Constitution, when ratified by the legislatures of three- fourths of the several States, or by conventions in three-fourths thereof, as the one or the other mode of ratification may be pro- posed by the Congress : Provided, that no 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 fii'st article ; and that no State shall, without its consent, be deprived of its equal suffrage in the Senate." Cons, of U. S. Art. T. (j ) 1 Story on the Cons., p. 445. en. n.] UNITED STATES. 63 16. There have been twelve amendments incorporated, in the manner prescribed by the above provision, into the federal Con- stitution, since its adoption. They are treated of, under the pro- per heads, in this work. See Part T , chap. V. VI. YII. These amendments were made soon after the adoption of the Constitution. Objections to it had been urged, on the ground that it contained no formal Bill or Declaration of Rights ; (k) and on this account principally the amendments were adopted. The first ten amendments may be regarded as a Bill of Rights. There \iave been various other amendments, at different times, pro- posed by Congress, and considered by the Legislatures of the States ; but they were not ratified by the requisite number of States. 11. It is a general principle of liberty that the people have the right to alter, reform or abolish their government, whenever they deem it necessary. (I) It is one of the great excellencies of the federal Constitution, that it provides in itself a mode for its amendment, in which such an object may be attained peaceably and readily, and yet not with- out proper care and deliberation. (k) See Part I. chap, iii , and Part I. chap. vii. (I) See Part II, chap, iii, head "Supreme power of the people." The basis of our political systems is the right of the people to make and alter their Constitutions of government. — Washington's Farewell Address. CHAPTER III. OF THE CONGEESS OF THE IIXITED STATES. 1. The legislatiTe power of the general government is rested in the Congress of the United States. By the federal Constitution, all the legislative powers therein granted are vested in the Congress of the United States, consist- ing of the Senate and House of Representatives. Ai^t. I. Sect. 1, 2. The legislative power of a government is the power of making laws ; and that branch of a government which has this power is the legislative department of it. A legislature is that body of persons with has the power of making laws for a State. Congress is the national Legislature. 3. The division of the legislature into two separate and inde- pendent branches is a wise plan. It is founded on the strongest reasons of policy, and its advantage has been proved by ex- perience. 4. How do the two Houses of Congress act, in relation to each other, in making laws ? In their deliberations and proceedings for the passing of laws, they act separately and independently, having co-ordinate powers ; though the assent of both Houses is necessary to the final enact- ment of a law. 5. Their powers with respect to passing laws are, in general, equal. In regard to some matters they are vested respectively with distinct and exclusive powers. The distinction will be observed in the references hereinafter made to the joint and separate powers of the two Houses. 6. The legislative powers of Congress include the power to originate and propose bills, or di'afts or projects of laws, which are conformable to the Constitution, and to discuss, deliberate and decide thereon. The manner of proceeding on bills by CongTess, and of finally passing and enacting laws of the United States, is treated of under the proper head in this Chapter. 7. In general, the power to enact laws includes, by implication, the power to repeal former laws. Congress cannot pass a law which may not be repealed by it. One CongTess cannot, by its en- actment, which becomes a law, bind another Congress, so that the latter cannot repeal the law, or legislate upon subject the matter of it. This is so, except in cases where the federal Constitution expressly 64 CH. in. J CONGRESS OF THE UNITED STATES. 65 provides otherwise ; as iu respect to the salaries of the President of the United States and judges of the courts, which cannot be reduced during their terras of office. 8. Is there a new Congress every second year ? The members of the House of Representatives and one-third of the Senate being chosen every second year, there is a new Congress by the meeting of both Houses every second year. And the Con- gress for the time being is in fact dissolved, by the operation of the Constitution and laws, on the third day of March in every second year. A new Congress is organized, at its meeting, every second year. There has been a Congress every two years since the organiza- tion of the- general government under the federal Constitution. The present Congress, which commenced on the first Monday of December in the year 1856, is the thirty- fourtli. SENATE OF THE UNITED STATES. 9. The Senate of the United States is composed of two Sena- tors from each State, chosen by the Legislature tliereof for six years ; and each Senator shall have one vote. Cons, of U. S. Art. I , Sect. III. Each of the Senators from a State acts, in all respects, in- dependently of the other ; exercising his power, and discharging his duties, according to his own judgment and discretion. Each Senator has the right to vote on all questions before the Senate. 10. Vacancies in the Senate of the United States are to be filled in the mode prescribed by the federal Constitution. ' ' If vacancies in the Senate of the United States happen by resignation, or otherwise, during the recess of the Legislatiu-e of any State, the executive thereof may make temporary appoint- ments, until the next meeting of the Legislature, which shall then fill such vacancies." Cons, of U. S. Aii. I, Sect. Ill, 2. It seems, that a Governor of a State cannot in the recess of the Legislature appoint a Senator to fill a vacancy, which has not actually occurred, but which will happen. 11. A State cannot be deprived, without its consent, of its equal representation in the Senate of the United States, by an amendment of the federal Constitution ? ' ' No State, without its consent, shall be deprived of its equal suffrage in the Senate. ' ' Cons, of U. S. Art. Y. 12. The executive of a State is the person, (or body of per- sons), 'who has the power of executing or carrying into effect the laws of the State, and, in most cases, of making appointments to office ; being generally the governor of the State. Where the term of a Senator of the United States has expired, a* 66 CONGRESS OF THE TXITED STATES. [PART I. during the session of the Legislature of the State, and the Legis- lature has not chosen a Senator, can the Governor of the State, during the recess of the Legislature, make the temporary appoint- ment ? Where such a vacancy has happened by resignation or otherwise, during the session of the State Legislature and the Legislature has not chosen a Senator, can the Executive of the State, during the recess of the Legislature, appoint a Senator until its next meeting ? 13. The federal Constitution provides as to the persons who may be chosen Senators of the TJuited States. "1^0 person shall be a Senator who shall not have attained 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 wnich he shall be chosen." Cons, of U. S , Art. I , Sect. Ill , 3. 14. ' ' The times, places and manner of holding elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at anytime, by law, make or alter such regulations, except as to the place of choosing Senators." Cons, of U. S , Art, I , Sect. lY. Congress has passed a law regulating the manner of electing Representatives, (m) but has not made any enactment in regard to the election of Senators. 15. Senators of the United States may be elected either by the joint vote, or by the concurrent votes of the two Houses of the Legislature of a State. It appears to be settled that- the Legislature of a State may prescribe either mode for electing its United States Senators. Both modes are used, in different States ; though generally the choice of Senators is made by a concurrent vote. On a joint vote, the members of both branches of the Legisla- ture assemble together, and give a united vote numerically ; on a concurrent vote, each branch gives a separate and independent vote. The executive of a State has not the right of a negative upon such elections by the Legislature, as in cases where the State con- stitution gives him a qualified negative upon the laws. Where the members of the Legislatui-e of a State are assembled together, in order to elect a United States Senator by a joint vote, they constitute a convention for that purpose. Such convention may meet at any time, and on its own adjourn- ment, during the session of the Legislature, in conformity with the law. It seems, it cannot meet and act at a time when the Legis- lature is not in session. The mode and time of such election are, in general, regulated by a law of the State. See Part II., chap. lY^ (m) See in tliis cliap , par. 46-50. ClI. III.] CONGRESS OF TIIi: XJNITED STATES. 67 16. Tiie Senate of the ITuitcd States consists, at the present time, of sixty-two members, representing the thirty-one States of the Union. 11. Each State has thus its equal voice and equal rights in the Senate of the United States, without regard to a difference of population, wealth, or territory; and is represented therein as a sovereign and independent community; each State being sovereign and independent in its proper sphere. The Senate is, then, constituted upon the principle of equal representation, in the government, of all the States. The States are thus represented in their political capacities, and as such made active members of the Union. 18. The Senators are elected, one-third of their whole number every two years. Immediately upon the first election, they were divided, as directed by the federal Constitution, into three classes, the seats of the first class to be vacated at the expiration of the second year, and 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 of the Senate is chosen every second year. On the admission of a new State into the Union, the two Sena- tors first elected from it are assigned each to one of these classes. It is generally done by lot This classification is in order that the terms of service of the Senators from each State may expire at different periods, and that there may not be a vacancy at the same time in the seats of both Senators from the same State. 19. The term of office of a Senator of the United States is six years. The regular term is six years from the fourth day of March after his election. When a vacancy occurs, a Senator is elected for the unexpired period of the term. A person is re-eligible indefinitely as Senator of the United States. 20, The Vice President of the United States is President of the Senate. * ' The Yice President of the United States shall be President of the Senate, but shall have no vote unless they be equally divided." Cons, of U. S , Art. I, Sect. Ill , 4. 21, In presiding over the Senate, the Vice President of the United States does not vote, except that he gives a casting vote in case of a tie in the votes of the Senators. He never joins in their deliberations or debates. The appointment of the comniittees of the Senate is either by him or by the election of the Senators, iis determined by the rules of proceeding or resolution of the Senate. It appears that the Vice President, presiding over the Senate, has a right to give a casting vote, when the votes of the Senators 68 co>'GKi:ss or the l::iti:i) states. [part i. are equally divided, on nominations to office by the President, on executive business, and on elections for officers of the Senate, as well as on legislative affaii-s. The late practice, justified by for- mer precedents, has been in accordance ■nith this view of the constitutional right and duty of that officer. ' ' The Senate shall choose a President of the Senate -pro tempore, in the absence of the Yice President of the United States, or when he shall exercise the office of President of the United States." Cons, of U. S., Art. I , Sect. Ill , 5. Senators of the United States are sometimes called federal Senators, as distinguished from Senators in the legislature of a State. {n) 22. The Senate of the United States may sit when Congress is not in session, for the transaction of executive business. Delibe- rating and acting on treaties and nominations to office by the President is called its executive business. 23. The Senate is organized when a quorum of its members has met agreeably to the Constitution, having taken the requisite oath or affirmation of office ; with its proper President and other officers. Appointments to office. 24. The Senate is vested vAt\i an important power in regard to the appointing of officers of the general government. The President of the United States ' ' shall nominate, and by and with the advice and consent of the Senate shall appoint ambassadors, ocher 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 may think proper, in the President alone, in the courts of law, or in the heads of department." Cons, of U. S , Art. II , Sect. II., 2. When the Senate advises and consents to an appointment to office, it is said to confirm the nomination ; otherwise, to reject it. 25. The Senate can give its advice and consent to appoint- ments to office only on such nominations, and after the nominations are made and laid before it, by the President. It cannot act in reference to appointments to office previously to nominations therefor by the President. The subject of the nomination and appointment of officers of the general government is more particularly considered in a subsequent chapter of the work, (o) (n) See above, cliap. I , 23, 24. Co) See Part I , chap. VIII. I CH ni.] CONGRESS OF THE UNITED STATES. 69 Impeachments. 26. The power of trying impeachments of officers of the general government is vested exclnsivelyin the Senate of the United States. " The Senate shall have the sole power of trying all impeach- ments. When sitting for that purpose they shall be on oath or affirmation. When the President of the United States shall be tried, the Chief Justice of the United States shall preside. And no person shall be convicted \nthout the concurrence of two-thirds of the members present." Cons, of U. S , Art. I, Sect. Ill, 6. 27. When sitting for the purpose of trying impeachments, the Senate is a court of justice. In such cases, it is governed by, and the proceedings before it are conducted agreeably to, the principles and rules of law under the Constitution. 28. An impeachment is a legal accusation, before a competent tribunal, against a public officer for a crime or misdemeanor, com- mitted in the exercise of his office. 29. The federal Constitution prescribes what officers may be impeached before the Senate of the United States. ' ' 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 mis- demeanors. " Cons, of U.S. Art. II. Sect. TV. 30. By civil officers, in this provision of the Constitution, are meant all public officers of the general government, except military and naval officers, and members of Congress. 31. It has been adjudged that the term officers, as used in the Constitution, does not include members of Congress. Members of "Congress may be punished for disorderly behaviour or contempt, or may be expelled by the Houses to which they respectively be- long, (jj) Military and naval officers are punishable by courts martial, according to the rules established by Congress for the regulation of the army and navy. 32. The persons liable to impeachment before the Senate of the United States are those who hold or have held public offices under the United States ; and all executive and judicial officers of the United States are included. 33. Such an impeachment can be preferred only by the House of Representatives of the United States. The House of Representatives has the sole power of impeach- ment, to be tried by the Senate. Cons, of U. S. Art. I, Sect. II. 5. The House of Representatives only has the power to determine whether such an impeachment shall be made, or preferred, to pre- sent it to the Senate, and, as the accusing party, to conduct the prosecution of it before that tribunal. ( p) See further on in this chapter. YO CONGRESS OF THE UNITED STATES. [PART I. 34. The judgment or punisliment in ease of conyietion, on any such impeachment is limited by the Constitution. "Judgment in cases of impeachment shall not extend further than to removal from office, and disqualification to hold and enjoy any office of trust or profit under the United States ; but the party convicted shall, nevertheless, be liable to indictment, trial, judg- ment, and punishment, according to law." Cons, of U. S. Art. I. Sect. III. 1. 35. When upon conviction on an impeachment before the Se- nate, the judgment has been removal from office, and disqualifica- tion to hold office, the pardon of the President of the United States cannot restore the competency of the offender. And though the President may grant a pardon for the same act, in case of a conviction in the common course of law, the pardon can only extend to the punishment imposed by the ordinary court, without affecting the sentence of the Senate on the impeachment. 36. The federal constitution declares for what offences such impeachments may be made. The offences for which the officers described in the Constitution may be impeached, are such as they may commit officially, or by color ot office ; being neglect of duty, violations of public trust, acts contrary to the Constitution and laws, and offences against the general government ; which are included in the offences of ' ' treason, bribery, and other high crimes and misdemeanors. ' ' The treason mentioned is treason against the government of the Union. These offences are denominated political offences, .or "high crimes and misdemeanors, " a§ their effects and consequences are immediately injurious to the body politic or Union itself. All officers are liable to be indicted and punished, under the criminal law, for wilful neglect of duty and misbehaviour in office ; and for bribery and other corruption in office. And they may be prosecuted for such offences before the ordinary tribunals of jus- tice, in the due course of law, notwithstanding any impeachment against them, and either before or after an impeachment. 37. The Senate of the United States, when organized for the purpose of trying an impeachment, is a judicial tribunal or court of justice, and is called " The comi for the trial of impeachments. " A quorum of the Senate, or a majority of the Senators, is neces- sary to constitute the Court, and is sufficient for that purpose ; although no conviction can take place without the concurrence of two-thirds of the members present. The Vice President of the United States, being President of the Senate, presides in the Court, when present ; except when an im- peachment against the President of the United States is tried, on which occasion the Chief Justice of the United States presides. It CU.in.] COXGRES.-; OF THE UNITED STATES. Yl seems that the Vice President ought not, in such a case, to sit at all in the Court. An impeachment is preferred to the Senate by "Articles of Impeachment," which is the \mtten accusation against the party impeached, containing the formal specification of the charge. Proceedings for the impeachment of a federal officer arc insti- tuted, in the first place, by petition or memorial, making the com- plaint, and setting out the alleged offence, to the House of Repre- sentatives of the IJnited States ; or by its resolution. If the House of Representatives determines, after investigation, to prefer an impeachment, it causes Articles of Impeachment to be drawn up, and appoints a committee of its number to act as its Managers in the case. These Managers prefer the Articles to the Senate, and afterwards prosecute the case, on the trial, on the part of the House of Representatives. The Articles of Impeachment are preferred by the House of Representatives in the name of the United States of America, and charge the alleged offence as committed against them ; and from the time when the articles are preferred, the case is of the nature of a criminal prosecution, before a court of justice. The Senate causes the accused person to be summoned, by its sergeant-at-arms, or other executive officer, to appear before it, in order to answer the charge. An answer or plea is received. He is then called the respondent. And, if necessary, a trial is ordered to be had by the Senate. All proper process, in relation to the accused party, or for summoning and compelling the attendance of witnesses, on the part of either the defende or prosecution, is issued by the Senate, and served by its officers. A trial on impeachment before the Senate is conducted as an ordinaiy trial in the common law courts. It is held in public ; the House of Representatives being present as the prosecutors, and the managers prosecuting on their behalf; and the 7'espondenf, or ac- cused party, being entitled to be heard by himself or counsel. It is not necessary that the accused party should be personally present, as the trial may proceed in his absence, if he have had due notice to appear. The same general rules of evidence prevail on the trial of an impeachment as govern a court of justice in an ordinary case. The consultations of the members of the Senate, on all questions and points that arise in the course of the trial, are had in private ; but their determinations thereon are given by their votes severally in public. So, when the examination and hearing of the case are completed, the Senators deliberate in private on the question of the guilt or innocence of the accused ; but they give their votes thereon in public, and judgment or sentence is pronounced accordingly, by their presiding officer. 72 CONGRESS OF THE TN^TED STATES. [PAUT I. "The Constitution does not declare that the Yice President shall be restricted on the trial of impeachments, as in legislative proceedings, to a casting vote ; and as he is constituted one of the judges of the court,, by being appointed to preside vrithout any restriction, it seems to follow that he is entitled to vote in the same manner as the other judges. The same reasoning would establish a similar right in the Chief Justice of the United States, when pre- siding on the trial of the President, "(r) Foicer of the Senate as to treaties. 38. The Senate is vested with a veiy important power with respect to treaties. ' ' The President of the United States shall have power, by and with the advice and consent of the Senate, to make treaties, pro- vided two-thu'ds of the Senate concur." Cons, of U. S. Art. II, Sect. II. 2. The federal Constitution provides that treaties so made shall be the supreme law of the land. " 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, any thing in the constitution or laws of any State to the contrary notwithstanding. " Cons, of U. S. Art. TI. 2. The other provisions of the federal Constitution, with respect to treaties, are given under appropriate heads in this work, with some observations defining the term, and in reference to the power of making treaties, the manner of negotiating them, and their effect, (q) or THE HOrSE OF REPRESENTATIYES OF THE TTNTTED STATES. Election of members thereof Its organization and officers. 39. "The House of Representatives of the United States 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." Cons, of U. S. Art. I , Sect. II. The members of this branch of the national Legislature are elected immediately by the people, in the manner directed by the laws of the States respectively, made in conformity with the pro- visions of the federal Constitution and the laws of the United States. 40. The right of suffrage, in eleetiag them, is not wholly de- (r) Diaer's Cons. Jurispmdence, p. 93. (q) See the General Index. CII. III.] CONGRESS OF THE UNITED STATES, 73 teriuined by the federal Constitution, nor positively fixed to be uniform in all the States, upon a principle common to all ; but the constitutional provision is suited to the existing diversities in the several States in regard to the qualifications of voters of members of their Legislatures respectively ; (r) and is, in effect, it seems, the extension of the right, for the most part, according to the largest liberty. 41. The federal Constitution declares, who may be a member of the House of Representatives of the United States. ' ' No person shall be a Representative who shall not have at- tained to the age of twenty-five years, and been seven years a citi- zen of the United States, and who shall not, when elected, be an inhabitant of that State in which he shall be chosen." Cons, of U. S. Art. I. Sect. II. 2. A person having these qualifications may be elected a Represen- tative ; and it seems no other qualification can be required by any State. 42. The Representatives are apportioned among the several States, according to the number of their inhabitants respectively, to be computed in the manner prescribed by the Constitution. ' ' Representatives and direct taxes shall be apportioned among the several States, which may be included within this Union, ac- cording to their respective numbers, which shall be determined by adding to the whole -number of free persons, including those bound to service for a term of years and excluding Indians not taxed, three-fifths of all other persons." Cons, of U. S. Art I Sect. II. 3. 43. By ' ' all other persons, ' ' as mentioned in this provision, are meant, or among them are included, slaves, " three-fifths "♦ of whom are to be computed in making up the numbers of the States respectively, according to which the Representatives shall be ap- portioned among them. And this rule applies, also, to the ap- portionment of direct taxes. 44. The House of Representatives is, then, constituted on the principle of proportional representation ; every district or terri- torial division of the Union having a representation proportional to its population. This method of determining the number of the population of a State is called the federal method, population so computed federal population, being according to the federal Constitution. The manner of computing the number of inhabitants in a State, according to which the number of its Representatives in Congress is fixed, is different in the slave-holding States from what it is in the other States. In a slave-holding State the number of white {)•) See Part II. chap. iv. T 74 CONGRESS OF THE UNITED STATES. [PART 1. persons, and tliree-fiftlis of the slaves, make tlie number, which determines how many Representatives it may have, in the appor- tionment of them among the several States. The c-itizens of the slave-holding States have more Represen- tatives in Congress than an equal number of white persons in the other States. As Representatives and direct taxes are apportion- ed among the States by the same rule, the slave-holding States are liable to a greater tax in proportion, when direct taxes may be laid by Congress. 45. The federal Constitution proAides a limitation to the num- ber of Representatives, in directing the manner of their appoint- ment. " The number of Representatives shall not exceod one for every thirty thousand, but each State shall have at least one Representa- tive." Cons, of U. S. Art. I. Sect. II. 3. 46. An apportionment of Representatives among the several States is required by the federal Constitution to be made at certain periods. An enumeration, or census, of the inhabitants of the United States, as directed by Act of Congress, is to be made every ten years, and a new apportionment had thereon, according to the relative population of the States. Cons, of U. S. Art. I. Sect. II. 3. The first enumeration was made in 1Y90. 4t. "The times, places and manner of holding elections for Senators and Representatives, shall be prescribed in each State by the Legislatui'e thereof; but the Congress may make or alter such regulations, except as to the place of choosiug Senators." Cons, of U.S. Art. I. Sect. lY. 1. 48. Yacancies among the Representatives are to be filled in the manner du-ected by the federal Constitution. ' ' When vacancies happen in the representation from any State, the executive authority thereof shall issue writs of election to fill such vacancy. "(s) Cons, of U.S. Art. I. Sect. II. 6. A Representative is thus elected for the unexpired portion of the term which had become vacant. 49. As to the mode of electing Representatives of the United States, the course has generally been, that after the apportionment of Representatives among the several States, by Act of Congress, the Legislature of each State has prescribed the manner of electing the number of Representatives to which it was entitled, either by general ticket for the whole State, or by districts, each district electing one or more Representatives, according to its population, enumerated by the law of the State. 50. The mode of electing Representatives in Congress, at the present time, (1856,) is fixed by Act of Congress. (s) See, above, in this cliajpter, 12. CH. IV.] CONGRESS OP THE UNITTD STATES. T5 By the Act of Congress, in 1842, making the apportionment of Representatives among the several States, it was directed that the election of the Representatives in each State should be by districts, which is the present mode. 51. The number of Representatives in Congress, as fixed by the last apportionment, in 1850, is two hundred and thirty-three. To this number is now to be added one Representative from the IJtate of California. The apportionment of Representatives is made by dividing the aggregate of the federal population of the United States by the whole number of Representatives, the quotient being the ratio of apportionment ; and the federal population of each State being- divided by that ratio, the quotient g'ives the representation allowed to the particular State ; and where the number of Representatives so ascertained is not sufficient, in consequence of fractions of popu- lation in the several States, there being assigned an additional number to each of so many States having the largest fractious, for its fraction, as may be necessary to make the whole number of Representatives in Congress. 52. The present ratio on which the Representatives are appor- tioned among the several States, by Act of Congress, is one Re- presentative to every 93,423 inhabitants, and one additional Re- presentative for every remaining fraction exceeding the half of that ratio, {t) 53. The right of choosing its own Speaker, and other officers, is vested in the House of Representatives by the Constitution. " The House of Representatives shall choose tlieir Speaker, and other officers." Cons. of U. S. Art. I. Sect. II. 5. 54. The Speaker is the presiding officer of the House, appointed to preserve order during its sittings, and to sec that its business is conducted according to the rul^s of proceeding. He is g-enerally authorized to appoint the standing and select Committees of the House, and to j>erform other duties pertaining to its transactions ; a-nd he authenticates, by his signature, the bills, resolutions and acts of the House. The House elects one of its own members to be the Speaker. His right to vote is regulated by the rules of proceeding. By the present rules it is provided that in all elections by the House the Speaker shall vote ; in other cases he shall not vote, unless the House be equally divided, or unless his vote, if given to the minor- ity, will make the division equal, and in case of such equal division, the question shall be lost. His vote in case of an equal division of the House is called his casting vote. It must be implied that (i) See a table showing tlie number of Repre.ieutativ'e.? fioin e?,ch State, Its population, federal number, &c., in the Appendix, luUe C. *IQ CONGRESS OF THE UNITED STATES. [PAET I. such casting vote cau be given only in cases in which a majority of votes is sufficient for a decision. The Speaker is, in general, not allowed to take part in the de- bate. He may do so, however, by leave of the House, another person being assigned to the chair ; and by the standing rules of the House, in certain stages of the progress of a bill or resolution, when he is not presiding, he may participate in the deliberations, debates, and proceedings, as any other member. Some observa- tions are made, which have a bearing on this subject, under another head in this work, in reference to the mode of proceeding in passing a law in the two Houses of Congress, (u) 55. The Speaker and other officers of the House are elected at the commencement of every new Congress, to continue for the term of that Congress ; although they may be removed from office at the pleasure of the House. The officers of the House, besides the Speaker, are a sergeant- at-arms, a door-keeper, and their assistants. 56. There is a delegate to Congress from each Territorial go- vernment of the United States. A delegate chosen by the Legis- lature of each Territorial government has a seat in. the House of Representatives, vdih the privilege of taking a part in debate, but without the right to vote. 51. The election of members of the House of Representatives of the United States, is not held at the same time in all the States. Congress not having fixed the time of holding such election, it is held at diiferent times in the several States, agreeably to the laws thereof respectively. 58. Term of office. The term of of6.ce of a Representative in Congress is two years. The term of every Representative expires Avith the third day of March of the second year of the Congress. In many of the States the Representatives are elected previously to the fourth day of March of the first year of every Congress, to serve for two years ; but in some of the States, by the laws thereof respectively, they are elected subsequently to that day. In Pennsylvania, Representatives are elected to serve for two years, as has been stated. A person elected to supply a vacancy serves for the unexpired i>art of the term of the Representative, in whose place he was elected. A person may be re-elected a Representative in Congress any number of times iadefinitely. 59. The House of Representatives is organized, when a quorum of its members has met, agreeably to the Constitution, having taken the requisite oath or alfirmation of ofiice, with its Speaker and other officers. (u) See, in tMs chapter, par. 198-9. CH. III.] CONGRESS Or T-IE LWITED STATES. 7T Each Representative has a right to a vote on all questions ; e.x- cept in case of an election of President of the United States hj the House, when all the Representatives from a State can cast only one rote. OP THE AlEMBERS OF CONGRESS. Oath of office. 60. The oath of office of a member of Congress is prescribed 1)7 the federal Constitution, "The Senators and Representatives before mentioned," — "shall be bound by oath or affirmation, to support this Constitution!' Cons, of U. S. Art. VI. 3. 61. The oath or affirmation is administered to the members by the Speaker of the House, or President of the Senate respectively, at the commencement of a new Congress, or to a member on taking his seat in either House. There is no other oath of office required to be taken by a member of Congress. Privilege from arrest or civil suit. 62. Members of Congress have, under the Constitution, certaiit privileges from arrest. The Senators and Representatives "shall, in all cases except treason, felony, and breach of the peace, be privileged from arrest during their attendance at the session of their respective Houses, and in going to, and returning from the same." Cons, of U. S. Art. I. Sect. YI. 1. 63. They have, also, privileges at common law, in regard to civil suits. They are privileged from arrest, summons, citation, or other civil process, during their attendance on the public business, confided to them. It has been so adjudged by the courts of justice.* Freedom of debate, 64. Members of Congress have certain constitutional privileges as to speeches or debates in the Houses respectively. "For any speech or debate in either House they shall not be questioned in anv other place." Cons, of U. S., Art. I.,. Sect. VI., 1. 65. The meaning of the provision is, that for words uttered in debate, or in the course of business, in Congress, they shall not be liable to any prosecution, civil suit, or proceeding at law ; be * 4 Dallas' Reports, p. 107, 371. 1* T8 CONGRESS OF THE UNITED STATES. [PART I. *' questioned " in any judicial case. Its object is, to secure free- dom of opinion and speech in the deliberations and transactions of Congress. The debates in Congress have, for many years, been reported and published by the order of Congress, and at the public expense. Incompatibility of offices. 66. What is the provision of the federal Constitution as to members of Congress holding offices under the authority of the United States ? ' ' 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 emolu- ments whereof shall have been increased, during such time ; and no person holding any office under the United States shall be a member of either House during his continuance in office. ' ' Cons, of U. S,, Art. I., Sect. VI., 2. 6Y. It is requisite that a member of Congress should resign his seat in Congress before he can be appointed to an office under the United States. And an officer under the United States must resign in order to be enabled to become a member of Congress. The prohibition in this clause of the Constitution is not consid- ered to extend to military officers. It is designed by this provision to preserve the independence and impartiality of the members of Congress, and their freedom, in the discharge of their duties, from any improper influence of any other department of the government. 68. Members of Congress cannot at the same time be members of the Legislature of any State. It is generally so provided by the constitution or laws of each State, (o) 69, Nor can a member of Congress hold any civil office in State. It is generally provided by the constitution and laws of each State that no member of Congress, nor any person holding or exercising any office or appointment under the United States, shall at the same time hold any office in the State. (§) Compensation of members of Congress. 10. The federal Constitution provides for the compensation of members of Congress. "The Senators and Representatives shall receive a compensa- tion for their services, to be ascertained by law, and paid out of the treasury of the United States." Cons, of the U. S., Art. I., Sect. VI. (v) See Part II., chap. VIL f§J See Part II.. chap. IV. en. III.] CONGRESS OF THE UNITED STATES. 79 The compensation of members of Congress, by the Act of Con- gress of the 22d of January, 1818, was eight dollars a day to each member while attending the session of Congress, and eight dollars for every twenty miles of estimated distance, by the most usual road from his place of residence to the seat of government, at the commencement and end of every session of Congress ; each member of the Senate to receive the same daily allowance and pay, for his attendance on and travelling to and from every meeting of the Senate in the recess of Congress ; the President of the Senate pro tempore, and the Speaker of the House, to receive each eight dollars for every day's attendance on their respective Houses, in addition to their compensation as members of Congress. By an Act of Congress, of the 16th of August, 1856, the compensation of a member of Congress is three thousand dollars a yeai", exclu- sive of mileage allowed by the former Act ; deduction to be made for his voluntary absence, except in case of sickness of himself or a member of his family. Interest in public contracts. Yl. By an Act of Congress it is provided that no member of Congress shall hold or enjoy any contract or agreement made in behalf of the United States, the violation of the Act to be a high misdemeanor, and the contract to be void; and a penalty is imposed upon any officer making such contract with a member of Congress. It has been a rule of the House of Representatives that no member shall vote on any question in the event of which he is immediately and particularly interested. TIME OF MEETING OF CONGRESS, AND ITS ADJOURNMENTS. t2. Congress is required, by the Constitution, to meet at least once every year. " The Congress shall assemble at least once in every year, and such meeting shall be on the first Monday in December, unless they shall, bylaw, appoint a different day." Cons, of U. S., Art. I., Sect. IV., 2. 73. The President of the United States has power to convene Congress, at any other time. " The President may, on extraordinary occasions, convene both Houses of Congress, or either of them." Cons, of U. S , Art. II., Sect. III. 74. The first session of a new Congress cannot be held, nor its action commence, until the day fixed by the Constitution or ap- pointed by law, unless the President, in the exercise of his consti- tutional power, sooner convene it, on some extraordinary occasion. Aftea* being thus assembled, Congress may hold sessions, at any 80 CONGRESS OF THE UNITED STATES. [PART I. time, within its term, on its ovra adjournment, by the joint resolu- tion of both Houses. It is provided by Act of Congress that when, on account of the prevalence of a contagious disease, or for other causes, it would be dangerous to the health of the members to meet at the place to which Congress shall stand adjourned, the President may, by proclamation, convene Congress at such place as he may deem proper. The Constitution does not determine at what place Congress shall meet. By Act of Congress, the seat of government was fixed in the District of Columbia, and it was provided that buildings should be erected there for the accommodation of Congress. Adjournment of Congress. 75. Congress may adjourn, by the joint resolution of both Houses, at any time. The assent of the President to their adjournment is not requisite. It may thus adjourn to any time not beyond the day of their annual meeting as fixed by the Constitution. 76. As to the power of either House to adjourn separately ; "Neither House, during the session of Congress, shall, without the consent of the other, adjourn for more than three days, nor to any other place than that in which the two Houses shall be sitting." Cons, of U. S , Art. I., Sect. V., 4. The President of the United States may adjourn Congress, in certain cases. "In case of disagreement between the two Houses with respect to the time of adjournment, the President may adjourn them to such time as he shall think proper." Cons, of U. S , Art. II , Sect. III. The President cannot adjourn Congress to any period beyond the usual time of its meeting. SEPAEATE DUTIES AND POWERS OF EACH HOUSE, As to the election mid qualifications of its members. 77. Each House has, by the Constitution, the right to deter- mine and judge as to the election and qualifications of its own members. ' ' Each House shall be the judge of the election, returns, and qualifications of its own members." Cons, of U. S , Art. I, Sect. Y , 1. ' It is implied by this provision that each House shall only be the judge whether the election of any person as a member thereof has been made and returned conformably to the law, and whether he possesses the qualifications required by the Constitution. CHAP, in.] CONGRE.SS OF THE UMTED STATES. 81 18. Gontesied elections, or questions as to the right to seats as members, are thus determined, exclusively of any other juris- diction or power. There is an Act of Congress determining the mode of proceed- ing in order to contest the election of a member of the House of Representatives, and providing for the taking of testimony in the case. Quorum. 79. The number of either House which shall constitute a quorum, or a sufficient number to do business, is fixed by the Constitution. "A majority of each House 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." Cons of U. S. Art. I. Sect. V. 1. This power is given to a minority of each House, in order that a portion of the members may not prevent the regular action of Congress, or suspend its legislation. 80. Where, on the attendance of a quorum, either House has been organized, at a particular sitting, questions before it on all bills, resolutions or orders are, in general, determined by a majority of the members present. A bill, resolution or order, is said to have been passed by the House, when on the question being finally taken, according to the rules of the House, a majority of the members present had voted in favor of it. It may be so passed in any case, except when the assent of a greater number is required by the Constitution or the rules of the House. With respect to some matters, the concurrence or approbation of two-thirds is by the Constitution made necessary to the action of the House, or to the passage of a bill or resolution, (w) Election of officers. 81. In general, the Constitution secures to each House the right to elect its own officers. 83. The Vice President of the United States is President of the Senate, by virtue of his office ; as to all other officers, each House elects or appoints its own officers. " The House of Representatives shall choose their Speaker and other officers," Cons, of U. S. Art. I. Sect. II. 5. ' ' The Senate shall choose their other officers, and also a Presi- (to) Cons, of U. S. Art. I. sect. III. (J ; sect. V. 2 : sect. VII. 2, 3 ; Art. II. sect. II. 2 ; Art. V. 82 CONGRESS OF THE UNITED STATES. [PARTI. dent j9ro tempore, in the absence of the Vice President, or when he shall exercise the office of President of the United States. ' ' Cons, of U. S. Art. I. Sect. III. 6. 83. When the Senate is sitting for the purpose of trying an impeachment against the President of the United States, the Chief Justice presides. Cons, of U. S. Art. I. Sect. III. 6. 84. The usual officers of the Houses of Congress are a President of the Senate, a Speaker of the House of Representatives, and a Secretary or Clerk, a Sergeant-at-arms, and a Door-keeper, with their assistants, of each House. 85. A sergeant-at-arms is the executive and ministerial officer of either House, authorized to enforce its orders, serve its process, and perform various duties assigned to him by the rules of pro- ceeding. The election of these officers, and their powers and duties, are referred to more particularly above, under the heads of " Senate" and ' ' House of Representatives. ' ' Rules of 2^^oceeding, 86. "Each House may determine the rules of its proceeding. " Cons, of U. S. Art. I. Sect. Y. 2.(y) It is implied that these rules shall be consistent with the pro- visions of the federal Constitution. A system of rules is adopted by each House at the commence- ment of every Congress, to be in force during its continuance ; though they may be altered or repealed by the House at any time. By a rule of the House of Representatives, no member is allowed to vote on any question in the event of which he is immediately and particularly interested, (x) 8t. Does each House sit ivith oi^en doors ? There is no express provision in the Constitution of the United States on the subject. G-enerally the proceedings and debates in each House are conducted in public ; but either House may, upon tiny occasion, determine to sit with closed doors ; as it is the prac- tice to do, in either House, when acting on matters requiring se- crecy, and in the Senate, when deliberating on treaties, nominations to office by the President, and executive business. Journal. " Each House shall keep a journal of its proceedings, and, from time to time, publish the same, except such parts as may in their judgment require secrecy." Cons, of U. S. Art. I. Sect. Y. 3. The journal of each House is drawn up by its Secretaiy or Clerk, (y) As to tlie metliod of enacting laws, see fiirtlier on, Chap. iii. {x) See in this chapter § 71. CU. III.] CONGRESS OF THE UNITED STATES. 83 under the supervision of its presiding officer, and subject to correc- tion by the House. The records of the proceedings of the Senate, in executive ses- sion, and when acting with closed doors, are accessible only to the President of the United States and to the officers and members of the Senate ; and no extract from the records can be otherwise fur- nished, except by the special order of the Senate. The journals of both Houses of Congress, except those portions of them which relate to the executive business of the Senate, or to proceedings ■wich closed doors, and not directed to be made public, have been regularly printed and published. It is generally ordered by each House that a printed copy of its journal be furnished to the Executive and each branch of the Legislature of every State. For some years, the debates in each House have been reported and published by order of Congress at the public expense. Yeas and nays. 89. "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. " Cons, of U. S. Art. I. Sect. V. 3. 90. The yeas and nays are the votes of the members severally ; the vote of each member with his name to be recorded on the jour- nal of the -House. A member of Congress, in either House, can only vote in person, and not by proxy. Punishment of viembers. 91. " Each House may punish its members for disorderly be- haviour." Cons, of U. S. Art. I. Sect. V. 2. See the head " Contempt," below. Expulsion of members. 92. There is a provision in the federal Constitution as to the expulsion of members of Congress. ' "Each House may, with the concurrence of two-thirds, expel a member." Aii. I. Sect. V. 2. Contempt of either House of Congress. 93. Each House of Congress has power to punish for contempt. There is no power expressly given to either House of Congress to punish for contempts, except when committed by their own members ; but each House has the implied power, as necessary for the performance of its duties, to imprison for contempt persons not members. The power to punish extends no further than to arrest 84 CONGRESS or THE UNITED STATES. [PAUT I, and imprisonment, and that can continue no longer than the power which imprisons. The imprisonment will terminate with the ad- journment or dissolution of Congress. Adjoin^nment. 94. The federal Constitution contains certain provisions as to the power of either House to adjourn separately. " Neither House, during the session of Congress, shall, without the consent of the other, adjourn for more than three day-s, nor to any other place than that in which the two Houses shall be sitting. " Cons, of U. S. Art I. Sect. Y. 4. A smaller number than a majority of each House may adjourn from day to day. Cons, of U. S. Art. I. Sect. Y. 1. LAWS FOR RAISING REVENUE. 95. A special power, in respect to the raising of revenue, is vested, by the federal Constitution, expressly and exclusively in the House of Representatives. ' ' All bills for raising revenue must originate in the House of Representatives ; but the Senate may propose or concur with amendments, as in other cases." Cons, of U. S. Art. I. Sec. VII. 1. This is the only instance in which legislative power is vested in one House of Congress and not in the other. It is generally considered that this clause refers to those bills only by which taxes are levied, and revenue is directly raised, and not to such bills as may merely have the incidental effect of in- creasing the revenue, OP THE DUTIES AND POWERS OP CONGRESS. 96. The powers of Congress are limited. Congress has no other powers than those expressly granted in^ the federal Constitution, and such as are incidental thereto. 9t. There is a general limitation, in the federal Constitution, of the powers of Congress. ' ' The powers not delegated to the United States in this Consti- tution, nor prohibited by it to the States, are reserved to the States respectively, or to the people." Cons, of U. S. Amendment's, Art. X. The terms of the Constitution making Congress a legislative body, and vesting in it only the "powers therein granted," imply that no others can be exercised by it. "All legislative powers, herein granted, shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives." Cons, of U. S. Art. I. Sect. I. CH. III. J CONGRESS OF THE UNITED STATES. 85 The express grant of power to Congress in certain enumerateil i-ases implies that its powers are limited. "The Constitution declares that the powers of Congress shall extend to certain enumerated cases. The specification of particu- lars evidently excludes all pretensions to a general legislative authority ; because an affirmative grant of special powers would be absurd, as well as useless, if a general authority were intended." (z) 98. There are certain powers which are expressly, by the fede- ral Constitution, prohibited to Congress. The subject of these prohibitions is treated of in a subsequent chapter of this work, (a) 99. Congress cannot exercise a power contrary to any provi- sion of the federal Constitution. 100. The authority of Congress in the exercise of those powers which are vested in it by the federal Constitution is full and complete. Evei'y power vested by Congress in the Constitution is complete in itself, and may be exercised to its utmost extent, without any limitations except such as are prescribed by the Constitution. The authority of Congress, though limited to specific objects, is full and absolute in regard to those objects, under the Constitution. Division of the powers of Congress. 101. The powers of Congress may be divided into those that are enumerated or express, and those that are incidental. They are also called either direct or implied, (b) 102. The incidental powers of Congress are those which are necessary to the powers expressly granted, by the federal Constitu- tion, to Congress. The incidental powers are to be considered as included in the express powers, and equally delegated with them, by the Constitu- tion, to Congress or the general government. All the powers of the government are, in a proper sense, enumerated powers. 103. There is a provision in the federal Constitution which recognizes, and applies to, the incidental powers of Congress. ' ' The Congress shall have power to make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the government of the United States, or in any department or officer thereof." Cons of U. S. Art. I. Sect. VIII. 18. 104. The import of this clause is, that Congress shall have all the incidental and instrumental powers necessary and proper to carry into execution all the express powers. (t'; Story on the Cons. p. 434. (a) See Part I. chap, IV. Cb) See Part I. chap. L 8 86 CONGRESS or THE UNITED STATES. [PART I. The term "necessary " here is not to be considered as equiva- lent to the terms "absolutely and indispensably necessary ; '' and as excluding all means for carrying into eflfect an enumerated power, except such as without which the grant of the power would be nugatory ; but to mean the same as needful, requisite, essen- tial, conducive to. Whenever a question arises concerning the constitutionality of a particular power, the first question is, whether the power be "expressed " in the Constitution. If it be, the question is decided. If it be not expressed, the next inquiry must he, whether it is properly an incident to an express power, and necessary to its execution. If it be, then it may be exercised by Congress. If not, Congress cannot exercise it. With respect to any proposed measure, ' ' let the end be within the scope of the Constitution ; and all means which are appropri- ate, which ai'e plainly adapted to the end, and which are not pro- hibited, but which are consistent with the letter and spuit of the instrument, are constitutional. ' ' (c) " There is not in the whole of the federal Constitution a grant of powers, which does not draw after it others, not expressed, but vital to their exercise ; not substantive and independent, indeed, but auxiliary and subordinate. There is no phrase in it which, as the Articles of Confederation did, excludes incidental and implied powers, and which requires that every thing granted shall be ex- pressly and minutely described. Even the tenth Amendment, which was framed for the purpose of quieting the excessive jealou- sies which had been excited, omits the word ' expressly, ' (which had been contained in the aiticles of Confederation,) and declares only that ' the powers not delegated to the United States, nor prohibited by it to the States, are reserved to the States respect- ively, or to the people ; ' thus leaving the question, whether a par^ ticular power, which may become the subject of contest, has been delegated to the general government, or prohibited to the States, to depend upon a fair construction of the whole instrument. " The nature of a Constitution requires, that only its great out- lines should be marked, its important objects designated, and the minor ingredients, which compose those objects, be deduced from the nature of those objects themselves. That this idea was enter- tained by the framers of the American Constitution, is to be infer- red not only from the nature of the instrument, but from its lan- guage. Why, else, were some of the limitations, found in the ninth section'of the first article, introduced ? It is, also, in some degree, warranted, by their having omitted to use any restrictive (c) 2 Story ooi the Cons. pp. 113. 118. 123. CH. ni.J CONGRESS OF THE UNITED STATES. 81 term, which might in-eveut its receiving a fair and just interpre- tation." (d) The power granted to Congress by this clause of the Constitu- tion, (Art. I. Sect. VIII. 18,) is a direct and express power, to carry into effect the powers conferred upon it, and enumerated in the Constitution ; to execute the laws it was authorized to pass. It is to be construed a power of execution. It was not intended by the provision to extend the powers of Congress to any subject matter not enumerated in the Constitution. 105. These incidental, implied powers are derived from th;; meaning of the Constitution, ascertained by its express words, or their necessary implication ; taking the whole together. They are not properly constructive powers, so called, taken from a mere construction of the Constitution; such "an enlarged construction as would extend its words beyond their nat-ural and obvious im- port, ' ' or to be formed from matter extraneous. 106. By Art. IV. sect. III. 2, of the federal Constitution, it is provided ; " 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 construed as to prejudice any claim of tlie United States or of any particular State." An eminent jurist and writer has stated his opinion to be, that this latter clause has a most important bearing upon the interpretation of the Constitu- tion in general ; referring to all the jjowers and property of the United States, under the Constitution, and to the powers reserved to the States severally ; and that the declaration, ' ' nothing con- tained in this Constitution shall be construed, &c.," prohibits any interpretation of the Constitution by which it shall operate to the prejudice of the general government, or of any particular State, by construction, (e) lOY. There are what are called resulting powers ; a class of implied or incidental powers, arising from the aggregate powers of the general government. As instances, the United States as a sovereignty is entitled to sue ; so, in their political capacity, they have a right to enter into a contract ; though there is no express provision therefor in the federal Constitution ; for these are natural incidents resulting from the sovereignty and character of the national government, so far as they are appropriate to any of the ends of government, and within the range of its powers. 108. The powers conferred, by the Constitution, on the Con- gress or the general government, may be either exclusive or concurrent. {/) ' (d) 1 Story ou the Cons. p. 418. (e) Baldwin's Cons. "Views, pp. 102-4. (f) See Part I. chap. I. 8S CONGRESS OF THE UNITED STATES, [PART I. 109. The mere grant in the federal Constitution of a power to the general government, or to Congress, does not imply that it is to be exclusive, and that it is prohibited to the States to exercise the same power. The same power exists concurrently in the several States, un- less when the federal Constitution has expressly in terms given an exclusive power to Congress, or the general government, or the exercise of a like power is prohibited to the States severally, or there is a direct repugnancy and incompatibility in the exercise of it by the States severally. 110. When Congress, in the exercise of a power existing in it concurrently with the States, passes a law, any State law contrary to it is invalid. The law of Congress, in such a case, is paramount, and the State law unconstitutional and void, so far as its provisions are different therefrom. 111. In the case of a concurrent power, in Congress, the several States may legislate on the subject, in the absence of any law of Congress thereon. 112. If Congress exercises a power which exists in it concur- rently with the several States, a State cannot legislate on the subject, in a case where, from the nature of *the subject, such legislation must be inconsistent with the discretionary exercise of the povv'er by Congress. 113. The several States do not possess a power concurrently with Congress, or the general government, in every case where it is granted to Congress or the general government, but is not given in terms exclusively to Congress, or the general government, or prohibited expressly to the several States. A power given to Congress, or the general government, may be, from its nature, such that it must be exclusive. 114. The powers of Congress relate, in general, to subjects of a national nature, (g) ENU3IERATED POWERS OE CONGRESS. 115. The enumerated powers of Congress expressly specified in the Constitution, maybe properly considered under the particular heads of the subjects to which they relate. Revenue. Taxes. 116. The power of Congress as to raising revenue, or laying taxes, is defined by the Constitution. " The, Congress shall have power — to lay and collect taxes, duties, imposts and excises, to pay the debts, and to provide for the common defence and general welfare of the IJnited States ; but {g) See alDOve, chap. I. par. 29. OH. III.] C'ONGRESS OF THE UNITED STATES. 89 all duties, imposts and excises shall be uniform throughout the United States. Cons, of U. S. Art. I. Sect. Till. 1. IIT. The words "to pay the debts, and to provide for the common defence, and general welfare," do not constitute a distinct and substantial power. They are connected with the preceding words in the clause, so as to constitute a qualification of them. The power of taxation only is given by the clause, and it is limited to objects of a national character, ' ' for the common defence and general welfare. "(7i) 118. As to the meaning of the terms " imposts and excises ;" taxes include every species of what is levied by government ; duties are laid upon any kind of commodities generally ; "imposts" upon imported articles ; and " excises" upon the manufacture, retail or consumption of goods. 119. Taxes may, in general, be divided into di?'ect and indirect taxes. Direct taxes are those which are laid directly upon the persons or property of individuals. And it has been adjudged, that under the Constitution of the United States, du-ect taxes wei-e only of two species — a tax upon the person, which is called a capitation tax or poll tax, and a tax upon land. Consequently, all taxes not levied upon the person or land are to be treated as indirect taxes. 120. Direct taxes must be apportioned among the several States according to the numbers of their inhabitants respectively. " No capitation, or other direct tax shall be laid, unless in pro- portion to the census or enumeration, hereinbefore directed to be taken." Cons, of U.S. Art. I. Sect. IX- 4. ' ' Representatives and direct taxes shall be apportioned among the several States, which may be included within this Union, ac- cording to their respective numbers, which shall be determined by adding to the whole number of free persons, including those bound to service for a term of years, and excluding Indians not taxed, three-fifths of all other persons. Co7is. of U. S. Art. I. Sect. II. 3. The computation of numbers, on which is founded the apportion- ment of direct taxes, is, of course, according to what is called the federal method, in reference to the operation of which some ob- servations have been here previously made. (^) 121. As to the laying of indirect taxes, it is provided by the Constitution, that ' ' they shall be uniform throughout the United States. Cons, of U. S., Art. I. Sect. YIII. 1. 122. Duties on articles imported from foreign countries, called customs, or imposts, are laid and collected in the following man- ner in general. By Acts of Congress certain cities or towns are made places oi" ports of entrij, and custom ]\ouses established (h) 2 Story on the Con.,., ii. oJ7. (0See44abo\'e, in this chapter. 8* 90 COXGEESS OF THE U>TTED STATES. [PART I. thereat, for wMch collectors and other officers are appointed. At some of these places, all vessels from other countries, and with foreign goods, are obliged to enter, and to hare their cargoes un- laden ; and from some of these places all vessels destined for a foreign port must obtain a clearance. All ships and vessels engaged in foreign commerce, or the coasting trade, that belong to citizens of the TTnited States, are named, measured as to tonnage, and re- gistered or enrolled in the custom houses. These vessels always cany with them papers, signed by the proper officers of the United States, showing what they are, to what port they belong, and whose property they are. VThen they depart from a port, they must have a certificate of clearance fi'om the proper custom house ; and when they return to any port of the United States, from a foreign coun- try, the master of the vessel must make a statement in writing, on oath, of all the property laden on board his vessel. Foreign goods thus imported are liable to pay the duties, imposts or customs, im- posed by the Acts of Congress. The captain's statement is called a manifest ; and contains the names of the persons that send the goods, who are called consignors, and the names of the persons to whom they are sent, who are called consignees. The consignees appear at the custom-house, and claim the goods consigned to them ; make a list of them, and swear to its being conformable to the manifest, and to the loading of the vessel ; which is called an entry. The amount of the duties on the goods in the vessel being ascertained, the consignees give bonds therefor, with sm'eties to the United States. When these bonds are given at the custom-house, the proper officer gives to the consignee a written pe?'mzY to receive the goods fi'om the vessel, mider the inspection of an officer, whose duty it is to see that the goods agree with the permit. The same course is pursued in case of a vessel belonging to citizens of other countries, amving here with foreign goods. Tiolations of the laws on this subject subject the vessel and its loading to condemnation and forfeiture, and are otherwise severely punished on trial, in the courts of the United States. There is a number of officers and agents at the custom-houses required for the enforcement of the revenue laws, and receiving and accounting for the duties collected ; who are appointed by the President of the United States, or Se- cretary of the Treasury. These laws are carried into eflPect under the direction of the Secretary of the Treasury through his depart- ment See Chap. YIII, head Treasury Department. Smuggling, or bringing foreign goods into the country secretly and in violation of the revenue laws, for the purpose of avoiding the payment of the duties thereon, is punished with forfeiture of goods, fine and imprisonment. There are some remarks applicable to this subject under the head which treats of the power of Congress to regulate commerce. 1 CH. m.] CONGRESS OF Tlli: UNITED STATES. 91 123. A direct tax may be laid \)y Cong-ress upon property iu u District or Territory not represented in Congress. The power i3 co-extensive witli the territory of the United States. It has been decided by the Supreme Court of the United States, that Congress, in laying a direct tax upon the several States, was not constitutionally Ijound to extend such tax to the district or ter- ritories of the United States ; but that it was a matter of discretion. »Vhen, however, a direct tax is to be laid on the district or territo- ries, it can be laid only by the rule of apportionment, (jj) 124. Congress has, under this power, claimed and exercised authority to lay duties for the purpose of encouraging and protect- ing articles of domestic manufacture, or produce, as well as for raising revenue on imports. And such power has been claimed, also, under the ]>ower of Congress, " to regulate commerce with foreign nations. " The lay- ing by Congress of duties upon goods imported, is called a "tariff. " 125 Has Congress authority to establish a national bank ? It is claimed, that Congress has such a power as incidental to the enumerated powers to raise money, to regulate commerce, to coin money and regulate the value thereof, and to provide for the common defence and general welfare. 126. All bills for raising revenue must originate in the House of Representatives ; but the Senate may propose or concur with amendments, as in other bills. Cons, of U. S. Art. I. Sect. YII. 1. 127. There is a prohibition in the federal Constitution as to Congress laying taxes or duties on exports. ' ' No tax or duty shall be laid upon articles exported from any State. No preference shall be given, by any regulation of com- merce or revenue, to the ports of one State over those of another; nor shall any vessels bound to or from one State be obliged to enter, clear, or pay duties in another." Cons, of U. S. Art. I. Sect. IX. 5, 6. 128. There is a prohibition iu the federal Constitution as to the several States laying taxes or duties on imports or exports. "No State shall, without the consent of Congress, lay any imposts or duties upon imports or exports, except what may be absolutely necessary for executing its inspection laws ; and the nett produce of all duties laid by any State on imports and exports shall be for the use of the treasury of the United States ; and all such laws shall be subject to the revision or control of Congress. No State shall, without the consent of Congress, lay any tonnage duty." Cons, of U. S. Art. I. Sect. X. 2. 129. The power of Congress to lay and collect taxes, &c., is not exclusive. (jj) 2 Sto. Com. p. 412. 92 CONGRESS OF THE UNITED STATES. [PART I. It is a power which the States may exercise, except as to duties on imports and exports, concurrently with Congress. "The language of the Constitution does not, in terms, make it an exclusive power in Congress ; the existence of a concurrent power is not incompatible with it by Congress ; and the States are not expressly prohibited from using it by the Constitution. A concurrent power, therefore, remains in the States as a part of their original and unsurrendered sovereignty. ' ' {k) It has been decided that a law of a State, laying a tax on the Bank of the United States, was unconstitutional. It has been held, also, by the Supreme Court of the United States, that a State had not constitutional authority to tax stock issued for loans to the United States. ISTo State can have autho- rity to tax an instrument of the United States. 