NEETTARGE

Gift of Pure, Northrop
THE LIBRARY OF
THE UNIVERSITY
OMNIBUS
COMMUNE. VINCULUM
ARTIBUS
OF MINNESOTA.
ACCESSION. CLASS 353
m87
25820 BOOK
*

RL
THE CAPITOL AT WASHINGTON.
SANA MEZIA
ELEMENTS
OF
CIVIL GOVERNMENT
LOCAL, STATE, AND NATIONAL
A BRIEF COUrse for unGRADED, GRAMMAR, AND
HIGH SCHOOLS
BY
WILLIAM A. MOWRY;.:PH.D.
FOR TWENTY YEARS THE SENIOR PRINCIPAL OF THE ENGLISH AND CLASSICAL
AUTHOR
SCHOOL, PROVIDENCE, R.I.
STUDIES IN CIVIL GOVERNMENT AND "A HISTORY
OF THE UNITED STATES
LIBRARY

ha
SILVER, BURDETT & CO., PUBLISHERS
NEW YORK
BOSTON
1899
CHICAGO
25820
COPYRIGHT, 1890, 1895,
BY WILLIAM A. MOWRY.
ATOZGMMIM
PREFACE.
ONE of the most gratifying signs of the times is the
increasing interest of late manifested in different parts
of the country in the study of our Civil Government.
This growing interest is seen in the multiplicity of
books relating to this subject, its general discussion in
the daily and weekly press and the monthly and quar-
terly magazines, the formation of Societies for Promoting
Good Citizenship, and especially in the great increase
in the introduction of the study of Civil Government
into the public and private schools, academies, and
colleges in all parts of the country. It is doubtless
true to-day that the study is carefully pursued in many
high, grammar, and ungraded schools in every state in
the Union. It should be, in every school in the country
where there are pupils above thirteen years of age.
Our public school system is maintained upon the
principle that the safety of free institutions demands
intelligence on the part of every citizen. If the property
of the state is to be taxed to educate the children of the
state, it surely follows of necessity that the principles,
methods, powers, and duties of the government, and the
relation of the parts to each other and to the whole,
3
4
PREFACE.
as well as the duties and privileges of the citizen,
should be studied in these schools.
We have many treatises upon the Constitution of
the United States, and text-books of a higher grade for
the study of Civil Government in high schools, acad-
emies, and colleges, - books so extended and complete
that a full year is required to master them; but it is
everywhere felt that a suitable book is very much
needed for ungraded and grammar schools, and for high
schools in the smaller towns and cities, where time
cannot be found for an extended study of the subject.
Moreover, it is found that many of the text-books are
written for older and more mature pupils, thus being
entirely above the reach of the younger and more im-
mature minds in the schools just mentioned
It is the hope of the author that this book will be
found well adapted for the purpose above indicated. It
attempts to discuss, in a brief and elementary manner,
the foundation principies and general facts of our goy-
ernment, local, state, and national, language easily
understood by pupils from twelve to sixteen years of
age, and at the same time without making the silly
and futile attempt to degrade the dignity of the subject
to the language and style of the primer, the first or the
second reader. This subject can scarcely be studied to
advantage by primary scholars, but it can be pursued
with entire success by nearly all boys and girls who
have studied arithmetic to percentage, and who can
comprehend the good English of a fourth reader.
PREFACE.
5
It is believed that the plan of this elementary treatise
will commend itself to teachers everywhere. It is
analytical and topical. It includes,
I. Town Governments.
2. City Governments.
3. County Governments.
4. State Governments.
5. The National Government.
It introduces the history of the early settlements and
the colonies, the formation of the state and national
governments, and the rapid and marvellous growth of
the republic.
It gives topical analyses for blackboard work, and
general outlines for reviews.
This book is not designed to take the place of the
author's "Studies in Civil Government," but its purpose
is to furnish a shorter course, which can be used in
schools where younger pupils can spend from three to
six months in the study of an elementary book, but
would find the larger and more mature treatise too
extensive and too difficult.
The author takes this opportunity to express his
grateful appreciation of the cordial reception and ex-
tended introduction given to his former book, entitled
"Studies in Civil Government," which in two years has
passed through four editions, and is now in extensive
use in all sections of our common country. That book
has just been thoroughly revised, and the necessary
6
PREFACE.
changes made to adapt it to the present condition of
our state and national governments.
It may not be improper to add that these two books
have not been made at the study table merely, but
have grown out of twenty-five years of practical teach-
ing, in which the author has had a class every year in
this subject, and that not a few men now prominent in
both public and business life have expressed the con-
viction that this study has proved of greater interest
and of more practical value to them than that of any
other subject of their entire school curriculum.
The author desires to express the hope that this
brief treatise may serve to promote a higher apprecia-
tion of, and a stronger love for, our free institutions and
our liberal government "of the people," to the end that
they may be perpetual.
DORCHESTER, May 1, 1890.
WILLIAM A. MOWRY.
NOTE TO THE SIXTH EDITION.
FREQUENT changes are required in a book on civil government in order
to keep up with governmental and statistical matters. Each new edition
of this book has been modified to meet such requirements. Since the
printing of the last edition many changes have taken place. The Eleventh
United States Census has been published, a new apportionment for the
national House of Representatives has been made, new states have been ad-
mitted, a new territory established, a new presidential administration begun,
ambassadors are sent to several foreign governments, new postal arrange-
ments made; while other minor changes of the text have become necessary.
Moreover, several state editions of the book have been published, so
that now a special edition may be had, adapted for Massachusetts, Ver-
mont, New York, Illinois, Michigan, Minnesota, and Pennsylvania, and
others are in preparation.
Preparatory to the printing of a large edition (the sixth in five years),
the author has carefully gone over the entire work, and incorporated in the
text every known needed change. He desires here to express his gratifi-
cation at the very liberal patronage the book has received, and he indulges
the hope that it may continue to be useful in promoting and increasing a
true patriotic spirit in the schools of our country.
W. A. M.
HYDE PARK, MASS., Nov. 1, 1895.
CONTENTS.
PART I.
LOCAL AND STATE GOVERNMENTS.
INTRODUCTORY
CHAPTER I.
CHAPTER II.
+
PAGE
II
LOCAL GOVERNMENT
17
CHAPTER III.
STATE GOVERNMENTS
39
CHAPTER IV.
COLONIAL AND REVOLUTIONARY HISTORY.
55
7
8
CONTENTS.
PART II.
THE NATIONAL GOVERNMENT.
CHAPTER I.
PAGE
THE LEGISLATIVE DEPARTMENT
• 75
CHAPTER II.
THE EXECUTIVE DEPARTMENT.
. IOI
CHAPTER III.
THE JUDICIAL DEPARTMENT
• 137
CHAPTER IV.
MISCELLANEOUS PROVISIONS
. 145
CHAPTER V.
THE AMENDMENTS TO THE CONSTITUTION
• 155
CHAPTER VI,
GENERAL LAWS AFFECTING PERSONS AND PROPERTY
. 163
CHAPTER VII.
THE GROWTH OF OUR COUNTRY
. 179
CHAPTER VIII.
RULES OF PROCEDURE FOR DELIBERATIVE ASSEMBLIES
188
ELEMENTS OF CIVIL GOVERNMENT.
BLACKBOARD OUTLINE.
GOVERNMENT,
1. Local.
Town, Township, or County.
2. State.
At first thirteen states, now forty-five.
3. National.
A true republican government of confederated states.
ΤΟ
PART FIRST.
LOCAL AND STATE governments.
CHAPTER I.
INTRODUCTORY.
*
We live in a republic. Our country is called
the United States of America. It extends from
the Atlantic Ocean on the east, across the Valley
of the Mississippi River, over the Rocky Moun-
tains to the Pacific Ocean on the west. On the
south is the Gulf of Mexico and the republic of
Mexico; on the north is British America; then
far to the northwest beyond British Columbia is
Alaska, which also belongs to the United States.
We have forty-five states, five territories, and the
District of Columbia in which is the city of
Washington, the capital of our country.
All the people in this broad country are citizens
under one government. This is called the Na-
II
12
INTRODUCTORY.
tional Government. This National Government
is divided into three parts, called the Legislative,
the Executive, and the Judicial departments.
The legislative department consists of a Con-
gress of the United States, which includes two
branches, the Senate and the House of Repre-
sentatives.
The executive power is invested in one man
called the President of the United States.
The judicial department comprises a series
of Courts, including the United States District.
Courts, the United States Circuit Courts, and
the Supreme Court of the United States.
There are in this country subject to this one
government more than seventy millions of people.
This is the largest, most prosperous, and most
powerful republic in the world. We ought to
be thankful that we live under a good govern-
ment and that our nation is large, and strong,
and powerful.
By and by we shall want to study the history
of this government, when and how it began, and
how it has grown to its present prosperous con-
dition; but before taking up this subject, let us
consider some other matters. We live not only
in a republic but in a commonwealth. We are
not only citizens of the United States, but we
are citizens of the state of
INTRODUCTORY.
13
Every state has a government of its own. This
government consists, like the National Govern-
ment, of the Legislative, Executive, and Judicial
departments. The legislative department, usu-
ally called the State Legislature, includes a
Senate and a House of Representatives. The
executive officer of the state is called the Gov-
ernor. The courts of the state include local
courts, — that is, Police Courts or Justice Courts,
-County Courts, for the trial of civil and crim-
inal cases, and the Supreme Court of the State.
Again, we are not only citizens of the United
States, and citizens of our state, but we are citi-
zens of the town or city in which we live. So
we have a third kind of government, a local gov-
ernment, that is, the government of our town or
city. It will be necessary, therefore, in our study
of Civil Government, to keep constantly in mind
that we are subject to our local government, to
the laws of the state and to the laws of the
United States. In all matters that relate to
local affairs the town or city government has full
power; in another set of subjects, relating to the
general good of the people of the commonwealth,
the state government has full control; but in
everything which concerns the nation at large,
the authority is vested in the National Govern-
ment.
14
INTRODUCTORY.
The term "state sovereignty" is a misnomer.
There is no such thing, and cannot be in a
republic. Indeed there is in the true sense of
the word—no "sovereignty" in a republic, for
there is no "sovereign." It is only by a figure
of speech that we say "the people are sovereign."
The township cannot interfere with the state or
the nation, neither has the state or the nation
the right to infringe upon the powers or preroga-
tives of the town.
Thus we have three distinct parts to our gov-
ernment: (1) the local,-township, city, or county;
(2) the state; and (3) the nation. But in all these
the people rule. Either by themselves or by their
representatives, the people carry on all the func-
tions of the government. All officers are chosen
by the people, and are responsible to them. If
they do not carry out the will of the people, they
are soon replaced by others. These are the feat-
ures of a republican government.
Most of the governments of Europe are Mon-
archies. In a monarchy the King, or Emperor,
Czar, or Sultan, is the sovereign. In an Absolute
Monarchy the will of the sovereign is supreme.
In a Limited Monarchy the power of the sov-
ereign is limited by constitutional guarantees, and
is held in check by other authorities. In ancient
times there were five great monarchies in Asia,
INTRODUCTORY.
15
Assyria, Babylonia, Chaldea, Medea, and Persia.
Prior to the fifteenth century Europe was governed
mostly by absolute monarchs. The two revolutions
in England during the seventeenth century, and
more recent changes on the continent, have en-
abled the people to obtain great concessions from
the kings. France is now a republic, and in
Great Britain, although nominally a kingdom, the
Queen has in reality but little power.
The gov-
ernment consists principally in the Parliament,
the Cabinet, and the courts.
To live in a republie is a great advantage,
which all should appreciate. Our government is
the freest, the most just, and the strongest of any
nation on earth. We should all, therefore, be
loyal, patriotic citizens, loving our institutions
and intelligently appreciating our great blessings.
QUESTIONS, TOPICS, AND SUGGESTIONS FOR
REVIEW.
Designed to recall what has been learned and to suggest further
thought, reading, and study.
1. What is a republic?
2. Describe the republic we live in.
3. How many square miles does it contain?
4. Citizens of towns, city, or county, of state and of nation.
5. Legislative department — law-making.
6. Executive department— enforcing.
7. Judicial department- interpreting.
BLACKBOARD OUTLINE.
I. Moderator.
2. Town Clerk.
3. Town Treasurer.
4. Selectmen.
TOWN OFFICERS.
5. Assessors.
6. Constable.
7. School Committee.
8. Overseers of the Poor.
9. Highway Surveyors, or Road Commissioners.
1. Mayor.
2. Aldermen.
3. Councilmen.
4. School Committee.
CITY OFFICERS.
5. Overseers of the Poor.
6. City Clerk.
7. City Treasurer.
8. City Solicitor.
9. City Auditor.
10. City Marshal, and others
COUNTY OFFICERS.
1. County Commissioners.
2. County Treasurer.
3. County Auditor.
4. County Registrar.
5. County Sheriff.
6. Coroner.
7. District Attorney.
8. County Assessors.
9. County School Commissioner, and others.
16
CHAPTER II.
LOCAL GOVERNMENT.
SECTION I. -THE TOWN.
THE town is the local unit of government.
The town government in this country originated
in New England. In the new states of the west
different circumstances have produced a differ-
ent condition of local government. In the early
settlements of New England a town included a
little territory, generally with a central village
and outlying farms scattered here and there.
The people of this territory formed a compact
settlement by itself and constituted a little de-
mocracy, where all the freemen came together in
town meeting and made laws for themselves,
assessed taxes, ordered roads built, schools to be
supported, and determined by a majority vote
whatever seemed best for the well-being of the
little settlement.
These towns were grouped together in a col-
ony, and the colonists were, at that time, subject
to Great Britain. The first town meeting in
America was held in Dorchester, Massachusetts,
17
18
LOCAL GOVERNMENT.
in the year 1633. It was then established as an
institution for that town. The citizens voted
that the meeting should be held monthly, and
that all matters relating to the welfare of the
town were to be determined by a majority vote,
the minority yielding their preferences and agree-
ing to be governed by the majority. Other towns
followed this example and established town meet-
ings the next year, 1634.
The establishment thus early in the history of
our country of the town meeting has proved the
source of much of our freedom at the present time
in state and nation. In the newer settlements
in the west covering greater areas of territory,
generally without the nucleus of a village, the
township, as the people call it there, is of less im-
portance, while much of the local government is
necessarily administered by counties.
SECTION II. — TOWN OFFicers.
A town meeting must be legally called. No-
tices are posted in accordance with law, stating
distinctly the business, article by article, which is
to be transacted by the voters of the town in the
meeting. At the annual town meeting the vari-
ous officers of the town are elected. In some states
the voting for the principal town officers must be
LOCAL GOVERNMENT.
19
by ballot. The meeting is called to order by the
town clerk, then the warrant is read and a mod-
erator is elected. It is the duty of the moderator
to preside at the meeting, to put all motions, de-
clare the vote, to see that everything is done in
proper legal form, and to preserve order. The
principal officers of a town are mentioned below.
•
Who are Voters. - In most of the states the
requisites for voting in town, county, state, and
national elections are as follows:- The person
must be a citizen of the United States, twenty-one
years of age; must have resided within the state,
and county or town, the time required by law.
Some states require a poll or registry tax. Some
do not require citizenship.
More than twenty
states permit women to vote for School Com-
mittee; and in Wyoming, for all officers and on
all questions, the same as men. Kansas has mu-
nicipal suffrage for women.
Besides the appointment of town officers the
voters assembled in town meeting levy taxes,
and make apportionments of money for school
purposes, highways, the support of the poor, and
for such other purposes as may seem necessary,
such as street lights in thickly settled portions of
the town, fire engines, bridges, and various other
matters.
Town Clerk. It is the duty of the Town
20
LOCAL GOVERNMENT.
Clerk to keep the records of all business done
in the town meetings during the year for which
he was elected, to keep records of births, mar-
riages, and deaths in the town, and perform such
other duties of a like nature as the law requires.
Town Treasurer. It is the duty of the Town
Treasurer to keep safely all moneys intrusted to
him, receiving the town's money from the Collec-
tor of Taxes, from the debtors of the town in
payment of bills due to the town, moneys re-
ceived from the state for specified purposes and
from any other sources from which the town may
receive money. He is to pay out this money on
the orders of the proper town officers in accord-
ance with law, and in payment of bills against
the town when certified or audited by the proper
officers. The Town Treasurer is also required
to look after the invested funds of the town, re-
ceiving the interest or income from such funds,
and making a report as occasion may require
from time to time to the town meeting or to the
Selectmen.
Selectmen. The Selectmen or Town Council,
or, as they are called in some states, trustees
of townships, have the general charge of the ex-
ecutive business of the town. They call the
town meetings. In many states they receive
and count the votes for state and national offi-
LOCAL GOVERNMENT.
21
cers, they act as a board of health, where a board
has not been appointed, they lay out highways,
appoint certain minor officers, they represent the
town in suits at law, they draw jurors, in some
cases grant licenses, and do many other things,
some of which differ in different states.
Assessors of Taxes. It is the duty of the
Assessors of Taxes to make an inventory of all
the real estate in the town with the names of
the owners thereof, of all personal property and
owners, and make a list of the names of all per-
sons against whom a poll tax is levied. The
town having voted the amount of tax to be
raised, the assessors will subtract from this sum
the amount of all poll taxes, and then determine
the percentage which is necessary to raise the
remainder of the required tax from the total tax-
able property of the town. The tax list is then
turned over to the Collector, whose duty it is to
notify each person what his tax is and demand
payment thereof. This notice usually states when
and where the tax may be paid, and if not paid.
within the time allowed by law, then the Collec-
tor must institute measures in accordance with
law for its collection from the property assessed.
Constable. It is the duty of the Constable,
like a police officer, to make arrests in accordance
with law of persons charged with crime. A Con-
22
LOCAL GOVERNMENT.
stable having arrested a person will hold him as
prisoner and convey him to a safe place of deten-
tion, keeping him in custody until he shall have
a trial and be acquitted or sent to jail. It is the
duty of the Constable also to serve warrants and
writs, summon witnesses, and to perform all such
duties as are laid upon him by law.
School Committee.. Our people maintain in
all the states and in all the territories a system of
free schools. These schools are not established
and maintained by national authority, but by
state and territorial laws. In some states the
schools are sustained by the state government,
under uniform state laws, the state holding in its
hands absolute control of all public schools within
its jurisdiction. In such cases the state provides
for the appointment generally of county superin-
tendents and county school boards, the township
having but little jurisdiction in the matter. In
most of the older states, in the eastern part of the
country, the township system prevails. In this
section the state usually has a Board of Education
and makes laws concerning the schools and their
general management, but leaves the particular
care of them to the towns. In such cases there
is usually a state appropriation for school pur-
poses, and another appropriation by each town,
according to its needs. In this case the schools
LOCAL GOVERNMENT.
23
of the town are placed under the control of the
School Committee elected by that town. This
Committee usually consists of three or more per-
sons, generally an odd number, who, in accordance
with the laws of the state, have the entire manage-
ment and control of the public schools. In most
states having School Committees they examine
the teachers, grant them certificates, fix the rate
of wages, approve the bills for payment, build,
repair, and keep in order the school-houses,
arrange courses of study, examine the schools,
determine rules and regulations for them, etc. In
some states women, as well as men, vote for
members of the School Committee.
Overseers of the Poor. These officers have
charge of the poor people belonging in the town,
who have no relatives to support them, making
proper arrangements for their support, either in
the almshouse-sometimes called the poor-house
-or boarding them in private families. In some
cases this duty is assigned to the Selectmen.
Road Commissioners or Highway Surveyors.
-These officers have charge of all the necessary
repairs on the highways and of the building of
new roads when ordered by the town. The duties
of other town officers need not be specified.
Herrick's" Powers and Duties of Town Offi-
cers in Massachusetts" gives the following as the
law in that state concerning town meetings:
24
LOCAL GOVERNMENT.
"Every town meeting shall be held in pursu
ance of a warrant under the hand of the select-
men, directed to the constables or to some other
persons appointed by the selectmen for that pur-
pose, who shall forthwith notify such meeting in
the manner prescribed by the by-laws or by a vote
of the town. The selectmen may by the same
warrant call two or more distinct town meetings
for distinct purposes.
"The warrant shall express the time and place
of the meeting, and the subjects to be there acted
upon; the selectmen shall insert therein all sub-
jects which may, in writing, be requested of them
by any ten or more voters of the town, and noth-
ing acted upon shall have a legal operation, un-
less the subject-matter thereof is contained in the
warrant.'
""
The following is the form of the warrant for
calling the Annual Town Meeting in the state
of Massachusetts: -
WARRANT FOR CALLING THE ANNUAL TOWN MEETING.
E-- SS. To either of the Constables of the town
of B— -, in the said county,
Greeting:
In the name of the Commonwealth of Massachusetts,
you are directed to notify the inhabitants of the town of
B——— qualified to vote in elections and in town affairs,
to meet at the Town Hall in said B-
on
the
LOCAL GOVERNMENT.
25
next, at
day of
o'clock in the forenoon,
then and there to act on the following articles : —
I. To choose a moderator to preside in said meeting.
2. To choose all necessary town officers for the year
ensuing.
3. To hear the annual report of the selectmen, and
act thereon.
4. To raise such sums of money as may be necessary
to defray town charges for the ensuing year, and make
appropriations of the same.
And you are directed to serve this warrant, by post-
ing up attested copies thereof, one at the Town Hall,
and one at each of the public meeting-houses in the said
town, fourteen days at least before the time for holding
said meeting. The polls will open at
o'clock, A.M.,
and will close at
o'clock, P.M.
Hereof fail not, and make due return of this warrant,
with your doings thereon, to the Town Clerk, at the
time and place of meeting as aforesaid.
Given under our hands this
year one thousand eight hundred and
day of
-, in the
SELECTMEN OF B-
[NOTE TO THE TEACHER. - Object lessons are the most effective
of all lessons. It is the practice of some of our best teachers to
have the scholars conduct a mock town meeting. Previous to the
day on which the town meeting is held, the teacher should write
off, or have written, a warrant, which should be posted in some
convenient place in the school-house, signed by the selectmen,
previously appointed from the scholars by the teacher. A town
constable and a town clerk should also be previously appointed;
the constable to post the warrant and make returns thereon, and
the town clerk should call the meeting to order, and preside until
a moderator be elected.
26
LOCAL GOVERNMENT.
On the day the town meeting is held, the school should organize
and carry through the forms of such a meeting according to the
warrant already posted. If it be an Annual Town Meeting, let the
town officers be elected by ballot, let the business of the town, as
embodied in the warrant, be conducted in order, and the meeting
finally adjourned.
Any skilful teacher who has a few bright scholars in the school
(and what school has not?) will find this practice of holding town
meetings or of holding mock courts, or a Legislative Assembly, as
the House or the Senate, to be of much interest and of great value
to the school.]
SECTION III. CITIES.
-
When the population of the town becomes so
large that it would be difficult to transact public
business in the town meeting, it is customary
all over the country for the town, by a majority
vote, to apply for a city charter. In some states
a special act of the Legislature is necessary to
grant a charter for the new city. In other states
a charter may be obtained, under circumstances
defined by law, from the officers of the state in
accordance with a general statute for the incor-
poration of cities. This charter must be ac-
cepted by a majority of the legal voters at the
town meeting called for that purpose. The
charter defines the powers and duties of the
several officers to be chosen under it.
The City Government. The City Govern-
ment is vested in the Mayor and the City Coun-
cil. The Council may consist of two bodies, (1) a
LOCAL GOVERNMENT.
27
Board of Aldermen and (2) a larger board called
a Common Council, or it may consist of but
one body, a Board of Aldermen and no Council,
or a Council and no Board of Aldermen.
The Mayor is elected by the voters of the whole
city. The Aldermen are in some cases elected
by wards or districts, and in others on a general
ticket for the whole city. The members of the
Common Council are usually elected by wards.
The city, like the town, has its school commit-
tee, assessors of taxes, overseers of the poor, clerk,
treasurer, collector of taxes; and it usually has
a superintendent of streets, officers of the fire
department, a city solicitor, a city physician, au-
ditor, city marshal or chief of police, and some-
times other officers. Many of these officers are
appointed by the City Council rather than elected
by the people.
Mayor. The Mayor is the executive officer
of the city. He must see that the laws are en-
forced, and that subordinate officers are faithful
in their duties. He makes recommendations to
the City Council. Usually he has a veto power
over the Council similar to the veto power of the
Governor over the Legislature. The Mayor in
some cases is considered as a member of the
Board of Aldermen, and presides over them. In
other cases he presides over them, but has only
28
LOCAL GOVERNMENT.
the casting vote.
In still other cases he is not
connected with the Board of Aldermen.
The Aldermen. The Board of Aldermen
have powers and duties corresponding to those
of the selectmen in the towns. They draw
jurors, issue warrants for ward meetings, and in
legislative matters have joint power with the
Common Council.
City Council. — The City Council, whether
consisting of one body or of two, have the power
to fix the salaries of officers, to levy taxes, borrow
money, make appropriations for the various de-
partments of the City Government, and in gen-
eral to care for the public interests of the city.
The City Council pass what are called ordi-
nances relating to public matters, like the con-
struction of sewers, the crection of buildings,
obstruction of streets, prevention against fires,
punishing vagrancy and truancy, and whatever
is needful for the preservation of property, the
public health, and the general well-being of the
city.
The town organization, as has been seen, is a
democracy, while the City Government is repre-
sentative. The executive power of the mayor
and aldermen in the city corresponds to that of
the selectmen in the town. The legislative power
in the city is found in the City Council instead
LOCAL GOVERNMENT.
29
of the whole body of voters as in the town. The
City Council elects inferior officers instead of the
people as in the town. In the city, voters meet
in districts or wards for the election of officers,
while in towns all the voters usually meet in one
body. In some instances, however, large towns
have been divided into voting precincts.
SECTION IV. — Counties.
The state is divided for convenience in local
government into counties, or into counties and
towns. In the south and some portions of the
west, the states are divided into counties only.
In New England and some of the Middle and
Western States, the counties are sub-divided into
towns or townships. The division into counties
is found in every state except Louisiana, which
is divided into parishes.
In all states where the counties are divided
into towns, the town is the unit of government,
and in some states is more important than the
county. Where the counties are not thus di-
vided, the county is the unit of government.
Where towns exist, the local government is
divided between the county and the town. Both
counties and towns are corporations.
County Commissioners. In most of the states,
but especially in those states where the local gov
30
LOCAL GOVERNMENT.
ernment is vested in the county rather than the
town, the chief executive officers for the counties
are called County Commissioners. In some states
there are officers called supervisors, and the super-
visors of the several towns in the county form a
board of supervisors for that county. These
boards have the care of the public property of
the county and attend to all matters of building
or repairing public buildings, such as the court-
house and county jail. In those states where no
towns are found, or where the county officers
have more political power than those of the
towns, these county boards or county commis-
sioners exercise large powers with regard to
schools, taxes, highways, bridges, etc.
County Treasurer. Each county has a Treas-
urer who has the custody of all moneys belonging
to the county, receiving the funds and paying
them out as required.
County Auditor. In some states there are
officers called County Auditors, whose duty it is
to examine and certify bills against the county.
Recorder or Registrar of Deeds. - In most
states each county has a Recorder or Registrar
of Deeds, whose duty it is to keep permanent
records of all deeds, mortgages, and other written
instruments which are required by law. In a few
states these records are kept by the town clerks
in the several towns.
LOCAL GOVERNMENT.
31
Sheriff. Each county has a Sheriff, or, as
in some states, a Deputy Sheriff, to distinguish
him from the High Sheriff. It is the duty of
the Sheriff to execute all warrants, writs, and
other processes intrusted to him by the courts,
to arrest persons accused of crime, and to have
charge of the county jail and its prisoners.
Coroner. It is the duty of the Coroner to
inquire into the causes of the death of persons
who have died suddenly or by violence. The
Coroner summons a jury, who examine witnesses
and give their opinion in writing as to the man-
ner and cause of the person's death. This is
called a Coroner's inquest.'
District Attorney. It is the duty of the Dis-
trict Attorney to conduct the prosecution in all
courts of the county in which persons are tried
for crimes. He is sometimes called the prosecut-
ing attorney or the state's attorney.
Assessors. Wherever the taxes are assessed
and collected by counties instead of by towns, the
counties have Assessors and Collectors of Taxes.
Their duties have already been described. There
are also county Surveyors and other officers differ-
ing in different states.
School Commissioners or Superintendents. -
In a large number of states the public schools are
managed by counties. In such cases the county
a
1 In Massachusetts, where there is no Coroner, the inquiry is made by
Medical Examiner," and the inquest is held by a court or trial justice.
32
LOCAL GOVERNMENT.
has a School Commissioner or a Superintendent
of Schools, whose duty it is to examine teachers,
visit the schools, and attend to general matters
relating thereto, but only as directed by the laws
of the state. In some states there are county
boards of education, differently constituted, who
have under their care the interests of the public
schools.
These various county officers may be consid-
ered as belonging to two classes in respect to
their jurisdiction. Some of them are the repre-
sentatives of the county only, while others are
considered as state officials, but exercise their
power only in their own county.
The County
Sheriff arrests a man for crime, but as the crime
is fixed by state law, it is considered that the state
arrests the man; yet this arrest is made by the
agent of the county. So when the district attorney
prosecutes him, it is in the name of the state whose
law he has violated. But the county commission-
ers, or the recorder, or county treasurer act only
for their county, and in no sense in the name of
the state
SECTION V. - EDUCATION.
Perhaps no department of our government is
of more importance than our system of public
schools. Although these are supported and regu-
LOCAL GOVERNMENT.
33
lated by the state, yet they are substantially.local
institutions and may properly be treated in this
place.
Monarchies do not necessarily rely on the in-
telligence of the people for the preservation of
their form of government, but a republic is made
secure only by the intelligence and morality of all
the people. It is generally agreed that intelli-
gence, enterprise, thrift, and virtue are essential
elements for a popular government. It would be
unwise and dangerous to the state for us to allow
any portion of our people to bring up their chil-
dren in ignorance or vice.
The public school began its history in this
country in New England. The Boston Latin
School dates from 1635. Harvard College was
founded, partly by private gifts and partly by the
government of Massachusetts Bay, in 1636. The
town of Dorchester established the first public
school which was supported by taxation in 1639.
From this time onward the district school in New
England became an important institution, so that
long ago it was considered one of the boasted
products of New England.
When the territory northwest of the Ohio River
was first settled, many of the pioneers went from
the Eastern States. They carried with them and
established in that section the New England
34
LOCAL GOVERNMENT.
system of public schools. This institution has
since prevailed in all the great northwest and in
the states upon the Pacific coast, and since the
late war it has been established by law in every
southern state. All the organized territories have
also established for themselves public schools. We
have then to-day a system of public schools pre-
vailing in every state of the Union, in every organ-
ized territory, and in the District of Columbia.
The laws relating to the schools, as well as their
management, differ greatly in different states.
In New England, where they first started, much
is left to the people of each town. The state has
a Board of Education and a Superintendent of
Public Instruction. In some states this officer is
called a Commissioner of Education, in others he
is termed the Secretary of the Board of Educa-
tion. The state makes laws for the government
of the schools, and apportions a certain sum of
money among the several towns, but each town
levies a tax upon its inhabitants and their property
for school purposes.
In the west and the south the states have a more
direct management of the schools, exercising a
more immediate control over them. Many states
have school funds to aid in supporting their public
schools. In those states where the counties are
not divided into townships, the schools are county
LOCAL GOVERNMENT.
35
schools, usually divided into districts for schools
of the lower grades, but having one or more
county high schools.
In some states public schools are largely ele-
mentary in their character, but a majority of the
states carry public instruction through a high
school course. Many of the Western States main-
tain also state universities, in which any young
person belonging in the state can have free in-
struction through a liberal course of college or
university study.
Private Institutions of Learning. -In addi-
tion to the public schools, all sections of our
country maintain many private institutions of
learning. There are private schools - primary,
grammar, and high-in most of our large towns
and cities. Many academies and seminaries have
been founded and endowed by benevolent per-
sons, where an excellent education can be ob-
tained at moderate expense. Colleges and uni-
versities are numerous in all parts of our country.
Many of them are well endowed with large funds,
enabling them to give a liberal education at a
small part of its actual cost. Of late, parochial
schools have been established by the Roman
Catholic Church in large numbers in aifferent
sections of the country. The different Protes-
tant denominations have, to a greater or less
36
LOCAL GOVERNMENT.
extent, denominational schools here and there,
of various grades. Perhaps there is no country
in the world where the opportunities for every
one to obtain a good education are more wide-
spread than in the United States of America.
QUESTIONS, TOPICS, AND SUGGESTIONS FOR
REVIEW.
Designed to recall what has been learned and to suggest further
thought, reading, and study.
TOWNS.
1. Give an account of the early New England town.
2. Western towns. Why are the towns in some sections
of less relative importance than in New England?
3. Town meeting - importance.
4. Town officers - how elected.
5. Duties of Town Clerk.
6. Duties of Town Treasurer.
7. Duties of Selectmen.
8. Duties of Assessors.
9. Duties of Constable.
10. Duties of School Committee.
II. Duties of Overseers of the Poor.
12. Duties of Road Commissioners.
13. What preliminaries are needed before a town meeting
can be legally organized?
14. What can be done legally in a town meeting?
CITIES.
15. What is a city charter?
16. How obtained?
LOCAL GOVERNMENT.
37
17. Difference between a town government and a city
government.
18. How is the Mayor elected?
19. Duties of Mayor.
20. Duties of Aldermen.
21. Duties of Councilmen.
COUNTIES.
22. Where are counties of the most importance? Why?
23. What state has no counties?
24. When are counties units of government?
25. Duties of County Commissioners.
26. Duties of County Treasurer.
27. Duties of County Auditor.
28. Duties of Recorder.
29. Duties of Sheriff.
30. Duties of Coroner.
31. Duties of District Attorney.
32. Duties of Assessors.
33. Duties of School Commissioners.
34. Write an essay upon our system of public schools.
[Let different pupils take different topics concerning public schools,
e.g.: (1) Why is it right or just to tax all the property to support public
schools? (2) The necessity of compulsory education. (3) Should the
state support high schools? (4) Should it support colleges? (5) Advan-
tages and disadvantages of private schools. (6) Advantages of graded
schools. (7) Why should we learn to read? (8) Is it a disgrace to be a
poor speller? (9) Is it any credit to be a good speller?]
BLACKBOARD OUTLINE.
DEPARTMENTS OF GOVERNMENT.
I. Legislative
1
3. Judicial.
2. Executive.
LEGISLATIVE DEPARTMENT.
1. The House.
2. The Senate.
EXECUTIVE DEPARTMENT.
1. The Governor.
I 2. The Lieutenant-Governor.
3. The Council.
OTHER EXECUTIVE OFFICERS.
1. Secretary of State.
2. Treasurer.
3. Auditor.
4. Attorney-General.
5. Surveyor-General.
6. Commissioner
Schools.
of Public
7. State Librarian, and others.
1. Justice Courts.
2. Police Courts.
THE STATE COURTS.
3. County Courts.
4. Supreme Court.
38
CHAPTER III.
STATE GOVERNMENTS.
SECTION I. THEIR ORIGIN.
WHEN the War of the Revolution commenced,
it united thirteen English colonies, which were
located along the Atlantic coast of North Amer-
ica, in rebellion against the British government.
On the 4th of July, 1776, these colonies, through
their delegates assembled in the Continental
Congress, declared themselves independent of
the mother country, and published to the world
their intention of taking their place as one of
the nations of the earth. The several colonies
at that moment became states. They immedi-
ately adjusted their government in accordance
with the new conditions under which they were
placed. On that same day began the new nation
of the United States of America, and the separate
existence of each state as a state in the Union.
One after another of these states formed a written
constitution for itself, some just before, the others
after the Declaration. These were termed state
constitutions. Every one of the present forty-
39
40
STATE GOVERNMENTS.
five states has a written constitution, which was
formed by a convention of the people, and which
has been adopted by a majority vote.
Virginia was the first state to adopt a consti-
tution, June 29, 1776. On the 2d of July, New
Jersey adopted a constitution. These two were
prior to the Declaration of Independence. Be-
fore the end of that year, Maryland, Delaware,
Pennsylvania, and North Carolina had adopted
constitutions. In 1777 Georgia, New York, and
Vermont adopted constitutions, although Ver-
mont was not admitted into the Union as a state
until 1791. South Carolina adopted her consti-
tution in 1778, Massachusetts in 1780, and New
Hampshire in 1784.
Connecticut and Rhode Island continued their
governments under their former charters received
from the king. The charter of Connecticut dated
from April 20, 1662, and it served as a constitu-
tion for that state until the year 1818. The
charter of Rhode Island went into operation
July 8, 1663, and that little state retained it as
her constitution until the year 1843, when she
adopted a state constitution. At the time that
charter was superseded by the new constitution
(1843), it was the oldest written constitution then
in force in the world.
These various state constitutions all contained
substantially:
STATE GOVERNMENTS
41
1. A Bill of Rights.
2. An Executive Department.
3. A Legislative Department.
4. A Judicial Department.
SECTION II. THE LEGISLATIVE DEPARTMENT.
The Legislative Department makes the laws
for the state, but the state laws must not conflict
with the constitution of the state nor the consti-
tution of the nation. The state laws relate to
matters of justice, equity, and rights, concerning
the dealings of the citizens with each other and
with the state. They provide for the organiza-
tion of corporations, the establishment and sup-
port of educational and charitable institutions,
and make all needed regulations for the prosecu-
tion and punishment of crime. In general, the
aim of the Legislature in all laws is to promote
the general welfare of the people of the state.
It was but natural that these English colonists
should follow in many things the notions and cus-
toms which they had received from the mother
country. In Great Britain the Legislative De-
partment of the government included the House
of Commons and the House of Lords. The
American states severally, and the United States
in its constitution, all followed the British system
of two houses.
*
42
STATE GOVERNMENTS.
•
The House of Representatives. - Each state
has a House of Representatives, although not
always called by that name. The Representa-
tives are chosen in nearly all of the states on the
basis of population. For this purpose the state
is divided into representative districts. A few
states elect representatives for one year, but more
elect for two years; while some elect for three
years, and a few for four years.
The Senate.-The Senate is considered the
upper house of the Legislature. The office of
Senator is supposed to be of higher honor than
that of Representative. The Senators are cho-
sen from senatorial districts, which in all of the
states are larger than the representative dis-
tricts, making the Senate a smaller body than
the House. Each house has a list of standing
committees, and most of the business of the two
houses is considered, examined, digested, and re-
ported to the house by the appropriate commit-
tees; so that much of the ordinary business of
the house is to pass a formal sanction upon what
has been done by the committees. In this way
the transaction of business is greatly facilitated,
and the result is probably wiser than if every de-
tail came before the full house.
When, however, some matter of importance
upon which there is a diversity of opinion comes
STATE GOVERNMENTS.
43
from a committee, the house discusses the sub-
ject, the members who are specially interested in
that particular question debate it with all the
strength of their decided convictions; and then,
when the majority has decided the point, the
minority yield gracefully, and the law is passed or
defeated, as the case may be.
The Making of a Law. Before any bill can
become a law it must be presented to one of these
two houses, usually reported upon favorably by a
committee, passed to a second reading, generally
laid over until another day, then being called up
it takes its third reading, and if adopted by the
requisite vote, is sent to the other house. Here
it goes through the same form as before, and on
a favorable report from the proper committee it
passes to its three readings. If at the third read-
ing it obtains a majority vote, it is ordered to be
engrossed and sent to the Governor for his signa-
ture. In most states the Governor has a veto
over all bills passed by the Legislature. If be
signs the bill, thereby indicating his approval of
it, it becomes a law, and it is then sent to the
Secretary of State to be placed on file for pres-
ervation. If the Governor disapproves of the
bill he refuses to sign it, or in other words he
"vetoes" the bill, and returns it with his objec-
tions to the house where it originated. In this
44
STATE GOVERNMENTS.
case it must pass the two houses of the Legisla
ture again, and in nearly all the states a two-
thirds vote is necessary. If it fails to receive
this vote in either house, the bill is killed. In
some states a majority vote only is necessary to
pass the bill over the Governor's veto.
Each house is the judge of the election and
qualifications of its own members, chooses its
own officers, and establishes its rules of proced-
In some of the states the House of Repre-
sentatives only can originate bills looking toward
taxation or the expenditure of money.
ure.
SECTION III. -THE EXECUTIVE DEPARTMENT.
The Governor. -The chief executive officer
of the state is the Governor. It is a common
custom to apply to him the title of "His Excel-
lency." In the early history of the states New
Hampshire, Pennsylvania, Delaware, and South
Carolina called the executive officer the Presi-
dent. All other states from the outset gave him
the name of Governor.
In a monarchy the chief executive officer is the
monarch himself. In him is the source of
power,
and other officers are responsible to him. Under
a republican form of government, as in the sev-
eral states, the executive officer holds inferior offi
STATE GOVERNMENTS.
45
cers responsible to him, but he in turn is respon-
sible to the people, who are the source of all
political power.
Term of Office. The Governor is elected by
the people; in two states (Massachusetts and
Rhode Island) annually, in others for the period
of two, three, or four years. The tendency at
present seems to be toward biennial elections.
Qualifications. The qualifications necessary
for a Governor differ in the different states. The
qualifications for a Governor in every state are
determined by the constitution of that state.
These constitutions commonly agree that to be
eligible for the office of Governor a person must
have been for a certain number of years a citizen
of the United States, and for a term of years im-
mediately preceding his election a resident of the
state. He must also be above a certain age,
which in most of the states is thirty years.
Powers and Duties. The executive powers
and duties of the Governor are important and
various. It is his duty to represent the state on
public occasions and in its dealings with other
states and the United States. He is Commander-
in-Chief of the military forces of the state, and has
the power to call out the militia of the state in
time of insurrection. It is his especial care as
the chief executive to see that the laws be faith-
46
STATE GOVERNMENTS.
fully executed. He has power to call upon the
different executive officers under him for informa-
tion concerning the condition of affairs in their
respective departments. He communicates infor-
mation of the condition of the state by message
to the Legislature when in session, and is accus-
tomed to recommend to that department of the
government such measures as he considers neces-
sary and desirable. He usually has the power to
call together the Legislature on extraordinary
occasions. In most states he has the veto power.
The Governor has certain judicial powers. In
most states the power is granted to him by the
constitution to reprieve or pardon criminals. To
reprieve a criminal is to postpone or delay for a
certain time the execution of the sentence which
has been already pronounced upon him. To par-
don is to free the criminal entirely from the exe-
cution of the sentence. A pardon forgives the
offence and releases the offender. Most states
also give the Governor the power to commute a
sentence; that is, to change the penalty or pun-
ishment for a less severe one. For instance, when
a person has been sentenced to capital punish-
ment, the Governor may commute that sentence
to imprisonment for life. In some states the par-
doning power is not given to the Governor, but
is retained in the hands of the Legislature, or the
Senate, or the Governor's Council.
STATE GOVERNMENTS.
47
The Governor has also in all states more or
less appointing power. He appoints many ex-
ecutive officers and sometimes judicial officers.
This power of appointment differs greatly in the
different states. In some states he appoints all
the principal executive and judicial officers, such
as the Secretary of State, the Attorney-General,
and the judges of the courts. In other states
these officers are elected by the people, and the
Governor appoints only officers of a lower grade.
In none of the states has he the power to ap-
point legislative officers. In some states the
Governor is intrusted with powers and duties
which it is not necessary to mention here. Some
states provide for a "Governor's Council," or, as
it is sometimes called, an "Executive Council."
The members of this council are usually elected
by the people, and their duty is to advise the
Governor, especially in regard to certain matters
definitely stated in the laws.
Lieutenant-Governor. -- Most of the states
have an officer called a Lieutenant-Governor.
In one-quarter of the states this office does not
exist. Usually he has but few duties. In most
of the states which have such an officer he pre-
sides in the Senate. The principal reason for
•having a Lieutenant-Governor is to guard against
a vacancy in the office of Governor. Should the
48
STATE GOVERNMENTS.
Governor die, or by any reason be removed or
become incompetent to discharge the powers and
duties of his office, these would devolve upon.
the Lieutenant-Governor; but in every instance
only in accordance with the constitution of the
state.
Executive Officers. The executive officers
vary in the different states. In most of them
the constitution provides for a secretary of state,
an auditor or comptroller, a treasurer, and an
attorney-general. Some states have an officer
called a surveyor-general, whose duty it is to
look after the lands belonging to the state; a
superintendent of schools, or superintendent of
public instruction, or commissioner of public
schools; state printer; a state librarian, and
others.
Some states have boards of education whose
duty it is to exercise supervision over the normal
schools of the state, if there are such; prescribe
forms for registers and blank-books tor school
statistics; to direct or advise the superintendent
of public instruction; and to make annual re-
port to the Legislature of the state concerning
education within its limits, with recommenda-
tions for necessary legislation or appropriations.
Some states have a board of agriculture, a
board of health, a board of prison commission-
STATE GOVERNMENTS.
49
ers, a board of railroad commissioners, harbor
commissioners, insurance commissioners, commis-
sioners of savings banks, and the like.
SECTION IV. THE JUDICIAL DEPARTMENT.
The constitutions of the several states provide
for the establishment of courts of justice and
carefully define their powers. In some states the
judges are appointed, and in others they are
elected by the people. The legislative depart-
ment makes laws, the executive department en-
forces them, but the judicial department interprets
the laws and decides cases of law, making the
proper application so as to insure justice to indi-
viduals. The names and powers of the different
courts differ greatly among the several states. In
no two states is the judicial department exactly
alike. All that can be done here is to give a
tolerably correct idea of the judicial system to be
found in most of the states.
Justices of the Peace. In the various towns
or counties in the different states officers are
chosen, termed Justices of the Peace. The justice
will hold a petty court, in which he has the power
to try civil cases which involve small amounts.
Some states limit this amount to one hundred
dollars, and others to fifty dollars. He has also
50
STATE GOVERNMENTS.
the power to try persons charged with small
crimes. Sometimes he has the power to make a
preliminary examination and bind over criminals
for trial in the higher courts.
Police Courts. In the cities the lowest order
of courts, similar to the justice courts in the towns,
is usually termed police courts.
County Courts. In most of the states the
courts next above justice courts or police courts,
which are organized for the trial of civil cases
and of crimes, are held by counties, and are called
by various terms, such as district courts, county
courts, courts of common pleas, superior courts,
etc. Many of the states outside of New England
call these courts circuit courts.
Supreme Court. — The highest court in the
state is usually called the supreme court of such
a state. This is usually not a court of original
jurisdiction, but only for the trial of cases ap-
pealed from the lower courts.
Probate Courts. -The term probate court is
used in most of the states with a uniform mean.
ing. Usually there is one probate court in every
county, which has generally but a single judge.
These courts are quite different in character from
the courts just described. They are not for the
trial of disputes between citizens, nor for the trial
of persons charged with crime, but their powers
STATE GOVERNMENTS.
51
and duties relate exclusively to the settlement of
the estates of deceased persons. They act upon
wills, appoint administrators, and empower execu-
tors to act in accordance with the wills. When
a person dies, leaving property, but not having
made a will, it is said that he dies intestate. In
that case it is the duty of the probate court to
appoint administrators, whose duty it is to settle
the estate, paying all lawful bills brought against
it, and to divide the property among the relatives
to whom it would belong by law. Strictly speak-
ing, the administrator has no jurisdiction over the
real estate of a person deceased. The lawful
heirs can take possession of that without authority
from the court.
When a person dies leaving a will, he usually
names in that will an executor or executors, whose
duty it shall be under the will to dispose of his
property in accordance with the provisions of the
will. The probate court has power to remove
executors or administrators who fail in the dis-
charge of their duty, to settle their accounts, and
to decide questions of dispute which may arise in
the distribution of the estate. Probate courts are
sometimes called orphans' courts, because they
have the power to take charge of the estates of
minors whose parents have died, and to appoint
guardians for them.
52
STATE GOVERNMENTS.
Questions of dispute which may arise concern-
ing decisions of probate courts may be appealed
to the county courts or the supreme court of the
state.
Judges of the various courts are sometimes
appointed by the Governor, sometimes by the Leg-
islature, and sometimes elected by the people.
Their terms of office differ in the different states.
Frequently the term is from six to ten years.
Justices of the peace are usually elected for one
or two years. It is common in the New England
States for the judges of the higher courts to hold
office for life. All the officers under the judicial
department, as well as those in the legislative and
executive departments, receive salaries which are
fixed by state laws.
There are many other matters of various kinds
relating to the state governments, which might
be considered with propriety here, but which
may better be omitted, especially for the reason
that most of them will be fully explained and
better understood under the department of our
national government. The subordination of the
parts to the whole, of the inferior to the superior,
must be kept in mind. The town and the county
are portions of the state, are inferior to the state,
and are subject to its power and its law, but only
so subject in matters over which the state by the
STATE GOVERNMENTS.
53
constitution has authority vested in it. So in
like manner it must be remembered that the
states are parts of the nation, and as such are
in subordination to the national authority, but
only in such matters as the nation has power
given to it by its constitution.
QUESTIONS, TOPICS, AND SUGGESTIONS FOR
REVIEW.
Designed to recall what has been learned and to suggest further
thought, reading, and study.
1. What was the Declaration of Independence?
2. How did the colonies become states?
3. Write a paper of one hundred words or more, describ-
ing the legislative department of a state.
4. Difference between the "House" and the "Senate."
5. Describe how a law is made.
6. Duties of the Governor.
7. Is a Lieutenant-Governor like a "fifth wheel to a coach"?
8. What executive officers are there in the states?
9. Justice Courts.
10. Police Courts.
11. County Courts.
12. Supreme Courts.
13. Probate Courts.
14. What is meant by intestate?
15. What is meant by executor?
16. What is meant by administrator?
17. State Judges - how appointed or elected?
BLACKBOARD OUTLINE.
SETTLEMENTS.
1. Spanish.
3. English.
2. French.
COLONIAL AND REVOLUTIONARY HISTORY.
1. The Supreme Moment in
the History of America.
2. First Continental Congress.
3. Second Continental Congress.
4. Articles of Confederation.
5. Plan of the Confederation.
6. The Federal Convention.
54
CHAPTER IV.
COLONIAL AND REVOLUTIONARY HISTORY.
SECTION I.
The Contest of the Kings for North America.
After the discovery of America by Columbus
Spain claimed the right to the new world. It
was not long, however, before Great Britain,
France, and other nations sent over vessels on
exploring expeditions, each claiming the right to
the country along whose coast they sailed. A
little later settlements were attempted here and
there from Quebec to St. Augustine, in Mexico,
Central and South America.
Spanish Settlements.- Spain made the first
permanent settlement in what is now the United
States, at St. Augustine, Florida, in 1565. Spain
at an early date took possession of Mexico, Cen-
tral America, and a large part of the Atlantic
coast of South America. So it came to pass
that the Spanish Provinces were all further south
than the country which at a later date became
the United States of America.
55
56
COLONIAL HISTORY.
French Settlements. -The French people
are entitled to great praise for their early explo-
rations and settlements in North America, and
for the devoted efforts of French priests to in-
struct and Christianize the North American
Indians. Father Marquette, Chevalier De La
Salle, Joliet, and many others penetrated into the
wilderness, traced the course of the principal
rivers, navigated the Great Lakes, and explored
the entire valley of the St. Lawrence and the
Great Basin of the Mississippi.
They had possession of what is now the British
Provinces at the north of us, and of the entire
country between the Alleghanies and the Rocky
Mountains.
English Settlements.
Great Britain was at
an early date very active in sending out expedi-
tions for discovery and explorations. The Cabots,
Sir Francis Drake, Sir Humphrey Gilbert, Capt.
John Smith, Gosnold, and others sailed along the
Atlantic coast, taking possession of the country
in the name of the king of Great Britain. Set-
tlements were effected at Jamestown, Plymouth,
Salem, Boston, Hartford, New Haven, and later
still Philadelphia, and along the coast of the Caro-
linas and Georgia.
The Contest for Supremacy. Thus it hap-
pened that these three great European nations,
COLONIAL HISTORY.
57
to say nothing of Portugal, Holland, Sweden,
and other minor powers, had before the middle
of the last century planted flourishing settle-
ments and organized governments for prosperous
colonies along the coast and in the interior from
Quebec to the Isthmus of Darien.
If the map of North America were made in
three colors, showing the several parts of this
continent held by these three great powers from
1740 to 1750, the lines would be somewhat as fol-
lows: The green color, which might represent
Spain, would cover Florida, Mexico, and Central
America. The yellow shade, representing France,
would include all of the present British America
and the entire valley of the Mississippi River.
The red, which we will have represent the British
power, will cover only the few feeble colonies along
the coast from Maine to Florida, and extending
westward to the Alleghany Mountains.
SECTION II. THE CONTEST ENDED.
The Supreme Moment in the History of
America. — In the year 1754 hostilities broke out
between the English colonies in North America
and the French. During several
During several years preceding
this date the French had established a line of
posts along the Ohio River and near the Alle-
58
COLONIAL HISTORY.
ghany Mountains, intending to prevent the Eng-
lish from extending themselves beyond the moun-
tains to the westward. Washington, at the head
of troops from Virginia, was sent to dislodge the
French from Fort Duquesne. In the next year,
1755, occurred the defeat of General Braddock
near this fort. In 1756 Lord Loudon was sent
to command the British troops in America. The
contest went on with the battle of Louisburg,
Fort William and Henry, and the capture of Fort
Frontenac. The English were defeated at Fort
Ticonderoga, and fought other battles, until Gen-
eral Wolfe was sent by the British to take Que-
bec, and there defeated the French army under
Montcalm.
The Battle of Quebec. During the night the
British forces climbed the steep precipice from the
river up to the "Plains of Abraham." A fierce
battle ensued. It was the turning-point in the his-
tory of America. If the French should be able to
compel the forces to retreat, France might reason-
ably expect to hold permanent possession of both
the French and the English colonies of North
America. If, on the other hand, the English
should capture the city of Quebec, France would
be beaten, and she would be obliged to surrender
her vast possessions in this new world to Great
Britain. The English were successful. Wolfe
COLONIAL HISTORY.
59
and Montcalm were both killed. Montcalm, when
dying, said, “I am happy that I shall not live to
see the surrender of Quebec." Wolfe, after re-
ceiving his mortal wound, being told that the
French were fleeing everywhere, said, “Now God
be praised! I die in peace." This was in the
year 1760, and soon after the English completed
the capture of Canada.
Had the French succeeded in this contest, the
English colonies would have been obliged to sur-
render themselves to the domination of France.
The French language, French customs, French
laws, would have controlled America; but, on the
other hand, as the English were victorious, France
was swept from the continent of America, and not
till the beginning of the present century did she
again secure any foothold here. The treaty of
1763 between England and France was a great
triumph for the English-speaking race.
One historian says, "England, proudly impe-
rious, drunk with success, dictated humiliating
terms to France, and robbed her of all her pos-
sessions in North America." Great Britain took
possession of the entire valley of the St. Law-
rence, which carried with it all the country
which we now know as British America, — and
all the territory east of the Mississippi River.
France was permitted to cede to Spain the terri-
бо
COLONIAL HISTORY.
tory west of the Mississippi River, lying between
that river and the Rocky Mountains, which was
known as the "Province of Louisiana." This
may well be called the supreme moment in the
history of North America. From this time on
ward it was manifest that England and the Eng-
lish-speaking people must dominate this country.
Count De Vergennes, a distinguished French
statesman, was at that time the French minister
at Constantinople. As soon as he heard what
the English demands had been, and that the
French had lost all in North America, he said,
"The English have overshot the mark. Their
next step will be to tax their American colonies
to help defray the expenses of this war. The
Americans, then no longer needing the protec-
tion of England, will refuse to pay the tax, and
strike off all dependence upon the mother coun-
try." This was in 1763. How true his prophecy
was will readily appear when we observe that the
Declaration of Independence was passed only
thirteen years later. The British did tax the
colonies, the colonies did refuse to pay the tax,
and, the French power being entirely swept away,
and the Spanish being far off beyond the Missis-
sippi, they no longer feared any foreign nation, so
that their own independence was only a question of
time. The Stamp Act alienated the Americans,
COLONIAL HISTORY.
6i
the tax on tea exasperated them; hostilities were
commenced, the Declaration of Independence was
put forth, the war ensued, and the thirteen British
colonies became an independent republic.
The surrender of Cornwallis upon the plains
of Yorktown occasioned the resignation of Lord
North, and an entire change in the British min-
istry. Yet it was more than a year before terms
of peace could be agreed upon, and two years
before the definitive treaty was signed.
The First Continental Congress. - Sept. 5,
1774, on the recommendation of Massachusetts,
a Continental Congress consisting of delegates
from twelve colonies assembled in Philadelphia.
The youngest colony, Georgia, was not repre-
sented. This gathering came to be known as
the First Continental Congress. Many distin-
guished men were members of it, such as John
Adams and Samuel Adams of Massachusetts,
Roger Sherman of Connecticut, John Jay of New
York, Peyton Randolph, Richard Henry Lee,
Patrick Henry, and George Washington of Vir-
ginia. Peyton Randolph was chosen president.
The Congress adopted the following resolution:
"That in determining questions in this Congress,
each colony or province shall have one vote; the
Congress not being possessed of, or at present
able to procure, proper materials to ascertain the
mportance of each colony."
62
REVOLUTIONARY HISTORY.
The adoption of this rule proved to be a mat
ter of great importance subsequently, inasmuch
as it continued in force through the entire Revo-
lutionary War, and until the Federal Constitu-
tion went into effect in 1789.
The Congress drew up four papers, — an ad-
dress to the king, another to the people of Great
Britain, a third to the inhabitants of the colonies,
and a fourth to the people of the province of
Canada. They recommended that another Con-
gress be called for the tenth of the following
May, in case the grievances complained of were
not previously redressed. No good results were
obtained from these addresses to Great Britain,
although several British statesmen, including
Lord Chatham, spoke of them in terms of high-
est admiration.
SECTION III. THE REVOLUTION.
Second Continental Congress. - In accord-
ance with the vote of the First Congress, the
Second Continental Congress assembled at Phil-
adelphia on the 10th of May, 1775. This Con-
gress continued in session until March, 1781, and
after that date it had annual sessions till the
Federal Constitution went into effect in 1789.
This Second Continental Congress was in reality
the national government through the Revolu-

THE STATE HOUSE, PHILADELPHIA, WHERE THE FEDERAL CONVENTION WAS HELD.
(REPRODUCED FROM AN OLD PRINT OF ONE HUNDRED YEARS AGO.)
REVOLUTIONARY HISTORY.
63
tionary War. It appointed Washington as com-
mander-in-chief of the army of the United Colo-
nies; it adopted the Declaration of Independence;
it assumed the power to carry forward all neces-
sary measures for the defence of the country; it
created a continental currency; it issued bills of
credit; it established a treasury department and
a general system of post-offices. It recommended
that the several colonies should establish for them-
selves such forms of government as promised best
to secure good order during the continuance of
the controversy with Great Britain.
((
Articles of Confederation. No sooner had
independence been determined upon than it be
came obvious that the states would need some
written articles which should bind them together
and give proper authority to the Congress. A
committee was therefore appointed to prepare
Articles of Confederation." These Articles were
agreed upon by Congress on the 15th of Novem-
ber, 1777. They were to go into operation when
ratified by all the states. Eleven states ratified
them in the year 1778, Delaware in 1779, and
Maryland March 1, 1781, at which time they went
into effect. But this was nearly five years after
the Declaration of Independence. During all
this time the Continental Congress constituted
the national government, and had made the treaty
64
REVOLUTIONARY HISTORY.
1
between the United States and France. The
Articles of Confederation made but little differ-
ence in the management of affairs. The Conti-
nental Congress went right on with its work in
the same order as before, and about six months
later the surrender of Cornwallis virtually closed
the war.
Prior to the adoption of these Articles
the government had been revolutionary, the Con-
gress governing by common consent of the peo-
ple of the states. These Articles were the first
attempt to draw the line between the powers of
the national government and those to be exercised
by the states severally. The tendency for state
supremacy was strong. The colonies had been
heretofore independent of each other, with only
one common bond, the common subjection to
the mother country. It was the central govern-
ment of Great Britain which had made arbitrary
demands upon their rights and liberties. They
were naturally timid of authority and fearful of
centralized power. The Articles were therefore
drawn up with the intention of leaving the largest
possible powers with the several states, and of
giving to the National Congress just as little
power and authority as possible. They were "as
erroneous in theory as they were inefficient in
practice." The object aimed at by them was to
confederate the several states together for general
REVOLUTIONARY HISTORY.
65
purposes of mutual assistance, especially in mat-
ters of protection against foreign foes.
Plan of the Confederation. The Articles
provided for one house of Congress composed of
delegates from the several states. Each state was
to pay its own delegates, and the voting on all
questions was to be by states.
Matters of war and peace, treaties and alliances,
were left with the Congress. This body could
decide disputes between states, had charge of all
postal matters, and power to regulate the value
of money; but an affirmative vote of two-thirds of
all the states was necessary for any important
action to be taken. There was no executive de-
partment and no judiciary. Congress could ap-
portion taxes among the states, but had no power
to collect them. Each state could lay duties and
imposts. Congress had not even power to en-
force its own laws. It could borrow money, but
could make no provision for its payment. It
could appoint ambassadors, but could not defray
the necessary expenses. It could declare war,
but could not raise a single soldier. "In short,
it could declare everything, but do nothing."
The Congress ratified the treaty of peace be-
tween the United States and Great Britain, but
this treaty was violated by the states, and Con-
gress was powerless to prevent such violations.
66
REVOLUTIONARY HISTORY.
The Confederation was merely a league between
the states, embodying the greatest weakness when
considered as a national government. Wash-
ington at an early day saw the difficulty and
danger, and that a new constitution was the great
problem of the time. Alexander Hamilton, one
of the ablest statesmen of that day, as early as
1780 sketched the outline of a system of govern-
ment which he thought to be necessary, and
which embodied many of the essential features of
our present constitution.
Federal Convention. It had become entirely
evident both to Congress and the people that the
Confederation as a government was a failure.
The states were issuing more and more paper
money. Congress repudiated the national debt,
and the states repudiated their debts. The coun-
try was rapidly becoming bankrupt. There were
but few manufacturing establishments in Amer-
ica, and the coin of the country was constantly
transferred to England in payment for vast quan-
tities of manufactured goods sent over from that
country to this. The several states were stripped
of money. The credit of the states and of the
Congress was gone, and the absolute collapse of
the United States government was imminent.
Washington wrote to a member of Congress,
"You talk, my good sir, of employing influence
REVOLUTIONARY HISTORY.
67
to appease the present tumults in Massachusetts.
Influence is not government. Let us have a gov-
ernment by which our lives, liberties, and proper
ties will be secure, or let us know the worst at
once.'
Delegates from five states met in January, 1786,
at Annapolis, Maryland, with reference to a uni-
form system of commercial regulations. They
reported to Congress their unanimous conviction
that a general convention of delegates from the
several states should be called to take such action
as would render "the Constitution of the Federal
Government adequate to the exigencies of the
Union." On the 21st of February, 1787, Congress
adopted the following resolution:-
RESOLVED, That, in the opinion of Congress,
it is expedient that, on the second Monday in
May next, a convention of delegates, who shall
have been appointed by the several States, be
held at Philadelphia, for the sole and express pur
pose of revising the Articles of Confederation,
and reporting to Congress and the several legis-
latures such alterations and provisions therein as
shall, when agreed to in Congress and confirmeɑ
by the States, render the Federal Constitution
adequate to the exigencies of government and
the preservation of the Union."
رل
Delegates from all the states except Rhode
68
REVOLUTIONARY HISTORY.
Island met at Philadelphia, Monday, May 14th,
1787. On the 25th, George Washington was
unanimously elected President of the Convention.
This Convention was without doubt the most
celebrated gathering of able men ever seen in
America.
Among the thirty-nine members of the Con-
vention who subscribed their names to the Con-
stitution, five, viz., Sherman, Franklin, Robert
Morris, Read, and Wilson, were signers of
the Declaration of Independence; Washington
and Madison were afterwards Presidents; Rut-
ledge and Ellsworth became Chief Justices;
Gerry was Vice-President, and Hamilton, Secre-
tary of the Treasury; Livingston had been eleven
times elected governor of his state; Wilson was
famed in four universities and was esteemed the
greatest constitutional lawyer of the Convention;
and Dr. Franklin, then more than eighty years of
age and very near the grave, rounded out his full
life as a philosopher, statesman, diplomatist, by
giving to his country at this her most critical
period the great benefit of his own political expe-
rience. All of these men had been "identified
with the heroic and wise councils of the Revo-
lution."
The Convention had been called "for the sole
and express purpose of revising the Articles of
REVOLUTIONARY HISTORY.
69
ment.
Confederation." It soon, however, became evi-
dent that the only way of rendering this instru-
ment "adequate to the exigencies of government
and the preservation of the Union" was to throw
it entirely away and frame a completely new docu-
At the very beginning of their discus-
sions great differences of opinion were manifest.
The members were generally divided into two
classes, one favoring a strong national govern-
ment, and the other opposed to anything which
would tend to weaken state sovereignty or impair
in any degree what they considered as state rights.
Here then was the origin of the two great polit-
ical parties, which have divided the American
people from that day to this, the states rights
party and the national or federal party.
But there were other questions of no small dif-
ficulty which they were also obliged to meet at
the outset such as the diverse interests and jeal
ousies of large and small states, of free and slave
states, of states agricultural and commercial; and
should the states have equal power in the national
government, or should that power be proportional
to the population of the several states.
Washington almost despaired, Franklin was
seriously alarmed; but influenced by a spirit of
mutual forbearance and concessions, various com-
promises were proposed and agreed to concerning
70
REVOLUTIONARY HISTORY.
slavery, and especially in providing for an equal-
ity of the states in the Senate, and representation
by population in the House. The present Con-
stitution of the United States was agreed to by
the convention, and received the signatures of
members from all the participating states. This
result was reached only by the most consummate
wisdom, the most lofty patriotism, and such a
degree of skill and ability as has seldom, if ever,
elsewhere been witnessed in any assemblage of
Washington said, "It appears to me little
men.
short of a miracle.”
The Constitution was finally agreed to by all
the states present on the 15th of September, 1787.
This was on Saturday. On the following Mon-
day it was signed by the members, and submitted
to the Congress. The votes throughout the whole
time of the Convention had been by states, as in
the Continental Congress. The Congress trans-
mitted the new Constitution to each state, recom-
mending its ratification. Although the Articles
of Confederation provided that no change should
be made in them except by a vote of every state,
yet the Constitution provided that the new gov-
ernment should go into effect when ratified by
conventions of the people of nine states.
For a long time it was uncertain whether the
Constitution would be adopted or rejected. Most
REVOLUTIONARY HISTORY.
71
Its adop-
of the smaller states were in its favor.
tion was closely contested in New York, Massa-
chusetts, and Virginia. In a little less than one
year from its adoption by the Convention, it had
been ratified by eleven of the states. Congress
then took measures to put the new government
into operation. Elections of presidential electors,
and of senators and representatives in Congress,
were held in January, 1789. The presidential
electors voted for President on the first Wednes-
day of February; and the first Wednesday of
March was decided upon by Congress as the
time when the new Constitution should go into
effect.
George Washington was unanimously elected
President, and John Adams was elected Vice-
President. On the 4th of March the senators
and representatives assembled in New York, the
new Constitution went into legal operation, and
proceedings were commenced under it. It was
not, however, until the first day of April that a
quorum of members in both houses was obtained,
and on that day Congress began the transaction
of business. Washington took the oath of office,
and delivered his inaugural address, on Thurs-
day, April 30th. On April 21st John Adams had
taken his seat as president of the Senate. North
Carolina ratified the Constitution in November,
1789; and Rhode Island, in May, 1790.
2
72
REVOLUTIONARY HISTORY.
Dates of Ratification.-The following are the
dates of the ratification of the Constitution by
each of the thirteen original states:
(1) Delaware, Dec. 7, 1787.
(2) Pennsylvania, Dec. 12, 1787.
(3) New Jersey, Dec. 18, 1787.
(4) Georgia, Jan. 2, 1788.
(5) Connecticut, Jan. 9, 1788.
(6) Massachusetts, Feb. 6, 1788.
(7) Maryland, April 28, 1788.
(8) South Carolina, May 23, 1788.
(9) New Hampshire, June 21, 1788.
(10) Virginia, June 26, 1788.
(11) New York, July 26, 1788.
(12) North Carolina, Nov. 21, 1789.
(13) Rhode Island, May 29, 1790.
Thus was put into operation the Constitution
of the United States of America, which Glad-
stone, who is considered by many the greatest
statesman of this age, has pronounced to be "the
most wonderful work ever struck off at a given
time by the brain and purpose of man.'
It may truly be said that it embodies profound
political wisdom and far-reaching statesmanship,
while it jealously guards the rights of the people,
providing various checks and safeguards against
unjust, unwise, or dangerous legislation; and yet
"in its words it is plain and intelligible, and is
REVOLUTIONARY HISTORY.
73
meant for the homebred, unsophisticated under-
standings of our fellow-citizens."
QUESTIONS, TOPICS, AND SUGGESTIONS FOR
REVIEW.
Designed to recall what has been learned and to suggest further
thought, reading, and study.
1. What was the "Contest of the Kings"?
2. Where was the first permanent Spanish settlement in
the United States?
3. Where the first permanent English settlement?
4. Draw a map of North America, showing Spanish,
French, and English control at the middle of the eighteenth
century.
5. Draw a map showing the English and Spanish territory
after 1763.
6. Describe the battle of Quebec.
7. What was the "Supreme Moment in American History,"
and why so called?
8. First Continental Congress.
9. What important rule did it adopt?
10. When did the Second Continental Congress convene?
11. Name the essential points of weakness in the Articles of
Confederation.
12. Describe the Federal Convention.
13. When did the Convention submit the Constitution to
Congress?
14. When did the Constitution go into effect?
BLACKBOARD OUTLINE.
THE LEGISLATIVE DEPARTMENT.-THE CONGRESS.
THE HOUSE OF REPRESENTATIVES.
The Number of Representatives.
Qualifications.
Territorial Delegates.
Officers.
Impeachments.
THE SENATE.
Senators, how chosen.
Qualifications.
Presiding Officer.
Officers of the Senate.
The Trial of Impeachments.
PROVISIONS RELATING TO BOTH HOUSES.
Sessions of Congress.
Salaries of Senators and Representatives.
Duties on Imports.
Naturalization.
Bankruptcies.
THE POWERS OF CONGRESS.
Coin Money.
Weights and Measures.
The "Sweeping Clause."
RESTRICTIONS UPON THE NA TIONAL GOVERNMENT.
74
PART SECOND.
THE NATIONAL government.
CHAPTER I.
THE LEGISLATIVE DEPARTMENT.
SECTION I.—THE CONGRESS.
The Preamble. The purpose of the Consti-
tution of the United States is fully stated in the
preamble. It is as follows:-
1. To form a more perfect union.
2. To establish justice.
3. To insure domestic tranquillity.
4. To provide for the common defence.
5. To promote the general welfare.
6. To secure the blessings of liberty to ourselves
and our posterity.
The National Element of Slow Growth.
The beginning of the nation was July 4th, 1776.
During the Revolution and under the Articles
of Confederation, great diversities prevailed among
the people as to the proper limits of state rights
and the proper extent of the Federal power.
The weakness of the Articles of Confederation
75
76
THE LEGISLATIVE DEPARTMENT.
rendered it very clear that the national govern-
ment must have conferred upon it more extended
powers.
The Constitution was a compromise in
many respects between divergent parties, but on
the question of national supremacy there was no
compromise. The Articles of Confederation con-
stituted an agreement or bond between the several
states which were specified by name. The Con-
stitution, on the other hand, was not a league of
states, but a fundamental law adopted by the
people of the whole country. Its first sentence,
called the preamble, is especially significant:
We, the people of the United States, in order to form
a more perfect union, establish justice, insure do-
mestic tranquillity, provide for the common defence,
promote the general welfare, and secure the bless-
ings of liberty to ourselves and our posterity, do
ordain and establish this Constitution for the United
States of America."
SECTION II. — THE HOUSE OF REPRESENTATIVES.
By the Constitution all legislative powers for
the national government are vested in a Congress
of the United States, which consists of two
houses, the Senate and the House of Representa-
tives. As has already been stated, the people
were influenced largely in organizing their new
government by the plans and methods which they

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THE LEGISLATIVE DEPARTMENT.
77
had been familiar with in the mother country.
Hence it was simply natural that following the
example of the British Parliament, which con-
sisted of the House of Lords and the House of
Commons, two separate houses should here be
provided for.
During the revolutionary government and
under the Articles of Confederation, the Conti-
nental Congress had consisted of but one house.
The states, however, in forming constitutions for
themselves had, without exception, introduced
the plan of two houses.
The House of Representatives. —
"The House of Representatives shall be composed of
members chosen every second year by the people
of the several states."
Under the Confederation the members of Con-
gress were chosen annually, and in such manner
as the legislature of each state should authorize.
The Constitution provides that representatives
shall serve for two years, and that they shall be
elected by "the people." Each state prescribes by
law how the members of the state legislature shall
be elected, and who shall have power to vote for
such members. The Constitution prescribes that
any one who can vote for a member of the House
of Representatives in that state, can vote for a
member of the National House of Representatives.
78
THE LEGISLATIVE DEPARTMENT.
•
Qualifications. Three qualifications, and only
three, are required for a representative in Congress.
I. He must be at least twenty-five years of age.
2. He must have been seven years a citizen of the
United States.
3. He must, when elected, be an inhabitant of that
state in which he shall be chosen.
The Number of Representatives. Every ten
years after the census returns have been made,
Congress provides by law for the number of
representatives for the next ten years which each
state shall be entitled to. It first determines how
many members there shall be in the House, and
it then apportions these members according to
the population of the several states. The number
of representatives for the different decades and
the number of inhabitants for one representative
during the last one hundred years have been as
follows:-
Period.
No. of
Members.
Ratio of
Population.
1789-1793
65
1793-1803
105
33,000
1803-1813
141
33,000
1813-1823
181
35,000
1823-1833
212
40,000
1833-1843
240
47,700
1843-1853
223
70,680
1853-1863
234
93,500
1863-1873
241
127,941
1873-1883
292
130,533
1883-1893
325
151,911
1893-1903
356
173,902
THE LEGISLATIVE DEPARTMENT.
79
Sometimes the actual number of representa-
tives has been greater than the number here given
on account of the admission of new states. By
the above table, it will be observed that at the
present time the required number of inhabitants
for one representative is 173,902, but every small
state is entitled to one representative even if its
population is less than the above number.
Each organized ter-
Territorial Delegates.
ritory is allowed by law of Congress to send one
delegate to the House. He may participate in
the discussions, but he is not allowed to vote.
Since 1888, North Dakota, South Dakota, Mon-
tana, Washington, Idaho, Wyoming, and Utah
have been admitted as states, and Oklahoma has
been organized as a territory. There are now but
three regularly organized territories. These are
New Mexico, Arizona, and Oklahoma. There are
in Congress, therefore, three territorial delegates.
Officers.
"The House of Representatives shall choose their
Speaker and other officers."
The Speaker is the presiding officer of the
House. The Speaker is chosen from the mem-
bers of the House and can vote on every question
like any other member. The other officers of the
House are:-
I. Clerk.
3. Door-keeper. 5. Chaplain.
2. Sergeant-at-arms. 4. Postmaster.
3
80
THE LEGISLATIVE DEPARTMENT.
At the organization of each new Congress, the
clerk of the preceding House presides till a
Speaker is chosen.
Impeachment. - The House of Representa-
tives has the sole power to impeach civil officers
of the United States. When an officer is im-
peached, the House brings impeachment, specify-
ing the charges against him, before the Senate.
The method of impeachment is as follows: the
House appoints a committee to inquire into the
conduct of the officer who has been charged with
improper acts. If this committee reports in favor
of impeachment, the House votes upon the ques-
tion. If the majority vote that the officer shall
be impeached, articles are prepared specifying the
charges, and action is taken upon each article.
Then a committee is appointed to conduct the
prosecution before the Senate. It is noticeable
that but few officers have ever been subject to im-
peachment. Indeed, in one hundred years but
seven cases of impeachment have occurred. They
are as follows:
1. William Blount, Senator. 1799. Acquitted.
2. John Pickering, Judge. 1803. Convicted and
removed from office.
3. Samuel Chase, Judge.
1804.
Acquitted.
4. James H. Peck, Judge.
1830.
Acquitted.
5. West H. Humphreys, Judge.
1862. Convicted
THE LEGISLATIVE DEPARTMENT.
81
!
and disqualified from holding any office of
honor, trust, or profit under the United States.
6. Andrew Johnson, President. 1868. Acquitted.
7. W. W. Belknap, Secretary of War. 1876. Ac-
quitted.
Thus it will be seen that of these seven cases.
of impeachment there have been only two con-
victions, one of whom was simply removed from
office, and the other was disqualified from holding
office.
SECTION III. —THE SENATE.
The Senate consists of two members from each
state. The peculiar composition of the Senate
was occasioned by the natural jealousy which ex-
isted between the states. It has already been
seen that the several colonies became states, pre-
serving their original boundaries. During the
entire time of the Continental Congress all votes
were taken by states, each state having but one
vote. When the convention was framing the
Constitution, the jealousy between the small
states and the larger was strongly apparent.
larger states very naturally felt that they should
have a stronger voice in legislative matters than
the smaller states. On the other hand, the
smaller states were unwilling to yield the equal
power which had hitherto been accorded to them.
The
82
THE LEGISLATIVE DEPARTMENT.
A compromise was effected by which the House
of Representatives should be constituted upon a
basis of population, and in the Senate the equality
of the states should be retained. The Constitu-
tion provides that,
"The Senate of the United States shall be composed
of two senators from each state, chosen by the leg-
islature thereto for six years; and each senator
shall have one vote."
This clause contains four distinct provisions:-
I. There shall be two senators from each state.
2. They shall be chosen by the legislature of the
state.
3. They shall be chosen for the term of six years
4. Each senator shall have one vote.
Senators: how chosen. In regard to the
mode in which the legislatures are to choose the
senators, the Constitution is silent.
By an act of Congress passed July 25, 1866, it
is provided that when the legislature of any state
is to elect a senator in Congress, it shall proceed
to the election of such senator on the second
Tuesday after the organization of the legislature,
and the election shall be conducted as follows:
Each house shall, by a viva voce vote, name a
person for senator, and the name of the person
who receives a majority vote shall be entered in

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THE LEGISLATIVE DEPARTMENT.
83
person, that fact shall
On the next day at
the journal of the house. If the house fails to
give such a majority to any
be entered on the journal.
twelve o'clock the members of the two houses
shall convene in joint assembly, and the journal
of each house shall be read, and if the same per-
son has received a majority of all the votes in
each house, he shall be declared fully elected
senator. If no one has such a majority, the joint
assembly shall choose, by a viva voce vote of each
member present, a person for senator. The per-
son having a majority of all the votes of the joint
assembly shall be declared elected. If there is
no election that day, the joint assembly shall
meet at twelve o'clock on each succeeding day,
and shall take at least one vote each day until
a senator is elected.
The senators are divided into three classes,
and, as they are chosen for six years, one-third
of the whole number is chosen every second
year. The representatives are chosen for two
years, which is the length of time covered by one
Congress. Whenever a new Congress convenes,
one-third of the senators are either new members,
or have been re-elected for a new term. It will
be observed, that as one-third of the senators go
out of office every two years, the Senate is a
continuous body; while the members of the
2
84
THE LEGISLATIVE DEPARTMENT.
House are all swept off at once, and a new elec-
tion brings in a new House every second year.
Qualifications. - The qualifications of the
senator are three:
I. He must be at least thirty years of age.
2. He must have been nine years a citizen of the
United States.
3. He must, when elected, be an inhabitant of the
state in which he is chosen.
Presiding Officer. It will be seen farther on,
that the executive officer of the United States is
the President. The Vice-President is chosen for
the purpose of taking the place of the President
when a vacancy in that office occurs; but unless
some other duties were placed upon him, the
Vice-President would have nothing to do so long
as the President held his office; hence the con-
vention determined to make him presiding officer
of the Senate, which is done in the following
clause: -
"The Vice-President of the United States shall be
president of the Senate, but shall have no vote
unless they be equally divided.”
The speaker of the House is a member of the
House; but as the equality of the states is pre-
served in the Senate, it would seem best to select
the presiding officer from outside that body.
THE LEGISLATIVE DEPARTMENT.
85
→
The Vice-President would be likely to be less
partial as a presiding officer than a senator would
be, since he is elected by the whole country and
not by a single state.
Officers of the Senate. - The Senate shall
choose their officers, and also a President pro
tempore, in the absence of the Vice-President, or
when he shall exercise the office of President of
the United States. The officers of the Senate
are:
1. The Secretary.
2. Chief Clerk.
3. Executive Clerk.
4. Sergeant-at-arms.
5. Door-keeper.
6. Chaplain.
The Trial of Impeachments. When the
Senate is to try an impeachment, it sits as a
court, and every senator must be on oath or
affirmation.
"When the President of the United States is tried the
chief-justice shall preside, and no person shall be
convicted without the concurrence of two-thirds of
the members present.
"Judgment in cases of impeachment shall not extend
further than to removal from office, and disqualifi-
cation to hold and enjoy any office of honor, trust,
or profit under the United States; but the party
convicted shall nevertheless be liable and subject
to indictment, trial, judgment, and punishment, ac-
cording to law."
86
THE LEGISLATIVE DEPARTMENT.
SECTION IV. — PROVISIONS RELATING TO BOTH
HOUSES OF CONGRESS.
Sessions of Congress.
"The Congress shall assemble at least once in every
year and such meeting shall be on the first Monday
in December, unless they shall by law appoint a
different day."
Although the new Congress comes into exist-
ence on the fourth of March in each odd year,
yet the first regular session will begin on the first
Monday of December following. This first ses-
sion may hold through an entire year, but if the
business be completed Congress may adjourn at
any time during the year. The second regular
session begins on the first Monday of December
following, and must close by the fourth of the
next March, at which time the new Congress
comes into existence.
"Each house is the judge of the elections, returns and
qualifications of its own members, and a majority of
each shall constitute a quorum to do business."
Each house also determines, -
"The rules of its proceedings, punishes its members for
disorderly behavior and with the concurrence of
two-thirds may expel a member."
THE LEGISLATIVE DEPARTMENT.
87
→
Salary of Senators and Representatives.
The senators and representatives are paid out of
the treasury of the United States. Congress has,
from time to time, increased the compensation of
its members from six dollars a day in the House,
and seven dollars a day in the Senate, until, by
a law passed in 1874, the compensation of each
representative and each senator was fixed at five
thousand dollars per annum. The pay of the
Speaker of the House and of the Vice-President,
or if there is none, the President of the Senate
pro tempore, is eight thousand dollars per annum.
In addition to his salary every member of either
house is allowed mileage, in coming and going
between his home and Congress, twenty cents
per mile for every mile of travel by the usual
route.
"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."
This clause is adopted from the custom of the
British Parliament. There, revenue bills must
originate in the House of Commons. There is
very little necessity in our present circumstances
for this restriction. Raising revenue is under-
stood to be confined to levying taxes. It is the
custom for the Senate to originate bills which
88
THE LEGISLATIVE DEPARTMENT.
imply the raising of money, or which will require
the raising of money, as for example, bills to estab-
lish post-offices, the mint, to regulate the sale of
public land, etc.
SECTION V.-THE POWERS OF CONGRESS.
We come now to the consideration of the
powers vested by the Constitution in the Con-
gress. It should be remembered that when the
Constitution was framed, the controversy was
sharp and spirited between those who favored be-
stowing large powers upon the national govern-
ment, and those who, fearing that evils would
result from such a course, were strenuous in their
belief that large powers should be retained by the
governments and the people of the several states.