130. The federal Constitution directs in what manner only money can be dra-rni from the treasury of the United States. "N'o money shall be drawn from the treasury, but in conse- quence of appropriations made by law." Cons, of U. S. Art. I. Sect. IX. 1. 131. The provision of the federal Constitution as to the account of the public money is : "A regular statement and account of the receipts and expendi- ttires of all public monies shall be published, from time to time. ' ' Art. I. Sect. IX. 1. Power to borrow vioney. 132. As to the power of Congress to borrow money ; " Congress shall have power to borrow money on the credit of the United States." Cons, of U. S. Art. I. Sect. YIII. 2. Power to regulate commerce. 133. As to the power of Congress to regulate commerce : " Congress shall have power to regulate commerce with foreign nations, and among the several States, and with the Indian tribes." Cons, of U. S. Art. I. Sect. VIII. 3. 134. The term "commerce" here includes navigation and intercourse generally. 135. Commerce with foreign countries may be regulated by treaties, made by the President and Senate of the United States. "From the nature of this power, in Congress, it must be exclusive. ' ' "The general power of Congress to regulate commerce is not restricted to the mere buying and selling, or exchanging, of mer- chandize and commodities, but includes navigation, as well as (k) 2 Story's Comm. p. 412. TH. T T.] CONGRESS OF THE UNITED STATES. 93 commercial intercourse in all its branches, and extends to all vessels by whatsoever force propelled, and to whatsoever purposes applied." Under this power Acts of Congress have been passed prescribing- the requisites to constitute "American vessels," or requiring them to be navigated by "American seamen," or to conform to other regulations. ' ' The power to regulate commerce, thus understood, extends to every species of commercial intercourse between the United States and foreign nations, and amongst the States of the Union, and the Indian tribes." The Supreme Court of the United States has decided that, under this provision, Congi'ess cannot interfere with the slave trade be- tween the States. The decision was on the ground that in the Constitution slaves are treated as persons, and not as property ; they not being, therefore, the subjects of commerce. * Commerce loith foreign nations. ' ' The commerce of the United States with foreign nations, is the commerce of the whole Union ; and each State and district has a right to participate in it by means of the navigable streams which penetrate the country in all directions, and pass through the interior of almost every State in the Union." The power of Congress to regulate foreign commerce, must be exercised wherever it exists ; and as a foreign voyage may com- mence and terminate at a port within the same State, this power of Congress may be exercised within a State. "The power of Congress, then, comprehends navigation within every State in the Union, so far as that navigation may be in any liianner connected with "commerce with foreign nations, or among- fhe several States, or with the Indian tribes." "As the power of regulating commei'ce reaches the interior of a State, and may be there exercised. Congress has a right not only to authorize importations, but to authorize the importer to sell. "An Act of a State Legislature, requiring wholesale importers and sellers of foreign goods to obtain a license from the State, and to pay a sum of money for the privilege of selling, was conse- quently held to be void, as repugnant not only to that provision of the Constitution which restricts a State from laying duties on imports, but to that which invests Congress with the power "to regulate commerce." ' ' The power to regulate foreign commerce extends to the regu- * Grove vs. Slaughter, 15 Peters' Rep. p. 508. 94 COXGHESS CF THi: rXTTED STATES. [PAKT I. lation and government of seamen on board of merchant sMps be- longing to citizens of tbe United States ; to conferring privileges upon ships owned and built in the United States ; to quarantine, pilotage, and embargo laws ; to wrecks of the seas ; the construc- tion of light -houses ; the placing of buoys and beacons ; the removal of obstructions to navigation in creeks, rivers, sounds and bays ; to the establishment of securities to navigation against inroads of the ocean ; and to the designation of particular ports of entn- and delivery for the purposes of foreign commerce. "The regulation of commerce has also been employed for the purposes of revenue ; of prohibition, retaliation, and commercial reciprocity : to encourage domestic navigation ; and to promote the shipping and mercantile interests by bounties, discriminating duties, and special preferences ; and sometimes to regulate inter course with a view to mere political objects." Duer's Constitu tional Jurisjjrudence, pp. 142-5. The law of a State granting an exclusive privilege of steam navigation upon waters wholly in the State, but which are naviga- ble from the ocean, was held by the Supreme Court of the United States to be void, as repugnant to the federal Constitution, so far as such privilege interfered with a similar privilege derived from Acts of Congress. The power of prohibiting the importation of slaves into the United States, after the year 1808, is included in the power to regulate commerce ; as the restriction which postponed its exercise arose ft'om an express exception in the grant of the general power. By Acts of Congress the slave trade, in importing slaves fi'om foreign countries, by citizens of the United States, is declared to be piracy, and punishable with death. It has been judicially decided that an Act of Congress laying an embargo upon all vessels in our ports, and prohibiting all manner of exportation, was constitutional. Under the power to regulate commerce. Congress may thus totally interdict it. Laying an embargo is the prohibition, by a government, of vessels fi-om leaving or entering certain ports for a specified time. Commerce among the several States. 136. The "power to regulate commerce among the several States," does not extend to that commerce which is completely internal ; and comprehensive as are the terms in wMch it is con- ferred, it is, nevertheless, restricted to that commerce which con- cerns more States than one. "For the genius and character of the government evince that its action is to be applied to all the external concerns of the nation, and to the internal concerns which affect the States generally; but not to those which are completely within a State, which do not CH. in.] CONGRESS OF THE UNITED STATES. 95 affect other States, and with which it is not necessary to interfere for the purpose of executing any of the general powers of the na- tional government. " The completely internal commerce of a State is therefore re- served for the State itself; but, as the power of Congress to regu- late foreign commerce does not stop at the jurisdictional lines of the States, so the power to regulate commerce amongst the States is not limited by State boundaries. ' ' For not only do waters communicating with the ocean pene- trate into the interior, and pass in their course through the several States ; but in many cases there are waters in and upon the bounda- ries of several of the States, which, though not navigable to the sea, afford means of commercial intercourse between those States, and furnish occasion to Congress for the exercise of the power in question. " This power may be exercised wherever the subject exists; and if the means of commercial intercourse exist within a State ; if, for instance, a coasting voyage may commence or terminate within a State, then the power of Congress to regulate commerce amongst the States, may be exercised within a State. " Commerce amongst the States must necessarily be within the States ; and in the regulation of the Indian trade, the action of the law is chiefly within individual States ; whilst in this case, as well as with respect to commerce amongst the States, the powder of Con- gress being co-extensive mth the subject on which it acts, cannot be stopped at the internal boundary of the State, but must enter its limits, and be exercised within its territorial jurisdiction. " The power of Congress to regulate commerce amongst the States, extends to regulating navigation, and to the coasting trade and fisheries, within as well as without any State, wherever they are -connected with the commercial intercourse with any other State, or with foreign nations. ' * It extends also to the regulation and government of seamen ; to conferring privileges upon vessels engaged in the coasting trade ; and to the n^igation of vessels engaged solely in carrying passen- gers, as well as of those engaged in traffic, whether propelled by steam or otherwise. ' ' The principles upon which a State law, requiring importers and venders of foreign goods to obtain a license from the State government, was declared to be repugnant to the Constitution of the United States, were held to apply to a similar interference with importations from one State to another. ' ' Although the power of a State to regulate its purely internal commerce, and establish its own police to control and promote that trade, and to guard the health and safety of its citizens, are un- doubted ; yet neither these nor any other acknowledged State 96 CONGRESS OF THE UMTED STATES. [PART I, powers can, consistently with the federal Constitution, be so used as to obstruct or defeat the power of Congress to regulate commerce amongst the States, Nevertheless, if measures within the powers of State legislation do not come into actual collision with the powers of the general government over navigable streams within a State, the national courts can take no cognizance of those measures or their effects, where there has been no legislation of Congress with which the operation of the State law could interfere. Commerce ivifh the Indians. IST. The power of Congress to regulate commerce with the Indian tribes is to be construed in the same manner ; and it extends equally to tribes living within, or without the territorial limits of the United States ; and the trade with them, in all its forms, is subject exclusively to the regulation of Congress. " The Indian territory within the United States composes apart of the Union ; and in the intercourse between the general govern- ment and foreign nations, in commercial regulations, and in any attempt at intercourse between foreign nations and the Indian in- habitants, they are considered as within the jurisdictional limits of the United States, and subject to many of the restraints which are imposed by the latter on their own citizens. ' ' The tribes residing within the acknowledged boundaries of the Union, are not deemed foreign nations, within the meaning of the Constitution, but are considered as domestic dependant nations, occupying a territory to which the United States asserts a title, which must take effect when the right of occupancy of the Indian ceases ; and in the mean time they are in a state of pupilage to the general government. " They are distinguished in the Constitution by an appropriate name fi'om foreign nations, as well as from the several States com- posing the Union ; and the objects to which the power of regulating commerce may be directed, are divided into several classes accord- ing to that distinction. ' ' The relation in which the Indians stand to the country involves practically no claim on their lands, and no dominion over their persons ; but merely binds them to the general government as de- pendent allies, claiming the protection of a powerful friend and neighbour, and receiving the advantages of that protection without its involving a surrender of their national character. " Congress has from time to time passed laws to regulate trade and intercourse with the Indians, which treat them as nationi, respect their rights, and manifest a purpose to afford that protection to them for which treaties stipulate ; which laws, and especially the laws now in force, consider the several Indian Xations as dis- f CH. ni.] CONGRESS OF THE UNITED STATES. 9T tinct political communities, having territorial boundaries, within which their authority is exclusive. ' ' The treaties and laws of the United States contemplate the Indian territory as completely separated from that of the States ; and provide that all intercourse mth them shall be carried on ex- clusively by the government of the Union ; whilst the powers of Congress to regulate commerce, to declare war, make peace, and conclude treaties, comprise all that is required for regulating inter- course with the Indians. " Duer^s Constitutional Jurisprudence, p. 155-161. Navigation laws. 138. Acts of Congress have been passed, called our navigation laws, for the regulation of navigation and commerce. ' ' The grand aim of our policy has been to encourage our own trade, navigation and ship building, by co^iferring peculiar privi- leges on ships built or captured, and wholly owned and commanded by American citizens. For this purpose every ship engaged in foreign commerce is required to be 7-egistered with the collector of the port to which she belongs. The registry must contain an accurate measurement and description of the ship, with the names of the builder, master and owners. A certificate of registry then issues ; and security is taken that it shall be used only for that ship. At every change of ownership or burthen, a new certificate must be obtained ; and upon every change of master, that fact must be reported to the collector, and by him endorsed on the certificate. Moreover, every sale or transfer must be evidenced by a wi'itten bill of sale, reciting the certificate at length. A failure to comply with these requisites always involves a forfeiture of American privi- leges, and sometimes of the ship itself. These privileges consist in discriminating duties on foreign goods in favour of our own citizens. If a vessel be only owoied by Americans, and not built here or ob- tained by capture, she is mei'ely entitled to a passport from the custom-house, for her protection as to national character ; but she cannot be registered, and must pay foreign duties. And every ship engaged in foreign commerce requires, besides a certificate of registry, various other vouchers of national character ; in relation to the citizenship of its officers and seamen, the revenue laws, and the numerous regulations for the health, protection and comfort of the seamen." See Part I. c. Ill, as to revenue laws. "In pursuance of this power of Congress, a system of regula- tions has, also, been provided for the vessels engaged in the com- merce between the States, the coasting trade and fisheries, similar to those provided for vessels engaged in foreign commerce. If such vessels be over twenty tons burthen, they must be enrolled with the collector of the district, who issues a certificate of enroll- 9 98 CONGRESS OF THE UNITED STATES. [PART L vient. The rules and requisites of enrollment are in all respects the same as registry. If under twenty tons burthen no enrollment is necessary. Bat in either case a license must be taken out for the coasting trade or fishing. Otherwise, such vessels must pay foreign duties, if in ballast or laden with native products ; and they are liable to forfeiture, if laden with foreign products. If vessels thus enrolled and licensed would make a foreign voyage, the en- rollment and license must be surrendered, and a registry taken out, and vice versa. These provisions for registry and enroll- ment, of course, include steamboats as well as other vessels. — It will be seen that they enable the government to determine, at any time, the exact amount of American shipping, as well as the portions of it employed respectively in foreign and domestic com- merce. At the same time, they enable all persons concerned to trace the title to ships, by referring to the custom house books. " (?. ) Poiver to naturalize aliens. 139. The power of naturalizing aliens is vested, by the federal Constitution, in Congress. " Congress shall have power to establish an uniform rule of natu- ralization throuo-hout the United States. " Cons, of U. S. Art. L Sect VIII. 4. It is implied that Congress has the power of establishing such a rale, or of not legislating on the subject, at its discretion. This power is an exclusive one in Congress. The States sev- erally have no power on the subject. See Part. II. cJi. II. 140. There is a provision of the federal Constitution as to the privileges and rights of citizens of each State in the several other States." " The citizens of each State shall be entitled to all the privileges and immunities of citizens in the several States. " Cons, of U. S. Art lY. Sect II. 1. 141. Aliens are persons born out of the jurisdiction of the United States. Some general remarks in relation to aliens, their rights and privileges, are to be found in the fii'st chapter of this work, (ni) 142. There are Acts of Congress which provide how aliens may be natm"alized, or become citizens of the United States. They may be naturalized by the courts of record of the United States, or of the several States, under the Acts of Congress, upon complying with the provisions thereof 143. These are the requisites, in general, under the Acts of Con- gress, for the naturalizations of alien. Any alien, being a free white person, of the age of twenty-one years, not a native citizen, denizen or subject of a country at war (I) Walker's American Law, pp. 133, 134. (m) See. above, chapter I, head Citizens of the United States. CH. III.] CONGRESS OF THE UNITED STATES. 99 with the United States, may be so naturalized, on the following conditions : I. The applicant must have declared his intention, under oath or affirmation, to become naturalized, before some federal or State court of record, or its clerk, two years l^efore his admission ; unless he has resided in this country since 1812 ; or unless being a minor he has resided therein three years before he became of the age of twenty-one years. II. The applicant must have resided for the continued term of five years, next preceding his application, within this country, and one year within the State where the application is made ; and that during that time he has behaved as a man of good moral character, attached to the principles of the Constitution of the United States, and well disposed to the good order and hap- piness of the same ; which must be proved to the satisfaction of the Court, by other testimony than the applicant's own oath. III. The applicant must, at the time of his application, declare on oath or affirmation, before the court, that he will support the Constitu- tion of the United States, and that he doth absolutely and entirely renounce and abjure all allegiance and fidelity to every foreign prince, potentate, state or sovereignty whatever, and particularly by name the prince, potentate. State and sovereignty, whereof he was born a citizen or subject. IV. The applicant must make in the court, an express renunciation of any hereditary title, or order of nobility, that he may have borne in the kingdom or State from which he came. 144. The children of persons duly naturalized, being under the age of twenty-one years at the time of their parents being so natu- ralized, are to be considered as citizens of the United States. The Act of Congress confines the description of aliens capable of being naturalized to " free white persons." This excludes the Inhabitants of Africa, and their descendants. Indians cannot be made citizens under the Act of Congress. Bankruptcy. 145. Congress has power to legislate on the subject of bank- ruptcy. " Congress has power ; — to establish uniform laws on the subject of bankruptcies, throughout the United States." Cons, of U. S. Art. I. Sect. VIII. 4. 146. What are, in general, the objects of a bankrupt law ? To compel an equal distribution of the effects of a bankrupt among his creditors, without preference, in proportion to their claims, by providing that from the time of his committing an act of bankruptcy his power over his property shall cease, and tliat com- missioners shall be appointed to take possession of it, and to apply the proceeds thereof to the payment of his debts ; and to exempt J 00 CONGRESS OF THE UXITED STATES. [PART I. the person of a bankrupt acting honestly, from liability for his former debts. 14T. There is not any Act of Congress in force now on the sub- ject of bankruptcies. The last bankrupt law by Congress was passed on the 19th day of August, 1841, and was repealed on the 3d of August, 1843. 148. "What is the difference, in general, between bankrupt laws and insolvent laws ? By the bankrupt laws the debtor may be discharged from his debts ; but by the insolvent laws he is, usually, only discharged from imprisonment or liability thereto. 149. Have the States severally a right to enact bankrupt laws ? Yes ; where there is no Act of Congress on the subject in force ; and provided that they do not violate the provision of the federal Constitution, ' ' that no State shall pass any law impairing the obliga- tion of contracts. " And a bankrupt law of a State cannot affect citizens of other States. Coining money. Currency. 150. What is the power of Congress as to coining money ? " Congress shall have power — to coin money, and to regulate the value thereof, and of foreign coins." Cons, of TJ. S. Art. I. Sect. YIII. 5. There are Acts of CongTess declaring what shall be money of the United States, providing for the coining of such money, and regu- lating its value ; and which also detennine the value of the coins of foreign countries. There is thus coined by the general government gold, silver and copper money ; mints being established for that purpose in different places. And gold and silver are, by Act of Congress, made a legal tender in payment of debts. 151. The provision of the federal Constitution as to the power of the several States on the subject, is : "Xo State shall coin money, emit bills of credit, or make any thing but gold and silver a tender in pavment of debts." Cons, of U. S. Art. I. Sect. X. 1. 152. The power "to coin money, and to regulate the value thereof, and of foreign coin, " was given to Congress, and withheld from the several States, with the prohibition upon the several States not "to emit" bills of credit, or make any thing but gold and silver a tender in payment of debts, ' ' in order to insure a sound and uniform currency throughout the TTnion,(n) There are no direct prohibitions upon Congress not to emit bills of credit, nor make any thing but gold and silver a legal tender; (n) See Part I. Cliap. V. CH. m.] CONGRESS OF THE UNITED STATES. 101 however such may be considered as existing by implication. Yet Congress has neither directly emitted bills of credit, nor made any thing but specie a legal tender. 153. As to the punishment of counterfeiting coin, it is provided : ' ' Congress shall have power to provide for the punishment of coun- terfeiting the securities of the United States. ' ' Cons, of U. S. Art. I. Sect. VIII. 5. Weights and measures. 154. "Congress shall have power — to fix the standard of weights and measures." Cons, of U. S., Art. I. Sect. VIII. 5. Congress has exercised this power. It is directed by Act of Congress that a complete set of the standard weights and measures used at the custom houses, and for other public purposes, shall be delivered to the Governor of every State, or some person appointed therein, to be uniform standards throughout the Union. As to the power of the several States on the subject ; — until Congress shall fix a general standard of weights and measures for the United States, each State has the power of fixing a standard for itself Many of the States have by law established such stan- dards, for certain purposes. Post offices and post roads. 155. "Congress shall have power — to establish post offices and post roads." Cons, of U. S., Art. I. Sect. VIII. 7. " This power is exclusive, so far as it relates to the conveyance of letters and other articles by mail ; but not in regard to post roads, as it would be unnecessary for Congress to make another road where a sufficient one for the purpose already existed ; whilst, on the other hand, no State has power to deny or obstruct the passage of the mail over its public roads. ' ' Various provisions, in regard to post offices and the convey- ance of letters and other articles by mail, have been made by Con- gress at diiferent times, founded on the principle of the power being exclusive as to those objects."* It has been claimed, that under this power, in conjunction with the powers to raise money to provide for the general welfare, and to pass all laws necessary and proper for carrying into execution the powers vested in the general government, Congress has power to appropriate money and provide for internal improvements in the several States by means of roads and canals. It has also been claimed that Congress has the power to lay out, construct and improve post roads and military roads, with the as- sent of the States through which they pass, as well as to construct * Du^r's Cons. Jurisprudence, pp. 161, 162. 9* 102 CONGRESS OF THE UNITED STATES. [ PART I. canals through the several States, for promoting and securing in- ternal commerce, and for the more safe and economical trans- portation of troops and military stores in time of war ; leaving the right of jurisdiction over the soil to the respective States. Copy rights, and patent rights. 156. The power of Congress as to patent rights and copyrights is declared by the federal Constitution. "Congress shall have power — to promote the progress of sci- ence and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and disco- veries." Cons, of U. S. Art. I. Sect. VIII. 8. There are Acts of Congress securing to authors of books, &c., being citizens of the United States, or residents therein, the exclu- sive right of printing, publishing and selling them, for twenty-eight years, to be renewed for fourteen years, by the author, or his widow, or children ; and to inventors of useful arts, machines, manufactures, &c. the exclusive right of making and selling the same for fourteen years. The right intended to be secured to an author is called a cojyy- right ; and to an inventor a patent right. Piracies and felonies on the high seas. 15 T. " Congress shall have power — to define and punish pira- cies and felonies on the high seas." Cons, of U. S. Art. I. Sect. VIII. 10. Piracy is defined by the law of nations to be robbery, or a forcible depredation, on the high seas, without lawful authority. And by the high seas is understood not only the ocean out of sight of land, but waters on the sea coast beyond the boundary of low water mark. Congress has the right to pass laws to punish pirates, though they be foreigners, and may have committed no particular offence against the IJnited States ; and for the purpose of giving jurisdic- tion, it is of no importance on whom, or where a piratical offence has been committed. By Act of Congress, robbery on the high seas, or in any open roadstead or bay, where the sea ebbs and flows, in or upon any vessel or its crew, or lading, is punishable as piracy. Grimes and offences against the United States. 158. The government of the Union being formed for national purposes only, its power to define and punish offences is limited to those which affect the whole country ; whilst the several States have the power of legislation, and jurisdiction, in relation to crimes and CH. m.] CONGRESS OF THE UNITED STATES. 103 offences generally, of a local and municipal character, as bclongiuij,- to their internal police. 159. The power of Congress to punish crimes and offences is either express or incidental. 160. There are five classes of crimes and offences against thi; United States, which Congress has defined and punished, in pur- suance of its express power gi'anted by the federal Constitution. I. Treason against the IJnited States. II. Offences against the law of nations ; as violations of safe-conducts, or passports, for the pro- tection of aliens, issued by the authority of the United States ; in- fringement of the rights of ambassadors ; and piracy. III. Offences committed on the high seas ; as piracy, murder, manslaughter, may- hem, robbery and larceny and other felonies ; being concerned in the foreign slave trade ; and certain offences against ships and ves- sels. IV. Counterfeiting the securities and current coin of the United States. Y. Offences committed in places where Congress has the power of exclusive legislation ; as in the District of Colum- bia, the territories of the United States, and places purchased by the general government for forts, arsenals, dock-yards, and the like ; as murder, manslaughter, arson, mayhem, larceny, and other fel- onies. There is a general provision by Act of Congress, that if any offences be committed in such place of exclusive federal juris- diction, not specially provided for, the punishment shall be the same, as is provided for such an offence by the laws of the State in whicli the place is situated. Unless the jurisdiction of the State over such a place has been expressly reserved, in the cession or grant thereof, it entirely ceases. 161. There are many offences against the United States which have been defined, and their punishment provided for by Congress in pursuance of its incidental powers. These offences are princi- pally included in the following classes. Offences against the rev- enue laivs ; the power to punish which is incidental to the power of Congress "to lay and collect taxes, duties, imposts and excises. " Offences against the laws in relation to the Indians and their territories; which are declared by Congress under its powers incidental to the power to regulate commerce " with the Indians. " Some of these offences are, entering the territory secured to the Indians, south of the Ohio river, without a passport from the proper authority ; so entering any other such territory, for the purpose of hunting and grazing ; committing any offence against the person or property of a friendly Indian within the Indian territory ; trading with the Indians for the purchase of land, without authority from the general government ; settling upon any lands belonging to the Indians, or attempting so to do ; trading with the Indians without license ; an Indian agent being concerned in any trade with Indians on his own account ; any Indian or otlier person committing \\nthin lU-t CONGRESS OF THE TNITED STATES. [PAET I. the Indian territorv any offence whicli would be punishable if com- mitted witMn places of exclusive federal jurisdiction. Offences against the post-office regulations ; the power of Con- gress to provide for the punishment of which is incidental to its power "to establish post-offices and post roads.-' Certain offen- ces in regard to foreign nations: made punishable by virtue of the incidental power which the general government has in preserv- ing the peace of the country with foreign nations, and directing its foreign relations. Some of this class of offences are ; accepting and exercising by an American citizen, within our jurisdiction, a commission to serve one foreign government against another foreign government at peace with us ; enlisting, within oui' jurisdiction, in the service of any foreign government on board of any vessel of war ; fitting out or arming, or being concerned, within our jurisdic- tion, of any vessel for the service of one foreign government against another with which our country is at peace ; being concerned in setting on foot any military expedition against any foreign govern- ment with which we are at peace ; and the like. Offences com- mitted hy officers of the general government; which are made punishable by virtue of the power to appoint such officers, and of the interest and incidental power which every government has to protect itself from injury done by its own functionaries or agents. These offences are ; taking illegal fees, extortion by color of offlce, embezzlement of the public money or property, and the like. Offences against the lav: of nations. 162. Congress has power to define and punish offences against the law of nations. Cons, of U. S. Art. I. Sect. YIII. 10. (o) Offences against the law of nations are violations of safe con- ducts, or passports, infringements of the rights of ambassadors or other foreign ministers, and piracies. There are Acts of Congress providing for the punishment of these offences. Poiocr to declare icar. 163. The power of declaring war is vested in Congress. "Congress shall have power — to declare war; grant letters of marque and reprisal ; and to make rules concerning captures on sea and land." Cons, of U. S. Art. I. Sect. YIII. 11. 164. Letters of marque and reprisal are commissions from a government to private citizens to seize and capture the bodies or property of another nation. They are generally issued in time of war. A person so commissioned is called a privateer. 165. There is a prohibition in the federal Constitution as to any State engaging in war. (o) See above. Chap. 11. as to the law of nations. ClI. III.] CONGRESS OF THE UNITED STATES. 105 " No State shall, without the consent of Congress, engage in war, unless actually invaded, or in such imminent danger as will not admit of delay." Cons, of U. S. Art. I. Sect. X. 2. " No State shall grant letters of marque and reprisal." Art. I. Sect. X. 1. Army and Navy. 166. Congress is authorized to raise and support armies and navies, and provide for their government. " Congress shall have power — to raise and support armies ; but no appropriation of money to that use shall be for a longer term than two years." Cons, of U. S. Art. I. Sect. Till. 12. " Congress shall have power — to provide and maintain a navy. " Cons, of U. S. Art. I. Sect. VIII. 13. " Congress shall have power — to make rules for the government and regulation of the land and naval forces." Cons, of U.S. Art. I. Sect. YIII. 14. The several States are prohibited from keeping troops or ships of war ' ' No State shall, without the consent of Congress, keep troops or ships of war in time of peace." Cons, of U. S. Art. I. Sect. X. 2. Military academy. 167. How is the power of Congress to establish a military academy derived ? It is an incidental power ; incidental to the powers to make war, to raise armies, to provide and maintain a navy, and to lay and collect taxes, to provide for the common defence and general welfare. Militia. 168. What is the power of Congress as to calling out the militia ? " Congress shall have power — to provide for calling out the militia, to suppress insurrections, and repel invasions. " Cons, of U. S. Art. I. Sect. YIII. 15. 169. What is the power of Congress as to organizing, arming, disciplining, and governing the militia ? " Congress shall have power — to provide for organizing, arming and disciplining the militia, and for governing such part of them as may be employed in the service of the United States, reserving to the States, respectively, the appointment of the officers, and the authority of training the militia, according to the discipline pre- scribed by Congress." Cons, of U. S. Art. I. Sect. VIII. 16. 106 CONGRESS OF THE UNITED STATES. [PART I. 170. The President of the IJuited States is Commander-in-chief of the militia of the several States, when called into the actual ser- vice of the United States. Cons, of U. S. Art. II. Sect. II. ] . 111. How are arms provided for the militia ? Under Acts of Congress, the general government furnishes to the several States arms and military equipments in proportion to their number of militia respectively. There are national armories for the manufacture of such arms and equipments. The arms and equipments thus supplied are preserved by the States, to be distri- buted to the militia for discipline, and to be ready for actual sei'vice. 112. There are Acts of Congress for organizing and disciplining the militia in the several States. 113. There are /^cts of Congress providing in what manner the militia may be called forth into the service of the United States. It is provided, in general, by the Acts of Congress, that the President of the United States shall be authorized, in case of inva- sion, or of imminent danger of it, to call forth such number of the militia, most convenient to the scene of action, as he may deem necessary. The President's orders, for this purpose, may be given to the chief Executive magistrate of a State, or to any militia officer he may think proper. The manner in which the militia is to be organized, armed, disciplined and governed, is prescribed ; and provision made for drafting, detaching, and calling forth the State quotas, when required by the President. The militia so called out are made subject to the rules of war. And persons refusing or neglecting to perform military service, when regularly called or drafted, are liable to a fine, to be adjudged by a court martial, composed of militia officers. 1T4. It has been adjudged by the Supreme Court of the United States, that under the federal Constitution and Acts of Congress, it belongs exclusively to the President to judge when the exigency arises, in which he may call forth the militia, (^j) Seat of government of the United States, &c. — Legislation over the District of Columbia, Sc. Its. The Constitution has vested Congress with the power of exclusive legislation over certain districts and places. "Congress shall have power; — to exercise exclusive legislation in all cases whatsoever, over such district, (not exceeding ten miles square) as may, by cession of particular States, and the acceptance of Congress, become the seat of government of the United States, and to exercise like authority over all places purchased, by consent of the Legislature of the State in which the same shall be, for the ^ n) Kent",;; Coium. ou American Law, pp. 2G4, 265. CH. nij CONGRESS OF THE UNITED STATES. lOT erection of forts, magazines, arsenals, dock-yards, and other needful buildings." Cons, of U. S. Art. I. Sect. VIII. 11. 176. The District of Columbia, iu which is the city of Wash- ington, has become the seat of government of the United States. The District of Columbia was ceded to the United States by the States of Maryland and Virginia. It is governed by laws made directly by Congress, either adopting those which were in force I'^hen, or enacting new provisions. There is no Representative or Senator in Congress from it. Nor has it any local Legislature. A citizen of this District is not a citizen of a State within the meaning of the word "State" in the Constitution of the United States, and therefore cannot maintain a suit in the federal courts against a citizen of a State, (q) Congress, when legislating for the District, under this Constitu- tional provision, is the Legislature of the Union, and its Acts arc the laws of the United States. Such laws are not confined in their operation to the District, (r) The power of Congress to exercise legislation in all cases within the District, includes the power of taxing it ; and Congress may impose a direct tax on the District, in proportion to the census directed by the Constitution to be taken, (s) A Justice of the Peace in the District is an officer of the government of the United States, (t) The Acts of Congress concerning the District did not change the law^s of Virginia and Maryland, adopted by the Act of Con- gress as the laws of the District, further than a change of jurisdic- tion rendered a change in those laws necessary, (u) By the Acts of Congress there is a Court established for the District, called the Circuit Court, consisting of a chief Judge and two assistant judges, to be appointed by the President of the United States, for good behaviour ; and having, together with the juris- diction vested iu the Circuit Courts of the United States and the judges thereof, cognizance of all crimes and offences committed within said District, and of all cases in law and equity arising therein ; the said court to appoint its clerks. An Attorney of the United States for the said district, a marshal, a register of wills and Judge of the Orphan's Court, and Justices of the Peace, for the District, are also appointed by the President. It is provided that all indictments shall be in the name of the United States, and conclude against the peace and government thereof. The city of Washington was incorporated by Act of Congress. (q) 4 Crancli, 445 ; Peteis C. C. R. 4'), (,•; 6 Wheat. 424. (s) 5 Wlieat. 317. (t) 3 Craiich. 331. (u) 1 Crandu 252. 108 CONGRESS OF THE UNITED STATES. [PART T. Treason and the punishment thereof. 177. 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. Cons, of U. S. Art. Y. Sect. II. 2. 178. Treason against the United States is defined by the federal Constitution. ' ' Treason against the United States shall consist only in levying war against them, or in adhering to their enemies, giving them aid and comfort. No person shall b^ convicted of treason unless on the testimony of two witnesses to the same overt act, or on confession in open court. " Cons, of U. S. Art. III. Sec. III. 1. 179. The term "war" in this provision comprehends internal rebellion as well as hostilities from abroad ? Territory and property of tlve United States. 180. What power has Congress as to the territory and property of the United States ? " 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." Cons, of U. S. Art. lY. Sect III. 2. This territory consists of all the vacant and other lands belonging to the United States. It constitutes the public domain. It is the exclusive property of the Union, subject only to the Indian rights that may exist The United States acquired their title to the public lands ; by transfer or succession from Great Britain, as the effect of the revolution, and by the treaty of peace thereon with that nation ; by cessions from the different States ; and by purchase, or treaty, from foreign governments. By Acts of Congress provision is made for the survey and sale of the public vacant lands. There is a branch of the treasury department of the United States called the department of public lands, and placed under the control of a chief officer, entitled commissioner of the general land office. Before any proceedings for the sale of such lands, the Indian title to them is extinguished by treaty through Indian agents, appointed by the government. Such territory is divided into districts, in each of which there is a register and a receiver of public moneys. A. surveyor general is appointed for a certain number of districts. The territory Is surveyed into ranges, townships, and sections. The townships are six miles square, and divided into thirty-six sections of one mile square ; a section thus containing six hundred and forty acres. The sections are also divided into half sections, quarter sections, and on. in.] CONGRESS OP THE U^'ITED STATES, 105 eighths Oi a section. The public lands arc offered for sale, at first, by auction, at not less than one dollar and a quarter per acre, to be paid at the time ; and, if not then sold, thej' are open for private sale at the land office in the district, at that price. Salt springs and lead mines on the public lands are reserved to the IJnited States. One section of land in every township is appro- priated by Act of Congress for the purposes of education. 181. It was the condition annexed to the cession of their public lands to the general government by the States, in relation to the proceeds of the sale of them, that they should be a common fund for the joint benefit of the then existing and future members of the Union. ' ' These lands, therefore, constitute a fund which may be properly devoted to any objects which are for the common benefit of the Union, "(j) 182. The general government has power to acquire and pur- chase foreign territory, by conquest, or treaty, or cession. It is incidental to the power to make war, and to form treaties. The power to make such purchases is not expressly conferred by the federal Constitution. It appears to be incidental to the powers to form treaties, and to raise and appropriate money ' ' for the common defence and general welfare." " Since the adoption of the federal Constitution large acquisitions of national territory have been made by the purchases of Louisiana and Florida, and by cession from the State of Georgia ; and the constitutionality of the two former acquisitions, though foraierly much questioned, is now considered settled beyond any doubt, (k) And at a later period the territories of California and New Mexico have been acquired by treaty. 183. The power of Congress over the public territory and pro- perty is exclusive and universal. Its legislation over such territory without the limits of the several States is absolute and unlimited, unless so far as it is affected by stipulations in the cessions, or by ordinances or laws under which it has been settled. But the power of Congress to regulate other national property is not necessarily exclusive in all cases, unless it has acquired by cession of the States exclusive jurisdiction. If the national govern- ment owns a fort, arsenal, hospital, or light house establishment, not so ceded, the general jurisdiction of the State is not excluded in regard to the site ; but subject to the rightful exercise of the powers of the national government, it remains in full force. (I) (j) 3 Story Comm. p. 198 (fc) 3 Story's Comm. p. 191. (/) 3 Story's Comm. 198. 10 no CONGRESS OF THE TXIXED STATES. [PART I. Territorial governments. 184. The territorial goA^emments of the United States are governments of the territories belonging to the United States, and not lying within the limits of any State. These governments are created by Act of Congress, and are dependent upon the general government. ' ' As the general government possesses the power to acquire territory, either by conquest or by treaty, it would seem to follow, as an inevitable consequence, that it possesses the power to govern what it has so acquired. The territory does not, when so acquired, become entitled to self-government, and it is not subject to the jurisdiction of any State. It must, consequently, be under the dominion and jurisdiction of the Union, or it would be without any government at all. ' ' " Xo one has ever doubted the power of Congress to erect terri- torial governments within the territory of the United States, under the general language of the clause "to make all needful rules and regulations. ' ' What shall be the form of government established in the territories depends exclusively upon the discretion of Con- gress. Having a right to erect a tenitorial government, they may confer upon it such powers, legislative, judicial and executive, as they may deem best. They may confer upon it general legislative powers, subject only to the laws and Constitution of the United States, "(m) 185. The governments in those territories are established by Acts of Congress There is for each territory a Grovernor, judges and other officers, appointed by the general government ; and a Legislature, consisting of a House of Representatives and legisla- tive council, elected by the people ; the Governor having an abso- lute negative iTpon the Acts of the Legislatm-e.(«) 186. The territories have representatives in Congress. There is one Delegate from each territory, chosen by the Legislature thereof, to the House of Representatives of the United States ; but who cannot vote therein. It is the opinion of some statesmen and jurists, that this provision gives no express power to Congress to institute a ten-itorial go- vernment. In their view the authority thereby given is limited to the regulation of the property of the government, to dispose of the territory, being the land, or other property, which authority may be exercised as well within a State as a territory ; and political power is not ■^athin the grant ; there being no specific power in the Constitution which authorizes the organization of territorial governments, if this power be implied from this provision relative (k) 3 Storj-s Comm. p. 193-4. (n) See abov-e, chap. L, head Territorial Governments. CH. III.] CONGRESS OP THE UNITED STATES, 111 to the disposition and regulation of the public lauds, it must be limited to means suitable to the end in view. It is held by others, that the provision gives an implied power to Congress to organize a government for the protection of lands purchased or acquired, and for the administration of justice among the settlers. It is also held, that the power to organize a government over a territory and its people is implied, independently of the above pro- vision, from the power to acquire and possess the territory, as a district of country, and an addition to the general territory of the Union ; that the right to acquire and possess the territory being admitted, the authority to goveim it is implied from the inherent necessary powers of the government. Admission of new States into the Union. 18T. What is the provision of the federal Constitution as to the admission of new States into the Union ? "New States may be admitted by 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 Legis- latures of the States concerned, as well as of the Congress." Cons, of U. S. Art. IV. Sect. III. 1. 188. Is there any limitation of this power in regard to the form of government of a State which it is proposed to admit ? " The United States shall guarantee to every State in the Union a republican form of government. " Cons, of U. S. Art. IV. Sect. IV. 189. Congress has power to admit into the Union a new State out of territory acquired of a foreign country by conquest or treaty. "As an incidental power, the constitutional right of the United States to acquire territory would seem so naturally to flow from the sovereignty confided to it, as not to admit of very serious question. The Constitution confers on the government of the Union the power of making war and of making treaties ; and it seems, consequently, to possess the power of acquiring territory either l:)y conquest or treaty. If the cession be by treaty, the terms of that treaty must be obligatory; for it is the law of the land. And if it stipulates for the enjoyment by the inhabitants of the rights, privileges and im- munities of citizens of the United States, and for the admission of the territory into the Union as a State, these stipulations must be equally obligatory. They are within the scope of the constitutional authority of the government, which has the right to acquire terri- tory, to make treaties, and to admit new States into the Union, "(o) (o) story's Comm. p. 460. And see, above, p. 108, 109. 112 CONGRESS OF THE UNITED STATES. [PART I. 190. Congress has a right to impose a restriction, prohibiting the introduction of slavery into a State, as a condition of its ad- mission into the Union. "By this provision (of the federal Constitution), the whole sub- ject of admitting new States, where other States are not interfered with, is placed under the control of Congress, with the single re- striction, contained in another clause, that their constitutions must be republican. ' ' (p) ' ' At the time when the preliminary measures were taken for the admission of the State of Missouri into the Union, an attempt was made to include a restriction, prohibiting the introduction of slavery into the State as a condition of its admission. On that occasion the question was largely discussed, whether Congress possessed a constitutional authority to impose such a condition, upon the ground that the prescribing such a condition is inconsistent with the sove- reignty of the State to be admitted, and its equality with the other States. The final result of the vote which authorized the erection of that State, seems to establish the rightful authority of Congress to impose such a restriction, although it was not then applied. In the Act passed for this purpose there is an express clause, that in all the territory of Louisiana, which lies north of 36° 30' i^orth latitude, not included within the limits of the State of Missouri, slavery and involuntary servitude shall be forever prohibited. An objection of a similar character was taken to the compact between Virginia and Kentucky, containing conditions upon which the latter was erected into a separate State, upon the ground that it was a restriction upon State sovereignty. But the Supreme Court of the United States had no hesitation in oven-uling the objection, consi- dering it as opposed to the theory of all free governments, and especially of those which constitute the American republics. "(5) 191. Is an Act of Congress constitutional which provides that a foreign territory shall, with the consent of the government or people thereof, be annexed to this country, and admitted into the Union as a State, or to be entitled to be so admitted upon the same terms as tenitory now within the Union ? The measures taken to effect the annexation of Texas to this country have raised this question, on which there has been much difference of opinion. On the one hand, against the constitutionality of such an Act, the argu- ment has been advanced, that our general government is one of limited powers, distributed amongst distinct departments or branches of government, which are constituted in a particular manner, each operating in its appropriate sphere, and intended as a check upon the others ; that by the Constitution a treaty making power is speciallv established, the Constitution providing that the President (p) Walker's American Law, p. 45. (q) 3 Story's Comm. p. 191. / CH. in.] CONGRESS OP THE UNITED STATES. 113 ' ' shall have power, by and with the advice and consent of the Senate, to make treaties, provided two-thirds of the Senators pre- sent concur;" and that the power of making an arrangement, or of adopting any measures with a foreign government or people, is thus exclusively vested in the President and Senate. On the other hand, in favor of effecting such an annexation by the ordinary legislation of Congress, it is maintained that the power to do so is contained in the constitutional provision that ' ' new States may be admitted, by Congress, into this Union." There appears to be much reason for the opinion, that, in what- ever manner territory may be acquired by the general government, or annexed to this country, the power to admit into the Union new States, to be formed out of such territory, is exclusively in " Con- gress, "to be exercised in the course of legislation. General provision as to the powers of Congress. 192. There is a general provision in the federal Constitution as to the powers of Congress and its authority to carry them into effect. " Congress shall have power — to make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the government of the United States, or in any department or officer thereof." Cons, of U. S. Art. I. Sect. YIII. 18. (k) State acts and records — their proof and effect in other States. 193. Congress has power to prescribe the manner in which the public acts, records and judicial proceedings of any State shaJ] be proved in every other, and the effect thereof " Full faith and credit shall be given in each State to the public acts, records and judicial proceedings of every other State. And Congress may, by general laws, prescribe the manner in which such acts, records and judicial proceedings shall be proved, and the effect thereof." Cons, of U. S. Art. IV. Sect. 1. There is a fuller notice of this subject, further on, in Part I. chapter VI. ACTS OP CONGRESS, OR LAWS OP THE UNITED STATES. How they are. enacted. 194. Laws may originate or be proposed in Congress, in either House; except that, by the federal Constitution, "all bills for raising revenue shall originate in the House of Representatives, but the Senate may propose or concur in amendments, as in other bills." Art. I. Sect. VII. 1. (h) See chapter in. par. 103—5- 10* 114 ACTS OP CONGRESS. [PART I, 195. Laws are enacted in Congress in this manner :— All laws must be first passed in one House, and then in the other, according to the rules of proceeding in each House. And^ hy the federal Constitution, " every bill which shall have passed the House of Representatives and the Senate, shall, before it be- comes a law, be presented to the President of the IJnited States ; if he approve, he shall sign it ; but if not, he shall return it, with his objections, to that Hous^e 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 the 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 or against the bill shall be entered on the journal of each House respectively. If any bill shall not be returned by the Presi- dent within ten days (Sundays excepted) after it shall have been presented to him, the same shall be a law, in like manner as if he had signed it, unless the Congress, by their adjournment, prevent its return, in which case it shall not be a law." Cons, of U. S. Art. I. Sect. YII. 2. 196. Every joint resolution, order, or vote of the two Houses of Congress, must be presented to the Pi*esident of the United States for his approbation. " Every joint order, resolution or vote, to which the concurrence of the Senate and House of Representatives may be necessary, shall be presented to the President of the United States, and before the same shall take effect, shall be approved by him, or being disap- proved, shall be repassed by two-thirds of the Senate and House of Representatives, according to the rules and limitations prescribed in the case of a bill. " Cons, of U. S. Art. I. Sect. YII. 3. 19 T. The President's disapproving a bill is called vetoing it. The rules of proceeding in each House of Congress are substan- tially the same. 198. A " bill," in Congress, is an original draft or project of a law, introduced into either House according to the rules thereof. 199. This is the method, in general, of enacting laws by the tvro Houses of Congress : — Bills are introduced into either House, upon the order of the House on the reports of standing or select committees, or upon leave granted to an individual member on motion, after due notice of his intention to move the House to grant it. Standing Committees are appointed for the session, in each House, upon all the usual subjects of ordinary legislation, and upon the general matters incident to the proceedings of each House. CH. ni.] ACTS OF CONGRESS. 115 Select committees are appointed from time to time upon special subjects as they arise, and their powers cease upon the performance of the temporal duties assigned to them. Both standing and select committees are appointed in the House of Representatives on the nomination of the Speaker ; and in the Senate most generally by ballot, but in some cases on the nomina- tion of the President of the Senate. Bills are introduced by Standing Committees upon the order of the House upon subjects embraced within the general objects of their appointment, either accompanied by a report upon those general objects, or upon a particular subject, relative thereto, or specially referred to them ; or upon the mere motion of the chair- man, or any other member of the Committee, under its direction, without previous notice. Bills are in like manner introduced by select committees, upon the order of the House on a report relative to the special matter referred to them, or on motion, without previous notice, for leave to report by bill. Bills and resolutions before either House are passed by a majority of the members present ; except in cases in which a greater number is required by the Constitution or rules of the House. Important bills are generally referred to a committee of the whole House ; and every motion or proposition for a tax or charge upon the people, or for a variation in the sum or quantum of a tax or duty, or for an appropriation of money, is required first to be dis- cussed in a committee of the whole. After commitment and report to the House, and at any time before its final passage, a bill may be recommitted at the pleasure of the House ; and when a bill, either upon the report of the com- mittee, or after full discussion and amendment in the House, stands •for the next stage of its progress, the question is whether it shall be engrossed and read a third time. When a bill has been engrossed for a third reading, and, upon being read the third time, has passed one House, it is transmitted for concurrence to the other House, in which it is subjected to similar forms of examination and discussion. If it be altered or amended, or agreed to without amendment, or totally rejected, in the House to which it has been sent for concur- rence, it is, in either case, returned to the House in which it origin- ated, with a message communicating the result. If amendments be made to a bill in the House to which it is transmitted for concurrence, they must be acted upon by the other House, and if agreed to, the bill is passed ; if disagreed to, the House making them must recede from them, or, if they are insisted upon, the bill fails, unless the two Houses, through committees of conference, or otherwise, come to an agreement on the subject 116 ACTS Of COXGRESS. [PART I. Wlien a bill has passed both Houses of Congress, it is delivered to a joint committee of both Houses for enrollment, •who see that it is correctly copied ; it is then signed by the presiding ofl&cers and clerks of the two Houses ; and presented, by a joint committee, to the President of the United States for his approval, or disap- proval of it. Avihority and force of Acts of Congress. 200. The authority and force of the Acts of Congress are de- clared by the federal Constitution. (?) ' ' This Constitution, and the laws of the United States, which shall be made in pursuance thereof; — shall be the supreme law of the land ; and the judges in every State shall be bound thereby, any thing in the Constitution or laws of any State to the contrary notwithstanding." Cons, of TJ. S. Art. YI. 2. 201. The power to make laws includes the power to repeal them. An Act of Congress which has been passed in all the con- stitutional forms, may at any time be repealed by another Act passed by the same Congress, or at a subsequent one in the same manner. 202. A law enacted by Congress, and approved by the Presi- dent, or passed constitutionally without his approval, is called an Act of Congress, or law of the United States. A statute is a written law of a country, made and enacted by the legislative authority thereof The Acts of Congress are statutes of the United States. (??i) 203. An Act of Congress is to be considered as having been passed and enacted, when it was approved and signed by the Preei- dent of the United States, or, without his approval, became a law, as prescribed by the federal Constitution. 204. The date of an Act of Congress is the day of its being approved by the President of the United States, or of its becoming a law. 205. The latest statute repeals all former statutes on the same subject, so far as their provisions are contrary to or inconsistent with it. 206. An Act of Congress, which has gone through all the forms of a law, may be declared unconstitutional and void. Any Act of Congress which is contrary to the provisions of the federal Consti- tution, is void ; and may be so adjudged by the courts of justice, in the administration of the law. 20t. An Act of Congress may be finally adjudged to be con- stitutional or unconstitutional, and consequently valid or void, by the Supreme Court of the United States ; to which appeals may be CO See Part II. diap. II. (rn) See Part I. chap. I, p. 23. CH. in.] ACTS OF CONGRESS. HY had from all the inferior Courts of the United States ; and from the highest court of law or equity in any State, when the validity or construction of any such Act of Congress shall be drawn in question, and the decision shall be against it. (n) 208. An Act of Congress cannot, under the Constitution, be declared void or annulled by a State. Acts of Congress are, by the federal Constitution, made the supreme law of the land, to be con- strued as to their validity and meaning only in the manner directed by the Constitution, (o) 209. The State courts may in the ordinary course of adminis- tering justice, pronounce a law of the United States, or an authority exercised under the national government, to be void, as repugnant to the federal Constitution ; but this power is exercised subject to the appeal which lies in all such cases to the Supreme Court of the United States, whose decision alone is final and conclusive. And an adjudication of a State court can, at all events, be only binding in the particular suit or case in which it was made, or according to the jurisdiction of the Court. (n) See Part II. chap. IX. head Judiciary ; and also chap. II. p. 38. Co; See Part I. chap. II. p. 38 ; and Part II. chap. I. 9, 17. CHAPTER lY. POWERS PROHIBITED TO CONGRESS AND THE GENERAL GOVERN- MENT. 1. There are certain powers expressly prohibited, by the federal Constitution, to the Congress and to the general government, (a) It is provided that Congress shall not pass certain laws, which are mentioned and described, or any laws relative to a particular sub- ject. 2. There are powers the exercise of which is prohibited to Con- gress by certain general principles and provisions contained in the federal Constitution. These provisions are of a general nature, in reference to the powers of the government and the rights of the people, (b) 3. Congress, or the general government, cannot exercise a power prohibited by, or contrary to any provision of the federal Constitution. A law passed, or act done in pursuance of such a power would be unconstitutional and void. Importation of slaves. 4. There is a provision in the federal Constitution as to the importation of slaves. ' ' The migration or importation of such persons as any of the States now existing shall think proper to admit, shall not be pro- hibited by the Congress prior to the year one thousand eight hun- dred and eight ; but a tax or duty may be imposed on such importa- tion, not exceeding ten dollars for each person." Cons, of U. S. Art. I. Sect. IX. 1. 5. This pravision implies that Congress has had the power, since the year 1808, and now possesses it, to prohibit the importa- tion of slaves. Such a power is included in the power of Congress to regulate commerce. And there are laws of the United States prohibiting such importation from a,nj foreign country, under severe penalties ; and declaring any participation in the foreign slave trade to be piracy, (c) (a) See above, chapter I. p. 24, and chapter III. p. 69, as to the classifi- cation of the powers of Congress and the government. (b) See Part I. chapter VII. ( c} See Part I , chapter III head Power of Congress to regulate Commerce. lis CH. rv.] POWERS PROHIBITED TO CONGRESS, &C. 119 6. By the Acts of Congress of IT 94 and 1800, all citizens of the United States, and residents thereof, were prohibited, under severe penalties, from being in any way concerned in carrying on the slave trade, except for the direct importation of slaves into the country. In 1807 an Act of Congress was passed prohibiting altogether such importation, to take effect from the first day of the year 1808. The Act of Congress of 1820 declares any participation in the foreign slave trade to be piracy, and punishable with death. T. The ordinance of Congress of lt8T, providing for the go- vernment of the North-western Territory, forever prohibited slavery therein. The Act of Congress admitting Missouri as a State into the Union, expressly prohibits slavery in all the territory west of the Mississippi and North of the latitude of 36° 30', except Missouri. This last mentioned Act is called the " Compromise Act. " It was repealed, so far as respects the provision stated, by the Act of Congress of 1854, for organizing a government in the territory of Nebraska. Writ of Habeas Corpus. 8. The privilege of the writ of Habeas Corpus is expressly secured by the federal Constitution. "The privilege of the writ of Habeas Corpus shall not be suspended, unless when in case of rebellion, or invasion, the public safety may require it. ' ' Cons, of U. S. Art. I. Sect. IX. 2. 9. It is a writ issued by a judge or a court of justice, at the instance, or in behalf of a person alleged to be unlawfully impri- soned, or deprived of his liberty, in any manner; requiring that he shall be produced, with the cause of his imprisonment, before a judge or court of justice, that, if sufficient cause is not shown to the contrary, he may be discharged or liberated. It may be used for the purpose of having a person who has been arrested or imprisoned, on a criminal charge, discharged on his giving bail for his appearance to answer the charge before the proper court, or in order to reduce the amount of bail required. There is a similar provision in the constitutions of most of the States, (d) Bill of attainder. 10. " No bill of attainder shall be passed. " Cojis. U. S. Art. I. Sect. IX. 3. 11. A bill of attainder is a special law, inflicting capital punish- ment on a particular person or persons for an offence or offences before committed, without a trial or conviction in the ordinary courts of justice. Such punishment was formerly attended with (d) See Part II. chapter III. 120 POWERS PROHIBITED TO CONGRESS, &C. [PART I, forfeiture of estate, and the corruption of the blood, called in law ' ' attainder, " so as to take away or prevent all right of inheritance or succession in his children, (e) If the law inflicts a milder punishment than death, it is called a Bill of Pains and Penalties ; but it seems that Bills of Attainder, in the sense of the Constitution, include these. There is a similar provision in the constitutions of the several States. (/) 12. " But no attainder of treason shall work corruption of blood, or forfeiture, except during the life of the person attainted. " Co ?is. of U. S. Art. III. Sect. III. 2. Ex post facto laws. 13. " 1^0 ex post facto law shall be passed." Cons, of U. S. Art. I. Sect. IX. 3. An ex post facto law is a law relative to an act done or commit- ted before the law was enacted. It has been adjudged that the prohibition refers only to criminal laws, and applies to any law which makes an act criminal which was before innocent, or punish- able in a mode or measure in which it was not punishable when the act was committed, unless it be to diminish the punishment. Such a law is one that makes an act criminal which when com- mitted was no offence. There is a similar provision in most of the Constitutions of the several States, (gr) As to taxes or duties. 14. There is a prohibition in the federal Constitution as to the manner of laying taxes or duties, by Congress. " No capitation(/i) or other direct tax, shall be laid, unless in proportion to the census or enumeration hereinbefore directed. ' ' Cons, of U. S. Art. I. Sect. IX. 4. Representatives in Congress, and direct taxes, being apportioned among the several States, according to the number of inhabitants within them respectively, to be computed in the manner directed, this section and the federal method of computation have been con- sidered in another part of this work, {i) As to taxes on exports. 15. " No tax or duty shall be laid on articles exported from any State." Cons, of U. S. Art. I. Sect. IX. 5. The several States are also prohibited to lay imposts or duties on imports or exports. Cons, of U. S. Art. I. Sect. X. 2. (e) See Part II. chap. III. (f) See Part II. chapter III. ((/) See Part II. chapter III. (h) See Part I. chapter III. as to the meaning of the terms. ({) See Part I, chapter III. p. 75-6, 195. CH. IV.] POWERS PROHIBITED TO CONGRESS, &C. 121 As to the ports and commerce of the several States. 