In consequence of this controversy, the Constitu-
tion defines somewhat minutely special subjects.
upon which Congress shall have power to legis-
late. It does not, however, contain an exhaustive
enumeration of the powers of Congress, and does
not mean that Congress shall not legislate on
any subjects not here enumerated. This is evi-
dent from the fact that power is given to Con-
gress
"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 LEGISLATIVE DEPARTMENT.
89
the government of the United States, or in any de-
partment, or officer thereof."
Elsewhere, the Constitution requires of Congress
the exercise of powers not particularly mentioned;
and in different places it implies that Congress
must do certain things, which are not expressly
provided for in the section specifying its particu-
lar powers.
The Constitution expressly enumerates the fol-
lowing powers:-
The Congress has power
"To lay and collect taxes, duties, imposts, and excises
to pay the debts and provide for the common de-
fence and general welfare of the United States;
but all duties, imposts, and excises shall be uniform
throughout the United States."
This gives to Congress the power to levy taxes
for three purposes:-
1. To pay the public debt.
2. To provide for the common defence.
3. To provide for the general welfare.
The general government may levy a tax in
three ways:
1. A direct tax upon persons, which may be either
a poll tax or a property tax.
2. An indirect tax upon goods imported into the
country from abroad.
90
THE LEGISLATIVE DEPARTMENT.
3. An indirect tax upon goods manufactured and
used here.
Previous to the civil war a direct tax had been
laid but four times-in 1798, 1813, 1815, 1816.
These taxes were levied upon lands, houses, and
slaves. To pay the debt incurred in the civil
war, direct taxes were again levied in 1861 and
subsequently.
Duties on Imports. This government, during
most of its existence, has been committed to the
policy of laying duties on goods manufactured
abroad and imported into this country. These
duties on imports are of two kinds :-
1. Specific duties.
2. Ad valorem duties.
A specific duty is a tax levied on goods by
weight, measure, or bulk; as, for example, a duty
of fifty cents a yard on broadcloth, one dollar a
ton on iron, or twenty cents a gallon on molasses.
An ad valorem duty is levied according to the
value or cost of the goods, as, ten per cent on
iron, fifty per cent on the cost of brandy. These
duties are collected under the direction of the
treasury department.
Naturalization. Another power committed
to Congress is, "to establish a uniform rule of
naturalization."
THE LEGISLATIVE DEPARTMENT.
91
Naturalization is an act by which a foreigner,
called an alien, becomes a citizen of the United
States. Under the confederation, each state
passed laws naturalizing aliens.
It is to be noticed that there has been a con-
stant growth of national power. At first the
several states were unwilling to give up their
power to the federal government. Through the
whole history of the nation, the dividing line
between political parties has been upon this prin-
ciple. One party has favored large state rights,
and a minimum national power. The other party
has advocated a strong national power. Here is
an illustration: The laws upon the subject of
naturalization, and the qualifications requisite in
the different states were so various, that confusion
and controversy resulted. To remedy these evils
the Constitution gives Congress full power over
the subject of naturalization, so that the laws
shall be uniform throughout all the states. An
alien coming to this country from a foreign land
must make application for citizenship; this is
called his "declaration of intention." This decla-
ration must be made at least two years before he
can receive his naturalization papers. In this
declaration he must declare on oath or affirma-
tion that it is his intention to become a citizen of
the United States, and to renounce all allegiance
92
THE LEGISLATIVE DEPARTMENT.
to the government of which he is at the time or
has been a subject.
Before he can receive his naturalization papers
he must have resided in this country at least five
years. There is one exception to this law. By
an act passed in 1862, a soldier of the age of
twenty-one years and upward, regularly discharged
from the army of the United States, may be ad-
mitted to citizenship without a previous declara-
tion of intention and with a single year's residence.
The children of a naturalized foreigner, who are
under twenty-one years of age, residing in this
country at the time the father received his
naturalization papers, are
papers, are considered citizens.
The children of a citizen, who are born abroad,
are citizens of the United States.
When foreign territory has been incorporated
into the Union, by treaty or otherwise, Congress
has exercised the power of granting naturalization
without previous residence. When territory is
annexed to this country, the President and Senate
have naturalized the inhabitants of such territory
en masse.
Bankruptcies. - -The Congress also has power
to make "uniform laws on the subject of bank-
ruptcies throughout the United States."
In England, the term bankrupt is generally
limited to traders who fail to pay their debts,
THE LEGISLATIVE DEPARTMENT.
93
while the word insolvent was applied to those not
paying their debts who were not engaged in trade.
The general usage, however, in the United States,
has been to make the words bankrupt and insol-
vent synonymous. In reality, a person is insolvent
when he cannot pay his debts. He becomes a
bankrupt by legal proceedings under a bankrupt
law. Congress has exercised this power to pass
uniform laws on bankruptcies at three different
times. The first bankrupt law was passed in
1800, and repealed three years later. The second
was passed in 1841, and repealed within two
years. The third was in effect from 1867 to
1878. No national bankrupt laws are in force
now. It is held that if Congress does not exer-
cise its power to pass a bankrupt law, the several
states can do so. The state laws are usually
termed insolvent laws.
Coin Money. - The Congress has power,-
"To coin money, regulate the value thereof, and of
foreign coin, and fix the standard of weights and
measures."
An Act of Congress passed in 1873 provided
for the following coins:-
I. Gold: The dollar piece; the two-dollar-and-a-half
piece, or quarter-eagle; the three-dollar piece; the five-
dollar piece, or half-eagle; the ten-dollar piece, or eagle;
and the twenty-dollar piece, or double-eagle. The gold
dollar and the three-dollar piece are no longer coined.
94
THE LEGISLATIVE DEPARTMENT.
་
2. Silver: The dollar, half-dollar, quarter-dollar, and
dime.
3. The "minor coins" are the five-cent piece and
the one-cent piece. Two-cent and three-cent pieces are
not now coined.
Weights and Measures. This clause gives
to Congress power "to fix the standard of
weights and measures." It is proper that the
standard of weights and measures should be con-
nected with money. The price or value of any
commodity is fixed in money terms; but this
commodity is either weighed or measured, and,
therefore, the power which coins the money
should fix the standard of weights and measures.
Our weights and our measures have come to us
through the ancient usages of Great Britain. It
appears strange that the world should not have
earlier established a uniform system. That twelve
inches should make a foot, and three feet a yard,
and that five and a half of this denomination
should make a rod, and that forty of this is called
a furlong, and that eight furlongs are a mile, is
not complimentary to the civilization of our
ancestors.
We made a great gain when this government
established our coins on the decimal system: ten
cents make a dime, and ten dimes a dollar, and
ten dollars an eagle. It will be a greater gain
.
THE LEGISLATIVE DEPARTMENT.
95
when the metric system for all weights and meas-
ures shall have come into universal use. The
métric system has been legalized by an act of
Congress; but it is to be feared that the day is
somewhat distant when it shall have come into
general use in this country.
Various Powers.
Congress has power,—
"To provide for the punishment of counterfeiting the
securities and current coin of the United States.
"To establish post-offices and post-roads."
Congress has power to grant copy rights to
authors and patent rights to inventors.
"To define and punish piracies and felonies committed
on the high seas, and offences against the law of
nations.
"To declare war, grant letters of marque and reprisal, and
make rules concerning captures on land and water.
"To raise and support armies; but no appropriation of
money to that use shall be for a longer term than
two years.
"To make rules for the government and regulation of
the land and naval forces."
"The Sweeping Clause." The final clause,
enumerating the powers conferred by the Con-
stitution upon Congress, reads as follows:-
"To make all laws which shall be necessary and proper
for carrying into execution the foregoing powers.
96
THE LEGISLATIVE DEPARTMENT.
and all other powers vested by this Constitution in
the government of the United States, or in any de-
partment or officer thereof."
This clause is what Patrick Henry called "the
sweeping clause," by which, as he thought, Con-
gress was to overthrow the states.
Great op-
position to this clause was manifested by the
state-rights party during the time in which the
Constitution was under discussion by the people
and by state conventions prior to its adoption.
Nothing is plainer than that the government
has under this Constitution full national powers,
and is limited only by the restrictions imposed by
the Constitution itself. Judge Story says: "It
would be almost impracticable, if it were not use-
less, to enumerate the various instances in which
Congress, in the progress of the government, has
made use of incidental and implied means to ex-
ecute its powers. They are almost infinitely
varied in their ramifications and details."
Chief-Justice Marshall says: "A power vested
carries with it all those incidental powers which
are necessary to its complete and efficient execu-
tion."
This principle has been acted upon by the
general government from 1789 to the present
day.
THE LEGISLATIVE DEPARTMENT.
97
SECTION VI. — RESTRICTIONS UPON THE NATIONAL
GOVERNMENT.
The Constitution provides, that the slave trade
could be prohibited by the Congress after the
year 1808. At that time a law of Congress went
into effect imposing heavy penalties upon persons
engaged in the slave trade. In 1820 the slave
trade was declared to be "piracy," to be punished
with death.
Since the late civil war, our nation has happily
been freed from the incubus of human slavery.
The Constitution expressly prohibits any ex
post facto law and any bill of attainder.
It is also provided that direct taxes levied by
the national government shall be in proportion
to the population, and that no title of nobility
shall be granted by the United States, and also
that "No money shall be drawn from the treasury
but in consequence of appropriations made by
law."
RESTRICTIONS UPON THE STATES.
It may also be stated just here that the Consti-
tution places the following restrictions upon the
several states:-
I. No state shall enter into any treaty, alliance, or
confederation.
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THE LEGISLATIVE DEPARTMENT.
2. Grant letters of marque and reprisal.
3. Coin money.
4. Emit bills of credit.
5. Make anything but gold and silver coin a tender
in payment of debts.
6. Pass any bill of attainder, ex post facto law, or
law impairing the obligation of contracts.
7. Or grant any title of nobility.
NOTE. Who can Vote. On page 77 it is stated, "Each state
prescribes by law how the members of the state legislature shall be
elected, and who shall have power to vote for such members."
Every state, either by its Constitution or its statutes, prescribes
the limit of suffrage. In general, this limit has heretofore been
what is called "manhood suffrage"; i.e. every male citizen, twenty-
one years old, not a pauper or an idiot, could vote. Within a few
years many states have extended the privilege of suffrage to women.
The state of Wyoming gives the same political rights to women as
to men. In Kansas women have municipal suffrage, and also, in
unincorporated towns, the right to vote on the question of liquor
licenses. In twenty-three states women have the right (more or less
restricted in some states) to hold office in connection with the man-
agement of public schools. Twenty states have conferred upon
woman power to vote for school officers. In fifteen of these states
a woman can both vote upon school questions and hold office.
These fifteen states are as follows: Colorado, Massachusetts, Michi-
gan, Minnesota, New Hampshire, New Jersey, New York, North
Dakota, South Dakota, Idaho, Montana, Vermont, Washington,
Wisconsin, Wyoming.
The additional states giving women the right to vote upon
school questions are the following: Indiana, Kansas, Kentucky,
Nebraska, Oregon.
Those additional where women can hold office are the following:
California, Connecticut, Illinois, Iowa, Louisiana, Maine, Pennsyl-
vania, Rhode Island.
THE LEGISLATIVE DEPARTMENT.
99
QUESTIONS, TOPICS, AND SUGGESTIONS FOR
REVIEW.
Designed to recall what has been learned and to suggest further
thought, reading, and study.
1. What are the purposes of the Constitution?
2. Describe the growth of the national element.
3. What advantages from having two houses of Congress?
4. How are the representatives to Congress chosen?
5. Qualifications.
6. Number of representatives.
7. Territorial delegates - how many? What for?
8. Officers of the House — what are they and how chosen?
9. Who is liable to impeachment, and how is impeachment
brought about?
10. Senators—how chosen?
II. Qualifications of senators.
12. Presiding officer in Senate and other officers.
13. The trial of impeachments—how carried on?
14. What is meant by a "session" of Congress?
15. What is meant by a "Congress "?
16. Are the salaries of senators and members of Congress
the same? Why should they be?
17. Tell us all about “national taxes.”
18. Meaning of ad valorem and specific.
19. Describe the process for becoming naturalized.
20. Discriminate the meaning of the words "bankrupt” and
"insolvent."
21. What was Patrick Henry's objection to the "sweeping
clause "?
22. Name some restrictions upon Congress. Where are they
found in the Constitution? Read in full the section.
23. Name the restrictions here placed upon the several states.
What section and article in the Constitution is this?
3
BLACKBOARD OUTLINE.
THE EXECUTIVE DEPARTMENT.
The President.
How many.
How elected.
When elected.
How Elected.
The Vice-President.
PRESIDENTIAL ELECTORS.
Vote when.
Votes counted when.
President inaugurated when
President's Qualifications.
President's Duties.
Presidential Succession.
Executive Departments.
ΙΟΟ
CHAPTER II.
THE EXECUTIVE DEPARTMENT.
In the natural order of things, we have con-
sidered, first the legislative department of our
national government. We now proceed to exam-
ine the second great department, the executive
power. This is treated of under the second article
of the Constitution which begins as follows:
"The executive power shall be vested in a President of
the United States of America. He shall hold his
office during the term of four years, and, together
with the Vice-President, chosen for the same term,
be elected as follows:
By this clause we observe that,
I. The executive power is vested in one person.
2. He is elected for the term of four years.
3. The Vice-President is elected for the same term.
The following is the list of the Presidents, with
their terms of office:-
1. George Washington, two terms, 1789 to 1797.
2. John Adams, one term, 1797 to 1801.
3. Thomas Jefferson, two terms, 1801 to 1809.
4. James Madison, two terms, 1809 to 1817.
ΙΟΙ
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THE EXECUTIVE DEPARTMENT.
5. James Monroe, two terms, 1817 to 1825.
6. John Quincy Adams, one term, 1825 to 1829.
7. Andrew Jackson, two terms, 1829 to 1837.
8. Martin Van Buren, one term, 1837 to 1841.
9. William Henry Harrison, one month, 1841.
10. John Tyler, three years and eleven months, 1841
to 1845.
II. James K. Polk, one term, 1845 to 1849.
12. Zachary Taylor, one year and four months, 1849
to 1850.
13. Millard Fillmore, two years and eight months,
1850 to 1853.
14. Franklin Pierce, one term, 1853 to 1857.
15. James Buchanan, one term, 1857 to 1861.
16. Abraham Lincoln, four years and one month,
1861 to 1865.
17. Andrew Johnson, three years and eleven months,
1865 to 1869.
18. Ulysses S. Grant, two terms, 1869 to 1877.
19. Rutherford B. Hayes, one term, 1877 to 1881.
20. James A. Garfield, four months, 1881.
21. Chester A. Arthur, three years and eight months,
1881 to 1885.
22. Grover Cleveland, one term, from 1885 to 1889.
23. Benjamin Harrison, one term, from 1889 to 1893.
24. Grover Cleveland, from 1893 to 1897.
25. William McKinley, from 1897 to —
It will be seen by the above table that we have
had twenty-two Presidents in our first full century.
Of these, seven were elected for a second term.
Four Vice-Presidents have succeeded to the
presidency by the death of the President.

THE CAPITOL.
THE EXECUTIVE MANSION.
THE TREASURY BUILDING.
A VIEW IN WASHINGTON.
THE EXECUTIVE DEPARTMENT.
103
Presidential Electors. The Constitution
says that,
"Each state shall appoint, in such manner as the legis-
lature thereof may direct, a number of electors
equal to the whole number of senators and repre-
sentatives to which the state may be entitled in the
Congress; but no senator or representative, or per-
son holding an office of trust or profit under the
United States, shall be appointed an elector."
The several points embodied in this clause are
as follows:
1. The President is appointed by electors, and not
by the immediate vote of the people.
2. The number of electors in each state.
3. Any person holding a United States office is
prohibited from being an elector.
It was thought by the framers of the Constitu-
tion, that, if the direct choice of the President
was taken from the people, and placed in the
hands of electors chosen by the people, who would
unquestionably be selected from the ablest and
most trustworthy men of the nation, a wiser
choice of President would be insured than if the
people of the whole country were to vote directly
for this officer. It was evidently the thought of
the framers of the Constitution, that, after the
electors had been appointed, they should meet
and discuss the question and then determine for
104
THE EXECUTIVE DEPARTMENT.
་
whom their votes should be cast.
The result,
however, has proved that the election of Presi-
dent is not left in the hands of the electors, but
is, in reality, determined by the people when they
elect the presidential electors.
According to the custom which now prevails,
the electors are practically pledged beforehand to
vote for a certain candidate, who has been pre-
viously nominated in a national convention of a
political party. The electors therefore exercise
no discretion in their vote.
Number of Electors. The number of elect-
ors is determined by the Constitution.
1. In the first place, each state is entitled to
two electors corresponding to the equality of the
states in the Senate.
2. In addition to these two, the number of
electors to which each state is entitled, is fixed
in accordance with the population of the state.
We have seen that Congress determines once in
ten years the number of representatives to which
each state is entitled in the Congress. Each
state is then entitled to as many electors as it
has representatives in Congress. The whole
number of electors therefore for each state is
equal to the whole number of representatives
and senators which that state sends to the Con-
gress.
THE EXECUTIVE DEPARTMENT.
105
Time of choosing Electors. The day for
choosing the electors was fixed by an act of Con-
gress, passed in 1845, as the Tuesday next after
the first Monday in November. All the states
choose their electors on the same day. The
legislature of each state directs the manner in
which these electors shall be elected. There
have been heretofore four different modes of
electing the electors: -
1. By joint ballot of the state legislatures.
2. By a concurrent vote of the two branches of the
legislature.
3. By the popular vote of the state on one joint ticket.
4. By the people voting in districts.
The method now adopted by all the states is
that of the people of the whole state voting by
general ticket. By this method the vote of no
state is divided, but the entire state vote is
counted for the electoral college as nominated by
one party or another.
Electors Vote. In accordance with an act
passed by Congress, February 3d, 1887, the elect-
ors meet in their respective states on the second
Monday in January, to give their votes for Presi-
dent and Vice-President.
The electors give separate votes for the Presi-
dent and Vice-President by ballot. They then
make three certificates of all the votes given.
106
THE EXECUTIVE DEPARTMENT.
These certificates they must sign and seal, and
certify on each certificate that there is contained
within a list of the votes of the electors of such a
state (naming it), for President and Vice-Presi-
dent. One of these certificates is delivered to
the judge of the United States District Court for
that district in which the electors are assembled.
A second certificate is forwarded forthwith, by
mail, to Washington, directed to the President.
of the Senate. The electors appoint a person as
special messenger to take the third certificate,
carry it to Washington and deliver it to the
President of the Senate. This special messenger
is paid a sum fixed by law, on the mileage princi-
ple. The three certificates of the election of
these electors are transmitted with the certificates
of their votes.
Votes Counted. The votes for President
and Vice-President are counted on the second
Wednesday of February in the hall of the House
of Representatives in presence of both houses of
Congress, the President of the Senate presiding.
On that day the Senate marches in a body from
the senate chamber to the other wing of the
Capitol, and enters the hall of the House, the
members of the House standing to receive them.
All being seated, the President of the Senate
opens the certificates in the presence of the two
THE EXECUTIVE DEPARTMENT.
107
houses, and hands them to the tellers, previously
appointed by the two houses respectively, who
count the votes, state by state, in alphabetical
order, beginning with the letter A, and each vote,
together with the aggregate vote, is declared by
the presiding officer. This method gives dignity
and insures fairness in the proceeding.
Election by the House. In case no person
receives a majority of the votes cast by the elect-
ors for President, the choice of a President is
referred to the House of Representatives. The
House must immediately proceed to the election
of President, and the members are restricted in
their votes to the three highest candidates in the
vote by the electors. In thus voting for the
President, the vote must be taken by states, the
representatives from each state having one vote.
The vote cannot be taken except a quorum shall
be present, and this quorum is determined by the
Constitution to be one or more representatives
present from two-thirds of the states.
It is pos-
sible that the House might be so divided as to
be unable to elect any one of these three highest
candidates. The Constitution provides for this
emergency. The House must continue voting
until the fourth day of March, when the session
and the Congress expires. In case they make no
choice prior to that date, then the Constitution
108
THE EXECUTIVE DEPARTMENT.
provides, that "The Vice-President shall act as
President, as in the case of death, or other consti-
tutional disability of the President."
If
Vice-President elected by the Senate.
there is no election of Vice-President by the
electors, the Senate, immediately after the vote has
been counted, that is, on the second Wednesday
in February, proceeds to choose a Vice-Presi-
dent. There must be a quorum present for this
purpose; and the Constitution fixes that quorum
as two-thirds of the whole number of senators,
and a majority of the whole number shall be
necessary to a choice. The senators must choose
the Vice-President from the two highest numbers
on the list voted for by the electors.
As the Vice-President may become President,
the Constitution wisely provides that, —
"No person constitutionally ineligible to the office
of President shall be eligible to that of Vice-President
of the United States."
Qualifications.
dent are as follows:
The qualifications for Presi
1. He must be a native-born citizen.
2. He must have attained to the age of thirty-five
years.
3. He must have been for fourteen years a resident
within the United States.
THE EXECUTIVE DEPARTMENT.
109
No other qualifications than these three are
fixed by the Constitution. The qualifications for
the Vice-President are the same as for the Presi-
dent.
Observe the qualifications requisite for reprc-
sentatives to Congress, for senators, and for the
President and Vice-President.
1. A representative must be twenty-five years of age;
a senator, thirty; and a President or Vice-President,
thirty-five.
2. A representative must have been a citizen of the
United States seven years; a senator, nine years; and
a President or Vice-President must be native born.
3. A representative must be an inhabitant of the
state for which he is chosen; a senator the same; and
a President must have resided within the United
States fourteen years.
The Vice-President. So long as the Presi-
dent performs the duties of his office, the Vice-
President has no connection with the executive
department, but is merely President of the Senate.
In the case of the removal, resignation, or inability
of the President, the Vice-President becomes Pres-
ident for the remainder of the presidential term.
The Vice-President has filled the presidential
chair in four instances:
1. After the death of President Harrison, Vice-Presi-
dent John Tyler filled the office of President from 1841
to 1845.
IIO
THE EXECUTIVE DEPARTMENT.
2. On the death of President Taylor, Millard Fillmore
was President from 1850 to 1853.
3. Andrew Johnson, after the death of Abraham Lin-
coln, was President from 1865 to 1869.
4. Chester A. Arthur succeeded to the presidency on
the death of President Garfield, and held that office
from 1881 to 1885.
No Vice-President who had become President
has died during his term of office. Congress has,
however, by a law passed January, 1886, provided
that in case of the removal, death, resignation,
or inability of both the President and Vice-Presi-
dent of the United States, the Secretary of State,
if there be one, shall become President, and hold
the office during the remainder of the presidential
term of four years; and in case there is no Sec-
retary of State, or in case of his removal, death,
resignation, or inability, then the Secretary of the
Treasury, and next in order the Secretary of War,
the Attorney-General, the Postmaster-General, the
Secretary of the Navy, the Secretary of the
Interior, and the Secretary of Agriculture.
If either of the foregoing officers does not have
the three qualifications requisite for a President,
he is not eligible to fill the vacancy, and the next
officer in order who is eligible would become
President for the remainder of the term.
THE EXECUTIVE DEPARTMENT.
III
Salary. -The salary of the President was
originally fixed at twenty-five thousand dollars a
year. Since 1873 it has been fifty thousand dol
lars a year.
The salary of the Vice-President is
eight thousand dollars a year.
The Powers of the President.
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 actual
service of the United States."
2. "He shall have power to grant reprieves and par-
dons for offences against the United States, except in
cases of impeachment."
3. He makes treaties with foreign nations with the
advice and consent of the Senate.
4. He appoints "ambassadors, foreign ministers and
consuls, judges of the Supreme Court, and all other
officers of the United States whose appointments are
not herein provided for, and which shall be established
by law."
5. He has power to make temporary appointments
of officers of the United States when vacancies happen
during the recess of the Senate.
Impeachment. -"The President, Vice-Presi-
dent, 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.'
>>
112
THE EXECUTIVE DEPARTMENT.
Executive Departments. The executive bus-
iness of the government is divided among eight
executive departments as follows:-
1. The Department of State.
2. The Department of the Treasury.
3. The Department of War.
4. The Department of the Navy.
5. The Department of the Post-Office.
6. The Department of the Interior.
7. The Department of Justice.
8. The Department of Agriculture.
The Constitution places the full executive
power in the hands of one man, the President.
It makes no provision for the Cabinet; but it
gives the President authority to "require the
opinion in writing of the principal officer in each
of the executive departments upon any subject
relating to the duties of their respective offices.”
This implies that executive departments will be
established so that the various and multiform
duties pertaining to the executive work of the
national government may be efficiently and
systematically performed. The eight depart-
ments just mentioned have been established by
Congress, and several of them have been sub-
divided into bureaus. The heads of all these
departments are appointed by the President, by
ar with the advice and consent of the Senate.
THE EXECUTIVE DEPARTMENT.
113
The salaries of these officers are eight thousand
dollars each per annum.
The Department of State. Originally this
was styled the Department of Foreign Affairs.
The Secretary of State is generally considered
the highest officer in rank of the executive de-
partments under the President. It is his duty to
keep the seal of the United States, and to affix it
to all commissions granted by the President. He
issues all proclamations in the name of the Presi-
dent, and furnishes copies of papers and records
of his office when required.
He keeps the correspondence with foreign
powers and preserves the original of all laws,
public documents and treaties with foreign
nations. It is his duty to conduct the corre-
spondence with our ministers and consuls to other
countries, with foreign ministers accredited to our
government, and in general he has charge of mat-
ters pertaining to our foreign relations. He issues
passports to our citizens visiting foreign countries,
and warrants for the extradition of criminals to be
delivered up to foreign governments.
The Department of State has a diplomatic
buiau, a consular bureau and a domestic bureau.
Public Ministers and Consuls. All persons
who are sent abroad to represent our government
are connected with the Department of State.
3
114
THE EXECUTIVE DEPARTMENT.
The different ranks of our ministers are as
follows:
I. Ambassadors.
2. Envoys Extraordinary
and Ministers Plenipoten-
tiary.
3. Ministers Resident.
4. Chargés d'Affaires.
5. Secretaries of Lega-
tion.
The Ambassador and the Envoy Extraordinary,
and Ministers Plenipotentiary have the same pay
and appear to be of the same rank. Ambassadors
are sent to such foreign governments as are rep-
resented in the United States by an ambassador.
At present, our representatives in Great Britain,
Germany, Italy, and France are styled ambas-
sadors. The salaries of our foreign ministers
range from five thousand dollars to seventeen
thousand five hundred dollars a year.
Chargés d'Affaires receive five thousand dollars
each. The Secretary of Legation is the clerk to
the Foreign Embassy. Consuls are not diplo-
matic agents of our government, but are com-
mercial agents residing abroad, whose duty it is
to watch over the interests of our commerce and
of our citizens, in the ports of the different coun-
tries. They are charged also with protecting the
rights of our seamen. The salaries of Consuls-
General and commercial agents range from one
thousand dollars to six thousand dollars per
annum. Many consuls are paid principally by
fees.

THE NEW STATE, WAR, AND NAVY BUILDING.
THE EXECUTIVE DEPARTMENT.
115
Of late years
The Treasury Department.
the importance of this department has gradually
increased. During the Civil War the govern-
ment issued bank bills, termed "greenbacks,"
and established a system of national banks, which
have increased materially the number of officers
and employees in this department. Under the
Secretary of the Treasury are the following
officers :-
1. The Comptroller.
2. Auditor.
3. Treasurer.
4. Register.
5. Assistant Secretary.
This department has charge of the revenue,
superintends its collection, grants warrants for
money to be issued from the treasury, in pursu-
ance of appropriations made by law, and gener-
ally performs all needful services relative to the
finances of our country. In the Treasury Depart-
ment are the following bureaus:
1. The Bureau of the First Comptroller.
2. The Bureau of the Second Comptroller.
3. The Bureau of the First Auditor.
4. The Bureau of the Second Auditor.
5. The Bureau of the Third Auditor.
6. The Bureau of the Fourth Auditor.
7. The Bureau of the Fifth Auditor.
8. The Bureau of the Sixth Auditor.
116
THE EXECUTIVE DEPARTMENT.
9. Treasurer.
10. Register.
II. Commissioner of Customs.
12. Comptroller of Currency.
13. Commissioner of Internal Revenue.
14. Bureau of Statistics.
15. The Mint.
16. Bureau of Engraving and Printing.
Coast Survey. The office of the Coast Sur
vey is connected with the Treasury Department.
This office prepares charts from actual surveys
of the seacoast of the United States. The sur-
veys of the Great Lakes are under the control of
the War Department.
Light-Houses. - The light-houses of the
United States were formerly under the control
of the Treasury Department, but for nearly forty
years past have been committed "to the Light-
House Board of the United States." This board
consists of three officers of the army, three of the
navy, and two civilians noted for their scientific
attainments, with the Secretary of the Treasury
president of the board ex officio. This board has
in charge between one thousand and two thou-
sand light-houses, besides light-vessels, beacons
and buoys innumerable.
Under this department also is the Supervising
Architect, who has general charge of the plans
and construction of all United States buildings,
THE EXECUTIVE DEPARTMENT.
117
2
such as custom-houses, court-houses, post-offices,
etc.
The War Department. This department has
various subdivisions as follows:
1. The Office of Adjutant-General.
2. The Office of the Quartermaster-General.
3. The Office of the Commissary-General.
4. The Office of the Paymaster-General.
5. The Office of the Chief of Engineers.
6. The Ordnance Office.
7. The Signal Office.
8. The Bureau of Military Justice.
The Bureau of Military Justice is in charge of
an officer with the rank of a Brigadier-General,
called a Judge-Advocate-General. Under this
department is the United States Military Acad-
emy at West Point. This school was estab-
lished for the education of officers for the army.
West Point. The students are termed cadets,
and number between three and four hundred.
They are appointed as follows: One from each
congressional district, one from each of the
organized territories, one from the District of
Columbia, and ten from the United States at
large. These are all appointed by the President,
but each member of the national House of Rep-
resentatives nominates the candidate for his dis-
trict. The President appoints the ten candidates
118
THE EXECUTIVE DEPARTMENT.
at large. Candidates for appointment must no
be less than seventeen nor more than twenty-two
years of age, and they are expected to serve in
the army eight years, unless sooner discharged.
The examination for admission to West Point
is careful and accurate upon the elements of a
good education. In arithmetic, geography, Eng-
lish grammar, reading, writing, spelling, and the
history of the United States, thoroughness and
accuracy are required.
It has become customary of late for congress-
men to hold competitive examinations, and to
nominate for vacant positions at West Point
those who have passed the best examinations in
respect to mental qualifications and scholarship,
with good physical health, strength, and develop-
ment.
The superintendent and principal members of
the faculty are regular officers in the army.
Each cadet receives an allowance during his
term of study sufficient to pay his necessary
expenses for clothing, board, etc. The entire
expense of the academy is met by the United
States government. Congress makes annually
for this purpose an appropriation of three hun-
dred thousand dollars or more.
The Department of the Navy. This depart-
ment is divided into eight bureaus, as follows:
THE EXECUTIVE DEPARTMENT.
119
1. The Bureau of Yards and Docks.
2. The Bureau of Equipment and Recruiting.
3. The Bureau of Navigation.
4. The Bureau of Ordnance.
5. The Bureau of Medicine and Surgery.
6. The Bureau of Provisions and Clothing.
7. The Bureau of Steam Engineering.
8. The Bureau of Construction and Repairs.
Naval Academy. Under the charge of this
department is maintained, at Annapolis, Md., a
naval academy similar to the military academy at
West Point. To enter this academy as cadet-
midshipman, the student must not be less than
fifteen, nor more than twenty, years of age.
The same number is allowed as at West Point,
and by the same method of appointment. The
course of study embraces six years, and the student
on graduating becomes midshipman, subject to
promotion as vacancies occur. This academy re-
quires an annual appropriation from the govern-
ment of two hundred thousand dollars or more.
Proba-
The Department of the Post-Office.
bly this is the oldest department under our gov-
ernment. Prior to the Revolution the British
government had established a system of mails
through these colonies, and Dr. Benjamin Frank-
lin was the superintendent of this system. In
July, 1775, only a month later than the battle of
120
THE EXECUTIVE DEPARTMENT.
Bunker Hill, Dr. Franklin received the appointment
of Postmaster-General of the United Colonies.
In September, 1789, the first Congress under
the Constitution made provision for the establish-
ment of the post-office system, and appointed
a Postmaster-General. There are four assistant
postmasters-general. The first assistant is in
charge of the Correspondence, the Money-Order
System, and the Dead-Letter Office. To the
second assistant is assigned the General Mail
Service, the Contract Office, and the Railway
Mail Service, which last is placed under the care
of a General Superintendent. The third assist-
ant is charged with the duties of the Finance
Office, to which is attached the Division of Post-
age Stamps and Postal Cards. To the fourth
assistant is assigned the Appointment Office.
There is also an "Assistant Attorney-General
for the Post-Office Department," and an "Au-
ditor for the Post-Office Department." Prompt-
ness and accuracy are needed in assorting mail-
matter and preparing it for delivery. Especially
is this true of the principal lines of railroads
leading to large cities; for example, between New
Haven and New York, or between Philadelphia
and New York; and a large number of mail-
agents are required in the mail-cars, whose busi-
ness it is to assort the mail-matter, and deposit it
THE EXECUTIVE DEPARTMENT.
121
in proper pouches, carefully marked, so that on
arrival at New York the matter can at once be
placed in the proper boxes in the post-office and
delivered with the least possible loss of time.
Distributing Offices. - Formerly, in all large
cities, there was a distributing post-office. Into
this department the mail-pouches had to be
brought from all directions, which contained mat-
ter to be forwarded to distant points. All this
matter had to be overhauled, arranged, and put
into the proper pouches for further transportation;
for example, at New York, mail-matter from New
England, designed for the South and West, would
be all poured out upon large tables, assorted, di-
vided, and thrown into proper pockets for carrying
to Philadelphia, Harrisburg, Baltimore, Washing-
ton, etc.; while at the same time, and at the same
distributing office, would be received the mails
from the South and West, to be overhauled in
like manner, and forwarded to the East.
Much time was consumed by this frequent
change and examination of mail-matter. Time
has now become so important a factor in the
transaction of business that every facility must
be employed for the rapidity of transmission.
Hence most of the distributing offices have been
abolished, and mail-pouches are now made up in
Boston, New York, Philadelphia, and all large
:
122
THE EXECUTIVE DEPARTMENT.
cities, to be forwarded through to the most dis-
tant points, like San Francisco, Portland, Mon-
treal, and Quebec.
Cheap Postage. Formerly, but within the
recollection of persons now living, it cost five
cents to transmit an ordinary letter to any post-
office within thirty miles, ten cents for a longer
distance, and from that up to twenty-five cents
across the continent.
All postage was then paid by the receiver at
the end of the route. Fifty years ago there was
no prepayment of postage, and more than forty
years ago a law was passed by Congress estab-
lishing the postage of a single letter at three
cents for any distance within our country, pro-
vided the sender should pay the postage; if not
prepaid, the postage should be five cents.
In this way people became accustomed to pre-
paying postage, so that after a few years another
act was passed by Congress, requiring prepay-
ment of postage on all letters, establishing the
rate at three cents for an ordinary letter without
regard to distance. At the present time the
postage on letters not exceeding an ounce in
weight is two cents to any part of our country,
and including the British Provinces of North
America.
Some years ago a postal league was entered
THE EXECUTIVE DEPARTMENT.
123
into by the principal civilized nations of the earth,
establishing the uniform rate of five cents as the
postage for all letters, of proper weight, from any
one of the countries within the postal league to
any other.
The experiment of cheap postage, which was
first introduced into Great Britain, a generation
or more ago, has proved entirely successful. In
that country the contest for this improvement
was severe and protracted. Rowland Hill and
others devoted themselves with great energy to
the philanthropic enterprise of bringing about
this much-needed reform.
When the reduction of rates had proved suc-
cessful in the mother country, it was quickly
introduced by our government, and from time to
time, as the rate of postage has been diminished,
it has been found that the receipts of the Post-
Office Department have increased. At the present
time the Post-Office Department more than pays
for itself, excepting in the more sparsely popu-
lated districts of some sections of our country.
The Department of the Interior.
partment was established in 1849.
are:
I. The Patent Office.
2. The Pension Office.
3. The Land Office.
This de-
Under it
124
THE EXECUTIVE DEPARTMENT.
4. The Science Bureau.
5. The Bureau of Indian Affairs.
6. The Bureau of Education.
The business of the Patent Office is conducted
under the direction and control of the Commis-
sioner of Patents, who receives applications and
superintends the granting and issuing of patents
in accordance with the various acts of Congress
passed at different times on this subject. The
business of the office is to grant letters-patent to
"inventors or discoverers of any new or useful art, ma-
chine, manufacture or composition of matter, or
any new and useful improvement on such, which
had previously been unknown, and which had not
been used by others, and which had not been on
sale or in public use for more than two years prior
to the application for a patent."
The Patent Office employs many clerks called
examiners, who investigate the claims of every
invention for which a patent is solicited. The
patent itself is the official document issued in the
name of the United States, and is granted for
the period of seventeen years. Its actual cost is
thirty-five dollars.
Each article offered for sale by the patentee
must have stamped upon it the word "patent"
with the date when the patent was issued.

THE PATENT-OFFICE BUILDING.
66836500
2
526
THE EXECUTIVE DEPARTMENT.
125
The Pension Office. Since the Civil War, this
office has grown to gigantic proportions. It has
in charge the entire matter of granting pensions
and keeping the accounts thereof in accordance
with the laws passed by Congress at different
times upon this subject. The Pension Office in
Washington is an immense building, filled with
clerks who are constantly employed in keeping
the records and attending to the accounts of pen-
sions and pensioners. The business of this office
has grown from year to year, and the amount of
money disbursed by it has increased, until, at the
present time, the aggregate amount of pensions
paid is in the neighborhood of one hundred mil-
lion dollars a year.
The Land Office. The chief officer of this
bureau is styled the Commissioner of the General
Land Office. Under the commissioner are the
following officers:-
1. Surveyors-General.
2. Registers of Land Offices.
3. Receivers of Land Offices.
Many years ago the United States adopted a
system of survey for the public lands. This sys-
tem provides that the immense tracts of western
lands belonging to the United States government
should be divided into ranges, townships, sec-
126
THE EXECUTIVE DEPARTMENT.
tions, and fractions of sections. The ranges are
bounded by meridian lines six miles apart, and
are numbered from a standard or principal meri-
dian east and west. These ranges are divided
into townships of six miles square, and numbered
from a given parallel north and south.
The townships are divided into thirty-six sec-
tions, each one mile square, and hence embrac-
ing six hundred and forty acres. These sections
are divided, as may be needed, into halves, quar-
ters, eighths, and in some cases sixteenths. The
sections in a township are numbered as indicated
in the following diagram:

6
сл
5
4
3
2
I
7
8
9
ΙΟ
I I
I 2
18
17
16
15
14
13
19
20
21
22
23
24
30
29
28
27
26
25
31
H
32
33
34
35
36
This system of marking the division of lands makes
the description of any individual tract very simple.
THE EXECUTIVE DEPARTMENT.
127
If one should purchase a section, the deed
would specify the number of the section, - in
such a township and such a range; or if a quar-
ter-section were purchased, the description might
be as follows:-
The northeast quarter of section twenty-four,
township seventeen north, range nine east of
third principal meridian. The government sells
this land and issues a patent, which is signed by
a secretary appointed by the President, and also
signed by a proper recorder of the land office.
The quarter-section is one hundred and sixty
acres. These quarter-sections are divided into
lots of forty acres each. If one lot was sold, it
would be indicated as follows:
The northwest quarter of northeast quarter of
section seventeen.

B
A
C
D
SECTION 17.
In the above diagram the description just given
applies to lot B.
128
THE EXECUTIVE DEPARTMENT.
•
The Bureau of Indian Affairs. This bureau,
established in 1832, is in charge of a Commis-
sioner of Indian Affairs, and has the management
of all matters arising out of the relation of the
government to the Indians. It cares for, pays to,
or expends for, their benefit, all moneys due on
account of lands ceded by Indians to the national
government; looks after their interests in lands
reserved; has begun the work of allotting and
patenting a certain portion to each member of
the tribe individually; preserves order upon In-
dian reservations through Indian police and
Indian courts; employs agents, farmers, and
mechanics to live among the Indians and teach
them the occupations and customs of civilized
life; assists the Indians in building houses, open-
ing farms, and getting a start in civilization; and
educates their children.
Indian Schools.-On Indian reservations are
many day schools; but as a rule, Indian children
are educated in industrial boarding schools.
Most of these are on reservations; but the gov-
ernment supports also large schools off reserva
tions among white communities, where the pupils
have special opportunities for acquiring civilized
habits and customs. In addition to these schools,
which are wholly sustained by the government,
the Indian Office makes contracts for the educa-
THE EXECUTIVE DEPARTMENT.
129
tion of Indian youth in various private or denom-
inational schools. The work of the Indian Bureau,
and especially of the Indian schools, is growing in
importance and in public interest. Many think
that all tribal relations should cease, and that the
Indians should be treated as individuals, the same
as all other races are treated.
·
The Bureau of Education. — This bureau was
established by Congress nearly twenty-five years
ago for the purpose of collecting statistics relat-
ing to educational matters in the different states
and territories of the Union, and of promoting
the progress of education throughout the nation.
It is especially designed as a central medium of
communication on educational subjects between
the various states of the Union and between
this country and foreign nations. It is placed in
charge of an officer styled the United States
Commissioner of Education. This bureau has
proved itself of great educational value to the
country.
The Department of Justice. The office of
Attorney-General was created by the first Con-
gress in 1789, but the Department of Justice was
not established until 1870. This officer, however,
has always been recognized as a member of the
Cabinet. Under the Attorney-General are:
130
THE EXECUTIVE DEPARTMENT.
1. The Solicitor-General.
2. An Assistant Attorney-General.
3. An Assistant Attorney-General for the Court of
Claims.