16. "No preference shall be given, by any regulation of com- merce 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." Cons, of U. S. Art. I. Sect. IX. 5. Drawing money from the treasury. lY. There is a prohibition in the federal Constitution as to drawing money from the treasury of the United States. ' ' No money shall be drawn from the treasury but in consequence of appropriations made by law. ' ' Cons, of U. S. Art. I. Sect. IX. 6. Appropriations of money can only be made by Acts of Congress duly passed and enacted, and money be drawn from the treasury in pursuance thereof. Appropriations for raising and supporting armies. 18. There is a constitutional prohibition upon Congress in rela- tion to such appropriations. " But no appropriation of money to that use shall be for a longer term than two years." Cons, of U. S. Art. I. Sect. YIII. 12. Titles of nobility, &c. 1 9. The prohibition in the federal Constitution on this subject is — " 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 Congress, accept of any present, emolument, office or title of any kind whatever, from any king, prince or foreign State." Cons, of U. S. Art. I. Sect. IX. As to religion. 20. What prohibition is there to Congress as to an establish- ment of religion, or preventing the exercise thereof ? ' ' Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof." Cons, of U. S. Amend. Art. I. ' ' But no religious test shall ever be required as a qualification to any office or public trust under the United States." Cons, of U.S. Art. VI. 3. Freedom of speech and the press. 21. There is a prohibition to Congress securing the freedom of speech and of the press. (j) See Part I. chapter III. p. 102. 11 123 POWERS PROHIBITED TO CONGRESS, &C. [PART I. ' ' Congress shall make no law abridging the freedom of speech or of the press." Cons, of U. S. Amendment, Art. I. Bight of petition. 22. What prohibition to Congress is there as to the right of petition ? ' ' Congress shall make no law abridging the right of the people peaceably to assemble, and to petition the government for redress of grievances." Cons, of U. S. Amend. I. General provisions as to powers not delegated. 23. What general provisions are there in the federal Constitu- tion, as to powers not delegated to the United States ? " The powers not delegated to the United States by the Consti- tution, nor prohibited by it to the States, are reserved to the States respectively, or to the people." Cons, of U. S. Amend. Art. X. "The enumeration in the Constitution of certain rights shall not be construed to deny or disparage others retained by the people." Cons, of U. 8. Amend. Art. IX. "And nothing in this Constitution shall be so construed as to prejudice any claims of the United States or of any particular State." Cons, of U. S. Art. IV. Sect. III. 2. CHAPTER T. POWERS PROHIBITED TO THE SEVERAL STATES, 1. There are powers proMbited, by the federal Constitution, to the several States. It was necessary that the Constitution should embrace such limitations and restrictions, in order to preserve con- sistency of action amongst the particular States, and in regard to them and the general government. They are the results of com- promise, for the benefit of the Union ; being a part of those grants and concessions, on the part of the people of the several States, the combination of which forms the strength and beauty of our system. 2. These prohibitions are either express or implied. They may be also divided into absolute and qualified. 3. There are powers expressly prohibited to the several States. The States are thus forbidden to pass laws, or do acts which are specified ; or they are restrained from legislating or acting in rela- tion to certain subjects. 4. There are implied prohibitions of powers to the several States, being such as are contained in certain general principles and provisions of the Constitution, {k) Such are also included in certain rights and privileges secured to the several States and the citizens thereof, by the Constitution, (l) They arise, likewise, from the grant of exclusive powers to Congress or the general govern- ment. 5. There are powers granted to Congress, or the general go- vernment, of such a nature, as to be exclusive, to be solely exer- cised by them respectively, and being consequently withheld from or forbidden altogether to the several States, (m) 6. As to that class of powers which exist in the general govern- ment, or Congress, and the several States concurrently ; if the general government, or Congress, exercises such a power, a State cannot exercise it differently. And there are cases, under that class, in which if the general government exercises such a power, a State cannot, from the nature of the case, legislate on the sub- ject, (n) t. Absolute prohibitions positively forbid the exercise by the several States of certain powers under any circumstances ; those (k) See Part I. chapter VII. (I) See Part II. cliap, VI. (m) See above, chap. I. p. 33, 34. (n) See above, chap. II. p. 33, 34. 123 124 POWERS PROHIBITED TO STATES. [PABT I. qualified being of powers not to be exercised " without the consent of Congress." 8. A State cannot pass a law, or exercise a power, contrary to any provision of the federal Constitution, to whatever subject it may relate ; and whether the provision is considered in reference to its express terms, its implied meaning, or its proper bearing and effect No treaty or alliance^ &c. 9. There is a prohibition, in the federal Constitution, as to a State entering into any treaty or alliance. ' ' ^o State shall enter into any treaty, alliance or confederation. " Cons, of Z7. S. Art. I. Sect. X. 1. ' ' ISTo State shall, without the consent of Congress, enter into any agreement or compact with another State, or with a foreign power." Cons, of U. S. Art I. Sect. X. 2. The implied power of a State to enter into agreements with another State or foreign power, with the consent of Congress, is understood to refer only to agreements respecting matters of local concern, as questions of boundary and the like. 10. Not to engage in war. " No State shall — grant letters of marque and reprisal " Cons, of U. S. Art. I. Sect. X. 1. " No State shall, without the consent of Congress, — engage in war, unless actually invaded, or in such imminent danger as will not admit of delay. ' ' Art. I. Sect. X. 2. Not to keep troops, &c. 11. ''No State shall, without the consent of Congress, — ^keep troops or ships of war in time of peace." Gons of U. S. Art. I. Sect. X. 2. Nat to coin money, emit bills of credit. &c. 12. ' ' No State shall — coin money; emit bills of credit ; make any thiag but gold and silver coin a tender in payment of debts. " Cons, of U. S. Art. I. Sect. X. l.(o) No law impairing contracts. 13 " No State shall — pass any law impairing the obligation of contracts. " Cons, of ^ U. S. Art. 1. Sect. X. 1. 14. What has been adjudged as to the construction of this pro- vision of the federal Constitution ? ^ (o) See albove, chapter III. page 90. CH. v.] POWERS PROHIBITED TO STATES. 125 That the prohibition is limited to the passage of any law impair- ing prior contracts. That it extends to contracts between States, or between a State and individuals ; a charter or law creating a private corporation being such a contract, but not a charter or law creating a public corporation. ( p) By contracts, in the sense of the Constitution, are understood ; 1. Every executed agreement, whether between individuals or between individuals and a State ; 2. Every executory agreement, which confers a right of action, or creates abinding obligation, in relation to property or some object of value, and which may be enforced in a court of justice. But the term contract does not comprehend the political relations between a government and its citizens. A legislative compact or grant is within the meaning of the Con- stitution •, and when a law in its nature amounts to a contract, and absolute rights have vested under it, its repeal can neither divest those rights, nor destroy nor impair a title acquired under them ; for a grant is a contract executed. A State bankrupt or insolvent law, which discharges a debtor from all liability for any debt contracted before such law was passed, on his surrendering his property in the manner it prescribes, is void, as it impairs the obligation of the contract. It is not so as to a State law which provides for the discharge of a debtor from liability for debts contracted after the passing of the law ; though a discharge under it will not in general be a bar to an action brought by a citizen of another State in the courts thereof, or in a court of the United States. A State law which exempts the debtor from imprisonment only, is not considered as impairing the obligation of a contract, though at the time it was entered into he was liable to such imprisonment. Such laws have been enacted in the several States generally. The subject of bankrupt laws is referred to, above, under the proper head, in treating of the powers of Congress, f Statutes which merely change or affect the mode of action or recovery, or the method of remedy, on a contract, without destroy- ing the remedy altogether, are not unconstitutional. Statutes of limitation, limiting the time in which actions and suits at law can be brought, are valid ; unless they take away the remedy entirely. So confirmatory laws, which are intended to cure defects in form only, as to give to defective acknowledgments of deeds the same eflficacy as if they had origmally been made in proper form, or to establish titles rendered doubtful by the omission of some requisite in form, have been held by the Courts to be good. It is not un- (p) As to public and private corporations, see Part the Second, chap. ii. Ct) See above, chap. III., head Bankruptcy. 11* 126 POWERS PROHIBITED TO STATES. [PART I. constitutional to provide a new or adaitional remedy for a just riglit already in being, and which would be lost and destroyed if no re- medy were provided. The Constitution of the United States does not prohibit the several States from passing retrospective laws generally, but only ^.x post facto laws. Hence the Supreme Court of the United States cannot pronounce an Act of a State legislature to be void, as con- trary to the Constitution, merely because such Act divests antece- dent rights of property. § Recording Acts, passed by State Legislatures, by which an elder grantee is postponed to a younger, if the prior deed is not recorded within a limited time, do not impair the obligation of contracts, whether the deed is dated before the passage of such Acts or not. ^ No new principle was adopted, in prohibiting the passage of a law by a State, which should impair the obligation of a contract: It was merely affirming a fundamental principle of law, and by putting contracts under the protection of the Constitution, securing the rights and property of the citizens from invasion by any power whatever. It is an important consideration that the principle was recognized and adopted by the Ordinance of Congress of 1787, as a part of that system of civil liberty which, in the language of the Ordinance, ' ' formed the basis on which our republics, their laws and constitu- tions are erected, " and which was declared by it to be a fundamental law of all new States. The Ordinance provided, ' ' 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 terri- tory, that shall in any manner interfere with, or affect private con- tracts, or any agreements, bona fide, and without fraud, previously formed. ' ' 15. There is not a like express prohibition, in the federal Con- stitution, on Congress. Congress has, however, no power to inter- fere with contracts, unless it be expressly granted to it. Congress is invested with this power in relation to bankruptcies, as an enumerated, not as an implied power ; and in no other form can it impair the obligation of a contract. ' ' It seems that there is nothing in the federal Constitution which forbids Congress to pass laws violating the obligation ot contracts, though such power is denied to the several States." 1 Peters^ Reports, 33T. The provisions in the federal Constitution, ' ' N'or shall any person § 8 Peters' Rep. 110 ; 1 Baldw. 74 ; 2 Peters' Rep. 414 ■ 11 Peters' Rep. 411. "f 3 Peters' Rep. 280. CH, v.] POWERS PEOHIBITED TO STATES. 12T be deprived of life, liberty or property, without due process of law ; ' ' — " Nor shall private property be taken for public use, without just compensation," — {Amend. Art. V. ;) — "The right of the people to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures, shall not be violated, ' ' (Amend. Art. IV. ;) maybe considered as embracing this principle.* There is a similar provision in the constitutions of the several States, in general. No ex post facto law. 16. "No State shall pass — any ex post facto law. " Cons, of U. S. Art. I. Sect. X. 1. There is an explanation of terms given, with some remarks as to the application of the provision, in the preceding chapter of this work, (q) The federal Constitution contains a similar prohibition to Con- See Cons, of U. S. Art. I. Sect. IX. 3. No bills of attainder. IT. "No State shall — pass any bill of attainder. " Cons, of U. S. Art. I. Sect. X. 1. There is a like provision as to Congress, with respect to which some observations have been already made, (r) No title of nobility. 18. No State shall — grant any title of nobility. Cons, of U. S. AH. I. Sect. X. 1. The federal Constitution forbids the granting of titles of nobility by the United States, and the receiving of any title, office, present or emolument, by an officer of the general government, from any king, prince or foreign State. Cons, of U. S. Art. I. Sect. IX. T. The Constitution of a State generally contains such a prohibition to its government. No duties on imports or exports. 19. " No State shall, without the consent of Congress, lay any imposts or duties on imports or exports, except what may be abso- lutely necessary for executing its inspection laws ; and the nett 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 Congress, "(s) Cons, of U. S. Art. I. Sect. X. 2. * See Part I. chap. VII. (q) See, above, Chap. IV p. 120. (r) See above, Chap. IV. p. 119. (s) See explanation of terms above. Chapter III. p. 89 ; and as to the powers of the several States to lay taxes, see above. Chapter III. 128 POWERS PROHIBITED TO STATES. [PART I. " No tax or duty shall be laid on articles exported from auy State." Cons, of U. S. Art I. Sect. IX. 5. 2^0 duty on tonnage. 20. "No State shaU, without the consent of Congress, lay any duty on tonnage." Cons, of U. S. Art. I. Sect. X. 2. Tonnage is the capacity of a ship or vessel, or the weight of goods carried by her, estimated per ton. Fugitives from service or labor. 21. What is the provision of the federal Constitution as to fugitives from labour and service ? " No person held to service or labor in one State under the laws thereof, escaping into another, shall, in consequence of any law or regulation therein, be discharged from such service or labor, but shall be delivered up, on claim of the party to whom such service or labor may be due." Cons, of U. S. Art. lY, Sect. II, 3. The terms " held to labor or service" have been judicially con- strued to comprehend or mean slaves, (t) The course of proceeding for the arrest and recovery of fugitive slaves by their owners is directed by Act of Congress, of February 12, IT 93 ; which provides that when a person held to labor or service in any of the United States, or in either of the territories on the North-west or South of the river Ohio, under the laws thereof, shall escape into any other of the said States or territories, the person to whom such labor or service m-ay be due, his agent or attorney, is empowered to seize or arrest such fugitive, and to take him or her before any judge or District Court of the United States, residing or being within the State, or before any magistrate of a county, city or town corporate, where such seizure or arrest shall be made, and upon proof to the satisfaction of such judge or magistrate, either by oral testimony, or affidavit taken before and certified by a magistrate of any such State or territory, that the person so seized or arrested doth, under the laws of the State or territory from which he or she fled, owe service or labour to the person claiming him or her, it shall be the duty of such judge or magistrate to give a certificate thereof to such claimant, whic'h shaU be sufficient warrant for re- moving the said fugitive to the State or territory from which he or she fled. The Act of Congress, also, imposes a penalty upon any person knowingly and wilfully obstructing or hindering such claimant from seizing or removing his fugitive slave. State judges or magistrates are not compelled to exercise juris- diction under an Act of Congress ; but they may do so, if not pro- hibited by the laws of the State, (w) (t) See, above, chap. I. p. 66. (n) See Part I. chap. IX. title Judiciary, &c. CH. v.] POWERS PROHIBITED TO STATES, 129 In some of the States there are Statutes providing that no judge, magistrate, sheriff, gaoler or other officer of the State shall take jurisdiction or act respectively under the Act of Congress of 1793; and forbidding the use of the gaols of the State for the detention of slaves. It has been decided, by the Supreme Court of the United States, that the Act of Congress of 1793, was constitutional, and passed in pursuance of an express provision of the Constitution of the United States ; that it excludes all State legislation on the same subject ; and that no State has a right by its own legislation to in- terfere with or impede the execution of any law of Congress on the subject of fugitive slaves. 16 Peters^ Reports, p. 559. This de- cision renders void all statute regulations by the several States on the subject, so far as they conflict with the Act of Congress. It has also been adjudged by the Supreme Court of the United States, that the owner may pursue and take his fugitive slave in another State without warrant ; that he may arrest him any where, and at any time, and that no one has a right to oppose the master, or demand proof of property. 1 Baldwin^ s Reports, p. 571, — 16 Peters^ Reports, 539. The master only, or some one expressly authorized by him, can lawfully make such an arrest. The person arrested has, nevertheless, the right to a writ of habeas corpus, to be heard before a judge of the State, in which he is arrested, or before a federal judge ; before whom the question of ownership, agency, slavery and escape, may be investigated, and the allegations thereof must be proved. The ownership and slavery may be established by such evidence as the Act of Congress of 1793 directs. It seems that a State law authorizing the arrest of an alleged fugitive slave, coming into the State in a vessel from another State, without the authority of the OAvner, is unconstitutional and void. The clause of the federal Constitution on this subject, and the Act of Congress, apply only to persons escaping or being fugitives from labor or service ; and if a slave be voluntarily brought, by his master, into a State where slavery does not exist by law, or comes there with the consent of his master, the slave becomes free, and cannot be compelled to return. 2 KenVs Comm. p. 257, note. Where a slave was canied by the owner to France, where slavery is not tolerated, and under the operation of whose laws the slave became immediately free, and was brought back to Louisiana, it was decided by the Courts in that State, that the slave having been free for one moment in France could not be reduced to the state of slavery again in Louisiana. 2 Rentes Comm. p. 258, in note. In some of the slave-holding States, it has been, decided in the Courts, that if a slave goes lawfully from such a State into a non- 130 POWERS PROHIBITED TO STATES. [PART I. slave-holding State, and acquires a domicil there with his mastei-, or is emancipated there by his master, he becomes emancipated, and ceases to be a slave on his return. But if he be carried there by his master for a temporary purpose, and returns, his state of slavery remains. 2 Kent's Comm. p. 257, in note. In some of the States, where slavery does not exist, it was pro- vided by statute that persons sojourning in the State may keep their slaves there for a limited time ; as in Xew York for nine months, and in Pennsylvania for six months. ' ' These laws are acts of comity on the part of those States, and were not required by the Constitution of the United States, nor by the Act of Congress of Feb. 12th, 1193." 2 Kent's Comm. j:>.'25T, in note. The statutes containing these provisions, in the States mentioned, have been repealed. The Act of Congress, of February 12, 1T93, is not repugnant to the ordinance of IT 87, as to the States formed out of the territory North-west of the Ohio river, (l-) In 1850 was passed the Act of Congress entitled " An Act to amend, and supplementary to, the Act entitled ' An Act respecting fugitives from justice and persons escaping from the service of their masters,' approved February 12, 1793." By this Act of Congress, the Circuit Courts of the United States and the Superior Court in each organized territory of the United States are authorized to appoint commissioners, and are required ' ' from time to time to enlarge their number, with a view to reclaim fugitives from labor, and to the prompt discharge of the duties imposed by the Act ; ' ' the said commissioners to have concurrent jurisdiction, with the Circuit, District and Territorial Judges of the United States, and to ' ' grant certificates to such claimants, upon satisfactory proof being made, with authority to take and remove such fugitives, uBder the restrictions herein contained, to the State or Territory from -which such persons may have escaped or fled ;" all marshals and deputy marshals being requu'ed to obey and execute all war- rants and precepts issued under the Act ; any marshal or deputy on the escape of such a fugitive from his custody to be liable to the claimant for the full value of the service or labor of such fugitive ; the said commissioners being ' ' empowered to appoint, in writing under their hands, any one or more suitable persons, from time to time, to execute all such warrants and other process as may be issued by them, ' ' with authority to such commissioners or the per- sons appointed by them, to execute process as aforesaid, to summon and call to their aid the bystanders, or jyosse comitatus, of the proper county, when necessary to ensure a faithful observance of (v) See Jones vs. Vansant, 5 Howard's Eep. 215. Graves vs. The State, decided bj the Supreme Court of Indiana, 1849. CH. v.] POWERS PROHIBITED TO 6TATES. 131 the clause of the Constitution referred to, in conformity with the provisions of this Act ; and all good citizens are hereby commanded to aid and assist in the prompt and efficient execution of this law, whenever their services may be required, as aforesaid, for that pur- pose. The Act provides that on the escape of any such fugitive into any other State or Territory, the person to whom his service or labor may be due, or tho attorney thereof, duly authorized by power of attorney in writing, may pursue such fugitive, either by procuring a warrant from any of the courts, judges or commissioners aforesaid, for the apprehension of such fugitive, or by seizing and arresting such fugitive, where the same can be done without process, and by taking, or causing such fugitive to be taken forthwith before such Court, judge or commissioner, whose duty it shall be to hear and determine the case of such claimant in a summary manner ; and upon satisfactory proof being made, by deposition or affidavit, in wi'iting, to be taken and certified by such Court, judge or commis- sioner, or by other satisfactory testimony, duly taken and certified by some court, magistrate, justice of the peace, or other legal officer authorized to administer an oath and to take depositions under the laws of the State or Territory from which such fugitive may have escaped, and with proof also by affidavit of the identity of the fugi- tive, that the person so arrested does owe service or labor to the claimant, and escaped — to deliver to such claimant, or the attorney thereof, a certificate setting forth the substantial facts of the case, with authority to such claimant, or the agent or attorney thereof, to use such reasonable force and restraint as may be necessary, under the circumstances of the case, to remove such fugitive back to the State or Territory whence he or she may have so escaped ; such certificate ' ' to be conclusive of the right of the person in whose favor granted to remove such fugitive to the State or Terri- tory from which he escaped, and shall prevent all molestation of such person or persons, by any process issued by any court, judge, magistrate or other person whomsoever." The Act provides that any person who shall obstruct or prevent such claimant, or his agent or assistant, from arresting such fugitive, or who shall rescue or attempt to rescue such fugitive ; or who shall aid or abet such fugitive to escape ; or who shall harbor or conceal such fugitive, so as to prevent his discovery and aiTest, after notice or knowledge of his owing service or labor as aforesaid, shall be subject to fine and imprisonment, and shall forfeit as civil damages to the party injured one thousand dollars. The Act provides that a commis- sioner shall be entitled to a fee of ten dollars in such a case, upon the delivery of a certificate as aforesaid, or to a fee of five dollars in a case where the proof shall not, in the opinion of the commis- sioner, warrant such a certificate. The Act provides that upon affidavit made by the claimant, or his agent, after such certificate. 132 POWERS PROHIBITED TO STATES. [PART I. that lie lias reason to apprehend that the fugitive will be rescued by force, it shall be the duty of the officer making the arrest to retain the fugitive in his custody, and to remove him to the State whence he fled, and there to deliver him to the claimant or his agent ; the officer to employ so many persons as he may deem ne- cessary to overcome such force ; the officer and his assistants to be allowed their fees and expenses, as in criminal cases, to be paid out of the Treasury of the United States. The Act provides that proof of the service and labor being due, and of the escape, may be made before any court of record, or any judge thereof, of the State or Territory whence the fugitive escaped, and that the record of such proof, on its production before any such United States Court, judge or commissioner, shall be taken to be full and coiiclu- Bive ev>4eiic8 »>f the escape and ownership. CHAPTER VI. OF CERTAIN SPECIAL RIGHTS AND PRIVILEGES EXPRESSLY SECURED TO THE SEVERAL STATES, AND THE CITIZENS THEREOF, AND OP CERTAIN COVENANTS AND ENGAGEMENTS BETWEEN THEM, BY THE FEDERAL CONSTITUTION. 1. There are certain special rights and privileges expressly granted and secured to each of the States, and the citizens thereof, by the federal Constitution, being the subjects of mutual covenants, concessions and grants, by the people of the several States, acting unitedly for their common benefit. In the order in which the general subject is here treated, these rights and privileges are considered as distinct from the reserved rights and powers of the several States. They are not those which are reserved and retained as originally possessed, but they are specially granted and superadded to the people of each State, by the Constitution. They regard, for the most part, the relations between the several States themselves and the people thereof ; though, in some instances, they refer to them as connected with the general government. 2. The provisions of the federal Constitution relative to these rights and privileges are designed, with others, to promote the maintenance of harmony and proper intercourse amongst the States. 3. There are thus obtained by the States severally, and the citizens thereof, certain privileges and benefits, not otherwise to be enjoyed, in regard to their particular municipal laws and regulations respectively. 4. The people of each State have, under the federal Constitu- tion, parted with their power in relation to the subjects of some of these provisions, within the particular territory of the State, for the mutual benefit of the people of all the States. Public acts, records and judicial proceedings of each State. 5. What is the provision of the federal Constitution ? " Full faith and credit shall be given in each State to the public acts, records and judicial proceedings of every other State. And the Congress may, by general laws, prescribe the manner in which such acts, records and judicial proceedings shall be proved, and the efl'ect thereof." Go7is. of U. S. Art. lY. Sect. I. 6. There is an Act of Congress for carrying this provision into effect. 12 133 134 RIGHTS SECrr.ED TO STATES, ~ &C. [PART I. Congress, by the Act of May 26, 1790, provided the mode by which records and judicial proceedings should be authenticated, and declared that they should have such faith and credit given to them in every Court within the United States as they had by law or usage in the Courts of the State from whence the records were taken. PHvileges of citizens of each State in the others. 7. What is the privilege of the citizens of each State in the several States ? The citizens of each State shall be entitled to all privileges and immunities of citizens in the several States. Cons, of U. S. Art. IV. Sect. II. 1. It has been decided that citizens of the District of Columbia are not citizens of a State, within the meaning of the word " State" in the Constitution of the United States, (a) So of citizens of a Territory. This provision of the Constitution does not refer to political pri- vileges, in the proper sense of the terms, but to those which are civil. It does not mean that a citizen of a State shall have the right to vote, or be elected to office, in another State. It has been ruled by the courts, that it secm-es to the citizens of all the other States the privilege of acquiring, holding and enjoying personal and real property, in a State, free from restrictions, taxes and burdens, to which the property of the citizens of the State is not liable.* And it must certainly include the protection of personal liberty, and the common personal civil rights. There has been a difference of opinion whether free colored per- sons are citizens, within this provision of the federal Constitution, f In Tennessee, it was adjudged by a Court of the State, that a State may constitutionally prohibit free persons of color from re- moving into the State to reside therein, on the ground that such persons are not citizens within the above constitutional provision, for they are not in any of the States entitled to all the privileges and immunities of citizens. Some of the Southern States having by their laws prohibited, or placed restrictions upon, the ingress and immigration of free colored persons into those States, subjecting them to imprisonment and other penalties upon entering therein ; and cases having oc- curred, in which free coloured persons from non-slave-holding States, inhabitants and citizens thereof, have been imprisoned and punished under those laws, their constitutionality has been de- (a) 2 Crancli, 445. Peters, C. C. Rep. 45. (h) 1 Wlieat. 91. * 3 Harr. & M'Hen. Rep. 554. 2 Munford, 308. 7 See Part I. ch.. I. p. 51. CH. VT.] RIGHTS SECURED TO STATES, &C. 135 nied, and much controversy between the States concerned has arisen therefrom. It would seem, that the question of citizenship, in this connec- tion, depends upon the laws and institutions of the State, of which the individual was an inhabitant and denizen at the time. As to fugitives from justice. 8. This is the provision of the federal Constitution as to fugi- tives from justice : "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 fled, be delivered up, to be removed to the State having jurisdiction of the crime." Cons, of U. S. Art. IV. sect. II. 2. 9. The manner in which the demand and surrender are to be made is prescribed by Act of Congress. By the Act of Congress, of It 90, the executive of the State in which the offence was committed must make a demand, accom- panied with a certified copy of an indictment or affidavit of the committing of the offence, upon the executive of the State, where the offender has fled, who is authorized to cause him to be arrested, and surrendered to the agent of the executive making the demand. The law relative to the arrest of fugitive criminals from another State, and the forms of process in such cases, may be found in the American Magistrate, (1850,) and McKiuney's Justice. The delivery of fugitive criminals from foreign countries, for off'ences there committed, which is called their extradition, may properly be the subject of notice here. " It has sometimes been made a question, how far one nation was bound by the law of nations, independently of treaty, to sur- render, upon demand, fugitives from justice, who having com- mitted crimes in one country flee to another for shelter. It is de- clared by some of the most distinguished public jurists, that every State is bound to deny an asylum to criminals, and upon applica- tion and after due examination of the case, to surrender the fugi- tive to the foreign State where the crime was committed. The language of the authorities is clear and explicit, and the law and usage of nations as declared by them rest on the plainest princi- ples of justice. It is the duty of the government to surrender up fugitives upon demand, after the civil magistrate shall have ascer- tained reasonable grounds for the charge, and sufficient to put the accused upon his trial. The guilty party cannot be tried and punished by any other jurisdiction than the one whose laws have been violated, and, therefore, the duty of surrendering him ap- plies as well to the case of subjects of the State surrendering, as to the case of subjects of the power demanding the fugitive. The 136 RIGHTS SECrRED TO STATES, &C. [PART I. only difficulty, ia the absence of positive agreement, consists in drawing the line between the class of offences to which the usage of nations does, and to which it does not apply ; inasmuch as it is understood in practice to apply to crimes of great atrocity, or deeply affecting the public safety." It appears that jurists have expressed doubts, and the decisions of courts, both in this country and in foreign countries, have been different, whether, upon principles of international law, and inde- pendent of treaty or statute, any court of justice is authorized to surrender a fugitive fi'om justice, (c) It would seem that the power to surrender a fugitive criminal to a foreign nation does not reside in any of the States of the Union ; that it belongs to the federal government, to be exercised by treaty, or other-ndse, as may be deemed most for the public in- terest in the regulation of our foreign intercourse, (d) The subject of the surrender of fugitive criminals has been made the matter of agreement, by treaties, between the government of the United States and several foreign nations ; as England, France. The statutes of New York authorize the Grovernor, in his dis- cretion, on a requisition from a foreign government, to surrender a fugitive charged with murder, forgery, larceny, or other crime ; which by the laws of the State of New York is punishable with death or imprisonment in the State penitentiary, (e) Fugitives from service or labor. 10. The provision of the federal Constitution as to fugitives from labor or service, comes under this head. "No person held to labor or service in one State, under the laws thereof, escaping into another, shall, in consequence of any law or regulation therein, be discharged from such labor or ser- vice, but shall be delivered up, on claim of the party to whom such service or labor maybe due." Co7is. of U. S. Art. IV. Sect. II. 3. The Acts of Congress of 1793 and 1850 direct in what manner a fugitive from service or labor may be recovered in any State to which he may have fled. This subject is more fully considered, under the same head, in the next preceding chapter. Guaranty of a republican government, &g. 11. " The United States shall guarantee to every State in this (c) Kent's Comm. 37. 3 Story's Conflict of Laws, p. 520, 522. \d) Opinion expressed by a majority oftlie Supreme Court of tlie U.S., 14 Peters' Eep. 574. 1 Wheat. C. C. 434. {e) 1 Kent's Comm. p. 36, 37. Cir. VI.] RIGHTS SECURED TO STATES, &C. 13t Union a republican form of government." Cons, of U. S. Art. IV. sect. IV. Protection in each State against invasion. 12. "The United States shall protect each of the States against invasion. " Cons, of U. S. Art. IV. Sect. IV. Congress has power, by the Constitution, to raise and support armies ; to provide and maintain a navy ; to provide for calling forth the militia, to execute the laws of the Union, suppress insur- rections, and repel invasions. The powers, and the exercise thereof, have been the subject of notice, under the proper heads, in the previous chapters of this work. (/) Protection against domestic violence. 13. The United States shall protect each of them; "on the application of the Legislature, or of the Executive (when the Le- gislature cannot be convened) against domestic violence. " Cons, of U. S. Art. IV. Sect. IV. (f) See, above, Chapter III. 12* CHAPTER YII. or CERTAIN GENIIRAIi PRINCIPLES AND DECLARATIONS OF RIGHT, ' CONTAINED IN THE FEDERAL CONSTITUTION. 1. There are, in the Constitution of the United States, certain general principles and provisions restrictiye of the powers of the government, and declaratory of the liberty and rights of the people ; being applicable, also, in some instances, to the relations of the people to the governments of the several States. 2. The rights of the people protected by these principles and provisions may be called and classed as the declared and perevip^ tory rights of the people, (a) 3. The authority and force of these principles and provisions are such that they are binding on the general government, and the several State governments, in all the departments and branches thereof, and on the people generally. They are rules of construction, by which the federal Constitution is to be interpreted, and its meaning ascertained. And there cannot be any law of Congress passed, or any power exercised by the general government, in any of its branches, contrary to, or incon- sistent with them. 4. Laws of the several States, or acts of their governments respectively, in any of their branches, which are contrary to those principles and provisions, are unconstitutional and void. Any part of the Constitution of a State which is repugnant to, or inconsistent wdth them, is void. 5. There are provisions of this nature, in the federal Constitu- tion, in the class of powers called "powers prohibited, to the general government, and to the several States." 6. These principles and provisions are contained principally in the amendments to the federal Constitution, which were adopted under its authority, to secure its limitations and protect the rights of the several States and the freedom of the people. They are founded on the great principles of civil and political liberty. T. There are similar provisions in the constitutions of the several States, being called Declarations or Bills of Rights, (b) There is (a) See Part tlie First, riap. I. par. 39. (b) See Part II, Cliap. III. 138 CU. Vn.] DECLARED RIGHTS OF THE PEOPLE. 139 no formal Bill of Rights iu the federal Constitution, but there are provisions equivalent thereto incorporated in it. As to the writ of Habeas Corpus, (c) 8. The important provision of the federal Constitution in regard to the privilege of tlie writ of habeas corpus may be properly first considered under this title. ' ' The privilege of the writ of habeas corpus shall not be suspend- ed, unless when, in cases of rebellion or invasion, the pulslic safety may require it." Cons, of U. S. Art. I. Sect. IX. 2. As to trial by jury. 9. The right of trial by jury is thus secured : " The ti'ial of all crimes, except in cases of impeachment, shall be by jury, and such trial shall be held in the State where such 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 bylaw have directed." Cons, of U. S. Art. III. Hect. II. 3. "In all criminal prosecutions, the accused shall have the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed." Cons, of U. S. Amendments, Art. VI, The provision is applicable only to proceedings in the federal Courts, and under the laws of the United States. (d) ' ' In suits at common law, when 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 examined in any Court of the United States, than according to the common law. " Cons, of U. S. Amendments, Art. YII. This provision does not apply to the States, but only to the United States, (e) There are similar provisions in the constitutions of the several States. (/) Security against unreasonable searches and seizures. 10. The right of the people to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures, shall not be violated. Cons, of U. S. Amendments, Art. IV. (d). The provision secures to all the protection of their persons and property from unlawful and unreasonable searches and seizures, arrests, or imprisonment, by the government or individuals, through color of law, or otherwise. (c) See above, chap. IV, par. 8. for au explanation of the terms, (d) 2 Cow. Kep. 815, 819. (e; 8 Weud. Rep. 85. 12 Conu. Rep. 243. (/) See Part II. Chap. III. 140 DECLARED RIGHTS OF THE PEOPLE. [PART I. As to warrants. 11. To this end, also, the federal Constitution regulates the issuing of warrants. ' ' And no warrants shall issue but upon probable cause, sup- ported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized." Cons, of U. S. Amend. Art. lY. (d). This clause does not interfere with the operation of the common law, existing in some of the States, or of a statute authorizing the arrest, without process, by a civil officer, or other person, of a criminal found in the act of perpetrating an offence, on just suspi- cion thereof, or in order to prevent the commission of it. Trial on indictment of a grand jury. 12. What is the provision of the federal Constitution as to this mode of trial ? ' ' ^0 person shall be held to answer for a capital or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service, in time of war, or public danger. ' ' Cons, of U. S. Amendments, Art. Y. As to the rights of the accused. 13. What provision is there in the federal Constitution as to the rights of the accused in criminal prosecutions ? ' ' In all criminal prosecutions, the accused shall enjoy the right — 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 assist- ance of counsel for his defence." Cons, of U. S. Amendments, Art. YI. " 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 vritness against himself." Cons, of U. S. Amendments, Art. Y.(g) Protection by the process of law. 14. The following provision of the federal Constitution secures to all the protection of the law, in every case. ' ' Nor shall any person be deprived of life, liberty or property, without due process of law." Cons, of U. S. Amendments, Art. Y.(h) " No man shall be taken," "no man shall be disseized" without (^)See Part the Second, chap. III. (h) See Part II, chap. III. OH. Vn.] DECLARED RIGHTS OF THE PEOPLE. 141 due process of law, is a principle taken from the Mag'na Charta of England, infused into our State constitutions, and is made inviolable by the federal government, by the amendments to the Constitution. As to excessive hail. 15. The federal Constitution prohibits oppression and injustice in regard to the taking of bail. " Excessive bail shall not be required. " Cons, of TJ. S. Amend- ments, Art. VIII. (i) As to fines and punishments. 16. " Excessive fines shall not be imposed ; nor cruel and unusual punishments inflicted. " Cons. ofU. S. Amendments, Art. YIII. The provision relative to excessive fines and cruel and unusual punishments does not extend to the State governments, but was intended only for the Legislature and Judiciary of the United States, (j) Security of private property. IT. " Nor shall private property be taken for public use without just compensation." Cons, of U. S. Amendments, Art. T. (^) This provision does not apply to the several States, but only to the United States. (I) It has been held by the courts that this principle exists, as applicable to all republican governments, inde- pendently of constitutions, (m) Hight to bear arms. 18. "A well regulated militia being necessary to the security of a free State, the right of the people to keep and bear arms shall not be infringed. "(^) Cows. ofU. S. Amendments, Art. II. Quartering of soldiers. 19. " No soldier shall, in time of peace, be quartered in any house without the consent of the owner ; nor in time of war, but in a manner to be prescribed by law." Cons, of U. S. Amend- ments, Art. III. (i) See Part II. chapter III. (j) 12 Serg. & R. 220 ; 3 Cow. 686. (k) See Part II. chapter IIL (I) 7 Peter's Rep. 243 ; 1 Baldw. 220 ; 8 Wend. 85. (m) 3 KeUy, 31. 142 DECLARED RIGHTS OF THE PEOPLE. [PART I. Rights and poivers reserved to the States respectively or to the people. 20. There are certain general provisions in the federal Consti- tution as to the rights and powers reserved to the States severally, and to the people. ' ' The powers not delegated to the United States by the Consti- tution, nor prohibited by it to the States, are reserved to the States respectively, or to the people." Cons, of U. S. Amendments. Art. X. " The enumeration, in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the peo- ple. " Cons, of U. S. Amend.. Art. IX. "And nothing in this Constitution shall be so construed as to prejudice any claim of the United States, or of any particular State. " Cons, of U. S. Art. lY. Sect. III. 2. 21. These are called the reserved powers and rights of the several States and of the people, because they are reserved or re- tained out of the powers conferred by the Constitution. Each State retains and possesses all the powers and rights not declared to be in the Union, nor prohibited to the State by the Constitution. They are not derived from the Constitution, by its grant, as their source ; but are to be regarded as originally possessed by the several States, and the people, in virtue of their inherent and sovereign authority, and excepted and retained out of the powers actually conferred by the Constitution. ' ' The powers retained by the States, proceed from the people of the several States, and remain, after the adoption of the Consti- tution, what they were before, except so far as they may be abridged by that instrument. "(??) The States do not derive their powers from the Constitution, but by their own inherent reserved right can act on all subjects which have not been delegated to the federal government, or prohibited to the States. Many of the particulars of this chapter are more fully noticed, with explanations and references, in another part of this work, which treats of similar provisions in the constitutions of the several States (o) (n) Opinion of the Supreme Court of the U. S, 4 Wheat. Eep. p. 193. (o) See Part II, chapter III. CHAPTER VIII. PRESIDENT OF THE UNITED STATES. VICE PRESIDENT. EXECUTIVE OFFICERS OF THE UNITED STATES. 1. " The executive power shall be vested in a President of the United States of America. " Gojis. of U. S. Art. II, Sect. I, 1. In the distribution of the powers of government, it is provided that there shall be a general executive department ; its organization, nature and offices being definitely and permanently determined. 2. There is thus constituted a general executive department in one person. All its attributes are united in him ; and it is to be so regarded in its every relation, under the Constitution. It must necessarily, however, be administered, and its manifold and various operations be carried on, through subordinate divisions and agencies, (a) 3. It is co-ordinate with the legislative and judicial departments, forming with them the general government. Deriving its powers directly from the people of the whole Union, under the Constitu- tion, it is distinct and independent, in its proper sphere, (b) 4. The department has for its objects, the discharge of certain functions assigned by the Constitution, and, in general, to execute the laws of the United States. Though its duties are mainly execu- tive, it has an intimate connexion with the other departments of the government, and exercises important qualified powers in refer- ence to them, their acts and proceedings. Like the other departments of the government, its powers are defined and limited, being those only which are expressly vested in it by the Constitution, or which incidently arise from those so de- clared, or belong essentially to the nature of its specified duties. The President is possessed of only enumerated powers ; the executive powers being defined by the Constitution, as are the le- gislative and judicial powers of the government. The name or style given to the office imports of itself no power. 5. The President is otherwise called the Executive, or Chief Executive Magistrate of the United States. There is no title given to him by the Constitution or law. The term Excellency is applied to him from courtesy or etiquette. 6. The President, though possessed of only prescribed and limited authority, may, from the position he occupies in reference (a) See Part I chap. III. (b) See t'ui'ther on in this chapter. 143 144 PRESIDENT OP THE UNITED STATES. [PART I. to the other departments of the government, and from the peculiar nature of the powers conferred upon him, be considered the repre- sentative and official organ of the nation, in its correspondence, negotiations and acts with foreign countries, and in regard to its affairs in general, to be conducted and transacted in accordance with the Constitution and laws. I. The President is elected by the whole people of the Union ; the prerequisite qualifications for the office, the mode of election, and the duration of the office, being so constitutionally prescribed, as to be best calculated to secure in him the proper representation of the will of the people, in regard to the manner in which he is to discharge the important duties devolving upon him, and as they may affect the varied interests of the country. Qualifications for the office of President. 8. '' 1^0 person except a natural born citizen, or a citizen of the United States at the time of the adoption of this Constitution, shall be eligible to the office of President ; neither shall any person be eligible to that office who shall not have attained to the age of thirty-five years, and been fourteen years a resident within the United States." Cons, of U. S. Art. II, Sect I, 5. Mode of election. 9. The President of the United States is elected by electors chosen by the people. They are called Presidential electors. Each State appoints a number of electors, equal to the whole number of Senators and Representatives in Congress to which it may be entitled. As to the prerequisite qualifications of the electors, it is provided, ' ' No Senator or Representative, or person holding an office of trust or profit under the United States, shall be appointed an elector. ' ' Cons, of U. S. Art. II, Sect. I, 2. 10. As to the manner of appointing them, it is declared : ' ' Each State shall appoint, in such manner as the Legislature thereof may direct, the number of electors" to which it is entitled. Cons, of U. S. Art. II. Sect. I. 2. The actual mode of appointing electors of President, adopted by the States respectively, is diverse in the different States ; being, either by the Legislature of the State ; by the people in districts ; or by the people in the State at large, by general ticket. II. Congress has power to 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. Cons, of U. S. Art. II. Sect. I. 4. The electors are to be chosen on the Tuesday next following the first Monday in November, throughout the United States ; the time CH. vrrr.] president of the united states. 145 directed by the Act of Congress of 1845. Formerh' the several States were authorized to fix the days for choosing the electors within the States respectively, within thirty-four days preceding the first Wednesday in December, by Act of Congress of 1792; and different days were fixed for the purpose. When there shall be no choice on that day, electors may be appointed in such manner as the State may by law provide. 12. The electors are to give their votes on the first Wednes- day in December, as determined by the Act of Congress of 1845. The electors of President are to meet for the purpose of giving their votes in their respective States, as provided by the laws thereof. Electoral colleges are the Presidential electors, met in their re- spective States, for the purpose of giving their votes. Each State may provide by law for filling vacancies in its college of electors. 13. The electors in each State are to vote by ballots for Presi- dent, and by distinct ballots for Yice President, of the United States ; one of whom, at least, shall not be an inhabitant of the same State with themselves. Cons, of U. S. Amend. Art. XII. 14. The result of their votes is to be declared in this manner : — Certified lists of the persons voted for in the several colleges of electors are to be transmitted to the President of the Senate of the United States, who shall, in the presence of the Senate and House of Representatives of the United States, open all the certificates, and the votes shall be counted. The majority of the votes of the whole number of electors in the several States is necessary to elect a President. 15. If no person have a majority of the votes of the whole number of electors, the House of Representatives of the United States is to elect a President from the three persons having the highest number of votes of the electors ; the votes of the Repre- sentatives to be taken by States ; and a majority of all the States to be necessary to a choice. 16. The following is the provision of the federal Constitution as to the mode of election of President, by the electors, or by the House of Representatives of the United States : ' ' 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 persons 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 13 146 PRESIDENT or THE UMTED STATES. LPAET I. 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 Pre- sident if such number be a majority of the whole number of electors appointed. And if no person have such majority, then from the persons having the highest number, 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 cj[Uorum 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. " Cons, of U. S. Ainendments, Art. XII. IT. If the choice devolve upon the House of Representatives, and they fail to make a choice before the 4th of March next fol- lowing, the Tice President is to act as President. Cons, of XJ. S. Amendments, Art. XII. (c) A Vice President may be elected, or chosen by the Secate, as above provided, before an election or choice of President. 18. The day fixed by Act of Congress for opening and counting the votes of the electors, and, in case of its being necessary, for the election of President by the House of Representatives, and of Yiee President by the Senate of the United States, is the second "Wed- nesday in February, after the appointment of electors. 19. There is no constitutional provision for the case where there is neither a President or Vice President elected or chosen, in the manner oirected by the Constitution. The Act of Congress of 1792 provides that, under such circum.stanees there shall be anew election, (a) Duration of o;ffice. 20. What is the term of office of the President of the United States ? Four years ; commencing the fourth day of March after his elec- tion. This commencement of the term is provided by Act of Con- gress, and recognized by the Xllth Art. of the Amendments to the Constitution of the ITnited States. The seventeenth Presidential term commenced the for.rth day of March in the year 1853. Re-election. 21. A person may be re-elected President of the United States for any number of terms of ofl&ce successively, under the Constitu- (c) See head Vice President of the United States, chap. YIII. [^d") See, in this chapter, § 56. CH. VIII. J PRESIDENT OF THE UNITED STATES. Ii7 tioii. From the commencement of the government, liovvever, all the Presidents who have served a second term in the office, have declined a further re-election ; a practice which seems now to be permanently established. Oath of office. 22. The oath of office of the President is : " 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." Cons, of U. S. Art. II. Sect. I. 8. Go7npensation. 23. There is a provision in the federal Constitution as to the compensation of the President of the United States. " The President shall, at stated times, receive for his services a compensation, which shall be neither 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." Cons, of U. S. Art. II. Sect. I. 1. 24. The compensation which the President receives is twenty- five thousand dollai's per year, by Act of Congress. Power as to the army and navy. 25. The power of the President as to the army and navy of the United States, is declared by the Constitution : ' ' The President shall be commander-in-chief of the Army and Navy of the United States, and of the militia of the several States when called into the actual service of the United States. " Cons of U. S. Art. II. Sect. II. 1. Foxver as to the militia. 26. By Act of Congress of 1795, the President is authorized to call forth the militia, to execute the laws of the Union, suppress insurrections, and repel invasions, f The President is to be the exclusive judge as to when these exigencies arise, on the occurrence of which the militia may be called forth. The Supreme Court of the United States has decided that the President is the sole and exclusive judge. 21. The militia is not to be considered as "in the service of the United States" until they have reached the place of rendezvous in pursuance of the call of the President ; before which they are under the orders of the State governments respectively ; as adjudged by the Supreme Court of the United States. t See under the head "Congress, &c." as to the militia, p. 148 PRESIDENT OF THE UNITED STATES. [PAET I. Consulting power. 28. The President may require the opinions of the heads of the Executive Departments on matters appertaining to their offices respectively. ' ' He may require the opinion," in writing, of the principal officer in each of the Executive Departments, on any subject relating to the duties of their respective offices." Cons, of U. S. Art. II. Sect. II. 1. 29. The President and heads of Departments constitute what is called the cabinet of the government of the United States. The President often summons these officers to a meeting with him, for consultation, which is called a cabinet council. Power of pardon. 30. ' ' He shall have power to gi'ant reprieves and pardons for offences against the United States, except in cases of impeachment. " Cons, of U. S. Art. II. Sect. II. 1. 31. He may grant pardons for such offences before, as well as after conviction therefor. Power as to treaties, 32. ' ' He shall have power, by and with the advice and consent of the Senate, to make treaties, provided two-thirds of the Sena- tors present concur." Cons, of U. S. Art. II. Sect. II. 2. 33. Treaties § with foreign countries, if made abroad, are nego- tiated on the part of the United States by ministers appointed by the President (with the advice and consent of the Senate), and who act under his instructions ; and if made in this country, they are negotiated between the Secretary of State, under the like in- structions, and ministers accredited from foreign governments. When the terms of a treaty are agreed upon by the ministers, pleni- potentiaries, or agents employed for that puri^ose, and approved by the President, he submits it to the Senate. The Senate acts upon it, separately and independently ; the President not partici- pating in their deliberations, but rendering them from time to time such information relative to it as they may require. The Senate may wholly approve or reject the treaty ; or they may ratify a part ; or they may recommend additional or explanatory articles, which, if the President approve, may become the subject of farther nego- tiation with the foreign power ; and when the whole is agreed to on the other part, and receives the sanction of the Senate, the ratifications are exchanged between the respective governments, and the treaty becomes obligatory upon both nations. § See Part II. cliapter II. t>. OH. Vni.] PRESIDENT OF THE UNITED STATES. 149 34. "All treaties made, or wliich shall be made, under the authority of the United States, shall be the supreme law of the land." Cons, of U. S. Art. YI. 2. The several States are prohibited from making treaties. "No State shall enter into any treaty, alliance or confederation. " Cons, of U. S. Art. I. Sect. X. 1. "No State shall, without the consent of Congress, enter into any agreement or compact with another State, or with a foreign power. ' ' Cons, of U. S. Art. I. Sect. X. 2. Power of appointment. 35. What power has the President to make appointments to office ? " The President 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 President alone, in the courts of law, or in the heads of departments." Cons, of U. S. Art. II. Sect. II. 2. The President thus nominates officers, by proposing their names to the Senate, in order to their being appointed. The Senate may approve or disapprove of their being appointed. It approves by passing a resolution that it advises and consents that the President shall appoint a particular person named as nominated, after which he may be appointed and commissioned by the President. If the Senate refuse to pass such a resolution, or declare in the same manner its disapprobation and dissent, the person nominated is said to be rejected by the Senate, and cannot be appointed, ((i) The Senate has no power to act on any appointment made, or in- tended, by the President, except on a nomination so presented by him. The Senate cannot nominate or appoint a person instead of the one nominated by the President, and rejected by it. The President may withdraw a nomination made by him to the Senate. He may, also, withdraw an appointment and commission from the nominee, even after the nomination has been approved by the Senate and its consent given to the making of the appointment. An appointment to an office is not complete until a commission therefor has been regularly made and executed. An actual delivery of the commission to the person appointed is not, however, abso- lutely necessary. (d) See, above, chap. III. title Senate, &c. 13* 150 PRESIDENT or THE UNITED STATES. [PART I. 36. There is no restriction on the President as to the persons whom he may nominate to office. He may, therefore, renew a nomination which the Senate has rejected. 3Y. The President commissions all officers of the United States. ' ' He shall commission all the officers of the United States. ' ' Cons, of U. S. Art II. Sect. III. And this includes all such officers, whether appointed by him or not. 38. " The President shall have power to fill up all vacancies that may happen during the recess of the Senate, by granting commis- sions, which shaE expire at the end of their next session." CGn!<. of U. S. Art. II. Sect. II. 3. It has been doubted whether, where a person has been commis- sioned by the President, under this provision of the Constitution, and at the next session the Senate has not advised and consented to the appointment, the President can afterwards thus commission him again until the end of the following session of the Senate. In practice, the President has exercised this power, it being considered that a vacancy has happened. Where an office has been created by Act of Congress which is not filled during the existing session of Congress, or of the Senate, the President cannot make an appointment to the office during the recess of the Senate, unless special authority therefor is given to him by the Act. It is not the case of a vacancy happening during the recess of the Senate. 39. The President has not power to create offices, and make appointments to them. It is implied by the constitutional provision that the offices to which he may make appointments, shall be ex- isting ones, under the Constitution, or the laws of the United States. 40. The President alone has power to remove officers, in gene- ral, who were appointed by him, whether such appointments were with the advice and consent of the Senate, or otherwise. The power of removal has not been expressly given by the federal Constitution to the President ; the general opinion, however, has been that it is necessarily implied in the power of appointment, v.here the contrary is not provided in terms ; and the practice has ])een in conformity thereto. The President has, thus, the power of creating vacancies and ;ippointing officers to fill them. Officers so appointed in the recess of the Senate, continue in office until the next session of Congress. 41. There are no officers of the United States who hold their offices for life, during good behaviour, except judicial officers, who can be removed only by impeachment. 42. All officers of the United States, appointed by him, by and with the advice and consent of the Senate, hold their offices at the I CH. Vm.] PRESIDENT OF THE UNITED STATES. 151 will of the President, as to their removal by him, except where it is otherwise provided by the Constitution. This is so, under the construction and practice above stated. 43. With regard to all offices, the appointment to which is confided to the President by the federal Constitution, Congress cannot give any duration of office which is not subject to his power of removal. 44. Under the power of Congress as to the appointment of " inferior officers, " it may prescribe the term of office, and the manner in which the removal, as well as the appointment, shall be made.* Cons, of U. S. Art. II. Sect. II. 2. Power as to legislation. 45. The President has, by the Constitution, certain powers as to bills passed by Congress, and, in consequence, in regard to the legislation of the government. He has the power of approving or disapproving of every bill, and joint order, resolution or vote, passed by Congress, (except on a question of adjournment); if approved and signed by him, it be- comes a law ; if not approved by him, it can only become a law by being reconsidered and repassed by two-thirds of both Houses of Congress in the manner prescribed by the federal Constitution, (e) 46. The President's power of disapproving such a bill is called his veto power. The word veto means ' ' I forbid. ' ' Power to convene Congress. 47. "He may, on extraordinary occasions, convene both Houses of Congress, or either of them." Cons, of U. S. Art. II. Sect. Ill.(f) Power to adjourn Congress. 48. What power has the President as to adjourning Congress ? " He may — in case of disagreement between them" (the two Houses of Congress) "adjourn them to such time as he shall see proper." Cons, of U. S. Art. II. sect. III.(/) Communications to Congress. 49. What is the duty of the President as to giving information to Congress of the state of the Union ? ' ' He shall, from time to time, give to Congress information of * See further on in this chapter, head " Executive Officers, &c." par. 69. (, e) See more fully under the title Congress of the United States, above, chapter III. (/) See above, chapter III. 152 PRESIDENT OF THE UNITED STATES. [PART I. the state of tlie Union, and recommend to their consideration such measures as he shall judge necessary and expedient." Cons, of U. S. Art. II. Sect. III. The President is not obliged to communicate to Congress, or to make public, his official proceedings, or the papers or documents in his possession, when he deems it inexpedient for the country so to do. The messages of the President are his written communications to Congress, or to each House thereof, at any time. It is usual for the President to send a general message to Congress at the com- mencement of each session thereof, giving a statement of the trans- actions and affairs of the government, of its relations with foreign nations, and of the state of the country during the preceding year, and recommending to Congress such measures or subjects of legis- lation as he deems expedient. Reception of ambassadors and ministers, {g) 50. The Constitution vests in the President express powers in this respect. " He shall receive ambassadors and other public ministers." Cons, of U. S. Art. 11. Sect. III. It is meant, by this provision, that he is authorized to acknow- ledge as such, ministers and ambassadors sent by other nations to this government. Execution of the laics. 51. The general duty of the President in regard to the execution of the laws, is declared by the Constitution. ' ' He shall take care that the laws be faithfully executed. ' ' Cons, of U. S. Art. II. Sect. III. 52. This clause of the federal Constitution does not confer on the President any specific power not otherwise vested in him. Impeachment of the President. 53. What is the provision of the federal Constitution as to the impeachment of the President of the United States ? ' ' The President, Yice President and aU civil officers of the United States, shall be removed from office on impeachment for, and conviction of treason, bribery, or other high crimes and misde- meanors, "(/i) Cons, of U. S. Art. II. Sect. IV. (g) See explanations and observations further on in tliis cliapter. (li) See, above, as to Impeachments, imder the head " Senate of the United States," chapter III. I CH. Vin,] VICE PRESIDENT OF THE UNITED STATES. 153 Vacancy in the office. 54. The Constitution directs how any vacancy in the office of President is to be supplied. ' ' In the case of the removal of the President from office, or of his death, resignation, or inability to discharge the duties of the said office, the same shall devolve on the Yice President ; and the Con- gress may, by law, provide for the case of the removal, death, re- signation, or inability, both of the President and Yice President, declaring what officer shall then act as President, and such officer shall act accordingly, until the disability be removed, or a President be elected." Cons, of U. S. Art. II. Sect. I. 6. On the occurrence of any of the emergencies mentioned in this clause of the Constitution, the person upon whom the duties of the office devolve, becomes the President of the United States, to hold the office during the time specified. In one instance, on the death of a President, a few months after his inauguration, the then Vice President immediately became the President, and had vested in him all the powers of the office during the unexpired time of its regular term. The circumstances of the case illustrated most clearly the adaptness of our Constitution for the greatest emergencies con- templated by it, and the facility with which the most important operations of the government are carried on. 55. The Act of Congress of 1192 provides, that in ease also of such a vacancy of the office of Vice President, the President pro tempore, of the Senate first, and then the Speaker of the House of Representatives of the United States, shall act as Presi- dent. 56. Provision is made, also, for the case of a failure to elect or choose either a President or Vice President of the United States. The Act of Congress has provided that there shall be a new election of these officers, in such an event. There are doubts en- tertained whether Congress has constitutional power to make such a provision, (i) Personal relations. The incumbent of the office of President, regarded as a person separate from his official authority and duty, is merely a private citizen, subject to the obligations and duties of a citizen under the laws of the country. VICE PRESIDENT OP THE UNITED STATES. 5T. The Constitution provides for the existence, in the govern- ment, of a Vice President of the United States, with declared powers, some of which to be exercised certainly, and others contin- gently. (i) See above, in tliis Ch.apter, § 19. 154 VICE PRESIDENT OF THE UNITED STATES. [PART I, It is directed that lie shall be elected by electors chosen by the people, in the same manner as the President ; or in case of the failure of the people so to elect, that he shall be chosen by the Se- nate of the United States, from the two highest on the list of per- sons voted for by the electors. Cons, of U. S. Art. II. Sect. I. and Amendments, Art. XII. The election of the President and Vice President is particularly treated of in the preyious part of this chapter. 58. The prerequisite qualifications for the office of Yice Presi- dent are declared by the Constitution. ' ' No person constitutionally ineligible to the office of President, shall be eligible to that of Vice President of the United States." Cons, of U. S. Amend. Art. XII. 59. The term of office of the Vice President is four years, com- mencing from the fourth day of March after his election. It is the same as that of the President. 60. His compensation is eight thousand dollars per year, as fixed by Act of Congress There is no constitutional provision determining it. 61. " The Vice President of the United States shall be the Pre- sident of the Senate, but shall have no vote, unless they be equallv divided." Cons. ofU. S. Art. I. Sect. III. 4.0') 62. The office of President of the United States may devolve upon the Vice President, in certain cases. ' ' In the case of the removal of the President fi'om office, or of his death, resignation, or inability to discharge the powers and duties of the said office, the same shall devolve upon the Vice Presi- dent, "(yfc) Cons, of U. S. Art. II. Sect. I. 6. ' ' And if the House of Representatives shall not choose a Presi- dent, whenever the right of choice devolves 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." Cons, of U. S. Amend. Art. XII. 63. The Constitution provides that the Vice President may be impeached, and in what manner. Cons, of U. S. Art. II. Sect. IV. See above, in this chapter, par. 53, and chapter III. head Impeachment. 64. What provision is made by law for the case of a failure to elect or choose either a President or a Vice President, in the man- ner prescribed by the Constitution ? The Act of Congress of 1192 provides that there shall be a new election. (/) [j) See Senate of tte United States, above, Chapter III. (Jc)As to the provision in the case of the removal, death, &c. of both the President and Vice President, see this chapter, head " President," p. 153. (I) See title " President,'' in this chapter, p. 153. CH. Vm.] EXECUTIVE OFFICERS OF THE UNITED STATES. 155 It is usual for the Vice President to withdraw from the Senate* previously to the adjournment of the session, in order to afford an opportunity to that body to choose a President pro tempore ; so that there may be such an officer during the recess of the Senate. If the Vice President succeed to the office of President, he con- tinues in it until the expiration of the term for which the President was elected ; unless in case of a temporary disability of the Presi- ]Jent. In case of a vacancy in the office of Vice President only, by resignation, death, removal or disability, a Vice President cannot be elected until the regular period. There is no provision in the Constitution for such an election. In case of vacancies in the offices both of President and Vice President, by removal, death, resignation or inability, the person appointed by Act of Congress continues to act as President until the disability be removed, or a new election of President ; provision for holding such election being made by Congress. The Act of Congress also provides that, where there has been a failure to elect, in the manner prescribed by the Constitution, either a President or Vice President, a new election shall be held for those officers before the regular period ; the person appointed by law continuing to act as President in the mean time. See, in this chapter, § 54-6. EXECUTIVE OFFICERS OF THE UNITED STATES. 65. The officers of the general government may be classed or divided, as judicial(Hi) or executive ; and the executive as civil or military. 66. Offices held under the United States are created either by the federal Constitution, or Acts of Congress. Offices not created by the Constitution can be established only by Acts of Congress, passed in accordance with the Constitution. Ai^pointment and removal. 6T. The subordinate executive officers of the United States are appointed, as it is directed by the federal Constitution. The President of the United States ' ' shall nominate, and by and with the advice and consent of the Senate, shall appoint ambassa- dors, other public ministers and consuls, judges of the Supreme Court, and 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 President alone, (m) See Judiciary of the UuiteJ States, further on, Part I. Chap. IX. 156 EXECUTIVE OFPICEKS Oj? THE UNITED STATES. [PART I. in the Courts of law, or in the heads of departments. " Cons, of U. S. Art II. Sect II. 2. ' ' The President shall have power to fiU up all vacancies that may happen during the recess of the Senate by granting commis- sions which shall expire at the end of their next session." Cons, of U. S. Art II. Sect 11. 3. 68. Executive officers, appointed by the President, whether with the advice and consent of the Senate, or otherwise, are, in general, liable to be removed from office at his pleasure or discre- tion. They hold theii' offices at his will 69. In those cases, however, in which Congress, agreeably to the Constitution, vests the ajDpointment of "inferior officers" in the President alone, in the courts of law, or in the heads of depart- ments, Congress may provide that the persons so appointed shall hold their offices for certain terms of year, not removable at the will of the appointing power. When Congress so provides for the appointment of such officers, it may direct in what manner the appointments shall be madcf TO. The power of appointment vested, by the Constitution, in the President, cannot be interfered with by Act of Congress ; and it is so with respect to the power of removal from office, incident to that of appointment Offices may be created by Acts of Con- gress, but the appointments thereto cannot be provided for other- wise than as authorized by the Constitution. Commissions. 11. The Constitution provides that the President "shall com- mission all officers of the United States. " Cons, of U. S. Art II. Sect III. 12. Where a commission for an officer, who does not hold his office at the will of the President, is signed by the President and transmitted to the Secretary of State, to be sealed and recorded, it is irrevocable ; the appointment is complete ; and the Secretary cannot withhold the commission from the officer, though directed so to do by the President. A commission is not the appointment, but only evidence of it ; and a delivery of the commission is not necessary to constitute the appointment. Meligious tests. 73. " ISTo religious test shall ever be required as a qualification to any office, or public trust, under the United States." Cons, of U. S. Art VI. 3. t See tlie remarks on this subject under the head " President of the United States," above, in this chapter, par. 44, & pp, 179, 180. CU. VIll.J EXECUTIVE OFFICERS OF THE L'NITED STATES, 15 » Oaths off office. 74. " And all executive and judicial officers, both of the United States and of the several States, shall be bound, by oath or affirma- tion, to support this Constitution." Cons, of U. S. Art YI. 3, Imjyeachment. («,) 75. What is the provision of the federal Constitution as to the impeachment of officers of the United States ? "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 mis- demeanors. " Cons. ofU. S. Art. II. Sect. IV. By civil officers, in this provision, are meant all public officers, except military and naval officers, and members of Congress, Executive Departments. 76. What subordinate executive departments of the general government are there ? The principal departments are, the Department of State, the principal officer of which is the Seci*etary of State ; the Department of the Treasuiy, under the Secretary of the Treasury ; the Depart- ment of War, under the Secretary of War ; the Department of the Navy, under the Secretary of the Navy ; and the Post Office De- partment, under the Post Master General ; and the Department of the Interior, under the Secretary thereof. These officers are called the Heads of Departments, 77. The Secretaries of Departments and the Post Master Greneral are appointed by the President, with the advice and con- sent of the Senate of the United States ; and they are removable by him at his pleasure. In case of a vacancy, the President may authorize any person to perform the duties of Head of Department until a successor be appointed, or such vacancy be filled. 78. The Secretaries of Departments and the Attorney General(o) constitute what is called the cabinet of the President of the United States. They are his constitutional advisers, (p) 79. Neither of the Secretaries or Heads of Departments haa a seat in Congress, Their powers and duties are only executive, defined by Acts of Congress. 80. These Departments are recognized in the federal Consti- tution, and are established, and their powers and duties defined, by (n) On impeachments generally, see title Senate of the United States, head Impeachments. (o) As to the Attorney Greneral, see Judiciary of the United States , Part 1. chapter IX. (p) See, above, p. 100. 14 lo8 ESECtJirv^E OFFICERS OP THE UNITED STATES. [PART I. Acts of Congress. Other departments, for similar objects in general, may be created by law. The salaries of the Heads of Departments are fixed by law. 81. These departments are designed to aid the President of the United States in the discharge of the various duties belonging to, and in reference to the important and extensive operations connected with, the general executive power of the government. The officers having charge of them manage the affairs of the departments re- spectively, in general, under the instructions and directions of the President. In some instances, however, there are duties specially imposed upon them by Acts of Congress, which are to be performed by them independently and in the exercise of their discretion. In some of these principal departments there are branches thereof, termed bureaus, to which particular portions of their general busi- ness respectively are assigned. Each of the great departments has an official seal ; and copies of their records, duly authenticated, are, by Act of Congress, made competent evidence. It is also so provided with respect to some of the bureaus. The heads of the principal departments are authorized, by Act •of Congress, to appoint the clerks thereof respectively, except that some of the principal clerks are appointed by the President. Congress may, by law, vest the appointment of such inferior oifi- cers as they think proper, in the heads of departments. Cons, of U. S. Art II. Sect. II. 2. State Department. 82. The duties, in general, of the Secretary of State, through his department, as they are declared by Act of Congress, are to have the custody of the originals of all the laws, treaties and other public documents of the United States ; to record the same ; to furnish authentic copies of the same when duly required ; to keep the great seal of the United States, and to affix it, with his signa- ture, to all commissions and other documents requiring it, there being issued from this department commissions to all civil officers of the United States, appointed by the President, by and with the advice and consent of the Senate, or by the President alone ; to conduct the political and civil relations of the government with foreign powers, as to negotiating treaties and other regulations and arrangements therewith, and in reference to the memorials or applications of foreign ministers, agents or persons, either in this country, or abroad through the ministers of the government in foreign countries, as ambassadors, envoys, charges des affaires, or consuls ; and to perform various specific duties, relative to the department, and under the direction of the President of the United States. The patent office was a branch of this department, as were, CH. Vni.] EXECUTIVE OEFICERS OF THE UNITED STATES. 159 also, the pension office, through which pensions for military services are allowed and paid, in pursuance of Acts of Congress ; but these branches of the public affairs are now under the supervision of the Department of the Interior. There are in this department a diplomatic bureau, a consular bureau, and a domestic bureau. War Department. 8.3. As to the duties, in general, of the Secretary of war, he has the general superintendence, under the direction of the Presi- dent, of the military affairs of the government. 84. Armies. Acts of Congress providing for the raising and supporting of armies, and for their government and regulation, are carried into effect by the President, through this department. Sol- diers for the army are thus enlisted, and officers appointed ; its operations in war, and its disposal in time of peace are so directed, as all military commissions and orders are issued. In the same manner, also, are the affairs of the Military Academy of the United States du'ected, and its commandant, professors and cadets ap- pointed. There belong to this department the quarter-master's department, the engineer department, the ordnance department, a subsistence department under the charge of the commissary-general, a pay de- partment, a medical department, and a bureau of topographical engineers. Treasury Department. 85. It is the duty, in general, of the Secretary of the Treasury to manage the fiscal operations of the government ; having cogni- zance of all matters connected with the national revenue, and the supervision of the custom houses, and their officers. He is required by law to make a report annually to Congress of the fiscal affairs of the nation, containing a statement of receipts and expenditures, and an estimate of future revenue. In the organization of this department there are various subordi- nate officers, having distinct offices or bureaus ; 1. Five or more Auditors, whose business it is to examine all accounts with the treasury and certify the balances ; and for this purpose certain classes of accounts are assigned to each auditor. 2. There are two or more Comptrollers, whose duty it is to revise the accounts certified by the different auditors, make a record of the balances, and certify them to the Register. 3. It is the duty of the Register to preserve these accounts thus certified to him ; and also to keep an accurate account of all the receipts and expenditures of the government. 4. It is the duty of the Treasurer to receive and keep the public money, until duly ordered to disburse it : wliich can only be upon 160 EXECUTIVE OFFICERS OF THE UNITED STATES. [PAUT I. warrants drawn by the Secretary, countersigned by the proper Comptroller and Auditor, and recorded by the Register. 5. It is the duty of the Solicitor of the treasury to be the legal adviser of the department, and to superintend all litigation connected therewith. The Commissioner of Customs has the superintendence of the collection of the customs and duties on foreign imports, and matters relative thereto. This branch of the department was established by Act of Congress in 1849. The general Mint of the United States, with its several branches, is under the direction of this department ; the appointments of the officers and agents thereof being made by the President, or Secre- tary of the Treasury, as provided by Act of Congress. In general, all accounts and claims against the United States must be examined and adjusted by the proper officers of the Trea- sury Department before they can be paid. This can be done where there is authority given therefor by Act of Congress. Such a claim cannot be otherwise paid, except by a special Act of Con- gress. The United States cannot be sued ; there being no provi- sion in the federal Constitution authorizing it. In the year 1855 it was enacted by Congress that there should be a Court of Claims, with jurisdiction to hear and determine all such claims founded upon any Act of Congress, regulation of any executive department, or contract mth the general government, which may be suggested to the Court by petition ; and also all claims referred to it by either House of Congress. The organization and jurisdiction of this court are made the subject of notice in treating of the Judiciary of the United States. There are assistant treasurers in Boston, New York, Philadel- phia, St. Louis, and Charleston respectively. In these subordinate treasuries monies are deposited by collectors of customs, and by other officers and agents, subject to the orders and control of the general government. Navy Department. 86. The Secretary of the Navy has the general superintendence of the navy of the United States, its operations and affairs, under the instructions of the President. The Acts of Congress for providing and maintaining a navy, and for its government and regulation, are carried into effect and en- forced by the President, through this department; enlistments and appointments therefor are thus made, and its operations di- rected, as all naval commissions and orders proceed through it. There have been created, within this department, a bureau of navy- yards and docks, a bureau of construction, equipment and repair, a bureau of provisions and clothing, a bureau of ordnance and hydo- graphy, and a bureau of medicine and surgery. CH. VIII.] EXECUTIVE OFFICERS OF THE UNITED STATES. 161 Post Office Department. 87. The duties, in general, of the Post Master General, are — to make contracts for carrying the mail on the routes established by Acts of Congress, to prescribe regulations for the various Post Offices throughout the country, to superintend the receipt and col- lection of the rates of postage on letters and papers, as fixed by law, and the business of the department genei'ally. The principal officers and clerks in the departments are appoint- ed by the Heads of the departments respectively, under the direc- tion of the President of the United States. In some instances the inferior clerks and agents are appointed by them at their discretion. Department of the Interior. 88. This Department was established by Act of Congi-ess, in 1849, to be under the charge of a Secretary, and to embrace certani branches of business, and public affairs, which were formerly con- nected with some of the other departments j as the care, survey and sale of the public lands, including mines, the allowance of pensions, according to law, and the granting and issuing of patents ; together with other matters concerning the domestic policy of the country. The management of Indian affairs, the taking of the census, and the construction and care of the public buildings, belong to it. The bureaus connected with this department are the Land Office, the Patent Office, the Indian Office, the Pension Office, the chief officers of which are Commissioners respectively, and the Census Office, the chief officer of it being the Superintendent of Census. Ambassadors. 89. Who are ambassadors ? Ministers of governm'ent, appointed by the President, by and with the advice and consent of the Senate, to reside in foreign countrie.s, through whom the correspondence of our government with foreign powers is conducted, treaties are negotiated, and matters connected with our foreign political i-elations are transacted. Minister.'^ Pleni- potentiary, and Envoys, are similar officers accredited to foreign governments, on special occasions and for particular purposes. Charges des affaires are such of an inferior grade, through whom are transacted matters of less importance and of an ordinary nature, with other nations. 90. The rights and privileges of ambassadoi-s and ministers of foreign countries are determined by the law of nations. They are considered as representatives of the government or nation which sent them ; and are not subject to the laws of the country to which they are sent. This privilege generally extends to them, their domestics and servants. 14* 162 EXECrilVE OFFICERS OF THE TNITED STATES. [PART I. Ambassadors and ministers from foreign nations resident in this country are not amenable to its laws. They cannot be prosecuted or sued, or made answerable in any court of justice here. If they commit offences here, our government may demand of their sove- reign or nation that they be recalled to their ovra country and pun- ished there. It is held by some authors, that if a foreign ambassa- dor conspire with others to overturn the government of the country to which he is sent, he may be treated as a traitor, and punished accordingly under its laws. These privileges extend to the do- mestics and servants of foreign ministers. By Act of Congress, any writ or process issued by a federal or State court, against any foreign ambassador or minister, or his do- mestic or servant, is void ; and the person ordering it, and the officer executing it, are liable to be punished. This provision does not protect such domestic or servant as to debts contracted before entering into such service. ' ' As ambassadors and ministers are the representatives of their sovereigns, and requisite for negotiations and foreign intercourse, their persons, by the consent of all nations, have been deemed in- violable. If, however, ambassadors should be so regardless of theii" duty, and the object of their privileges, as to insult or openly attack the laws or government of the nation to which they are sent, their functions may be suspended by a refusal to treat with them, or ap- plication can be made to their own sovereign for their recall, or they may be dismissed, or be requii'ed to depart within a reasonable time. The writers on public law go still further, and allow force to be applied to confine or send away an ambassador, when the safety of a State, which is superior to all other considerations, ab- solutely requires it, arising either from the violence of his conduct or the influence and danger of his machinations. This is all that can be done ; for ambassadors cannot, in any case, be made amenable to the civil or criminal jurisdiction of the •country. In supposition of law, an ambassador is considered as if he were -out of the territory of the foreign power ; and it is an implied agreement among nations that an ambassador, while he resides within the foreign state, shall be considered a member of his own country, and the government he represents has exclusive cognizance of his conduct and control of his person. An ambassador is also deemed under the protection of the law of nations, in his passage through the territories of a third and friendly power, while upon his public mission, in going to and returning from the government to which he is deputed. To arrest him under such circumstances would be a breach of his privilege as a public minister. The at- tendants of an ambassador, attached to his person, and the effects in his use, and the house in which he resides, are under his protec- CH. viil] executive officers op the united states. 163 tion and privilege, and equally exempt from the foreign jurisdiction. The distinction between ambassadors, ministers plenipotentiary, envoys extraordinary, and resident ministers, relates to diplomatic precedence and etiquette, and not to their essential powers and privileges." 1 KenVs Commentaries, p. 38-40. By the federal Constitution, the Courts of the United States have jurisdiction in all cases affecting ambassadors, and other public ministers ; the jurisdiction of the Supreme Court of the TJnited States in cases against them being exclusive. See Part I. Chap. IX. on the Judiciary of the United States. Cons, of U. S. Art. III. Sect. II. 1. There are ambassadors and other such ministers accredited, by foreign powers, to our government. They are received and ac- knowledged by the President of the United States, and generally reside at the seat of government. Consuls. 91. Consuls are officers appointed by the President, by and with the advice and consent of the Senate, residing in foreign na- tions and the chief cities and towns thereof, to attend to the com- mercial interests of our country, and to the rights of our merchants, seamen and citizens, residing or visiting there, and through whom any correspondence of our government with the functionaries of foreign nations on these subjects is carried on. The acknowledg- ment and proof of commercial papers and documents are taken by them, certificates of citizenship made out by them, and various other matters relative to trade and commerce performed by them. There are consuls in this country appointed by foreign governments. 92. There are Acts of Congress in relation to the powers and duties of consuls and vice consuls of this government in foreign countries. They are specially authorized to receive the protests of masters of vessels, and others in regard to American commerce ; and it is provided that consular certificates under seal shall receive faith and credit in the courts of the United States. It is likewise made their duty, when the laws of the country in which they reside permit, to administer on the personal estate of American seamen dying within their consulates, and leaving no legal representatives ; and to take charge of and secure the effects of stranded vessels, in the absence of the master, owner or consignee ; and to provide for destitute seamen within their consulates, and to send them, at the public expense, to the United States ; and masters of American vessels are required, on arrival at a foreign port, to deposit their registers, sea letters, and passports, with the consul, vice consul, or commercial agent, if any, at the port ; though this injunction only applies where the vessel shall have come to an entry, or trans- acted business at the port. 164 EXECUTIVE OFFICERS OF THE UNITED STATES. [PART I, It has been decided in our courts, that a foreign consul, duly recognized by our government, may assert and defend, as a party, the rights of property of individuals of his nation, in the courts of the United States, and may institute suits for that pui-pose, without any special authority from the party for whose benefit he acts. But the courts have not gone so far as to recognize the right of a con- sul to receive actual restitution of the property or its proceeds, without showing some specific power for the purpose from the party in interest. By the Constitution of the United States, jurisdiction in cases affecting consuls is vested in the federal courts ; and in cases against them it is, by Act of Congress, exclusive of the State Courts. Cons, of U. S. Art. III. Sect. II. 1 ; and see Part I. Chap. IX. on the ' ' Judiciary of the United States. ' ' Consuls have certificates of their appointment, and must be ac- knowledged by the government within whose sovereignty they re- side, before they can act. When a consul is received and acknow- ledged by the government to which he is sent, it issues to him an official wi'iting, which is called an exequatur, declaring the assent of that government to regard him in such a character. And the powers of a consul may be annulled by the government to which he is sent, or in whose country he resides. A government may appoint as its consul in a foreign country, either one of its own citizens or a subject of that country. The consuls appointed by the govern- ment of the United States are paid, generally, by fees of office ; in some cases they receive salaries. Foreign consuls are not entitled to the rights and privileges of ambassadors and other ministers, as to exemption from the opera- tion of the laws of the country in which they reside. " Consuls are commercial agents, appointed to reside in the sea- ports of foreign countries, vath commissions, to watch over the commercial rights and privileges of the nation deputing them. The establishment of consuls is one of the most useful of modern com- mercial institutions. Consuls have been multiplied and extended to every part of the world where navigation and commerce can suc- cessfully penetrate ; and their duties and privileges are now gene- rally limited and defined in treaties of commerce, or by the statute regulations of the countries which they represent. In some places they have been vested \nth judicial powers in disputes between their own merchants in foreign ports. But no government can vest its consuls with judicial power over its subjects in a foreign country, without the consent of the foreign country, founded on treaty; and there is no instance in Europe of the admission of criminal jurisdic- tion in foreign consuls. " The particular powers and duties prescribed to consuls by our Acts of Congress are similar to those of British consuls, and of CH. Vin.] EXECUTIVE OFFICERS OF THE UNITED STATES. 165 consuls under the convention between this countiy and France ; and they are in accordance with the usages of nations, and not to l)e construed to be in exclusion of others, resulting from the nature of the consular appointment. ' ' Consuls are to be approved and recognized in the usual form, and if any consul be guilty of illegal or improper conduct, he is liable to have his exequatur, or the written recognition of his cha- racter, revoked, and to be punished according to the laws of the country in which he resides as consul ; or he may be sent back to his own country at the discretion of the government which he has offended. " A consul is not such a public minister as to be entitled to all the privileges appertaining to that chai-acter ; nor is he under the special protection of the law of nations. He is entitled to privi- leges to a certain extent, as for safe conduct, but he is not entitled to the jws gentium, or right of sovereign nations. It may be con- sidered as settled law, that consuls do not enjoy the protection of the law of nations, any more than other persons who enter the country under a safe conduct. In civil and criminal cases, they are equally subject to the laws of the country in which they reside. " 1 Eenfs Commentaries on American Law, p. 40-45. Districts of the United States. 94. Territorial districts or divisions are adopted for admin- istering and executing the laws of the United States, called judicial districts, consisting each of one State, or parts thereof (p) These divisions are also used for military and other purposes. The officers of the United States in each of these districts are, a judge of the District Court of the United States, a District Attorney, , and a Marshal, with his deputies. Territorial Governments. 95. The governments of the tei-ritories of the United States established by Act of Congress, in pursuance of the constitutional power of Congress to make all needful rules and regulations respecting such territories, being dependent upon the government of the Union, it is generally provided that the principal officers thereof shall be appointed by the President. There are usually thus appointed, by and with the advice and consent of the Senate of the United States, a governor and secretary for each of those Territories, (r) (p) See head "Courts of the United States," Part I. chapt. IX. (q) For a notice of these officers, see " Judiciary of the United States," i'lirther oa. Part I. chapt. IX. (r) See the head " Territorial Goveruments," chapters L III. 166 EXECUTIVE OFFICERS OF THE UNITED STATES. [PABT I. Titles of office, &c. 96. "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 Congress, accept of any present, emolument, office or title, of a,ny kind whatever, from any king, prince or foreign State." Cons, of TJ. S. Art. I. Sect. it. 1. There is no honorary title or term of address given, by the Con- stitution or law, to the President, Yice President, any member of Congress, or civil officer of the ITnited States. Certain customary titles of this kind are applied to them, from courtesy or etiquette. Provisions relative to executive officers and clerks. 9*1. By Act of Congress, every clerk and other officer in any ©f the departments of government, is required to take an oath to support the Constitution of the United States, and well and faithftiUy execute the trust committed to him. It is provided by several Acts of Congress, that any officer of the United States, or person holding any place of trust or pi'ofit under or in connection with any executive department of the gov- ernment, or under the Senate or House of Representatives, or any Senator or Representative, who shall act as agent or attorney for prosecuting any claim against the United States, or aid or assist in the prosecution of any claim, or receive any share of any claim for having aided in its prosecution, shall be liable to be indicted therefor, and, on conviction, to fine and imprisonment. By the same Acts, also, it is enacted that for bribery, or the unlawful influencing of members of Congress, or any person holding any office of trust or profit, as aforesaid, the person giving and the person receiving the bribe, are each guilty of a high crime and misdemeanor, and upon conviction thereof shall be punished by fine and imprisonment. It is also so provided that no officer in any department of govern- ment, or branch thereof, or any other person whose salary, pay, or emoluments, is or are fixed by law, or by the regulations of any department or office, shall receive any additional pay or extra allowance or compensation whatever, for any service or duty, unless the same shall be authorized by law and an appropriation be explicitly made therefor. CHAPTER IX. JUDICIARY OF THE UNITED STATES. 1. ' ' The judicial power of the United States shall be vested in one Supreme Court, and in such inferior courts as the Congress may, from time to time, ordain and establish. " Cons, of U. S. Art. III. Sect. I. These Courts constitute the judiciary or judicial department of the general government. 2. What is the nature in general of the powers and duties of the judicial department of the genei'al government ? It is that branch of the general government to which is intrusted the power of applying and expounding the laws, in the administra- tion of justice, according to the jurisdiction given to it. It is vested with the power to administer justice, under the Con- stitution and laws of the United States ; and, consequently, in the exercise of its proper jurisdiction, to interpret and enforce the provisions of the Constitution. It is to be considered as instituted by the federal Constitution, in accordance with the preamble thereof, in order ' ' to establish justice." 3. It is a co-ordinate department of the general government, in the exercise of its proper powers independent of the other depart- ments thereof. It is the representative of the people of the Union, having its authority from them through the Constitution, as the source of power. The judicial power of the United States is thus separated and made independent, and not blended with one or both of the other departments of government. It is itself a substantive, necessary part of the general government. Under our system, the powers of government are distributed amongst three several departments, each acting in its proper sphere independently of each other, and yet all mutually connected, (a) 4. The judicial department is limited, as to its powers and jurisdiction. The government of the United States being limited to certain national objects, as provided in the federal Constitution, this limi- tation applies to the judicial as to the other departments. The same principles and rules for the construction of the federal 167 (a) See Part I. chapt. I. 168 JUDICIARY OF THE UNITED STATES. [PAET I. Constitution are proper in regard to all the dej^artments of the general government. 5. The judiciary of the United States has the power, in the administration of justice, according to its jurisdiction, to determine the validity or invalidity of a law of Congress, or of an Act or proceeding of the Executive Department of the general govern- ment, in respect to the conformity thereof to the federal Constitu- tion. The right of courts of justice, in the due administration of the Law, to pronounce or treat legislative Acts as void, on the ground of their unconstitutionality, rests upon the soundest and clearest principles. The powers conferred by the federal Constitution upon any of the departments of government are delegated and limited. Every Act of delegated authority contrary to the commission under which it is exercised must be void ; and no Act of Congress con- trary to the Constitution, which is the commission from which every department of the government derives its authority, can therefore be valid. The Constitution is the declared will of the people, and it cannot be intended that the representatives of the people in the national Legislature should be enabled to substitute their will in the place of the will of their constituents ; and to render a construction by them of their own powers conclusive upon the other departments. The interpretation and application of the laws, in the adminis- tration of justice, is the peculiar province of judicial courts ; and as the federal Constitution is in fact a fundamental law, and the courts are bound to regard it as such, it is as much their duty to ascertain its meaning, as to ascertain the meaning of any Act proceeding from the Legislature. If in any case there should be found an irreconcilable variance between a law and the federal Constitution, that which has the superior obligation and validity ought, of course, to be preferred ; the Constitution should prevail over the law, and the intention of the people themselves be carried into effect, instead of the intention of their agents or representatives. According to these propositions, the people are regarded as superior to both the judicial and the legislative power of the government ; and when the will of the Legislature, declared in the law, stands opposed to the will of the people, declared in the federal Constitution, the judges are to be governed by the latter rather than by the former ; and courts of justice are bound to regulate their decisions by the fundamental law in the Constitution, over which the Legislature has no control, rather than by those laws which it may at any time repeal or alter, and which derive their validity and effect from the Constitution. CH. IX.] JUDICIARY OF THE UNITED STATES. 169 It has the power, also, of deciding upon the validity of a consti- tutional provision, or law of a State, in regard to the accordance thereof with the Constitution of the United States. By the federal Constitution it is provided that the judicial power of the United States shall extend to all cases arising under the Constitution, law and treaties of the United States \ and as these must be regarded as the supreme law of the land, the federal Courts have the right, as it is their duty, in tlie ordinary exercise of their jurisdiction, to declare and treat as void the Constitution, laws and proceedings of a State so far as, in their judgment, they are repug- nant thereto. 7. As to the authoi'ity of the decision of the Supreme Court of the United States, in such cases, involving the interpretation of the federal Constitution, it must, necessarily, be final and con- clusive. (6) 8. The federal judiciary is thus made the authorized expounder and interpreter of the federal Constitution, as to all cases which come before it in the course of the administration of justice. 9. The judicial department, then, is an important constitutional check upon the other branches of the general government, and the means of preventing them from transcending their proper powers ; as also of keeping the States severally within their peculiar spheres, as parts of the system of the Union. 10. These highly important functions of the judiciary render it necessary that its independence should be secured by constitutional provisions, (c) Jurisdiction in general. 11. " The judicial power shall extend to all cases in law and equity, arising under this Constitution, the laws ot the United States, and treaties made, or which shall be made, under their au- thority ; to all cases affecting ambassadors, other public ministers and consuls ; to all cases of admiralty, or maritime jurisdiction ; to controversies to which the United States shall be a party ; to con- troversies between two or more States, between a State and citizens of another State, between citizens of different States, between citi- zens 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." Cons, of U. S. Art. III. Sect. II. " 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 [b) See, in tlife cliaiiter, the head " Supreme Court of the United State.^." (c) See, in this chapter, the heads " Tenure of Office" and " Compen- sation." 15 170 JUDICIARY OP THE UNITED STATES. [PART I. by citizens or subjects of any foreign State. Cons, of U. S. Amendments, Art. XI. 12. By " the judicial power of the United States," mentioned in these provisions of the Constitution, is meant the power or juris- diction which, in whole or part, may be conferred by Act of Con- gress on all the judiciary of the United States, or any part thereof, or on any court or tribunal, in pursuance of the federal Constitution. These provisions include all the cases of which the United States courts or Judiciary can entertain jurisdiction. They embrace the whole power of the Judiciary or judicial de- partment of the United States, which is thus defined and limited by the federal Constitution. All the objects to which the judicial power can be extended are thus specifically enumerated and expressed in the federal Consti- tution. This jurisdiction may be apportioned among several federal Courts by Congress, at its discretion ; except that the Constitution expressly provides that the Supreme Court shall have original jurisdiction in some particular enumerated cases. The jurisdiction conferred upon the federal Judiciary, by these provisions, is both original and appellate. 13. What is meant by the jurisdiction of a court ? When a case is in the power of a court, to be tried or disposed of according to law, it is said to have jurisdiction of it. 14. The jurisdiction of a court maybe considered, in regard to the nature of the cases under its cognizance, as civil or criminal ; and, in regard to the nature of its power, as original or appellate. 15. A court has original jurisdiction of a case, when the first proceedings in it may be commenced in that court. 16. A court has appellate jurisdiction of a case when the proceedings in the case must be commenced in some other Court, and may be thence transferred for revision and correction to that ourt. A court has appellate jurisdiction of a case when the case may be brought before it by appeal from a lower court. IT. The most usual mode of exercising appellate jurisdiction is by Writ of Error, or by Appeal. A Writ of Error is a common law process for the removal of a suit from an inferior court, but which removes nothing for re-examination but the law of the case, as the case appears on the record. 18. An Appeal is a proceeding by which the cause is entirely removed from an inferior court, and the facts as well as the law therein are subjected to a review and retrial. 19. It is under the general appellate power vested in the federal Courts that cases within their cognizance may be removed from a State court, and before as well as after judgment in the case ; and the right is exercised, as directed by Acts of Congress. CII. IX.] JUDICIARY OF THE UNITED STATES. lYl 20. A Certiorari is a common law writ from a superior to au inferior court, commanding the latter to certify the record of a case to the latter court, for revision and correction ; on which, generally, the case is reviewed by the superior court only on mat- ter of law. 21. A writ of Habeas Corpus cum causa is also a commou law process, issued by a superior to an inferior court, commanding \'l\q latter to have a certain cause brought before the former, where it may be tried on the facts. 22. What is the provision of the federal Constitution as to the re-examining of facts tried by a jury ? ' ' And no fact tried by a jury shall be otherwise re-examined in any court of the United States, than according to the rales of the common law." Cons, of U. S. Amend. Art. VII. By this provision the right of trial by jury is secured in all im- portant cases ; and the verdict of a jury cannot be reversed on matters of fact by the Supreme Court, or any other court of the United States. 23. There are nine classes of cases stated in the federal Con- stitution, to which the judicial power of the United States may be extended. 24. I. "To all cases, in law or equity, arising under this Constitution, the laws of the United States, or treaties made, or to be made, under their authority. ' ' As the Constitution, laws and treaties, of the United States, are the supreme law of the land, and these cases refer to national objects, it is proper that the jurisdiction of the national judiciary should be extended to them. The Constitution having been formed by all the people of the Union, the construction and operation of it ought to be ascertained by au authority derived from them. The necessity, also, of preserving uniformity in the interpretation of the national Constitution and laws, throughout the whole country, renders this jurisdiction indispensable. The jurisdiction of the federal courts under this clause is in cases at law or equity, and of a civil and criminal natui'e. This jurisdiction may be either original or appellate ; and exclusive, or concurrent, in some cases, with the State courts. It is on the authority of this provision of the Constitution that the appellate jurisdiction of the Supreme Court of the United States is extended, by Act of Congress, to decisions of the State courts, in some cases, involving the construction of the Constitu- tion, laws or treaties of the United States. See head "Supreme Court of the United States, ' ' further on in this chapter. The federal judicial power extends to cases arising under the national Constitution, where tliere are no laws passed in pursu- ance of it, in order to give efficacy to those Constitutional pro- 172 JTJDICIAKY OF THE UNITED STATES. [PART I. visions which neither require nor admit of an Act of Congress to ■enforce them. The provisions of the federal Constitution which contain prohibitions or restraints on the individual States are of this nature. It is only in ^ ' cases' ' made, that is, in suits or cases instituted according- to the regular course of judicial proceedings, that such jurisdiction can be exercised. The courts of the United States, or the judges thereof individually, cannot be consulted upon, or decide, mere abstract questions, or any matter not coming before them in the course of the administration of justice. In the cases embraced in this clause the jurisdiction of the federal courts depends upon the character or subject matter of the cause, and attaches, whosoever may be the parties. In some of the other classes of eases the jurisdiction depends entirely upon the character of the parties, and it is immaterial what may be the subject of controversy, 25. II. ■' ' To all cases affecting ambassadors, other public ministers and consuls. ' ' The jurisdiction of the federal courts should be applied to these cases, because public ministers representing foreign nations, are entitled to be treated according to the law of nations, {d) and such cases may involve questions of national interest. See head ' ' Am- bassadors" and "Consuls," Part I, chapt. YIII. The jurisdiction conferred by this provision of the Constitution on the federal judiciary, in relation to cases against foreign ambas- sadors and ministers, is only such as a court of law can exercise consistently with the law of nations. In all these cases the Supreme Court of the United States has by the Constitution original jurisdiction ; in relation to such cases against ambassadors and other public ministers it is made by Act of Congress exclusive, and in suits brought by them concurrent either mth the inferior federal courts or -with the State courts ; it being, also, so concurrent in cases in which a consul or vice consul ss a party. The jurisdiction in these cases arises from the character of the parties, no matter what may be otherwise the nature of the com- plaint or demand. 26. III. "To all cases of admiralty and maritime jurisdic- tion. ' The words admiralty and maritime are here synonymous. The cases included in this provision are such as relate to the high seas, whether crimes, captures, injuries or contracts. The high seas, including all places where the tide ebbs and flows, not being within any county or territorial district, constitute the grand highway of fd) See as to tlie "Law of Nations," Part II. chapt. II. CH. IX.] JUDICIARY OF THE UNITED STATES, 113 nations ; and hence the propriety of referring all questions having- reference to this locality to the national judiciary, (e) Maritime causes generally depend upon the law of nations, and eouimonly affect aliens. These cases relate to acts done on the high seas, and matters occurring or transacted there. They are civil or criminal. There are Acts of Congress providing for the punishment of offences committed on the high seas. The jurisdiction of the federal courts in this class of cases is, from their nature, necessarily exclusive of the State courts. The federal courts have also jurisdiction of cases arising undei the Acts of Congress, made in pursuance of its power ' ' to reg- ulate commerce. ' ' 27. IV. "To controversies to which the Fnited States shall be a party." It is necessary that the United States should be allowed to sue in the federal courts ; otherwise they would be compelled to sue in the State courts, and be subject to State jurisdiction. This provision implies that the United States may sue; but it does not authorize that they shall be sued. It is a principle of law that a nation or State cannot be sued, except by its own consent. The United States cannot be sued, there being no Act of Congress authorizing it. This jurisdiction of the federal courts, as applicable to civil cases, is exercised concurrently with the State courts. The United States may bring civil suits against private persons in the State courts. 28. V. "To controversies between two or more States. ' ' Jurisdiction is granted to the federal courts in these cases, in order to secure impartial justice ; which might not be obtained in the coui'ts of either of the States which are parties to the con- troversy. Such jurisdiction is, also, in harmony with the general system of the .government of the Union, and is essential to its. peace and stability. The Supreme Court of the United States has original exclusive jurisdiction in this class of cases, by Act of Congress. 29. VI. ' ' To controversies between a State and citizens of another State," Jurisdiction is given in such cases to the federal courts, in the fear that the State courts might not be impartial. It had been decided that this provision authorized suits by indi- viduals against a State, as well as by a State against individuals. And, hence, the eleventh Amendment to the federal Constitution was adopted,, which provides ' ' that the judicial power of the United States shall not be construed to extend to any suit, in law or equity, (e) Walker's Introd. to American Law, p. 117. 15* 174 JUDICIARY OP THE UNITED STATES. [PAKT I. commenced or prosecuted against one of the United States by citi- zens of another State, or by subjects of any foreign State." No State can now be sued by an individual, unless it be in the courts of the State, and by its own consent. By the Constitution of Delaware, it is provided, " Suits may be brought against the State, according to such regulations as shall be made by law. ' ' " The Legislature shall direct by law in what manner suits shall be brought against the State. " Cons, of Wisconsin, Kentucky, Alabama, Missouri, Mississippi. It has been decided that wliere in a suit brought by a State against an individual, he takes out a Writ of Error against the State, this latter proceeding is not prohibited by the Amendment to the Constitution, as it is not an original suit against the State. In suits of this class the Supreme Court of the United States has original jurisdiction, concurrently with the other federal courts and with the State courts ; and appellate jurisdiction over those courts where they take cognizance of such suits ; by Act of Congress. 30. VIL " To controversies between citizens of different States." Cognizance of such cases is given to the federal courts, in order to avoid the influence of any bias that might exist in the courts of either of the States engaged in such a controversy, and to furnish tribunals common to all the citizens of the Union, for the free and equal administration of justice. Jurisdiction in such cases is concurrent in the federal courts and the State courts. Citizenship, in reference to this jurisdiction, means only resi- dence ; and if a citizen of one State removes with his family into another State, with a bona fide intention to reside there, he in- stantly becomes a citizen of that State, and may sue, as such, in the federal com-ts. (/) A citizen of a ten-itory, or of the District of Columbia, cannot sue a citizen of a State in these courts, {g) A citizen of the United States, residiug in any State of the Union, is a citizen of that State. Qi) 31, YIIL ' ' To controversies between citizens of the same State claiming lands under grants of different States." Jurisdiction is given to the federal courts in these cases, because as the rights of the two States to grant the land are drawn in ques- tion, neither of them ought to decide the controversy. (f) 3 Wash, a C, 546. 4 Id. 101, 516, 609. 4 DaU. 360. (g) 1 Whea . 91 ; 4 Wash. C. C. 519. See District of Columbia ; Citi- teas of the United States. (h) 6 Peters, 761. CH. IX. "1 JUDICIARY OF THE UNITED STATES, l^S This is the onlj' instance in which the federal Constitution directly provides for the cognizance of suits between citizens of the same State in the courts of the United States. 32. IX. ' ' To controversies between a State or the citizens thereof, and foreign States, citizens or subjects." The reason for this provision is, that, as the general government is responsible for the conduct of its citizens towards other nations, all questions touching the justice due to foreign States and people should be determined by the national authority. There would, also, be thus secured to foreign States or citizens a greater impartiality in the decision of such cases, than there might be in the courts of a State, with which, or its citizens, the contro- versy should be depending. A State may sue, but cannot be sued without its consent, in any such case. The original jurisdiction in such cases is concurrent in the Circuit Courts of the United States and the State courts ; the federal Supreme Court having appellate jurisdiction. An alien may sue either in the Circuit Court of the United States or a State court ; and a citizen has the same election in bringing a suit against an alien ; in any such case in a State court the defend- ant having a right to transfer it to the federal Circuit Court Criminal jurisdiction. 33. The courts of the United States have jurisdiction of all crimes and offences committed in violation of the laws of Congress made in pursuance of the federal Constitution. This jurisdiction is necessarily exclusive in the federal courts ; as in every indictment or prosecution for such oifence it must be charged to have been committed against the United States, and as the President may reprieve or pardon for it. Every criminal prose- cution must charge the offence to have been committed against the sovereign or government whose court sits in judgment upon the offender, and whose executive authority may pardon him. The jurisdiction of the courts of the United States in regard to criminal matters is entirely distinct from that of the courts of the several States respectively, The jurisdiction which the State courts have, in some cases, concui'reutly with the federal courts, is confined to civil causes, for civil demands, or to enforce penal statutes. The general government being formed for national purposes, it can have power to punish only crimes and offences which affect the whole country ; whilst the several States have cognizance generally of all offences, of a local and municipal character. IT 6 JUDICIARY OF THE UNITED STATES. [PART I. 34. Offences against the United States are such as Congress has either express or incidental power to punish, by the Constitu- tion, (h) There are five classes of offences declared by Congress, in pur- suance of its express power to punish. I. Treason, against the United States. 11. Offences committed on the high seas ; as piracy, murder, manslaughter, mayhem, larceny, and other felonies ; being concerned in the foreign slave trade ; and certain offences against ships and vessels. III. "Counterfeiting the securities and current coin of the United States. ' ' I Y. Offences against the law of nations ; as violating any safe-conduct, or passport, issued under the authority of the United States ; and the infringe- ment of the rights of foreign ambassadors. Y. Offences com- mited in places wherein Congress has the power of exclusive leg- islation ; as in the District of Columbia, the territories of the United States, and in places purchased by the general government for the erection of forts, arsenals, dock-yards, and the like. There is a number of offences declared by Act of Congress, in pursuance of its incidental power; as offences against the revenue laws, against the laws regulating commerce with the Indians, against the post-office regulations, extortion and embezzlement by officers of the United States, and the like. Civil jurisdiction. 35. The courts of the United States have jurisdiction of all civil cases arising under the federal Constitution, or the laws of the United States made in pursuance of it. The distinction between the jurisdiction of the federal courts and that of the State courts depends upon, and corresponds with the difference between the general government and the several State governments, as to their nature and powers, under the com- mon system. The power of the general government as to the jurisdiction of the federal courts can only be such as is expressly or impliedly granted by the Constitution of the United States, in regard to national objects, and the State governments may confer upon their courts respectively all jurisdiction not thus authorized, nor iaconsistent with any provision of the federal Constitution. There are within each State federal and State courts having separate jurisdiction respectively, according to this jurisdiction. Jurisdiction exclusive, or concurrent with the State courts. 36. The federal and State courts have, in some cases, con- current jurisdiction (h) See as to " Power of Congress to punist offences," Part I. cli. III. CH. IX.] JUDICIARY OF THE UNITED STATES. 177 The cases of such concurrent jurisdiction are stated under the heads of the particular federal courts respectively, in this chapter. See also the head, the ' ' Jurisdiction of the State courts and magistrates under Acts of Congress." The jurisdiction of the national judiciary, as declared in the federal Constitution, is in part necessarily exclusive, from the nature of some of the cases to which it extends ; and in part either exclusive, or concurrent with the State courts, in regard to other cases enumerated in the Constitution, as may be provided by Act of Congress. Its jurisdiction in criminal and admiralty cases is necessarily exclusive, from the nature of the cases. In all other cases its jurisdiction is either exclusive, or concurrent with that of the State courts, as is directed by Act of Congress. In all the cases to which the judicial power of the United States extends. Congress may vest exclusive jurisdiction in the national courts. It has done so in some cases. It is held by some jurists that all the jurisdiction contemplated by the federal Constitution must be vested in courts constituted by Congress ; and no portion of it can be conferred by Congress upon the State courts, (i) The jurisdiction which a State court can exercise concurrently with the federal courts, can only be in those cases of which it has jurisdiction under the laws of the State on general principles, and when such jurisdiction is not taken away by the federal Constitu- tion. Such jurisdiction cannot be derived simply by any Act of Congress, because the federal Constitution does not authorize Congress to confer it. It has been held, that it is only in those cases, where the State courts, previously to the federal Constitution, possessed jurisdiction, independently of national authority, and it was not taken away by die Constitution, that they can exercise jurisdiction concurrently with the federal courts. Where the State courts have jurisdiction concurrently with the courts of the United States, in the cases enumerated in the federal Constitution, there may be an appeal from the State courts to the national judiciary. See, further on, the head " Supreme Court of the United States, ' ' in this chapter. 37. What power have the courts of the United States to issue judicial writs ? All the courts of the United States have power to issue all judicial writs, though not specially provided by Act of Congress, which may be necessary for tlie exercise of their respective jurisdic- tions, and agreeable to the principles and usages of law. (i) See Part II. chapt. VI. See par. 191, in this chapter. 1T8 JUDICIAHY OF THE UXITED STATES. [PABT I. The individual judges of the federal courts have power to issue writs of Habeas cojyus, and afford relief thereon from all manner of unjust imprisonment occurring under, or by color of, the authority of the United States. Tfie common law. 38. How is the common law regarded in the courts of the United States ? There is not under the federal government any common law, considered as a source of jurisdiction ; but where jurisdiction is given by the Constitution and laws of the United States, the common law, under their correction, is deemed a proper guide, and the means of exercising the jurisdiction, in all cases, civil and criminal, not specially provided for by Act of Congress.* Trial hy jury. 39. What is the provision of the Constitution of the United States as to trial by jury ? " 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 coui'se of the common law. " Cons, of U. S. Amendments, Art. Tll.f " 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 crimes shall have been committed ; but when not committed within any State, the trial shall be at such place or places as Con- gress may by law have directed. " Cons, of U. S. Art. Ill, Sect. II. S.f ' "i!fo person shall be held to answer for a capital or otherwise infamous crime, unless on a presentment of a grand jury ; except in cases arising in the land or naval forces, or in the militia, when in actual service, in time of war, or public danger." Cons, of U. S. Amendments, Art. V.f Fdghts of accused persons. 40. There are certain rights and privileges secured by the federal Constitution to persons accused of crimes and misde- meanors ; in regard to process of law for their arrest, the bailing of prisoners, the mode of trial, and the degree of punishment. The provisions of the Constitution on these subjects are treated of in chapter YII, Part I, of this work. * See Part II. chapt. II. par. 11-12. t See Part I. chapt. VII. I CH. IX.] JUDiaARY OP THE UNITED STATES. 1^9 COURTS OP THE UNITED STATES. 41. What is the provision of the federal Constitution as to the organization of the courts of the United States ? "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 establish. The judges both of the Supreme and inferior courts shall hold their offices during good behavior, and shall, at stated times, receive for their services a compensation which shall not be diminished during their continuance in office. ' ' Cons, of U. S. Art. Ill, Sect. I. It is imperative upon Congress, under the provisions of the federal Constitution, to provide for the establishment of a Supreme and inferior courts of the United States. 42. The judicial power of the United States, or any part of it, can only be vested in "courts" established by Congress ; such courts to be composed of "judges" to be appointed with such te- nure of office, with reference to such "compensation at stated times, ' ' liability to impeachment, and in such manner , as it is pro- vided in the federal Constitution. Such judges, it seems, can be only nominated, and by and with the advice and consent of the Senate, appointed by the President of the United States, in pursuance of Art. II, Sect. II, 2, of the federal Constitution. Such judges, it seems, are not "such inferior officers," in the sense meant in the last clause of the paragraph of the Constitution just mentioned, whose appointment may be vested, by Congress, "in the President alone, in the courts of law, or in the heads of departments. ' ' 43. What courts of the United States are there, established by Acts of Congress, in pursuance of the Constitution ? The Supreme Court of the United States, Circuit Courts, and District Courts, in general. There are, then, three grades of federal courts ; but for these courts there are only two grades of judges, namely Supreme and District judges. The Supreme judges are the Chief Justice of the United States, and his associates, as judges of the Supreme Court ; and the District Judges are those who hold the District Courts of the United States ; the Circuit Courts being held each by a single Supreme judge assigned to the particular circuit, and the District judge. There are, in general, no other judges of the national government than those of the courts above mentioned ; and no other judicial magistrates or justices of the peace. By a late Act of Congress a Court of Claims was established. In the District of Columbia 180 JUDICIAET OP THE r:NT:TED STATES. [PART I. there is a Circuit Court for the District, consisting of three judges appointed by the President, and there are justices of the peace, ap- pointed in like manner, under the Acts of Congress, also, a judge of the Criminal Court, and a judge of the Orphans Court. 44. The distribution of the judicial authority of the Union amongst the several courts of judicature is in the power of Con- gress to be made at its discretion, except as to the original juris- diction of the Supreme Court in the few cases specified in the Con- stitution. The whole judicial power of the Union ought, in all cases at least in which it is exclusive of the States, to be vested and distri- buted amongst national coui'ts. (j) The jurisdiction of the courts of the United States, in regard to all the cases enumerated in the Constitution, may be extended to them by Congress, when not restricted by the Constitution, in any form in which the judicial power may be exercised ; either in the shape of original or appellate jurisdiction, or both ; and as exclu- sive or concurrent. In all cases where the judicial power of the United States is to be exercised, it is for Congress alone to prescribe the rules of pro- ceeding, to direct the kind of process, and to declare its nature and effect, and the mode in which the judgments of the courts shall be executed. 45. The Senate of the United States, when trying an impeach- ment, acts as a court of justice, and is denominated a " Court for the trial of impeachments ;" but though thus vested with high and peculiar judicial powers, it becomes specially organized for their exercise on extraordinary occasions, and does not belong to the number of the ordinary and permanent courts, and has not been so classed by the Constitution. Judges. / 46. The judges of the cotirts of the United States are appointed by the President, by and with the advice and consent of the Senate. The President shall "nominate, and, by and with the advice and consent of the Senate, appoint judges of the Supreme Court, and all other officers of the United States whose appointment is not herein otherwise provided for, and which shall be established by law." CoJis. ofU. S. Art. II, Sect. II, 2. " See, above, in this chapter, par. 42. Tenure of office. 47. " The judges both of the Supreme and inferior courts shall hold their offices during good behaviour." Cons, of U. S. Art. Ill, Sect. I. [j) See par. 101, in this chapter. CH. IX.] JUDICIARY OF THE UNITED STATES. 181 The judges hold their offices for life, unless removed by impeach- ment. 48. This is what is called their tenure of office. It is designed thereby to secure their independence and impartiality in the dis- charge of their duties. Compensation of the judges. 49. " The judges both of the Supreme and inferior courts shall, at stated times, receive for the^ir services a compensation which shall not be diminished during their continuance in office. " Cons, of U. S. Art. Ill, Sect. I. This provision of the federal Constitution, in regard to the com- pensation of the judges of the United States, is intended further to secure their independence and integrity in the administration of justice. By these provisions in relation to their tenure of office and com- pensation, the judges are rendered thus independent in regard to the other departments of the government, the parties concerned in the cases before them, and the people. 50. " The salaries of judicial officers may, from time to time, be altered, as occasion shall require, yet so as never to lessen the allowance with which any particular judge comes into office in re- spect to him." Federalist. — Story on the Constitution. Where there has been an addition made to a judge's salary, after he came into office, that addition may, in respect to him, be less- ened or taken away by Act of Congress. 51. By Act of Congress, the Chief Justice of the United States eceives as his salary five thousand dollars per annum ; the Asso- ciate Judges of the Supreme Court each four thousand live hundred dollars per annum ; and the District judges each from one to three thousand dollars per annum, according to their locations respect- ively. Impeachmeyit of the judges. 52. Are the judges of the United States liable to impeachment ? ' ' 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 misde- meanors. " Cons, of U. S. Art. II, Sect. IV. See the head " Impeachments," Parti, chap. 3. The Judges are thus made amenable for any corrupt violation of their trust or official misdemeanor ; and, on impeachment and conviction, they may be removed from office, and disqualified for the future from holding any office whatever under the government of the United States. 16 182 JUDICIARY OF THE UNITED STATES. [PART I. Supreme Court of the United States. 