4. An Assistant Attorney-General in the Department
of the Interior.
5. An Assistant Attorney-General in the Post-Office
Department.
6. A Solicitor of Internal Revenue.
7. Naval Solicitor.
8. Examiner of Claims.
9. Solicitor of the Treasury.
IO. An Assistant Solicitor.
All of these officers are appointed by the
President and Senate. Besides these officers, in
this department are employed many persons as
clerks, copyists, etc.
Money and Banking. — We have already con-
sidered the coins of our country.
Our money
system is bi-metallic, both gold and silver coins
being legal tender. The gold and silver coins.
are the ordinary and legitimate legal tender in
payment of debts. This is customary among the
nations generally.
The rapid growth of our country, with the cor-
responding increase of business and population,
has made it impossible for us to secure a sufficient
amount of coin to carry on the necessary business
of the country. Moreover, bank bills are far
THE EXECUTIVE DEPARTMENT.
131
more convenient than either gold or silver for
large business transactions.
Banks were early established under charters
from the various states. This is not prohibited
by the Constitution. Prior to the Civil War, the
bank notes issued by the various state banks in all
parts of the country amounted to a very large
sum, and were an important aid in carrying for-
ward the immense business of the country.
The exigencies of the times during the Civil
War, especially the need for very large sums of
money by the government to carry on the war,
gave occasion for new legislation by the national
government upon this subject.
In 1864 a bill was passed by Congress, provid-
ing for a bureau of currency in the Treasury
Department under the direction of an officer
called the Comptroller. This bill provides that
national banks may be formed by voluntary asso-
ciations, with power to issue bills, receive deposits,
loan money, and perform the ordinary functions
of banks.
A year or two later Congress passed another
act, levying a tax of ten per cent upon all notes
issued by state banks used for circulation after
August 1, 1866. Practically, this, of course, ex-
cluded the bills of the state banks from circulation,
so that nearly all of those banks throughout the
132
THE EXECUTIVE DEPARTMENT.
1
country either closed their business, or transferred
it to national banks, which were formed to take
the place of the old state banks.
Treasury Notes. During the war the gov-
ernment issued a paper currency, usually denomi-
nated treasury notes, or, as they were called in
common language, "greenbacks," from the cir
cumstance that the engraved back of the note
was printed in green ink. The government
made these greenbacks legal tender in payment
of debts, and paid them out from time to time for
army supplies, soldiers' pay, and other current
expenses.
Large amounts of these greenbacks continued
to circulate throughout the country with a some-
what uncertain and fluctuating value until 1879,
when the government began to redeem them in
gold at par. Since then their circulation has
been continued on a par value with gold and the
national bank notes. The government, however,
has redeemed and retired them to such an extent
that the amount in circulation is now very small.
It will thus be seen that the Treasury Depart-
ment of government acts in some sense as a
bank of issue. It does not loan the money as
other banks do, but pays out its bills for current
expenses.
The Constitution provides that the national
THE EXECUTIVE DEPARTMENT.
133
government shall absolutely control the coinage
of money. It prohibits the states severally from
making anything but gold and silver coin a legal
tender in payment of debts, and now, by bringing
into operation this system of national banks,
which has proved so eminently successful, our
federal government, as it would appear, has
established the principle that all forms of money
and currency should be under its control.
This
The Department of Agriculture.
department was formerly a bureau under the
Department of the Interior. By a recent Act of
Congress, on account of its growing importance
and the rapidly increasing value of its work, it
has been made into a distinct department, under
the direction of a chief officer styled the Secretary
of Agriculture, who is a member of the Presi-
dent's Cabinet.
134
THE EXECUTIVE DEPARTMENT.
QUESTIONS, TOPICS, AND SUGGESTIONS FOR
REVIEW.
Designed to recall what has been learned and to suggest further
thought, reading, and study.
1. Qualifications for President and Vice-President.
2. When are presidential electors elected?
3. Who can vote for presidential electors?
4. When do the presidential electors cast their votes?
5. When, where, and how are their votes counted?
6. When does the President take his seat, and what is the
length of his term of office?
7. Describe the new law for the presidential succession.
8. Enumerate the powers and duties of the President.
9. What is the President's salary?
10. How are treaties made with foreign nations?
11. How do the qualifications for representative, senator,
and President differ?
12. If there is no choice for the President by the vote of
the electors, how is the President to be chosen?
13. If the electors make no choice for Vice-President, how
is the Vice-President to be chosen?
14. How can a President be removed?
15. What officers constitute the President's Cabinet?
16. Write out in order the executive departments, and give
the official title for the chief officer in these several depart-
ments.
17. Name the principal duties of the Secretary of State.
18. Give some account of our ministers to foreign govern-
ments.
19. Give a brief account of the Military Academy at West
Point.
20. Of the Naval Academy at Annapolis.
THE EXECUTIVE DEPARTMENT.
135
21. Write an account of the national system of surveying
and plotting public land.
22. Give some account of the Post-Office Department.
23. Of money and banking.
24. How is mail matter transported and distributed?
25. Give some account of the bureau of Indian affairs.
26. The Bureau of Education.
27. The Pension Office.
BLACKBOARD OUTLINE.
THE JUDICIAL DEPARTMENT.
1. The Supreme Court.
3. The Circuit Court.
2. The Circuit Court of Appeals.
4. The District Court.
SPECIAL COURTS.
1. Court of Claims.
2. Supreme Court of the District of Columbia.
3. Supreme Courts in the Territories.
4. District Courts in the Territories.
136
CHAPTER III.
THE JUDICIAL DEPARTMENT.
THE Constitution provides that there shall be
"one Supreme Court and such inferior courts as
Congress may from time to time ordain and
establish." In accordance therewith, Congress
has established the following system of United
States courts:
1. The Supreme Court.
2. The Circuit Court of Appeals.
3. The Circuit Court.
4. The District Court.
Besides these there are:
1. Court of Claims, established in 1855.
2. Supreme Court of the District of Columbia.
3. Supreme Courts in the Territories.
4. District Courts in the Territories.
The Supreme Court at the present time con-
sists of a Chief Justice and eight associate jus-
tices. These nine justices correspond to the num-
ber of circuits, and one of them is assigned to
each circuit. There are nine Circuit Courts, with
nine judges of these courts. Appeals from Dis-
trict and Circuit Courts shall be made to Circuit
Court of Appeals or to Supreme Court, but no
appeal can be made from the District to the Cir-
137
138
THE JUDICIAL DEPARTMENT.
cuit Courts. The Circuit Courts are presided over
by a Circuit Judge, a District Judge, a Justice of
the Supreme Court, or any two of them. These
Circuit Courts are again divided into districts,
every state having at least one District Court.
Some of the larger states are divided into two or
more districts.
The salaries of the judges of the District
Courts are, at present, five thousand dollars.
each. The judges of the Circuit Courts receive
a salary of six thousand dollars. The associate
justices of the Supreme Court have a salary of ten
thousand dollars; and the Chief Justice of this
court receives ten thousand five hundred dollars.
Only certain kinds of cases can be brought
before the United States courts. These courts
have jurisdiction in the following cases: -
1. All cases in law and equity arising under the Con-
stitution, the laws of the United States, and treaties.
made, or which shall be made, under their authority.
2. All cases affecting ambassadors, other public
ministers, and consuls.
3. All cases of admiralty and maritime jurisdiction.
4. Controversies to which the United States shall be
a party.
5. Controversies between two or more states.
6. Controversies between a state and the citizens of
another state.
7. Controversies between citizens of different states.
8. Controversies between citizens of the same state,
claiming lands under grants of different states.
THE JUDICIAL DEPARTMENT.
139
9. Controversies between a state or the citizens
thereof and foreign states, citizens, or subjects.
The judicial power of the United States is here
extended to controversies between a state and
citizens of another state. This clause gave much
discussion at the time the Constitution was
adopted, and the states were unwilling to be
subjected to lawsuits brought in the federal
courts by citizens of other states. Accordingly,
an amendment to the Constitution was proposed,
and on the 8th of January, 1798, the President
announced to the Congress that the amendment
had been adopted by three-fourths of the states,
and was, therefore, a part of the Constitution..
This constitutes the eleventh of the amendments,
and is as follows:
"The judicial power of the United States shall not be
construed to extend to any suit in law, commenced
or prosecuted against one of the United States by
citizens of another state, or by citizens or subjects
of any foreign state.”
Such cases must be brought before the state
courts.
The Constitution provided that whether in the
United States courts or in the courts of any state
"The trial of any crimes, except in cases of impeach-
ment, shall be by jury; and such trials shall be
held in the state where the said crimes shall have
140
THE JUDICIAL DEPARTMENT.
been committed; but when not committed within.
any state the trial shall be at such place or places
as Congress may by law have directed.”
A jury consists of twelve men, selected accord-
ing to law, to determine matters of fact in a legal
trial. The right of trial by a jury of one's peers
was a right highly esteemed by the people of
Great Britain, which they a long time ago com-
pelled their king to yield to them. This right is
here made a part of the Constitution of our coun-
try, and although not yielding all the good fruit
which might be desired, yet is considered as one
of the guaranties of a fair trial to any one accused
of crime.
This clause provides that all trials for crime
shall be held in the state where such crime has
been committed.
Treason. -
"Treason against the United States shall consist only
in levying war against them, or in adhering to their
enemies, giving them aid and comfort. No person
shall be convicted of treason unless on the testi-
mony of two witnesses to the same overt act, or on
confession in open court."
This clause defines treason as consisting of
only two things:
1. In levying war against the United States.
THE JUDICIAL DEPARTMENT.
141
2. In adhering to their enemies, giving them aid and
comfort, and it provides that,
"No person shall be convicted of treason unless on the
testimony of two witnesses to the same overt act,
or on confession in open court."
"The Congress shall have the 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.”
The terms here used refer to an English cus-
tom. The old English law provided certain con-
sequences as to the mode of execution of one who
had been convicted of treason. He was to be
put to death in a cruel manner, and his conviction
involved what was called attainder, and this worked
corruption of blood, or forfeiture.
There was no judgment of attainder, but the
attainder was incident to the conviction as a mat-
ter of course. This attainder, as a natural conse-
quence, was supposed to include corruption of
blood, or forfeiture. His property of every kind
was forfeited. His children could not inherit
property from his ancestors through him. What
was termed "corruption of blood" destroyed the
power to inherit property.
Our Constitution prescribes that the offender
himself shall bear the punishment. It shall not
descend to his children. There may be forfeiture,
י-
142
THE JUDICIAL DEPARTMENT.
but this is rather in the nature of a fine, made at
his conviction. This clause does not mean that
the forfeiture shall extend only during the life of
the person.
The forfeiture or fine once made, of
course the property or fine goes to the govern-
ment permanently and not temporarily.
THE JUDICIAL DEPARTMENT.
143
*
QUESTIONS, TOPICS, AND SUGGESTIONS FOR
REVIEW.
Designed to recall what has been learned and to suggest further
thought, reading, and study.
1. Describe the organization of the Supreme Court of the
United States.
2. What is the salary of the justices ?
3. Describe the United States Circuit Courts.
4. Who may preside in a Circuit Court?
5. Describe the District Courts.
6. Name the salary of a judge of the Circuit Court.
7. What are the limits of the salary of the district judges?
8. What cases may be brought before the United States
District Courts?
9. Circuit Courts ?
10. The Supreme Court?
II. What courts try ordinary cases of crime, and suits be-
tween citizens of any one state?
12. Should a crime be committed in a post-office building,
or a custom-house building owned by the United States, in
what court would the case be tried?
13. Discuss the question of " trial by jury."
BLACKBOARD OUTLINE.
MISCELLANEOUS PROVISIONS.
"Full Faith and Credit."
"Public Acts."
New States.
Territories.
"Records."
"Judicial Proceedings."
Republican Government.
Amendments.
144
CHAPTER IV.
MISCELLANEOUS PROVISIONS.
THE Constitution provides that:-
"Full faith and credit shall be given to the public acts,
records, and judicial proceedings of every other
state, and the Congress may, by general laws, pre-
scribe the manner in which said acts, records, and
proceedings shall be proved, and the effect thereof."
1. “Full faith and credit." By these words
are meant that the other state shall give the
same credit, which the state itself gives to the
acts, etc., when these have been proven.
2.
(6
"Public acts." By these are meant the
laws of the state, or the action of the legislature.
3. Records." These refer to general matters
of legal record, such as laws, real estate records,
legislative journals, etc.
4. "Judicial proceedings." The reference here
is to the acts of the courts, judgments, orders,
proceedings. In obedience to the last part of
the clause, Congress, at an early date, passed an
act specifying that the acts of the legislature of a
state shall be authenticated by its seal. The
same act also specifies the form of proof neces-
145
146
MISCELLANEOUS PROVISIONS.
sary for the records of a court, and the attesta-
tion of the clerk together with the certificate of
the judge. Such records and proceedings must
receive full faith and credit in the courts of other
states.
New States.-
"New states may be admitted by the Congress into this
Union; but no new state shall be formed or erected
within the jurisdiction of any other state, or any
state be formed by the junction of two or more
states, without the consent of the legislatures of
the states concerned, as well as of the Congress."
The first added state was Vermont, which was
admitted into the Union by an act of Congress
in 1791.
In 1792, Kentucky was admitted.
In 1796, Tennessee was admitted.
In 1803, Ohio was admitted.
In 1812, Louisiana was admitted.
In 1816, Indiana was admitted.
In 1817, Mississippi was admitted.
In 1818, Illinois was admitted.
In 1819, Alabama was admitted.
In 1820, Maine was admitted.
In 1821, Missouri was admitted.
In 1836, Arkansas was admitted.
In 1837, Michigan was admitted.
In 1845, Florida was admitted.
MISCELLANEOUS PROVISIONS.
147
In 1845, Texas was admitted.
In 1846, Iowa was admitted.
In 1848, Wisconsin was admitted.
In 1850, California was admitted.
In 1858, Minnesota was admitted.
In 1859, Oregon was admitted.
In 1861, Kansas was admitted.
In 1863, West Virginia was admitted.
In 1864, Nevada was admitted.
In 1867, Nebraska was admitted.
In 1876, Colorado was admitted.
In 1889, North Dakota was admitted.
In 1889, South Dakota was admitted.
In 1889, Montana was admitted.
In 1889, Washington was admitted.
In 1890, Idaho was admitted.
In 1890, Wyoming was admitted.
In 1896, Utah was admitted.
It will thus be seen that by the recent admis-
sion of the seven states last mentioned, we now
have in our federal Union forty-five states.
Territories. -
"The Congress shall have power to dispose of, and
make all needful rules and regulations, respecting
the territory or other property belonging to the
United States, and nothing in this Constitution
shall be so construed as to prejudice any claims of
the United States, or of any particular state."
148
MISCELLANEOUS PROVISIONS.
In accordance with this provision, Congress
has from time to time passed laws regulating the
organization of the territories and providing for
territorial governments. We have at the pres-
ent time, in addition to the forty-five states just
mentioned, the District of Columbia, the Indian
Territory, the unorganized Territory of Alaska,
and three territories with regularly organized
territorial governments as follows:-
1. New Mexico.
2. Arizona.
3. Oklahoma.
Republican Government. -
"The United States shall guarantee to every state in
this Union a republican form of government, and
shall protect each of them against invasion, and, on
application of the legislature, or of the executive
when the legislature cannot be convened, against
domestic violence."
By this section a republican government is
made obligatory upon all the states. No partic-
ular department of the United States government
is charged with this duty. It would seem reason-
able that Congress should decide what govern-
ment is the established one in a state, and this
has been sanctioned by a decision of the Supreme
Court. It would seem necessary also that the
MISCELLANEOUS PROVISIONS.
149
President, as the executive officer of the national
government, and commander-in-chief of the
armies of the nation, should see that the provi-
sions of this section should be enforced.
Amendments.-
"The Congress, whenever two-thirds of both houses
shall deem it necessary, shall propose amendments
to this Constitution, or, on application of the legis
lature 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 nay be
proposed by Congress: provided that no amend-
ment which may be made prior to the year one
thousand eight hundred and eight shall in any man-
ner 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."
Two modes of proposing amendments are here
given, and there may be two modes of ratifica-
tion:
1. Amendments to the Constitution may be proposed
to the several states by a two-thirds vote of both
houses in Congress.
150
MISCELLANEOUS PROVISIONS.
2. Amendments may be proposed by a convention,
on the application of the legislatures of two-thirds of
the states.
Whenever amendments have been proposed to
the states by either of these methods, there are
two ways in which they may be ratified:-
1. By the legislatures of three-fourths of the several
states.
2. By conventions in three-fourths of the several
states, as the one or the other mode of ratification may
be proposed by Congress.
As a matter of fact, all the amendments which
have been hitherto made have been proposed to
the states by Congress; and they have all been
ratified by the legislatures. It is probable that
this method, which has proved satisfactory in the
past, will not be departed from in the future.
Supreme Law of the Land. -
"This Constitution, and the laws of the United States
which shall be made in pursuance thereof, and all
treaties made, or which shall be made, under the
authority of the United States, shall be the supreme
law of the land; and the judges of every state shall
be bound thereby, anything in the constitution or
laws of any state to the contrary notwithstanding."
This clause is of paramount importance in
showing that the government of the United
MISCELLANEOUS PROVISIONS.
151
States is supreme, and must be, not merely over
the people, but over the land of the whole country,
in all places belonging to this nation.
The Constitution, laws, and treaties are here
made the supreme law of the land; and the state-
ment is explicit and emphatic, that "the judges
of every state shall be bound thereby, anything
in the constitution or laws of any state to the
contrary notwithstanding."
"The ratifications of the conventions of nine states shall
be sufficient for the establishment of this Constitu-
tion between the states so ratifying the same."
As a matter of fact, the adoption of this Con-
stitution was a peaceful revolution.
The Articles of Confederation provided as fol-
lows:
" And the Articles of this Confederation shall be inviola-
bly observed by every state, and the union shall be
perpetual; nor shall any alteration at any time here-
after be made in any of them, unless such alteration
be agreed to in a Congress of the United States,
and be afterwards confirmed by the legislatures of
every state."
They further provide,-
“That the articles thereof shall be inviolably observed
by the states they respectively represent, and that
the union shall be perpetual."
152
MISCELLANEOUS PROVISIONS.
Contrary, then, to these provisions of the Arti
cles of Confederation, which were emphatically the
supreme law of the land, this Constitution pro-
vides that it should go into effect between nine
states as soon as ratified by that number.
MISCELLANEOUS PROVISIONS.
153
QUESTIONS, TOPICS, AND SUGGESTIONS FOR
REVIEW.
Designed to recall what has been learned and to suggest further
thought, reading, and study.
1. What is meant by "full faith and credit "?
<<
2. Public acts"?
3. "Records"?
4. "Judicial proceedings "?
5. How may new states be admitted?
6. What power has Congress over the territories ?
7. What has been the uniform method of proposing amend-
ments to the Constitution?
8. What has been the uniform method of adopting amend-
ments to the Constitution?
BLACKBOARD OUTLINE.
AMENDMENTS TO THE CONSTITUTION.
First Ten Amendments. — A Bill of Rights.
Eleventh Amendment. - Judicial Department.
Twelfth Amendment. The Election of President.
Thirteenth Amendment.
Slavery.
Fourteenth Amendment. - Citizenship, Congressional Represen-
tation, Inability to hold Office under the United States, the
Public Debt.
Fifteenth Amendment. Shall not deny or abridge the right to
vote.
Putting the Constitution into Operation.
154
CHAPTER V.
THE AMENDMENTS TO THE CONSTITUTION.
CONVENTIONS were called in the several states
to discuss and adopt, or reject, this Constitution.
After a time it was adopted by all of the thirteen
original states, yet in several conventions there
was a strong desire for certain modifications to
satisfy the evident will of the people.
Congress, at its first session under the Consti-
tution, proposed to the states twelve articles of
amendment. Of these articles ten were ratified
by the legislatures of three-fourths of the states,
and became part and parcel of the Constitution
from the fifteenth day of December, 1791. These
constitute the first ten of the amendments to the
Constitution. They, in general, relate to the
rights of the people and to limitations of govern-
ment. (The teacher is advised to turn to the
Constitution, and read these amendments, dis-
cussing them in an informal way with the class.)
The Eleventh Amendment was proposed at the
first session of the Third Congress, in 1794, and
was declared adopted as a part of the Constitu-
tion January 8, 1798.
155
156
AMENDMENTS TO THE CONSTITUTION.
This amendment, which has been already con-
sidered, restricts the judicial power of the United
States in suits at law between one of the United
States and citizens of another state.
The Twelfth Amendment relates to the manner
of electing President and Vice-President, and has
already been considered. It was proposed by the
first session of the Eighth Congress, in 1803, and
was adopted by the requisite number of states the
next year.
At present there are three other
amendments, the Thirteenth, Fourteenth, and
Fifteenth, all of which have grown out of the
Civil War.
The Thirteenth Amendment. —
'Neither slavery nor involuntary servitude, except as a
punishment for crime, whereof the party shall have
been duly convicted, shall exist within the United
States, or any place subject to their jurisdiction.
"Congress shall have power to enforce this article by
appropriate legislation.”
This amendment was proposed by Congress in
1865, and ratified by the constitutional number of
states the same year.
The Fourteenth Amendment.
"All persons born or naturalized in the United States,
and subject to the jurisdiction thereof, are citizens
of the United States and of the state wherein they
AMENDMENTS TO THE CONSTITUTION.
157
66
reside. No state shall make or enforce any law
which shall abridge the privileges or immunities of
citizens of the United States; nor shall any state
deprive any person of life, liberty, or property with-
out due process of law, nor deny to any person
within its jurisdiction the equal protection of the
laws.
Representatives shall be apportioned among the sev-
eral states, according to their respective numbers,
counting the whole number of persons in each state,
excluding Indians not taxed. But when the right
to vote at any election for the choice of electors for
President and Vice-President of the United States,
representatives in Congress, the executive and
judicial officers of a state, or the members of the
legislature thereof, is denied to any of the male
inhabitants of such state, being twenty-one years of
age, and citizens of the United States, or in any
way abridged, except for participation in rebellion
or other crime, the basis of representation therein
shall be reduced in the proportion which the num-
ber of such male citizens shall bear to the whole
number of male citizens twenty-one years of age in
such state.
"No person shall be a senator or representative in
Congress, or elector of President or Vice-President,
or hold any office, civil or military, under the
United States, or under any state, who, having
previously taken an oath as a member of Congress,
or as an officer of the United States, or as a mem-
ber of any state legislature, or as an executive or
judicial officer of any state, to support the Consti-
158
AMENDMENTS TO THE CONSTITUTION.
tution of the United States, shall have engaged in
insurrection or rebellion against the same, or given
aid or comfort to the enemies thereof. But Con-
gress may, by a vote of two-thirds of each house,
remove such disability.
"The validity of the public debt of the United States,
authorized by law, including debts incurred for
payment of pensions and bounties for services in
suppressing insurrection or rebellion, shall not be
questioned.
But neither the United States nor
any state shall assume or pay any debt or obligation
incurred in aid of insurrection or rebellion against
the United States, or any claim for loss or emanci-
pation of any slave; but all such debts, obligations
and claims shall be held illegal and void.
"The Congress shall have power to enforce, by appro-
priate legislation, the provisions of this article."
This amendment was proposed by Congress in
1866, and was declared to be a part of the Con-
stitution in July, 1868.
Fifteenth Amendment. —
"The right of citizens of the United States to vote
shall not be denied or abridged by the United
States, or by any state, on account of race, color,
or previous condition of servitude.
"The Congress shall have power to enforce this article
by appropriate legislation."
The object of this article was to secure suffrage
to the colored race, especially to the freed men of
AMENDMENTS TO THE CONSTITUTION.
159
the South. It specifies three points, in respect to
which the right of citizens of the United States
to vote shall not be denied or abridged, either by
the national or state governments: -
I. On account of race.
2. On account of color.
3. On account of previous condition of servitude.
It was at first proposed to add two other points,
nativity and religion, but these were stricken out
before the proposed amendment was sanctioned
by Congress.
This amendment was proposed by Congress in
1869, and was declared to be ratified in 1870.
Putting the Constitution into Operation.-
In July, 1788, a committee was appointed by the
Congress to report an act for putting the Consti-
tution into operation. This committee reported
an act which was adopted on the 13th of Sep-
tember, as follows:
"Resolved, that the first Wednesday in January next be
the day of appointing electors in the several states,
which before the said day shall have ratified the
said Constitution; that the first Wednesday in Feb-
ruary next be the day for the electors to assemble
in their respective states, and vote for a President;
and that the first Wednesday in March net be the
time, and the present seat of Congress the place,
for commencing proceedings under the said Consti-
tution."
160
AMENDMENTS TO THE CONSTITUTION.
The first Wednesday in March, 1789, happened
to be the fourth day of the month, and as one
presidential term and two Congresses occupies,
by the Constitution, exactly four years, it follows
that the inauguration of the President is to take
place on the fourth day of March every fourth
year, beginning with 1789.
Washington was elected President by unani-
mous vote. John Adams was declared elected
Vice-President, and the new government went
into operation quietly and with the general sanc-
tion of the people of the country. It is not a
little remarkable that the first President should
have been elected unanimously, and re-elected
unanimously. No President since his day has
received a unanimous vote of all the electors.
AMENDMENTS TO THE CONSTITUTION. 161
;
QUESTIONS, TOPICS, AND SUGGESTIONS FOR
REVIEW.
Designed to recall what has been learned, and to suggest further
thought, reading, and study.
1. When were the first ten amendments adopted?
2. Why are they called a "Bill of Rights"?
3. What is the Eleventh Amendment?
4. Give a brief history of the Twelfth Amendment, and
state its object.
5. Tell the story of the Thirteenth Amendment.
6. Also the Fourteenth.
7. What was the object of the Fifteenth Amendment?
8. What measures were taken by the Congress for putting
the Constitution into operation?
BLACKBOARD OUTLINE.
GENERAL LAWS AFFECTING PERSONS AND PROPERTY.
A Citizen and an Alien.
Crimes and their Punishment.
Rights of Accused Persons.
Procedure in Criminal Cases.
Laws as to Real Estate.
Leases.
Promissory Notes.
Insurance,
Life.
Fire.
Marine.
Insurance Companies,
Stock.
Mutual.
Deeds,
Warranty.
Quitclaim.
Mortgage.
Contracts.
162
CHAPTER VI.
GENERAL LAWS AFFECTING PERSONS AND
PROPERTY.
–
A Citizen and an Alien. A citizen of the
United States is a person born in the United
States, or one who has been naturalized. An
alien is a foreigner; "one born in or belonging to
another country, who has not acquired citizenship
by naturalization; one who is not entitled to the
privileges of a citizen." We have two classes of
citizens: (1) native born citizens, and (2) natural-
ized citizens. In most matters no distinction is
made by law between these classes, but the
national Constitution provides that no one can
be President of the United States unless he be a
natural born citizen. A citizen of the United
States is also a citizen of the state in which he
resides.
Crimes and their Punishment. — A crime is
an offence recognized by law and punishable by
law. The word "crime" has reference to the
law of the country, while the word "sin" is used
in connection with the moral law, or the law of
God. No act can be called a crime unless it is
163
164
GENERAL LAWS.
recognized as such by express terms of the law,
and has a penalty fixed by the law. A criminal
is one who has committed a crime, but, in the
eyes of the law, a person is regarded as innocent
until he has been proved guilty.
Rights of Accused Persons. The United
States Constitution guarantees security to the
people "in their persons, houses, papers, and
effects, against unreasonable searches and seiz-
ures." It also provides that "no warrant shall
issue but upon probable cause," and, except in
capital offences, - that is, crimes subjecting to
the death penalty, the accused shall have the
privilege of bail, and excessive bail shall not be
required." Any person charged with an in-
famous crime shall not be brought to trial ex-
cept he has been "presented" or "indicted" by
the "grand jury."
Any person charged with crime shall have "the
right to a speedy and public trial." He must be
tried by a jury, and the trial must be in the state
and district wherein the crime was committed.
He must "be confronted with the witnesses
against him." He shall "have compulsory pro-
cess for obtaining witnesses in his favor," and he
shall have the assistance of counsel for his de-
fence." He shall not "be compelled to be a
witness against himself." Finally, he shall not
GENERAL LAWS.
165
"be deprived of life, liberty, or property, without
due process of law."
""
The first ten amendments to the United States
Constitution guarantee many rights to citizens.
The various states have similar "bills of rights
in their constitutions. Among these provisions
nothing is more marked than the protection of
accused persons. They shall not "be subject for
the same offence to be twice put in jeopardy of
life or limb," and "no cruel or unusual punish-
ment shall be inflicted."
Procedure in Criminal Cases. The method
of procedure is partially specified in the above
enumeration of the rights of the accused.
1. There must be "probable cause" before the per-
son can be "arrested."
2. He must be "presented or indicted" by the grand
jury.
3. He is remanded to jail, or released on bail, to
await the day set for his trial.
4. He must be tried by a “jury of his peers."
5. The jury either (1) acquits him, i.e. says he is
"not guilty"; or (2) convicts him, i.e. pronounces him
"guilty"; or (3) fails to agree. The verdict returned by
the jury must be unanimous. The law evidently pro-
ceeds on the theory that it were better for a guilty per-
son to escape than that an innocent one should suffer.
If the accused is convicted, he may, in many
cases, "appeal" or demand a new trial. If he is
166
GENERAL LAWS.
acquitted, he cannot be brought again to trial for
the same offence. If the jury fail to agree, he
may
be remanded to await another trial.
<<
Laws as to Real Estate. A title to real
estate is acquired by a "deed" from the former
owner. A deed may be a "warranty deed" or a
quit-claim deed." A warranty deed guarantees
to defend the title to the real estate against all
demands of other claimants. A quit-claim deed
conveys only whatever right or title the person
has. This may be a perfect title, or it may be of
no value whatever.
A "mortgage deed" is a conditional convey-
ance to secure the payment of a debt. It is
usually given as security for money borrowed on
a promissory note. The person giving the deed
is called the "mortgagor," and the person to
whom the deed is given is the "mortgagee." If
the note is not paid at maturity, the mortgagee
can, by due process, proceed to sell the real
estate and apply the money received from its
sale to pay the note, returning any overplus to
the mortgagor. Deeds are valid as against the
person giving them, even if not "recorded," but in
order to be valid against other claimants they
must be recorded in the office of records of real
estate in the municipality or county where the
estate is located.
GENERAL LAWS.
167
Promissory Notes.
A "note of hand," or a
"promissory note," is a written promise to pay, in
accordance with certain conditions, stated therein,
a specified sum of money.
A note may be (1) " on demand" or "on time";
(2) "with interest" or "without interest"; (3) "ne-
gotiable" or "non-negotiable." It may be "en-
dorsed" or "guaranteed." A note "on demand"
is written: “On demand I promise to pay," etc.
A note on time specifies distinctly the time when
it is payable, and it cannot be collected before
that date; as, for example: "Four months after
date, I promise to pay," etc.
A note on interest must have, in the body of
the note, the words "with interest." If this in-
terest is at any special rate, it is so stated, as :
"with interest at five per cent. per annum, pay-
able semi-annually," or "annually," as may be
agreed upon. If the rate is not stated, then it is
understood to be the legal rate of interest in the
state where the note is made. A "negotiable
note" is one having the words "or order," or
"to the order of," inserted with the name of the
payee.
A note is "endorsed" by the payee by writing
his name upon the back of said note. It is
'guaranteed" by another person by writing his
name upon the back of the said note.
((
The en-
168
GENERAL LAWS.
In
dorser and guarantor are made liable for the pay-
ment of the note if the maker fails to pay it.
that case payment of the note must be legally
demanded, and, if not made, the note must be
"protested" and payment demanded of the maker
and endorser or guarantor. The payee of a note
may endorse the same and sell it without becom-
ing liable for its payment, by using the words
without recourse," before his name, in the en-
dorsement."
((
A note may be made payable to "bearer," in
which case no endorsement is needed when the
note is sold. A note may have a specific endorse-
ment, as, for example:-
((
Pay to the order of A—— B———.
A— C' -";
or it may be endorsed in blank, the name alone
being written upon the back of the note. In the
former case it can only be collected by A-
B, or one to whom he may order it paid, over
his own additional endorsement. If endorsed in
blank, the holder, whoever he may be, can collect
it, unless there are suspicions as to his real
ownership, in which case he may possibly be
called upon to show how he came into possession
of the note.
The following is a common form for a promis-
sory negotiable note, on time:-
GENERAL LAWS.
169
0
$ 100.
New York, Sept. 2, 1895.
Ninety days after date, I promise to pay to the order
of Thomas Brown, One Hundred Dollars, with interest.
Value received.
JAMES JAMIESON.
This may be written "promise to pay Thomas
Brown or order." The meaning is the same.
Should a note be lost, public notice should be
given of the fact, the maker notified, and payment
stopped. If at maturity the legal holder of the
note cannot produce it, and payment is refused,
his only recourse is to a court of equity.
Rate of Interest. The several states have ·
each a fixed rate of legal interest. In most states
any rate of interest which is agreed upon in writ-
ing is legal, but if interest is agreed to be paid
and the rate is not fixed, then the legal rate is to
be understood.
Leases. A lease is a written document grant-
ing possession and use of real estate, usually for
a specified time. The sum to be paid, at times
stated in the lease, is called the "rent." The
lease usually contains various provisions in regard
to the amount of rent, times of payment, condi-
tions regulating the use of the premises, restric-
tions upon the same, repairs, alterations, and
other similar. matters. A lease may allow or
prohibit sub-letting the premises. Should the
170
GENERAL LAWS.
property be sold during the time for which the
lease is given, the sale does not affect the rights
of the tenant,
Landlord and Tenant. - Under a lease the
landlord or the "lessee" has his specified rights
and duties, and the same instrument mentions
the rights and duties of the tenant or "lessor."
It is somewhat customary in leasing a house, or
other building, for the lease to oblige the tenant
to keep the interior in good repair, and the land-
lord to care for the exterior.
In case repairs are needed, which the landlord
has agreed in the lease to make, and after due
notice does not make, the tenant can make such
repairs and collect the cost of the same from the
landlord. Upon the expiration of the lease the
tenant must vacate the premises at once, unless
he makes new arrangements with the landlord
for remaining longer in possession.
Insurance. Insurance is of various kinds.
The principal kinds are fire, life, and marine
insurance. Insurance is a distinct business, car-
ried on by large corporations, called Insurance
Companies.
Fire Insurance is conducted in the following
manner. The insurance company issues a policy
to the owner of the property, guaranteeing him
GENERAL LAWS.
171
against loss by fire, under certain stipulated con-
ditions, up to a specified sum. The document
embodying this agreement is called a "Policy."
The owner of the property pays a certain per-
centage of the amount insured, which sum is
called the "Premium." This amount is usually
paid annually, though policies are issued and
premiums paid for three years, five years, and
seven years.
Marine Insurance is of a similar character,
except that the insurance is against loss of the
vessel or cargo at sea, either by fire, shipwreck,
or a public enemy.
Life Insurance is insurance on the life of the
person insured. A policy is issued, the premium
being based upon carefully prepared tables, the
amount varying according to the age of the
insured. The older he is, the larger premium he
is obliged to pay. At the death of the insured
the amount of the insurance is paid to his heirs,
or to whomsoever the policy specifies. This is a
kind of savings bank, in which the assured de-
posits a fixed sum every year, the full amount
agreed upon being paid at his death to his widow,
his children, some creditor, or other person or
persons, as specified in the policy. Unlike the
savings bank, the insurance company agrees to
pay the full sum of the insurance whether the
172
GENERAL LAWS.
amount of premiums paid, with interest, equals
that sum or not. If the person insured should
live many years after taking out a policy of insur-
ance, the company may realize from payments
and interest on the same more than they have to
pay out at his death, while in the case of a man
who dies soon after taking a policy the company
loses. The rate is based upon a system of gen-
eral average.
Stock and Mutual Companies. — In fire, life,
and marine insurance there are stock companies
and mutual companies. In the case of the stock
companies a certain per cent is charged as pre-
mium, and if loss occurs, the company pays the
loss and the contract terminates. With a mutual
company all profits are for the benefit of the
whole body of insured persons, and all losses
are shared by them. Hence, in ordinary times,
when the company secures a profit the surplus is
paid to the insured as a dividend. This dimin-
ishes the cost of the insurance, but in case of a
sweeping conflagration, when the losses of the
company are unusually heavy, an assessment may
be necessary, and each insured person or corpora-
tion has to pay his share of the loss.
The business of insurance in all its forms has
steadily increased during the last century. It
presents many interesting problems, not only
GENERAL LAWS.
173
from a business standpoint, but also from its
social and ethical sides.
Contracts. A contract is a formal agreement
between two or more parties.
In some cases in
be legal and bind-
This writing sets
business a contract, in order to
ing in law, must be in writing.
forth the terms of agreement, and states the obli-
gations of both parties. The general obligation
upon each party to the contract is to do just
what he has promised to do in the contract.
There are cases when exceptions to this rule are
necessary, and when, therefore, the contract is not
binding or valid.
No contract is valid unless made by parties
capable of contracting; no infants or minors, no
persons of unsound mind, or whose faculties are
seriously impaired, can make a contract. Each
party must assent to the contract, and no fraud
or force can be used in obtaining the assent of
either party. There must be two promises in
the contract, or there must be a reason for the
promise made by the one party to the other.
No promise to make a gift or bequest, without a
consideration by the other party, is considered a
contract. When a contract is broken, the remedy
is furnished by the courts of law. The usual
remedy is the awarding of damages to the injured
party.
174
GENERAL LAWS.
Varieties of Contracts. There are many
forms of contract, and many questions of law and
equity are liable to arise in regard to contracts.
Any popular law or business manual will give
much desirable information upon these questions.
A few of the varieties of contracts can be briefly
discussed here.
Marriage is a contract, and falls under the
general rules of contracts. It is more, however,
than a mere contract. Special laws have been
found necessary to carefully regulate the change
of condition resulting from marriage. Parties
too nearly related to each other are not allowed
to marry each other. A definite age is set by
law, and no marriage can take place by parties
either of whom is under age. There are certain
rights and duties imposed upon husband and
wife. The husband must support the wife. In
some states one-third of the real estate goes to the
widow on the death of the husband. Marriage
contracts cannot be brought to an end except by
decree of a court granting a divorce.
When any person acts for a second, with the
latter's consent, the former is said to be an agent,
and the latter the principal. A principal is
bound by all the acts of the agent, unless the
latter exceed the authority granted him. The
agent is bound to use all his efforts to advance
GENERAL LAWS.
175
the interests of the principal, and to observe and
carry out all his instructions. The relations
between principal and agent are those determined
by the contract. In like manner, the relations
between employer and employed are determined
by the contract. The employer agrees to pay a
certain sum of money in return for certain ser-
vices which the employee promises to perform.
When two or more persons form an associa-
tion, contracting to join money, skill, or labor in
any legal business, and to share the profits and
losses in certain proportions, the association is
called a partnership. The general rule is that
the act of one partner binds all the other partners.
The private property of each partner is liable for
the debts incurred by the firm. The contract
may determine the time of partnership.
does not, the partnership can only be dissolved
by the death of a partner, by mutual agreement,
or by a court, because of the misconduct of a
partner. All the relations between the partners
are determined by the contract, called articles of
partnership.
If it
The relations between parents and children
follow similar rules to those determined by con-
tracts. Parents are obliged to provide for the
necessities of the children, until they are of age.
At the same time, parents are entitled to the
176
GENERAL LAWS.
*
services of their minor children, and children are
required to support their parents, if the parents
cannot support themselves. The property be-
longing to a minor child is placed in the care
of a guardian, who is allowed to use a sufficient
amount of the personal property to support and
educate such child. When the child is of age,
the guardian must render an account of all that
he has received and used during his term of
guardianship. All the arrangements for appoint-
ing guardians, etc., are provided in Probate
Courts, which have been treated on pages 50,
51, and 52.
Other forms of contract in common usage are
contract to sell, buy, or exchange; contract to let
or lease; contract for transportation; contract for
insurance; contract between employer and em-
ployed; contract between members of a joint-
stock company; contract between members of a
mutual aid association.
GENERAL LAWS.
177
QUESTIONS, TOPICS, AND SUGGESTIONS FOR
REVIEW.
Designed to recall what has been learned, and to suggest further
thought, reading, and study.
1. Where in this book is the subject of "Naturalization "
discussed?
2. Give the substance of the method of becoming natu-
ralized.
3. Define a "criminal."
""
4. In the courts what cases are called "criminal cases,
and what "civil" cases?
5. What is "capital" crime?
6. In this state, what crimes are "capital" crimes?
7.
Write a definition of a (C
""
warranty" deed, of a quit-
claim" deed, and of a "mortgage" deed.
8. Write a "negotiable" promissory note on time, with
interest, and with an endorsement and a guarantee on the
back of it.
9. What is your opinion of life insurance?
10. Which do you think preferable — to insure your prop-
erty in a "stock" or a "mutual" company?
BLACKBOARD OUTLINE.
{
THE GROWTH OF OUR COUNTRY.
The Treaty of Paris.
Weakness of the Articles of
Confederation.
Purchase of Louisiana.
Purchase of Florida.
Spanish Boundary.
Annexation of Texas.
Mexican Provinces.
Discovery of Gold.
The Oregon Country.
Alaska.
Our Present Condition.
178
CHAPTER VII.
THE GROWTH OF OUR COUNTRY.
THE original thirteen English colonies which
secured their independence by the revolutionary
war, extended from the St. Croix River on the
eastern borders of Maine to the southern boun-
dary of Georgia. The settlements in these colo-
nies were invariably near the sea-coast. At the
beginning of the revolution, but few settlers were
to be found more than a hundred miles from the
Atlantic. These colonies in the main extended
westward to the Alleghany Mountains, but sev-
eral of them claimed, under their grants and
charters from the British crown, westward to the
Mississippi River.