53. How is the Supreme Court of the United States organized ? It consists of nine judges ; the Chief Justice of the United States and Associate Judges. It is created by the federal Constitution ; but its organization is under Acts of Congress. The federal Constitution merely declares that there shall be a Supreme Court of the United States, with certain original and appellate jurisdiction ; and it is to be implied from that instrument that the Chief Justice of the United States shall preside in it, with an indefinite number of judges to be associated with him. But by several Acts of Congress it is provided that the Court shall con- sist of the Chief Justice and eight Associate Judges ; any five of whom shall constitute a quorum. 54. It holds but one session annually, commencing on the first Monday of January, at the seat of the general government. The time and places of its session may be determined by Congress. 55. What is its jurisdiction as to extent of territory ? It extends over the whole United States, including the territories thereof and the District of Columbia. 56. Its jurisdiction as to the subject matter thereof, applies, in general, to all the cases enumerated in the federal Constitution, as those to which " the judicial power shall extend." 5*7. Its jurisdiction, as to the manner of exercising it, is both original and appellate, as determined by the Constitution and Acts of Congress. 58. Congress can neither invest the Supreme Court of the United States with original jurisdiction in those cases in which the federal Constitution provides that it shall be appellate, nor in- vest it with ajjjDellate jurisdiction in those cases in which the Con- stitution declares that it shall be original. 59. In what cases has the Supreme Court of the United States original jurisdiction ? " In all cases affecting ambassadors, other public ministers, and consuls, and those in which a State shall be a party, the Supreme Court shall have original jurisdiction. " Cons, of U. S. Art. Ill, Sect. II, 2. 60. The original jurisdiction of the Supreme Court of the Uni- ted States comprehends these cases only; and Congress cannot extend it further. It has been so decided on the principle that the affirmation of a power in specified cases excludes it in all cases not specified. In these specified cases original jurisdiction is not to be confined absolutely to the Supreme Court of the United States, but may be vested, concurrently with it, in the inferior federal courts, by Acts of Cona;ress. CH. IX.] JUDICIARY OF THE UNITED STATES. 183 61. The Supreme Court of the United States has, by Act of Congress, exclusive original jurisdiction in all of the cases above specified ; except in suits by a State against one or more of its citizens, or against citizens of other States, or aliens ; and except, also, in suits brought by ambassadors or other public ministers, or in which a consul or vice-consul shall be a party, (k) In such suits, as those last mentioned and excepted, its jurisdiction is concurrent, either with the other national courts, or with the courts of the several States. It is so provided by Act of Congress. 62. What appellate jurisdiction has this coui't ? " 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 mav determine." Cons of U. S. Art. Ill, Sect. II, 2. 63. It revises, by writ of error or appeal, all final judgments and decrees, in civil actions, of the Circuit Courts of the IJnited States, where the value in controversy exceeds two thousand dollars. It has no appellate jurisdiction in criminal cases ; but in all cases, civil and criminal, where the judges of a Circuit Court of the United States differ in opinion, so as to prevent a decision therein, the point of disagreement shall be certified up to it for determination. 64. Final judgments and decrees of the Circuit Courts of the United States, in cases of admiralty and maritime jurisdiction, and in prize cases, where the matter in dispute exceeds two thousand dollars, may be reviewed on appeal in the Supreme Court of the United States. 65. The exercise of appellate jurisdiction is not limited by the federal Constitution to the Supreme Court of the United States. Congress may ci'eate inferior courts of the United States, in each of which it may vest appellate as well as original jurisdiction. 66. In all cases where a concurrent original jurisdiction is vested by the Constitution in the Supreme Court, it has an appel- late power over the decisions of those courts, upon which Con- gress may confer, in the came cases, concurrent jurisdiction, whether original or appellate. 6T. Has the Supreme Court of the United States appellate jurisdiction in any actions brought in the State courts ? By the Judiciary Act of Congress, the final judgments and decrees of the highest court of law or equity in any State, may be revised by the Supreme Court of the United States on writ of error, in the following classes of cases, viz : (k) ] Kent's Commeutaries, p. 298. 184 JUDICIARY OF THE UNITED STATES. [PART I. Where the validity of a treaty, Act of Congress, or of any authority exercised under the United States, shall be drawn in question, and the decision shall be against it. Where the vaUdity, of a State Constitution, law or authority, shall be drawn m question on the ground of repugnancy to the federal Constitution, treaties or laws, and the decision shall be in its favor. Where the construction of the federal Constitution, or of a treaty, or statute of the United States, or commission held under the same, shall be drawn in question, and the decision shall be against the right or title claimed under the authority thereof. 69. In case of a reversal by the Supreme Court of a judgment of the highest State court, the cause is gewevaWj ?^emanded to that court, with a mandate or command to the State court to conform its judgment to that of the Supreme Court ; or the Supreme Court of the United States may, if the cause has once before been remanded, proceed to a final disposition of it, and award execution accordingly. 70. As the Constitution provides that the federal power of the Union shall extend to all cases arising under the Constitution, laws and treaties of the United States, &c., the appellate power of the federal courts must be extended to the State courts where the latter exercise concurrent jurisdiction in any of these cases. And this must be the case, also, when the State courts incidentally take cognizance of questions under the Constitution, laws, and treaties of the United States, of Avhich the federal courts have exclusive jurisdiction. 11. As the appellate jurisdiction of the Supreme Court of the United States may be extended to all the cases comprized within the judicial power of the general government, it may be applied to the State courts where they entertain jurisdiction over any of these cases. This appellate jurisdiction of the federal couits extends to the State courts in such cases, whether they be criminal prosecutions, or those of a civil controversy. T2. This appellate jurisdiction of the Supreme Court of the United States is required, in order to decide effectively all cases of conflict between the several States, or of collision between the powers claimed by the United States and those claimed by a State. It is also necessary and proper, in order to maintain the supremacy of the Constitution, laws, and treaties of the United States over the Constitutions and laws of the several States, and to preserve uniformity of decision throughout the United States upon all subjects embraced by the federal Constitution. 73. The Supreme Court of the United States is the court of the last resort, in all cases -Rdthin its jurisdiction ; its judgments and decisions being final and conclusive. CH. IX.] JUDICIARY OF THE UNITED STATES. 185 Its decisions, made in the course of the administration of justice, are binding and conclusive upon the other departments of the general government ; and upon the State governments, and their departments severally, and the people. 74. Its decision, so made, is thus binding and conclusive, not only as to the particular case before it, but as to the principles of the decision, which are to be held as precedents and authority, to bind future cases of the same nature. (I) Its decisions, so made, and the principles thereof, are thus bind- ing, on questions as to the constraction of the Constitution of the United States. 75. The Supreme Court of the United States has power to issue prohihitory and mandatory writs, according to the principles and usages of law, to any courts, or persons holding office, under the United States. 76. The Supreme Court of the United States can, then, in the exercise of its jurisdiction, declare an Act of Congress, or a measure or proceeding of any department of the general govern- ment, to be uuconstitutional and void, {t) 77. The Supreme Court of the United States can, then, in the exercise of its jurisdiction, declare a constitutiou, law, or pro- ceeding, of a State, to be void, as contrary to the Constitution and laws of the United States, {l) Circuit Courts of the United States. 78. How are the Circuit Courts of the United States organ- ized ? The Circuit Courts are held, in general, each by one of the judges of the Supreme Court, and the judge of the District Court of the United States for the pai-ticular district. 79. How have judicial districts and circuits been established? By Act of Congress, the United States have been divided into judicial districts, consisting of one State or more, in which a District Court of the United States is held by a district judge ; and into circuits, formed of several districts, in each of which a Circuit Court is held by one of the judges of the Supreme Court and the District Judge. The States of Florida, Texas, Iowa, Wisconsin and California have not been attached respectively to any circuits ; but the Dis- trict courts therein have the jurisdiction of Circuit Courts, and the District judges act as Circuit judges. In the District of Columbia there is a local Circuit Court, for the District only, held by a Chief Justice and two associate judges thereof, specially appointed for the purpose. See, further on, in this chapter, the head. District of Columbia. (I) See cliapt. II, §10. and diapt. IX, § 5-8. 18* 186 JUDICIAEY or THE UNITED STATES. [PART I. 80. What is the jurisdiction of the Circuit Courts ? They have original jurisdiction, concurrent with the courts of the several States, of all civil suits, at law and equity, when the value in dispute exceeds five hundred dollars, and the United States are plaintiffs ; or one party is an alien ; or the suit is between a citizen of the State where it is brought and a citizen of another State ; or against a citizen of the same State, claiming lands under a grant from another State. Suits, in such cases, com- _ menced in the State courts, may, at the instance of the defendant, be removed into the Circuit Courts. They also have original jurisdiction of all suits involving copy rights and patents ; and of all crimes punishable under the federal authority. The criminal jurisdiction is final unless there is a disagreement between the judges on a point of law, which is to be certified to the Supreme Court for decision. The Circuit Court has ajopellate jurisdiction from the District Court by writ of error or appeal, in the foUo^^dng cases ; first, in civil actions at law, where the value in dispute exceeds fifty dollars, by writ of error ; and, secondly, in admiralty cases, where the value in dispute exceeds three hundred dollars, by appeal. It has no appellate jurisdiction in cases of equity, or in criminal cases. In the cases of appellate jurisdiction in the Circuit Court, if the judges differ, the opinion of the judge of the Supreme Court prevails, as the cases cannot be certified into the Supreme Court. 81. The Circuit Court of the United States in each circuit sits in four different capacities : 1st, as a court of common law ; 2nd, as a court of equity or chancery ; 3rd, as a maritime court, that is, a court trying matters relating to affairs on the high se^s ; 4th, as a court for the punishment of crimes against the laws of the United States. 82. It is the court of the highest power, in criminal cases, under the laws of the United States. It has power to try all offences punishable with death, under these laws ; as murder, in forts, arsenals, and places ceded to the United States for national purposes, and on board of ships of war, in time of peace, and when not within the body of a county, or a harbor ; and piracy. All crimes and offences prohibited by the laws of the United States are tried and punished in this court, except some of an inferior grade, which are tried in the District Court of the United States. In criminal cases it proceeds by a grand and petit jury. 83. An alien has his election to sue in the Circuit Court of the United States or in a State court. A citizen may sue an alien, or a citizen of another State, in either the Circuit Court or a State court. Such citizen or alien, a defendant in a suit commenced in a State court, may have it removed to the Circuit Court of the United States. CH. IX.] JUDICIARY OF THE UNITED STATES. 187 District Courts of the United States. 84. How are the District Coui'ts of the United States organ- ized ? They are held in the judicial districts respectively, by a district judge appointed for each district. 85. How have the judicial districts been established ? The United States have been divided, by Act of Congress, into districts, consisting of a State, or ten'itory, or part thereof, for the purposes of the administration of justice and the execution of the laws. 86. The District Courts of the United States have jurisdiction of the following cases, viz : first, by exclusive original cognizance, of all civil cases, of admiralty and maritime jurisdiction ; secondly, of all seizures, penalties, and forfeitures, under the laws of the United States ; thirdly, concurrently with the Circuit Courts of the United States, and the State courts, of all injuries by tort in violation of the law of nations, or of a treaty of the United States, when an alien sues ; fourthly, concurrently with the Circuit Court of the United States and the State courts, of suits brought by the United States, when the value in dispute does not exceed one hun- dred dollars ; fifthly, exclusively of the State courts, of suits against Consuls, Vice Consuls, suits to repeal patents and concerning captures; sixthly, of crimes and offences, cognizable under the authority of the United States, where the punishment does not exceed a fine of five hundred dollars, or imprisonment for six months. 87. This court has jurisdiction of suits and cases under the laws made for the collection of customs and duties ; also of suits on contracts for seamen's wages. In some cases it exercises its jurisdiction as a court of equity or chancery ; in cases at common law, it proceeds according to the course thereof, and by jury trial ; and in criminal cases by a grand and petit jury. Courts in the Territories of the United States. 88. What courts are there in the territories of the United States ? There is a District Court of the United States in each organized territory, held by a District Judge, who is appointed by the Presi- dent of the United States, by and with the advice and consent of the Senate of United States. There are also in these territorial governments courts established by their local laws, and judges and justices of the peace, appointed by their local authorities See, above. Part, I, chapt. I, head Territorial Governments. There is in each territory, in general, a Circuit Court consisting of a Chief Justice and two associate judges. 288 JUDICIARY OF THE UNITED STATES. [PAET 1. Courts in the District of Columbia. 89. There is a Court for the District of Columbia, established by Act of Congress, under the federal Constitution, called the Cir- cuit Court of the District, consisting of a Chief Justice and two associate judges, appointed by the President of the United States ; and there are, also, a District Court held by one judge, a judge of the Orphans Court, a register of wills, and justices of the peace, who are appointed in like manner. It is provided by the laws of the United States, that the said Circuit Court shall have cognizance of all crimes and offences com- mitted within the said district, and of all cases of law and equity between parties both or either of which shall be found resident within the said district ; and also of all actions and suits of a civil nature at common law or equity, in which the United States shall be plaintiff's or complainants ; and of all seizures on land or water, and of all penalties and forfeitures made, arising or accruing under the laws of the United States ; the judgments, orders and decrees of the Court being examinable, in the cases and manner provided, before the Supreme Court of the United States, by writ of error, or appeal, (o) The power of Congress to legislate over the District, and the nature of the government thereof, have been made the subject of notice in another part of this work, (p) Court of Claims. 90. In the year 1855 there was a court established by Act of Congress, to be called the Court of Claims, to consist of three judges, appointed by the President, with the advice and consent of the Senate, and to hold their offices during good behavior. It is vested with jurisdiction to hear and determine all claims against the United States founded upon any Act of Congress, regulation of an executive department, or any contract, express or implied, with the government of the United States, which claims may be suggest- ed to the Court by a petition filed therein ; and also all claims which may be referred to the Court by either House of Congress. The Act provides that there shall be an officer called the Solici- tor of the United States, to be appointed by the President, with the advice and consent of the Senate, to represent the government in such cases before the Court. The Act directs that the Court shall report to Congress at the commencement of each session thereof, and at the beginning of each month during such session, the cases upon which the Court (o) Act of Congress of Feb. 27, 1801. (■p) See " Congress of the United States," above, chap. III., and chap. L, bead " District of Columbia." CH. IX.] JUDICIARY OF THE UNITED STATES, 189 has finally acted, stating the material facts in each case which it finds established by the evidence, with their opinion thereon, and the reasons therefor, and presenting, with the report, when the case has been determined in faror of the claim, a bill of Congress for carrying the decision into effect ; the reports, together with the proposed bills, to be acted on by Congress in the usual manner. If a case be determined by the Court adversely to the claim, and the decision be confirmed by Congress, it is made conclusive, except that, for sufficient reason, in the course of law, the Court may grant a new trial. Officers of the federal courts. 91. The principal officers of the courts of the United States are attorneys and counsellors at law, solicitors and commissioners, clerks and marehals. 92. The attorneys and couuselloi's at law are persons learned iu the law, admitted by the courts, according to their rules, to assist parties in their pleadings, and in the conduct of their causes. They are officers of the courts, entitled to certain privileges, and subject to be suspended from practice, and to other punishment, for mis- behaviour in office. Attorney General of the United States. 93. The Attorney General of the IJnited States is appointed by the President of the United States, by and with the advice and consent of the Senate. It is his duty, in general, to prosecute and conduct all suits iu the Snpreme Court of the United States in which the United States are concerned ; and to give his advice and council on questions of law, when required by the President, or heads of departments. District Attorneys of the United States. 94. They are attorneys at law for the United States, appointed by the President, by and with the consent of the Senate, one for each judicial district, to prosecute indictments and charges against all delinquents for crimes and offences cognizable under the author- ity of the United States, and to act for the United States in all civil suits in which they are concerned. Commissioners. 95. By Acts of Congress the Circuit Courts of the United States are respectively authorized to appoint Commissioners, who are to hold their appointments at the will of the courts, with authority to take recognizances of bail, which may be justified before them ; to take depositions of witnesses, and perform like services, in suits 190 JUDICTARY OF THE UNITED STATES. [PART I. and prosecutions before those courts, in pursuance of the rules and orders thereof, and their acts and proceedings being, for the most part, subject to the revision of the courts. By the Act of Con- gress of 1850, "for the recovery of fugitives from labor, &c.," very important powers and jurisdiction are conferred upon such a commissioner. The provisions of the Act are stated in that part of this work which relates to fugitives from labor, (q) Marshals, 96. Marshals of the United States are appointed, one for each judicial district, by the President, by and with the advice and con- sent of the Senate, for the term of four years ; removable at the pleasure of tne President. 97. In general, their duties and powers are analogous to those of sheriffs in the several States. It is their duty to attend the Dis- trict and Circuit Courts of the United States in their districts re- spectively, and to execute within their districts all writs, precepts, process, sentences and judgments of the courts of the United States. There are various special duties assigned them by law. 98. The marshals are generally assigned to take the census of the United States, as directed by Congress. They may appoint deputies, at their pleasure, and remove them in like manner ; being responsible for their official acts. They generally appoint a deputy for each county in their districts re- spectively. The deputy marshals are, also, by Act of Congress, removable at the pleasure of the Circuit or District Courts. Gaols and prisons, 99. How may the marshals of the United States secure and confine persons arrested by them, or committed to their charge ? They are directed, by Act of Congress, to deliver their prisoners to the keepers of one of the gaols of the State, where the Legisla- ture thereof has made it the duty of the gaoler to receive them ; but otherwise the marshal may, under the direction of the district judge, provide his own place of custody. In general, the United States have not court houses ; but the federal courts are held in those of the States respectively : and there are no gaols or penitentiaries belonging to the Union, but the prisons of the States severally are used in the judicial proceed- ings of the federal courts for the confinement and punishment of prisoners and convicts, with the consent of the State legislatures respectively. (q) Seo above, Chapter V, § 21. J CII. IX.] JUDICIARY OF THE UNITED STATES. 191 Jurisdiction of State courts and magistrates under Acts of Con- gress. 101. The State courts and magistrates have been vested, by various Acts of Congress, with jurisdiction and powers in prose- cutions, suits and proceedings under Acts of Congress. 102. They are not, however, obliged, nor can they be compelled, by the Acts of Congress, to exercis'e such jurisdiction or powers. They may do so, when authorized by the laws of the State, but cannot be compelled by Act of Congress. 103. By Act of Congress, "for any crime or offence against the United States the offender may be arrested, imprisoned or bailed, (as the case may be) by any justice of the peace, or other State magistrate," for trial before the proper court of the United States; the bail, where the punishment may be death, to be admitted by a United States or State judge, as directed by the Act of Congress, (r ) (r) Act of Congress of 24th of September, 1789. OUR GOVERNMENT PART THE SECOND. Of the Governments of the several States, CHAPTER I. OF THE GOVERNMENTS OP THE SEVERAL STATES. 1. These States are to be considered as having severally gov- ernments within themselves, and as standing, in respect to their governments and their people, in certain relations to the general government, and to every other State of the Union. Each State has a government of its own, in the form and powers thereof consistent with the provisions of the federal Constitution. 2. The nature, in general, of the government of the Union, and of the governments of the several States, in respect to their mutual relations, is here to be kept in view. The federal government is that of the people of the United States as a nation, for national purposes ; and the several States have separate governments, for all other matters relating to them respectively, (a) In our general republic, there are combined the system of the federal government and those of the governments of the several States, all fitted to operate harmoniously in their proper spheres, for a common end. "In the compound republic of America, the powers surrendered by the people are first divided between two distinct governments, and then the portion allotted to each subdivided among distinct and (a) As to the relation between the general and State governments, and the powers of each, see Part the First, chap. I. 192 CH. I.] GOVERNMENTS OF THE SEVERAL STATES. 193 separate departments. Hence a double security arises to tlie rights of the people. The different governments will control each other ; at the same time that each will be controlled by itself. "(6) Each citizen, then, owes obedience both to the general goyern- ment, and to the government of his State. 3. The form of government of each State is that of a repre- sentative democracy ; each State being a republic. It is, in some cases, expressed in the Constitution of a State that there was thereby formed and established a free and independent republic, by the name specified. The federal Constitution provides that each State shall have a republican form of government. ' ' The United States shall guarantee to every State in this Union a republican form of government. '' Cons, of U. S. Art. IV, Sect. IV. 4. The general principle upon which the governments of the several States are founded is, that the supreme power is in the people ; and that they have a right to establish a government, and make laws for themselves, as they see proper, (c) 5. The general pi'inciple as to the ends of all governments is, that government is instituted for the common good ; for the safety and happiness of the whole community, (c) 6. The principle of representation, according to which the people exercise their supreme power by their representatives or delegates, is adopted and carried out in these governments. Their Constitutions were so formed, and their political and civil affairs are thus conducted, {d) All power being derived from the people, all magistrates, offi- cers of government, and persons vested with civil authority, aro the substitutes and agents of the people, and at all times accountable to them. 7. As to the time when the several States became free and independent, those that originally formed the Union, having been colonies of Great Britain, became free and independent by their Declaration of Independence on the fourth day of July 1776 : And the other States were admitted into the Union as such, under the federal Constitution. 8. Each State has a written Constitution of government. Its government was established by the people thereof, forming a written Constitution for their government. (/) (b) The Federalist, No. 4. (c) See the next following chapter. (c?j It is so in theory, and in general; any deviations from the principle, in constitutional structure, or in practical administration, this is not the place to notice, otherwise than as they are shown, in order, under the par- ticular subsequent heads. (f) See Part T, chapt. I, par. — p. 18. n 194 GOVERNMENTS OF THE SEVERAL STATES. [PART H. 9. The several States, and the people thereof, hold certain relations to the Union. The people of the TJuited States, as individuals, form the TJnion; and each State, in its collective capacity, is represented in the federal government and recognized and regarded as such, and its agency employed for many purposes, under the federal Constitution and laws. In this view it is to be considered that the people of each State have parted with a portion of their supreme power to the TJnion, by the federal Constitution, for the benefit of the common govern- ment. The powers which the people of the several States parted with to the Ilnion, so that they cannot exercise them in the State gov- ernments, ai'e all the "powers delegated to the United States" and vested in them exclusively, or that may be exercised by them exclusively; or "prohibited to the States severally;" by the federal Constitution. 10. All the " powers not delegated to the United States, nor prohibited to the States" severally, by the federal Constitution, are reserved to the people of the several States. They remain, as it regards the Union, as the original powers and rights of the people, to be exercised by them, at their discretion, in the forma- tion of their State governments and in the enactment of their laws, (g) The States, or the people thereof, do not derive their powers from the Constitution of the Union, but by their own inherent reserved right can act on all subjects which have not been delegated to the federal government, or prohibited to the States. The gov- ernment of the United States can claim no powers which are not granted to it by the Constitution ; and the powers, actually granted, must be such as are expressly given, or given by necessary implica- tion. The powers retained by the States proceed from the people of the several States, and remain, after the adoption of the Con- stitution, what they were before, except so far as they may be abridged or restricted by that instrument. The colonies by the dissolution of their connection with Great Britain became sovereign and independent States ; the people thereof sovereign and independent ; having exclusive supreme power of government ; the States and the people thereof being considered either collectively or severally, or in both respects, as political communities. In the federal Constitution the people of the States, for the purposes therein declared, by their grant to the general government, by stipulation in reference to the States mutually, and by prohibition and restriction upon all the States, (g) See Part I, chapt. Ill, par. 9, 75, and chapt. II, par. 9-10. en. II.] GOVERNMENTS OF THE SEVERAL STATES. 195 parted with and relinquished certain enumerated portions of that sovereignty and supremacy ; impliedly retaining all other portions thereof; but expressly providing, for the sake of security, that all such other portions of power ' ' are reserved to the States respect- ively, or to the people." (c.) 11. The people of any State cannot confer upon its govern- ment powers prohibited to the several States by the federal Con- stitution. All acts of the people or government of any State, and laws passed by them, which are contrary to the provisions of the federal Constitution, or the laws of Congress in pursuance thereof, are un- constitutional and void. The federal Constitution, and the laws of Congress passed in pursuance thereof, are the supreme laws of the land, and any law contrary thereto is unconstitutional and void. 12. A State cannot, either by a constitutional law, or by an Act of ordinary legislation, declare void a law of the United States, constitutionally passed, or suspend its operation within the territorial jurisdiction of the State. (/() 13. The people of the several States have, by the federal Con- stitution, entered into certain obligations and parted with particu- lar rights to each other, in regard to their municipal laws and internal regulations respectively. ' ' Full faith and credit shall be given in each State to the public acts, records and judicial proceedings of every other State. ' ' Cons, of U. S. Art. IV, Sect. I. The citizens of each State are entitled to all privileges and im- munities of citizens in the several States. Cons, of U. S. Art. IV, Sect. II, 1. Fugitives from justice, or from labor, escaping into other States, are to be delivered up. Cons, of U. S. Art. IV, Sect. II, 2, 3. The States cannot enter into any treaty, alliance or confedera- tion ; or into any agreement or compact with each other, without the consent of Congress ; or adopt commercial regulations with respect to each other. Cons, of U. S. Art. I, Sect. X, 1, 2. As to these subjects, see the proper heads, in Part the First, of this work. 12. What are the objects, in general, of the federal govern- ment and of the several State governments, respectively ? The object of the federal government is to unite the people of all the United States into one nation, for national purposes ; and that of the several State governments, to regulate their local and municipal affairs. (c) See note I, in the Appendix. (h) See Part I, chap. VII, par. 9 75 ; and chap. II, par. 9-10. 196 GOVERNMENTS OF THE SEVERAL STATES. [PART n "These States are constituent parts of the United States They are members of one great empire, for some purposes sov- ereign, for some purposes subordinate." ' ' For all national purposes the States and the citizens thereof are one ; united under the same authority and governed by the same laws. In all other respects the States are necessarily foreign to, and independent of each other. ' ' ' ' They form a confederate government ; yet the several States retain their individual sovereignty, and with respect to their muni- cipal regulations are to each other sovereign. " ' ' The national and State systems are to be regarded as one whole. In America the powers of sovereignty are divided between the general government and those of the States. They are each sovereign with respect to the objects committed to it ; and neither sovereign with respect to the objects committed to the other. "(^) " The powers of the States depend on their own Constitutions; the people of every State had the right to modify and restrain them according to their own views of policy or principle ; and they remain unaltered and unimpaired, except so far as they were gTanted to the government of the United States, or prohibited and re- stricted, by the Constitution. This has been positively recognized by the tenth amendment to the federal Constitution." " The powers retained by the States proceed not from the people of America, but from the people of the several States, and remain after the adoption of the Constitution what they were before, except so far as they may be abridged by that instrument." In our system the legislature of a State is supreme in the exercise of the powers conferred by its own Constitution ; in all cases where its action is not restrained by the Constitution of the United States, {j) " The jurisdiction of a State is co-extensive with its temtory, and co-extensive with its legislative power; " and subject to the powers granted by the federal Constitution, it adheres to the ter- ritory as a portion of power not given away. ' ' The sovereignty of a State extends to every thing which exists by its own authority, or is introduced by its permission, {k) 15. No State can secede at its pleasure from the Union. No State nor any number of States less than three-fourths, can, by virtue of any right reserved in the federal Constitution, secede at (i) 6 Wheaton's Rep. 414, 2 Peters' ReiL 590, 10 Peters' Rep. 579, 12 Wheat. Rep. 334. 6 Wheat, Rep. 419. 4 Wheat. Rep. 410. Baldwin's Cons. Views, p. 14. (j) 1 Wheaton's Rep. 325. 4 Wheat. Rep. 193. 5 Wlieat. Rep. 17, 54. 9 Wheat. Rep. 203, 9. 12 Wheat. Rep. 347. Baldwin's Cons. Views, 14. (k) 3 Wheat. Rep. 387, 389 : 6 Id. 429 ; 4 Peters' Rep. 564; Baldw. Cons, Views, p. 14. CH. I.] GOVERNMENTS OF THE SEVERAL STATES. 197 pleasure from the Union. The federal Constitution may be amended by three-fourths of the States, as provided in it.(Z) 16. The several States are, therefore, not to be considered as foreign to each other. They are parts of the same nation. 11. No State, then, is completely sovereign. A State is not so, in reference to the Union and the federal government. Each State is, however, sovereign and independent in the exercise of its ]iowers consistently with the provisions of the Constitution of the United States. 18. Each State has formed a written Constitution of government, which is in accordance with the federal Constitution. There is much similarity between these Constitutions of the several States, in regard to the structure of their particular governments, and to the nature of their general provisions, f 19. A marked feature in the Constitutions of the States respect- ively is the separation of the legislative, executive and judicial departments of the governments, which characterizes so strongly the structure of our general government. They also resemble the federal Constitution, with respect to many important principles and provisions. 20. The provisions of the Constitution of each State may be classed under the following heads, namely ; first, those which relate to the organization of the legislative department ; secondly, those which relate to the organization of the executive department ; thirdly, those which i-elate to the organization of the judicial department ; fourthly, those which define and limit the powers delegated, and the powers reserved. 21. The government of each State is, then, one of limited ]iowers. Its powers are limited by the federal Constitution, and, as is generally the case, by the provisions of the Constitution of the State. 22. In a State Constitution, the power of government is granted in general terms ; and it is limited by specific limitations or pro- hibitions. It is a rule of construction, therefore, as to the powers of the government of a State under its Constitution, that the grant of power is general, and the prohibition special ; or that all powers are to be considered as conferred, which are not expressly or in- cidentally prohibited. This is the reverse of the theory of the federal Constitution, (m) 23. There are powers which may be exercised concurrently by the general government and the several State governments ; which are, therefore, ■ called concurrent powers. (?i) (/} See Part I, cliap. I. f See next following, cliap, §3. Cffi) See Part I, chap. IL (n) See Part, I, chap. L 198 0OVERNMENTS OF THE SEVERAL STATES. [PART II. 24. The powers of government are generally distributed, in each State, among three departments, the legislative depart- ment, the executive depariment, and the judiciary department. In some of the State Constitutions this division of the powers of government is formally and positively expressed. ' ' The powers of the governnent shall be divided into three dis- tict departments ; the legislative, the executive and judicial. ' ' No person or persons belonging to one of these departments shall exercise any of the powers properly belonging to either of the others, except in cases herein directed or permitted." Cons. of Tennssee, Maine, California. " The legislative, executive and judicial departments of govern- ment shall be distinct, and each department shall be confided to a separate body of magistracy ; and no person or collection of persons, being of one these departments, shall exercise any power properly attached to either of the others, except in the instances herein expressly permitted. " Cons, of Georgia. The Constitutions of Kentucky Indiana, Louisiana, Mississippi, are similar in this re- spect. " In the government of this State, the three essential powere thereof, to wit, the legislative, executive and judicial, ought to be kept as separate from, and independent of, each other as the nature of a free government will admit, or as is consistent with that chain of connexion that binds the whole fabric of the constitution in one indissoluble bond of unity and amity." Cons, of New Hamp- shire. 25. It is the peculiar policy of our general and State govern- ments, that the departments of government in each are distinct and independent of each other. 26. These departments are co-ordinate branches of govern- ment, with separate powers and duties, in the exercise of which they act independently of each other. 27. By the distribution of the powers of government among these departments, each is constituted, in its proper sphere, the immediate and co-equal representative of the people of the State, as the direct source of its authority, and the sole ultimate deposi- tory of the supreme power. 28. Any questions as to the powers of g^ovemment and the constitutionality of laws are to be finally determined, in each State, by the judiciary thereof; there being an appeal from the court of the last resort of the State to the Supreme Court of the United States, in cases involving the construction of the federal Constitu- tion or the laws or treaties of the United States, (o) Co) Part I., cli. II ; Part 11. , ch. VL CH. I.] GOVERNMENTS OF THE SEVERAL STATES. 199 Alteration or amendment of a State Constitution. 29. The people of each State have a right to alter its form of government and its Constitution. It ia a principle implied in the nature of its political institutions, and expressly recognized by its Constitution. " The United States shall guarantee to every State in this Union a republican form of government." Cons, of U. S. A7i. lY Sect. 14. In most of the States, their Constitutions respectively contain provisions prescribing the mode in which they may be altered or amended. The methods thus provided for this purpose are various in the different States. In general, a State Constitution provides that it may be altered and amended by the joint action of the Legislature and a conven- tion of the people ; the Legislature being authorized, whenever they may agree, by a majority, or two-thirds of all the members elected, at two successive sessions, on any specific alterations or amendments to be proposed, to submit them to the people, in such manner and at such time, as the Legislature shall prescribe, for their adoption or rejection. " Any amendment or amendments to this Constitution maybe proposed in the Senate or Assembly ; and if the same shall be agreed to by a majority of the members elected to each of the two Houses, such proposed amendment or amendments, shall be entered on their journals, with the yeas and nays taken thereon, and refer- red to the Legislature then next to be chosen, and shall be pub- lished, for three months previous to the time of making such choice ; and if in the Legislature next chosen as aforesaid, such proposed amendment or amendments shall be agreed to by two- thirds of all the members elected to each House, then it shall be the duty of the Legislature to submit such proposed amendment or amendments, to the people, in such manner, and at such time, as the Legislature shall prescribe ; and if the people shall approve and ratify such amendment, or amendments, by a majority of the electors qualified to vote for members of the Legislature voting thereon, such amendment or amendments shall become part of this Constitution." Cons, of New York, 1821. According to this method, the amendments are submitted either to the people for their votes directly thereon, or to conventions of delegates chosen by the people for the purpose. In some States, it is constitutionally provided that the Legisla- ture of the State may at any time pass a law for taking the sense of the people on the subject of calling a convention of the people to revise the Constitution. In Alabama the Legislature, two-thirds of its members elected 200 GOVERNMENTS OF TEE SEVERAL STATES. [PART H. agreeing thereto, may propose amendments to be voted upon directly by the people, and if agreed to by a majority of all the citizens of the State, and afterwards ratified by two-thirds of the Legislature, they shall be valid as parts of the Constitution of the State." In Indiana, its Constitution provides that " every twelfth year, at the general election, the votes of the people shall be taken as to whether they are in favor of calling a convention or not ; and if a majority of all the votes given shall be in favor of calling a con- vention, the Legislature shall provide by law for calling a conven- tion, which shall have it in power to revise, amend or change the Constitution. ' ' In some States, it is provided by their Constitutions that such amendments shall not be proposed, or conventions held, oftener than once -ndthin certain periods of time. In Xew Hampshire, its Constitution provides that the sense of the people as to a revision of the Constitution, and calling a con- vention for that purpose, shall be taken, in the method prescribed, at the expiration of every seven years. Where conventions are thus called, in pursuance of constitutional provisions ; in some instances, they can act only on the particular amendments proposed by the Legislature ; in other cases, they have in their power the subject of revision and amendment gen- erally. In the State of Vermont, there is a particular arrangement in its system of government, designed to prevent infractions of the Constitution, to adapt it to the emergencies of the times, and secure its permanence. The Constitution of the State provides that there shall be elected by the people every seven years a council of censors, composed of persons not connected with the legislative or ex- ecutive departments of the government, to exercise their powers for one year, " whose duty it shall be to inquire, whether the Con- stitution has been preserved inviolate in every part during the last septenary, including the year of their service, and whether the leg- islative and executive branches of government have performed their duty, as guardians of the people, or assumed to themselves, or exercised other or greater powers than they are entitled to bv the Constitution. They are also to inquire, whether the public taxes have been justly laid and collected in all parts of the com- monwealth ; in what manner the public monies have been disposed of; and whether the laws have been duly executed. For these purposes they shall have power to send for persons, papers and records ; they' shall have authority to pass public censures, to order impeachments, and to recommend to the Legislature the re- pealing of such laws as shall appear to them to have been passed contrary to the principles of the Constitution. The said council CH. I.] GOVERNMENTS OF THE SEVERAL STATES. 201 of censors shall also have power to call a convention, to meet within two years after their sitting, if there appears to them an absolute necessity of amending any article of this Constitution, which may be defective ; explaining such as may be thought not clearly expressed ; and of adding such as are necessary for the preservation of the rights and happiness of the people : but the articles to be amended, and the amendments to be proposed, and such articles as are proposed to be added or abolished, shall be promulgated at least six months before the day appointed for the election of such convention, for the previous consideration of the people, that they may have an opportunity of instructing their delegates on the subject." Cons, of Vermont, 0/ 1793. In some States, their Constitutions respectively provide that amendments thereto may be finally adopted and made by the Leg- islature, being passed at two successive sessions thereof, with cer- tain forms, and by majorities, in some instances of two-thirds, in others of three-fourths, of all the members elected to each House, the amendments having been published, after their passage at the first session, for a prescribed time before the second session. It is so in Maryland, Delaware, Missouri. The Constitution of Virginia, recognizes in its Declaration of Rights "that a majority of the community hath an indubitable, unalienable and indefeasible right to reform, alter or abolish" the government, ' ' in such manner as shall be judged most conducive to the public weal, ' ' but contains no provision in regard to the mode of amending it. It is an admitted principle, that, independently of any constitu- tional declaration or provision, the people of a State, or a majority thereof, have a right to abolish, alter or amend its government and Constitution, by their clearly expressed will, made certain at any time or in any manner. The subject of amendments to the Constitution of a State is also noticed, and, in some respects more particularly, in treating of the duties and powers of the State Legislatures, {p) The original Constitutions of many of the States have been revised and amended. The amendments have, generally, been such as to place additional restrictions on those exercising the powers of government, to extend the right of suffrage, to increase the number of officers elegible directly by the people, and to operate in favor of popular rights. (p) See, further on, chap. IV. CHAPTER II. OF THE MUNICIPAL LAW, IN GENERAL, OP THE SEVERAL STATES 1. Municipal law is the rule by which particular nations, com- munities or districts, are governed. It is otherwise defined to be a rule of civil conduct prescribed by the supreme power in a State. It is divided into written or unwritten law — or statute or common law. 2. The wi'itten law, as generally defined, is the express written will of the legislature, rendered authentic by certain prescribed forms and ceremonies. It is the written will of the people of the nation or State, as an authoritative rule of action, formally declared through its representatives. The wi'itten law in this country consists of constitutions, treaties and statutes. The written law in a particular State includes the Constitution of the United States, the Constitution of the State, the Acts of Congress, and the Acts of the Legislature of the State. 3. A Constitution of a State or nation is the written declaration of the will of the people, defining the form and powers of govern- ment, (a) The federal Constitution is the declaration of the sove- reign will of the people of the United States, uniting the people of the United States into one nation, for all national purposes ;(o) and the Constitution of each of the States is the declaration of the sove- reign will of a portion of the same people, uniting for municipal purposes, and constituting a State. (6) " The true view to be taken of our State Constitutions is, that they are forms of government, ordained and established by the people in their original and sovereign capacity, to promote their own happiness, and permanently secure their rights, property, in- dependence, and common welfare. The language of nearly every one of the State Constitutions is, that the people do ordain and establish this Constitution; and where . these terms are not expressly used, they are necessarily implied in the very substance of the frame of government. They may be deemed compacts, in the sense of their being founded on the volun- taiy consent or agreement of a majority of the qualified voters of (a) See Part tlie First, oliap. i. ii. &c. as to this definitiou, and the Con- stitution of tlie United States. (6) See Part the Second, chap. i. 202 CH. n.] LAWS OF THE SEVERAL STATES. 203 the State. But they are not treated as contracts and conventions I)etween independent individuals and communities, having no com- mon umpire. In general the import is, that the people ordain and establish, that is, in their sovereign capacity meet and declare, what shall be the fundamental Law for the government of them- selves and their posterity. The constitution of a State is, then, to be treated as a fundamental laio, and not as a mere contract of \,overnraent during the good pleasure of all the persons who were originally bound by it, or assented to it. A Constitution is, in fact, a fundamental law, or basis of government, and falls strictly within the definition of law. A State Constitution is no further to be deemed a compact than that it is a matter of consent by the people, binding them to obedi- ence to its requisitions ; and its proper character is that of a fun- damental law, presci'ibed by the will of the majority of the people of the State, (who are entitled to prescribe it, ) for the government and regulation of the whole people." 1 Story on the Gons. p. 306—311 4. A treaty is commonly defined to be a solemn written compact, entered into between two independent nations, to regulate their intercourse. The power to make treaties is vested, in this country, in the President of the United States, with the concurrence of two-thirds of the Senate, (a) Treaties duly made are declared by the federal Constitution, to be "the supreme law of the land." They may, therefore, be called a part of the written law. 5. A statute is a law duly enacted by the Legislature of a State or nation. Acts of Congress and the laws passed by the State Legislatures respectively, are statutes. 6. Statutes are either lyuhlic or pynvate. A public statute is an universal rule or law that regards the whole community; private statutes operate upon particular persons or associations. Statutes are sometimes local, Ijeing limited in their operation to certain counties, townships, boi'oughs, or places in a State. t. A statute begins to take effect from its date, at the time of its passage, and finally becoming a law, unless it is otherwise pro- vided by the Constitution of the State, the statute itself, or by law. When a bill passed by a State Legislature is approved and signed by the GoTernor of the State ; or, being disapproved by him, is reconsidered and passed by the Legislature constitutionally ; or, where an Act is passed by a State Legislature, the approval thereof by the governor not being necessary ; such bill or Act becomes a law at the time of its being so approved and signed, or finally passed, respectively, which is its date, to take effect immediately, (a) See Part I, cliap, VIIL 32. 204 LAWS or THE SEVERAL STATES, [PART 11. unless it be directed to the contrary, by the State Constitution, in the Act, or by law. In some of the States, it is the law that Acts of Assembly, or statutes, shall not begin to take effect until a certain time after their passage, except where a particular Act provides differently. ' ' No law of a general nature shall, unless it be otherwise provi- ded, be enforced until sixty days after the passage thereof. " Cons, of Mississippi. ' ' No Act of the General Assembly shall be in force until it shall have been published in print, unless in cases of emergency. " Cons, of Indiana. ' ' No general law shall be in force until published. ' ' Gons. of California. 8. Where statutes, in a State, are repugnant to each other in their provisions, the rule is, that the latest statute prevails ; and it is considered as repealing any prior statute so far as the provisions thereof are contrary to it. 9. It is a general principle of law, that when a statute which repealed another statute is itself repealed, that the other statute is thereby revived. In some States a different rule is established by a general statutory provision. 10. An Act of Congress, or a law of any of the States, may be adjudged to be unconstitutional and void. An Act of Congress maybe adjudged void, for being contrary to the federal Constitution ; and a law of a State for being contrary to the federal Constitution, or to an Act of Congress in pursuance thereof, or to the State Constitution ; by the proper courts of jus- tice, in the due administration of the laws, (c) It is more proper to say that such an Act or law may, for the reasons mentioned, be treated as null and void, and therefore disregarded, by a court of justice, in deciding matters within its jurisdiction and properly before it. 11. What is unioritten or common law ? "The common law includes those principles, usages and rules of action, applicable to the government and security of person and property, which do not rest for their authority upon any express or positive declaration of the will of the legislature. ' ' 1 Kent's Com- Tnentai'ies on American Law, p. 448, 470. ' ' Those parts of the law which, in England and here, are called unwritten, are so styled because their original institution and authority are not set down in writing, as Acts of Parliament or -of the State legislature are ; but they receive their binding force, and the power of laws, by long and immemorial usage, and universal reception : and the monuments and evidence of this common law (c) As to the constitutionality of statutes, see Part the First, chap, i, ii, aiid chap, iii, head " Acts of Congress." CH. n.] LAWS OF THE SETERAL STATES, 205 are contained in the records of the several courts of jnstice, m books of reports and judicial decisions, and in the treatises of learned sages of the profession, handed down to us from the highest anti- quity. " 1 Black. Comm. p. 63, 1 Pennsylvania Black, p. 34, " The common law, as far as it is applicable to our institutions and government, has been recogniz^ed and adopted as one entire system by the Constitutions of Massachusetts, New York, jPfew Jer- sey and Maryland. It has been assumed by the courts of justice, or declared by statute, with the like modifications, as the law of the land, in every State. It was imported by our colonial ancestors, and was sanctioned by royal charter and colonial statutes. It is also the established doctrine that English statutes, passed before the emigration of our ancestors, and applicable to our situation, constitute a part of the common law of the country." 1 KenVs Comm. p. 472. ' ' We have not under our federal government any common law considered as a source of jurisdiction ; while, on the other hand, the common law, considered merely as the means or instrument of exercising the jurisdiction conferred by the Constitution and laws of the Union, does exist, and forms a safe and beneficial system of national jurisprudence. Though the judiciary of the United States cannot take cogni- zance of offences at common law, unless they have jurisdiction over the person or subject matter given them by the Constitution or laws made in pursuance of it ; yet, when the jurisdiction is once granted, the common law, under the correction of the Constitution and sta- tutes of the United States, would seem to be a necessary guide in all cases, civil and criminal, not specially provided for by statute." 1 Kenfs Comm. p. 448. In some of the States, as in Ohio, the courts have no common Jiw jurisdiction of crimes ; and they cannot treat an act as an of- fence, until the legislature has declared it to be such, and fixed the punishment therefor. 12. The common law was the basis of the civil institutions of the colonies ; it was their scheme of jurisprudence, with only local exceptions suited to the condition of the colonists ; and it continued to be so after the colonies became States. '* At the adoption of the Constitution, there were no States in this Union, the basis of whose jurisprudence was not essentially that of the common law in its widest meaning ; and probably no States were contemplated in which it would not exist, "(a) It is recognized, in our federal jurisprudence, the Constitution of the United States and our judiciary Acts of Congress, referring to "cases in law and equity, " "suits at common law," "the common law, and the principles and usages of the law, ' ' with other terms taken from the same source, Ca) See 3 Peters, 446, 8. 18 206 LAWS OF THE SEVERAL STATES. [PART II. It was on the common law and constitutional law of England, that the people of the colonies and States justified their opposition to the government of that country, during the revolution ; claiming the benefits thereof as their birthright and inheritance ; as the security of their natural and civil rights, and of their political liberties. They asserted and maintained the rights and privileges of the Magna Charta of England, which embodied the common law, and made this their rallying point. And after the revolution, these principles were acknowledged and acted upon, as accordant with the genius of the people and the spirit of their institutions. The common law was declared by Act of Congress to be "the basis whereon these republics, their laws and constitutions, are erected ;" and which Congress fixed and established as that of all laws, constitutions and governments, to be forever thereafter form^ed in the Territory North-West of the Ohio. (&) It is from the common law, in its largest sense, have been taken, the grand right of representation, or that of the people to have a share in their government, by their representatives chosen by them- selves ; the policy of the distribution of the powers of government among several distinct departments ; the independence of the judiciary, in the interpretation of constitutional law, and in the administration of justice in its ordinary course ; the trial by jury ; the remedy by writ of Habeas Corpus ; and other maxims and rules of government and law, justly held to be so valuable and dear. It has been urged by the ablest statesmen and jurists, that r\ recurring to the source of those great principles on which our gen- eral and State governments are founded, they may be traced to the system of the English common law and constitution of government which attended our ancestors on their settling in this country. It is an important consideration that these views look to prac- tical results of great interest. It has been contended, that the common law, thus regarded, is the proper standard for the exposi- tion of the federal Constitution ; by which may be obtained a clear and settled understanding of its terms and provisions, on questions respecting its meaning ; " by applying to it those established rules and maxims of the common law, in the construction of statutes, and those accepted definitions of words, terms and language, in which they had been used and received, as well known and understood, in their ordinary and legal sense, according to their subject matter, "(c) It is in the common law that we find the rules of interpretation (b) Ordinance of 1787, for the government of tlie Territory North-West ©f OMo. (c) Baldwin's Cons. Views, p. 3. CH. II.] LAWS OF THE SEVERAL STATES. 20T of Acts of Assembly and of the laws of the United States ; of public and private grants, charters, compacts, contracts ; and to which we resort, as the standard by which to make our decisions in all cases, where it has not been altered by established usage or legislative power, (d) 13. Equity, in its technical sense, is that system of law by which justice is administered in a mode different from that at com- mon law. It means chancery laiv, or that system of rules by which courts of chancery are governed, in the administration of justice. In a court of equity or chancery, there is no trial by jury ; but the party complaining states his complaint in a bill of equity, and the party complained of makes his defense in a written answer. In such a court, the defendant may in any case, also, be required to make his answer, and disclose the facts, on his oath. 14. This system of equity has been adopted in our country. In its principles, it has been adopted in most of the States ; in respect to its forms of proceeding, in only some of them. There are courts of chancery in many of the States ; as in Vir- ginia and New York, where the entire system of chancery proceed- ings has been adopted. Within those States where there are no courts of chancery, equity is administered in various modes. In some of those States the common law courts exercise chan- cery powers in their fullest extent ; as in Ohio. In other States equity principles are part of the common law, and carried out in suits and proceedings at law ; as in Pennsylvania. In Pennsylva- nia, however, it has been lately provided by Act of Assembly, that the courts may adopt the forms of chancery proceedings, in cases where a complete remedy cannot be otherwise afforded. The courts of the United States exercise chancery powers. Law of nations. 15. The law of nations is that system of rules which reason, morality and custom have established among civilized, nations ; that code of public instruction which defines the rights, and pre- scribes the duties of nations, in their intercourse with each other. 1 KenVs Comm. on American Law, p. 1. The law of nations depends entirely upon the rules of natural law, or upon mutual compacts, leagues, treaties and agreements between independent communities ; and in the construction of which compacts we have no rules to resort to but the law of nature ; that being the only law to which these communities are equally subject. 1 Black, Gomm. p. 43. (d) Baldwin's Cons. Views, p. 7. 208 LAAVS OF THE SEVERAL STATES. [PAUT n. 16. The law of nations is a part of the law of this country. The law of nations was part of the common law of England, which, so far as it may be consistent with the institutions of the country, and remains unaltered by statute, is an essential part of American jurisprudence. Its principles are recognized by the federal courts and embraced in the municipal law of the several States. The law of nations is enforced, in some instances, by the sanc- tions of municipal law ; and the offences which fall more immedi- ately under its cognizance are, the violations of safe conduct, in- fringements of the rights of ambassadors, and piracy. To these may be added the slave trade, not indeed, as a piratical trade, absolutely unlawful by the law of nations, but as a trade condemned by the great principles of justice and humanity, openly professed and declared by the powers of Europe. 1 Kenfs Comm. p. 1. Power to punish offences against the law of nations has been expressly conferred on Congress by the federal Constitution ; and Acts of Congress have been passed for that purpose, in reference to the above mentioned offences. The law of nations always formed a part of the municipal law in Pennsylvania. 1 Dallas^ Reports, p. 114, 120. It is under this head, in the law, are generally considered, the privileges of ambassadors and consuls of foreign governments, and their exemption from arrest under the law of the country ; also, the power of arresting persons for offences committed in another country, and the right of a government to demand of another government the surrender of criminals escaping into the territory of the latter. DIVTSIONS, AND DEFINITIONS, IN LAW. lY. The primary and principal objects of the law are rights and wrongs ; or the establishment of rights, and the prohibition of wrongs. 18. Rights are divided into the rights of persons, being those which concern or are annexed to the persons of men ; and the rights of things, being such as a man may acquire over external objects, or things unconnected with his person. 19. Wrongs are divided into private wrongs and public wrongs. Private wrongs being such as are an infringement of particular rights, concern individuals only, and are called civil injuries ; and public wrongs are those, which, being a breach of general law, affect the whole community, and are, therefore, called crimes and misdemeanors. 20. Persons are divided into natural persons and artificial persons. Natural persons are such as the God of nature formed us ; artificial are such as are created and devised by human laws CH. n.] LAWS OP THE SEVERAL STATES. 209 for the purposes of society and government, and are called corpo- rations and bodies politic. 21. The rights of persons, considered in their natural capacities, are also of two sorts ; absolute and relative. Absolute are such as appertain and belong to men merely as individual or single persons ; relative such as are incident to them as members of society, and standing in various relations to each other. 22. The absolute rights of individuals may be reduced to three principal or primary articles ; the right of personal security, the right of personal liberty, and the right of private property. 23. Persons may be considered, in respect to their civil rela- tions, as public or private. Public persons are all those who occupy official relations ; all others are private. Corporations. 24. A corporation is a franchise, or civil right and privilege, possessed by one or more individuals, who subsist in a body politic, under a special denomination, and are vested, by the policy of the law, with the capacity of perpetual succession, as an individual. 25. Corporations are divided into aggregate and sole. A cor- poration sole consists of a single person, who is made a body cor- porate or politic, in order to give him some legal capacities and advantages, and especially that of perpetuity, which as a natural person he could not have. The corporations with us are generally aggregate, or the union of two or more persons in one body politic, with capacity of succession and perpetuity. 26. Corporations are further divided into ecclesiastical and lay. Ecclesiastical corporations are those of which the members are spiritual, and the object is also spiritual. With us, they are called religiotis corpoi'ations. 21. Lay corporations are divided into eleemosynary and civil. An eleemosynary corporation is a private charity, constituted for the perpetual distribution of the alms and bounty of the founder. In this class are ranked hospitals for the relief of poor, sick, and impotent persons, and colleges and academies established for the promotion of learning and piety, and endowed with property by public and private donations. Civil corporations are established for a variety of purposes. 28. Civil corporations are either public or private. Public corporations are such as are created by law for political purposes, as counties, cities, boroughs ; they are vested with subordinate legis- lative powers, to be exercised for local purposes connected with the public good, and such powers are subject to the control of the legis- lature of the State. 2 Kent's Gomvi. chajy. XXXIII. Public corporations are those which are founded with public means, and for public purposes. Their criterion is, that no indi- 18* 210 LAWS OF THE SEVEBAL STATES. [PART II. vidua! has any interest in their foundation, except as a member of the general body politic. To this class belong all municipal cor- porations, beginning with the United States, and descending down through States, counties, townships, school districts, and the like. These are for the most part denominated quasi corporations, since with the exception of cities and boroughs, they require no special Act of incorporation. Private corporations are those which are founded on private means ; their objects may be either public or private ; their criterion is a private foundation, whereby individuals have an interest in them distinct from that of the community. Walker^s American Laiv, p. 201. 29. A bank created by the government for its own uses, where the stock is exclusively owned by the government, is a public cor- poration. So, a hospital created and endowed by the government for general purposes, is a public, not a private charity. But a bank, whose stock is owned by private persons, is a private corpora- tion, though its operations partake of a public nature, and though the government may have become a partner in the association by sharing with the corporators in the stock. The same may be said of insurance, canal, bridge, turnpike, and rail road stock. 2 KenPs Comm. p. 215. 30. Some of the leading properties of a corporation are : (1 ) That a corporation has uninterrupted succession, so long as its charter or the law incorporating it endures, independently of the death or a change of its members. (2 ) All the acts which a corporation can do, are done in its corporate name, without any specification of its members. (3 ) Corporations are authorized to have and use a corporate seal. (4 ) Corporations are authorized to make by-laws, consistently with the provisions of its charter or Act of incorporation, and the laws of the land. (5) The individual members of a corporation are not person- ally liable for its debts, beyond the amount of their shares in the capital stock ; unless they are expressly made so by the charter or Act of incorporation, or by law. 31. A corporation is generally created by an Act of the Legis- lature of the State. A State legislature may create corporations, by virtue of the general powers vested in it, unless it is expressly prohibited by the Constitution of the State. In some States the power is expressly granted by the Constitutions thereof ; and in some instances, the power is limited or modified, (e) 32. Does Congress possess power to create corporations ? The (e) See further on, cliap. Ill, IV. CH. II.] LAWS OF THE SEVERAL STATES. 211 federal Constitution confers no express power on Congress to create corporations. It can only exist as an incidental power. It has been exercised as such in the incorporation of a national bank. In some States the courts of justice are authorized to create cor- porations for certain purposes. Persons, adults and infants, 33. When is a person of full age, capable of making contracts, and of acting for himself, in law ? Full age in males and females, is twenty-one years ; which age is completed on the day preceding the anniversary of a person's birth, who until that time is an infant, and so styled in law. 1 Black. Conini. p. 463. The age of twenty-one years is probably the period of absolute majority throughout the United States ; though female infants, in some of the States, have enlarged capacity to act at the age of eighteen. In Vermont and Ohio females are deemed of age at the age of eighteen years. And Louisiana follows in this respect the common law period of limitation, though entire majority in the civil law, as to males as well as females, was not until the age of twenty-five. 2 KenVs Gomm. p. 236. Persons, males and females. 34. What are the capacities of females in law ? Females have no political capacity ; that is, they have no direct voice or agency in the formation or administration of government. While they remain unmarried their legal capacities are the same as those of the other sex. When married they are placed under vari- ous disabilities. Citizens and aliens. 35. How may private persons be divided ? Into citizens and aliens. Citizens are, generally, all free persons born within the United States, and all persons duly naturalized. Aliens are persons born out of the jurisdiction of the United States, and being the citizens or subjects of another nation or gov- ernment. (/) 36. In most of the several States, there is a distinction in respect to political privileges between free white persons and free colored persons of African blood ; and in no part of the country, except in Maine and Massachusetts, do the latter, in point of fact, parti- cipate equally with the whites, in the exercise of civil and political rights. C/) As to citizens and aliens, their rights and privileges, see Part the First, chap. i. p. 27, 28. and as to the naturalization of aliens, Part I. cliap. Hi. p. 67, 58, 212 LAWS or THE SEVERAL STATES, [PART U. The right of voting is confined to white freemen, in express terms, by the Constitutions of all the States, except ]S"ew York, Massa- chusetts, Rhode Island, Yermont, Xew Hampshire, Maine, Wis- consin ; and by that of Georgia it is declared that the electors shall be citizens of the State. By the Constitutions of Michigan and Wisconsin it is provided that the right of suffrage may be allowed to civilized Indians, not belonging to any tribe. " Xegro and other slaves, born within and under the allegiance of the United States, are natural born subjects but not citizens. If a slave born in the United States be manumitted, or otherwise lawfully discharged from bondage, or if a black man be bom within the United States, and born free, he becomes thenceforward a citizen, but under such disabilities as the laws of the States res- pectively may deem it expedient to prescribe to free persons of color." 2 Kenfs Comvi. p. 257, in note. The right of suffrage, or voting at the general or other elections, varies in the different States, (g) Slaves. 31. Domestic slavery having commenced at an early period, in this country, continued and increased throughout the States while they were colonies of Great Britain. It exists now in all the southern States of the Union ; but it has become extinct in all the eastern States, and in New York and Pennsylvania, having been abolished therein by their Constitutions or laws. In the ordinance of Congress, of July 13, 1T8T, for the government of the temtory of the United States north-west of the river Ohio, it wag enacted, and declared to be an unalterable provision, that there should not be slavery, nor involuntary servitude, in the said territory, otherwise than in the punishment of crimes. This provision prevented the introduction of slavery into any of the States north of the river Ohio, and included in what was then called the Xorth- Western Territory of the United States, to wit : Ohio, jVlichigan, Indiana, Illinois ; and the Constitutions thereof prohibit it. It exists in Louisiana, Missouri, Florida, Texas, Alabama, Mississippi, Ar- kansas, It is prohibited by the Constitutions of the States of Iowa, Wisconsin and California. (7?) In the slaveholding States, ' ' in the contemplation of their laws, slaves are considered, in some respects, as things or property, rather than as persons, and are vendible as personal estate. They cannot take property, by descent or purchase, and all they find, and all they hold, belongs to the master. They cannot make lawful con- tracts, and they are deprived of civil rights. They are assets in (g) See as to the riglit of suffrage, furtlier on, Part II, cliap. iv, par, 58, and chap. vii. par. 7, 8. (h) See the next following chapter- CH. n.] LAWS OF THE SEVERAL STATES. 213 the hands of executors for the payment of debts ; and cannot be emancipated by will or otherwise, to the prejudice of creditors. ' ' 2 KenVs Gomm. p. 253. The laws that regard slaves as property, are local, and only apply so far as such laws can operate. Such local laws do not make them personal property generally. 18 Pickens'' Beports, p. 216. The state of slavery is a mere municipal regulation, depending upon the laws of the country or State under which it exists, and no nation or State is bound to recognize the state of slavery as to foreign slaves within its territory. It is so as between the States of this Union, except so far as the provisions of the federal Consti- tution extend. This principle was contained in the decision of the Supreme Court of the United States, made in 1838, in the case of Prigg V. The Commonwealth of Pennsylvania, reported in 16 Peters'' Reports, p. 539. The constitutional provisions in some of the States relative to slaves, are noted, under proper heads, in this part of the work, [i) Division of time. 38. A year, in law, is a determinate period, consisting of three hundred and sixty-five days ; the increasing day in leap year to- gether with the preceding one, being accounted for one day only. A year includes the space of time from a certain day in a parti- cular month until the same day in the same month in the succeed- ing year ; one of the days being included and the other excluded. 39. A mouth in law, in this country, means a calendar month. In some of the States it is so provided by statute. • 40. As to a day, in law, in the space of a day all the twenty- four hours are generally reckoned ; the law usually rejecting all fractions of a day in order to prevent disputes. Therefore, if I am bound to pay money on a certain day, I discharge the obligation if I pay it before twelve o'clock at night, after which the following day commences. Fractions of a day are, however, regarded in some matters, as in recording deeds, and the like. Particular rules prevail, in law, as to negotiable or commercial paper. Territorial divisions. 41. What are the general divisions of a State for civil purposes? A State is generally divided into counties ; each county into townships or towns, hundreds or parishes ; and each township into districts or precincts. A county may contain a city ; and town- ships include boroughs, towns and villages. In some States there are other territorial divisions, in relation to the militia, common schools, and other matters, (j) (i) See the general Index, for Slave, &c. (j) See further on, ch. VII. CHAPTER III. OF THE DECLARATION OP RIGHTS IN A STATE. 1. That part of the Constitution of a State in which are de- clared and contained certain general principles, prohibitions and provisions, in relation to the rights of the people and the powers of government, is called the Declaration or Bill of Rights. 2. These rights may be called . the declared and peremptory rights of the people. They are defined by the Constitution of the State. There is a division of rights peculiar to us as citizens of a free and constitutional government ; viz. those xohich are defined hy the Constitution, and those which are not. The former may be designated as imperative or peremptory ; since they are made the foundation of our social relations, and cannot be altered by dele- gated power. The people alone in their sovereign capacity can change them, by altering the Constitution. The latter may be called discretionary, siuce they depend upon the action of the Legislature, (o) 3. There exist such Declarations of Rights in the States gene- rally. In some of the States they are not formally stated, but the principal provisions of them are embodied in the Constitutions. 4. Similar declarations of the rights of man have been made in most of the States, when they were colonies, and from the earliest periods of their history. 5. What was the great announcement of the fundamental rights of man in this country ? The Declaration of Independence of the North American States, July 4, 1776. 6. There is no such formal declaration of rights in the Consti- tution of the United States ; but it contains many provisions, de- claring these rights, and designed for their protection ; particularly in the Amendments thereto. 7. In regard to the authority and force of the principles and provisions contained in the Bill of Rights of a State, or embraced in its Constitution, they are binding in all the departments of the government thereof, and on the people, in all cases, above other (a) See Part L chap. I, par. 37, and chap. YII, par. 2. 2U CH. III.] STATE BILLS Or RIGHTS. 215 provisions of the Constitution, and above the law, commou aud statute, of the State. It is generally declared in these Bills of Rights, ' ' that all things contained therein are reserved and excepted out of the general powers of government, and shall forever remain inviolate ; ' ' and "that all laws contrary thereto are void." 8. The purposes and objects for which these Declarations of Rights were made, as stated in them, are, " that the general, great and essential principles of free government may be recognized and established." 9. These Declarations of Rights are worthy to be fully consi- dered, and made familiar to the mind, for their evident truth, su- preme authority, and important bearings ; as they are, also, from the solemn circumstances under which our forefathers enunciated them, and the pure, noble and liberal sentiments which called them forth. They announce clearly, freely and boldly, the great fundamental and unchangeable principles of human rights ; they contain the soundest maxims on political government, derived from wisdom and experience ; and they present the most just, safe and humane views of civil law and its administration. Wise and righteous tenets, nobly avowed and maintained ; happy will it be for our country that a consistent support and impartial application of them may long secure their proper benefits! Bills of Rights, declaring and fixing certain principles of govern- ment for the protection of the rights of the people, have been used, at different times, in England. The first one was made there, and acceded to by the king, in the year 1225 ; being the celebrated Magna Gharta of that country. In some of the State Coustitutions, the appreciation of these general rights is marked by the expression of gratitude to God for their possession, and the freedom enjoyed in establishing a free government. " We, therefore, the people of Massachusetts, acknowledging with grate- ful hearts, the goodness of the Great Legislator of the Universe, in affording us, in the course of his providence, an opportunity deliberately and peace-" ably, without fraud, violence or surprise, of entering into an original, ex- plicit and solemn compact with each other ; and of forming a new constitu- tion of civil government for ourselves and posterity ; and devoutly implor- ing his direction in so interesting a design, do agree upon, ordain and estab- lish the following Declaration of Rights, and frame of government, as the Constitution of the Commonwealth of Massachusetts." Co7is. of Massa- chusetts. " Grateful to God for the civil and religious liberty which he hath so long permitted us to enjoy, and looking to Him for his blessing upon our en- deavours to secure and transmit the same, unimpaired, to succeeding gene- rations, do ordain and establish this constitution of government." Cons, of Rhode Island, Illinois. 216 STAIE BILLS Or EIGHTS. [PABT U. " Acknowledging -n-itli gratitude the good providence of God, in having permitted them to enjoy a free government," &:c. Cons, of Connecticut. " Grateful to God for our freedom." Cons, of New York, Ohio, Wisconsin. " Through divine goodness all men have, by nature, the rights" --Cons, of Delaware. " Grateful to Almighty God for our civil and religious liberty.' Cons, of Maryland. " Grateful to Almighty God for the free exercise of the right to choose our own form of government." Cons of Indiana. " Acknowledging vritli gratitude the grace and beneficence of God in per- mitting us to make a choice of our form of government. " Cons, of Texas. " Grateful to the SuiDreme Being for the blessings hitherto enjoyed, and feeling our dependence on Him for a continuation of those blessings. "Cons. of Iowa. Equality of rights. 10. The State constitutions, in general, contain provisions de- claring the equality of the rights of all men. Such are the provisions in the Constitutions of many of the States : ' ' That all men are born equally free and independent, and have certain natural, inherent, and inalienable rights ; among which are the enjoying and defending life and liberty, acquiring, possess- ing and protecting property ; and pursuing and obtaining happi- ness and safety." ' ' And that no men, or set of men, are entitled to exclusive emolu- ments and privileges, but in consideration of public services." See head, ' ' Hereditary titles and privileges, ' ' further on, in this chapter. In the Constitution of the State of Delaware it is declared; " Through divine goodness all men have, by nature, the rights of worshipping their Creator according to the dictates of their con- sciences, of enjoying and defending life and liberty, of acquiring and protecting reputation and property, and, in general, of attain- ing objects suitable to their condition, without injury by one to another ; ' ' &c. In some of the States the provision is, " That all men, when they form a social compact, are equal in rights." Cons, of Con- necticut-, Texas. In the States of Kentucky, Mississippi, Alabama, the provision is; "That all fi'ee men, when they form a social compact, are equal in rights. " There is no such provision in the Constitutions of Xew York, Maryland, Xorth Carolina, South Carolina, Georgia, Tennessee, Louisiana, Missouri. It is meant by the declaration in these provisions that all men are born equally free and independent, as to essential rights, that all men are entitled to equal civil and political rights. 11. The same principle is contained in the Declaration of In- dependence of the United States. en. ni.] STATE BILLS OF RIGHTS. 211 ' ' We hold tliese tniths to be self-evident ; that all men are created equal ; that they are endowed by their Creator with certain inalienable rights ; that among these are life, liberty and the pur- suit of happiness ; and that to secure these rights, government was instituted among men, deriving their just powers from the consent of the governed." Origin and object of civil government. 12. The principle in relation to the source, authority and end of civil government, contained in these Bills of Rights, is, that all government, of right, originates from the people, is founded on their consent, and instituted for the general good. 13. It is declared in some of the State Bills of Rights ; " that a frequent recurrence to the fundamental principles of civil gov- ernment is absolutely necessary to preserve the blesssings of liberty." Supreme power of the people. 14. It is the declared principle in the State constitutions, as to the supreme power of the people, that all power is inherent in the people ; that governments are founded on their authority ; and may be abolished, altered and reformed by them as they may think proper. The principle is fully announced in the Declaration of Independ- ence, by the States, in 1716. ' ' That to secui'e Miese 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 right of the people to alter or abolish it, and to in- stitute 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." The State constitutions, in general, contain provisions directing in what manner they may be altered and amended. In the con- stitution of Virginia there is no such provision. Internal government and police of a State. 15. The principle declared on this subject is, that the people of the State have the inherent, sole and exclusive right of regu- lating the internal government and police thereof. ' ' The people of the State have the sole and exclusive right of governing themselves as a free, sovereign and independent State, and do, and forever shall, exercise and enjoy every power, jurisdic- tion and right appertaining thereto, which is not, or may not here- after be, by them, expressly delegated to the United States of America in Congress assembled. " Constitutions of New Hamp- shire and Massachusetts. 19 218 STATE BILLS OP RIGHTS. [PART H. Distribution of the powers of government. 16. In some of the States it is declared "that the legislative, executive and judicial departments of government ought to be for- ever separate and distinct from each other." ' ' In the government of the commonwealth the legislative depart- ment shall never exercise the executive and judicial powers, or either of them ; the executive shall never exercise the legislative and ju- dicial powers, or either of them ; and the judicial shall never exer- cise the legislative and executive powers, or either of them ; to the end that it maybe a government of laws and not of men." Mas- sachusetts. This subject is treated of in Part II, Chap. I. Religious liberty and rights of conscience. 1*1. It is generally provided that no preference shall be given by law to any religious establishment or mode of worship ; that all men have a right to worship God according to the dictates of their owa. consciences ; and that no man can be compelled to attend or support any place of worship, or to maintain any ministry. In some of the State Bills of Rights, the right of every individual to religious liberty, and to worship God according to the dictates of his conscience, is declared; " provided he doth not disturb the public peace, or disturb others in their religious worship. "(6) In other States it is provided, "that this right shall not be so con- strued at to excuse acts of licentiousness, or to justify practices inconsistent with the peace and safety of the State, "(c) In the Constitution of the State of Massachusetts, it is declared, in connection mth similar provisions, ' ' that it is the right as well as the duty, of all men in society publicly, and at stated times, to worship the Supreme Being, the great Creator and Preserver of the Universe." And in the Constitution of Yermont, " neverthe- less, every sect or denomination of Christians ought to observe the Sabbath or Lord's day, and keep up some sort of religious worship, which to them shall seem most agreeable to the will of God." In some of the States it is thus provided, ' ' that the civil rights, privileges or capacities of any citizen shall in no way be diminished on account of his religious opinions;" and "that no person on account of his religious opinions can be rendered ineligible to any ofl&ce of trust or profit in the State. ' ' In some of the States it is provided by their Constitutions, that no minister of the gospel or priest of any denomination, shall at any time hold any ci-vdl or military office in the State, or be a mem- ber of the Legislature thereof. New York and Delaware. (b) Cons, of New Hampshire. (c) Cons, of Connecticut. CH. ni.] STATE BILLS OP RIGHTS. 219 It is generally provided, " that no subordination or preference of any one sect or denomination to another, shall ever be established bylaw,'' and "that no preference shall be given by law to any religious societies, denominations, or modes of worship." In the States of Maine, Massachusetts and New Hampshire, it is provided in their Bills of Rights, ' ' that all religious societies in the State, whether corporate or incorporate, shall at all times have the exclusive right of electing their public teachers, and contract- ing with them for their support and maintenance." In Maryland the declaration is, " That it is the duty of every man to worship God in such manner as he thinks most pleasing to him : all persons professing the Christian religion are equally enti- tled to protection in their religious liberty, ' ' &c. In Virginia it is thus declared, "That religion, or the duty which we owe to our Creator, and the manner of discharging it, can be directed only by reason and conviction, not by force and violence ; and therefore all men are equally entitled to the free exercise of religion, according to the dictates of conscience, and that it is the mutual duty of all to practise Christian forbearance, love and charity towards each other. ' ' " No man shall be compelled to frequent or support any religious worship, place or ministry whatsoever ; nor shall any man be en- forced, restrained, molested or burtheued in his body or goods, or otherwise suffer, on account of his religious opinions or belief ; but all men shall be free to profess, and by argument to maintain, theiv opinions in matters of religion, and the same shall in no wise affect, diminish or enlarge their civil capacities. And the Legislature shall not prescribe any religious test whatever ; nor confer any pe- culiar privileges or advantages on any sect or denomination ; nor pass any law requiring or authorizing any religious society, or the people of any district within this commonwealth, to levy ou themselves or others any tax for the erection or repair of any house for public worship, or for the support of any church or ministry ; but it shall be left free to every person to select his religious in- structor, and make for his support such private contract as he shall please." Virginia. In the Constitutions of Mississippi and California it is also de- clared, "the exercise and enjoyment of religious profession and worship, without discrimination, shall forever be free to all persons in the State ; Provided, that the light hereby declared and estab- lished shall not be so construed as to excuse acts of licentiousness, or justify practices inconsistent with the peace and safety of the State." In the State of Missouri it is provided in its Declaration of Rights, ' ' That no religious corporation can ever be established in this State." 220 STATE BILLS OF EIGHTS. [PAST II. The provision in tlie Constitution of the United States as to reli- gious liberty is, " Congress shall make no law respecting an estab- lishment of religion, or prohibiting the free exercise thereof." Cons, of U. S., Amendments, Art. I. 18. There are provisions in all these Bills of Rights recognizing and securing the rights of conscience. The right of conscience is declared to be among the natural and inalienable rights of man. " No person can be hurt, molested or restrained in his religious professions or sentiments, if he do not disturb others in their reli- gious worship. " State of JVeio Yo7^k. In most of the States it is thus declared, ' ' that no person who is conscientiously scrupulous about the lawfulness of bearing arms shall be compelled thereto, provided he pay an equivalent. " " The Legislature shall pass laws exempting citizens belonging to any sect or denomination of religion, the tenets of which are known to be opposed to the bearing of arms, from attending private and general musters. ' ' Cons, of Tennessee. As to oaths. 19. In some of the State Bills of Rights there are provisions respecting the mode of taking an oath. In such instances, in general, it is declared that the manner of administering an oath to any person shall be such as those of the religious profession or denomination, to which such person belong, generally esteem the most effectual confirmation by the Divine Being. ' ' The manner of administering an oath or affirmation shall be such as is most consistent with the conscience of the deponent, and shall be esteemed the most solemn appeal to God. " 20. It is also generally provided that persons conscientiously scrupulous of taking an oath, shall be allowed to make their solemn affirmations, to be of the same avail as an oath. See, further on in this chapter, the heads "Religious tests," *' Freedom of speech, &c.," " Rights to bear arms," " Eligibility to office." Such provisions are designed to meet the cases of persons who are conscientiously scrupulous of taking an oath in a particular form, or of swearing at all. "No person shall be rendered incompetent to be a witness on account of his opinions on matters of religious belief. " Cons, of California. As to religious tests. 21. It is generally provided in the State Constitutions, that no religious tests shall be required as a qualification to office. CH. in.] STATE BILLS OF RIGHTS. 221 In some of the States the constitutional provision is, that no person who acknowledges the being of God, and a future state of rewards and punishments, shall be disqualified on account of his religious sentiments to hold any office under the State. In other States it is declared, " that no religious test shall ever be required as a qualification to any office or public trust under the State." See, also, the Cons, of the United States, Art. YI. S, Religious toleration. ' ' No person who denies the being of God, or a future state of rewards and punishments, shall hold any office in the civil depart- ment of the State." Cons, of Tennessee, Mississippi. 22. The effect of these provisions in the federal and State Con- stitutions is, that there is thus secured complete religious toleration in this country. It may be more properly called religious liberty. Our forefathers emigrated from the tyrannical and oppressive governments of Europe, and settled in this country, for the sake, chiefly, of enjoying freedom of religion and the rights of con- science. They avowed these principles and acted upon them from the earliest period ; maintained them amidst severe trials and ad- versity ; and, on attaining independence, established them, in the general government and the States, as the fundamental supreme law. Hereditary titles and privileges. 23. It is generally declared in the Bill of Rights, or Constitu- tion of a State, ' ' that the Legislature shall not grant any titles of nobility or hereditary descent. ' ' " No hereditary titles, honors or emoluments, shall ever be con- ferred in this State. ' ' Connecticut, North Carolina. ' ' No office or place whatsoever, in government, shall be here- ditary ; the ability and integrity necessary in all not being trans- missible to posterity or relations. " New Hami^shire. 24. There is a prohibition upon the States respectively, on this subject in the federal Constitution. " No State shall;" — " grant any title of nobility." Cons, of U. S. Art. I. Sec. X. The federal Constitution provides ; "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 Con- gress, accept of any present, emolument, office or title, of any kind whatever, from any king, prince or foreign State. " Cons, of U. S. Avt. I. Sec. X. 7. Gifts from foreign States. 25. In the Bill of Rights of the State of Maryland, it is de- 19* 222 STATE BILLS OF RIGHTS. [PART II. clared ; "Xor ought any person in public trust to receive any present from any foreign prince or State, or from the United States, or any of tliem, without the approbation of this State." Liberty of speech and the press. 26. In general, the provision on this subject in the State Bills ttf Rights is : That every citizen has a right to speak, write or print upon any subject, being liable for the abuse of that liberty. And that the printing presses shall be open and free to every citizen who wishes to examine the proceedings of any branch of government, or the conduct of any public officer 5 and that no law shall be passed to restrain the right thereof. ' ' The liberty of the press is one of the great bulwarks of liberty, and therefore ought never to be restrained." North Carolina. ' ' The liberty of the press is essential to the security of freedom in a State, and ought to be inviolably preserved. ' ' New Hamp- shire. ' ' Congress shall make no law abridging the freedom of speech, or of the press." Cons, of U. S. Amendments, Art. I. Law of libels, 27. There are generally contained in these Bills of Rights cer- tain provisions as to prosecutions for libels. For the most part, they provide that in prosecutions for any publication respecting the official conduct of public officers, or where the matter is proper for public information, the truth may be given in evidence. In the State of Missouri the provision is ; "In all prosecutions or indictments for libel, the truth may be given in evidence ; and if it shall appear to the jury that the matter charged as libellous is true, and was published for good motives and justifiable ends, the party shall be acquitted ; and the jury shall have the right to de- termine the law and the facts." The common law doctrine, on this point, in relation to libels, is, that on indictments for libels, which are written or printed abuse, the truth cannot be given in evidence. Libels on individuals are defined to be malicious defamations, expressed either in writing, or by printed signs and pictures, tend- ing to blacken the memory of one that is dead, or the reputation of one who is alive, and thereby exposing him to public hatred, contempt and ridicule. The criminality of such libels is held, in law, to consist in their tendency to disturb the public peace, which is the same whether the libel be true or false ; and therefore, at common law, the truth of the matter contained in an alleged libel cannot be given in evidence on an indictment for it, in justification or defence of it. CH. in.] STATE BILLS OF RIGHTS. 223 28. As to the powers of jurors on indictments for libels, it is generally declared, that in all indictments for libels, the jury shall have the right to determine the law and facts, under the direction of the court, as in other cases. Equal representation. " Representation shall be apportioned according to population. " Cons, of California. Right of the people to assemble. 29. It is generally contained in the Declaration of Rights of a State, as follows : ' ' The people shall have the right peaceably to assemble ; " or, ' ' That the people have a right, in an orderly and peaceable manner, to assemble together for their common good ; to instruct their re- presentatives, and to apply to those invested with the powers of government for redress of grievances, or for other purposes, by ad- dress or remonstrance. " Tennessee, Mississippi, &c. In the federal Constitution it is declared, " Congress shall make no law" — " abridging the right of the people peaceably to assem- ble, and to petition the government for a redress of grievances." Cons, of U. S., Amendments, Art. I. ' ' The citizens have a right, in an orderly manner, to meet toge- ther, and apply to persons intrusted with the powers of government for redress of grievances and other proper purposes, by petition, remonstrance or address. . " Delaivare, Connecticut, &c. Right of petition. 30. The right of petition is secured. It is generally provided in the Bill of Rights of a State, that the people have a right to apply to the Legislature, and those invested with the powers of government, for redress of grievances, and other purposes, by pe- tition, address or remonstrance. The right of the people to petition government for the redress of grievances is secured by the federal Constitution. See the references under the next preceding head. In some of the States the right of the people ' ' to instruct their representatives," is thus declared and secured. This right of the people to petition government, for objects within its powers, besides being thus expressly secured, is clearly implied by the relation between those that govern and those that are governed, and especially by the nature of our republican insti- tutions, the rulers here being the representatives of the people, and all government being established for their common benefit. The people having a right to petition ; there is an obligation on the government to receive and consider their petitions. 224 STATE BILLS OF RIGHTS. [PABT II. The reason for thus solemnly asserting these principles, so self- evident, in regard to the right of the people to assemble and peti- tion government, probably was, that in England important restric- tions were laid upon the exercise of these rights. Security of property frovii puhlic use. 31. These Bills of Rights provide for the security of private property from public use. Generally, the provision is, that private property shall not be taken for public use without just compensation. In some States it is added to such a provision, ' ' nor unless the public exigencies require it." ' ' Private property ought to be subservient to public uses, when necessity requires it ; nevertheless, when any person's property is taken for the use of the public, the owner ought to receive an equi- valent in money." Cons, of Vermont. " No man's particular services shall be demanded, nor property taken or applied to public use, without the consent of his repre- sentatives, or without a just compensation made therefor. " Cons, of Indiana. 32. In the federal Constitution it is provided, " Xor shall pri- vate property betaken for public use, without just compensation." Cons, of U. S. Amend. Art. Y. The provision only applies to the United States. It is necessary to carry on the operations of government, that private property should be liable to be used for public purposes, compensation being made therefor ; otherwise it might be in the power of individuals to prevent the most important public improve- ments in the country. Private property is then taken under autho- rity of law, for the construction of public roads, canals, bridges, or the like. 33. The right of eminent domain, or inherent sovereign power, gives to the Legislature of a State the control of private property for the use of the public, provided just compensation be made therefor. It is a general principle, which may, however, be denied, limited or modified in its application by the Constitution. 34. In has been held by the courts of one of the States, that the provision in its Constitution, of the kind above stated, is merely declaratory of the common law ; the principle having existed before the Constitution, as applicable to all republican governments. 35. Under the constitutional provisions, on this subject. Con- gress, or the Legislature of any State, cannot take the property of an individual, or divest him of a right of property, in order to give it to another. See the head, Administration of justice, further on, in this chapter. CH. in.] STATE BILLS OF RIGHTS. 225 Security of conti-acts. 36. It is generally declared in the several States : ' ' That no law impairing the obligation of contracts shall be passed." The several States are prohibited by the federal Constitution to pass such laws. "No State shall" — "pass any law impairing the obligation of contracts." Cons, of U. S. Art. I. Sect. X. 1. The construction of these constitutional provisions has been con- sidered in a former part of this work, {d) Ex-post facto laws. 37. The Constitution of every State provides, that the Legisla- ture thereof shall pass no ex-post facto laws. In some of the States, the provision is expressed thus ; ' ' That retrospective laws, punishing facts before the existence of such laws, and by them only declared criminal, are oppressive, unjust and incompatible with liberty ; wherefore, no ex-jiost facto law ought to be made. '' In some of the States it is declared, in their Bills of Rights, ' ' that no retrospective laws shall be made, either for the decision of civil causes, or the punishment of offences." Coyis. of New Hampshire. See the head" Promulgation of laws," further on in this chai>- ter. The provision of the federal Constitution is ; " No ex-post facto law shall be passed.'' Cons, of U. S. Art. I. Sect. IX. 3. The meaning of these terms, and the construction of the clauses, have been the subject of notice, in the first part of this work, {d) Bills of attainder, attainder, {e) 88. It is generally declared in these Bills of Rights as to bills of attainder : ' ' That no person shall be attainted of treason or felony by th^ Legislature."' " That the Legislature shall pass no bills of at- tainder. ' ' ' ' No person ought, in any case, or at any time, to be declared guilty of treason or felony by the Legislature." Massachusetts. In regard to attainder, in any way, for crime, it is provided in the several States, in general ; "That no conviction shall work corruption of blood or forfei- ture of estate, except during the life of the offender." " No conviction for any offence shall work corruption of blood or forfeiture of estate." Mississipjyi. (d) See Part I, chap. V. {d) See Part I. chap. IV. (e) See explanation of the terms and construction of the provisions. Part I. Chap. IV. p. 75. 226 STATE BILLS OF RIGHTS. [PAKT U. ' ' The estates of suicides shall descend or vest as in cases of natural death ; and if any person shall be killed by casualty, there shall be no forfeiture by reason thereof. " Alabama. See further on, in this chapter, the head "Administration of justice." Habeas corpus. 39. What is the provision generally contained in the State Constitutions, in relation to the writ of Habeas corpus ? That the privilege of the writ of habeas corpus shall not be suspended, unless when in case of rebellion or invasion the public safety may require it. There is a similar provision in the federal Constitution. Cons, of U. S. Art. I. Sect. lY., 2. ' ' That every freeman restrained of his liberty is entitled to a remedy to inquire into the lawfulness thereof, and to remove the same if unlawful ; and that such remedy ought not to be denied or delayed." North Carolina. The terms have been already explained, with some remarks on the subject. (/) Warrants, searches and seizures. •40. It is generally declared on this subject, in the State Con- stitutions, ' ' that the right of the people to be secure in their persons, houses, papers and eifects, against unreasonable searches and seizures, shall not be violated ; and no warrants shall issue but upon probable cause, supported by oath or affirmation, and par- ticularly describing the place to be searched, and the person or things to be seized." There is the same provision in the Constitution of the TJnited States. •' No person shall be deprived of life, liberty, or property, with- out due process of law." Cons, of U. S. Amendments, Art. Y. "No person shall be accused, arrested or detained, except in cases ascertained by law, and according to the forms which the same has prescribed ; and no person shall be punished but in virtue of a law established and promulgated prior to the offence, and legally applied. " Alabama and Missouri. See " Administration of justice," further on in this chapter. In some of the States it is, also, thus declared ; ' ' And that general warrants, whereby an officer may be commanded to search suspected places, T\dthout probable evidence of the fact committed, or to seize any person or persons, not named, whose offences are not particularly described, and without oath or affirmation, are CO See Parti. Chap. IV. CH. in.] STATE BILLS OF RIGHTS. 22T dangerous to liberty, and shall not be granted." Ohio, Illinois, Tennessee, North Carolina. Bailing of prisoners, 41. These Bills of Rights provide, as to the right of accused persons to be discharged from arrest and custody, on bail ; ' ' That all persons shall be bailable by sufficient sureties, except in capital cases, where the proof is evident, or the presumption great. ' ' The provision as to excessive bail is ; " That excessive bail shall not be required." There is a similar provision in the federal Constitution. Gons. of U. S. Amendments, Art. YIII. See the head Habeas Corpus, Part I, chap. VL Indictments. 42. The State Constitutions generally provide; "That no person shall be held to answer for a capital or otherwise infamous crime, unless on a presentment or indictment of a grand jury, ex- cept in cases arising in the land or naval forces, or in the militia, when in actual service, or in time of war, or public danger." The federal Constitution contains a similar provision, applicable to cases in the Courts of the United States. Gons. of U. S. Amendments, Art. Y. In some of the States there is such a provision in relation to all criminal charges. "No freeman shall be put to answer any criminal charge, but by indictment, presentment or impeachment." North Carolina. In some of the States it is thus provided ; ' ' that no person shall, for any indictable offence, be proceeded against criminally by in- formation, except in cases arising in the land or naval forces, or in the militia, in the time of war or public danger ; or by leave of the court, for oppression or misdemeanor in office." An information is a mode of proceeding at common law ; and is an accusation filed by the prosecuting officer, upon which the ac- cused may be brought to trial without the introduction of a grand jury- In some of the States it is entirely abrogated, as mentioned above, and in the others it is scarcely ever used. Bight of the accused in criminal cases. 43. It is generally contained in these Bills of Rights, as to the right of the accused in criminal cases, and their trial; "that in all criminal cases the accused hath a right to be heard by himself and counsel ; to demand the nature and cause of the accusation against him ; to meet the witnesses face to face ; to have compul- 328 STATE BILLS OF RIGHTS, [PAPvT IT. sory process to obtain mtnesses in Ms favor ; to have a speedy public trial by an impartial jury of the county or district in whicli the offence shall have been committed."' In some of the States it is further added to such a proTision "that the accused cannot be compelled to give evidence against himself ; nor can be be deprived of his life, liberty, or property, unless by the judg-ment of his peers, or the laws of the land. " It is also generally thus provided, ' ' that no person shall for the same offence be twice put in jeopardy of life or limb." In the State of Iowa, the provision is ; " that no person shall be tried after an acquittal for the same crime or offence." The constitutional provision that no one shall be compelled to accuse or furnish evidence against himself, does not relate to ques- tions of property, but to criminal cases only. It is a principle in law, that after an acquittal by a jury on a criminal charge, a person cannot be again tried for the same offence ; but that, nevertheless, when such an acquittal has been caused by a defect in the indictment, or when the jury in the case has been discharged by the court on account of their being unable to agree on a verdict, he may be tried again ; on the ground that the first trial was no trial, and that he was not put in jeopardy by it. These principles hold, notwithstanding the above constitutional provisions. In the State of Missouri it is an express constitutional provision, "that no person, after having been once acquitted by a jury, can for the same offence be again put in jeopardy of life or limb ; but if in any criminal prosecution the jury be divided in opinion at the end of the term, the court before which the trial shall be had may. in its discretion, discharge the jury, and commit or bail the ac- cused for trial at the next term of such court. " See head "Administration of Justice," further on in this chapter. Confinement injaiJ. 44. Some of the State Bills of Rights contain provisions as to the treatment of prisoners in jail. " 'So person arrested or confined in jail shall be treated with un- necessary rigor. ' ' Ohio, Tennessee, &c. " And when persons are confined on accusation for capital offences, their friends and counsel may at proper seasons have ac- cess to them." Delaware. Trial by jury. 45. In these Declarations of Rights the right of trial by jury is secured. The provision is generally ; ' ' that in all criminal pro- secutions the accused hath a right to a speedy public trial by an impartial jury of the vicinage," CH. m. ] STATE BILLS OF EIGHTS- 229 111 some States the provision is, ' ' that the trial by jury shall be as heretofore, and the right thereof remain inviolate;" in some States it being added, "but a trial by jury may be waived by the parties in all civil cases, in the manner to be prescribed by law. " By the vicinage is meant the vicinity, that is, the county or dis- trict, in which the alleged offence was committed- In some States it thus provided, ' ' that the usual number and unanimity of the jury, on indictments and convictions, shall be held indispensable." New Hampshire. " In all criminal prosecutions the accused hath a right to a speedy public trial by an impartial jury of the county, without the unani- mous consent of which jury he cannot be found guilty, ' ' Vermont. It -is generally thus provided, "that the accused cannot be de- prived of his life, liberty or property, except by the judgment of his peers, or the law of the land." "No freeman shall be imprisoned, disseized of his freehold, liberties, or privileges, or outlawed, exiled, or in any manner de- prived of his life, liberty or property, but by the judgment of his peers or the law of the land." Illinois, Tennessee, North Caro- lina. "No freeman shall be convicted of any crime, but by the unani- mous verdict of a jury of good and lawful men, in open court, as heretofore used," North. Carolina. " The ancient mode of trial by jury shall be held sacred, and the right thereof remain inviolate." Virginia, Kentucky, ' ' That when an issue in fact, proper for the cognizance of a jury is presented in a court of law, the parties have a right to a trial by jury, which ought to be held sacred." Vermont. In some of the States the provisions in their Bills of Rights are as follows, or similar thereto ; ' ' That in all civil cases, where the value in controversy shall exceed the sum of twenty dollars, and in all criminal cases, except in petty misdemeanors, which shall be punishable by tine not exceeding three dollars, in such manner as shall be prescribed by law, the right of trial by jury shall remain inviolate. ' ' Indiana. The provisions of the federal Constitution as to the right of trial by jury are the following ; ' ' In all criminal prosecutions the accused shall enjoy the right to a speedy public trial by an impartial jury of the State or district where the crime shall have been committed. ' ' Cons, of U. S. Amendments, Art. VI. * ' In suits at common law, where the value in controversy exceeds twenty dollars, the right of trial by jury shall be preserved. " Cons, of U. S. Amendments, Art. VII. This provision applies only to the United States courts. See head " Adrajijistration of justice, " Jfurther on in this chapter. 20 2:30 STATE BILLS OF EIGHTS. [PART n. No commission of Oyer and Terminer. 46. It is generally provided in these Declarations of Rights ; ' ' No commission of Oyer and Terminer or jail delivery shall be issued. ' ' Such were special commissions issued to persons other than the ordinary judges of the courts, on particular occasions, to hear, try and determine, and punish certain oifences, or particular offences alleged to have been committed ; as had been practised in Eng- land. Courts of Oyer and Terminer are so called, because they are authorized to hea?^ and determine criminal cases. Fines and punishments. 4Y. The State Bills of Rights generally provide, on this sub- ject ; ' ' That excessive fines shall not be imposed, nor cruel or un- usual punishments infflcted. ' ' The same provision is contained in the federal constitution. Cons, of U. S. Amendments^ Art. YIII. In some of the Bills of Rights of the States it is declared ' ' All penalties shall be apportioned to the nature of the offence. No wise Legislature will afl&x the same punishment to the crimes of theft, forgery, and the like, which they do to those of murder and treason. When the same undistinguishing severity is exerted against all offences, the people are led to forget the real distinction in the crimes themselves and to commit the most flagrant with as little compunction as they do the slightest offences. For the same reason a multitude of sanguinary laws is both impolitic and unjust ; the design of all punishments being to reform, not to exterminate mankind. " In some of the State Constitutions it is provided ; ' ' that no person shall be transported out of the State for any offence committed within the same." Illinois. ' ' Nor shall any free white citizen be exiled imder any pretence whatever." Cons, of Mississippi, Counsel and hearing at laxo. 48. ' ' No person shall be debarred from advocating or defend- ing his cause, before any court or tribunal, by himself or cotmsel, or both. " Georgia. ' ' And in any trial, in any court whatever, the party accused shall be allowed to appear and defend in person or -R^th counsel, as in civil actions." California. Bights of suffrage. Elections. 49. It is generally provided, in the State Bills of Rights, that all elections shall be free and equal, (j) Cyj See, as to qualification of electors, or the right to vote, foi'tlier on, Pajt 11. chap» YIL and see chap. IV. Part II. CH. in.] STATE BILLS OF RIGHTS. 231 " All elections ought to be free, and every inhabitant of the State, having the proper qualifications, has an equal right to elect and be elected to office." New Hampshire. — " All men having sufficient evidence of common interest with, and attachment to the community, have the right of suffrage." Virginia. "All freemen, having a sufficient evidence of common interest in, and attachment to the community, have a right to elect officers, and be elected to office." Vermont. In some of the States it is thus provided ; ' ' that no property qualification for elegibility to office, or for the right of suffrage, shall ever be required by law in the State. ' ' Mississippi. Mode of voting, at elections. 50. In some of the States it thus provided, that all elections by the people, or the Legislature, shall be by ballot. Lousiana. In others, it is provided that at all elections the votes shall be given openly, or viva voce, and not by ballot. Virginia. ' ' All votes shall be given viva voce, until altered by the Legis- lature. " Illinois. All elections shall be by ballot, except those by persons in their representative capacities, who shall vote viva voce. Pennsylvania. In most of the States the mode of voting at elections by the people is by ballot. In many of the States the manner of voting is not prescribed by their Constitutions, but is fixed by law. 5L Voting by ballot is voting in such a manner that it is not known for whom the particular elector votes. Generally, it is voting with written or printed tickets, folded in such a manner as to conceal the name of the person voted for, until all the votes given at the election after being promiscuously put together are separately read, the names of the voters of particular tickets not being known. A statement of the constitutional provisions in relation to the right of suffrage, or the qualifications of electors, in the several States, is contained in chapter YII, Part II, of this work. Tenure and term of office. 52. In regard to the tenure and term of office, it is generally provided, ' ' that all offices shall be held only on the condition of good behaviour." This is called the tenure of office. In some of the States it is thus provided ; ' ' No person shall ever be appointed or elected to office in the State for life, or during good behaviour ; but the tenure of all offices shall be for some limited period of time, if the person appointed or elected thereto shall so long behave himself well." Mississippi. 232 STATE BILLS OF RIGHTS. [PAKT H. Offices to be held during good behaviour indefinitely, are for life. Generally State officers are for limited terms of years. In some States judges, and other judicial officers, hold their offices for life, on condition of good behaviour. See, further on, chapter YII, Part II. In some States it is expressly declared in their Bills of Kights ; ' ' No office or place whatsoever, in government, shall be hereditary ; the ability and integrity requisite in all not being transmissible to posterity or relations. ' ' Neiv Hampshire. Eligibility to offi.ce. 53. See, above, the head "Elections and rights of suflFrage. " In some of these Declarations of Rights it is provided ; "that no person ought to hold, at the same time, more than one office of profit. ' ' Maryland. Indiana. See, also, chapter VII, Part II. Perpetuities and monopolies. 54. In some of the State Constitutions it is provided; "that perpetuities and monopolies are contrary to the genius of a free State, and ought not to be allowed." North Carolina. Ten- nessee. "That monopolies are odious, contrary to the spirit of a free government, and the principles of commerce, and ought not to be suffered. ' ' Maryland. Corporations. 55. In the Declaration of Rights of Ohio it is provided ; "That every association of persons, when regularly formed within this State, and having given themselves a name, may, on application to the Legislature, be entitled to receive letters of incorporation, to enable them to hold estates, real and personal, for the support of schools, academies, colleges, universities, and other purposes." Banks. 56. In the Declaration of Rights of Illinois it is provided ; " That there shall be no other banks or moneyed institutions in this State but those already provided by law except a State bank and its branches, which may be established and regulated by the Gen- eral Assembly of the State, as they may think proper." There are provisions in the Constitutions of Indiana, Alabama, prohibiting the establishment of any banking company, for the purpose of issuing bills of credit, or bills payable to order or iDcarer ; except a State Bank, with branches, under particular conditions. See chapt. Ill, Part II, as to special constitutional provisions OH. m.] STATE BILLS OF RIGHTS. 233 in some of the States, in relation to the incorporation of banks or banldng companies. Taxes. 57. There are contained in these Declarations of Rights certain principles as to the levying of taxes on the people. It is declared, generally, that the people of the State ought not to be taxed, or made subject to the payment of any impost or duty, without the consent of their representatives in the Legislature freely given. In some of the States it is thus declared : ' ' that the levying of taxes by the poll is grievous and oppressive ; therefore the Legis- lature shall never levy a poll tax for county or State purposes." Ohio. Bight to bear arms. 58. The provision on this subject is, generally, "that the peo- ple have a right to bear arms for the defence of themselves and the State." And, "every citizen has a right to bear arms in defence of him- self and the State." In Tennessee the provision is ; " Free white naen have a right to bear arms," &c. Militia. 59. There are various provisions as to the militia of a State. In some of these Bills of Rights it is declai-ed ; "that a well regulated militia is the proper, natural and sure defence of a State." In some of the States it is declared in their Bills of Rights, that every member of the community, as he is protected by it, is bound to contribute his share to the expense of the mutual protection, and to yield his personal service when necessary or an equivalent. Massachusetts, New Hampshire. It is generally thus declared; "that no person who is consci- entiously scrupulous of bearing arms can be compelled to do so, provided he pay an equivalent for such service, "(r) Missouri, Pennsylvania. In the State of Tennessee it is thus provided ; ' ' that no citizen of the State shall be compelled to bear arms, provided he shall pay an equivalent to be ascertained by law. " In some States the constitutional provision is; "No person or persons conscientiously scrupulous of bearing arms, shall be com- pelled to do militia duty in time of peace, provided such person or persons shall pay an equivalent for such exemption. " Illinois. In some States it is, also, thus provided; "that no priest, preacher of the Gospel, or teacher of any religious denomination (r) See above in this chapter, the head " Religious liberty," &c. 20* 234 STATE BILLS OF EIGHTS. [PART n. or sect, regularly ordained as such, shall be subject to militia duty, or compelled to bear arms. " Missouri. Standing armies. 60. It is generally declared in these Bills of Rights in relation to standing armies ; " That standing armies are dangerous to liberty, and ought not to be raised or kept up, without the consent of the Legislature. " ' ' ISTo standing army shall, in time of peace, be kept up, without the consent of the Legislature.'' By the federal Constitution there is a prohibition on the several States. ' ' No State shall, without the consent of Congress, keep troops or ships of war, in time of peace." Cons, of U. S., Art. I , Sect. X. 2. Quartering of soldiers. 61. The provision on this subject is, generally, "that no sol- dier shall, in time of peace, be quartered in any house, without the consent of the owner, nor in time of war but in a manner to be prescribed by law. " Martial law. 62. In some of the States it is declared ; "that no person can in any case be subjected to martial law, or to any pains and penal- ties by virtue of that law, (except those employed in the army or navy, and except the militia in actual service, ) but by authority of the Legislature." Massachusetts, New Hampshire. Subordination of the military power. 63. In general, it is provided, that ' ' in all cases, and at all times, the military shall be in strict subordination, and be governed by the civil power. ' ' Imprisonment for debt. 64. In most of the States it is provided, "that the person of a debtor, where there is not strong presumption of fraud, shall not be continued in prison, after delivering up his estate for the use of his creditors, in such manner as shall be prescribed by law. ' ' " The person of a debtor cannot be imprisoned for debt after he shall have delivered up his property for the benefit of his creditors, in such manner as shall be prescribed by law.'' " No person shall be imprisoned for debt. " Cons, of Texas. ' ' No person shall be imprisoned for debt in any civil action on mesne or final process, unless in cases of fraud ; and no person shall be imprisoned for a militia fine in time of peace. " California. {!) (J) See Part II. chap. IV , head " Religious Liberty," &c. OH. tn.] STATE BILLS OP RIGHTS. 235 Education. 65. In some of the States it is declared, " that education ought to be encouraged by legislative provision." " Religion, morality and knowledge being essentially necessary to the government and happiness of mankind, schools and the means of instruction shall forever be encouraged by legislative pro- vision, not inconsistent with the rights of conscience." Ohio. In some of the State Constitutions it is provided, "that the arts and sciences shall be promoted, and ' ' that the Legislature shall provide by law for the establishment of schools throughout the State." {m) "In some States it is constitutionally provided ; " The Legisla- lature shall, as soon as conveniently may be, provide by law for the establishment of schools throughout the State, in such manner that the poor may be taught gratis." Promulgation of the laws. 66. In some of the State Bills of Rights there are particular provisions on this subject. ' ' No person shall be punished but in virtue of a law established and promulgated prior to the offence, and legally applied. " Mis- souri, Alabama. ' ' No Act of the General Assembly shall be in force until it shall have been published in print." Indiana. "Within five years after the adoption of the Constitution, the body of our laws, civil and criminal, shall be revised, digested and arranged, under proper heads, and promulgated in such a manner as the General Assembly may direct ; and a like revision, digest and promulgation shall be made within every subsequent period of ten years." Alabama. Suspension of laws. 61. It is generally declared, "that no power of suspending laws shall be exercised, unless by the Legislature." The State Constitutions in general, declare that no power of sus- pending laws shall be exercised, unless by the Legislature, or its authority. Monarchs in Europe had suspended the operation of the laws of their realms ; and there had been cases in which the Governors of the Provinces in this country, by the command of the King of Great Britain, had assumed the like authority. It was designed by these provisions, to establish fundamentally and permanently the correct principle of free government on this subject. Suits against the State. 68. It is thus provided in some of the States on this subject Cm; See Part II. chap. lY. 236 STATE BILLS OF BIGHTS. [PABT H. ' ' Suits may be brouglit against tlie State in suoli a mauuer, and in such com-ts, as the Legislature may by law direct." Tennessee. Delaware. " The Legislature shall by law direct in what manner, and in what courts, suits maybe brought against the State. " Missis- sippi. Slavery and servitude. 69. Some of the Declarations of Rights contain provisions ex- pressly and specially prohibiting slavery. ' ' There shall be neither slavery nor involuntary servitude in the State, otherwise than for the punishment of crimes, whereof the party shall be duly convicted. " Ohio, Indiana, Wisconsin, Iowa, Illinois, California. " iSTo male person, born in this country, or brought fi'om over sea, ought to be holden by law to serve any person as a servant, slave, or apprentice, after he arrives to the age of twenty-one years, nor female, in like manner, after she arrives at the age of eighteen years, unless they are bound by their consent, after they arrive at such age, or bound by law for the payment of debts, damages, fines, costs, or the like.'' Vermont. In some of the States there are express special provisions con- cerning slavery and slaves, in their Constitutions, though not in those parts thereof denominated Declarations of Eights, which pro- visions are given, or noticed, in chapter lY , Part II. See in that chapter as to Georgia, Kentucky, Illinois, Mississippi, Alabama, Wisconsin, Iowa. to. In some of the States there are such provisions as the fol- lowing, viz. ; ' ' Xor shall any male person, arrived at the age of twenty-one years, nor female person arrived at the age of eighteen years, be held to serve any person as a servant, under pretence of indenture or otherwise, unless said person shall enter into such in- denture while in a state of perfect freedom, and on condition of bona fide consideration, received or to be received for their service, except as l^efore stated, (that is, in the ease of punishment of crimes. ) j!>for shall any indenture of any negro or mulatto, made and executed out of the State, or made within the State when the term of service exceeds a year, be of the least validity, except those given in the case of apprenticeship." Oliio. See, also, as to constitutional provisions on this subject, in chapter, lY. Part 11. Administration of justice. 71. What do the State Bills of Rights provide as to the ob- taining a remedy by law for wrongs or injuries ? CH. HI. j STATE BILLS OF RIGHTS, 2St Generally, that all courts shall be open ; and every person, for an injury done hira in his land, goods, person, or reputation, shallS have remedy by due course of law, and right and justice done him without denial or delay:" Or, as it is expressed, in some of the States, " and every pereon shall obtain right and justice freely, with- out being obliged to purchase it ; completely, without denial } promptly, without delay ; conformably to the laws. " ' ' No person shall be debarred from prosecuting or defending any civil cause, for or against himself, before any tribunal in the State, by himself or counsel." Alabama. See, also, above in this chapter, the heads ' ' Searches and seiz- ures," "Rights of accused persons," and "trial by jury." Right of emigration. T2. There is, in general, a constitutional provision; "That emigration from the State shall not be prohibited. ' ' Latv of primogeniture. IB. "The law of primogeniture, " — "shall never be in force in this State. " Texas. Entailments. 74. "Nor shall the law," — " of entailments ever exist in this State." Texas. Witnesses. 75. " Nor shall witnesses be unreasonably detained. " Cons, of California. Uniformity of laws. 76. " All laws of a general nature shall have a uniform opera- tion. ' ' California. Bights of foreigners. 77. "Foreigners who are or may hereafter become bona fide residents of this State, shall enjoy the same rights in respect to the possession, enjoyment and inheritance of property, as native born citizens. " California, Wisconsin, Iwjoa. Title to land, and tenure. 78. "All lands within the State are declared to be allodial, and feudal tenures are prohibited. Leases aud grants of agri- cultural land for a longer term than fifteen years, in which rent or service of any kind shall be reserved, and all fines and like re- straints upon alienation, reserved in any grant of land, hereafter made, are declared to be void." Cons, of Wisconsin. 238 STATE BILLS OF RIGHTS. [PAST H. Reserved rights of the people. V9. In some of the States, it is declared ; "The enumeration of certain rights, in the Constitution, shall ffiot impair or deny others retained by the people." I CHAPTER IV. LEGISLATURES OF THE STATES. 1. In all the States, by their Constitutions respectively, the legislative authority is made a particular and specific one, to be exercised distinctly from the other powers of government. It is so provided in accordance with the system of republican govern- ments by which their powers are distributed among different de- partments, (d) This authority is termed, in the Constitutions, ' ' the legislative power of the State," or, "the supreme legislative power of the State ; ' ' being assigned, as such, to a body of persons, elected periodically by the people. 2. The legislative power of each State is vested, by its Constitu- tion, in a legislature, or "General Assembly, " consistiing in gen- eral of two branches, a Senate and House of Representatives or Del- egates ; elected by the people of the State. In Massachusetts and New Hampshire the Legislature, consist- ing of two branches, is called the "General Court" of the par- ticular State. In North Carolina the most numerous branch of the Legislature is styled "the House of Commons." In Massa- chusetts the Senators are Counsellors. In New Jersey the gov- ernment is vested in a Governor, Legislative Council and General Assembly. In Vermont the Legislature consists of one branch, called the General Assembly. In Texas the legislative power is vested in two branches, which together are termed the Legislature of Texas. The nature, in general, of the legislative department of a gov- ernment, and the expediency of its being made to consist of two branches, have been the subject of previous remarks. (&) 3. The two branches of a State Legislature act separately and independently in their deliberations and proceedings, for the mak- ing of laws ; though the assent of both branches is necessary to the final passing of a law. (c) With respect to legislative duties, the powers of each branch are, in general, the same. They differ, however, in regard to some im- (a) See, above, Part II, cliapt. I. (b) See Part I, cliapt. Ill, p. 36. (c) See, further on in this chapter, the head " Mode of passing laws." 239 240 STATE LEGISLATURES. [PART H. portant matters, as will be seeu under the various subsequent heads of this chapter. 4. The authority of a State Legislature includes, in general, the power of originating and proposing laws, altering and amend- ing projects thereof, and deliberating and deciding thereon, at its discretion. The manner in which the action is had, in the enact- ment of laws, is shown under the proper head in this chapter. 5. In general, the acts done, or laws passed by tne Legislature, may be revoked or repealed, altered or amended, by it at another session thereof, or at any other time. They are not binding, in reference to its subsequent action thereon. Contracts made, or rights vested, however, whether under the State or between indi- viduals, by former laws, cannot constitutionally be thus impaired, destroyed or changed. (^) Jfumher of members thereof. 6. The number of members in the Legislatures of the States respectively is generally limited by the Constitutions of the States respectively ; in many of the States it is not less than sixty nor more than one hundred in the House of Representatives or most numerous branch, and in the Senate not less than one-fourth nor more than one-third of the number of Representatives. In some of the States the number is greater, and in others less. Apportionment of members. 7. The members of the Legislatures of the several States are apportioned among the counties and districts thereof, according to the number of taxables in each county or district, or, in some States, of the white male adults ; for which purpose an enumera- tion thereof is made at certain periods. Qualifcations. 8. The qualifications, generally required, to be a member of a State Legislature, are, that a person be a citizen of the State, a resident therein, that he be an adult of a certain age, and have resided for a certain time in the district or county for which he may be elected. A greater age and longer residence are generally required as qualifications of a Senator than of a Representative. 9. In some of the State Constitutions it is provided, that ministers of the gospel, priests o;* clergymen of any religious denomination, shall not be eligible to the Legislatures. See Part II. chap. Ill, head "Religious liberty." 