The Treaty of Paris. The treaty of peace
between the new Republic and Great Britain was
negotiated at Paris. The preliminary treaty was
signed in 1782, and the definitive treaty was exe-
cuted the year following. Our commissioners in
the negotiation of this treaty, to whom this coun-
try owes great gratitude for their patriotism and
sagacity, were John Adams, John Jay, and Benja-
min Franklin. In spite of strong opposition
179
180
GROWTH OF OUR COUNTRY.
they succeeded in securing for us the entire terri-
tory as far north as the Great Lakes, and west-
ward to the Mississippi River, and southward to
latitude 31°, the northern limit of Florida. This
immense territory comprised more than eight
hundred thousand square miles, and was from
three to four times as large as France, or Spain,
or Italy.
Weakness of Articles of Confederation.
But the national government was weak and in-
efficient. The Articles of Confederation provided
only for a Congress of delegates from the differ-
ent states sitting as one house only, with no
executive and no judicial department. This Con-
gress had all power in advising and recommend-
ing, but no power to oblige the various States to
perform their requisite duties. In 1787, on the
recommendation of the Congress, a convention
composed of delegates from the several states,
assembled in Philadelphia, and framed the United
States Constitution. This Constitution was sub-
mitted to the several states, and finally adopted
by them all. Washington was unanimously
elected the first President, and the new govern-
ment went into effect on the fourth of March,
1789. The country soon began to rally, business
improved, agriculture flourished, and manufac-
tures increased. The new Republic was now on
GROWTH OF OUR COUNTRY.
181
a strong basis with a vigorous government, and
it entered upon a career of unexampled growth
and prosperity.
Purchase of Louisiana. The extent of terri-
tory remained unchanged until the year 1803.
Three years before this, Napoleon Bonaparte,
then the First Consul of France, had secured
from Spain that territory called the Province of
Louisiana, which extended from the Gulf of Mex-
ico on the south, northward as far as the Lake
of the Woods, and from the Mississippi River
westward to the Rocky Mountains. Early in the
year 1803, Napoleon, finding himself on the eve
of a war with Great Britain, proposed to sell this
immense territory to the United States, in order
to prevent its capture by Great Britain, and to
replenish the treasury of France. In April of
the year just mentioned, the treaty was executed
by Napoleon and his secretary of the treasury,
Barbè Marbois, for the Republic of France, and
Robert R. Livingston and James Monroe for
the United States of America. By this peace-
ful treaty, the entire territory, called the Province
of Louisiana, was conveyed to the United States,
we paying therefor the sum of fifteen million dol-
lars. It was an accession so great that, compris-
ing as it did nine hundred thousand square miles,
it more than doubled our former territory. The
182
GROWTH OF OUR COUNTRY.
result has proved that it was of great importance
to our country.
The Purchase of Florida.
Having obtained
a foothold upon the Gulf of Mexico, our states-
men naturally desired to secure the coast from
the Atlantic to New Orleans. Consequently, in
1819, we negotiated a treaty with Spain by which,
for the sum of five million dollars, she ceded to
us her provinces of East and West Florida. This
treaty completed our title to the territory from
the Atlantic to the Rocky Mountains, and from
the Gulf to the Great Lakes.
Spanish Boundary. The third article of the
Florida treaty related to the boundary line be-
tween the United States and the Spanish prov-
inces of North America. It established this line
as follows:-
Beginning on the Gulf of Mexico at the mouth
of the Sabine River, and following up that river
to a certain point, thence due north, on the line
which is now the boundary line of Texas, to
the Red River; thence up the Red River to lon-
gitude one hundred; thence due north to the
Arkansas River, and up the Arkansas to its
source; thence due north to latitude forty-two,
and westward upon that parallel to the Pacific
Ocean. Spain relinquished all claim to the terri-
GROWTH OF OUR COUNTRY.
183
tory north and east of this line, and the United
States relinquished to her all claim to the territory
west and south of the line. This treaty gave us
a stronger claim to the Oregon country, while we
relinquished to Spain whatever claims we might
have had to Texas.
Annexation of Texas. - Texas declared her-
self independent of Mexico in 1836; and in 1845,
by joint resolution of Congress, ratified by the
government of Texas, she was annexed to the
United States.
Purchase of Mexican Provinces. The war
with Mexico followed; and at the conclusion of
that war, our army being entirely victorious, and
having captured the city of Mexico, a treaty was
made between us and that country by which
Mexico relinquished to us her provinces of New
Mexico and Upper California, for which we paid
the sum of fifteen million dollars.
through General Gadsden, we purchased from
Mexico an additional strip of territory called the
Masilla Valley, south of the Gila River, and now
known as the Gadsden Purchase. For this strip
we paid Mexico the sum of ten million dollars.
In 1853,
The Discovery of Gold. Almost simultane-
ously with the news of the treaty with Mexico
came the report of the discovery of gold in
184
GROWTH OF OUR COUNTRY.
K
California. The "gold fever" spread rapidly
throughout the country, and in 1849 and 1850
thousands of persons flocked from all sections
to the California coast in search of gold.
The state government was organized, and
California was admitted as one of the states of
the Union in 1850.
The Size of these Additions. The annexa-
tion of Texas, with her original boundaries, gave
us about three hundred thousand square miles;
and the purchase of the Mexican provinces gave
us six hundred thousand square miles more, so
that our territory by this means was increased
to the extent of another nine hundred thousand
square miles.
The Oregon Country. - Our title to Oregon
is based upon several claims, as follows:-
1. By right of discovery (Captain Gray in 1792).
2. By exploration (Lewis and Clark in 1805-6).
3. By first settlement (Astoria in 1811).
4. By purchase from France in 1803 of whatever
claim she might have had to the country.
5. By purchase from Spain, in the Florida treaty,
1819, of all her right to this territory north of latitude
forty-two.
6. By treaty with Great Britain in 1846, by which
she yielded to us all her claim to the country south of
latitude forty-nine.
GROWTH OF OUR COUNTRY.
185
+
This country included what to-day is com-
prised in the states of Oregon, Washington, and
Idaho, and embraces about three hundred thou-
sand square miles. Many parts of it are of the
greatest fertility, with a mild and equable climate,
forming in all respects one of the most delightful
countries in the world.
Alaska. In 1867 our government, through
Secretary Seward, negotiated a treaty with the
Russian government by which we obtained the
entire territory of Alaska, comprising, in round
numbers, about six hundred thousand square
miles. We paid for this territory the sum of
seven million two hundred thousand dollars.
This is our latest addition.
In 1898 the Ha-
Our Island Possessions.
waiian Islands were annexed to the United
States by act of Congress and of the Hawaiian
government. In 1899 Spain, by treaty, ceded
to the United States the Philippine Islands,
Porto Rico, and other small islands in the West
Indies, together with Guam, one of the Ladrone
Islands.
Our Present Whole Country. Our country
now embraces about 3,600,000 square miles. Its
eastern limits are the Atlantic Ocean; its west-
ern, the Pacific Ocean; its southern boundary
186
GROWTH OF OUR COUNTRY.
is upon the Gulf of Mexico, and its northern
is the Arctic Ocean. It extends through about
one hundred and thirty degrees of longitude, and
about forty-five degrees of latitude. It may be
considered as embraced in four nearly equal divi-
sions. The first part, being a little less than a
quarter of the whole, includes the original terri-
tory east of the Mississippi River; the second
quarter, of about 900,000 square miles, embraces
the Province of Louisiana; the third quarter con-
sists of the original Texas, about 300,000 square
miles, and the Mexican cessions of about 600,000
more; the fourth quarter includes the Oregon
country, about 300,000 square miles, and Alaska,
about 600,000 more.
Our Present Condition. The entire extent
of our country at the present time is 3,603,884
square miles.
This is divided into forty-five
states, five territories, and one federal district.
The states proper include about 2,800,000 square
miles, and the territories 800,000 square miles.
The aggregate population is not far from 70,000,-
ooo, of which about 69,000,000 are in the states,
and nearly 1,000,000 in the territories, including
the District of Columbia. The densest popula-
tion is in the State of Rhode Island, which
averages about three hundred and twenty per
square mile. If the entire country had a popula-
GROWTH OF OUR COUNTRY.
187
tion as dense as Rhode Island, it would contain
over 1,100,000,000, or about three-fourths of the
present population of the globe. The average
population of the principal countries of Europe
(except Russia) is about two hundred per square
mile. The average for the entire globe is twenty-
six per square mile, while the average for the
whole United States is less than twenty.
QUESTIONS, TOPICS, AND SUGGESTIONS FOR
REVIEW.
Designed to recall what has been learned and to suggest further
thought, reading, and study.
1. What was the original extent of the United States
territory?
2. Describe the Treaty of Paris.
3. Discuss the weakness of the Articles of Confederation.
4. Write a brief account of the purchase of the Province
of Louisiana.
5. When was Florida purchased, of whom, and for what
price?
6. Describe the third article of the Treaty of Florida.
7. Give some account of the annexation of Texas. Of the
purchase of New Mexico and California.
8. Tell something about the discovery of gold in California,
and its effects upon the country.
9. Upon what various grounds did we lay claim to the
Oregon country?
10. When was Alaska purchased; by whom, of whom, at
what price, and what was its extent?
II. Describe the present extent of our whole country: its
aggregate size and its aggregate population.
CHAPTER VIII.
;
RULES OF PROCEDURE FOR DELIBERATIVE
ASSEMBLIES.
SECTION I.
FORMATION OF A SOCIETY.
THIS is a country of majorities. The funda
mental principle of our government is that the
majority vote shall dominate. Deliberative as-
semblies are numerous throughout the land, from
the Senate of the United States to the boys' de-
bating society in the school. Every pupil in the
upper classes of the grammar school should learn
how to transact business in an orderly manner in
an organized meeting.
The Senate of the United States, the National
House of Representatives, the State Senate and
House, the town meeting, the agricultural and
the historical society, the county convention, the
village lyceum, all are governed by "Rules of
Order." The rules of the Senate are fixed and
well known. The rules of the House are adopted
by each Congress.
188
RULES OF PROCEDURE.
189
Cushing's Manual," "Jefferson's Manual," and
Barclay's "Digest of the Rules and Practice of
the House of Representatives, U. S.," are well-
known treatises on "Rules of Procedure."
Let us suppose that the pupils of a certain
school are about to form a debating society.
The proper method would be for a number of
persons interested in the matter to sign and post
in the school-house a call for a meeting to organ-
ize such a society. Notice might, however, be
given in some other manner; for example, at the
request of several pupils, the teacher could give
notice that all persons interested in effecting such
an organization are requested to meet at such a
time and place. If a written notice were posted,
then the time having arrived, and the company
being assembled, some one who had signed the
call should call the meeting to order. Then the
call may be read. Next a chairman should be
chosen, on nomination, and a majority vote. A
majority vote means a majority of all votes cast.
A plurality means a larger number than any other
one candidate has received. Blank ballots are not
votes, and should not be counted as such. The
chairman, being elected, takes the chair, and calls
for the nomination of a secretary. When the sec-
retary is elected, the meeting is duly “organized."
It would then be proper to call for the appoint-
190
RULES OF PROCEDURE.
ment of a committee to draft a "Constitution.
and "By-Laws." The meeting might then ad-
journ to a certain time and place, or to the call
of the chairman, or to the call of the committee.
Report of the Committee. At the next meet-
ing the "Committee on Constitution" reports a
draft for constitution and by-laws, which, after
discussion and amendments, may be adopted.
Form of a Constitution. The following will
indicate the ordinary form of a constitution. Of
course every constitution will have some dis-
tinguishing features differing from every other
one.
CONSTITUTION OF THE CHICKATAWBUT
DEBATING CLUB.
ARTICLE I.
NAME.
THE name of this organization shall be the Chickataw-
but Debating Club.
ARTICLE II.
OBJECT.
The object of the club shall be to improve its mem-
bers in the art of public speaking and conducting affairs
in a deliberative assembly.
RULES OF PROCEDURE.
191
ARTICLE III.
MEMBERS.
SECTION I. Membership in this club is confined
exclusively to the members of the senior class in the
1
Grammar School, in the town (or city) of —————— ¹
SECTION 2. Any member of said class in said school
desiring to become a member of this club, should make
application to the Executive Committee, and, being
recommended by said committee, and receiving a two-
thirds vote of the members of the club present at any
regular meeting shall be constituted a member by sign-
ing the constitution.
ARTICLE IV.
OFFICERS.
SECTION I. The officers of the club shall consist of a
President, a Vice-President, a Secretary, a Treasurer,
and an Executive Committee, composed of the above-
named officers and three other members.
SECTION 2. All officers shall be elected by ballot at
the first meeting of each school year.
SECTION 3. The Executive Committee shall have the
general management of the affairs of the club.
SECTION 4. It shall be the duty of the President,
Vice-President, Secretary, and Treasurer faithfully to
discharge the duties usually required of such officers in
an association of this character. The President shall
be chairman of the Executive Committee.
1 This draft of a constitution is designed to fit a large graded grammar
school. For a high school, or an ungraded school, the necessary changes
from this form will readily suggest themselves to suit the particular
school.
192
RULES OF PROCEDURE.
The Secretary shall give notice of the regular meet-
ings, and of any special meetings called by the Presi-
dent, by posting upon the bulletin board in the school-
house a written notice at least twenty-four hours prior
to the time for said meeting.
ARTICLE V.
FINANCE.
SECTION I. The annual membership fee shall be
which shall be payable at the first meeting in each
school year.
SECTION 2. Any member who shall not have paid
his dues on or before the first regular meeting in De-
cember shall be notified by the treasurer that unless
such dues are paid by the date of the first meeting in
January his name shall be dropped from the member-
ship of the club.
SECTION 3. No bills shall be paid by the treasurer
till they are audited by the president.¹
ARTICLE VI.
MEETINGS.
SECTION I. The regular meetings of this club shall
be on the second and fourth Friday evenings of each
month, during term time.
SECTION 2. Special meetings may be called by the
president, and he shall call a special meeting at the
request in writing of three members of the club.
1 In societies where the treasurer handles large sums of money, it is
common to have an auditor, as a special officer of the society.
RULES OF PROCEDURE.
193
ARTICLE VII.
AMENDMENTS.
This constitution may be altered or amended by a
two-thirds vote of the members present at any regular
meeting of the club, notice of such alteration or amend-
ment having been given in writing at a previous regular
meeting.
The above will serve as a model by which the
pupils in any school may frame a constitution to
suit their own wants.
When the constitution has been reported by
the committee, it should be read throughout, and
then discussed article by article. When each
article has been duly considered, and such amend-
ments as might be proposed have been adopted
or rejected, the article should be adopted, and
then the next, and so on, until the entire consti-
tution has been adopted by articles. It should
then be adopted as a whole.
-
Election of Officers. After the adoption of
the constitution, the first business in order will
be the election of officers. As each officer is
elected, he replaces the temporary one, and when
they are all elected the organization is completed.
In most cases the constitution provides some
form for the admission of members. It is quite
common for associations to require that each
member shall sign his name to the constitution.
194
RULES OF PROCEDURE.
SECTION II.
OFFICERS AND THEIR DUTIES.
Chairman or President. It is the duty of
the Chairman to call the meeting to order at the
appointed time, to preside at all the meetings, to
announce the business before the assembly in its
proper order, to state and put all questions prop-
erly brought before the assembly, to preserve
order and decorum, and to decide all questions of
order (subject to an appeal). When he "puts a
question" to vote, and when speaking upon an
appeal, he should stand; in all other cases he can
sit. In all cases where his vote would affect the
result, or where the vote is by ballot, he can vote.
When a member rises to speak, he should say,
Mr. Chairman," and the Chairman should reply,
Mr. A." He should not interrupt a speaker
so long as he is in order, but should listen to his
speech, which should be addressed to him and
not to the assembly. The Chairman should be
careful to abstain from the appearance of par-
tisanship, but he has the right to call another
member to the chair while he addresses the
assembly on a question; but when speaking to
a question of order he does not leave the chair.
CC
((
The Clerk, Secretary, or Recording Secretary,
as he is variously called, should keep a record of
RULES OF PROCEDURE.
195
the proceedings of the convention, society, or as-
sociation, whose officer he is. It is not his duty
to record discussions, but only the resolutions,
motions, orders, or whatever the action of the soci-
ety may be called.
He should record every vote,
stating whether the motion or resolution which
had been offered was adopted or rejected.
It is sometimes customary in the records to
say that the question was discussed by Messrs.
A., B., and C. in the affirmative, and D., E., and
F. in the negative.
It is necessary for an inexperienced secretary
to keep constantly in mind in making his records
the fact that he is to record not what was said
but what was done. Above all, he should never
make in his minutes any criticism, favorable or
unfavorable, upon anything that was said or done
in the meeting.
The Form of the Minutes can be as follows:
"The regular meeting of the Chickatawbut Club was
held in the school-room, on Friday evening, May 9, 1890.
The president was in the chair, and in the absence of
the secretary, Mr. A. was chosen secretary pro tem.
The minutes of the previous meeting were read and
approved. The following persons were admitted by
vote as members of the club, Messrs.. A. B., C. D.,
E. F., and Misses G. H., I. J., and K. L.”
196
RULES OF PROCEDURE.
The question for the evening was the follow
ing:-
“Resolved, That the explorations of Henry M. Stan-
ley will prove of greater value to the world than the
Arctic voyages of Dr. Kane.
"The disputants upon the affirmative were Messrs.
M. N., O. P., and R. S., and in the negative Mr. T. U.,
and Misses V. W., and X. Y.
'The question was decided by a large majority in the
affirmative.
"At five minutes before nine o'clock the club ad-
journed.
“S▬▬▬▬▬E▬▬▬▬▬ C, Secretary."
The constitution, and, if there are any, the by-
laws, rules of order, and standing rules should be
written in a book with blank pages, writing only
on the right-hand page. The left-hand page
should be left blank, on which amendments to the
articles opposite may be entered, if there should
be any.
Each amendment should have recorded
with it a reference to the date and page of the
minutes where the action of the society adopting
such amendment is recorded. It is customary to
insert the constitution, etc., in the first part of
the society's book, after which would be recorded
the names of the members. Following these
names the page can be used for the record of the
minutes of the society.
RULES OF PROCEDURE.
197
Treasurer. It is the duty of this officer to
collect and hold the funds belonging to the
society, and to pay out money on the order of
the proper officer.
The treasurer should make a report annually
to the society, which report should contain a
statement of the amount of money on hand at the
beginning of the year and amount received dur-
ing the year, including the sources through which
the money has come; and a statement in brief of
the amount of money paid out by order of the
society and the balance on hand at the end of the
year. This report is usually referred to an audit-
ing committee, consisting of one or more persons,
whose duty it is to examine the treasurer's books
and vouchers, and make a certificate as to the
correctness of his report. The form of auditor's
report is usually something like the following:-
R-
"I hereby certify that I have examined the accounts
and vouchers of the above report of T————— R—————————, the
treasurer of the Chickatawbut Club, and find them cor-
rect, and that the balance on hand is," etc., stating the
amount on hand.
It is usual after the auditor's report has been
read to accept the treasurer's report.
Committees. - In small societies there is less
need of committees, but in permanent organiza-
tions, like the National or State Senate or House,
198
RULES OF PROCEDURE.
Common Council in a city, or school committee,
nearly all matters of business should be referred
to appropriate committees. These sub-commit-
tees examine the matters referred to them and
report to the entire body. When a committee
thus reports, it is usual for the body to accept its
report, and unless special objections appear, to
adopt its recommendations.
The first-named member of a committee is
usually its chairman. It is his duty to call the
committee together and to preside at their meet-
ings. If he is absent it is customary for the next
member in order to preside. A majority of a
committee should constitute a quorum. The
committee should not act unless a quorum be
present. The committee may make a majority
and minority report if the members do not agree.
When a majority and a minority report have
been presented to a body, it is competent for any
member to move the acceptance of the majority
report. It is proper for some other member to
move to substitute the minority for the majority
report. The minority report cannot be acted
upon except by such motion to substitute it for
the majority. When the committee's report has
been read and accepted, the committee is dis-
charged, without further motion, unless their
report be a report of progress.
RULES OF PROCEDURE.
199
SECTION III.
TRANSACTION OF BUSINESS.
Every order, resolution, or motion to be sub-
mitted to a deliberative assembly should be in
writing, and having been read should be handed
to the president.
The following will illustrate the form of a reso-
lution:
"Resolved. That the thanks of the Chickatawbut
Club are hereby tendered to the principal of our school,
Mr. A. B., for his timely, interesting, and useful address,
to which we have just listened."
The person desirous of offering this resolution
should rise from his seat and address the chair-
man by his title, thus "Mr. President," or " Mr.
Chairman," who immediately recognizes him and
announces his name. He, then, having the floor,
says "I move the adoption of the following reso-
lution," which he reads and hands to the chair-
man. Some one else seconds the motion, and the
chairman says, "It has been moved and seconded
that the following resolution be adopted."
then reads the resolution, and, says, " Are there any
remarks upon the resolution?" Here will follow
a discussion of the resolution pro and con, if the
members should be so disposed. If no one rises
He
200
RULES OF PROCEDURE.
to speak when the question is thrown open for
discussion, or it having been discussed and the
president thinks the debate is closed, he says,
"Are you ready for the question?" If no one
rises to speak, he puts the question in a form
similar to the following: "The question is upon
the adoption of the resolution which you have
heard read. Those of you who are in favor of
adopting this resolution will manifest it by saying
Aye'; those contrary minded, 'No.' It is a vote,
and the resolution is adopted." If the majority
vote in the negative, the chairman will state that
the resolution is lost. If he is in doubt, he will
say, "The chair is in doubt, those in favor of the
adoption of the resolution will rise and stand
until counted." The president or the secretary
makes the count. Those opposed will rise."
The chairman announces the result.
A debating society like the one proposed above
will prove of great service to young persons at
school. They will not only improve themselves
in the ability to speak before others, and present
their thoughts in a clear and forcible manner, but
they will rapidly improve their power to think
upon any question which may be presented to
their minds for consideration. Not the least
advantage will be found to consist in their be-
coming familiar with proper methods of transact-
RULES OF PROCEDURE.
201
ing business in a deliberative assembly. Every
such young person should familiarize himself with
all points connected with rules of order, and such
persons are specially advised to make themselves
familiar with some one or more of the books
heretofore recommended on this subject.
QUESTIONS, TOPICS, AND SUGGESTIONS FOR
REVIEW.
Designed to recall what has been learned and to suggest further
thought, reading, and study.
1. Why is this a country of " Majorities "?
2. Describe the method of forming a society.
3. What are the essential officers ?
4. Method of electing officers.
5. Duties of President.
6. Duties of Secretary.
7. Duties of Treasurer.
8. Why have an Auditor?
9. Write a form for auditing the Treasurer's annual report.
10. Write a form of "Minutes " of a meeting.
11. Write a "Resolution," extending the thanks of the
society for a lecture.
APPENDIX.
THE 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 Wel-
fare, and secure the Blessings of Liberty to ourselves and our
Posterity, do ordain and establish this CONSTITUTION for the
United States of America.
ARTICLE. I.
SECTION. 1. 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. 2. [¹The House of Representatives shall be com-
posed of Members chosen every second year by the People of
the several States, and the Electors in each State shall have
the Qualifications requisite for Electors of the most numerous
Branch of the State Legislature.
[2] No person shall be a Representative who shall not have
attained to the Age of twenty five years, and been seven Years
[NOTE. The small figures in brackets are not in the original, but
have been added subsequently, to mark the different clauses in a section.
In reprinting the constitution here, the spelling, punctuation, and capitali-
zation of the original have been preserved.]
202
CONSTITUTION OF THE UNITED STATES. 203
a Citizen of the United States, and who shall not, when
elected, be an Inhabitant of that State in which he shall be
chosen.
[8] Representatives and direct Taxes shall be apportioned
among the several States which may be included within this
Union, according to their respective Numbers, which shall be
determined by adding to the whole Number of free Persons,
including those bound to Service for a Term of Years, and
excluding Indians not taxed, three fifths of all other Persons.
The actual Enumeration shall be made within three Years after
the first Meeting of the Congress of the United States, and
within every subsequent Term of ten Years, in such Manner as
they shall by Law direct. The Number of Representatives
shall not exceed one for every thirty Thousand, but each State
shall have at Least one Representative; and until such enum-
eration shall be made, the State of New Hampshire shall be
entitled to chuse three, Massachusetts eight, Rhode-Island and
Providence Plantations one, Connecticut five, New-York six,
New Jersey four, Pennsylvania eight, Delaware one, Maryland
six, Virginia ten, North Carolina five, South Carolina five, and
Georgia three.
[4] When vacancies happen in the Representation from any
State, the Executive Authority thereof shall issue Writs of Elec-
tion to fill such Vacancies.
[5] The House of Representatives shall chuse their Speaker
and other officers; and shall have the sole Power of Impeach-
ment.
SECTION. 3.
The Senate of the United States shall be
composed of two Senators from each State, chosen by the
Legislature thereof, for six Years; and each Senator shall have
one Vote.
[2] Immediately after they shall be assembled in Consequence
of the first Election, they shall be divided as equally as may be
into three Classes. The Seats of the Senators of the first Class
204
CONSTITUTION OF THE UNITED STATES.
shall be vacated at the Expiration of the second Year, of the
second Class at the Expiration of the fourth Year, and of the
third class at the Expiration of the sixth Year, so that one-third
may be chosen every second Year; and if Vacancies happen
by Resignation, or otherwise, during the Recess of the Legis-
lature of any State, the Executive thereof may make temporary
Appointments until the next Meeting of the Legislature, which
shall then fill such Vacancies.
[3] No person shall be a Senator who shall not have attained
to the Age of thirty Years, and been nine Years a Citizen o
the United States, and who shall not, when elected, be an In-
habitant of that State for which he shall be chosen.
[4] The Vice President of the United States shall be President
of the Senate, but shall have no Vote, unless they be equally
divided.
[5] The Senate shall chuse their other Officers, and also a
President pro tempore, in the Absence of the Vice President,
or when he shall exercise the Office of President of the United
States.
[6] The Senate shall have the sole Power to try all Impeach-
ments. When sitting for that Purpose, they shall be on Oath
or Affirmation. When the President of the United States is
tried, the Chief Justice shall preside: And no Person shall be
convicted without the Concurrence of two thirds of the Mem-
bers present.
[Judgment in Cases of Impeachment shall not extend fur-
ther than to removal from Office, and Disqualification to hold
and enjoy any Office of honour, Trust or Profit under the
United States but the Party convicted shall nevertheless be
liable and subject to Indictment, Trial, Judgment and Punish-
ment, according to Law.
SECTION. 4. 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
CONSTITUTION OF THE UNITED STATES. 205
at any time by Law make or alter such Regulations, except as
to the places of chusing Senators.
[2] The Congress shall assemble at least once in every Year,
and such Meeting shall be on the first Monday in December,
unless they shall by Law appoint a different Day.
SECTION. 5.
[1] Each House shall be the Judge of the Elec-
tions, Returns and Qualifications of its own Members, and a
Majority of each shall constitute a Quorum to do Business; but
a smaller Number may adjourn from day to day, and may be
authorized to compel the Attendance of absent Members, in
such Manner, and under such Penalties as each House may
provide.
[2] Each House may determine the Rules of its Proceed-
ings, punish its Members for disorderly Behaviour, and, with
the Concurrence of two thirds, expel a Member.
[3] Each House shall keep a Journal of its Proceedings, and
from time to time publish the same, excepting such Parts as
may in their Judgment require Secrecy; and the Yeas and
Nays of the Members of either House on any question shall,
at the Desire of one fifth of those Present, be entered on the
Journal.
[4] Neither House, during the Session of Congress, shall,
without the Consent of the other, adjourn for more than three
days, nor to any other Place than that in which the two Houses
shall be sitting.
SECTION. 6. 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.
206
CONSTITUTION OF THE UNITED STATES.
[2] No Senator or Representative shall, during the Time for
which he was elected, be appointed to any civil Office under
the Authority of the United States, which shall have been
created, or the Emoluments whereof shall have been encreased
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. 7. All Bills for raising Revenue shall originate in
the House of Representatives; but the Senate may propose or
concur with Amendments as on other Bills.
[2] Every Bill which shall have passed the House of Repre-
sentatives and the Senate, shall, before it become a Law, be
presented to the President of the United States; If he approve
he shall sign it, but if not he shall return it, with his Objections
to that House in which it shall have originated, who shall enter
the Objections at large on their Journal, and proceed to recon-
sider it. If after such Reconsideration two thirds of that
House shall agree to pass the Bill, it shall be sent, together
with the Objections, to the other House, by which it shall like-
wise be reconsidered, and if approved by two thirds of that
House, it shall become a Law. But in all such cases the Votes
of both Houses shall be determined by yeas and Nays, and the
Names of the Persons voting for and against the Bill shall be
entered on the Journal of each House respectively. If any
Bill shall not be returned by the President within ten Days
(Sundays excepted) after it shall have been presented to him,
the same shall be a law, in like Manner as if he had signed it,
unless the Congress by their Adjournment prevent its Return,
in which Case it shall not be a Law.
[3] Every Order, Resolution, or Vote to which the Concur-
rence 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
CONSTITUTION OF THE UNITED STATES. 207
disapproved by him, shall be repassed by two thirds of the
Senate and House of Representatives, according to the Rules
and Limitations prescribed in the Case of a Bill.
SECTION. 8. The Congress shall have Power
To lay and collect Taxes, Duties, Imposts and Excises, to
pay the Debts and provide for the common Defence and gen-
eral 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 uni-
form 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 exclu-
sive Right to their respective Writings and Discoveries;
[9] To constitute Tribunals inferior to the supreme Court;
[10] To define and punish Piracies and Felonies committed on
the high Seas, and Offences against the Law of Nations;
[1] To declare War, grant letters of Marque and Reprisal,
and make Rules concerning Captures on Land and Water;
[12] To raise and support Armies, but no Appropriation of
Money to that Use shall be for a longer Term than two Years ;
[13] To provide and maintain a Navy ;
[14] To make Rules for 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;
208 CONSTITUTION OF THE UNITED STATES.
[16] To provide for organizing, arming, and disciplining, the
Militia, and for governing such Part of them as may be em-
ployed in the Service of the United States, reserving to the
States respectively, the Appointment of the Officers, and the
Authority of training the Militia according to the Discipline
prescribed by Congress ;
[17] To exercise exclusive Legislation in all Cases whatsoever,
over such District (not exceeding ten Miles square) as may,
by Cession of particular States, and the Acceptance of Con-
gress, become the Seat of the Government of the United
States, and to exercise like Authority over all Places purchased
by the Consent of the Legislature of the State in which the
Same shall be, for the Erection of Forts, Magazines, Arsenals,
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 Officer thereof.
SECTION. 9. The Migration or Importation of such Persons
as any of the States now existing shall think proper to admit,
shall not be prohibited by the Congress prior to the Year one
thousand eight hundred and eight, but a Tax or Duty may be
imposed on such Importation, not exceeding ten dollars for
each Person.
[2] The Privilege of the Writ of Habeas Corpus shall not be
suspended, unless when in Cases of Rebellion or Invasion the
public Safety may require it.
[3] 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.
[6] No Preference shall be given by any Regulation of Com-
CONSTITUTION OF THE UNITED STATES.
209
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.
[7] No Money shall be drawn from the Treasury, but in Con-
sequence of Appropriations made by Law; and a regular State-
ment and Account of the Receipts and Expenditures of all
public Money shall be published from time to time.
[8] No Title of Nobility shall be granted by the United States :
And no Person holding any Office of Profit or Trust under
them, shall, without the Consent of the Congress, accept of
any present, Emolument, Office, or Title, of any kind what-
ever, from any King, Prince, or foreign State.
SECTION. 10. [1] No State shall enter into any Treaty, Alliance,
or Confederation; grant Letters of Marque and Reprisal; coin
Money; emit Bills of Credit; make any Thing but gold and
silver Coin a Tender in Payment of Debts; pass any Bill of
Attainder, ex post facto Law, or Law impairing the Obligation
of Contracts, or grant any Title of Nobility.
[2] No State shall, without the consent of the Congress, lay
any Imposts or Duties on Imports or Exports, except what
may be absolutely necessary for executing it's inspection Laws:
and the net Produce of all Duties and Imposts, laid by any
State on Imports or Exports, shall be for the Use of the
Treasury of the United States; and all such Laws shall be sub-
ject to the Revision and Controul of the Congress.
[3] No State shall, without the Consent of Congress, lay any
Duty of Tonnage, keep Troops, or Ships of War in time of
Peace, enter into any Agreement or Compact with another
State, or with a foreign Power, or engage in War, unless actually
invaded, or in such imminent Danger as will not admit of
Delay.
ARTICLE. II.
[1]
SECTION. 1. The executive Power shall be vested in a
President of the United States of America. He shall hold his
210
CONSTITUTION OF THE UNITED STATES.
Office during the Term of four Years, and, together with the
Vice President, chosen for the same Term, be elected, as fol-
lows
[2] Each State shall appoint, in such Manner as the Legisla-
ture thereof may direct, a Number of Electors, equal to the
whole Number of Senators and Representatives to which the
State may be entitled in the Congress: but no Senator or Rep-
resentative, 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 Inhabitant of the same State with themselves. And
they shall make a List of all the Persons voted for, and of the
Number of Votes for each; which List they shall sign and cer-
tify, and transmit sealed to the Seat of the Government of the
United States, directed to the President of the Senate. The
President of the Senate shall, in the Presence of the Senate and
House of Representatives, open all the Certificates, and the
Votes shall then be counted. The Person having the greatest
Number of Votes shall be the President, if such Number be a
Majority of the whole Number of Electors appointed; and if
there be more than one who have such Majority and have an
equal number of Votes, then the House of Representatives shall
immediately chuse 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 chuse the President.
But in chusing 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 Mem-
bers from two thirds of the States, and a Majority of all the
States shall be necessary to a choice. In every Case, after the
Choice of the President, the Person having the greatest Number
* This clause has been superseded by the 12th amendment, on page 80.
CONSTITUTION OF THE UNITED STATES. 211
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 chuse from them by Ballot the Vice President.
[4] The Congress may determine the Time of chusing the
Electors, and the Day on which they shall give their Votes;
which Day shall be the same throughout the United States.
[5] No Person except a natural born Citizen, or a Citizen of
the United States, at the time of the Adoption of this Constitu-
tion, 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 Resi-
dent within the United States.
[6] In Case of the Removal of the President from Office, or
of his Death, Resignation, or Inability to discharge the Powers
and Duties of the said office, the same shall devolve on the
Vice President, and the Congress may by Law provide for the
Case of Removal, Death, Resignation, or 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 ser-
vices, a Compensation, which shall neither be encreased 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 :-
"I do solemnly swear (or affirm) that I will faithfully exe-
"cute the Office of President of the United States, and will to
"the best of my Ability, preserve, protect and defend the Con-
"stitution of the United States."
SECTION. 2. 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
212
CONSTITUTION OF THE UNITED STATES.
United States; he may require the Opinion, in writing, of the
principal Officer in each of the executive Departments, upon
any Subject relating to the Duties of their respective Offices,
and he shall have Power to grant Reprieves and Pardons for
Offences against the United States, except in Cases of Impeach-
ment.
[2] He shall have Power, by and with the Advice and Con-
sent of the Senate, to make Treaties, provided two thirds of the
Senators present concur; and he shall nominate, and by and
with the Advice and Consent of the Senate, shall appoint Am-
bassadors, 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 Com-
missions which shall expire at the End of their next Session.
SECTION. 3. He shall from time to time give to the Congress.
Information of the State of the Union, and recommend to their
Consideration such Measures as he shall judge necessary and
expedient; he may, on extraordinary Occasions, convene both
Houses, or either of them, and in Case of Disagreement be-
tween them, with Respect to the time of Adjournment, he may
adjourn them to such Time as he shall think proper; he shall
receive Ambassadors and other public Ministers; he shall take
Care that the Laws be faithfully executed, and shall Commis-
sion all the officers of the United States.
SECTION. 4. The President, Vice President and all civil Offi-
cers of the United States, shall be removed from Office on Im-
peachment for, and Conviction of, Treason, Bribery, or other
high Crimes and Misdemeanors.
CONSTITUTION OF THE UNITED STATES. 213
ARTICLE. III.
SECTION. I. The Judicial Power of the United States, shall
be vested in one supreme Court, and in such inferior Courts as
the Congress may from time to time ordain and establish. The
Judges, both of the supreme and inferior Courts, shall hold
their Offices during good Behavior, and shall, at stated Times,
receive for their Services, a Compensation which shall not be
diminished during their Continuance in Office.
SECTION. 2. 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 Ambassa-
dors, other public Ministers and Consuls; - to all Cases of ad-
miralty 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 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.
[2] In all Cases affecting Ambassadors, other public Ministers.
and Consuls, and those in which a State shall be Party, the
surpreme Court shall have original Jurisdiction. In all the
other Cases before mentioned, the supreme Court shall have
appellate Jurisdiction, both as to Law and Fact, with such Ex-
ceptions, and under such Regulations as the Congress shall
make.
[3] The Trial of all Crimes, except in Cases of Impeachment,
shall be by Jury; and such Trial shall be held in the State
where the said Crimes shall have been committed; but when
not committed within any State, the Trial shall be at such Place
or Places as the Congress may by Law have directed.
SECTION. 3. [1] Treason against the United States, shall con-
214
CONSTITUTION OF THE UNITED STATES.
sist only in levying War against them, or in adhering to their
Enemies, giving them Aid and Comfort. No Person shall
be convicted of Treason unless on the Testimony of two
Witnesses to the same overt Act, or on Confession in open
Court.
[2] The Congress shall have Power to declare the Punishment
of Treason, but no Attainder of Treason shall work Corruption
of Blood, or Forfeiture except during the Life of the Person
attainted.
ARTICLE. IV.
SECTION. 1. Full Faith and Credit shall be given in each
State to the public Acts, Records, and judicial Proceedings of
every other State. And the Congress may by general Laws
prescribe the Manner in which such Acts, Records, and Pro-
ceedings shall be proved, and the Effect thereof.
SECTION. 2. The Citizens of each State shall be entitled to
all Privileges and Immunities of Citizens in the several States.
[2] A Person charged in any State with Treason, Felony, or
other Crime, who shall flee from Justice, and be found in another
State, shall on Demand of the executive Authority of the State
from which he fled, be delivered up, to be removed to the State
having Jurisdiction of the Crime.
[3] No Person held to Service or Labour in one State, under
the Laws thereof, escaping into another, shall, in Consequence
of any Law or Regulation therein, be discharged from such Ser-
vice or Labour, but shall be delivered up on Claim of the Party
to whom such Service or Labour may be due.
SECTION. 3. [1] New States may be admitted by the Congress
into this Union; but no new State shall be formed or erected
within the Jurisdiction of any other State; nor any State be
formed by the Junction of two or more States, or Parts of States,
without the Consent of the Legislatures of the States concerned
as well as of the Congress.
[2] The Congress shall have Power to dispose of and make all
CONSTITUTION OF THE UNITED STATES. 215
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 Claims
of the United States, or of any particular State.
SECTION. 4. The United States shall guarantee to every State
in this Union a Republican Form of Government, and shall pro-
tect each of them against Invasion, and on Application of the
Legislature, or of the Executive (when the Legislature cannot
be convened) against domestic Violence.
ARTICLE. V.
The Congress, whenever two thirds of both Houses shall deem
it necessary, shall propose Amendments to this Constitution, or,
on the Application of the Legislatures of two thirds of the sev-
eral 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 proposed by the Congress; Provided that no Amend-
ment which may be made prior to the Year one thousand eight
hundred and eight shall in any Manner affect the first and fourth
Clauses in the Ninth Section of the first Article; and that no
State, without its Consent, shall be deprived of its equal Suffrage
in the Senate.
ARTICLE. VI.
[1] All Debts contracted and Engagements entered into, before
the Adoption of this Constitution, shall be as valid against the
United States under this Constitution, as under the Confeder-
ation.
[2] This Constitution, and the Laws of the United States which
shall be made in Pursuance thereof; and all Treaties made, or
which shall be made, under the authority of the United States,
shall be the supreme Law of the Land; and the Judges in every
216
CONSTITUTION OF THE UNITED STATES.
State shall be bound thereby, any Thing 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 sev-
eral States, shall be bound by Oath or Affirmation, to support
this Constitution; but no religious Test shall ever be required
as a Qualification to any Office or public Trust under the United
States.
ARTICLE. VII.
The Ratification of the Conventions of nine States, shall be
sufficient for the Establishment of this Constitution between the
States so ratifying the Same.
DONE in Convention by the Unanimous Consent of the States
present the Seventeenth Day of September in the Year of
our Lord one thousand seven hundred and Eighty seven
and of the Independence of the United States of America
the Twelfth. In Witness whereof We have hereunto
subscribed our Names,
G° WASHINGTON
Presidt and deputy from Virginia
NEW HAMPSHIRE.
JOHN LANGDON
NICHOLAS GILMAN
NATHANIEL GORHAM
MASSACHUSETTS.
RUFUS KING
WM SAML JOHNSON
ALEXANDER HAMILTON
WIL LIVINGSTON
WM PATERSON
CONNECTICUT.
ROGER SHERMAN
NEW YORK.
NEW JERSEY.
DAVID BREARLEY
JONA DAYTON
AMENDMENTS TO THE CONSTITUTION. 217
B FRANKLIN
ROBT MORRIS
THO FITZSIMONS
JAMES WILSON
GEO READ
JOHN DICKINSON
JACO BROOM
JAMES M'HENRY
DANL CARROLL
JOHN BLAIR
PENNSYLVANIA.
THOMAS MIFFLIN
GEO CLYMER
JARED INGERSOLL
GOUV MORRIS
DELAWARE.
GUNNING BEDFORD, Jun'r
RICHARD BASSETT
MARYLAND.
DAN OF ST THOS JENIFER
VIRGINIA.
JAMES MADISON, Jr
NORTH CAROLINA.
WM BLOUNT
RICH'D DOBBS SPAIGHT
HU WILLIAMSON
SOUTH CAROLINA.
J RUTLEDGE
CHARLES PINCKNEY
CHARLES COTESWORTH PINCKNEY
PIERCE BUTLER
WILLIAM FEW
Attest:
GEORGIA.