10. It is also declared by some of the State Constitutions that persons guilty of particular offences, as bribery at elections, im- properly influencing voters, and the like, shall not be elected to the Legislatures. See, further on, chap. YII. (d) See Part I. chap. V. OH. IV.] STATE LEOISLATURES, 241 11. In some of the States, by their Constitutions, duelists, or persons who have been concerned in sending or accepting a chal- lenge to fight a duel, are declared to be incapable of holding any office of trust or profit ; or of being a member of the Legislature. 12. "No person who hereafter may be a collector, or holder of public money, shall have a seat in either House of the General Assembly, until such person shall have accounted for and paid into the treasury all sums for which he may be accountable. ' ' Cons, of Indiana, Alabama, Louisiana, Ohio, Tennessee, Kentucky. Incompatibility of offices. 13. What is generally provided in a State Constitution as to officers of the United States being ineligible to its Legislature ? That no member of Congress or officer under the United States shall be a member of the State Legislature. 14. What is generally so provided as to State officers ? That a person holding an office (except of attorney at law, or in the militia) under the State, shall not be a member of the Legis- lature. 15. In some of the States other particular officers are made ineligible to the Legislature. In some of the State Constitutions it is provided, that "no judge of any court of law or equity, secretary of State, attorney general, clerk of any court of record, sheriff or collector, or any person holding a lucrative office under the United States, or the State, or any foreign government, shall be eligible to the Legisla- ture, "(e) Election of members thereof. 17. As to the qualifications of electors of members of the State liCgislatures : In general, at all elections by the people, every white freeman, being a citizen of the United States, of the age of twenty-one years, who has resided in the State for one year pre- ceding, unless absent on public business, who is an actual resident of the township or district where the election is held, and who has paid a State or county tax, is entitled to vote. . In some of the States, it is required that a person shall be a freeholder, or own a certain amount of property, in order to his enjoying the rights of an elector. In other States, the right of suffrage is universal ; neither the payment of taxes, nbr the owning of property, being- requisite to the exercise of it. The qualifications necessary in electors of the most numerous branch of the State Legislature are requisite in electors of United States officers. See Part II. chap. VII, head '^Elections." (e) See this head in Part II. chap, VIL 21 242 STATE LEGISLATURES. [PART II, In some States, the qualifications of voters for the Senate are different from those of voters for members of the other branch of the Legislature. Oath of office. 18. "The members of the State Legislatures," — "shall be bound by oath or affirmation to support this Constitution." Coni<. of U. S. 19. It is generally provided, by the Constitution of a State, that the members of its Legislature shall be bound by oath or affirmation to support the Constitution of the State, and to perform the duties of their respective offices with fidelity. 20. "Each member of the Senate and House of Representatives shall, before they proceed to business, take an oath or affirmation, to support the Constitution of the United States, and of this State, and also the following oath: " I do solemnly swear (or affirm) that, as a member of this General Assembly, I will, in all appoint- ments, vote without favor, affection, partiality or prejudice ; and that I will not propose or assent to any bill, vote or resolution, which shall appear to me injurious to the people, or consent to any act or thing whatever, that has a tendency to lessen or abridge their rights and privileges, as declared by the Constitution of this State." Cons, of Tennessee. See head " Oaths of office," further on, chapter YII. Term of service. 21. The term of service of the members of the State Legisla- tures is various. Grenerally, the Representatives, or members of 'the most numerous branch, are elected for one year ; and the terms of service of the Senators vary in the different States, being in some for three years, and so arranged that one-third of the number is elected every year, and in other States for a shorter or longer period. In some States the Representatives are elected for two years. Members of the Legislatures may, in general, be re-elected, after the expiration of a particular term of service, indefinitely. Time of meeting. 22. The State Legislatures are required to meet, in general, at least once a year, as directed by their Constitutions respectively. In some States, the regular time of their meeting is only once in two years ; as in Texas. Generally, in each State the Governor is authorized, by the Constitution thereof, to convene the Legislature at other times, on extraordinary occasions. CH. IV.] STATE LEGISLATURES. 243 The Governor ' ' may, on extraordinary occasions, convene the General Assembly by proclamation ; and shall state to them, when assembled, the purpose for which they shall have been convened ; but they shall enter on no legislative business, except that for which they were especially called together. " Cons, of Kentucky, of 1834. 23. The members of the Legislature may be compelled to attend their meetings. It is generally provided, in a State Con- stitution, that each branch of the Legislature may compel its members to attend its sessions. Adjournment 24. The State Legislatures may adjourn by the joint order or resolution of both houses thereof, at any time. They may thus adjourn to any time which is before the next election for members thereof As to the power of either House of a State Legislature to adjourn, generally, it is constitutionally provided that neither House can adjourn for more than three days ; nor to any other place, than that in which the two Houses are sitting. In some of the States, the Governor of the State is authorized, by the Constitution thereof, in case of disagreement between the two Houses of the Legislature as to the time of their adjournment, to adjourn the same to such time as he shall see proper, not exceed- ing a limited period, or, not beyond the time of the next annual meeting of the Legislature. Such adjournment cannot be to a time beyond the next election of members of the Legislature. As to this power of the Governor, the reader is referred to the next chap- ter. It thus appears, that in general, the duration of the session of a State Legislature, and the frequency of its sessions beyond the regular period are determined by itself at its discretion. In some States this power is limited by their Constitutions. Privilege of members from arrest. 25. Members of the State Legislatures have certain privileges in regard to arrests and suits at law. By the State Constitutions, it is generally provided, that they shall be privileged from arrest during their attendance at the ses- •sions of their respective Houses, and in going to and returning from the same, in all cases except treason, felony, and breach or surety of the peace. It has been adjudged in some of the States, that members of the Legislatures are privileged, at common law, from arrests, summons, citation or other civil process, during their attendance on the pub- lic business confided to them, 4 Dallas^ Iieports.,p. 101. 244 STATE LEGISLATURES. [PART H. " Members of the Legislature — shall not be subject to any civil process, during the session of the Legislature, nor for fifteen days next before and after the termination of each session. ' ' California, Wisconsin. Freedom of speech or debate, 26. With regard to the privilege of members of the State Legislatures as to speech or debate therein, there is generally a constitutional provision of the State that they shall not be ques- tioned for any speech or debate in the Legislature, (e) Compensation of members. 2T. In most of the States it is constitutionally provided that the members of the Legislatures shall receive a compensation for their services, to be ascertained by law, and paid by the State ; in some instances the amount, or the maximum thereof, being fixed by the Constitution. In some of the States it is also so provided, that no increase of such compensation shall take effect during the year in which it shall be made ; or, that no alteration thereof shall be made by any Legislature, to take effect during the existence of the Legislature which shall make such alteration ; or, that the compensation may be increased or diminished by law, but no alteration shall take effect during the session at which such alteration shall be made. The compensation is generally a certain sum for every day during their attendance on the session or sessions of the Legislature, and in going to and returning from the same ; or for such attendance and a certain rate for travelling expenses. SEPARATE POWERS AND DUTIES OF EACH HOUSE. 28. It is generally provided in a State Constitution, that each House shall have all the powers necessary for a branch of the Legislature of a free State. As to the election and qualification of members. 29. In general, it is expressly provided in the State Constitu- tion, that each House of the Legislature is to judge of the quali- fications of its own members. Contested elections of members are, also, to be determined by the Legislature of the State, in such manner as is directed by law. It is meant by these provisions, that each House should have the power of judging and determining whether the persons had the qualifications required, or whether their election was had accord- ing to the Constitution and laws of the State. CeJ See Part I. chap. III. I CH. IV.] STATE LEGISLATURES. 345 Quorum. 30. A majority of each House of a State Legislature consti- tutes a quorum to do business. And there is generally provision by law for compelling the attendance of absent members. A smaller number than the majority in each House may adjourn from day to day. In some States two-thirds of each House of the Legislature is necessary to constitute a quorum to do business ; as in Tennessee. Either House is organized by the attendance of a quorum of its members, and the election of its officers, when all questions before it are, in general, according to its rules of proceeding, determined by a majority of the members present. In some cases, the assent of a greater number is made, by the Constitution, necessary to a decision or to the passing of a bill, order or resolution, (f) Each House is thus organized at the first meeting of its members after their election, being then a new House ; to be continued, during all its sessions, during the time of service of the members ; though its officers may be changed at its pleasure. Officers. 3L The usual officers of each House are a President or Speaker, as presiding officer, a Secretary or Clerk, a Sergeant-at-arms, and a door-keeper, with deputies and assistants of these last mentioned officers. In general, each House chooses its own officers. In States where there is a Lieutenant-Grovernor, he is, generally, by virtue of his office. President of the Senate, having a right to debate in committee of the whole, and when the Senate is equally iivided to give the casting vote. Rules of proceeding. 32. It is, in general, constitutionally provided, that each House shall determine the rules of its proceeding. It is implied that these rules shall be consistent with the federal Constitution and that of the particular State, and with the laws of the State. Power to punish its members 33. Each House may punish its members for disorderly beha- viour. It is generally so provided by the State Constitution. Expulsion of members. 34. What power has each branch of a State Legislature to expel any of its members ? It is generally provided in the Constitution of a State that each House of its Legislature may, with the concurrence of two-thirds, (/) See Part I. chap. ITT. 80, and this ehap. 21* 24$ STATE LEGISLATURES. [PART H. expel a member. In some States a member cannot be thus ex- pelled a second time for the same, cause as in Yirginia. Mem- bers of a Legislature cannot be removed by impeachment. They may be punished by indictment before the courts of justice for bri- bery, corruption or other misdemeanor, (g) In "Vermont, it is provided by its Constitution, that the Legisla- ture ' ' may expel members, but not for causes known to their own constituents antecedent to their election." Contempt. 35. Each House of a State Legislature has the power, gen- erally given expressly by the Constitution of the State, to punish its own members for misbehaviour or contempt : and it has the im- plied power, arising from the nature of its duties, and necessary for their performance, to commit and imprison other persons for contempt, (h) In some of the States it is expressly provided by their Constitu- tions, respectively, that " either House of the Legislature shall have authority to punish by imprisonment any person not a member thereof, for contempt or disorder." It is generally considered that the imprisonment cannot be for a longer time than during the session of the Legislature. To sit with open doors. 36. It is generally provided in the Constitution of a State, that each House of the Legislature shall sit with open doors imless the business shall be such as ought to be kept secret. Journal. 37. It is generally required by the Constitution of a State, that each House of its Legislature shall keep a journal of its proceed- ings, and publish it from time to time, except such part^as may require secresy. Yeas and nays. 38. It is generally provided in the Constitution of every State that the yeas and nays of the members of each House of its Legis- lature shall be taken, on any question, at the request of a certain number of the members, and entered on its journal. In some States it is done at the request of two members ; in others, of a greater number. At the calling of the yeas and nays, every mem- ber may be compelled to vote, unless excused. ' ' The ayes and noes shall be taken in each House upon the final passage of every bill, of a general character, and bills making appropriations of public monies." Cons, of Tennessee. (g) See Part I. chap. Ill , head " Impeachment." (h) See Part I. chap. III., par. 93. CH. rV. ] STATE LEGISLATURES. 24T On a reconsideration of a bill which has been disapproved by the Governor or executive power, the yeas and nays are in general required to be taken and entered on the journal. In some of the States it is made imperative, by the Constitution, that the yeas and nays shall be taken in each House of the Legis- lature on particular questions. Originating of laivs. 39. In general, all laws may be originated in either branch of the Legislature of a State. In Virginia, it is provided by its Constitution : "All laws shall originate in the House of Delegates, to be approved or rejected by the Senate, or to be amended with the consent of the House of Delegates. " ^ In some of the States it is constitutionally provided, that all bills for raising revenue shall originate in the House of Repre- sentatives of the State, the Senate having the power of amendment. In general, also, each House has the power of proposing amendments to all bills or drafts of laws passed by the other House. "Bills may originate in either House, but may be altered, amended or rejected by the other." Cons, of Ohio, Tennessee, Indiana. In the language of some of the State Constitutions, each House "shall have a negative on the other." Prohibitions on the members. 40. "No member of the Council or House of Representatives shall, directly or indirectly, receive any fee or reward to bring forward or advocate any bill, petition, or other business, to be transacted in the Legislature ; or advocate any cause, as counsel, in either house of legislation, except when employed in behalf of the State." Cons, of Vermont. Adjournment. 40. The Constitution of a State generally provides, in relation to the Legislature, that "neither House shall, without the consent of the other, adjourn for more than three days, nor to any other place than that in which the two Houses shall be sitting. ' ' A smaller number than a majority of each House may adjourn from day to day, Vacancies. 41. Vacancies in the State Legislatures are supplied by the people at new elections. The Governor by his proclamation, or the Speaker of the proper 248 STATE LEGISLATURES. [PART H. House, by tis warrant, orders a special election in the vacant district. The terra of service of Senators and Represeutatives in the State Legislatures is an integral term, so that when a vacancy occurs by death, resignation or otherwise, the person elected to fill it only serves out the unexpired time. Right of protest. 42. ' ' Any member of either House of the General Assembly shall have liberty to dissent from, and protest against, any act or resolve which he may think injurious to the public or to any indi- vidual, and to have the reasons for his dissent enter-ed on the journal. " Cons, of Tennessee, Indiana and North Carolina. In ^io and Illinois the constitutional provision is, that any two members of either House shall have such a right. GENERAL DUTIES AND POWERS OP THE STATE LEGISLATURES. 43. The duties and powers of the Legislature of a State are declared by its Constitution. All legislative authority is only by virtue of the Constitution ; being vested, for the most part, in general terms, with special grants and limitations in particular instances. Certain duties are prescribed by the federal Constitu- tion to the State Legislatures respectively, as in respect to the election of Senators and Representatives in Congress. The State Legislatures are vested with only limited powers ; there being restrictions as to the exercise of power by them, in the federal Constitution, and in those of their own States respectively. 44. There are limitations in the federal Constitution, of the powers of the State Legislatures, by the express prohibitions in it of certain powers to the several States or the Legislatures thereof, and by the grant of some exclusive power to Congress or the general government, (j) 45. The powers of the State Legislatures may be classed, as powers granted, expressly or impliedly, and powers prohibited or limited. 46. The powers of the State Legislatures are granted in the Constitutions respectively, for the most part, in general terms, and by conferring express powers or imposing duties which necessarily imply them. 47. The limitations of these powers in the State Constitutions are by specific prohibitions, or limitations, or by provisions and declarations involving the same, (k) 48. The rule of construction, then, as to the power of the Legis- (j) See Part I. chap. V. (k) See Part II. chap. UI. CH. IV.] STATE LEGISLATURES. 249 lature of tlio States, under their Constitutions respectively, is, that the grant of power is general, and the prohibition or limitation of it is special. A different rule prevails as to the construction of the powers of Congress, or the general government, under the federal Constitu- tion ; as has been seen in the first part of this work.(?) 49. The powers conferred on the Legislature of a State, by its Constitution, are those so conferred by having vested in it the Legis- lative power of the State, and those which are specific powers ex- pressly granted. 50. A Legislature by having vested in it the legislative power of the State, possesses all the general and necessary power of the Legislature of a free government ; not prohibited to it by the Con- stitution of the United States, or that of the State, or contrary to any provision thereof. In some States it is expressly provided, in their Constitutions, ' ' that the Legislature shall have power to make all laws which tbey shall deem necessary and proper for the good of the State, and which shall not be repugnant to the Constitution." Georgia. 61. The powers prohibited to the Legislature of a State, by its Constitution, are those specific powers expressly forbidden and those which are contrary to any provision of the Constitution. 52. There are powers which may be exercised concurrently by Congress and the State Legislature. They are called concurrent powers, and have been treated of here in the order of the general subject. (??i) 53. The nature and extent of the powers of the Legislature of a State, in reference to the relation of the State to the general gov- ernment, and in regard to the general subjects on which Congress has legislated, are matters of great importance. It will be seen, that the nature of this relation, and the distinctions growing out of it, have been kept in view in the previous parts of this work, and throughout it. It has been the aim, to present the general prin- ciples applicable to the subject, in their proper connection, (n) 54. The principles and rules of construction, which have been given, in reference to the powers of Congress, have a material bearing, in many respects, as to the authority of a State Legisla- ture ; as those are important also, for that purpose, which relate to the construction of Constitutions in general, and to constitutional law.(o) Eleciion of Senators and Representatives in Congress. 55. There are certain duties prescribed by the federal Constitu- (l) See Part I, cliapt. Ill, II. (m) See Part I, chapt. I, p. 24, chapt. II, p. 33, and cliapt III, p. 50, 51. (n) See Part I, cliapt. II, III. (o) See part I. chapt. II. 250 STATE LEGISLATURES. [PART H. tion, to the several State Legislatures, in respect to the election of Senators and Representatives in Congress. "The Senate of the United States, shall be composed of two Senators from each State, chosen by the Legislature thereof, for six years." Cons, of U. S. Art. 1. Sect. 3. "The times, places, and manner of holding elections for Sena- tors and Representatives, shall be prescribed in each State, by the Legislature thereof, but the Congress may, at 'any time, bylaw,, make or alter such regulations, except as to tlie place of choosing Senators." Cons, of U. S., Art. I. Sect. 4. These subjects are treated of also, in Part I. chapter III. Appointments to office. 56. In many of the States it is provided by their Constitutions, that certain officers shall be appointed by the Legislature of the State, or by the Senate ; or that they shall be nominated by the Governor of the State, and be appointed by and with the appro- bation of the Legislature or of the Senate. And in some States the power of appointing officers, except in particular cases, may be prescribed by law, and of course may be vested in the Legisla- ture of the State. In some States, it is provided by the Constitution of a State that in elections to office by the Legislature the vote shall be given viva voce, as in North Carolina, Virginia. Impeachments. 57. It is generally provided in the State Constitutions that all ci^il officers of the State may be impeached for misdemeanor in office. Impeachments are, mostly, preferred by the House of Representatives of the State, and tried by the Senate. Revenue. Taxes. 59. In some of the States, by their Constitutions, two-thirds of the members of their Legislatures respectively must be present in order to raise a State tax. ' ' All bills for raising revenue shall originate in the House of Representatives, but the Senate may amend or reject, as in other bills." Cons, of Indiana, Mississippi. ' ' All bills for raising revenue shall originate in the House of Representatives, but the Senate may propose amendments as in other bills : provided that they shall not introduce any new matter, under color of an amendment, which does not relate to raising a revenue." Cons, of Louisiana, Maine, Kentucky. 60. In general, a Legislature may tax for State purposes, con- sistently with the federal Constitution and that of the State, all estates and property, in such manner as it may deem proper. CH. IV.] STATE LEGISLATURES, 251 ' ' All property shall be taxed according to its value ; that Talue to be ascertained in such manner as the Legislature shall direct, so that the same shall be equal and uniform throughout the State. Xo one species of property, from which a tax may be collected, shall be taxed higher than any other species of property of equal value. But the Legislature shall have power to tax merchants, pedlars and other privileges, in such manner as they may, from \ime to time, direct. A tax on white polls shall be laid, in such manner and of such an amount, as maybe prescribed bylaw." Cons, of Tennessee. ' ' No article manufactured of the produce of this State shall be taxed otherwise than to pay inspection fees." Cons, of Ten- nessee. "Nor shall lands belonging to persons residing out of the limits of the State ever be taxed higher than the lands belonging to persons residing within the State." Cons, of Missouri. " The mode of levying a tax shall be by valuation ; so that every person shall pay a tax in proportion to the value of the property which he or she has in his or her possession." Cons, of Illinois. ' ' The Legislature shall provide for an annual sum sufficient to defray the estimated expenses of the State for each year ; and whenever the expenses for any year shall exceed the income, the Legislature shall provide for levying a tax for the ensuing year, sufficient, with other sources of income, to pay the deficiency, as well as the estimated expenses of such ensuing year." Cons, of Wisconsin. App7'opriation of money. 61. "No appropriation of money shall be made for a longer period than two years ; except for purposes of education ; and no appropriation for private or individual purposes, or for purposes of internal improvement, shall be made without the concurrence of two- thirds of the Legislature." Cons, of Texas. "Nor shall any appropriation of money for the support of aa army be made for a longer period than one year. " Cons, of Kentucky. State debts and loans. 62. In some States the power of the Legislatures to make loans, or contract debts, or provide therefor, is constitutionally limited. " The aggregate amount of debts hereafter contracted by the Legislature shall never exceed the sum of one hundred thousand dollars, except in case of war, to repel invasions, or suppress insur- rections ; and in no case shall any amount be borrowed, except by a vote of two-thirds of both houses of the Legislature. " Cons, of Texas. 252 STATE LEGISLATUBES. L^ART H. "]S'o law shall ever be passed to raise a loan of money upon the credit of the State, or to pledge the faith of the State for the pay- ment or redemption of any loan or debt, unless such law be pro- posed in the Senate or House of Representatives, and be agreed to by a majority of the members of each House, and entered on the journals with the yeas and nays taken thereon, and be refeiTed to the next succeeding Legislature, and published for three months previous to the next regular election, in three newspapers of the State, and unless a majority of each branch of the Legislature, so elected, after such publication, shall agree to and pass such law ; and in such ease the yeas and nays shall be taken and entered on the journals of each House." Cons, of 3Iississi2Dpi. "The credit of the State shall not in any manner be given or loaned to, or in aid of any individual, association or corporation ; aor shall the State directly or indirectly become a stockholder in any association or corporation." Cons, of California, loica. "The Legislature shall not in any manner create any debt, debts, or liability, which shall singly or in the aggregate with any previous debts, or liabilities, exceed the sum of three hundred thou- sand dollars, except in case of war, to repel invasion or suppress in- surrection, unless the same shall be authorized by some law for some single object or work, to be distinctly specified therein, which law shall- provide ways and means, exclusive of loans, for the pay- ment of the interest of such debt or liability, as it falls due, and also pay and discharge the principal of such debt or liability with- in twenty years from the time of contracting thereof, and shall be unrepealable until the principal and interest thereon shall be dis- charged ; but no such law shall take effect until, at a general elec- tion, it shall be submitted to the people, and have received a ma- jority of all the votes cast for and against it at such election." Cons, of California, Iowa. Corporations. 63. ' ' Xo private corporation shall be created unless the bill creating it shall be passed by two-thirds of both Houses of the Legislature ; and two-thirds of the Legislature shall have power to repeal and revoke, all private coi*poration3, by making compen- sation for the franchise ; and the State shall not be part owner of the stock or property belonging to any private corporation. ' ' Cons, of Texas. " Xo law hereafter enacted shall create, renew or extend the charter of more than one corporation, ' ' Cotis. of Pennsylvania, Art. I, Sec. XXY. " No Act of incorporation, except for the renewal of existing corporations, shall be hereafter enacted without the concurrence of two-thirds of each branch of the Legislature, and with a re- CH IV. j STATE LEGISLATtTRES, 253 served power of revocation by the Legislature ; and no Act of in- coq^oration which may be hereafter enacted shall continue in force for a longer period than twenty years, without the re-enactment of the Legislature, unless it be an incorporation for public improve- ment." Cons, of Delaware, " Corporations may be formed under general laws, but shall not be created by special Act, except for municipal purposes. All general laws, or special Acts, passed pursuant to this section, may be altered from time to time or repealed." Cons, of California, "Dues from corporations shall be secured by such individual liability of the corporators, and other means, as may be prescribed by law. ' ' Cons, of California. Each stockholder of a corporation, or joint-stock association, shall be individually and personally liable for his pi'oportion of all its debts and liabilities. Cons, of California. ' ' The State shall not, directly or indirectly, become a stockholder in any corporation. " Cons, of California, Iowa. Currency. 64. " And in no case shall the Legislature have power to issue treasury warrants, treasury notes, or paper of any description, in- tended to circulate as money." Cons, of Texas. The Legislature shall prohibit, by law, individuals from issuing bills, checks, promissory notes or other paper, to circulate as money." Cons, of Texas. Banks. 65. In some States it is constitutionally provided that no banks shall be incorporated. ' ' No corporate body shall hereafter be created, renewed or ex- tended, with banking or discounting privileges." Cons, of Texas. " No corporate body shall be hereafter created, renewed or ex- tended, with banking or discounting privileges, without six months previous public notice of the intended application for the same, in such manner as shall be prescribed by law. Nor shall any charter for the purposes aforesaid be granted for a longer period than twenty years, and every such charter shall contain a clause reserv- ing to the Legislature the power to alter, revoke or annul the same, whenever in the opinion of the Legislature it may be injurious to the citizens of the Commonwealth, in such manner, however, that no injustice shall be done to the corporators, " Cons, of Pa., Art. I, Sect. XXV. ' ' One State Bank may be established with such a number of branches as the General Assembly shall from time to time deem expedient : Provided, that no branch bank shall be established, nor 22 254 STATE LEGISLATURES. [PART n. bank charter renewed, under the authority of the State, without the concurrence of two-thirds of both Houses of the General As- sembly ; and provi-ded, also, that not more than one bank or branch bank shall be established, nor bank charter renewed, at one session of the General Assembly ; nor shall any bank or branch be estab- •lished, or bank charter be renewed, but in conformity with the fol- lowing provisions : 1. At least two-fifths of the capital stock shall be reserved for the State. 2. A proportion of power in the direction of the bank shall he reserved to the State, equal at least to its proportion of stock therein. 3. The State, and the individual stockholders, shall be liable respectively, for the debts of the bank, in proportion to their stock holden therein. 4. The remedy for collecting debts shall be reciprocal, for and against the banks. 5. 1^0 bank shall commence operations until half of the capital stock subscribed for, be actually paid, in gold or silver, which amount shall in no case, be less than one hundred thousand dollars. 6. In case any bank or branch bank shall neglect or refuse to pay, on demand, any bill, note or obligation, issued by the corpor- ation, according to the promise therein expressed, the holder of any such note, bill or obligation, shall be entitled to receive and ;i'ecover interest thereon, until the same shall be paid, or specie payments be resumed by the said bank, at the rate of twelve per cent, per annum from the date of such demand, unless the General Assembly shall sanction such suspension of specie payments ; and the General Assembly shall have power, after such neglect or refusal, to adopt such measures as they shall deem proper to protect and secure the rights of all concerned, and to declare the charter of the bank forfeited. T. After the establishment of a general State bank, the banks of the State now existing may be admitted as branches thereof, upon such terms as the Legislature and the said banks shall agree, subject, nevertheless, to the preceding rules." Cons, of Ala- bama. "There shall not be established or incorporated in this State jiny bank or banking company, or moneyed institution, for the pur- pose of issuing bills of credit, or bills payable to order or bearer : Provided, that nothing herein contained shall be so construed as to prevent the General Assembly from establishing a State bank and branches, not exceeding one branch for any three counties, to be established at such places within the said counties as the directors of the State bank may select ; provided, there be subscribed and paid in specie, on the part of the individuals, a sum equal to thirty thousand dollars," Cons., of the State of Indiana, CH. IV ] STATE LEGISLATURES. 355 ' ' That there shall be no banks or moneyed institutions in this State but those ah-eady provided by law, except a State bank and its branches, which may be established and regulated by the General Assembly of the State as they may think proper." Cons, of Illinois. ' ' The General Assembly may incorporate one banking company and no more, to be in operation at the same time. " ' ' The bank to be incorporated may have any number of branches, not to exceed five, to be established by law ; and not more than one branch shall be established at any one session of the General Assembly, The capital stock of the bank to be incorporated shall never exceed five millions of dollars, at least one-third of which shall be reserved for the use of the State." Co7is. a/Mississippi. ' ' The Legislature shall have no power to pass any Act granting any charter for banking purposes ; but associations may be formed under general laws for the deposit of gold and silver ; but no such association shall make, issue, or put in circulation, any bill, check, ticket, certificate, promissory note, or other paper, or the paper of any bank, to circulate as money." Cons, of California. " The Legislature shall prohibit by law any person or persons, association, company or corporation, from exercising the privileges of banking, or creating paper to circulate as money." Cons, of California. Cities and boroughs. ' ' It shall be the duty of the Legislature to provide for the organization of cities and incorporated villages, and to restrict their power of taxation, assessment, borrowing money, contracting debts and loaning their credit, so as to prevent abuses in assess- ments and contracting debts by such municipal corporations. '^Cons. of California. Treasury, and State treasurer. 66. It is generally directed by the Constitution of a State, that no money shall be drawn from the treasury but in consequence of appropriations made by law. In most of the States the State Treasurer is elected by the Legislature ; and, when it consists of two branches, by the joint votes of both. In most of the States, it is a constitutional provision that an accurate statement of the receipt and expenditure of the public money shall be attached to, and published with the laws of the State, at every annual session of the Legislature. Education. 67. It is generally required by the Constitutions of the States 256 STATE LEGISLATURES. [PART FV. that education and learning shall be promoted in schools, colleges and academies. In many instances it is made the duty of the Legislature of the State to establish a general system of education, whereby all children may be taught gratis. The General Assembly shall — "provide bylaw for a general system of educf.tion, ascending in a regular gradation from town- ship schools to a State University, wherein tuition shall be taught gratis, and free to all." Indiana. In some States, the constitutional requirement is : "The Legislature shall, as soon as conveniently may be, pro- ■ vide for the establishment of schools throughout the State, in such manner that the poor may be taught gratis. ' ' Cons, of Pennsyl- vania, Art. YII, sect. I. ' ' The arts and sciences shall be promoted in one or more semi- naries of learning. " Cons, of Pennsylvania, Art. YII, sect. II. ' ' Schools shall be established by the Legislature, for the con- venient instruction of youth, with such salaries to the masters paid by the public, as may enable them to instruct at low prices ; and all useful learning shall be duly encouraged in one or more semi- naries. " North Carolina. In some instances it is provided, that there shall be a school fund established, or preserved, to be perpetual, the interest whereof to be inviolably appropriated to the support of common schools throughout the particular State. See the head Education, in Part I, chap. III. "The Legislature shall as early as practicable establish free schools throughout the State, and shall furnish means for their sup- port by taxation on property ; and it shall be the duty of the Legis- lature to set apart not less than one-tenth of the annual revenue of the State derivable from taxation, as a perpetual fund, which fund shall be appropriated to the support of free public schools. " Cons, of Texas. ' ' The proceeds of all land that may be granted by the United States to this State for the support of schools, which may be sold or disposed of, and the five hundred thousand acres of land granted to the new States, under the Act of Congress, distributing the pro- ceeds of the public lands among the several States of the Union, approved A.D., 1841; and all estates of deceased persons who may have died without leaving a will, or heir, and all such per cent, as may be granted by Congress on the sale of lands in this State, shall be and remain a perpetual fund, the interest of which, to- gether with all the rents of the unsold lands, and such other means as the Legislature may provide, shall be inviolably appropriated to the support of common schools throughout the State. ' ' Cons, of California, Iowa. Cri. IV. ] STATE LEGISLATURES. 25T la some of the States it is directed by their Constitutions, that provision shall be made by law for the establishment of a State University, and of a sufficient number of colleges. By some of these Constitutions it is provided, that the land granted to the State for the support of a university, shall be a per- petual fund for that purpose. Diffusion of knowledge 68. "The General Assembly, at the time they lay off a new- county, shall cause at least ten per cent, to be reserved out of the proceeds of the sale of town-lots, in the seat of justice of such county, for the use of a public library for such county ; and at the same session, they shall incorporate a library company, under such rules and regulations, as shall best secure its permanence and extend its benefits. ' ' Beneficent asiilums and institutions. 69. "It shall be the duty of the General Assembly, " "to provide one or more farms to be an asylum for those persons who, by reason of age, infirmity, or other misfortunes, may have a claim upon the aid and beneficence of society, on such principles that such persons may therein find employment and every reasonable comfort, and lose, by their usefulness, the degrading sense of dependence. " Cons, of Indiana. Lotteries. 70. In many of the State Constitutions, the Legislatures are ))rohibited to authorize lotteries, and required to prevent them. ' ' No lottery shall be authorized by the State ; and the buying and selling lottery tickets within this State is prohibited." Conn. re, no minister of tho Gospel, or priest of any denomi- nation whaisocver shall, at anv time hereafter, under any pre ence 298 A STATE AND STATE OFEICEBS. [PART IL or description whatsoeyer, be eligible to, or capable of liolding, any civil or military office or place witMn this State." Qualifications of electors. Right of suffrage. 20. The qualifications of persons to vote at elections for officers, are determined by the State Constitutions. In general, every white male person, being a citizen of the United States, of the age of twenty-one years, who has resided within the State for one year preceding, who is an. actual resident of tie district or to^vnship in which the election is held, and who has paid a State or county tax, is entitled to vote at all elections. Absence fi'om the State on public business does not affect the right to vote. In some of the States a property qualification is required. In other States the right of suJrage is universal; neither the payment of taxes, nor the owning of property being necessary to the exercise of it. In some States "paupers and persons under guardianship" are excluded, and also "Indians not taxed," and idiots and insane persons. In the State of Delaware the requisite age is twenty-two years. In the States of Massachusetts, Maine, ISTew Hampshire, Vermont, and Rhode Island, free colored persons, otherwise c[ualified, are entitled to the right of suffi.'age ; the Constitutions of those States extending it to " all persons, ' ' without distinction in regard to color or race, who are qualified. It is so, likewise, with respect to Indians, except those not taxed, in these States and some others ; whilst in particular States it is constitutionally provided that the Legislatures may extend the right of suffrage to Indians. In some States it is so required that electors, before voting, shall take an oath or affirmation to support the Constitution of the State, or a prescribed oath or affirmation of allegiance, and also one in regard to their duties as electors. See Cons, of Massa- chusetts, Connecticut. "Every man," otherwise qualified, "who will take the follow- ing oath or affirmation, shall be entitled to all the privileges of a freeman of this State. "You do swear (or affirm) that whenever you give your vote of suffrage touching any matter that concerns the State of Yermont, you will do it as in your conscience you shall judge will most con- duce to the good of the same, as established by the Constitution, without fear or favor of any man." Cons, of Vermont. In Yirginia, every white male citizen, of the age of twenty-one years, owning a freehold or a leasehold estate in land, in posses- sion or remainder, of a certain value ; or who has been a house- keeper and head of a family, for a year preceding the election, OH. VII. J A STATE AND STATE OFFICERS. 299 and who has paid within that time a State tax, is entitled to vote for members of the General Assembly. ' ' The right of suffrage shall not be exercised by any person of unsonnd mind, or who shall be a pauper, or a no"n-commissioned officer, seaman, marine, in the service of the United States, or by any person convicted of any infamous offence." Co7is. of Vir- ginia. ' ' No free negro, free mulatto, or free person of mixed blood, descended from negro ancestors to the fourth generation inclusive, (though one ancestor of each generation may have been a white person) shall vote for members of the Senate or House of Com- mons. " Cons, of Morth Carolina. In North Carolina, the possessing of a freehold of fifty acres of land within the district is necessary to entitle a pereon to vote for a member of the Senate, by the State Constitution. In several of the States it is constitutionally provided, that no soldier, marine or seaman, in the regular army or navy of the United States, shall be entitled to vote at any election in the State. " Provided, that no person shall be disqualified from voting at any election on account of color, who is now, by the laws of the state, a competent witness against a white man." Cons, of Tennessee: In reference to the residence within the State necessary to an elector; "but persons in the military, naval or marine service of the United States, or this State, shall not be considered as having obtained such established residence by being stationed in any garrison, barrack, or military place, in any town or planta- tion ; nor shall the residence of a student at any seminary of learning, entitle him to the right of suffrage in the town or planta- tion where such seminary is established. " Cons, of Maine. ' ' Or having been enrolled in the militia, and having performed military duty therein, for the term of one year next preceding the time he shall offer himself for admission, or being liable thereto, shall have been by authority of law excused therefrom ;" is one of the quali- fications which severally entitle a person, who shall sustain a good moral character, and take the requisite oath, to be an elector. " Cons, of Connecticut. In some of the State Constitutions it is provided, ' ' that every elector shall be eligible to any office in this State, except in cases provided for in this Constitution." ' ' For the purpose of voting, no person shall be deemed to have gained or lost a residence by reason of his presence or absence in the service of the United States ; nor while engaged in the navi- gation of the waters of this State, or of the United States, or of the high, seas ; nor while a student of any seminary of learning ; 300 A STATE AND STATE OFFICEES. [PAKT H, nor while kept at any alms-house or other asylum of public ex- pense ; nor while confined in public prison. " Cons, of California. In Wisconsin, among the persons qualified to be electors are "white persons of foreign birth, who shall have declared their intention to become citizens, conformably to the laws of the United States on the subject of naturalization. " Cons, of Wisconsiii. In Wisconsin, the State Constitution provides, that the Legis- lature may at any time extend by law the right of suffrage to persons not being white persons, but that no such law shall be in force until the same shall be approved by the people by a majority of votes cast at a general election. In some of the States it is constitutionally provided, that no person who shall have been convicted of bribery, perjury, forgery, or other high crime or misdemeanor, shall have the right of suffrage. In some States there is a difference as to the qualification of property, between electors of Senators and those of Representa- tives in the "State Legislature. ' ' Persons residing on lands ceded by this State to the United States, shall not be entitled to exercise the privilege of electors. ' ' Cons, of Bhode Island. By the Constitution, in North Carolina, "all freemen;" in Creorgia, " citizens and inhabitants ; " with the prescribed qualifi- cations as to age, residence, property and payment of taxes, are entitled to vote at the general elections. Privilege of electors. 21. In most of the State Constitutions, it is provided that electors shall, in all cases, except in those of treason, felony or breach of the peace, be privileged from arrest, during their attend- ance on elections, and in going to and returning from the same. No elector shall be obliged to do duty in the militia on any day of election, except in time of war or public danger." Cons, of Maine, California. Elections. 22. Elections are held at the time and places, and in the man- ner, prescribed by the Constitution and laws of the State- As to the time. In general, there is a general election held on one day every year throughout a State for Representatives in Con- gress, members of the State Legislature, and State and county officers, as may be necessary. Township, ward or borough officers are elected at a different time. Elections are generally made to commence and terminate on one day ; though in some States they may be continued during several days. CH. Vn.] A STATE AND STATE OFPICEBS. 301 As to the places. In most of the States every township or parish, borough and ward is an election district ; and elections are held at such places therein as may be directed by law. As to the manner. In general, the electors vote personally by ballot, printed or written. In some States they vote orally, nam- ing the candidate voted for. The election is held at each district under the management of election officers, called judges and clerks, or the selectmen and town clerks of the townships. In some States the polls are kept open for only one day ; and in others until all the votes offered are given. There are two clerks at each place of election, each of whom keeps a poll-hook, or list of voters, in which the name of every voter is entered as he puts in his vote. The votes are given singly to one of the judges of the election, and by him then placed in a ballot box. The votes are not opened or inspected until after the polls are closed, when they are finally counted by the judges, and a state- ment thereof is made by the clerks. Certificates containing the names of the candidates, and the number of votes given them res- pectively, are then signed by the judges and clerks, and forwarded to the proper offices. These certificates are called election returns. Certificates of election are issued to the persons elected. In general, in all elections by the people the choice is determined by a plurality, not a majority of votes ; that is, the one of all the persons voted for who has the greatest number of votes is elected. In some of the States a majority of all the votes given is requi- site to the election of particular officers. The word " poll," in its literal signification, means a head. In common application it means a person, liable to be taxed, or voting at an election ; and polls mean the place of an election, or the per- sons who vote. ' ' In all elections in this Commonwealth, to any office, or place of trust, honor or profit, the votes shall be given openly, or viva voce, and not by ballot. ' ' Cons, of Virginia. Similar constitutional provisions exist in Kentucky, Arkansas, Georgia. Oaths of office. 23. All officers of a State are required, by the federal Consti- tution, and that of the State, to be bound by an oath or affirma- tion of office. ' ' The Senators and Representatives before mentioned, and the members of the State Legislatures, and all executive and judicial officers, both of the United States and of the several States, shall be bound by oath or affirmation, to support this Constitution. " Cons, of U. S. Art. VI, sect. 3. 26 S02 A STATE A^^) STATE OFHCEaS. [PART n> "Members of the G-eneral Assembly, and all officers, executive and judicial, shall be bound by oath or affirmation to support the Constitution of this Commonwealth, and to perform the duties of their resjXictive offices vath fidelity." Cons, of Pa., Art. YIII. In some of the States the form of the oath or affiimation is pre- scribed by their Constitutions respectively. " The following oath shall be taken and subscribed by every per- son chosen or appointed to any office, civil or military, under the government of this Commonwealth, before he shall enter upon the duties of his office, to wit : " I, A. B. , do solemnly swear that I will bear true faith and allegi- ance to the Commonwealth of Makachusetts, and will support the Constitution thereof. So help me, God." Cons, of Massachu- setts. See Gojis. of Neio Hampshire. ' ' You, , do solemnly swear (or affirm) that you will faith- fully execute the office of for the of ; and will therein do equal right and justice to all men, to the best of your judgment and abilities, according to law. " Cons, of Ver- mont. "I do solemnly swear that I will be faithful and true to the Commonwealth of Kentucky," &c. Cons, of Kentucky. In general, all county and township officers are, also, required by Act of Assembly to take and subscribe an oath or affirmation to support the Constitution of the United States and that of the Com- monwealth, and to perform the duties of their offiees with fidelity. Tenure and duration of office. 24. Tenure of of&ce is, in this country, the condition on which an office is held. An office may be held at loill, the pleasure of the appointing power ; for life, during good behavior ; or for a term of years, during good behavior. The tenure and duration of offices are generally determined by the Constitutions of the several States, though in some instances it is left to the Legislatures to fix them by law. All offices are held on the condition of good behavior ; the incumbents being liable to be removed on conviction for misbeha- vior in office, or of any infamous crime. It is, in most instances, so declared in the Declarations of Rights of the several States. Commissions. 25. It is generally provided that all commissions shall be in the name and by the authority of the particular State, sealed with the State seal, and signed by the Governor. They are, in most instances, issued out of the office of the Secretary of the State, by whom they are attested, and in which office they are registered. CH. Vn.] A STATE AND STATE OFFICERS. 303 IncompatihUity of office. 26. It is generally provided in the Constitution of a State, that no member of Congress from the State, or any person hold- ing any office or appointment of profit or trust under the United States, shall at the same time, exercise any office in the State. "No member of Congress, nor any person holding any office of trust or profit under the United States, (the office of postmaster excepted) or any other State of the Union, or under any foreign power, shall hold or exercise any office of trust or profit under the State." Cons, of Mississippi. See Cons, of Louisiana, Kentucky. In some of the States, by their Constitutions, members of the Legislature cannot hold certain offices ; and other offices are made incompatible. It is generally so directed that no member of the Legislature shall be appointed by the Governor to any office during the term for which he shall have been elected. In some of the State Constitutions it is provided that, ''No person shall hold more than one lucrative office at the same time, except as in this Constitution expressly permitted;" it being added, in some instances, " Provided, that no appointment in the militia, or the office of a justice of the peace, shall be considered as a lucrative office." " No person shall hold the office of Governor, and any other office or commission, civil or military, in this State, or under any State or the United States, or any other power, at one or the same time." Cons, of Alabama. ' ' Nor shall any Senator or Representative be elected to any office or appointment by the Legislature, having any emoluments or compensation annexed thereto, during the time for which he shall be elected, (except justices of the inferior court, justices of the peace, and officers of the militia,) unless he shall decline accepting his seat, by notice to the executive within twenty days after he shall have been elected ; nor shall any member, after having taken his seat, be eligible to any of the aforesaid offices or appointments during the time for which he shall have been elected." Cons, of Georgia. Re-eligibility. / 21. There are, generally, provisions in the State Constitutions limiting the re-eligibility of persons to certain offices. In most of the States the Governor is only eligible for a certain number of terms of the office in succession. And it is also, in many instances, so directed with respect to sheriffs, county treasu- rer, coroners, and other officers. A person is re-eligible, or may be re-appointed to an office, at 304 A STATE AND STATE OFFICERS. [IPAET H. any time, unless it is expressly provided to the contrary by the State Constitution or law. Impeachment. 28. It is provided in the State Constitutions, generally, that all civil officers are liable to impeachment for misdemeanor in office. The meaning comprehends, probably, any violation of official duty, whether criminal or not. This liability to impeach- ment is, in theory, one of the strong safeguards for official integrity. The impeachment is presented by the House of Repre- sentatives, and tried before the Senate, of the State ; the punish- ment to be removal from office, and disqualification to hold office in future. In most instances, the party impeached, whether acquitted or convicted, is nevertheless liable to indictment and punishment according to law in the courts of justice. In Vermont impeachments are presented by the General Assem- bly and heard and determined by the Legislative Council, ' ' taking to their assistance, for advice only, the judges of the Supreme Court." Eemoval from office. 29. It is generally provided, either by the State Constitutions, or by law, that all civil officers may be removed on conviction of misbehavior in office, or of any infamous crime. It is provided in some of the States that particular officers, as the Governor, judge, and some other officers, may be removed on the address of two-thirds of the Legislature for any reasonable cause which shall not be sufficient ground of impeachment. This subject, as it respects the Governor of a State, has been noticed in a former chapter. (A) Persons holding offices at will may be removed therefrom by the appointing power, at the pleasure thereof, at any time. Such removal may be effected by the issuing of a commission to another person, by which the first appointment is superseded. Indictable for neglect and misbehavior. Wilful neglect of duty or misbehavior in office is a criminal offence, a misdemeanor, indictable and punishable at common law, or by statute. Public officers may be bo punished for bribery or other corruption in office. STATE AND STATE OFFICEES. 30. The general civil affairs of a State are conducted, under the Constitution and laws, by State officers, and its internal gov- (h) See Part II, chap. V. CH. Vn.] A STATE AND STATE OFFICERS. 305 ernmcnt and local matters are so carried on and administered b}' county and township, or parish or district officers, and by city and borough officers. State officers may be divided into civil and military ; and the civil into executive and judicial. 31. The Governor and all the other executive officers form the general executive department of the State. The Governor and the heads of departments constitute what is commonly called the " State administration." State officers are compensated for their services, generally by annual salaries, paid out of the treasury of the State. Taxation and revenue. 32. The expenses of the government are generally borne by a revenue derived from State taxes, laid and collected under the laws thereof. In some of the States there is a revenue derived from the sale of the public vacant lands of the State. Premiums paid to the State by banks and other corporations, for Acts of incorpo- ration, are, in some instances, sources of revenue. Some of the States hold stock or shares in banks or other corporations, the di- vidends on which afford an annual income to the State. And in some instances, canals, turnpike roads, railroads, and other public structures and improvements, made and formed by the State, yield receipts for its treasury. In general the State Legislatures have the power of taxation without restriction ; except as to taxes or duties on imports, exports and tonnage, which they are prohibited from laying by the federal Constitution. In some of the State Constitutions there are express prohibitions "to levy a jjoll tax for State or county purposes." The various kinds of taxes in a State are, in general, as follows : I. State taxes, the rate of which is fixed by the Legislature, gen- erally for each year. II. County taxes, the rate of wliich the County Commissioners or trustees are authorized to fix, with cer- tain restrictions. III. Township taxes, which the township trus- tees or supervisors may assess, not exceeding a certain rate. City and borough taxes are similar to these, assessed by the officers thereof, according to their charters or Acts of incorporation. lY. In some States, the school taxes, which may be laid by the county trustees or commissioners, or district school directors, not exceeding a certain amount. V. The poor tax, which is fixed, not to exceed a certain rate, by the trustees or commissioners, or the directors of the poor of the townships. The mode of assessing and collecting such taxes is referred to, more fully, in this chapter, under the heads of the different county and township officers. 26* 306 COU^TT AND COUNTY OFFTCERS. [PAET U. The objects of taxation under tlie State laws are, in general, as follows : Beal estate, including land and buildings, rated accord- ing to its assessed value : Personal property, including stocks in corporations, dividends of banks and other companies, debts bearing interest, the capital of merchants, manufacturers and brokers ; offices, professions, occupations and trades ; licenses to auctioneers, innkeepers, pedlars and the like. State loans and stocks. 33. What are State loans and stocks ? ,; Certificates of indebtedness or obligations to pay money issued by a State, payable to the holder, or order, or assigns at fixed periods, and bearing interest payable semi-annually or annually. Many of the States have borrowed money, to a large amount, for the purpose of internal improvement, or other extraordinary expenses, on such public loans or stocks. Secretary of the State. 34. The Secretary of State is generally appointed by the Grovemor of the State, with the consent of the Legislature, and in some instances without it, and for the same term of office as that of the Governor ; as provided by the Constitution. In his office is kept the Seal of the State. The originals of all the laws, and public documents, are filed, deposited and recorded in it; authentic copies thereof to be furnished, when duly required. A register of all the official acts, proceedings and appointments of the Governor, is made and preserved therein, and all commis- sions to State and county officers, with the Seal of the State, signed by the Governor, and attested by the Secretary of State, are issued from it ; as are all other documents, requiring the Seal of the State. The returns of the election of members of Con- gress, State and county officers are transmitted to this office, and filed in it. The Secretary of State has the superintendence of the publication and printing of the laws, and of the distribution of the printed copies thereof, in the manner prescribed by law. It is through him that the correspondence of the State is conducted, and communications to it, and from it to other governments, bodies politic, or individuals, are properly made. There is generally an officer of a State called the Deputy Secretary of State, appointed by the Secretary of the department, with the approbation of the Governor, and removable by the Secretary whenever he shall deem it expedient. State Treasurer. 35. The State Treasurer is, in general, elected every year by CH. Vn.] A STATE AND STATE OFriCERS. 107 the Legislature of the State ; in some States, by the people ; as directed by the Constitution of the State. It is his duty, in general, through his department, to r(^ceive and have the charge and custody of the public money of the State ; to superintend the collection of the State taxes, and of all the debts due to it ; and to pay and disburse money out of the treasury, on warrants and orders thereon, or otherwise, as directed by law. He is required, at certain periods, to furnish to the Auditor or Comp^ troller of the State an account of all money received and paid by his department, together with the vouchers for the payments so made, for adjustment and settlement 5 and annually to present to the Legislature a report exhibiting in detail the receipts and expenditures for the preceding year, containing a statement of the finances of the State, and giving an estimate and plan of future revenue. It is generally provided by the Constitution of a State that the •State Treasurer's annual account of the receipts and expenditures of the State shall be published, for the information of the people. ^tate Auditor or Comptroller. 36, The Constitution of a State generally requires that there shall be a State Auditor or Comptroller, and prescribes the mode of his appointment. He is, in most instances, appointed by the Governor of the State, with the advice and consent of the Senate ; though in some States he is elected by the Legislature or the people ; his term of office being, generally, the same as that of the Governor. His duties are, in general, to examine, adjust and settle, all claims, bills and demands for money against the State ; the ac- counts of officers and agents entrusted with the collection, receipt -or disbursement of the public moneys the accounts particularly of the State Treasurer ; and to preserve the vouchers relative to such accounts, and to keep a proper register of them. In some States it is made his duty to present annually to the Governor, or to the Legislature, an account of the finances of the •State, with an estimate of expenses for the ensuing year, and of the accruing revenue and resources. Land Office. 37. In some States there is a Land Office, established by law^ under the charge of a Secretary thereof. It has the management and direction of all affairs relating to the lands belonging to the State ; the survey and sale of such vacant and unsettled lands, the granting and issuing of deeds or patents therefor, and the collec-" tion and receipt of purchase money due thereon ; all the documents A STATE ANT) STATE OFFICERS. [PAET H, and ijaperg concerning tte lands being returned to, and deposited and preserved in, this office. Commissioners of canals and railroads. 39. In some States there are such officers ; generally three or more, forming a Board, of which one is President, and having a stated principal clerk. It is under their direction that the laws for the construction of the State canals and railroads, and for their extension, are carried into effect. They have the general super- intendence and management of the canals and railroads belonging to the State, and the repairs thereof ; being authorized to regulate the transportation and travelling on them, to iix the rates of tolls and the modes of collection thereof, to appoint the agents and persons employed in the service of the State ; and to establish rules for these purposes, and impose fines and penalties for their violation. They are required by law to make an annual report to the Legislature of the affairs of the canals and railroads, the receipts from them, and the expenditures on account of them. These Commissioners are generally elected by the people, or the Legislature, to serve for three years ; in some instances, one of them being elected cTcry year. In some States there are Commissioners of Internal Improve- ments. Superintendent of Common Schools. 40. In the States in which the system of Common Schools is adopted, there is a Superintendent thereof, being a State officer, either appointed by the Governor of the State, or elected by the Legislature, for a term of years, generally the same as that of the Grovernor. It is under his direction, and through his department, that the laws relative to these schools are carried into effect, that the State appropriation of money for their support is rightly distributed and applied, that a uniform method of instruction is observed, and a proper supervision of them, under the laws, is exercised. It is particularly made his duty to present, annually, to the Legislature, a report of his proceedings under the laws during the preceding year, the expenses incurred, the state of the schools, and the general operation of the system ; together with such propositions for the amendment of the laws in regard to the subject, and for the promotion of education, as experience may have suggested. We have had our attention directed to the provisions of the State Constitutions in respect to education and common schools., in the preceding parts of this work, (k) (k) See Part II, chap. III, IV, I tCH. vn.] oouNTy and county oiticers. 309 Military officers 41. It is generally provided by the Constitution of a State that the Governor shall be the commander-in-chief of the militia, and of the military forces of the State, except when they shall be called into the service of the United States ; and, also, that all other military officers shall be appointed or elected as may be directed by law. In some States, however, it is so provided, that there shall be an Adjutant General of the State, to be appointed by the Governor or the Legislature, for the same term as that of the Governor; that the Major-Generals shall be elected by the field officers of divisions respectively. Brigadier- Generals by the field officers of their brigades respectively, and other field officers and company officers by the persons subject to militia duty within their respective regiments, battalions and companies. All commissions for military officers are issued by the Governor, under the State Seal, and signed by him. See the heads " Militia," in other parts of this work. Judges^ The Judges of the courts of record are State officers, commis- sioned by the State, and their salaries being paid out of the State treasury; though, in some instances, having jurisdiction, and acting only in particular counties or judicial districts. See Judiciary. COUNTY AND COUNTY OFFICERS. 42. The several States are, in general, divided, in regard to territory, for the convenience of internal government and the administration of the laws, into counties, and each county into townships or districts. Cities, which are divided into wards, may exist in counties, and boroughs, in which there may be wards, and towns may be included in townships. In some States counties are divided into what are called towns or parislies, and these may embrace boroughs and villages. These divisions existed from the earliest history of the country, before the formation of the general government. 43. Counties are formed and erected by statute, or Act of Assembly. They are generally so organized as bodies politic, or public municipal corporations. '' ' As such they may sue and be sued at law ; may take and hold real estate, within their respective limits, and personal property ; make contracts ; become indebted. and have debts due to them ; for the objects and purposes autho- rized by la^'. Their powers are exercised respectively by officers called county commissioners or trustees. Each county has m S'lO eOTT^TTT AND COUNTY OFFICERS. ' [PASl^ U. countj seal, to- be kept by its commissioners or trustees, and use(2 for the authentication of their official acts and proceedings. The title to the county court-houses, jails, Tivork-houses, and buildings for the county ofSces, is vested in the comities respec- tively, for the use thereof. County taxes and expenditures. 44. What are^ in general, the objects of expenditure by a county ? The erection and keeping In repair of a court-house, jail, and buildings for the county officers ; the accommodation of the courts in the court-house whilst in session ; the pay of jurors and consta- bles for attendance at court ;. costs in certain criminal cases ; the maintenance of prisoners in jail ; building county bridges : paying- viewers of public roads, road and bridge damages ; the pay of the officers of the general election in the county ; the pay of the sheriff and other officers for services performed for the county ; coroners'" inquests post mortem ; the support of the poor where there is a county poor house ; and various matters directed by law to be done at the expense of the counties severally. How is money obtained for defraying the expenses of the county ? By taxes assessed and collected for the use of the coujity, called county rates and levies t and from the proceeds of fines and for- feitures. There are, in some of the States, certain' fines and forfeitures, imposed on persons convicted of crimes and offences, or otherwise incurred, directed to be paid into the treasuries of the counties for the use thereof, as, also, in some instances, certain costs of court in civil eases. Courts of justice. Seat of justice. 45. There is generally a court for each county, with original jurisdiction, whose sessions are held at stated periods in every year ; and, in most cases, a court of review, or of errors and appeals ; according to the judicial system of the State. The clerk or prothonotary of tke court has his office in the county. There are sometimes several courts held in a county of different jurisdictions, as to civil or criminal cases, or as to tke amount or Talue in controversy, {m) In some States there is a Judge of Pr-obate in each county. There are Justices of the Peace, or like officers, in each county : and in some States, in each township or parish. The borough, town or place where the county courts are held is ©ailed the Seat of justice of the county, or shire town. In su.ck (jhJ See Part 11, cliap. Y. OH. Vn.] • COUNTIES AND COUNTY OEFICERS 311 place the county offices are established and administered, and the courts held in public buildings erected for the purpose, and there is a county jail. County officers. 46. The civil officers of a county are, generally, a Prothono- tary or Clerk of the county court or courts, a Register, a Recorder of Deeds, a Sheriff, a Coroner, County Commissioners, or Trus- tees, or a Board of Police, a County Treasurer, a County Auditor, or Auditors, a Surveyor, and in some States a Ranger, Directors of the Poor, Notaries Public. These officers attend to the discharge of their duties in appro- priate public buildings, at the county town or seat of justice. County Commissioners, Trustees, or Board of Police. 4t. They are officers elected by the people of the county ; who are authorized to assess and cause to be collected county taxes, as prescribed by law ; to make contracts for the erection of a court-house, jail, county offices, and county bridges, and the repairs thereof; to direct the application of the funds of the county to the proper objects of expenditure ; and to perform various other duties as provided by law. The expenses of the county are paid by their orders on the county treasurer. They form a Board, having a stated clerk, and their office being at the seat of justice of the county. They exercise the corporate powers of the county. The county seal is kept by them, at their office ; and it is applied by them to their warrants, precepts, certified copies of their proceedings, and their other official papers. The lists of taxable inhabitants of the county, the returns and valuations of taxable property, and assessments of taxes, as made by the assessors or other officers of townships, or parishes, are filed in their office. They are required to publish, every year, a statement of the receipts and expenditures of the county, as settled by the County Auditor or Auditors. In some States there are county Boards of Police, with powers similar to those of County Commissioners or Trustees in other States. ' ' The qualified electors of each county shall elect five persons for the term of two years, who shall constitute a Board of Police for each county, a majority of whom may transact business ; which body shall have full jurisdiction over roads, highways, ferries and bridges, and all other matters of county police, and shall order all county elections to fill vacancies that may occur in the offices of their respective counties. " Cons, of Mississippi, Art. Y, Sect. 20. 312 COUNTIES AND COUNTY OFFICERS. . [PART H. " The members of the Board of County Police shall ea^oj^cio be conservators of the peace, and shall by law be vested with ample powers in this respect. " Cons, of Mississippi, Art. V, Sect. 22. County Treasurer. 48. There is a Treasurer for each county, elected by the peo- ple, every one or two years. It is his duty to receive and have the charge of the moneys arising from the county taxes, and otherwise belonging to the county ; and to pay out the same on the orders or wan-ants of the county Commissioners or Trustees, and in other manner, as directed by law. He is required, once in every year, to state his account, and produce his vouchers, for settlement by the county Auditor or Auditors. Prothonotaries or clerks of courts. The duties of these officers are, in general, to record the proceedings, judgments, orders, and sentences of the courts, to file and preserve the records and papers thereof, to give authenticated copies of them, to issue judicial writs and process under the seals of the courts ; and to perform various services prescribed by law. From these offices are, in general, issued process by which suits at law are commenced, or writs of execution therein, subpoenas for •Ritnesses, and other legal process. Here are entered of record judgments, by confession or otherwise, which are liens on real estate. In most States the returns of the elections held in the county are filed in these offices. Register. 49. The office relates to the registry of wills and testaments, and papers concerning the estates and property of decedents. All wills and testaments are generally required to be filed and recorded in the ofiice of the Register of the county, who takes the probate of the same, and grants letters testamentary thereon. He grants letters of administration on the estates of intestates. In his office also are filed the accounts of executors and administrators for settlement. These duties are performed in some of the States by the clerk of the county court. In some of the States the officers who perform these duties are called Registers of Probate ; and there are Judges of Probate, havino" jurisdiction of questions touching such matters. In some States there are distinct Orphans' courts, for the several counties, the clerks of which have offices in which are filed and recorded the proceedings of the courts for the appointment or CH. VII.] COUNTIES AND COrNTY OFFICERS. 313 removal of guardians of minors, their accounts, the distribution of estates of decedents, and lilje matters. Recorder of Deeds. 50. There is generally established by law a Recorder's office in every county in a State for the recording of deeds, conveyances and mortgages, and other instruments of writing. The Acts of Assembly of the States generally provide that if a deed for land and tenements is not recorded within six months, it shall be void against any subsequent bona fide purchaser without notice ; and that a mortgage of land shall take effect, as against persons not parties to it and bona fide interested without notice, fi'om the time of its being recorded, or its presentation for that purpose ; and that deeds recorded shall be notice, from the time of their being recorded, to any subsequent purchaser. Copies or exemplifica- tions of deeds recorded, certified by the Recorder under the seal ot his office, are evidence of the deeds in courts of justice and otherwise. Sheriffs. 51. A Sheriff of a county is the executive officer of the courts of the county, and as such authorized and bound to serve and execute all writs, orders, sentences and decrees thereof. He is also, by virtue of his office, conservator of the peace in the county, and empowered to suppress affrays and unlawful assemblies, and generally to preserve the peace ; and to arrest all persons guilty of criminal offences, on personal view, and with or without war- rant. Sheriffs are mostly keepers of the county jails, except where it is otherwise ordered by law. There are various other duties, in relation to selecting and summoning jurors, to the elections held in the county, and other matters, required of him by Acts of Assembly. They may appoint deputies and jailers, under them, and remove them at pleasure ; being responsible for their official acts. Sheriffs may require the assistance of the people, in suppressing riots and affrays, and arresting criminals. For such purposes he can raise the posse comitatus, or power of the county, that is, such a number of men as is necessary for his assistance ; and every person, of proper age, and not disabled, is bound to obey his summons, a refusal to do so being an indict- able offence. Coroners. .52. The duties, in general, of a Coroner are, to serve and execute all writs, orders and process of the courts, where the Sheriff of the county is a party or interested ; and to exercise the 27 314 COUNTIES A^^) county orncERS. [part n. office of SheriflF, in case of a vacancy in the office, and until another SheriflF shall be commissioned. He is a conservator of the peace, Trithin the county, having the same power which the SheriflF as such possesses. He is also authorized to hold inquests post mortem, on the bodies of persons dying accidentally or by violence. Prosecuting Attorneys. 51. The Attorney G-eneral of the State has the charge and superintendence, on behalf of the State, of criminal prosecutions and proceedings in general ; and in most of the States, for the pur- pose of conducting them, he has his Deputies in the several counties or courts, who are appointed and removed by him at his pleasure. They are called prosecuting attorneys. In some of the States, there are officers called Prosecuting Attorneys, elected by the people, or otherwise appointed for each county, whose duty it is to manage and conduct, on the part of the State, all criminal prose- cutions therein. Directors of the Poor. 52. In some States, by Act of Assembly, there are poor houses authorized to be erected and maintained, for the support of the poor, at the expense of the county ; there being elected by the people of the county, Directors or Overseers of the poor, who have the management of the poor house, and under whose direction the laws for the relief of the poor are carried into effect. See the head "Directors or Overseers of the Poor," further on, on this chapter. County Surveyors. 53. These officers are appointed by the chief officer in the Land Department, or otherwise, as directed by law. It is his duty to make surveys of the vacant lands belonging to the State ; in some cases to lay out public roads, as ordered by the courts, or accord- ing to law ; to fix line fences between the lands of different owners ; to make returns of unseated lands, for the purposes of taxation, and to perform similar services. County Auditors. 54. They are officers, generally elected by the people, who are authorized to adjust and settle the accounts of the County Trea- surer, and other persons entrusted with the receipt and expenditure of the money belonging to the county. Notaries Public. 55. They are officers authorized to take the proof and ac- CH, Vn.] TOWNSHIPS AND TOWNSHIP OFFICERS. 315 knowledgment of instrameuts of writing in relation to commerce and navigation, sucli as bills of sale, bottomries, mortgages, and liypothecations of ships and vessels, contracts of freight, letters of attorney, and the like. They present bills of exchange, drafts, promissory notes, and commercial and negotiable paper generally, for acceptance and payment, and protest the same for non-accep- tance and non-payment ; their certificates being made bylaw pWma facice evidence thereof in courts of justice. Bills and notes in Ijanks are thus protested by them. They may administer oaths and affirmations in matters relating to their duties. They keep a register of their acts ; and have a notarial seal, with which all their certificates and declarations are to be authenticated. They take an oath of office, and give bonds for the performance of their duties. They receive fees of office, for particular services performed, as fixed by law. There are, in general, three notarys public in each county ; there being a greater number in the cities, and in some particular coun- ties. They, generally, are appointed by the Governor, as provided by law, for the term of three years, or other period. Township and Township Officers. 56. Counties are divided, in general, into townships, towns, parishes, or districts. The Courts of Quarter Sessions, or other courts of the several counties of a State, are generally authorized to erect new town- ships within them respectively, to divide any township already erected, and to alter or determine the lines of adjoining townships, so as to suit the convenience of the inhabitants. 57. In most instances, townships are bodies politic, public mu- nicipal corporations, (a) being made so by Act of Assembly or law, and having capacity as such to sue and be sued at law ; to hold real estate and personal property, and to make contracts, for the purposes of the townships, as authorized by law. The corporate powers of townships are, in general, exercised by officers called Supervisors, Trustees or Selectmen. 58. The officers of a township are, generally. Trustees or Select- men, Wardens or Constables, Assessors, Supervisors or Surveyors of Roads, Overseers or Auditors, and Justices of the Peace. In some States there are, also, in each township a township clerk, fence viewers, and other local officers. In those States in which the common school system has been adopted, there are elected school directors for every township or school district. 59. Township officers are generally elected by the qualified (a) See Part II, chapt. III. 316 TOWNSHIPS AND TOWNSHIP OFFICERS. [PAKT n. voters of the townsliips respectively, at the township elections, every year ; no person being eligible to such office who is not an inhabi- tant of the proper township. Generally, persons are liable, by law, to be jBned for not accept- ing a township office, or refusing to serve when elected thereto ; though, in most instances, a person cannot be required to serve as any such officer more than a certain number of terms in a period of years, as three years in nine or twelve, or the like. 60. Are all township officers required to take an official oath ? They are, generally, required to take and subscribe an oath or affirmation to support the Constitution of the United States, and that of the Commonwealth, or State, and to perform the duties of their offices with fidelity. Township taxes. 61. There are township taxes, called township rates and levies, laid and assessed by the township Supervisors, Trustees or Select- men, to pay for laying out and keeping in repair, the public roads and bridges; and by the Overseers or Directors of the Poor, for the support of the poor ; and the expenses incident thereto, in the townships respectively. There is also a school-tax, assessed by the school directors, in those townships or school districts, where the general school law has been adopted. Trustees, Sdectmen, Supervisors. 62. In some States, there are township officers called Select- men, Trustees or Supervisors, who are elected annually by the people. They exercise the corporate powers of the townships, as county commissioners or trustees do those of counties, having various duties to perform in relation to elections, taxes, roads, schools, the support of the poor, and like matters. Supervisors of roads. 63. There are generally in every township two or more super- visors of the roads and bridges ; whose duty it is to attend to the opening and repairing of the public roads and bridges, in their respective townships ; and who have, for such purpose, authority to assess, levy and collect township taxes. They are elected by the people for one or more years. In some States they are called sur- veyors of roads. Public roads, are generally, authorized to be laid out and opened by the proper court of the county, upon the petition of the citizens, in the manner prescribed by law. In some States, roads of a par- ticular class, are authorized by the supervisors of roads, or town- ship trustees. CII. Vn.] TOWNSHIPS AND TOWNSHIP OFFICERS. SIT "Where roads or bridges are too expensive to be laid out or erected by the respective township, it being so declared by certain legal proceedings, they are made by the county. In some States, there are Commissioners of Roads and Bridges, elected by the people for the township, one every year to serve for three years ; and Path Masters or Road Masters, for particular roads or districts, appointed by them, or elected by the people. Directors of the poor. 64. In the several States there is provision made bylaw for the support of the poor. The general system is, that every township or parish shall provide for its own poor ; and Overseers or Direct- ors are appointed, two or more in each township, by the election of the people, to receive the poor, and to take care and provide for them ; being authorized, for that purpose, to assess, levy and collect township taxes, called poor rates. Provision is generally made by law for compelling the particular township, where a poor person had his last settlement by residence for a certain period and other requisites, to support him. In some States the poor are maintained in county Poor Houses, built and kept up at the ex- pense of the counties respectively. In some instances, the duties of Overseers or Directors of the poor are performed by the Township Supervisors. Assessors of taxes. 65. There are generally elected for each township one or more assessors, whose duty it is to make a list of all the taxable persons and property within their townships respectively, with a valuation of their property and estates, and to rate and assess the county taxes thereon, and make returns thereof to the proper county ofiS- cers. These assessments are also used for assessing the different township taxes. In some States, the enumeration of taxables, and valuation of property, for State taxes, and other State purposes, are, also, made by the township assessors. Collectors of taxes. 66. There is generally a collector of taxes for each township, appointed by the trustees or commissioners of the county, or elected by the people ; who is empowered to receive, levy and col- lect, the county and township taxes, within the township. In some States, there is a collector of county taxes separately. Township Clerk. 67. It is directed by law, in some States, that there shall be a township clerk for each township, to be" elected by the voters thereof every year. 2T* •318 To\r?fSHi?s A^■D TOTi*-xsHrp orncERS. [paht n. It is his duty to act as clerk of the Trustees or Supervisors of the townships, and keep minutes of their proceedings. He has the charge and care of frhatis called the to'n'nship book, for the pur- pose of entering in it all matters which he is required by law to record, and that it may be open to the inspection of all persons who may have occasion to examine the same. In these States, any person taking up on his improved or en- closed lands any stray horse, cattle, or sheep, is required by law to give notice thereof to the owner, if he can be found, or other- wise to deliver a particular description of such stray to the town- ship clerk, whose duty it is to enter the same on his book. ScJiGol Directors. 68. In those States where the common school system has been established, there are several school directors elected every year by 'the people for each township or school district. It is their duty to provide shool houses, to employ teachers, and superintend the schools, as directed by law. The common school system is a system by which schools are established, by law, throughout a State for the education of the children of all persons gratuitously ; the schools being supported hj a permanent State fund, by appropriations out of the State treasury, or by taxes imposed on all the people of the particular districts ; there being State officers appointed for the general su- perintendence of the schools, and school directors elected by the people of the districts respectively. It is established in ^Massachusetts, Connecticut, Xew Hampshire, Vermont, Maine, Xew York, Rhode Island, Pennsylvania, Ohio, Michigan, Indiana, Texas, Iowa, "Wisconsin, California. TownsMp Auditors. 69. In some of the States, there are auditors elected by the people for each township, every year, to adjust and settle the ac- counts of Supervisors of Roads, Overseers of the Poor, School Directors, and other persons, intrusted with the receipt and expen^ diture of money raised for township purposes. Justices of the peace. TO. How are Justices of the Peace appointed ? There are generally two or more Justices of the Peace, in each township ; in most instances, elected by the people, for a term of years ; though in some States they are appointed by the Governor, What is the nature of their powers and duties ? Justices of the Peace are judicial magistrates, of limited juris- diction. Their ordinary jurisdiction is confined to criminal cases. CH. Vn.] TOWNSHIPS AND TOWNSHIP OFFICERS. 319 They are by virtue of their offices conservators of the peace, within their proper townships or districts ; and may suppress riots, affrays and disturbances of the peace. They have authority to receive complaints and informations, generally for all criminal offences ; to issue their warrants and process, in the name of the State, for the arrest of all offenders, to take their examination and testimony of witnesses in relation to the offence, and to commit them to gaol for trial before the proper court, or, except in capital cases and others of the highest grade, to admit them to bail for their appear- ance at the court to answer the charge against them. They may require sureties of the peace of dangerous persons, or those whom their is reasonable ground to suspect of an intention to commit a felony, or any breach of the peace. In some of the States they have power to try and determine, and punish for, misdemeanors and offences of the lesser grade. They take the acknowledgement and proof of deeds, conveyances, and instruments of writing. There are often various other duties imposed upon them by special Acts of Assembly. And in a few States, they have conferred upon them, by statute, limited jurisdiction in civil suits at law, where the sum or value in controversy does not exceed a certain amount ; there being an appeal from their judgments to some court of record. Their compensation is derived from fees of office allowed by law ; which are included in the costs of prosecution or suit, or paid by the parties for whom the service is performed. In some of the States, Justices of the Peace are judges of the Courts of Quarter Sessions of the Peace or County Courts, being associated with a President or other judge learned in the law. Constables. 71. Constables are civil executive officers, in every township. It is their duty to serve and execute all warrants, writs, and pro- cess of Justices of the Peace. They are peace officers, and authorized, with or without warrants from magistrates, to suppress riots, affrays and disturbances of the peace ; and to arrest the offenders ; and generally to arrest persons guilty of felonies, crimes and misdemeanors. It is their duty to give information, to a Justice of the Peace or other proper magistrate, of any crime or offence, committed in their townships, in their knowledge ; to execute the warrants of magistrates for the arrest of criminals and offenders, or for committing them to jail. They are required to attend the stated sessions of the ordinary courts of the county, and to make returns thereto of certain offences, and violations of the law, that may have been committed in their respective townships, in their knowledge ; and a certain number of constables may be selected by the courts to attend their 320 CITIES A>-D BOROUGHS. [PART U. sessions, to preserve order, and act as ministerial officers of tlie court. There are many other duties devolved on them by special Acts of Assembly, relative to elections, the roads, and various local matters in the townships. Their compensation is derived from fees, perquisites, or costs allowed by law ; and, in some cases, they receive daily pay from the county, for making their returns to the courts, and attending upon them at their sessions. There are generally elected by the people two constables for each township, to serve for a year. (?i) Cities. 72. A city is a large town incorporated as a city by a law of •the State, with power in its inhabitants to make by-laws or ordi- nances for their government in local matters, to appoint certain officers, and to levy and collect taxes for these purposes. 73. The officers of a city, under its Act of incorporation, are usually, a Mayor, Recorder, members of the Council or Councils, Solicitor, Treasurer, High Constable, Assistant Constables, Street Supervisors, Watchmen, and the like. A city is, generally, divided, for the pur^DOses of civil govern- ment, into wards and precincts. It is, also, in most instances, a .part of the county in which is it situated, and as such subject to the general laws of the State, except where it is otherwise ex- pressly provided by law. In some of the State Constitutions it is made the duty of the Legislatui-es to pass laws restricting the powers of cities, and other municipal corporations, to lay and assess taxes, to borrow money and to contract debts. See Part II, chap. lY. What officers under the general laws of the State are there usu- ally in a city ? Judges and other officers of the courts of justice ; the several county officers, as Sheriff, Coroner, Recorder of Deeds, Register, County Commissioners, County Treasurer, and County Auditors ; and in the wards respectively, Aldermen, Constables, Assessors of taxes and Collectors of taxes. Ilayor. 74. What officer is a mayor of a city ? A mayor is the chief magistrate of a city under its charter or Act of incorporation. He has judicial cognizance especially of prose- cutions and suits for violations of the ordinances of the city. In some of these cases he is authorized to try and determine, and (n) See Part II., chap. VI,, head Constables. CH. \TI.] CITIES AND BOROUGHS. 321 punish, by summary conviction ; but generally he must proceed by issuing process, and holding to bail or committing the offender for trial at the proper court, which is mostly a Mayor's Court held by himself or the Recorder together with a certain number of the aldermen of the city In many of the States, the mayors of the cities are also vested, oy statute, with the powers of conservators of the peace, in gene- ral, within their respective cities, and authorized to entertain com- plaints for offences at common law and under the general law of the State ; to issue warrants and process thereon for the arrest of the offenders, and to admit them to bail, or commit them to gaol, in order to their trial before the proper court of justice ; and in some cases to try, determine and punish in a summary manner. There are often, various incidental duties and powers appertain- ing, under statutes, to the office of a Mayor of a city ; such as taking the acknowledgment and proof of deeds and other instru- ments of writing, administering oaths and affirmations, performing the marriage ceremony, and the like. Aldermen. 75. Aldermen are judical magistrates in cities, having therein the same jurisdiction and powers which Justices of Peace exercise in the several townships, under the laws of the State ; and having, also, cognizance of suits and prosecutions, and various powers, under the ordinances of the city. There is, generally, one or more aldermen for each ward in a city ; in some States appointed by the Governor of the State, but, in most cases, elected by the people for a term of years. In some cities they are members of the Mayor's Court of the city. Their compensation is derived from fees prescribed by law. Boroughs. 76. A borough is an incorporated town, the inhabitants of which are authorized by its charter or Act of incorporation to make by-laws or ordinances for the regulation of local matters therein, to elect borough officers, and to assess and collect taxes for such purposes. Towns are incorporated as boroughs, generally, by an Act of the Legislature of the State. In some States provision is made by law for incorporating them by the courts of justice. The officers of a borough are, usually, a chief burgess, assistant l)urgess, members of the town council, treasurer, town clerk, high constable, and assistant constables. A borough is, generally, divided into wards. It is part of the township in which it is situated ; the general laws of the State 322 CITIES AND BOROrGHS. [PART n. operating within it, as they do in other parts of the township or county ; except where it is otherwise provided by law. Boroughs, however, are in most instances made by law territorial divisions and parts of their respective counties, in relation to county and State affairs, and to the administration of the laws, in the same manner as townships are. The officers within a borough, under the general laws of the State, are Justices of the Peace, Assessors, Collectors of Taxes, and the like. APPENDIX, NOTE, A. The proposition that the federal Constitution was the act of the people of the United States, as stated here, and in other parts of this work, has the preponderance of political and judicial autho- rity in its favor, and is now generally received as correct- It has heen held, in contradistinction thereto, that the Constitution was adopted by the several States, or by the people of the States sever- ally, as sovereign political bodies or communities. And on this last mentioned statement has been founded the opinion of some, that the Constitution is to be considered a contract, a league, be- tween the several States, in their original sovereign political capa- cities respectively, and that, from its nature, it is the subject of Tescision or abrogation ; any State, as a party thereto, having a right, for what it deems a violation thereof, to recede from its ob- ligations. In connection with these views, it has been held, by some, that the States, at the time of the formation of the Consti- tution, are to be regarded, in their relations to each other, as only several and distinct communities, though confederated for certain purposes ; and in the view of others, they are to be considered as having been then, in fact, united as a nation ; having a general government, created and acting by the common consent of all the people of all the States, There can, of course, be nothing more h«re given than a mere reference to the existence of these different representations, as bearing on our general subject, without recurring to the particular grounds on which they have been made, or to the theories derived from them. Tlie important consideration is, that, whichever of the two first mentioned propositions, relative to the manner in which the Con- stitution was formed, may be correct, and consistently with either, it is an act and ordinance of government, established by the people of the United States ; according to the view presented in this work. And, as following from this position, it is thought proper, in this connection, to exhibit and inculcate these principles in re- gard to the nature and powers of our government 523 B2i A^PESmiX, Tlie general government is one of limited and enumerated pctrers f whicli are given by the express terms of the federal Constitu- tion, or by the necessary implication therefrom. In our system of government the several States exist as organized bodies, in their political capacities, being recognized as such in the Constitution, and performing important acts under it. By the Constitution there are reserved to the people of the States- severally, all the powers not delegated by it to the general govern- ment, or any department thereof, or relinquished or restricted by mutual stipulations in it between the States, or prohibited by it to the States severally, or the people ; these reserved powers and rights not being derived from the Constitution, as their source, but being those originally possessed by the several States, and the people, by virtue of their inherent sovereign authority, and excepted and re- tained out of the powers conferred by the Constitution ; being, in- deed, the residuary sovereignty and rights of the several States and the people. The several States, the people thereof respectively, are sover- eign in the enjoyment and exercise of all their reserved and resi- duary powers. The several States, the people thereof respectively, are sovereign iu the ownership of their own soil and territory, and in their jurisdiction over them, exercised conformably to the Con- stitution. The several States are sovereign, as to their municipal laws and internal police. A prohibition in the Constitution upon a State, as to any given subject, cannot enlarge or vary the powers delegated to Congress, or the general government, so as to bring withiu its jurisdiction, any matters not withiu the enumeration of the powers granted The federal Constitution is an aet and ordination of government,, paramount and supreme, throughout the limits of the Union, unal- terable and irrevocable, except in the manner prescribed by itself. The Constitution has provided for its own interpretation, in refer- ence to matters occurring in the course of the admiuistration of justice, through the Supreme Court of the United States, than which there can be no other of any authority or force. And, in consequence, no State, or the people thereof, can constitutionally annul any law of the United States, or resist or prevent its oper- ation within the boundaries thereof: And no State, nor the people thereaf can constitutionallv secede from the Union. APPENDIX, :325 NOTE, B. ' ' Slaves have no political rights or power, and in the represen- tation of federal numbers are regarded as property. The basis of representation by federal numbers is composed of people and pro- perty. " "The inevitable effect of making five slaves equal to three freemen is to take power from the majority of the people ,; and so long as this apportionment of representation among the States continues, a minority of the people of the United States, in the aggregate, may elect a majority of the members of the House ■of Representatives ; and the conventions or legislatures of a num- ber of slaveholding States being a minority of all the States can perpetuate this state of things, " by preventing an amendment to the federal coustitution. Baldwins^ Constitutional Views, p. 22- 38 S2e KOTE, C. Population of the United States and number of Bepresenta- tives in Congress from each State.^ STATES. White Popu- Free colored Total free Federal No of lation. population. population. Slaves.. popula- tion. Keps. Maine, 581.813 1,356 583.169 68o,169 6 New Hampshire, 3i;;456 520 317.976 317,976 3 Yermont, 313.402 718 314:120 314.120 3 Massachusetts. 985.450 9,064 994.514 994,514 lit Shode Island, ' 143:875 3,670 147,545 147.545 2t Connecticut, 363,099 7,693 370,792 370',7.92 4t 33 NeTT Xork, 3,048.325 49.669 3,097,394 3,097,394 New Jersey, 465,513 23,820 489,466 222 489.466 5 Pennsylrania. 2,258,463 53,323 2,311.786 2.311.786 25 Delaware, 71..169 18.073 89,242 •2,290 ' 90,616 1 Maryland, 417.943 74,723 492,666 90,368 546,886 6t Tirginia, 894,800 54,333 949.133 472.528 1,232,649 13 North Carolina, 553,028 27,463 5S0.491 288,548 75-3,619 St South Carolina, 274.567 8.956 283523 384.984 514,513 6 Georgia, 52i;572 2:931 524.503 38i:682 753,512 8 Florida, 47'.211 '924 4S:i35 39.309 71.720 1 Alabama, 426;4S6 2,293 428'779 342,878 634,514 7t Mississippi, 295.718 930 296.648 309.878 482,374 5 I/Ouisiana, 2.55:491 17,462 272.9.53 244:809 419,838 4 Texas, 154.034 397 154:431 58,161 189,327 2 Arkansas, 162;i89 60S 162.797 47.100 191,057 2 Tennessee^ 756,753 6.401 "63:154 239:460 906,830 lot Kentucky, 761,417 10,007 771,424 210,981 898,012 '?f Missouri, 592,004 2,613 594.622 87,422 647,075 Ohio, 1,955,108 25,319 1,980.427 1,980,427 21 Michigan, 395,09T 2,557 397,654 397,654 4 Indiana, 977,628 10,788 988,416 988.416 11 Dlinois, 846,035 5,435 8.51,470 85i:47.J 9 ■Wisconsin, 304,758 63? 305.391 305,391 3 Iowa, 191.879 335 192:214 192,214 2 California, 9i:632 965 92:597 92 597 2 Total 19,423,915 42.3,384 19,847,301 3,200,634 21,797,673 234 District of Columbia, Minnesota, New Mexico, Oregon, Utah, 38.027 6,038 61,530 13,088 9,973 '39 17 206 4'.000 6.1.177 13.294 3,687 ' 11,330 24 11,354 Total. 19,553,928 433,643 19,987,573 3,204,347 RECAPITULATIOX states. Total free popu- lation. Slaves, Representative population . Representa- tives. ?ree States, Slave States, Bistriets and Territories, 13,434,798 6,412.502 140,272 222 3,200,412 3,,713 13,436,931 8,330h''42 143 9d * See, as to the number and apportionment of Representatives, p. 75. t The above table is taken from the census of 1S50, on which the apportionment of E& presentatives is founded. In the column of Repre.=entative3 the numbers marked thus^ Sncbida one Representative allowed fcr the residuary fraction of federal populatiDn, INDEX. Academy military, power of Con- gress, 105. Accounts against U. S. how settled, 160, against a State, 307. Accused persons, their rights, 224, 134, 140, 178 ; as to cause of ac- cusation, 140, confronted with witnesses, 140, process for their witnesses, 140, not to testify against themselves, 224, 140, to have counsel, 224, not twice put in jeopardy, &c., 140, 224, pro- tection of due process of law, 140, 224, no excessive bail, to be bailed, 141, 224 -, See Indict- ment, Trial by jury. Costs. Acknowledgment, see Deeds and Conveyances. Acts of Assembly, what, 203. See Laws. Acts and Records, of a State, in another State, 113, 133. Acts of Congress, how enacted, 113 — 6 ; their au- thority, 45, 116 ; bills in Con- gress, 113, 114; date of Acts, 116, when they take effect, 116, repeal former Acts, &c., 116, de- clared unconstitutional, 57, 116 — 7, where filed and recorded, 157 ; see Laws. Admiralty jurisdiction, 172. Administration, State, 193, federal, 35, 43. Admission of new States, 111. Age, when a person is of full, 211. Aldermen, 290. Alliance, see Treaty. Aliens, who are, 98, 211, 237. their rights and disabilities, 211; how naturalized, 50, 98 ; on what conditions, 98. Allegiance, to U. S., 46, 51 ; to a State, 46, 294; oath of, 51, 294. Ambassadors, 161, 104, 224. Pre- sident to receive, 152. See Treaties. Amends.,of Cons, of U. S., 62, ot State constitutions, 22. Annexation of foreign territory, 49. Appellate jurisdiction, what, 170. Appeal and writ of error, defini- tion, 170. Appointments, See Officers. Apportionment of Representatives in Congress, 73, 74 ; of mem bers of State Legislature, 240. Appropriations by Congress, 92 121 ; for armies, 121, no pay raent without, 92, 121, 166, no extra pay to officers without 166, by State Legislature, 251 255. Arbitration, 263. Arrest, see Warrants; privilege of members of Congress, 77 ; of State Legislatures, 77, 243. Aristocracy, 35. Arms, right to bear, 141 ; for the militia, 106. Army, power of Congress, 121, 105, prohibition on the States, 105, no standing army, &c., 234. Arsenal, offences in, 103. Asylums, 257. Assemble, right of people to, 223. Assessors of taxes, in a State, 317. Attainder, what, 119; provisions of State constitutions, 224 ; no bills of, 119, 127. Attorney General, of U. S., 189 ; of a State, 290. Attorneys at law, in courts of U. S., 189. District, of U. S., 189. C327; 328 INDEX. in State courts, 190, right to em- ploy counsel, 224. Auditors in Treasury Department of U. S., 159. Auditor General, in a State, 307. Auditors, county, 314, township, 318. Bail, all persons bailable, when, 141, 224 ; excessive not to be re- quired, 141, 224. Ballot, what, 231, 134, 51 ; box, 301. See Elections. Bank national, power of Congress, &c., 91, States cannot tax, 91, a public corporation, 210. Banks, Cons, provisions, 232, 253. Bankruptcy, power of Congress, 99 ; Acts of Congress, 100, of bankrupt law, 99, power of State legislatures, 100, 124. Bank notes. See Currency. Bills of Credit, 100. Bills of Attainder, what, 119, pro- visions of Cons, of XJ. S., 119, of State, Cons. 224. Bills, in Congress, what, 113 — 4. proceedings on, 113 — 6. in State legislatures, 203, rejected, 263. Bill of rights, definition, 214, 136; declared rights, in Cons of U. S., 45, 133, by colonies, 40, in the States, 214. Boroughs, what, 321, officers of,32. Bureaus, in Executive depart- ments of U. S. 158 — 9. Cabinet, of Pres't of U. S., 157. Capitation tax, 120. Calendar months, in law. Canal Commissioners, 308. Census, of U. S., how made, 74, 189, of taxables, &c., 294. ' Certiorari, 171. Chancery law, what, 207 : courts of. 207. Chancellor, 207. Charges des affaires, 158. Charter governments, 39. Citizens, of U. S., 50, 46, 211, of the States, 46, 193, naturaliza- iion, 50, allegiance of, 46, 193j protection of, 46, 97, privilege in another State, 51 ; expatria- tion, 51. Circuit Courts, see Judiciary of United States. Cities, 321 ; officers of, 290. Claims against U. S., how settled, 160, officers not to be concerned in, 166; or in prosecuting, 166, against a State, 307, 4 Claims, Court of, 160, 188. Coasting trade, see Commerce, Navigation. Colleges, State constitutional pro- visions, 235, 255. See Schools. Commissioners, county, 311, Commission of Oyer and Termi- ner, no, 230. Corporations, definition, 209, ag- gregate and sole, 209, ecclesi- astical and lay, 209, public and private, 209, how created, 210, properties of, 209, Congress may create, 210, public municipal, 209, 210, 232, cons, provisions, 252. Costs, acquitted not to pay, 264. Crimes, &c., against U.S., 102, 104. Custom-houses. See Revenue, Na- vigation, Commerce, 25. Corruption of blood, 119, 224. Council executive, in a State, 272. Counsel, right to have, 230. See Attorneys at Law. Counterfeiting, power of Cons:ress, 101. Counties, 309, corporate bodies, 309, courts in, 310, officers in, 310, taxes in, 310, expenses of, 310. County Auditors, 310. County Commissioners. 311. County Rates and levies, 310 — 1. County Treasurer, 312. Courts, see Judiciary, to be open, 237, of record, and not of re- cord, 170, of claims, 160, of con- sultation, 291. Criminals, see ' Accused persons.' Currency, Congress to regulate, 100, States not to coin money, 100, or emit bills of credit,. lOO'. Customs, see Imports. INDEX. 329 Currency, continued; power of State legislature, 244. Day, what in law, 213. Debtors, when not to be impri- soned, 234. Declaration of Independence, 37, 214 ; national era, 37, act of all the people, 37. Declaration of rights, see Bill of Rights. Declared principles in federal con- stitution, 45, 133, 136. Delegated powers of government, 45. Denizens, 273. Debtor's property exempt, 258, homestead, 258. Domain public, of the U. S., 49, 107. Debate, freedom of, 77. Deeds and conveyances, recording, 313, before whom acknowledged, 313. See Mortgages. Democracy, form of government, 35. Departments, of government of U. S., 47, 44, its powers distributed, 47, 144, legislative, 47, 64, ex- ecutive, 47, 143, judicial, 47, co- ordinate, 47, 156, subordinate executive, of U. S., 15, 67, 161, heads of 156, 161. Departments general, of State governments, 197 — 8, co-ordi- nate branches, 198, subordinate, of State governments, 305. Despotism, 35. Directors of the Poor, 000. Discovery, of new country, right, 70. See Patent Right, 000. Districts judicial, of IJ. S., 165, officers thereof, 165. District Courts of U. S., 187. District Attorney, of U. S., 186, 881 ; of county, 314. District schools, 318. District of Columbia, 49, 107. Congress has exclusive jurisdic- tion, 49, 103 ; 106, government of, 49, 107. Congress may lay ti..x it), 107. Divorce, coas. provision, 257. Dockyards, offences in, 103. Domestic manufacturers, see Ta- riff. Duelist, not to hold office, 241, 262, 295. Duties, see Taxes. Education, see Common Schools, Seminaries ; Cons, provisions, 235, 255. Elections in the State, 212, quali- fications of electors, 300, mode of voting, 231, 300 ; cons. provisions, 230, privilege of electors from arrest, 300, bribe- ry, 295, officers of elections, 301, how conducted, 301, deter- mined by plurality of votes, 301, general, 299, returns, 300, town- ship, 301, special, 315. Electors, see Elections. Electors of President and Vice President of U. S., how appor- tioned, 144 — 5, qualifications, 144, time of election, 144, col- lege of, 145, time of meeting, 145, mode of voting, &c., 145, place of meeting, 145, vacancies supplied, 145. Embargo, power of Congress, 94. Emigration, right of, 237. Engrossment of bills in Congress. Enlistment, under foreign govern- ment, 104. Enrolment of bills, in Congress, 116, in State legislatures, 268, of ships, 97. Entry of imported goods, what, 90, ports, 121. Entailments, 237. Enumerated powers of general government, 45, 84, of Con- gress, 84. Enumeration of people, see Cen sus ; of taxables, 294. Envoys, 104, 161. Equity, see Chancery. Equality of rights, by State Con- stitutions, 214, 219, by Declara- tion of Independence, 215. Evidence of records, of one State in another,113. Excise taxes, see Taxes. 330 INDEX. Executive council of a State, 272. Executive department of general government, 47, 143, 157 ; sub- ordinate branches, 157. Executive of U. S., 143, a S*cate,272. Executive departm't of a State, 272. Executive officers of U. S., 155, of States, 272, 292. Exemplification of records, by Se- cretary of State of U. S., 158 ; of the States, 306, by Recorder of Deeds, 313. Expatriation, 51. Exports, see Taxes. Ex post facto law, what, 120, 127, federal constitution, 120, 127, State constitutions, 224. Exports, not taxable by Congress, 120, by the States, 120. Expulsion of members of Con- gress,83,in State legislatures, 245 Federal government, 35, 43, con- stitution, 43, administration, 155, republic, the U. S., 35, 43, popu- lation, 73 — 4. Felonies on the seas, power of Con- gress to punish, 102. Females, political condition, 211, unmarried, rights of, 211, mar- ried, rights of, 258, 211. Fence viewers, 315. Fines not to be excessive, consti- tution of U. S., 141, cons, of States, 230. Fisheries, see Commerce, Naviga- tion. Forfeitures, see Fines. Forts, offences in, 103. Foreign nations, offences against, 104. Foreigners, see Aliens, Commerce; officers of U. S., not to accept title or gift, 121, 221. Foreign territory, purchase of, 49, annexation of, 49. Free negroes, see Negroes. Freedom of speech and press, 121, libels, 222, in Congress, 77, in State legislatures, 243. Freedom of debate, see Freedom of speech. Freedom of conscience, 121. Fugitives from labor; 128, see Slaves. Fugitives from justice, 135. Gold and silver, see Tender, Coins, Money. Gaols of States, when used for U. S., prisoners, 189. Good behaviour, tenure of office, 232 ; see Officers. Goods and chattels, what, 207. Government, forms of 35, defini- tion of, 35, supreme power of people, 217, 42, 136; power of people to alter, 42. Government of U. S., form of, 35, 42, 193 ; commencement of, 35, 36, 42 ; federal, what, 35, 43 ; general, what, 36, of limited powers, 45, 85 ; nature of 42, powers of government of U. S., 43, 85 ; classified, 44, depart- ments of government of U. S., 44, 47. Governments of the States, 36, 192 ; powers, 36, departments of, 197. Governors of States, Part ii. ch. v executives of States, 272, exe cutive council, 272, election, 273, term of service, 274, quali- fications, 274, compensation, 274, duties and powers, 275. power as to legislation, 275, ap pointment of officers, 276, mili- tary power, 276, power of par- don, 276, impeachment of, 276, vacancy, 280 ; veto power, 276, communications to Le- gislatures, 276, consulting pow- er, 276, conservators of the peace, 276, to appoint U. S., Senators, when, 279, as to Eeps. in Congress, 279, as to fugitives from justice, 279, registry of acts, 280, power of legislature as to his acts, 280, secretaries of, 280, Lieutenant Governors. 281, to remove officers, 276. Grand jury, see Indictment iw i Trial by Jury Guaranty by federal govpniM- i to the States, 136, of a i< . ....• INDEX. 331 can government, 111, of protec- tion against invasion, 105, against domestic violence, 105. Habeas Corpus, writ of definition, 119, 139, 171 ; privilege of, not to be suspended, 119, 224. Heads of Departments, of U. S., ' 44, 47 ; States, 157. Hereditary titles, 221, 121, not to be granted, 127, officers of U. S., not to receive, from fo- reign prince, 221, not granted by States, 221, aliens to re- nounce on being naturalized, 97. High seas, include what, 95, see Commerce, 102, offiences, in,102. Homestead exempt, 258. Immigrants, 29.S. Impeachment, definition of, 69, before Senate of U. S., 89, 71, by H. of Rep. of U. S., 69, 157, punishment on, 70, for what of- fences, 70, who may be im- peached, 69, in the States, 248, 250. Implied powers of government, see powers of government. Imports, States not to tax, 91, state tax on vendors of, uncon- stitutional, 94 — 5. Imports, see Taxes. Imprisonment, see Arrest, Habeas Corpus ; not for debt, when, 234. Improvements internal, power of Congress, 101, 91. Incidental powers, see Powers. Incompatibility of offices, see Of- fices. Independence, Declaration of, 37, of U. S., when. Indian tribes, relation to the gene- ral government, 52, 96, com- merce with, 95, 96, 103 ; terri- tory, purchase of, 49, 52, 96; Indians, 98, in the States. Indian agents, 96, 107. Indictment, right of trial by, 32, 33, 140 ; acquitted, not to pay costs, 264. Industry, domestic, power of Con- ! gress, 91, I Infants, who are, 2il. Information, prosecution by, 140, federal constitution, 32, State constitutions, 140. Inquests, on dead bodies, by coro- ner, 314, Insolvent laws, see Bankrupts, na- ture of, 100, 124, in States, 124. Internal improvements, power of, 101, Congress, 91, in States, 263. Inspection laws, see Taxes, as to taxes on imports by a State, 91. Instruction, see Schools. Insurrection, States protected against, 105, power of Congress, 105, powers of President of U. S., 106. Interior, Department of the, 161. Interest for money, 258, Invasion, States protected, 105, 137, power of President, 106. Inventions, see Patent Rights. Journals, of Congress, 82, of State legislature, 246. Judges, see Judiciary. Judicial department, see Judiciary. Judiciary of U. S., Part i. c. ix. p. 167, department of government, ^ 47, 167, jurisdiction in general, 167, 171, judges, how appointed, 179, tenure of office, 180, im- peachment, 181, compensation, 181. Supreme Court of U. S. Organization, 179, 182, jurisdic- tion, 182, 185, appeal to, from State courts, 183, decisions fi- nal, on constitutional questions, 57, 184. CivcuU Courts of U. S., Organization, 185, jurisdiction, 186—7. District Cotirts of V. S.f Organization, 187, jurisdiction, 187, judicial districts, 187, 165, officers of Courts of U. S., 189. Coiirtsin U.S., Territories, ISA:^ Courts ill District of Colum- bia, 187, Court of Claims,\88. Jurisdiction of a Court, meaning of, 169, original and appellate 3B2 INDEX. lYO, exclusive and concurrent, 1Y6, civil and criminal, 176, of State courts under Acts of Con- gress, 191, 176, and of State magistrates, 128, admiralty and maritime, 172, chancery and equity, 284, administration of justice, 236. Judiciary of the States, Part ii. c. vL Department of government, 283, jurisdiction in general, 283, under laws of U. S., 285, courts State, 284, judges, appointment, 286, term of office, 286, salaries, 286, impeachment, 286, remov- al, 287, incompatibility, 296, de- cision of constitutional ques- tions, 284, appeal from to Su- preme Court of U. S., 285, law and fact, 291, officers of the Courts^ 290, to decide constitu- tional questions, 216. Judges, to file their opinions, 289, not to decide facts, 2dl. Register's Courts, 284, 312. Orphan's Courts, 234, 312. District Courts, 234. Judicial decisions, publication, 291; ^ Jury, trial by, 139, 140. Justices of the Peace, in the States, 289, 128, 318. Justice, fugitives from, 135. Justice, administration, 236. Land, title, 237. Lands public, of U. S., 108, how surveyed and sold, 108, how ac- quired, 108, proceeds of sales, 108, a common fund, &c., 109, see Territory of U. S. Land office, of U. S., 198, of a State, 308. Law, definition, 262, common, 202, 204, statute, 202, chancery or equity, 207, constitutional, 54, protection of due process,- 33, 140, right of remedy, 140, 236, in tJ. S., courts, 178. Law of nations, definition, 207, of- fences against, punished by Acts of Congress, 103, 104, part of law of the States, 207. Laws, statute or written, 202, rules of construction, 203, how enact- ed, 266, how repealed, 64, 204, date of, 202, when to take effect, 203, repeal former laws, 204, public or private, 203, ex post facto, 120, 224, 127; declared unconstitutional, 116, not to be suspended, &c., 235, titles, 263 Laws of U. S., see Acts of Con- gress. Laws of the States, see Laws ; how enacted, 203, 266, where pre- served and recorded, 268, 235 ; publication of 203, evidence of 133, 113, declared unconstitu- tional, 204, suspension, 235, to be uniform, 237, 89, revision, 27.0. Lead mines of U. S., 108. Legislature, definition, 64, divided into two branches, 64, 239, see Congress ; of a State, Part ii. c. iv. p. 239, number of members, 240, apportionment of members, 240, qualification of members, 240, incompatibility of office, 241, election of members, 241, pay, 244, term of office of mem- bers, 242, time of meeting, 242, adjournment, 242, 244, privi- leges of members, 242, freedom of debate, 243, each House, pow- ers, 244, to judge as to its mem- bers, 244, contested elections, 244, quorum, 244, officers, 240, rules of proceeding, 244, may punish its members, 244 — 5, may expel its members, 244, to sit with open doors, 245, journal of, 246, yeas and nays, 245, to adjourn, 247, may punish con- tempt, 245, vacancies, how filled, 241, members not impeached, 248, not to be interested, 250, indictable for misdemeanor, 304, protest, 247, powers of, in gene- ral, 258. Legislature Powers. how limit- ed^ 248, express or implied, 248, INDEX. 833 prohibited to, 243, concurrent, 44, 87, power of appointment, 248, impeachment before, 250, 248, mode of passing: laws, 266. Legislature continued. Powers and duties as to revenue, taxes, 250, election of Senators and Repre- sentatives in Congress, 250; as to appropriation of money, 251 ; as to State debts and loans, 251 ; as to corporations, 252 ; as to currency, 253 ; as to banks, 253 ; as to cities and boroughs, as to Treasury, 255 ; as to edu- cation, 255 — 6 ; as to diffusion of knowledge, 257 , as to pub- lic libraries, 257 ; as to asylums, &c., 257 ; as to lotteries, 257 ; as to divorces, 257 ; as to rights of married women, 258 ; as to the rate of interest, usury, 258 ; as to private laws, 259 ; as to suits against the State, 259 ; as to taking private property for public use, 259 ; as to slaves, 260 ; as to compensation of offi- ces, 261 ; as to free negroes and mulattoes, 261 ; as to entail- ments, 261 ; as to right of pri- mogeniture, 261 ; as to internal improvements, 263 ; as to re- jected bills, 263. Libel, law, 222, State cons. 222. Liberty, religious, 121.218 — 9, of speech and press, 121. Libraries public, cons, provision, 257. Lieutenant Governors, see Gover- nors. Lotteries, 257. Mail, see Post Office. Manifest, what, 90. Manufactures domestic, see Ta- riff. Majority of votes when necessary to elect, 301, see Plurality ; of age, 211. Maritime jurisdiction, 172. Married women, rights of, 258, 211. Marque and reprisal, 104, 123; Marshal of U. S., 189. Martial law, 234, Mayor, 329. Mayor's Court, 320. Measures and weights, power of Congress, 101. Military, subordinate, 234. Military Academy, power of Con- gress, 105. Militia, cons, provision, 233. Militia, power of Congress, 105, 127, power of President, 106. Mines, leard, on public lands, re- served to U. S., 108. Ministers, foreign, 161, 104, of U. S. to foreign countries, 161, 104,. see Treaties. Minor, see Infant. Mint of U. S., 60. Misdemeanor, officers indictable for, 304. Missouri Act, admitting. 111, 118. Mobs,- power to suppress, 313, see posse comiiaius, Sheriff. Monopoly, no, 232. Monarchy, definition, 35. Money, power of Congress to coin, &c., 100 ; to fix value of foreign, 100. to borrow, 92 ; prohibited to States, 100 ; legal tender, 100, 128, of U. S., only paid ou appropriation, 92, 323. Month in law, 213. Mortgages, to be recorded, 313, lien of, 313. Mulattoes, see Negroes. Municipal law, definition, 202, see Law. Municipal corporations, 209. National bank, see Bank. Nations, law of, see Law of Na- tions. Naturalization of aliens, 50, 97, rights of naturalized citizens, 52. Navigation, power of Congress, 93, 95, laws, 97, see Commerce. Navy, power of Congress, 105, Department, 160. Secretary of, 160 J prohibition, 103, 123. National character, of ships and seamen, 97. Neglect, officers indictable for, 304. 334 INDEX, Negroes, slaves, 51, 118, 261; rights of free, 51, 212, see Slaves. Negative, see Veto. jSTobility, see Titles of Nobility. N'otaries Public, 314 Oath, to support constitution of U. S., 46, 157, 303 ; .how adminis- tered, 220, right of conscience, 220, of a State. 294, of of&ce, 157, 160_, 241, 301. Offences criminal, 102, 104, against U. S., 176, political, 70. Officers, of IT. S., 155, 149, no ti- tle, &c.; from foreign prince, 121, 221, appointment of, 149, how- commissioned, 156, removal of 149, vacancies how filled, 149, executive officers, 149, no religi- ous test, 156, oath of office, 157, 166, tenure of good behaviour, 156, impeachment of, 157, in- dictable for neglect or misde- meanor, 70, no interest in claims or contracts, 166, no extra pay, 166, titles, 166, agents of peo- ple, 42, interest in public con- tracts, 79, offences by, 104. Officers of a State, constitutional, 294 ; judicial or executive, 254, civil or military, 294, appoint- ment, 294, election of, 294, ap- pointed by legislature, 294, by Governor, 294, qualifications of, 294, tenure of office, 232, 301; im- peachment of, 301, removal of, 232, oath of office, see Oath, incompatibility, see Offices, no religious test, 121, 295, in- dictable for neglect and misde- meanor, 304, term of office, 301, compensation, 261, religious sentiments, 295, bribery, 295. Offices, under U. S., power to cre- ate, 150, in a State, power to create, 294, eligibility, 232, 303, no hereditary, 221, constituti- onal, 294, tenure of, under U. S., 155, in a State, 301, incom- patibility, cons, of U. S., 78, in the States, 241. Oligarchy, 35. Ordinance of 1787, 118, 212. Orphans' Court, see Judiciary. Overseers of Poor, 317. Oyer and Terminer, 230. Pardon and reprieve, by President of U, S,, 148, before conviction, 148, Governors of States, 276. Passports, violation of, 104, to ships, 97. Patent Office of U. S., 101. Patent right, definition, 101, law securing, 101. Paupers, see Poor. Path Masters, 317. Peace, see Conservators of the Peace. People, supreme power of, 42, 192, 163, 199; reserved rights of, 45, 194, see Bill of Rights. Permit, what, 90. Persons, division, of, 208. Peremptory rights, 139, 138, 214. Perpetuities, no, 232. Petition, right of, 121, 223. Piracy, definition, 94, 102, power of Congress, 94, 118, slave trade, 93—4, 104. Plurality of votes, 301. Political offences, 70. Posse comiiaius, 313, power of Sheriff, &o., to suppress riots and mobs, 313. Police, county board, 311. Ports, no preference, 122, offences against, 104. Post Offices and roads, power of Congress, 101, construction of provision, 101, offences ag'st 104. Post Office department, 161. Post Master General, 161. Polls at elections, 301, book, 301. Poll tax, power of Congress, 120. Poor, support of, 314, directors o^ 314, 317. Private property, security of, see Property. Powers of general Government, 43, classification of, 44, 113, of Congress, 64, 84, classification of, 44. enumerated and express, 45, 84, incidental and implied, 44, 113, nature of, 85, 44, result- ing, 87, exclusive, 45, 87, con- INDEX. 335 current, 45, 87, reserved, 44, 45, no constructive, 87, prohibited to general gov't., 118, 44, 85; to Congress, 118, to the States, 44, 123, in several departments, 44, 47, of State governments, 192. Preamble of federal cons, con- struction of, 61, of laws, 61. President of the U. S., Part i. c. viii. 143, qualifications, 144, mode of election, 144, electors of, 144, qualifications, 145, how appointed or elected, 144, when elected, 144, college of, 145, how to vote, 145, day of counting votes, 145, election by House of Representatives, 145, term of office, 146. President of U. S., oath of office, 144, compensation, 147, power as to army and navy, 105, 147, the militia, 106, 147, may call out militia, &c., 106, 147, opini- ons of Heads of Department, 148, power of pardon and re- prieve, 148, power of appoint- ment, 149, of removal, 149, veto power, 114, 151, power to con- vene Congress, 151, to adjourn Congress 151, messages to Con- gress, 151, to receive Ambassa- dors, &c., 151, impeachment of, 152, vacancy in office, 157, how filled, 157. Press, freedom of, 121, 222. Presentment, see Indictment. Primogeniture, 237, 261. Priority, of deeds recorded, 313, Mortgages, 313. Prisons, see Gaols. Prisoners,constitutional provisions, 224, see Accused. Privateers, what, 104, power of Congress, 104, 123. Privilege from arrest, of members of Congress, and State legisla- tures, 77, 243, from attending suits, 243. Privilege, of members of Con- gress, 77, 243. Probate, judges, 312. Process, see Law ; to be in the name of the State, 293. Prohibited powers, see Powers. Proof, see Evidence. Property, private, not taken for use, 121, 224, without compen- sation, 259, security of, 121, 224. Proprietary governments, 39. Prosecuting Attorn ies, 314. Prosecution, see Accused Persons , Trial by jury; in name of State, 293. Protection of citizens, 46, 97. Protection of the States, 137, of domestic industry, see Tariff. Protest, by members of Legisla- ture, 248. Provincial governments, 38. Prothonotaries, 290, 312. Public acts and records of a State, effect of, in every other State, 113, 133, how proved, 133. Public lands, see Vacant Lands. Public use, private property not taken for, &c., 141. Punishments excessive, prohibited, 141, 230. Qualifications, see Elections, Offi- cers. Quartering of soldiers, constituti- onal provisions, 141, 234. Quorum, what, 81, in Congress, 81, in State legislatures, 244. Ratio, of Representatives in Con- gress, 75, members in State le- gislatures, 240. Rates and levies, county, 310, township, 316. Recorder, county, 313. Records, see Deeds. Evidence, 133, of one State in another, 113. Redress, right of, in courts, 140, 236. Register, as to public lands of U. S., 107, in Treasury of U. S., 160. Register, county, 312. Register's Court, see Judiciary. Registry, of ships, 97, see Navi- gation. 336 INDEX. Religion^ no establishmeut of, 121, toleration, 220, 295, no religious test, 121. 156, liberty of, 121, 213, Remedy, right of, in courts, 140, 236. Removal, see Officers. Reprieve, see Pardon. Representation, principle of, 42, 48, 193; and taxes, 120, in government of, U. S., 48, in Congress, 64 — 5, 72, see Ratio. Representatives in Congress, 73, apportionment of, 73, election of, 72, House of, 72. Representatives, House of, ii States, see Legislature. Republic, definition, 35, U. S., a fe- deral republic, 35, eacb State a republic, 192, guarantee to each State, 111, 136. Reserved powers, 45, 113, 142. Revenue, see Taxes ; bills in Con- gress, 83, 88, 91 ; laws, 90. Revolution, American, 37, 40. Revolutionary government, 39, 40. Rights, see Bill of Rights : equality of, 42—3, 216. Right of petition, see Petition. Right of people to assemble, 222. Right to bear arms, 141, 233. Right of suffrage, 230, of free col- ored persons, 51, 212, 261. Rights secured by cons, of U. S., 45, 139, declared, 45, 138, 139. Rivers, power of Congress, 95, ju- risdiction of U. S. courts, 95, 102. Roads, power of Congress, 101, ju- risdiction of States over national 85, ]^asters, 317, Supervisors roads, 316, Path Masters, 317. Rules of proceeding, in Congress, 82, in State legislature, 266, 244. Sabbath, recognized in federal con- stitution, 24, cons, provisions, 235, 255. Safe, conducts, violation of, 104. Salaries, see Officers ; see titles of the different officers. Salt springs, on public lands, re- served to U. S., 108. Schools, common, 235, provision of cons. 235. Common School Fund, 318. State appropriation, 318. Superintendent, 318, 269. Districts, 318. Directors. 318. Taxes, 318. Seals, public of U. S., 158, State, 292, county, 310—11. Seamen, 95, see Commerce. Searches and seizures, see Arrest, constitution of U. S., 139, of the States, 224. Seas, high, what, 95, jurisdiction over, 95, 102. Seat of government of U. S., 106, 49, see District of Columbia. Secede, a State cannot secede from the Union, 46, 196. Secretary of State, of U. S., 158, department of, 158. Secretary of the navy, see Navy. Secretary of War, see War. Secretary of Treasury ofU. S., see Treasury. Secretarv of State, in the States, 306. Security, from unlawful arrests, 139, of private property against public use, 141, 224, 259, of con- tracts, 124, 141, 224—25. Sedition, see Insurrection. Seizures, see Searches, Arrest. Selectmen, 316. Seminaries, see Colleges. Senate, of U. S., see Congress. Senate, see Legislature. Settlement of paupers, see Poor. Sheriff, 190, 313. Ships, see Revenue, Commerce, Na- vigation ; National character, 97- Slaves, 51, 118, 212 ; representa- tion in Congress on number of. 73, fugitive, how recovered, 128, Acts of Congress, 128, construc- tion of, 128, importation of, pro- hibited, 118, piracy, 93 — 4, re- strictions on new States, 112, no slavery in N. W. Territory, 112. slavery in Louisiana territory limited, 112, slave trade, 93. slavery in the States, 212, law ,/ INDEX. 337 of, 212, in District of Columbia, 51. Smuggling, 90. Solicitor of Treasury ofU. S., 160. Soldiers, quartering, 141, 234. Sovereign, U. S., government, not, 43, 45, States not, in what sense, 43. Speech, freedom of, see Freedom. Speech, liberty, 222. Standard of weights and measures, 101. States and State officers, 292, 305. State Treasurer, 307. State Department, of U. S., 158, of States, 30G. States, when became independent, 37, 193 — 4, original, 37, names, 52, relations to the Union, 46, 194, 192, to each other, 195, 192; not sovereign, how, 43, 197, administration, 292, nature of governments, 192, republics, 192, constitutions of, 193, taxes in, see Taxes ; republican gov- ernment guaranteed, 111, 136, protection of, from invasion, 105, against domestic violence, 105, cannot secede from Union, 46, 196, new, admission of, 49, 111, out of foreign territory, 49, pow- ers prohibited, 123, citizens of, 46, 134, 36 ; represented in gen- eral government, 43. Statute, see Laws, Stock, of U. S., State tax on un- constitutional, 91. Stock, State, what, 306. Stock, taxable in, 305. Suit, not against U. S., 160 ; nor State, 175, against State, 235, 259. Suffrage, right of, see Elections. Sunday, see Sabbath. Super't of Common Schools, 305. Supervisors of roads, 316. Supreme power of people, see People. Suspension of laws, no power, 235. Surveyor General of U. S., 107, State, 308, 314. Surveyors, deputies, 308, county, 314. Tariff, what, 91, power of Con- gress, 91. Taxes, definition, 88, direct and indirect, 89, imposts, 88, duties, 89, poll or capitation, 89, 120, excise, 89, apportioned among the States, 74, 89, according to federal population, 74, 89, 120 ; to be uniform, 89. Taxes, not on exports, 120, collec- tion of 89, Power of Congress, 88, 120. Power of States, 250. Prohibition on States, 91, 120. Tariff, power of Congress, 91. State, on Bank of U. S., uncon- stitutional, 91, and on stocks of U. S., 91. Taxes State, power of States, 250, different kinds in a State, 305, objects of taxation, 305. Taxes county, 310. Taxes township, 316 — 17. Taxables, see Census j enumeration of, 74. Tender legal, 100. Territory of U. S., 49, 96, 107, 109, offences in, 303, 109, tax may be laid by Congress, 91, general power of Congress, 97, vacant lands, 108 — 9, 97 ; power to ac- quire foreign territory, 49, 97, 109. Territorial governments, 48, 109, delegates in Congress, 109, 115, power of Congress, 110, 103. Time, what is a year, 213, a month, 213, a day, 218, Titles of nobility, not to be grant- ed, 121, 127, 221 ; officers not accept, 121, 127, of office, 166, Title to land, 237. Toleration of religion, seeKeligion. Tonage, definition of, 91, States not to lay duty on, 91, 128. Townships, 315, corporate bodies, 315, officers of, 315, taxes in, see Taxes, 316. Towns, same as townships in some States, 316. Township clerk, 314, 317. Treasurer of U. S., 159. 338 INDEX. Treasury of U. S., Sec'ry of, 159, 161, 121; no, money drawn out but by law, 92, receipts and ex- penditures published, 91, depart- ment, 159, auditors of, 159. solici- tor, 160, assistant, 160. Treasury of a State, 307, no money drawn, kc, 255, receipts and expenditures published, 307. Treasurer of a State, 307. Treasurer, county, 312. Treason against U. S., 24, 103, 109. Treatise, definition, 203, how ne- gotiated, l-iS, power of Presi- dent, &c., 149, of the Senate of U. S., 72, authority of, 149, 202, as to foreign territory, 111, States not to form, &c., 121. Trial by jury, cons. 178, 224, 32, 33, 139—40, 171 ; State consti- tutions, 000. Troops, see Army. Trustees, county, 311, township, 316. Union, perpetual, 46, government of, 36, 46, new States admitted into. 111, out of foreign terri- tory, 111, a State cannot secede from, 46, 196. United States, a republic, 36, gov- ernment of, how formed, 36, 42, •when became independent, 36, meaning of, 36, 46, territory, 46, 49, 109, no suit against, 160, claims on, 160. Uniformity of laws, 237, 89. Usury, 258. Vacant lands of U. S., 108, how acquired, 108, Session of the States, 108, survey and sale of, 108. Vacant Lands, salt springs and lead mines, 108, power of general government to pur- chase, 108 — 9, General Land Office, of U. S., 107, Sur- veyor General, 108, fund for common benefit of the Union. 108. Veto, meaning of, 151, of Pre- sident of U. S., 151, of State Governors, 275. Vice President, how elected, 153, qualification, 153, term of office, 153, compensation, 154, Presi- dent of Senate of U. S., 154, when to act as President of U. S., 154, impeachment of, 154, vacancy in office, how filledj 155. Voting, see Elections. War, power of Congress to declare, 104, prohibition on the States, 123, Secretary of War, 159, De- partment 159. Warrants to be on oath, 140, Weights and measures, power of Congress to fix standard ot^ 101, Acts of Congress, 101, Wife, see Females. Wills, see Registers. Witness, right of accused person to have process for, 139, accused not compelled to be witness against himself, 139, not to be imprisoned, 237. Woman, see Females. Writ of Error, meaning, 170 — 1. Year, what in law, 213. Yeas and nays, what, 83. in Congress, 83. in States, 245. LIBRARY OF CONGRESS 011 795 418 3