ABR BALDWIN
WILLIAM JACKSON, Secretary.
ARTICLES IN ADDITION TO, AND AMENDMENT OF, THE
CONSTITUTION OF THE UNITED STATES Of America,
Proposed by Congress, and ratified by the Legislatures of the
several States, pursuant to the fifth article of the original
Constitution.
(ARTICLE I.)
Congress shall make no law respecting an establishment of
religion, or prohibiting the free exercise thereof; or abridging
218
AMENDMENTS TO THE CONSTITUTION.
the freedom of speech, or of the press; or the right of the peo-
ple peaceably to assemble, and to petition the Government for a
redress of grievances.
(ARTICLE II.)
A well regulated Militia, being necessary to the security of a
free State, the right of the people to keep and bear Arms, shall
not be infringed.
(ARTICLE III.)
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.
(ARTICLE IV.)
The right of the people to be secure in their persons, houses,
papers, and effects, against unreasonable searches and seizures,
shall not be violated, and no Warrants shall issue, but upon prob-
able cause, supported by Oath or affirmation, and particularly
describing the place to be searched, and the persons or things
to be seized.
(ARTICLE V.)
No person shall be held to answer for a capital, or otherwise
infamous crime, unless on a presentment or indictment of a
Grand Jury, except in cases arising in the land or naval forces,
or in the Militia, when in actual service in time of War or pub-
lic danger; nor shall any person be subject for the same offence
to be twice put in jeopardy of life or limb; nor shall be com-
pelled in any Criminal Case to be a witness against himself, nor
be deprived of life, liberty, or property, without due process of
law; nor shall private property be taken for public use, without
just compensation.
(ARTICLE VI.)
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
AMENDMENTS TO THE CONSTITUTION.
219
district shall have been previously ascertained by law, and to be
informed of the nature and cause of the accusation; to be con-
fronted with the witnesses against him; to have Compulsory
process for obtaining Witnesses in his favour, 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 pre-
served, and no fact tried by a jury shall be otherwise re-examined
in any Court of the United States, than according to the rules of
the common law.
(ARTICLE VIII.)
Excessive bail shall not be required, nor excessive fines im-
posed, 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 Con-
stitution, nor prohibited by it to the States, are reserved to the
States respectively, or to the people.
(ARTICLE XI.)
The Judicial power of the United States shall not be con-
strued to extend to any suit in law or equity, commenced or
prosecuted against one of the United States by 'Citizens of an-
other State, or by Citizens or Subjects of any Foreign State.
(ARTICLE XII.)
The Electors shall meet in their respective states, and vote
by ballot for President and Vice-President, one of whom, at
220
AMENDMENTS TO THE CONSTITUTION.
least, shall not be an inhabitant of the same state with them-
selves; they shall name in their ballots the person voted for as
President, and in distinct ballots the person voted for as Vice-
President, and they shall make distinct lists of all persons voted
for as President, and of all persons voted for as Vice-President,
and of the number of votes for each, which lists they shall sign
and certify, and transmit sealed to the seat of the government of
the United States, directed to the President of the Senate ;
The President of the Senate shall, in presence of the Senate
and House of Representatives, open all the certificates and the
votes shall then be counted; - The person having the greatest
number of votes for President, shall be the President, if such
number be a majority of the whole number of Electors ap-
pointed; and if no person have such majority, then from the
persons having the highest numbers not exceeding three on the
list of those voted for as President, the House of Representa-
tives shall choose immediately, by ballot, the President.
in choosing the President, the votes shall be taken by states,
the representation from each state having one vote; a quorum
for this purpose shall consist of a member or members from
two-thirds of the states, and a majority of all the states shall be
necessary to a choice. And if the House of Representatives
shall not choose a President whenever the right of choice shall
devolve upon them, before the fourth day of March next follow-
ing, then the Vice-President shall act as President, as in the case
of the death or other constitutional disability of the President.
But
The person having the greatest number of votes as Vice-Pres-
ident, shall be the Vice-President, if such number be a majority
of the whole number of Electors appointed, and if no person
have a majority, then from the two highest numbers on the list,
the Senate shall choose the Vice-President; a quorum for the
purpose shall consist of two-thirds of the whole number of
Senators, and a majority of the whole number shall be neces-
sary to a choice. But no person constitutionally ineligible to
AMENDMENTS TO THE CONSTITUTION.
221
the office of President shall be eligible to that of Vice-President
of the United States.
(ARTICLE XIII.)
SECTION 1. Neither slavery nor involuntary servitude, except
as a punishment for crime whereof the party shall have been
duly convicted, shall exist within the United States, or any place
subject to their jurisdiction.
SECT. 2. Congress shall have power to enforce this article by
appropriate legislation.
(ARTICLE XIV.)
SECTION 1. All persons born or naturalized in the United
States, and subject to the jurisdiction thereof, are citizens of
the United States, and of the State wherein they reside. No
State shall make or enforce any law which shall abridge the
privileges or immunities of citizens of the United States; nor
shall any State deprive any person of life, liberty, or property
without due process of law, nor deny to any person within its
jurisdiction the equal protection of the laws.
SECT. 2. Representatives shall be apportioned among the
several States, according to their respective numbers, counting
the whole number of persons in each State, excluding Indians.
not taxed. But when the right to vote at any election for the
choice of electors for president and vice-president of the United
States, representatives in Congress, the executive and judicial
officers of a State, or the members of the legislature thereof, is
denied to any of the male inhabitants of such State, being
twenty-one years of age, and citizens of the United States, or in
any way abridged, except for participation in rebellion or other
crimes, the basis of representation shall be reduced in the pro-
portion which the number of such male citizens shall bear to
the whole number of male citizens, twenty-one years of age, in
such State.
SECT. 3. No person shall be a senator or representative in
222
AMENDMENTS TO THE CONSTITUTION.
Congress, or elector of president or vice-president, or hold any
office, civil or military, under the United States or under any
State, who having previously taken an oath as a member of
Congress, or as an officer of the United States, or as a member
of any State legislature, or as an executive or judicial officer of
any State, to support the Constitution of the United States, shall
have engaged in insurrection or rebellion against the same, or
given aid or comfort to the enemies thereof. But Congress
may by a vote of two-thirds of each house remove such disa-
bility.
SECT. 4. The validity of the public debt of the United States,
authorized by law, including debts incurred for payment of pen-
sions and bounties for services in suppressing insurrection or
rebellion, shall not be questioned. But neither the United
States, nor any State, shall assume or pay any debt or obliga-
tion incurred in aid of insurrection or rebellion against the
United States, or any claim for the loss or emancipation of any
slave; but all such debts, obligations, and claims shall be held
illegal and void.
SECT. 5. The Congress shall have power to enforce by appro-
priate legislation the provisions of this article.
(ARTICLE XV.)
SECTION 1. The right of citizens of the United States to vote
shall not be denied or abridged by the United States, or by any
State, on account of race, color, or previous condition of servi-
tude.
SECT. 2. The Congress shall have power to enforce this arti-
cle by appropriate legislation.
INDEX.
Accused, Rights of, 164.
Aldermen, 28.
Agriculture, Department of, 133.
Alaska, 183.
Coin Money, 93.
Congress, 75.
Congress, Powers of, 88.
Congress, Sessions of, 86.
Amendments to U. S. Constitu- | Consuls, 113.
tion, 149, 155.
Annexation of Texas, 183.
Auditor, County, 30.
Articles of Confederation, 63.
Assessors, County, 31.
Assessors of Taxes, 21.
Attorney, District, 31.
Bankruptcies, 92.
Battle of Quebec, 58.
Boundary, Spanish, 182.
Bureau of Education, 129.
Bureau of Indian Affairs, 128.
Chargés d'Affaires, 114.
Committee, School, 22.
Confederation, Articles of, 63.
Confederation, Plan of, 65.
Confederation, Weakness of Ar-
ticles of, 180.
Contest for Supremacy, 56
Continental Congress, Second,
62.
Convention, Federal, 66.
Contest of the Kings, 55.
Continental Congress, First,
61.
Contracts, 173.
Coroner, 3.
Counties, 29.
County Auditor, 30.
County Commissioners, 29.
County Courts, 50.
Chairman, 194.
Cheap Postage, 122.
Cities, 26.
City Council, 28.
Citizen and Alien, 163.
City Government, 26.
Court, Probate, 50.
County Treasurer, 30.
Courts, Police, 50.
Clerk, 194.
Coast Survey, 116.
Commissioners, Road, 23.
Committees, 197.
Court, Supreme, 50.
Crimes and Punishment, 163.
Criminal Cases, Procedure in,
165.
223
224
INDEX
Dates of Ratification (Constitu- | Gold, Discovery of, 183.
tion U. S.), 72.
Deeds, Recorder of, 30.
Deeds, Registrar of, 30.
Delegates, Territorial, 79.
Department of Agriculture, 133.
Department of Justice, 129.
Department of State, 113.
Department of Navy, 118.
Discovery of Gold, 183.
Distributing Post Offices, 121.
District Attorney, 31.
Governor, 44.
Governor, Term of Office, 45.
Governor, Qualifications, 45.
Governor, Powers and Duties, 45.
Growth of our Country, 179.
Highway Surveyors, 23.
House, Officers of, 79.
House of Representatives, Na-
tional, 76.
House of Representatives, State,
Duties on Imports, 90.
Education, 32.
42.
Impeachment, 80, 111.
Imports, Duties on, 90.
Election by the House (Presi- Impeachments, Trial of, 85.
dent), 107.
Election of Officers, 193.
Electors, Number of, 104.
Electors, Presidential, 103.
Electors, Time of Choosing, 105.
Electors Vote, 105.
English Settlements, 56.
Executive Department, National,
IOI, 112.
Executive Department, State,
44.
Executive Officers, 48.
Federal Convention, 66.
Fifteenth Amendment, 158.
First Continental Congress, 61.
Florida, Purchase of, 182.
Formation of a Society, 188.
Form of a Constitution, 190.
Form of Minutes, 195.
Fourteenth Amendment, 156.
French Settlements, 56.
Indian Bureau, 128.
Indian Schools, 128.
Insurance, 170-172.
Interior Department, 123.
Judicial Department, National,
137.
Judicial Department, State, 49.
Justices of the Peace, 49.
Landlord and Tenant, 170.
Land Officer, 125.
Law, the Making of, 43.
Leases, 169.
Legislative Department, Nation-
al, 75.
Legislative Department, State,
41.
Lieutenant-Governor, 47.
Lighthouses, 116.
Louisiana, Purchase of, 181.
INDEX.
225
Making a Law, 43.
Mayor, 27.
Mexican Provinces, Purchase of,
183.
Minutes, Form of, 195.
Ministers, Public, 113.
Money and Banking, 130.
Money, Coin, 93.
Mortgage Deed, 166.
Naturalization, 90.
Naval Academy, 119.
Navy, Department of, 118.
Element of Slow
National
Growth, 75.
New States, 146.
Notes, Promissory, 167.
Number of Electors, 104.
Number of Representatives,
National, 78.
Officers, Election of, 193.
Officers of House, National, 79.
Officers of Senate, National, 85.
Oregon Country, 184.
Overseers of the Poor, 23.
Pension Office, 125.
Plan of the Confederation, 65.
Police Courts, 50.
Poor, Overseers of, 23.
Post Office Department, 119.
Powers of Congress, 88.
Powers of President, 111.
Powers, Various (Congress), 95.
Present Condition of our Coun-
try, 186.
President, 194.
Presiding Officer, National Sen-
ate, 84.
Presidential Electors, 103.
Private Schools, 35.
Probate Court, 50.
Public Ministers and Consuls,
113.
Purchase of Florida, 182.
Purchase of Mexican Provinces,
183.
Purchase of Louisiana, 181.
Putting Constitution into Opera-
tion, 159.
Qualifications (National Senate),
84.
Qualifications of President, 108.
Qualifications, Representatives,
78.
Quit-claim Deed, 166.
Quebec, Battle of, 58.
Ratification (Constitution U.S.),
Dates of, 72.
Real Estate, Laws as to, 166.
Recorder of Deeds, 30.
Recording Secretary, 194.
Registrar of Deeds, 30.
Report of Committee, 190.
Representatives, House of (Na-
tional), 76.
Representatives, Qualifications
of, 78.
Representatives, Number of, 78.
Republican Government, 148.
Restrictions upon National Gov-
ernment, 97.
Restrictions upon States, 97.
226
INDEX.
Road Commissioners, 23.
Rules of Procedure, 188.
Surveyors, Highway, 23.
"Sweeping Clause,” 95.
Salary of President, 111.
Salary, Senators and Represen-
tatives, 87.
School Commissioner, 31.
School Committee, 22.
School Superintendent, 31.
Second Continental Congress,
62.
Secretary, 194.
Selectmen, 20.
Senate (National), 81.
Senate (State), 42.
Senators, How Chosen, 82.
Settlements, French, 56.
Sessions of Congress, 86.
Settlements, English, 56.
Sheriff, 3.
Size of Additions to U. S., 184.
Slow Growth of National Ele-
ment, 75.
Spanish Boundary, 182.
Spanish Settlements, 55.
State Governments, 39.
Stock and Mutual Insurance
Companies, 172.
Superintendent of Schools, 31.
Supremacy, Contest for, 56.
Supreme Court, 50.
Supreme Law of the Land, 150.
Supreme Moment in N. A., 57.
Taxes, Assessors of, 21.
Territories, 147.
Territorial Delegates, 79.
Texas, Annexation, 183.
Thirteenth Amendment, 156.
Time of Choosing Electors, 105.
Town, the, 17.
Town Clerk, 19.
Town Officers, 18.
Town Treasurer, 20.
Treason, 140.
Treasurer, 197.
Treasurer, County, 30.
Treasury Department, 115.
Treasury Notes, 132.
Trial of Impeachments, 85.
Various Powers (Congress), 95.
Vice-President, 109.
Vice-President elected by Sen-
ate, 108.
War Department, 117.
Warrant for Town Meeting, 24.
Warranty Deed, 166.
Weakness of Articles of Con-
federation, 180.
Weights and Measures, 94.
West Point, 117.
Whole Country at Present, 185.
ELEMENTS OF CIVIL GOVERNMENT
OF THE
STATE OF MINNESOTA
ELEMENTS OF CIVIL GOVERNMENT
STATE OF
OF THE
MINNESOTA
WITH
A BRIEF OUTLINE OF THE POLITICAL
HISTORY OF THE STATE
BY
T. H. KIRK, M.L.
REVISED BY
GEORGE B. AITON
INSPECTOR OF MINNESOTA HIGH SCHOOLS

SILVER, BURDETT & COMPANY
NEW YORK
BOSTON CHICAGO
COPYRIGHT, 1892, 1900,
BY SILVER, BURDETT & COMPANY.

NEW STATE CAPITOL AT ST. PAUL.
PREFACE.
AMERICANS revere the fathers of the Republic, and are
never weary in telling of their great deeds. They speak,
too, with enthusiasm of the thirteen original colonies and
the states that grew out of them. All this is very proper;
but we must not forget that heroic deeds, noble men, and
typical forms of government belong quite as much to the
present as to the past. Indeed, the people of the future will
look back to our day with admiration, as we now look back
to an older past. It is surely a good thing, from whatever
standpoint viewed, to study the forms of government which
now exist, and which one finds round about him. Besides,
nobody can be an intelligent citizen who does not do this.
Above all, one should be familiar with the forms of govern-
ment in his own state and community. It is for these
reasons, in fact, that this brief outline of the state and local
governments of Minnesota has been prepared.
The plan of the book is historical. It takes us back to
a time when no government existed save that of savage
tribes, and leads us through a series of rapid changes to the
civilization of the present. The government of Minnesota
Territory has been introduced because it was an important
step in this development, besides being of interest in itself.
3
i
4
PREFACE.
It has been the custom to confine the study of civil
government almost entirely to the chief legislative, judicial,
and executive functions. This, it seems to me, is a mistake;
and in Chapters V. to VIII. inclusive place has been given
to many things which every citizen ought to understand.
Aside from a few sets of suggestive questions and black-
board outlines, the method of teaching has been left to the
good sense and experience of the teacher.
So far as I know, this is the only special treatise on the
civil government of Minnesota yet published, and I hope it
may find its way into every school-house and home in the
State.
T. H. KIRK.
ST. PAUL June 1, 1892.
The revision of this text has been confined to a few changes
made necessary by constitutional amendment or recent statu-
tory provision. A few paragraphs have been added, but the
changes in all are so slight that no difficulty will be found in
using the revised text in connection with previous editions.
GEORGE B. AITON.
MINNEAPOLIS, April, 1900.
THE HISTORY AND CIVIL GOVERNMENT
OF THE
STATE OF MINNESOTA.
CHAPTER I.
HISTORICAL SKETCH.
The Unknown Land. In 1643, Louis XIV., the
great king of France, was but a child of five, and not
old enough to understand about those wonders of the
western world which at a later day attracted him. But,
child as he was, his subjects knew little more about it
than he. Nobody had thought that a great republic
would one day exist there whose splendid achievements.
for human liberty and progress would win the admira-
tion of mankind. That part of the New World now
called Minnesota was an unknown land, and, like all
.ne other unknown lands which the over-credulous
people of that day imagined, it was a land of romance
and fable, full of great rivers, powerful nations, and
untold wealth. Indeed, just beyond it, they said, was
the sea separating China from America.
Early Explorers. In 1634, Jean Nicolet, a bright,
venturesome interpreter of a Canadian fur company,
5
6
CIVIL GOVERNMENT OF MINNESOTA.
It
visited the Indian tribes in what is now Wisconsin.
seems that he learned from them something about the
Dakotas, or Sioux, who inhabited the region beyond the
upper Mississippi. On his return to Canada, Nicolet
told what he had heard about them. Later, in 1641,
two French ensigns visited the Sault Ste. Marie and
heard of this same nation, who were said to dwell
eighteen days' journey to the westward, at the head of
a great river. Fifteen years after this, a half religious,
half adventurous expedition from Quebec set out to
find the Dakotas; but it was foiled by the hostile
Iroquois, who massacred many of its members. The
expedition of Groselliers and Radisson, two celebrated
explorers, was more fortunate. In 1660, they coasted
along the southern shore of Lake Superior and built a
rude fort at the southern extremity of Chaqwamigon
Bay. The following spring, a detachment of the garri-
son ran across a party of wandering Dakotas and
returned with them to their lodges on the western
prairies. So far as known, these were the first white
men to enter what is now called Minnesota. Before
the end of the century, many noted explorers, among
whom were Perrot, Du Luth, Le Sueur, and Father
Hennepin, had traced the windings of its picturesque
river valleys and penetrated both its prairie and forest.
regions. Forts were built on the lower Blue Earth
River, on an island of the Mississippi, near the mouth of
the St. Croix, and on the west shore of Lake Pepin.
The Voyageurs. Following closely in the footsteps
of the explorers came the voyageurs, or rangers of the
woods, as they were sometimes called.
traders; and it was not long before the
They were fur
plash of their
HISTORICAL SKETCH.
7
paddles was heard on every stream, and their songs in
every thicket, as they wandered from one Indian village
to another in search of pelts. They might be called
the forerunners of civilization, but they were not truly
a part of it. Upon entering the woods they threw off
civil restraints, and counted themselves law-abiding in
simply keeping their agreements with the fur com-
panies and owning allegiance to the king of France.
The French Supremacy. For the first sixty-three
years of the eighteenth century the French remained
masters of the country they had explored. It was with
them a time of varying fortunes, of successes and
failures in extending the fur trade, of hopeless searches
for a northwest passage by way of a "mighty" river
supposed to enter the western sea, of warfare with
hostile tribes, and of movements to resist the encroach-
ments of the English, who too were seeking for com-
mercial profit and a greater empire.
The English Supremacy. After the nine years' strug-
gle of the French and Indian War, by the treaty of 1763
the English became the nominal masters of that part of
the Northwest lying east of the Mississippi. But the
French, nevertheless, continued to be its actual masters.
The Indians had always looked upon the French with
favor, and through the friendships and intermarriages of
a century had also come to think of them as their own
kindred. The sharp-witted Frenchmen had no difficulty
therefore in leading the Indians to distrust the good
intentions of the English, who came with offers of trade
and friendship. The result was, the English did not
find it worth while to build military and trading posts.
west of Mackinaw; and the only explorer of note who
8
CIVIL GOVERNMENT OF MINNESOTA.
represented them was the self-appointed Jonathan
Carver, who, in the fall of 1766, visited the region about
St. Anthony Falls and made a partial ascent of the
Minnesota or St. Peter's River.
The Dawn of a New Nation. It was not long after
the events narrated that a new nation entered the field
of military and social conquest. Twenty years after
the English had acquired possession of the Northwest,
they yielded it to their revolted colonies now styled the
United States of America. But just as the French
had withstood the English occupation of the country,
the English themselves annoyed their former American
subjects, who with native energy were now endeavoring
to open it for trade and settlement.
Military Expeditions. To check the boldness of
the British fur traders, and to restrain the tribes made.
hostile by their false statements about the purposes of
the Americans, it became necessary to overawe both by
a show of military strength. As a first step in this
direction, General Zebulon M. Pike was sent out in the
year 1805 with a small detachment of soldiers.
plorations extended as far north as Leech Lake.
His ex-
In 1817, Major Stephen H. Long made a cursory sur-
vey to find a suitable site for a fort. Two years later
Colonel Leavenworth established Cold Water Canton-
ment at Mendota; and in 1820 Fort Snelling was built
at the junction of the Minnesota and Mississippi rivers.
The Later Fur Traders. The United States hav-
ing thus asserted its authority, the Northwest and Hud-
son Bay Fur Companies, so long masters of trade under
British protection, now confined their operations for the
most part to the British Possessions, and the American
Į
HISTORICAL SKETCH.
9
and Columbia Companies took active possession of the
deserted field. By this time the Indians had become
less self-reliant. The fruits of the chase no longer
satisfied them, and they depended more and more upon
the whites for the necessaries of life. It will be easy to
understand then how the system of barter which sprang
up between them and the fur companies paved the way
for the entrance of civilization into their ancient domain,
and at the same time made them familiar with its ordi-
nary modes of domestic life. It is quite certain that in
their first contact with it they saw more of its selfish
than of its unselfish side. Their suspicions and hatred
were often aroused, and these led to feuds which were
not settled until after years of controversy and blood-
shed.
•
-
Commercial and Scientific Expeditions. To estab-
lish firmer relations with the tribes, to treat with them
for cessions of their lands, and to determine to some
extent the value of the region as a place of settlement,
expeditions both of a commercial and scientific character
were sent out by the national government. The first of
the three most important ones was led by Lewis Cass,
governor of Michigan. In 1820, it entered the country
by way of the St. Louis River and explored toward the
head waters of the Mississippi. The second, in 1823,
was commanded by Major Stephen H. Long. It ex-
plored the valleys of the Minnesota and Red rivers and
the chain of rivers and lakes on the northern boundary.
The third, led by Henry R. Schoolcraft in 1832, fol-
lowed the route of Cass, but penetrated the country as
far as Lake Itasca. Thence it journeyed southward to
Fort Snelling, and, finally, ascended the St. Croix.
IO
CIVIL GOVERNMENT OF MINNESOTA.
The Missionaries. It was now. two centuries after
the time of Jean Nicolet, who, as above stated, had been
the first to mention the Dakotas. But it would be an
error to think that in all that period nobody had given
heed to the welfare of the Indians. From the time of
the earliest explorers, whose expeditions they accom-
panied, devoted Catholic priests with little regard for
profits of trade and political power, both of which ab-
sorbed their companions, were earnest in their efforts
to benefit the tribes socially and religiously. With the
same interest and earnestness, the first Protestant mis-
sionary, W. T. Boutwell, came with the Schoolcraft
expedition and remained to teach among the Ojibwas of
Leech Lake. A year later, that is in 1833, two brothers,
Samuel W. and Gideon H. Pond, established the Mis-
sion of Lake Calhoun. In 1836, Dr. Thomas S. William-
son and party established the Mission of Lac qui Parle,
and the following year they were joined by Stephen R.
Riggs and wife. There were other faithful missionaries
in neighboring fields, but the names of these, after years
of toil and danger, became pre-eminently historic.
First Settlements. Previous to 1826, if we except
the traders of St. Peter's, or Mendota, there were no
permanent inhabitants in what is now Minnesota. In
the summer of that year the first real settlement was
made near Fort Snelling by a few Swiss farmers who
had fled from the hardships of the Selkirk colony.
Gradually others followed them. In 1840, the good
Father Lucian Galtier built the chapel of St. Paul
where the flourishing city of that name is now situated;
but three years later there were probably not more than
twenty families belonging to the little village that sur-
HISTORICAL SKETCH.
II
rounded the chapel. At St. Anthony Falls a small
grist and lumber mill and a few cabins were the nucleus
of the progressive city of Minneapolis, now the metropo-
lis. Indeed, in the great region surrounding these min-
iature cities there were at the outside not more than a
few hundred inhabitants.
Territorial Jurisdiction. If the Minnesota region
lacked civilized inhabitants, it had no lack of rulers.
After the Revolution and before the first half of the
nineteenth century had passed, that part of Minnesota
lying east of the Mississippi was controlled successively
by the Northwest Territory, Indiana Territory, Illinois
Territory, Michigan Territory, and Wisconsin Terri-
tory; and the part west by Louisiana Province, Louis-
iana District, Louisiana Territory, Missouri Territory,
Michigan Territory, Wisconsin Territory, and Iowa
Territory. Of course the jurisdiction of these various
territories was not very rigid. It could not be in a
country so vast and wild, whose only roads were Indian
trails, or at best water courses traversed in winter by dog
trains and in summer by canoes. Only now and then a
United States marshal appeared to vindicate the maj-
esty of the law; and no doubt many a crime was com-
mitted which the desolate plains and the deep, silent
forests never revealed.
i
12
CIVIL GOVERNMENT OF MINNESOTA.
CHAPTER II.
BEGINNINGS OF SELF-GOVERNMENT.
Wisconsin Territory. In 1848, Wisconsin as now
bounded was admitted to the Union. Its admission
apparently left a large portion of its former territory
without a government; namely, that part of it situated
west of the St. Croix and Mississippi rivers. This was
denied by Governor Catlin and others, who claimed that
the government of Wisconsin Territory was still intact
and that its domain was the country excluded from the
newly admitted state. But it was evident that the peo-
ple were not satisfied with this view of things; and
they were active in their endeavors to secure a new
territorial organization. At this time the total popula-
tion was less than five thousand. While this seems a
small number nowadays, it did not in the least win the
people from their purpose nor discourage their ambi-
tions. It was this energy doubtless that brought their
efforts to a speedy and successful conclusion and laid
the foundation of a lasting prosperity for the new com-
monwealth.
The Organic Act. A temporary government, styled
the Territory of Minnesota, was established by act of
Congress, March 3, 1849. Within its limits were in-
cluded the present State of Minnesota and by far the
larger part of the two Dakotas. It was such a great
BEGINNINGS OF SELF-GOVERNMENT.
13
stretch of country that the United States very properly
reserved the right to divide it at any time for the pur-
pose of forming new territories or attaching portions of
it to others already formed. This Organic Act, being
typical of the organic acts of other territories, and
being the foundation too of the more permanent gov-
ernment of the State, deserves here a brief but careful
review.
The Executive.
The executive power was vested in
a governor whose term of office was four years. But he
was subject to removal at any time by the President of
the United States. He was required to reside within
the Territory, to act as commander-in-chief of the militia,
to perform the duties of superintendent of Indian affairs,
and to commission all officers appointed under the laws
of the Territory. He had power to pardon offenses.
against the laws of the Territory, and to grant reprieves
for offenses against those of the United States subject
to the final decision of the President.
The Secretary. The next in power to the governor
was the secretary. His tenure of office was like the
governor's as to length of time and removal. He was
required to record all executive acts and proceedings of
the governor, and to record and preserve all laws and
proceedings of the Legislative Assembly. Moreover,
he was required to send copies of the executive proceed-
ings and legislative enactments to the President of the
United States, the president of the Senate, and the
speaker of the House of Representatives. Finally, in
case of the absence, death, removal, or resignation of
the governor, he was to become temporarily the chief
executive officer of the Territory.
14
CIVIL GOVERNMENT OF MINNESOTA.
The Legislative Assembly. The legislative power
was vested in the governor and a legislative assembly.
This legislative assembly consisted of two bodies desig-
nated the Council and House of Representatives. At
first, the Council had nine members, whose term of
office was two years, and the House of Representatives
eighteen members, whose term was one year.
All members were required to have the qualifications
prescribed for voters. No person, save a postmaster,
holding a commission or office under the United States
could be a member of the Legislature, or hold any other
office under the Territory. Neither could a member
hold during his term or the year succeeding it an office
created during said term or whose salary had been
increased within the same.
Both houses could be increased in proportion to the
growth of population, save that the number of coun-
cillors could not exceed fifteen and the number of rep-
resentatives thirty-nine. The Territory was divided into
election districts corresponding to the two classes of
legislators, and it was required that each legislator
should be a resident of the district he was elected to
represent. No session of the legislative assembly could
extend beyond sixty days.
The legislative power extended to all subjects con-
sistent with the Constitution of the United States, but
it was specified that no law should be passed to inter-
fere with the primary disposal of the soil, to tax the
property of non-residents more than that of residents,
and to tax the property of the United States. Besides,
all laws were subject to the veto of Congress.
All bills passed by the Legislative Assembly had to
BEGINNINGS OF SELF-GOVERNMENT.
15
be submitted to the governor for his approval or veto,
but they could be passed over his veto by a two-thirds
majority of both houses. In such a case, members were
required to vote by yeas and nays, and their votes were
entered upon the journals of the Assembly.
If the governor did not return a bill within three days,
Sundays excepted, it became a law without his signa
ture, provided the adjournment of the Assembly did not
prevent its return within the time specified.
The Courts. The judicial power of the Territory
was vested in four kinds of courts; namely, justice
courts, probate courts, district courts, and a supreme.
court. Both the appellate and original jurisdiction of
these courts was to be defined by statute law, save in
certain cases hereafter mentioned, and save that the
jurisdiction of the supreme and district courts should
be allowed to extend to cases both in common law and
chancery.
Supreme Court. The supreme court had a chief and
two associate justices, any two of whom constituted a
quorum. Their tenure of office was four years; and
they were allowed to appoint a clerk for the court and
dismiss him at pleasure. This court was required to
hold a term annually at the seat of government. Its
jurisdiction extended to writs of error, bills of exception,
and appeals, from the district courts, but it was not
allowed to conduct trials by jury. Writs of error and
appeals from its decisions could be made to the su-
preme court of the United States when the value of the
controversy was not less than a thousand dollars. It
was required that the regulations of the circuit courts of
the United States should be followed in all such appeals.
16
CIVIL GOVERNMENT OF MINNESOTA.
District Courts. - The Territory was divided into
three judicial districts. In each of these a district
court, over which one of the justices of the supreme
court presided, was held at times and places prescribed
by law; and the justice so presiding was required to
live within the district. Each district court appointed
a person to act as clerk and as register in chancery, and
he was required to keep office at the place where the
court was regularly held. The jurisdiction of the dis-
trict courts extended to cases under the laws of the
Territory, and in all cases under the laws and Constitu-
tion of the United States its jurisdiction was the same
as that of the circuit and district courts of the United
States. The first six days of every session of a district
court, or such part of them as was needed for the pur-
pose, was required to be devoted to such cases under
the United States Constitution and laws.
Minor Courts. - Justice courts were for the trial of
petty cases; but no justice court could hear cases
respecting the title and boundary of land, nor any
involving a money value exceeding a hundred dol-
lars.
Probate courts served the same purposes as now
under the state.
Attorney and Marshal. The chief officers of the
courts were an attorney and a marshal. The term of
each was four years. It was the duty of the attorney to
advise the executive officers and to act as counsel in all
cases in which the Territory was a party; and the mar-
shal was required to serve all processes of the district
courts when acting as district and circuit courts of the
United States.
BEGINNINGS OF SELF-GOVERNMENT.
17
Appointment of Territorial Officers. The governor,
chief justice, associate justices, attorney, and marshal
were appointed by the President and confirmed by the
Senate of the United States; and all had to make oath
or affirmation that they would faithfully discharge their
duties and uphold the Constitution of the United
States.
All local officers, township, county, and district, were
to be appointed or elected in whatever manner the gov-
ernor and Legislative Assembly should provide.
Delegate to Congress. Provision was made for the
election of a delegate to the House of Representatives
of the United States; and he was to have the powers
and privileges accorded to delegates from other terri-
tories. His term of office was two years.
Right of Suffrage. - Every male inhabitant of Minne-
sota Territory, having come to reside in it before the
passage of the Organic Act, was allowed to vote at
the first election and was eligible to any office within
the Territory provided he was free, white, and twenty-
one or more years of age. Thereafter qualifications of
voters and eligibility to office were to be determined by
the Legislative Assembly, save that none but citizens
of the United States or those who had taken oath to
become such were then qualified or eligible.
Education. One of the most important sections of
the Organic Act made provision for the support of
education. It required that sections sixteen and thirty.
six of each township, when surveyed, should be set
aside for the benefit of the public schools, no matter
to what territory or state the township might finally
belong.
18
CIVIL GOVERNMENT OF MINNESOTA.
Transition. Such was the machinery of govern-
ment provided for the Territory of Minnesota, but some-
thing else was required to set it in motion; namely, a
plan of transition from the government of Wisconsin
Territory to that of the new, which would work neither
a temporary nor a lasting injury to any citizen. The
plan adopted was this:-
1. All individual and social rights and privileges not inconsistent
with the Organic Act were to continue, subject to change at a
proper time.
2. All pending judicial proceedings, of whatever nature, civil or
criminal, were to be transferred to the new district courts.
3. No statutes existing for the new territory, all infractions
under the laws of the old were subject to trial and punishment in
the courts of the new.
4. All bonds and obligations of every character remained valid.
5. All judicial and ministerial officers, such as justices of the
peace, constables, and sheriffs, were to continue in power until pro-
vision could be made for the appointment or election of their suc-
cessors.
6. The governor was granted power to establish the judicial dis-
tricts, to assign the judges thereto, and to determine the times and
places of holding courts within the same, all until the Legislative
Assembly, to whom the power permanently belonged, could act or
should see fit to act.
7. The first meeting of the Legislative Assembly was to be at St.
Paul, at which time it was to fix upon a temporary seat of govern-
ment pending the establishment of a permanent seat by popular
election.
8. Finally, financial provision was made for the building of a
capitol and the purchase of a library for the use of the judicial and
executive officers of the Territory.
ORGANIZING THE STATE.
19
CHAPTER III.
ORGANIZING THE STATE.
Progress. Less than eight years after the establish-
ment of Minnesota Territory it was seeking admission
to the Union. By this time the population had multi-
plied thirty-fold. Many farms had been opened up in
the Big Woods and upon the adjacent prairies. Title to
large tracts of Indian lands had been secured, and other
settlers were entering to possess them. Numerous flour-
ishing settlements had sprung up in the river valleys
and elsewhere. Commerce, too, was active on the navi-
gable streams.
The Enabling Act. - February 26, 1857, Congress
passed an act preliminary to the admission of Minne-
sota to the Union. The Enabling Act, as it is called,
after having defined the boundaries of the State as at
present, provided for the calling of a constitutional con-
vention, the taking of a census to determine the repre-
sentation in Congress, and the disposing of public land
for the support of education and internal improvements.
The State Constitution. The first Monday in June
the delegates were chosen to the convention, and at
midnight the beginning of the second Monday in July
they met in the Capitol at St. Paul. The unusual hour
of meeting was due to a struggle for supremacy in
organization between the Republican and Democratic
20
CIVIL GOVERNMENT OF MINNESOTA.
wings. They could not agree, however, at this time,
and separated. The result was, two rival conventions
were organized. But later, harmony having been re-
stored through compromises, they agreed upon the
same constitution August 29. In this final form it
contained fifteen Articles and a Schedule, as follows:
Article I. is a bill of rights, and provides for the alteration, modifi-
cation, and reform of government, at any time deemed necessary;
against slavery, disfranchisement, and involuntary servitude, save
by process of law and for the punishment of crime; for the liberty
of the press and freedom of speech; for trial by jury in civil cases;
against excessive bail and cruel punishments; for juries, witnesses,
and counsel in criminal cases; for indictments by grand jury, the
granting of bail, and maintaining the privilege of habeas corpus ;
for remedy on account of injury to person, property, or character;
against conviction for treason, save on proper testimony of wit-
nesses; against unreasonable search; against bills of attainder and
ex post facto laws; against imprisonment for debt; for the exemp-
tion of a reasonable amount of property from seizure for debt;
against taking private property for public use without compen-
sation; for subordinating the military to the civil power; against
feudal tenures, and prolonged leases and grants of agricultural
lands; against religious and property tests as qualifications for
holding office or the exercise of suffrage; and, finally, for the
maintenance of rights inherent in the people, but not mentioned in
the Constitution itself.
Article II. names the State and defines its boundaries.
Article III. distributes the powers of government as legislative,
executive, and judicial.
Article IV. sets forth the nature and powers of the legislative
department.
Article V. names the officers of the executive department, and
prescribes their powers, duties, and manner of election.
Article VI. deals with the courts and judges of the judiciary
department.
Article VII. states the extent and limitations of the elective
franchise.
ORGANIZING THE STATE.
2I
Article VIII. provides for the establishment and support of a
public school system, including the State University.
Article IX. is devoted to state finances, banks, and banking.
Article X. deals with corporations that do not have banking
privileges.
Article XI. treats of the organization of counties and townships.
Article XII. makes it the duty of the Legislature to pass laws for
organizing and disciplining the militia.
Article XIII. provides for impeachments and removals from
office.
Article XIV. shows in what manner the Constitution itself may
be amended.
Article XV. is a miscellany. It provides for a temporary seat of
government at St. Paul; for extending privileges of citizenship and
taxation to persons residing on Indian lands; for a uniform oath or
affirmation; for a seal of the State; and for converting the territo-
rial into a state prison.
-
The Schedule. Just as it had been necessary to pro-
vide for the transition from a previously existing gov-
ernment to that of Minnesota Territory, it was now
necessary to provide a similar transition from the gov-
ernment of Minnesota Territory to that of Minnesota
State. The plan involved twenty-two specifications re-
lating to various legislative, judicial, and executive
affairs. These specifications formed what is called the
Schedule.
Ratification. - The Constitution was submitted to
the people, and ratified October 13, 1857, by a vote of
30,055 against 571, thus giving emphasis to the
"Preamble. We, the people of the State of Minnesota,
grateful to God for our civil and religious liberty, and
desiring to perpetuate its blessings and secure the same
to ourselves and our posterity, do ordain and establish
this Constitution."
22
CIVIL GOVERNMENT OF MINNESOTA.
Admission to the Union. Congress finding the Con-
stitution of Minnesota satisfactory, passed an act admit-
ting the State May 11, 1858. By this act Minnesota
was allowed two representatives in Congress, and con-
stituted a judicial district of the United States district
courts, with the necessary legal provisions for the
organization of such a court.
Amendments. During the forty-two years that have
elapsed since the Constitution was adopted, it has been
amended in thirty-nine particulars. This shows how
impossible it is to frame a constitution good for all
time, and proves that to have been a wise clause in the
Bill of Rights which reserves to the people the privi-
lege of modifying their form of government when the
changes of time imperatively demand it.
ORGANIZING THE STATE.
23
QUESTIONS, TOPICS, AND SUGGESTIONS FOR
REVIEW.
Designed to recall what has been learned and to suggest further thought,
reading, and study.
1. What was known of the New World in the time of Louis
XIV.?
2. What was learned by Jean Nicolet?
3.
tics?
Who were the voyageurs, and what were their characteris-
4. What can you say about the French and English suprema-
cies?
5. Who led the first military expeditions into Minnesota, and
what were the purposes of these expeditions?
6. What were the characteristics of Indian life in the time of
the later fur traders?
7. Describe the commercial and scientific expeditions.
8. When, where, and by whom were the first missions estab-
lished?
9. Who were the first settlers?
10. To what governments has the domain of Minnesota been
subject?
11. What was the Organic Act, and when was it passed?
12. In whom was the legislative power of Minnesota Territory
vested? The executive? The judicial?
13. Mention some things that were required to change from the
government of Wisconsin Territory to that of Minnesota.
14. What was the Enabling Act, and when was it passed?
15. When and under what circumstances was the Constitution
of Minnesota adopted?
16. How many articles does the Constitution contain, and of
what does each treat?
17. What was the Schedule?
18. When and how decisively was the Constitution ratified?
19. Repeat the Preamble to the Constitution.
20. When was Minnesota admitted to the Union?
21. How many times has the Constitution been amended?
BLACKBOARD OUTLINE.
1. Members.
2. Powers.
STATE GOVERNMENT.
THE LEGISLATURE.
3. Duties and Obligations.
4. House.
5. Privileges.
6. Restrictions.
7. Bills and Laws.
8. Senate.
I. Governor.
THE EXECUTIVE.
2. Lieutenant-Governor.
3. Secretary of State.
1. Supreme Court.
2. District Courts.
24
4. Auditor.
5. Treasurer.
6. Attorney-General.
THE JUDICIARY.
3. Probate Courts.
4. Justices of the Peace.
1
DEPARTMENTS OF STATE GOVERNMENT.
GOVEL
25
CHAPTER IV.
THE DEPARTMENTS OF THE STATE GOVERNMENT.
SECTION I. — THE LEGISLATIVE DEPARTMENT.
HAVING in the last chapter considered the Consti-
tution as a whole, it is now the pupil's task to take a
particular view of the three principal departments of
the state government; namely, the legislative, executive,
and judicial.
The Legislature. The Legislature of Minnesota
consists of two houses called the Senate and House of
Representatives. Its sessions are biennial and each
limited to ninety legislative days. But the days need
not be consecutive, thus allowing necessary recesses.
The number of members in each house is prescribed by
law, and increases with the growth of population; but
the distribution of members throughout the State must
be in proportion to the population of the different
sections in order that all may be justly represented.
This necessarily gives the Legislature the power, were
it not specified as it is elsewhere in the Constitution, to
set the bounds of the representative and senatorial dis-
tricts. It also determines in like manner the bounds of
congressional districts. In case of a vacancy in the
membership of either house the governor is required to
issue a writ calling for a special election to fill it.
26
CIVIL GOVERNMENT OF MINNESOTA.
-
Qualifications and Terms of Members. A person to
become a member of the Legislature must be a citizen,
and immediately prior to his election must have been a
resident of the State at least one year and his district.
six months. Before entering upon his duties he must
make oath or affirmation to perform them faithfully and
to uphold the Constitutions of the United States and
the State of Minnesota. The term of a representative
is two years; of a senator, four.
Powers.
Each house has power-
1. To determine whether the qualifications and elections of its
members are valid.
2. To transact business when a majority of its members is present.
3. To adjourn from day to day when only a minority of its mem-
bers is present.
4. To compel its members to attend.
5. To determine its rules of business.
6. To set its times of adjournment.
7. To punish and expel members for disorderly conduct.
8. To disfranchise, conjointly with the other house, persons con-
victed of infamous crimes.
9. To punish citizens for bad behavior in its presence.
10. To elect United States senators conjointly with the other
house.
Duties and Obligations. Each house must
1. Keep and publish a journal of its proceedings, and enter
therein all votes taken by yeas and nays.
2. Prescribe the manner of taking evidence when its seats are
contested.
3. Allow the public to attend its sessions save when secrecy is
important.
4. In all its elections vote viva voce and have such votes re-
corded in its journal.
5. Pass laws to prevent monopolies of the food and produce
markets of the State.
DEPARTMENTS OF STATE GOVERNMENT.
27
Privileges. A person is exempt from arrest when
going to or from the house of which he is a member or
while attending its sessions. But this privilege does
not apply in cases of felony, treason, or breach of the
peace. Nor can a member be elsewhere called to ac-
count for speech or debate in the Legislature. Two or
more members may jointly protest against the passage
of a resolution which they think injurious to individuals
or the public in general, and have their protest recorded
in the journal.
Restrictions. No member can be expelled twice for
the same offense. Neither house can adjourn for more
than three working days at a time; nor to meet in any other
place unless the other house consents. No member can
receive an increase of compensation granted during his
term. No member can hold office under the United
States, save that of a postmaster. No money can be
appropriated save by bill. No joint order, resolution,
or vote is valid without the governor's signature, save
when carried over his veto by a two-thirds vote. No
divorces can be granted. No lotteries can be author-
ized. Finally, no special legislation is allowable in the
following particulars:-
"Ist. For changing the name of a person, or constituting one
person the heir-at-law of another.
"2d. For laying out, opening or altering highways.
"3d. For authorizing persons to keep ferries across streams
wholly within this State.
"4th. For authorizing the sale or mortgage of real or personal
property of minors or other persons under disability.
"5th. For changing any county seat.
"6th. For assessment or collection of taxes, or for extending the
time for the collection thereof.
28
CIVIL GOVERNMENT OF MINNESOTA.
:
"7th. For granting corporate powers or privileges, except to
cities.
"8th. For authorizing the apportionment of any part of the
school fund.
"9th. For incorporating any town or village.
"Ioth. For granting to any individual, association, or corpora-
tion, except municipal, any special or exclusive privilege, immunity,
or franchise whatever.
"11th. For vacating roads, town plats, streets, alleys, and public
grounds."
These restrictions of special legislation were for the
purpose of preventing local and class enactments which
often worked injustice to the people at large besides
being a burden upon the Legislature and a source of cor-
ruption. All such matters are properly provided for
under the general laws of the State.
The House of Representatives. There are certain
things peculiar to the House. It elects its own pre-
siding officer. It originates all bills for the raising of
revenue. It has the sole power of impeachment, but
an impeachment requires the concurrence of a major-
ity of its members.
The Senate. There are certain things, too, peculiar
to the Senate. It cannot elect its presiding officer
save as a president pro tempore, the lieutenant-governor,
ex officio, being its regular president. It tries all im-
peachments arising in the House, and in such cases its
members are under oath or affirmation to act legally
and justly. To convict, two-thirds of the senators
must concur.
Bills and Laws. All laws of Minnesota must begin
with the expression "Be it enacted by the Legislature
of the State of Minnesota." No law can embrace more
DEPARTMENTS OF STATE GOVERNMENT.
29
than one subject, and this subject must be expressed in
its title. Unless under the suspension of rules, a bill
must be read three times in each house on three differ-
ent days. A majority of the full membership of each
house is required to pass a bill, and the vote of each
house upon the same must be recorded in its journal.
Every bill that passes must be enrolled, and signed by
the presiding officers of both houses. It is then neces-
sary to present it to the governor for his signature.
Should he refuse to sign it, a two-thirds majority of
both houses may pass it over his veto. Or if he does
not return it within three days, Sunday excepted, it
becomes a law without his signature; provided that
its return is not prevented by the adjournment of the
Legislature. No new bill can be introduced during the
last twenty days of a session without the written con-
sent of the governor. Nor can a bill be passed on the
day of final adjournment. Nevertheless it may be en-
rolled, signed, or transmitted from house to house or
to the governor on that day.
SECTION II. — THE EXECUTIVE DEPARTMENT.
Executive Officers. The principal executive officers
of Minnesota are the governor, lieutenant-governor,
secretary of state, auditor, treasurer, and attorney-
general, each serving two years, save the auditor, whose
term is four. All are bound by oath or affirmation to
perform their duties faithfully.
Governor. The governor must be at least twenty-
five years of age. It is his duty to communicate with
the Legislature from time to time, by message, relative
30
CIVIL GOVERNMENT OF MINNESOTA.
•
to the welfare of the State. He is commander-in-chiet
of the military and naval forces of the State, and may
call upon them to suppress insurrections. He is a mem-
ber of the board of pardons which has power within the
State to grant reprieves and pardons after persons have
been convicted, save in the case of impeachments. He
appoints the state librarian, notaries public, and other
officers that the law may designate. He has power to
· fill vacancies in elective offices until the next subsequent
election, and in appointive offices until the next meeting
of the Legislature. He may call extra sessions of the
Legislature in cases of emergency. In all cases he must
faithfully execute the laws.
Lieutenant-Governor.
The lieutenant-governor is
president of the Senate by virtue of his office, and is
successor of the governor in case of a vacancy; and if
for any reason his own office becomes vacant, the presi-
dent pro tempore of the Senate succeeds him.
Secretary of State. The secretary of state is the
custodian of the state seal, laws, and documents. He
issues state papers, such as proclamations, under the
direction of the governor; and he records instruments
formulated under the statutes, such as the articles of
incorporation of stock companies.
Auditor. Just as the name implies, the auditor is
the hearer that is, of all financial claims against the
State; and he issues warrants upon the state treasurer
for the payment of those he deems valid. He computes
the amount of appropriations necessary for the running
expenses of the State, and when passed by the Legisla-
ture levies them upon the taxable property of the State.
He is ex officio land commissioner; and as such he has
DEPARTMENTS OF STATE GOVERNMENT.
31
power to sell or lease, subject to law, the school, inter-
nal improvement, and other lands belonging to the
State.
Treasurer.
The treasurer collects state taxes, inter-
est on bonds held by the State; in short, moneys due it
from whatever source. He pays interest on bonds
issued by the State itself, distributes the funds of the
state institutions and public schools, and pays on the
warrant of the auditor any and all of the lawful obliga-
tions of the State. To insure care and honesty, he is
frequently required to make an exact statement of his
receipts and disbursements, and the treasury is subject
to periodic inspection by the governor, auditor, and sec-
retary of state acting jointly.
Attorney-General. - The attorney-general advises the
Legislature and state officials upon all difficult points of
law referred to him, and in such cases his opinions have
the force of statute law, until set aside by decisions
of the supreme court or further enactments of the Leg-
islature. He is also prosecuting attorney or directing
counsel in all cases to which the State is directly a
party.
SECTION III. JUDICIAL Department.
Courts. The Constitution establishes a supreme
court, district, probate, and justice courts, and provides
that other inferior courts may be established by legisla-
tive enactment.
Supreme Court. At present the supreme court con-
sists of a chief justice and four associate justices. The
term of each is six years. The court appoints a reporter
to note its decisions and proceedings. It also has a
32
CIVIL GOVERNMENT OF MINNESOTA.
clerk who is elected by the people once in four years;
but in case of a vacancy in his office a majority of the
justices have power to fill it. In certain remedial cases
the court has original jurisdiction, and appellate juris-
diction in all other cases, both as to law and equity. It
sometimes happens that a majority or all of the justices
are disqualified to try a case by reason of personal rela-
tions to it. Under such circumstances, the governor
or, if he too is party to it, the lieutenant-governor,
appoints judges of the district court to serve; and for
the cases in dispute, they exercise the full power of
justices of the supreme court.
District Courts. For judicial purposes the State is
divided into districts, each having a court styled the
district court. At present there are eighteen district.
courts in the State. Each district may have one or
more judges, as prescribed by law, and elects its own
judges for a term of six years. There are now thirty-
five district judges. A judge must reside in his dis-
trict when elected, and continue to reside in it until his
term expires.
Each district court has a clerk in each county within
its district. He is elected by the people of the county,
and his term of service is four years.
The district courts have original jurisdiction in civil
cases when the amount in dispute exceeds a hundred
dollars, and in criminal cases if the term of imprison-
ment exceeds three months. Their appellate jurisdic-
tion is prescribed by law.
Probate Courts. There is a probate court in each
county. It has one judge elected by the people for a
term of two years. He appoints his own clerk, but the
DEPARTMENTS OF STATE GOVERNMENT.
33
Legislature may at any time provide for the election of
a clerk. The duties of a judge of probate include the
settlement of estates, the appointment of guardians for
minors and for adults mentally diseased, and the issuing
of orders for the incorporation of cities.
Justices of the Peace. The Legislature determines
the number of justices of the peace. At the present
time there are two in each township or village, and two
or more in each city. Save in certain cases, such as
attachments of property, the jurisdiction of a justice
court does not extend beyond the limits of the county
in which it is situated. The jurisdiction of a justice of
the peace does not extend to civil cases involving a
money value greater than one hundred dollars, nor to
criminal cases whose penalty is more than three months'
imprisonment.
Miscellaneous Provisions. The Constitution provides
that the judges of the supreme and district courts
"shall be men learned in the law"; that their compen-
sation shall not be diminished during their terms; and
that they shall receive no other fees or rewards.
The judges of all other courts not mentioned above
must be elected from the cities or counties for which
the courts were created; but a term of service cannot
be greater than seven years without a new election.
The justices of the supreme and district courts are
not eligible to United States or other state offices.
The Legislature can create new judicial districts and
change the boundaries of old, but by so doing cannot
dismiss a judge from office.
A court commissioner, with the power of a district
judge-at-chambers is elected for each county.
34
CIVIL GOVERNMENT OF MINNESOTA.
All legal pleadings and proceedings begin, "The
State of Minnesota" and end, "against the peace and
dignity of the State of Minnesota.”
QUESTIONS, TOPICS, AND SUGGESTIONS FOR
REVIEW.
Designed to recall what has been learned and to suggest further thought,
reading, and study.
1. How many houses are there in the Minnesota Legislature,
and how are their memberships determined?
2. What are the qualifications and terms of state senators and
representatives?
3. State ten powers belonging to both houses.
4. State five duties and obligations of both houses.
5. What privileges do legislators possess?
6. What restrictions are placed upon the members and houses?
7. State eleven forms of special legislation that are forbidden.
8. What powers and restrictions are peculiar to the House?
9. What powers and restrictions are peculiar to the Senate?
10. Through what order must and through what order may a
bill pass before it can become a law?
II. Name the six chief executive officers of Minnesota.
12. What are the duties of the governor?
13. What are the duties of the lieutenant-governor?
14. What are the duties of the secretary of state?
15. What are the duties of the auditor?
16. What are the duties of the treasurer?
17. What are the duties of the attorney-general?
18. Describe the organization of the supreme court.
19. How are the district courts constituted, and how many dis-
tricts and judges are there at the present time?
20. What is the jurisdiction of a probate court?
21. State four important points respecting justices of the peace.
22. What does the Constitution say in reference to judges of the
supreme and district courts?
23. What are the duties of clerks of courts and court commis-
sioners?
ADMINISTRATIVE DEPARTMENTS.
35
*
CHAPTER V.
ADMINISTRATIVE DEPARTMENTS, BUREAUS, COM-
MISSIONS, AND OFFICERS.
In a great state the public business increases rapidly
in proportion to the general development of the state
itself. This has given rise in Minnesota to various
departments, commissions, bureaus, and offices more or
less closely related to the chief executive departments
already considered.
Adjutant General. While the governor of the State
is the nominal commander-in-chief of its militia, its
actual direction and command is delegated to the adju-
tant general. Consequently all general orders to the
Minnesota National Guard are issued by him. By stat-
ute, also, he is made prosecuting attorney or agent for
all worthy soldiers and sailors, or the widows, orphans,
and dependent parents of the same, who are seeking
pensions from the United States. In this capacity, he
serves without fee or reward of any kind.
Insurance Department. The head of this department
is called the insurance commissioner. It is his duty to
prevent dishonest insurance companies from doing busi-
ness in the State; to see that honest companies do not
ignorantly or carelessly neglect its laws in reference to
the security and payment of losses; and to collect fees
from these companies for defraying the expenses of the
36 CIVIL GOVERNMENT OF MINNESOTA.
department, relieving injured firemen, and helping to
maintain better fire departments in the cities of the State.
Department of Public Instruction. — This department
is under the direction of the superintendent of public
instruction, who is appointed by the governor.
chief duties are-
His
1. To confer from time to time with the county superintendents
respecting the best methods of organization and discipline for the
public schools.
2. To conduct teachers' institutes and training schools annually
at suitable places throughout the State.
3. To collect and arrange statistics showing the condition of the
public schools and other educational institutions.
4. To apportion the public school funds semiannually.
5. To make to the Legislature at its regular sessions a compre-
hensive report of the educational condition of the public schools and
higher institutions of learning.
The superintendent is also ex officio member and
secretary of the State Normal and High School Boards.
and member of the Board of Regents of the University.
Railroad and Warehouse Commission. This commis-
sion consists of three members appointed by the gov-
ernor. They have power to fix and enforce a regular
and equitable schedule of rates upon the railroads of
the State. They also have power to supervise the grain
trade at terminal points like St. Paul, Minneapolis, and
Duluth. Acting in this capacity, they fix the "grades
or relative qualities of grain, and appoint inspectors and
weighers to carry out their directions.
-
Dairy and Food Commission. This board is made up
of a chief and an assistant commissioner, a chemist,
and a secretary. Through its authorized agents it care-
ADMINISTRATIVE DEPARTMENTS.
37
fully inspects the dairies and food markets to detect and
punish the vendors of spurious and adulterated dairy
products and other foods. Everything, beginning with
careful analyses of specimens by the chemist, is carried
out systematically, resulting in great good to consumers.
Land Commissioner. — The State of Minnesota owns
thousands of acres of agricultural, mineral, and timber
lands, classified otherwise as school, swamp, and inter-
nal improvement lands. To protect, lease, and sell
these requires a great deal of labor. This responsible
duty is assigned by law to the state auditor, who is ex
officio land commissioner.
Printing Commission. The secretary of state, auditor,
and treasurer are the commissioners of printing. They
let the contracts for printing blanks, reports, docu-
ments, and forms of whatever character required. The
person holding the contracts, for a specified time, is
called the public printer, and the person employed by
the commission to supervise the work, as to form, qual-
ity, and charges, is called the expert printer.
Commissioner of Statistics. At one time this officer
was the general statistician of the State, but now his
duties are confined to the collecting of such agricultural
statistics as are deemed of economic value.
At present
the assistant secretary of state is commissioner of sta-
tistics.
Game and Fish Commission. It is the duty and work
of the commissioners to stock the lakes and rivers of the
State with the best varieties of fish suited to its climatic
conditions. To do this, they have established hatch-
eries where the young fish are developed from the egg
until old enough for distribution. The commissioners
38
CIVIL GOVERNMENT OF MINNESOTA.
are also charged with the appointment of game wardens
and the enforcement of the game code of the State.
Bureau of Labor. This bureau is an outgrowth of
certain labor movements immediately preceding the
year 1887. It is required, first of all, to see that all
laws relating to the welfare of the laboring classes in
factories and other places are faithfully carried out.
This it prepares itself to do by personal inspection of
places of labor. Some of the laws to be enforced relate
to the employment of children, matters of health, and
protection against accidents. In the second place, the
bureau is required to collect statistics pertaining to the
various phases of the industrial and social conditions of
the laboring classes. These statistics it presents bien-
nially to the Legislature.
Public Examiner. The public examiner holds a very
important position. He is a financial agent of the State
with full power to inspect and supervise the books and
business methods of all county and state financial offi-
cers, of banks organized under state laws, of loan and
trust companies, national building associations as to
their business within the State, and local building asso-
ciations in towns of ten thousand or more inhabitants.
The work of this officer has already brought about
needed business reforms and insured greater honesty
in dealing among these institutions and officers.
Boiler Inspector: - The great loss of life and prop-
erty from the improper handling of boilers led to the
appointment of boiler inspectors by districts. No per-
son can now run a steam engine, or be master or pilot
of a steam vessel on the inland waters of the State,
without a license from the inspector. And all boilers
ADMINISTRATIVE DEPARTMENTS.
39
The duty of this
illuminating oils in
and steam vessels must be examined annually. How-
ever, these laws do not apply to locomotive engineers,
a class of men always skilled, nor to boilers properly
inspected by insurance companies.
Inspector of Illuminating Oils.
officer requires him to inspect all
the market of the State, and to prevent the sale of
those dangerously explosive. He employs several as-
sistants, who, like himself, are paid out of fees charged
for inspection.
Surveyors of Logs and Lumber. The lumber inter-
ests of Minnesota are extensive. Millions of feet of
logs are annually cut in the pine forests in its northern
part, and floated down its rivers to the mills and mar-
kets. Certain officers, called surveyors of logs and
lumber, are employed to scale or measure these logs
and to determine the proper owners when the logs are
being sorted in the booms for the purpose of rafting
them to owners or purchasers. The surveyors also
record existing bills of sale, liens, and mortgages, against
the logs of different owners. The total measurements
made must be reported to the Legislature biennially.
State Librarian. While the state library was estab-
lished to preserve books, pamphlets, charts, and docu-
ments of a miscellaneous character, it is made up for
the most part of books of law to which all citizens of the
State may have free access. The library is under the
direction of the judges of the supreme court, but in
the immediate charge of an appointive officer called the
state librarian.
-
Forestry Board. This board consists of nine mem-
bers, nominated, with the governor's consent, by various
40
CIVIL GOVERNMENT OF MINNESOTA.
boards and associations. It is charged with the care of
all forest reservès set apart by legislative action, of lands
granted to the State for forestry purposes either by the
general government or by individuals.
The Geological and Natural History Survey. - This
survey of the State is carried on under the direction of
the regents of the University. Professors are designated
to act as state geologist, botanist, zoölogist, topogra-
pher, etc. Their work is special in character, and is
performed for the people of the State at large. Under
them the geological and natural history surveys of the
State have been carried on steadily for many years, and
very valuable permanent results have been obtained and
published.
CHAPTER VI.
BOARDS OF CONTROL, SOCIETIES, AND ASSOCIA-
TIONS.
STILL farther removed from the chief executive de-
partments than those studied in the last chapter, yet
performing very important functions, we find several
boards, societies, and associations.
-
Boards of Control. These boards having very clearly
defined directory power, are sometimes called boards of
control. It will be seen that four of them pertain to
the health of the people; one to their financial and one
to their legal welfare; and one to the economic inter-
ests of the producing classes. They are named and
described as follows:
BOARDS OF CONTROL.
4I
1. The Board of Equalization is composed of the governor,
auditor, attorney-general, and one elector from each judicial district.
It meets every September and equalizes the valuations placed by
assessors upon the real and personal property throughout the State.
2. The Board of Medical Examiners is composed of nine phy-
sicians of known ability and good standing. All applicants for
licenses to practise medicine must pass its examinations. In this
way incompetent persons are barred from imposing upon the people.
3. The Board of Pharmacy consists of five pharmacists. All
retailers and dispensers of drugs must hold its certificates.
4. The Board of Dental Examiners has the granting of licenses
to dentists. It has five members who are practising dentists.
5. The Board of Health and Vital Statistics is composed of nine
physicians. It is required "to make sanitary investigations and
inquiries respecting the causes of disease, especially of epidemics;
the sources of mortality, and the effects of localities, employments,
conditions, and circumstances on the public health.”
6. The Board of Law Examiners has one member for each con-
gressional district. It examines all candidates for admission to the
bar in respect to their legal abilities.
7. The Board of Farmers' Institutes consists of six members.
Its duties require it to hold institutes or conventions for the purpose
of imparting knowledge concerning the best methods of agriculture,
horticulture, dairying, and stock-raising.
Societies. There are four societies organized under
the laws of the State, three of them in a large degree
supported by its bounty, which deserve notice.
1. The Agricultural Society has extensive grounds and buildings
adjoining the city of St. Paul. By suggestive annual exhibits and
liberal premiums it is doing much to promote agricultural progress.
The State appropriates four thousand dollars annually.
2. The Horticultural Society gives special attention to the ad-
vancement of pomology, horticulture, and arboriculture.
3. The Society for the Prevention of Cruelty to Animals is doing
in a faithful way the noble work expressed in its name. It has
42
CIVIL GOVERNMENT OF MINNESOTA.
many branches. Its officers have the power of constables, which
they exercise freely whenever cases of extreme cruelty occur.
4. The Historical Society was organized under the laws of the
Territory. It is the oldest society in the State, and receives from it
a liberal annual appropriation. Its most important function is to
collect all valuable antiquarian relics and historical data, recent and
aboriginal, pertaining to the State and Northwest. Beyond that, its
historical collections and researches are general.
Associations. Two important associations are sus-
tained by the State.
1. The Dairyman's Association disseminates knowledge respect-
ing the best modes of dairying, and holds annual fairs at which it
distributes premiums; two thousand dollars a year State aid.
2. The Forestry Association has for its purposes the preservation
of the native forests, and the planting and cultivation of new forests.
Other boards and their duties may be mentioned: -
1. The State Board of Examiners of Barbers. The licensing of
barbers.
2. The State Board of Commissioners of Practical Plumbing. -
The licensing of practical plumbers.
3. The Horseshoers' Board of Examiners.—The licensing of
practical horseshoers.
4. The Board of Drainage Commissioners. The expenditure of
State appropriations in draining extensive swampy portions of the
State.
5. Inspectors of Flax and Hemp Spinning Fibers and Tow.-
The encouragement of flax and hemp spinning.
6. The State Public Library Commission. The purchasing and
loaning free traveling libraries, also advising local library boards.
STATE INSTITUTIONS.
43
CHAPTER VII.
STATE INSTITUTIONS OF CORRECTION AND
CHARITY.
THE care which a state bestows upon its unfortunate
citizens and children is one of the best indications of
its progress in civilization. Measured by this standard,
Minnesota compares well with her sister states.
-
Board of Corrections and Charities. The general
supervision of the institutions of correction and charity,
state or local, is delegated by law to the State Board of
Corrections and Charities. This board has six mem-
bers, of whom, for obvious reasons, not more than three
can belong to the same political party. Its chief duties.
are specified as follows:-
1. To inspect the institutions under its charge.
2. To investigate, under the governor's direction, cases of mis-
management.
3. To prescribe the forms of their statistical reports.
4. To criticise the plans of local jails and poor-houses with a
view to improving them.
5. To co-operate in every way possible with executive boards
and officers in order to promote the economic and moral welfare of
these institutions.
6. To report biennially to the Legislature.
Insane Asylums. Minnesota has five insane asy-
lums; the First, so called, at St. Peter, the Second at
Rochester, the Third at Fergus Falls, the Fourth at
44
CIVIL GOVERNMENT OF MINNESOTA.
Anoka, and the Fifth at Hastings. The buildings
belonging to them are extensive and fitted up in the
most approved manner. These asylums are under the
immediate direction of a board of five members. Each
asylum has a steward, a medical superintendent, and
corps of assistant physicians and attendants.
Institute for Defectives. The Institute for Defec-
tives has three branches; namely, the School for the
Deaf, the School for the Blind, and the School for the
Feeble-Minded. The institute is controlled by a board
of seven members, two of whom, the governor and
superintendent of public instruction, are members ex
officio. Each of these schools has a superintendent
and a faculty of competent instructors. The Institute
is situated at Faribault.
State Public School. The State Public School for
Neglected and Dependent Children is situated at Owa-
tonna, and is controlled by a board of three members.
Its name indicates the classes of children admitted to it.
It has already done great good. The boys are taught
to work in the gardens and shops, and the girls are
taught sewing, cooking, and other domestic duties.
Besides, all are instructed in the branches of a common
school education. As soon as possible after they enter
school, homes in families are found for the children;
but for some time after adoption the authorities of the
school continue to watch over them to insure proper
treatment. If the children do not receive this, they are
brought back to the school.
Soldiers' Home. - The Minnesota Soldiers' Home is
situated at Minnehaha Falls, within the corporate limits
of Minneapolis. It is under the direction of a board of
STATE INSTITUTIONS.
45
seven trustees.
It was established for the benefit of
aged and infirm soldiers and sailors of the United States
who also are citizens of Minnesota.
The State Training School. The Reform School,
formerly called the House of Refuge, was for many
years situated at St. Paul, but is now at Red Wing,
where a large farm and modern buildings and appli-
ances have been provided for it. Its board of managers
consists of five members. It is now called the State
Training School for Boys and Girls.
Boys and girls who are too incorrigible to be con-
trolled at home are sent to it. Besides the rudiments
of an education, they are taught useful trades. The
requirements of the institution are rigid but kind.
Through its discipline many vicious children have been
redeemed.
The Reformatory. - Hitherto, in the history of states
and countries, persons guilty of crimes, whether of a
mild or of a heinous character, have been thrown into
prison and often subjected to harsh not to say cruel
treatment. The people are now beginning to take
another view of the matter, and to assert that a state
must seek to reform as well as to restrain and punish
its criminals. With this end in view, the State of
Minnesota has established a reformatory at St. Cloud.
Persons who have taken the first steps in crime, but
who are too old to send to the Training School, are
imprisoned in the Reformatory. The system of the
Reformatory is paternal and elastic. The severity of a
prisoner's punishment is largely determined by his atti-
tude toward discipline and reformation. The Reform-
atory is beyond the experimental stage, and is doing a
46
CIVIL GOVERNMENT OF MINNESOTA.
noble work. It is under the control of a board of six
managers.
The State Prison. The State Prison still exists for
hardened criminals who are dangerous, or unsusceptible
to influences of reform. This prison is situated at Still-
water. There are five managers in its board. The chief
officer of the prison is called the warden. He is assisted
by deputy wardens and guards. The management of
the State Prison is eminently practical, humane, and
intelligent. Convicts are divided into three classes,
according to merits. These grades are marked by a
difference in garb, diet, and privileges. A night school,
a library, and a prison paper are maintained for their
improvement. The convicts are employed in useful
industries, including the making of shoes, immense
quantities of binding twine, and school apparatus.
STATE INSTITUTIONS.
47
QUESTIONS, TOPICS, AND SUGGESTIONS FOR
REVIEW.
Designed to recall what has been learned and to suggest further thought,
reading, and study.
1. What are the duties of the adjutant general?
2. What are the duties of the insurance commissioner?
3. Specify five duties of the superintendent of public instruction.
4. What are the duties of the Railroad and Warehouse Com-
mission?
5. What are the duties of the Dairy and Food Commission?
6. Who acts as land commissioner, and what are his duties?
7. State clearly what you know about the Printing Commission,
the public printer, and the expert printer.
8. What were the former duties and what are the present duties
of the commissioner of statistics?
9. For what purpose was the Fish Commission constituted?
10. Describe the Bureau of Labor and its work.
II. State the duties of the public examiner.
12. State the duties of the inspectors of boilers and illuminating
oil.
13. What duties belong to a surveyor of logs and lumber?
14. Tell what you know about the state library and the state
librarian.
15. What is the nature of the state geologist's work?
16. Name and describe the work of seven boards of control, four
societies, and two associations, all either fostered or controlled by
the State.
17. What are the duties of the Board of Corrections and Chari-
ties?
18. Name the insane asylums, and tell where they are situated.
19. What is the Institute for Defectives?
20. For what was the State Public School established?
21. For whom was the Soldiers' Home established?
22. Compare the Reform School, Reformatory, and State Prison,
and show in what respects they differ from one another.
2
BLACKBOARD OUTLINE.
EDUCATION.
DISTRICTS.
1. Common.
2. Independent.
3. Special.
SCHOOLS.
1
3. State High Schools.
1. Ungraded.
4. Normal Schools.
1
PUBLIC SCHOOL FUNDS.
Current
General.
48
State School Tax.
Local District Special Tax.
One Mill County Tax.
2. Graded.
5. University.
EDUCATION.
49
CHAPTER VIII.
EDUCATION
THE work of education in Minnesota, below the Uni-
versity and normal schools, is conducted on the district
system. Of these districts there are three kinds, called
common, independent, and special.
Common Districts. - Common districts are organized
according to law by the county commissioners when
properly petitioned by the people concerned. There is
no uniformity in the extent of territory included in these
districts. Local conditions and circumstances deter-
mine this. The schools are for the most part ungraded.
A common school district is controlled by a board of
three trustees. These officers are named clerk, treas-
urer, and director. However, the government of the
district is partly democratic. The most important
questions relating to it are determined by the people
at an annual meeting, and special meetings called from
time to time. Common districts are for the most part
confined to the country, and are under the supervision
of a county superintendent.
Independent Districts.-Independent districts are also
organized according to statute. These districts are
peculiar to villages and cities, and their schools are
usually graded. The government of such districts, like
the common, is partially democratic. Each has a board
2
50
CIVIL GOVERNMENT OF MINNESOTA.
of six members. The officers of the board are a presi-
dent, secretary, and treasurer. Each district, too, em-
ploys its own superintendent, and is not subject to the
county superintendent save in the matter of making
annual reports.
Special Districts. Special districts have hitherto
been organized, and, as might be inferred from the
name, under special acts of the Legislature whenever
peculiar municipal and other local conditions seemed to
warrant it. In general character they are like inde-
pendent districts, yet are in certain particulars as vari-
ous in government and privileges as the acts establishing
them. Under the amendment to the Constitution pre-
venting special legislation, such districts cannot now be
organized.
State High Schools. To encourage higher education,
the Legislature has enacted a law establishing state high
schools and state graded schools. These schools in reality
belong to the graded systems in special and independent
districts, but are also voluntarily subject to the rules
and regulations of the State High School Board, which
consists of three members; namely, the governor of the
State, the president of the University, and the state
superintendent of public instruction.
If found upon
inspection to be working in accord with the regulations
of the board, the high schools are granted an annual
appropriation of eight hundred dollars and the graded
schools are granted two hundred dollars; both grants
cannot go to the same district.
Normal Schools. Minnesota has so far five normal
schools. Together they form what might be called an
auxiliary system of the public schools, having for their
EDUCATION.
51
purpose the education and professional training of
teachers for these schools. They are situated at
Winona, Mankato, St. Cloud, Moorhead, and Duluth.
They receive an aggregate annual appropriation of
one hundred ten thousand dollars, and occasional ap-
propriations for permanent improvements. The gov-
ernment of the schools is entrusted to a board of nine
members, five of whom are resident directors.
University. The University of Minnesota, situated
at Minneapolis, is the successor of the Territorial Uni-
versity. At present it has seven important colleges and
departments described as follows: The College of Sci-
ence, Literature, and Arts, offering four courses of study;
the College of Mechanic Arts, offering four courses; the
College of Agriculture, to which is attached the prepara-
tory School of Agriculture; the Department of Law;
and the Department of Medicine, including the College
of Medicine and Surgery, the College of Homeopathic
Medicine and Surgery, the College of Dentistry, and
the School of Pharmacy; a School of Mines; and a
Graduate Department.
The University is governed by a board of twelve
regents. It is supported partly by the interest of its
permanent fund, and partly by a special standing state
levy of twenty-three hundredths of a mill. The annual
interest on its permanent fund is about sixty thousand
dollars. The permanent fund amounts to over one
million two hundred thousand dollars. Of its land
grants, including agricultural college lands, about forty
thousand acres remain unsold.
Public School Lands. The pupil will recall that the
Organic Act of the Territory reserved sections sixteen
52
CIVIL GOVERNMENT OF MINNESOTA.
and thirty-six in each township for the support of the
public schools; that is, the schools described above
under common, independent, and special districts. By
legislative enactment, none of these lands can be sold
for less than five dollars an acre. They often bring
much more. The money accruing from sales consti-
tutes a permanent fund, no part of which can ever be
expended, only the interest being available for the sup-
port of the schools. At this time the fund amounts to
over twelve million dollars, and there yet remain about
two million acres of land unsold. When all of the lands
are sold, it is estimated that the fund will amount to
nearly thirty million dollars.
Current and Special School Funds. The current
school fund is made up of the annual state school tax
fund and the general school fund, the latter being the
annual interest on the permanent fund mentioned in the
last paragraph. The state school tax is one mill levied
on the total real estate and personal property valuation
of the State. The current fund, so made up, is the one
distributed semiannually by the superintendent of public
instruction. It amounts now to over a million dollars
a year. Besides this large fund there are two others.
One is a local mill tax levied on the property within
each county, the other is the variable special tax which
each school district, in order to share in the current
fund of the State, must vote annually for the running
expenses of its school, in addition to what it may choose
to vote for permanent improvements.
The system of state aid to education may be summa-
rized as follows:
EDUCATION..
53
I. Districts.
a, Common.
b, Independent.
c, Special.
All pupils, between the ages of five and twenty-one
years, attending school not less than forty days, share in
the state apportionment declared by the state super-
intendent.
2. State Rural Schools. A special award of fifty
dollars is made annually, under the supervision of the
state superintendent, to rural schools employing a supe-
rior instructor, and providing adequate equipment.
3. Semi-State Graded Schools. - Village schools, of
less than four departments, may be awarded one hundred
dollars annually by the state superintendent.
4. State Graded Schools. - Graded schools, of not less
than four well-taught and well-equipped departments,
may be awarded a special annual grant of two hundred
dollars by the State High School Board. These schools
are visited regularly by a state graded school inspector.
5. State High Schools. High schools, complying
with the requirements of the State High School Board,
are awarded a special annual grant of eight hundred
dollars. Tuition is free to non-resident as well as resi-
dent students. These schools are visited regularly by a
state high school inspector. It is believed that, as a
result of free tuition and state encouragement, better
high schools are maintained in the small towns than in
the small towns of any other part of the world.
6. Any school district, purchasing books for a school
library, is entitled to annual state aid, at the rate of ten
dollars for each building. It is provided that the state
aid shall not exceed one-half of the purchase price.
The books must be bought from the state contractor, at
an established wholesale price.
54
CIVIL GOVERNMENT OF MINNESOTA.
QUESTIONS, TOPICS, AND SUGGESTIONS FOR
REVIEW.
Designed to recall what has been already learned and to suggest further
thought, reading, and study.
1. How is a common school district organized and governed?
2. How is an independent district organized and governed?
3. How were special districts organized?
4. What are state high schools, and how are they supervised?
5. What is the work for which the normal schools were insti-
tuted?
6. Where are the normal schools situated, and how are they
supported?
7. How are the normal schools governed?
8. Name the departments and colleges of the University.
9. How is the University governed?
10. How is the University supported?
11. What can you say of the public school land?
12. What funds constitute the current school fund?
13. Describe two local school funds.
14. How large is the permanent school fund at date?
15. How large is the University fund at date?
BLACK BOARD OUTLINE.
1. Commissioners.
2. Auditor.
LOCAL GOVERNMENT.
3. Register of Deeds.
4. Surveyor.
COUNTIES.
Officers.
5. Superintendent of Schools.
6. Judge of Probate.
7. Attorney.
8. Sheriff.
9. Coroner.
10. Clerk of Court.
II. Court Commissioner.
2. Organized.
TOWNSHIPS.
I.
1. Congressional.
Officers.
1. Supervisors.
2. Clerk.
3. Treasurer.
4. Constables.
I. President
2. Trustees Council,
3. Recorder
VILLAGES.
Officers.
3. Corporate Powers.
4. Meetings.
5. Assessor.
6. Overseers of Highways.
7. Board of Review.
8. Justices.
4. Marshal.
5. Constables.
6. Justices.
7. Street Commissioner.
55
56
CIVIL GOVERNMENT OF MINNESOTA.
CHAPTER IX.
LOCAL GOVERNMENT.
So far the pupil has been studying the governments
of the Territory and State in their many phases, but
several important forms of local government yet remain.
for him to consider. They are the governments of
counties, townships, villages, and cities.
Counties. The county is the largest geographical
subdivision of the State. Minnesota has eighty-two
organized counties. The areas of some of them are
quite extensive. Minnesota would make about sixty-
four states as large as Rhode Island, and its largest
counties would each make from two to five such
states. Thus it will be seen that the extent of its
domain, not to speak of other things, makes the govern-
ment of one of these counties a matter of considerable
importance.
County Officers. The county officers in Minnesota
are a board of county commissioners, auditor, treasurer,
register of deeds, surveyor, superintendent of schools,
judge of probate, county attorney, sheriff, coroner, clerk
of court, and court commissioner. The duties of most
of these officers are explained on pp. 29-32 of the other
book in this volume, save that the pupil should read
county attorney in place of district attorney. Those
mentioned under courts in this book are the judge of
LOCAL GOVERNMENT.
57
probate, the clerk of courts, and the court commissioner.
The surveyor determines the boundary lines and meas-
urements of lands concerning which disputes have
arisen.
Townships. The Minnesota township, geographically
speaking, is six miles square. How it is subdivided and
related to other townships is clearly explained on pp.
126, 127 of the book preceding this.
Organizing Towns.- Before a township is organized it
is called a congressional township. To be organized,
it must have at least twenty-five legal voters residing in
it. If a majority of these petition the county commis-
sioners to organize the town, the commissioners must
proceed to do so, providing, as directed by law, to deter-
mine the boundaries of the township, to name it, and to
designate the place for holding its first town meeting.
Corporate Powers.- An organized town is a corpora-
tion having power—
"I. To sue and be sued.
"2. To purchase and hold lands within its own limits, and for
the use of its inhabitants, subject to the powers of the Legislature.
"3. To make such contracts, purchase and hold such personal
property as may be necessary for the exercise of its corporate or
administrative powers.
"4. To make such orders for the disposition, regulation, or use of
its corporate property as may be deemed conducive to the interests
of its own inhabitants."
Town Meetings. Each town holds an annual meet-
ing. The time fixed for this is the second Tuesday of
March. At this meeting, the electors choose three
supervisors, one of whom is chairman, a town clerk, treas-
arer, assessor, two justices of the peace, two constables,
58
CIVIL GOVERNMENT OF MINNESOTA.
and one overseer of highways for each road district.
The justices and constables serve two years each, the
other officers one year each. The electors have power
also at this meeting-
1. To provide for pounds and pound masters.
2. To direct legal actions in cases to which the town is party,
and to provide means therefor.
3. To regulate fence-building and the impounding of animals.
4. To pass herd laws.
5. To impose limited penalties for breaking the rules and regu-
lations of the town, save in cases specified in law.
6. To raise money for constructing roads and bridges, for
supporting the poor, and paying the necessary expenses of the
town.
Special town meetings may be called to fill vacancies.
in office, or transact business, whenever the supervisors,
justices, and clerk, or any two of them, with twelve or
more freeholders, file a statement in the clerk's office
declaring the meeting necessary.
Duties of Supervisors. The supervisors are the
chief executive officers of the town. All business not
delegated to the other officers, or belonging to the
people themselves, may be transacted by them.
particular, they may or shall, as the case may be, —
1. Act as fence viewers.
2. Act as a board of health.
3. Act as a board of auditors in the matter of bills payable by
the town.
4. Draw orders for the disbursement of town moneys.
5. Direct the legal actions of the town.
6. Act as judges at elections.
When acting as an auditing board, if one of the
supervisors is absent, one of the justices must be called
LOCAL GOVERNMENT.
59
in to act for him; or if two are absent, two justices
must serve for them.
Ordinarily, two supervisors constitute a quorum.
Clerk's Duties. The town clerk must record the
minutes of the town meetings, and orders, directions,
rules, and regulations passed at such meetings. He
acts as the custodian of all books of record belonging
to the town, and must file and preserve its papers and
audited accounts. He is required, too, to send the
names of the newly elected constables and justices to
the clerk of the district court, to post notices of town
meetings, and to act as one of the clerks at elections.
All
Treasurer's Duties. The treasurer receives, takes
charge of, and disburses the money of the town.
disbursements must be made upon the order of the
town or its supervisors. The treasurer must keep an
accurate account of the amounts and sources of receipts,
and the amounts and purposes of disbursements. He
is required to file a detailed statement of his accounts,
with the town clerk, within the five days preceding the
annual meeting.
Assessor. It is the duty of the assessor to deter-
mine as accurately as may be the valuation of each
piece of real estate in the town, and the valuation of
each resident's personal property. This is for the pur-
pose of taxation.
Overseers of Highways. -The overseers of highways
look after the construction of roads and bridges and see
that they are kept in repair.
Justices and Constables. The duties of a justice
have been sufficiently explained in Section III. of
Chapter IV. A constable is a court officer who serves
papers and makes arrests.
60
CIVIL GOVERNMENT OF MINNESOTA.
Board of Review. The assessor, town clerk, and
chairman of the supervisors constitute a board of review
to see that no property within the township, through
oversight or otherwise, escapes taxation; and to so
equalize valuations that nobody's property is unjustly
taxed.
Villages. It often happens that commercial, manu-
facturing, or other interests create thickly settled com-
munities within a township. These communities soon
find its government inadequate to provide for their
peculiar needs, and take steps to sever themselves from
it by securing village charters. Such a community in
Minnesota must have at least one hundred seventy-
five inhabitants before it can be organized as a village,
and at least thirty of them must petition the county.
commissioners for the organization. In general, a vil-
lage has the same corporate powers and obligations as a
town.
Officers of a Village. The officers of a village cor-
respond very nearly to those of a town. A president,
a treasurer, a recorder, a marshal, a street commissioner,
and three trustees are elected for one year; and two
justices of the peace and two constables for two years.
The Village Council. The president, recorder, and
three trustees constitute the village council or executive
board. It will be seen from what follows that their
powers while in some cases parallel to those of town
supervisors are more extensive. They may-
1. Appoint pound masters, village attorney, sextons, fire wardens,
street commissioners, special and permanent police, a board of
health, and three judges of election for each election district.
2. Number houses, lay out streets, establish a fire department,
LOCAL GOVERNMENT.
61
establish markets, purchase and care for cemeteries, grant licenses
of various kinds, restrain lotteries, establish and maintain public
libraries, build watchhouses or lock-ups, provide street lights, regu-
late the use of public wells and cisterns, establish and regulate har-
bors and docks, build levees, and pass and enforce all necessary
ordinances within their province.
Cities. Conditions similar to those leading to the
incorporation of villages, but greater in number, lead to
the more complex organizations of cities. The govern-
ment of Minnesota cities is similar to that described
elsewhere in this volume, and need not have a more
particular explanation here.
The thoughtful pupil
Nature of Local Government.
has no doubt noticed that local government in the town-
ship is somewhat democratic, and becomes in the vil-
lage more representative in character. It may be stated
in conclusion that it is still more centralized in cities.
This centralization is a blessing when officers are honest
and capable, but often works great harm when they are
dishonest or inefficient. At the present time, how to
secure an honest and efficient municipal government is
an unsolved problem.
62
CIVIL GOVERNMENT OF MINNESOTA.
ม
A
QUESTIONS, TOPICS, AND SUGGESTIONS FOR
REVIEW.
Designed to recall what has been learned and to suggest further thought,
reading, and study.
1. How many organized and how many unorganized counties
in Minnesota?
2. Give the official titles of county officers.
3. State briefly the duties of each county officer.
4. What is a congressional township?
5. How are townships organized?
6. State the corporate powers of towns.
7. When and how are township officers chosen?
8. When must town meetings be held? When may they be
held?
9. Name the town officers and the terms for which they serve.
10. Name six things the electors have power to do at a town
meeting.
11. How many supervisors are there, and what is one of them
called?
12. Specify five duties of the supervisors.
13. What are the town clerk's duties?
14. What are the town treasurer's duties?
15. What are the assessor's duties?
16. What are the duties of the overseers of highways?
17. What are the duties of a constable?
18. Why are villages organized?
19. Name the officers of a village.
20. How is a village council constituted?
21. What are some of the powers of a village council different
from those of township supervisors?
22. What is the nature of local government?
Ir
INDEX.
Adjutant-general, 35.
Agricultural Society, 41.
Assessor, town, 59.
'Associations, 42.
Attorney, territorial, 16.
Attorney-general, state, 31.
Bills, legislative, 28.
Boards of Control, 40.
Boiler inspector, 38.
Boutwell, Missionary, 10.
Bureau of Labor, 38.
Calhoun, Lake, mission of, 10.
Carver, Jonathan, 8.
Cass, Lewis, enters Minnesota, 9.
Catlin, Governor, 12.
Cities, 61.
Clerk, town, 59.
Cold Water Cantonment, 8.
Commissioner of Statistics, 37.
Common school districts, 49.
Constables, town, 59.
Constitution, the, 20.
Constitution, amendments to, 22.
Constitution, miscellaneous provi-
sions of, 33.
Constitution, ratification of, 21.
Corrections and Charities, Board of,
43.
Council, territorial, 14.
Council, village, 60.
Counties, 56.
County, officers of, 56.
Court, state supreme, 31.
Court, territorial supreme, 15:
Courts, probate, 32.
Courts, state, 31.
Courts, state district, 32.
Courts, territorial, 15.
Courts, territorial district, 16.
Courts, territorial minor, 16.
Dairy and Food Commission, 36.
Dairyman's Association, 42.
Dakotas, first mentioned, 6.
Delegate of territory, 17.
Dental Examiners, 41.
Districts, school, 49.
Du Luth, 6.
Education in the state, 49.
Education in the territory, 17.
Enabling Act, 19.
English supremacy, 7.
Equalization, Board of, 41.
Executive, state, 29.
Executive, territorial, 13.
Expeditions, commercial and scien-
tific, 9.
63
64
INDEX.
•
Expeditions, military, 8.
Explorers, early, 5.
Farmers' Institutes, Board of, 41.
Forestry Association, 42.
Fort Snelling, when built, 8.
Forts first built, 6.
French supremacy, 7.
Funds, school, 52.
Fur traders, 8.
Galtier, Father Lucian, 10.
Game and Fish Commission, 37.
Geologist, state, 40.
Government, local, 61.
Government, state, departments of,
25.
Government, territorial, transition
to, 18.
Governor of the state, 29.
Groselliers, visits Lake Superior, 6.
Health, Board of, 41.
Hennepin, Father, 6.
High schools, 50.
Highways, overseers of, 59.
Historical Society, 42.
Horticultural Society, 41.
House, state Legislature, 25.
House, things peculiar to, 28.
House, territorial Legislature, 14.
Independent school districts, 49.
Insane asylums, 43.
Inspector of illuminating oils, 39.
Institute for Defectives, 44.
Insurance Department, 35.
Itasca, Lake, visited, 9.
Judicial Department, state, 31.
Justices of the peace, 33.
Justices, town, 59.
Lac qui Parle, Mission of, 10.
Land Commissioner, 37.
Lands, school, 51.
Law Examiners, Board of, 41.
Laws, 28.
Leavenworth, Colonel, 8.
Legislative Assembly, territorial,
14.
Legislature, duties and obligations
of, 26.
Legislature, members of, 26.
Legislature, powers of, 26.
Legislature, privileges of, 27.
Legislature, restrictions upon, 27.
Legislature, state, 25.
Le Sueur, 6.
Librarian, state, 39.
Lieutenant-governor, 30.
Local government, 61.
Long, Major Stephen H., 8-9.
Louis XIV., 5.
Marshal, territorial, 16.
Medical Examiners, Board of, 41.
Military expeditions, 8.
Minnesota an unknown land, 5.
Minnesota first entered, 6.
Minnesota, territorial jurisdiction
of, II.
Missionaries, 10.
National Guard of Minnesota, 35.
Nicolet, Jean, 5.
Normal schools, 50.
Northwest, yielded to the United
States, 8.
Officers, territorial, appointment of,
17.
Organic Act, 12.
INDEX.
65
Perrot, 6.
Pharmacy, Board of, 41.
Pike, General Z. M., 8.
Pond, Missionaries, 10.
Prevention Cruelty to Animals, So-
ciety of, 41.
Printing Commission, 37.
Prison, state, 46.
Probate courts, 32.
Public examiner, 38.
Public Instruction, Department of,
36.
Public School, state, 44.
Radisson, visits Lake Superior, 6.
Railroad and Warehouse Commis-
sion, 36.
Reformatory, 45.
Reform School, 45.
Review, Town Board of, 60.
Riggs, Missionary, 10.
Sault Ste. Marie, visited, 6.
Schedule of state Constitution,
21.
Schoolcraft, enters Minnesota, 9.
School districts, 49.
School funds, 52.
Secretary of state, 30.
Secretary, territorial, 13.
Senate, state, 25.
Senate, things peculiar to, 28.
Settlements, first, 10.
Sioux, first mentioned, 6.
Societies, 41.
Soldiers' Home, 44.
Special school districts, 50.
State, admission to Union, 22:
State geologist, 40.
State librarian, 39.
State, organizing the, 19.
Supervisors, town, 58.
Supreme court, state, 31.
Supreme court, territorial, 15.
Surveyors of logs and lumber, 39.
Town meetings, 57.
Towns, corporate powers of, 57.
Townships, 57.
Towns, organizing, 57.
Treasurer, state, 31.
Treasurer, town, 59.
University, state, 51.
Village council, 60.
Village officers, 60.
Villages, government of, 60.
Voyageurs, 6.
Williamson, Missionary, 10.
Wisconsin, territory of, 12.
[2]
APPENDIX.
CONSTITUTION OF THE STATE OF
MINNESOTA.
Adopted Oct. 13, 1857. AYES 30,055; Noes, 571.
PREAMBLE.
We, the people of the State of Minnesota, grateful to God for our
civil and religious liberty, and desiring to perpetuate its blessings
and secure the same to ourselves and our posterity, do ordain and
establish this constitution.
ARTICLE I.
BILL OF RIGHTS.
SECTION 1. Government is instituted for the security, benefit and
protection of the people, in whom all political power is inherent,
together with the right to alter, modify or reform such government,
whenever the public good may require it.
SEC. 2. No member of this State shall be disfranchised, or de-
prived of any of the rights or privileges secured to any citizen
thereof, unless by the law of the land, or the judgment of his peers.
There shall be neither slavery nor involuntary servitude in the State
otherwise than in the punishment of crime, whereof the party shall
have been duly convicted.
66

ATELITE
Second
Capitol.
Round Tower. Ft. Snelling.
Minnehaha Falls.
www
Third Capitol of Minnesota.
Central House. First Capitol.
Chapel of St. Paul.
LANDMARKS OF MINNESOTA
CONSTITUTION OF MINNESOTA.
67
SEC. 3. The liberty of the press shall forever remain inviolate,
and all persons may freely speak, write, and publish their senti-
ments on all subjects, being responsible for the abuse of such right.
SEC. 4. The right of trial by jury shall remain inviolate, and
shall extend to all cases at law without regard to the amount in con-
troversy, but a jury trial may be waived by the parties in all cases,
in the manner prescribed by law; [and the legislature may provide
that the agreement of five-sixths of any jury in any civil action or
proceeding, after not less than six (6) hours' deliberation, shall be
a sufficient verdict therein.] ¹
1
SEC. 5. Excessive bail shall not be required, nor shall excessive
fines be imposed; nor shall cruel or unusual punishments be
inflicted.
SEC. 6. In all criminal prosecutions the accused shall enjoy the
right to a speedy and public trial, by an impartial jury of the county
or district wherein the crime shall have been committed, which
county or district shall have been previously ascertained by law,
and to be informed of the nature and cause of the accusation, to
be confronted with the witnesses against him, to have compulsory
process for obtaining witnesses in his favor, and to have the assist-
ance of counsel in his defense.
SEC. 7. No person shall be held to answer for a criminal offense
unless on the presentment or indictment of a grand jury, except in
cases of impeachment, or in cases cognizable by justices of the
peace, or arising in the army or navy, or in the militia when in
actual service in time of war or public danger; and no person for
the same offense shall be put twice in jeopardy of punishment, nor
shall be compelled in any criminal case to [be] witness against him-
self, nor be deprived of life, liberty, or property, without due process
of law. All persons shall before conviction be bailable by sufficient
sureties, except for capital offenses, when the proof is evident or the
presumption great; and the privilege of the writ of habeas corpus
shall not be suspended, unless, when in cases of rebellion or inva-
sion, the public safety may require.
SEC. 8. Every person is entitled to a certain remedy in the laws
for all injuries or wrongs which he may receive in his person,
1 The clause in brackets was adopted Nov. 4, 1890.
68
CONSTITUTION OF MINNESOTA.
property or character; he ought to obtain justice freely and with-
out purchase; completely and without denial; promptly and without
delay, conformable to the laws.
SEC. 9. Treason against the State shall consist only in levying
war against the same, or in adhering to its enemies, giving them
aid and comfort. No person shall be convicted of treason unless
on the testimony of two witnesses to the same overt act, or on con-
fession in open court.
SEC. 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; and no warrant shall issue but upon probable
cause, supported by oath or affirmation, and particularly describing
the place to be searched, and the person or things to be seized.
SEC. II. No bill of attainder, ex post facto law, nor any law
impairing the obligation of contracts, shall ever be passed, and no
conviction shall work corruption of blood or forfeiture of estate.
SEC. 12. No person shall be imprisoned for debt in this State,
but this shall not prevent the legislature from providing for impris-
onment, or holding to bail, persons charged with fraud in contract-
ing said debt. A reasonable amount of property shall be exempt
from seizure or sale for the payment of any debt or liability. The
amount of such exemption shall be determined by law. [Provided,
however, that all property so exempted shall be liable to seizure and
sale for any debts incurred to any person for work done or mate-
rials furnished in the construction, repair or improvement of the
same; and provided, further, that such liability to seizure and sale
shall also extend to all real property for any debt incurred to any
laborer or servant for labor or service performed.] ¹
1
SEC. 13.2 Private property shall not be taken, destroyed, or dam-
aged for public use without just compensation therefor, first paid or
secured.
SEC. 14. The military shall be subordinate to the civil
power, and
no standing army shall be kept up in this State in time of peace.
SEC. 15. All lands within the State are declared to be allodial,
and feudal tenures of every description, with all their incidents, are
prohibited. Leases and grants of agricultural lands for a longer
1 The clause in brackets was adopted Nov. 6, 1888.
2 The words "destroyed or damaged" were inserted by amendment Nov. 3,
1896.
CONSTITUTION OF MINNESOTA.
69
period than twenty-one years, hereafter made, in which shall be
reserved any rent or service of any kind, shall be void.
SEC. 16. The enumeration of rights in this constitution shall not
be construed to deny or impair others retained by and inherent in
the people. The right of every man to worship God according to
the dictates of his own conscience shall never be infringed, nor
shall any man be compelled to attend, erect or support any place
of worship, or to maintain any religious or ecclesiastical ministry
against his consent; nor shall any control of or interference with
the rights of conscience be permitted, or any preference be given
by law to any religious establishment or mode of worship; but the
liberty of conscience hereby secured shall not be so construed as to
excuse acts of licentiousness, or justify practices inconsistent with
the peace or safety of the State, nor shall any money be drawn from
the treasury for the benefit of any religious societies, or religious or
theological seminaries.
SEC. 17. No religious test or amount of property shall ever be
required as a qualification for any office of public trust under the
State. No religious test or amount of property shall ever be required
as a qualification of any voter at any election in this State; nor
shall any person be rendered incompetent to give evidence in any
court of law or equity, in consequence of his opinion upon the
subject of religion.
ARTICLE II.
NAME AND BOUNDARIES.
SECTION 1. This State shall be called and known by the name
of the state of Minnesota, and shall consist of and have jurisdiction
over the territory embraced in the following boundaries, to-wit:
Beginning at the point in the center of the main channel of the
Red River of the North, where the boundary line between the
United States and British Possessions crosses the same; thence up
the main channel of said river to that of the Bois des Sioux river;
thence up the main channel of said river to Lake Traverse; thence
up to the center of said lake to the southern extremity thereof;
thence in a direct line to the head of Big Stone lake; thence through
its center to its outlet; thence by a due south line to the north line
70
CONSTITUTION OF MINNESOTA.
of the state of Iowa; thence east along the northern boundary of
said State to the main channel of the Mississippi river; thence up
the main channel of said river and following the boundary line of
the state of Wisconsin until the same intersects the St. Louis river;
thence down the said river to and through Lake Superior, on the
boundary line of Wisconsin and Michigan, until it intersects the
dividing line between the United States and British Possessions;
thence up Pigeon river and following said dividing line to the place
of beginning.
SEC. 2. The state of Minnesota shall have concurrent jurisdiction
on the Mississippi and on all other rivers and waters bordering on
the said state of Minnesota, so far as the same shall form a common
boundary to said State, and any other state or states now or here-
after to be formed by the same; and said rivers and waters, and
navigable waters leading into the same, shall be common highways,
and forever free, as well to the inhabitants of said State as to other
citizens of the United States, without any tax, duty, impost, or toll
therefor.
SEC. 3. The propositions contained in the act of Congress en-
titled, “ An act to authorize the people of the territory of Minnesota
to form a constitution and state government, preparatory to their
admission into the Union on equal footing with the original states,"
are hereby accepted, ratified and confirmed, and shall remain irrevo-
cable without the consent of the United States; and it is hereby
ordained that this State shall never interfere with the primary dis-
posal of the soil within the same, by the United States, or with any
regulations Congress may find necessary for securing the title to
said soil to bona fide purchasers thereof; and no tax shall be im-
posed on lands belonging to the United States, and in no case shall
non-resident proprietors be taxed higher than residents.
ARTICLE III.
DISTRIBUTION OF THE POWERS OF GOVERNMENT.
SECTION 1. The powers of government shall be divided into three
distinct departments, legislative, executive, and judicial; and no
person or persons belonging to or constituting one of these depart-
CONSTITUTION OF MINNESOTA.
71
ments, shall exercise any of the powers properly belonging to either
of the others, except in the instances expressly provided in this
constitution.
ARTICLE IV.
LEGISLATIVE DEPARTMENT.
SECTION 1. The legislature shall consist of the Senate and House
of Representatives, which shall meet biennially at the seat of gov-
ernment of the State, at such time as shall be prescribed by law,
but no session shall exceed the term of ninety (90) legislative days,
and no new bill shall be introduced in either branch, except on the
written request of the governor, during the last twenty (20) days of
such sessions, except the attention of the legislature shall be called
to some important matter of general interest by a special message
from the governor.1
SEC. 2. The number of members who compose the senate and
house of representatives shall be prescribed by law, but the repre-
sentatives in the senate shall never exceed one member for every
5,000 inhabitants, and in the house of representatives one member
for every 2,000 inhabitants. The representation in both houses
shall be apportioned equally throughout the different sections of the
State, in proportion to the population thereof, exclusive of Indians
not taxable under the provisions of law.
SEC. 3. Each house shall be the judge of the election returns
and eligibility of its own members; a majority of each shall consti-
tute a quorum to transact business, but a smaller number may
adjourn from day to day, and compel the attendance of absent mem-
bers in such manner and under such penalties as it may provide.
SEC. 4. Each house may determine the rules of its proceedings,
sit upon its own adjournment, punish its members for disorderly
behavior, and, with the concurrence of two-thirds, expel a member;
but no member shall be expelled the second time for the same
offense.
SEC. 5. The house of representatives shall elect its presiding
officer, and the senate and house of representatives shall elect such
1 Amendment adopted Nov. 6, 1888.
2
72
CONSTITUTION OF MINNESOTA.
other officers as may be provided by law; they shall keep journals
of their proceedings, and from time to time publish the same, and
the yeas and nays, when taken on any question, shall be entered on
such journals.
SEC. 6. Neither house shall, during a session of the legislature,
adjourn for more than three days (Sundays excepted), nor to any
other place than that in which the two houses shall be assembled,
without the consent of the other house.
SEC. 7. The compensation of senators and representatives shall
be three dollars per diem during the first session, but may after-
wards be prescribed by law. But no increase of compensation shall
be prescribed which shall take effect during the period for which
the members of the existing house of representatives may have been
elected.
SEC. 8. The members of each house shall in all cases, except
treason, felony, and breach of the peace, be privileged from arrest
during the session of their respective houses, and in going to or
returning from the same. For any speech or debate in either house
they shall not be questioned in any other place.
SEC. 9. No senator or representative shall, during the time for
which he is elected, hold any office under the authority of the
United States or the state of Minnesota, except that of postmaster,
and no senator or representative shall hold an office under the state
which has been created or the emoluments of which have been in-
creased during the session of the legislature of which he was a
member, until one year after the expiration of his term of office in
the legislature.
SEC. 10. All bills for raising a revenue shall originate in the
house of representatives, but the senate may propose and concur
with amendments as on other bills.
SEC. 11. Every bill which shall have passed the senate and
house of representatives, in conformity to the rules of each house
and the joint rules of the two houses, shall, before it becomes a law,
be presented to the governor of the State. If he approves he shall
sign and deposit it in the office of secretary of state for preservation,
and notify the house where it originated of the fact. But if not, he
shall return it, with his objections, to the house in which it shall
have originated; when such objections shall be entered at large on
CONSTITUTION OF MINNESOTA.
73
the journal of the same, and the house shall proceed to reconsider
the bill. If, after such reconsideration, two-thirds of that house
shall agree to pass the bill, it shall be sent, together with the objec-
tions, to the other house, by which it shall likewise be reconsidered;
and if it be approved by two-thirds of that house it shall become a
law. But in all such cases the votes of both houses shall be de-
termined 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 governor
within three days (Sundays excepted) after it shall have been pre-
sented to him, the same shall be a law in like manner as if he had
signed it, unless the legislature, by adjournment within that time,
prevents its return; in which case it shall not be a law. The gov-
ernor may approve, sign and file in the office of the secretary of
state, within three days after the adjournment of the legislature, any
act passed during the last three days of the session, and the same
shall become a law.
[If any bill presented to the governor contain several items of
appropriation of money, he may object to one or more of such items,
while approving of the other portion of the bill. In such case he
shall append to the bill, at the time of signing it, a statement of the
items to which he objects, and the appropriation so objected to shall
not take effect. If the legislature be in session, he shall transmit
to the house in which the bill originated a copy of such statement,
and the items objected to shall be separately reconsidered. If, on
consideration, one or more of such items be approved by two-thirds
of the members elected to each house, the same shall be a part of
the law, notwithstanding the objections of the governor. All the
provisions of this section, in relation to bills not approved by the gov-
ernor, shall apply in cases in which he shall withhold his approval
from any item or items contained in a bill appropriating money.] ¹
1
SEC. 12. No money shall be appropriated except by bill. Every
order, resolution or vote requiring the concurrence of the two houses
(except such as relate to the business or adjournment of the same)
shall be presented to the governor for his signature, and before the
same shall take effect, shall be approved by him, or being returned
1 This paragraph in brackets was adopted Nov. 7, 1876.
A
74
CONSTITUTION OF MINNESOTA.
by him with his objections, shall be repassed by two-thirds of the
members of the two houses, according to the rules and limitations
prescribed in case of a bill.
SEC. 13. The style of all laws of this State shall be: "Be it
enacted by the Legislature of the State of Minnesota." No law
shall be passed unless voted for by a majority of all the members
elected to each branch of the legislature, and the vote entered upon
the journal of each house.
SEC. 14. The house of representatives shall have the sole power
of impeachment, through a concurrence of a majority of all the
members elected to seats therein. All impeachments shall be tried
by the senate; and when sitting for that purpose the senators shall
be upon oath or affirmation to do justice according to law and evi-
dence. No person shall be convicted without the concurrence of
two-thirds of the members present.
SEC. 15. The legislature shall have full power to exclude from
the privilege of electing or being elected, any person convicted of
bribery, perjury, or any other infamous crime.
SEC. 16. Two or more members of either house shall have liberty
to dissent and protest against any act or resolution which they
may think injurious to the public or to any individual, and have the
reason of their dissent entered on the journal.
SEC. 17. The governor shall issue writs of election to fill such
vacancies as may occur in either house of the legislature. The legis-
lature shall prescribe by law the manner in which evidence in cases
of contested seats in either house shall be taken.
SEC. 18. Each house may punish by imprisonment during its
session, any person, not a member, who shall be guilty of any dis-
orderly or contemptuous behavior in their presence; but no such
imprisonment shall at any time exceed twenty-four hours.
SEC. 19. Each house shall be open to the public during the ses-
sions thereof, except in such cases as in their opinion may require
secrecy.
SEC. 20. Every bill shall be read on three different days in each
separate house unless in case of urgency two-thirds of the house
where such bill is depending, shall deem it expedient to dispense
with this rule; and no bill shall be passed by either house until it
shall have been previously read twice at length.
CONSTI
75
CONSTITUTION OF MINNESOTA.
SEC. 21. Every bill having passed both houses shall be carefully
enrolled, and shall be signed by the presiding officer of each house.
Any presiding officer refusing to sign a bill which shall have previ-
ously passed both houses, shall thereafter be incapable of holding a
seat in either branch of the legislature, or hold any other office of
honor or profit in the State, and in case of such refusal, each house
shall, by rule, provide the manner in which such bill shall be prop-
erly certified for presentation to the governor.
SEC. 22. No bill shall be passed by either house of the legis-
lature upon the day prescribed for the adjournment of the two
houses. But this section shall not be so construed as to preclude
the enrollment of a bill, or the signature and passage from one
house to the other, or the reports thereon from committees, or its
transmission to the executive for his signature.
SEC. 23. The legislature shall provide by law for an enumeration
of the inhabitants of this State in the year one thousand eight hun-
dred and sixty-five, and every tenth year thereafter. At their first
session after each enumeration so made, and also at their first ses-
sion after each enumeration made by the authority of the United
States, the legislature shall have the power to prescribe the bounds
of congressional, senatorial and representative districts, and to ap-
portion anew the senators and representatives among the several
districts according to the provisions of section second of this article.
SEC. 24. The senators shall also be chosen by single districts of
convenient contiguous territory, at the same time that members of
the house of representatives are required to be chosen, and in the
same manner; and no representative district shall be divided in the
formation of a senate district. The senate districts shall be num-
bered in a regular series. The terms of office of senators and rep-
resentatives shall be the same as now prescribed by law until the
general election in the year one thousand eight hundred and
seventy-eight (1878), at which time there shall be an entire new
election of all the senators and representatives. Representatives
chosen at such election, or at any election thereafter, shall hold
their office for the term of two years, except it be to fill a vacancy,
and the senators chosen at such election by districts designated as
odd numbers, shall go out of office at the expiration of the second
year, and senators chosen by districts designated by even numbers
76
CONSTITUTION OF MINNESOTA.
shall go out of office at the expiration of the fourth year; and there-
after senators shall be chosen for four years, except there shall be
an entire new election of all the senators at the election of repre-
sentatives next succeeding each new apportionment provided for in
this article.
SEC. 25. Senators and representatives shall be qualified voters
of the state, and shall have resided one year in the state and six
months immediately preceding the election in the district from
which they are elected.
SEC. 26. Members of the senate of the United States from this
state shall be elected by the two houses of the legislature in joint
convention, at such time and in such manner as may be provided
by law.
SEC. 27. No law shall embrace more than one subject, which
shall be expressed in its title.
SEC. 28. Divorces shall not be granted by the legislature.
SEC. 29. All members and officers of both branches of the
legislature shall, before entering upon the duties of their respective
trusts, take and subscribe an oath or affirmation to support the
Constitution of the United States, the constitution of the state of
Minnesota, and faithfully and impartially to discharge the duties
devolving upon him as such member or officer.
SEC. 30. In all elections to be made by the legislature, the mem-
bers thereof shall vote viva voce, and their votes shall be entered
on the journal.
SEC. 31. The legislature shall never authorize any lottery, or the
sale of lottery tickets.
SEC. 32. [a] Any law providing for the repeal or amendment of
any law or laws heretofore or hereafter enacted, which provides that
any railroad company now existing in this State, or operating its
road therein, or which may be hereafter organized, shall in lieu of
all other taxes and assessments upon their real estate, roads, rolling
stock, and other personal property, at and during the time and
periods therein specified, pay into the treasury of this State a cer-
tain percentage therein mentioned of the gross earnings of such
railroad companies now existing or hereafter organized, shall, before
the same shall take effect or be in force, be submitted to a vote of
the people or the State, and be adopted and ratified by a majority
CONSTITUTION OF MINNESOTA.
77
of the electors of the State voting at the election at which the same
shall be submitted to them.¹
SEC. 32. [6] All lands donated to the state of Minnesota for the
purpose of internal improvement, under the eighth section of the
act of Congress, approved September fourth, eighteen hundred and
forty-one, being "An act to appropriate the proceeds of the sale
of the public lands, and to grant pre-emption rights," shall be
appraised and sold, in the same manner and by the same officers,
and the minimum price shall be the same as is provided by law for
the appraisement and sale of the school lands, under the provisions
of title one (1), chapter thirty-eight (38), of the General Statutes,
except the modifications hereinafter mentioned. All moneys derived
from the sales of said lands shall be invested in the bonds of the
United States, or of the state of Minnesota issued since 1860; and
the moneys so invested shall constitute the Internal Improvement
Land Fund of the State. All moneys received by the county treas-
urer under the provisions of title one (1), chapter thirty-eight (38),
aforesaid, derived from the sale of internal improvement lands,
shall be held at all times subject to the order and direction of the
state treasurer, for the benefit of the fund to which it belongs; and
on the fifteenth day of June in each year, and at such other times
as he may be requested so to do by the state treasurer, he shall pay
over to the said state treasurer all moneys received on account of
such fund.
The bonds purchased in accordance with this amendment shall
be transferable only upon the order of the governor, and on each
bond shall be written, "Minnesota Internal Improvement Land
Fund of the State, transferable only on the order of the gov-
ernor."
The principal sum from all sales of internal improvement lands
shall not be reduced by any charges or costs of officers, by fees, or
by any other means whatever; and section fifty (50), of title one
(1), of chapter thirty-eight (38), of the General Statutes, shall not
be applicable to the provisions of this amendment, and wherever
the words "school lands" are used in said title, it shall read as
applicable to this amendment, "Internal Improvement Lands.”
1 This section was adopted Nov. 8, 1871.
78
CONSTITUTION OF MINNESOTA.
The moneys belonging to the Internal Improvement Land Fund
shall not be appropriated for any purpose whatever, until the enact-
ment for that purpose shall have been approved by a majority of
the electors of the State, voting at the annual general election
following the passage of the act.
The force of this amendment shall be to authorize the sale of the
internal improvement lands, without further legislative enactment.¹
SEC. 33.2 In all cases where a general law can be made applica-
ble no special law shall be enacted; and whether a general law
could have been made applicable in any case is hereby declared a
judicial question, and as such shall be judicially determined without
regard to any legislative assertion on that subject. The legislature
shall pass no local or special law regulating the affairs of, or incor-
porating, erecting, or changing the lines of any county, city, village,
township, ward, or school district, or creating the offices, or prescrib-
ing the powers and duties of the officers of, or fixing or relating to
the compensation, salary, or fees of the same, or the mode of
election or appointment thereto; authorizing the laying out, open-
ing, altering, vacating, or maintaining roads, highways, streets, or
alleys; remitting fines, penalties, or forfeitures; regulating the
powers, duties and practice of justices of the peace, magistrates and
constables; changing the names of persons, places, lakes, or rivers;
for opening and conducting of elections, or fixing or changing the
places of voting; authorizing the adoption or legitimation of chil-
dren; changing the law of descent or succession; conferring rights
upon minors, declaring any named person of age; giving effect to
informal or invalid wills or deeds, or affecting the estates of minors
or persons under disability; locating or changing county seats;
regulating the management of public schools, the building or repair-
ing of schoolhouses, and the raising of money for such purposes;
exempting property from taxation, or regulating the rate of interest
on money; creating corporations, or amending, renewing, extend-
ing, or explaining the charters thereof; granting to any corporation,
association or individual any special or exclusive privilege, immu-
nity, or franchise whatever, or authorizing public taxation for a pri-
1 This section was adopted Nov. 5, 1872.
2 This section was adopted Nov. 8, 1892.
CONSTITUTION OF MINNESOTA.
79
vate purpose. Provided, however, That the inhibitions of local or
special laws in this section shall not be construed to prevent the
passage of general laws on any of the subjects enumerated.
The Legislature may repeal any existing special or local law, but
shall not amend, extend, or modify any of the same.
SEC. 34. The legislature shall provide general laws for the
transaction of any business that may be prohibited by section
one (1) of this amendment, and all such laws shall be uniform in
their operation throughout the State.¹
SEC. 35. Any combination of persons, either as individuals or as
members or officers of any corporation, to monopolize the markets
for food products in this State, or to interfere with, or restrict the
freedom of such markets, is hereby declared to be a criminal con-
spiracy, and shall be punished in such manner as the legislature
may provide.2
3
SEC. 36. Any city or village in this State may frame a charter
for its own government as a city consistent with and subject to the
laws of this State as follows: The legislature shall provide, under
such restrictions as it deems proper, for a board of fifteen freeholders,
who shall be and for the past five years shall have been qualified
voters thereof, to be appointed by the district judges of the judicial
district in which the city or village is situated, which board shall
within six months after its appointment return to the chief magis-
trate of such city or village a draft of such charter signed by the
members of said board, or a majority thereof. Such charter shall
be submitted to the qualified voters of such city or village at the
next election thereafter, and if four-sevenths of the qualified voters
voting at such election shall ratify the same it shall at the end of
thirty days thereafter become the charter of such city or village as a
city, and supersede any existing charter and amendments thereof;
provided, that in cities having patrol limits now established, such
charter shall require a three-fourths majority vote of the qualified
1 [Understood to refer to Section 33, above.]
2 Adopted Nov. 6, 1888.
8 Adopted Nov. 8, 1898.
80
CONSTITUTION OF MINNESOTA.
voters, voting at such election, to change the patrol limits now
established.
Before any city shall incorporate under this act, the legislature
shall prescribe by law the general limits within which such charter
shall be framed. Duplicate certificates shall be made setting forth
the charter proposed and its ratification, which shall be signed by
the chief magistrate of said city or village, and authenticated by its
corporate seal. One of said certificates shall be deposited in the
office of the secretary of state, and the other, after being recorded
in the office of the register of deeds for the county in which such
city or village lies, shall be deposited among the archives of such
city or village, and all courts shall take judicial notice thereof. Such
charter so deposited may be amended by a proposal therefor made
by a board of fifteen freeholders aforesaid, published for at least
thirty days in three newspapers of general circulation in such city
or village, and accepted by three-fifths of the qualified voters of such
city or village voting at the next election, and not otherwise; but
such charter shall always be in harmony with and subject to the con-
stitution and laws of the State of Minnesota. The legislature may
prescribe the duties of the commission relative to submitting amend-
ments of charter to the vote of the people.
The board of freeholders above provided for shall be permanent,
and all the vacancies by death, disability to perform duties, resigna-
tion or removal from the corporate limits shall be filled by appoint-
ment in the same manner as the original board was created, and said
board shall always contain its full complement of members.
It shall be a feature of all such charters that there shall be pro-
vided, among other things, for a mayor or chief magistrate, and a
legislative body of either one or two houses; if of two houses at
least one of them shall be elected by general vote of the citizens.
In submitting any such charter or amendment thereto to the quali-
fied voters of such city or village any alternate section or article may
be presented for the choice of the voters, and may be voted on sepa-
rately without prejudice to other articles or sections of the charter
or any amendment thereto.
The legislature may provide general laws relating to affairs of
cities, the application of which may be limited to cities of over fifty
CONSTITUTION OF MINNESOTA.
81
thousand inhabitants, or to cities of fifty and not less than fifteen
thousand inhabitants, or to cities of fifteen thousand inhabitants or
less, which shall apply equally to all such cities of either class, and
which shall be paramount while in force to the provisions relating
to the same matter included in the local charter herein provided for.
But no local charter, provision or ordinance passed thereunder shall
supersede any general law of the State defining or punishing crimes
or misdemeanors.
ARTICLE V.
EXECUTIVE DEPARTMENT.
SECTION 1. The executive department shall consist of a governor,
lieutenant governor, secretary of state, auditor, treasurer and attorney
general, who shall be chosen by the electors of the State.
SEC. 2.1 The returns of every election for the officers named in
the foregoing section, shall be made to the secretary of state, who
shall call to his assistance two or more of the judges of the supreme
court, and two disinterested judges of the district courts of the
State, who shall constitute a board of canvassers, who shall open
and canvas said returns and declare the result within three days
after such canvass.
SEC. 3. The term of office for the governor and lieutenant
governor shall be two years, and until their successors are chosen
and qualified. Each shall have attained the age of twenty-five (25)
years, and shall have been a bona fide resident of the State for one
year next preceding his election. Both shall be citizens of the
United States.
2
SEC. 4. The governor shall communicate by message to each
session of the legislature such information touching the state and
condition of the country as he may deem expedient. He shall be
commander-in-chief of the military and naval forces, and may call
out such forces to execute the laws, suppress insurrection and repel
invasion. He may require the opinion, in writing, of the principal
1 As amended Nov. 6, 1877.
2 As amended relative to pardons Nov. 3, 1896.
82
CONSTITUTION OF MINNESOTA.
officer in each of the executive departments, upon any subject relating
to the duties of their respective offices; and he shall have power
in conjunction with the board of pardons, of which the governor
shall be ex-officio a member, and the other members of which shall
consist of the attorney general of the State of Minnesota and the
chief justice of the supreme court of the State of Minnesota, and
whose powers and duties shall be defined and regulated by law, to
grant reprieves and pardons after conviction, for offenses against
the State except in cases of impeachment. He shall have power by
and with the advice and consent of the senate to appoint a state
librarian and notaries public, and such other officers as may be pro-
vided by law. He shall have power to appoint commissioners to
take the acknowledgment of deeds or other instruments in writing,
to be used in the State. He shall have a negative upon all laws
passed by the legislature, under such rules and limitations as are in
this constitution prescribed. He may on extraordinary occasions
convene both houses of the legislature. He shall take care that the
laws be faithfully executed, fill any vacancy that may occur in the
office of secretary of state, treasurer, auditor, attorney general, and
such other state and district offices as may be hereafter created by
law, until the next annual election, and until their successors are
chosen and qualified.
SEC. 5. The official term of the secretary of state, treasurer and
attorney general, shall be two (2) years. The official term of the
state auditor shall be four (4) years, and each shall continue in
office until his successor shall have been elected and qualified.
The further duties and salaries of said executive officers shall each
be prescribed by law.1
SEC. 6. The lieutenant governor shall be ex-officio president of
the senate; and in case a vacancy shall occur, from any cause what-
ever, in the office of governor, he shall be governor during such
vacancy. The compensation of lieutenant governor shall be double
the compensation of a state senator. Before the close of each ses-
sion of the senate they shall elect a president pro tempore, who shall
be lieutenant governor in case a vacancy should occur in that office.
1 Adopted Nov. 6, 1883.
CONSTITUTION OF MINNESOTA.
83
SEC. 7. The term of each of the executive officers named in this
article shall commence on taking the oath of office on or after the
first day of May, 1858, and continue until the first Monday of
January, 1860, except the auditor, who shall continue in office till
the first Monday of January, 1861, and until their successors shall
have been duly elected and qualified; and the same above men-
tioned time for qualification and entry upon the duties of their re-
spective offices, shall extend and apply to all other officers elected
under the state constitution, who have not already taken the oath
of office, and commenced the performance of their official duties.¹
SEC. 8. Each officer created by this article, shall, before enter-
ing upon his duties, take an oath or affirmation to support the Con-
stitution of the United States and of this State, and faithfully dis-
charge the duties of his office to the best of his judgment and
ability.
SEC. 9. Laws shall be passed at the first session of the legisla-
ture after the State is admitted into the Union, to carry out the
provisions of this article.
*
ARTICLE VI.
JUDICIARY.
SECTION I. The judicial power of the State shall be vested in a
supreme court, district courts, courts of probate, justices of the
peace, and such other courts, inferior to the supreme court, as the
legislature may from time to time establish by a two-thirds vote.
SEC. 2. The supreme court shall consist of one chief justice and
two associate justices, but the number of the associate justices may
be increased to a number not exceeding four, by the legislature, by
a two-thirds vote, when it shall be deemed necessary.. It shall have
original jurisdiction in such remedial cases as may be prescribed by
law, and appellate jurisdiction in all cases, both in law and equity,
but there shall be no trial by jury in said court. It shall hold one
or more terms in each year, as the legislature may direct, at the
seat of government, and the legislature may provide, by a two-
thirds vote, that one term in each year shall be held in each or any
1 This section was adopted April 15, 1858.
84
CONSTITUTION OF MINNESOTA.
judicial district. It shall be the duty of such court to appoint a
reporter of its decisions. There shall be chosen by the qualified
electors of the State, one clerk of the supreme court, who shall hold
his office for the term of four years, and until his successor is duly
elected and qualified, and the judges of the supreme court, or a
majority of them, shall have the power to fill any vacancy in the
office of clerk of the supreme court until an election can be regularly
had.
SEC. 3. The judges of the supreme court shall be elected by the
electors of the State at large, and their term of office shall be six
years, and until their successors are elected and qualified.
[Whenever all or a majority of the judges of the supreme court
shall, from any cause, be disqualified from sitting in any case in said
court, the governor, or, if he shall be interested in the result of such
case, then the lieutenant governor, shall assign judges of the district
court of the State, who shall sit in such case in place of such dis-
qualified judges, with all the powers and duties of judges of the
supreme court.]¹
SEC. 4. The State shall be divided by the legislature into judi-
cial districts, which shall be composed of contiguous territory, be
bounded by county lines, and contain a population as nearly equal
as may be practicable. In each judicial district, one or more judges,
as the legislature may prescribe, shall be elected by the electors
thereof, whose term of office shall be six years, and each of said
judges s'all severally have and exercise the powers of the court
under such limitations as may be prescribed by law. Every district
judge s'all at the time of his election be a resident of the district
for which he shall be elected, and shall reside therein during his
contin' ance in office. In case any court of common pleas hereto-
fore established shall be abolished, the judge of said court may be
constituted by the legislature one of the judges of the district court
of the district wherein such court has been so established, for a
pericd not exceeding the unexpired term for which he was elected.2
Suc. 5. The district courts shall have original jurisdiction in all
civil cases, both in law and equity, where the amount in controversy
•
Paragraph in brackets added Nov. 7, 1876.
This section was adopted Nov. 5, 1875.
CONSTITUTION OF MINNESOTA.
85
exceeds one hundred dollars, and in all criminal cases where the
punishment shall exceed three months' imprisonment or a fine of
more than one hundred dollars, and shall have such appellate juris-
diction as may be prescribed by law. The legislature may provide
by law that the judge of one district may discharge the duties of
judge of any other district not his own, when convenience or the
public interest may require it.
SEC. 6. The judges of the supreme and district courts shall be
men learned in the law, and shall receive such compensation at
stated times as may be prescribed by the legislature, which compen-
sation shall not be diminished during their continuance in office,
but they shall receive no other fee or reward for their services.
SEC. 7. There shall be established in each organized county
in the State a probate court, which shall be a court of record,
and be held at such time and places as may be prescribed by
law. It shall be held by one judge, who shall be elected by the
voters of the county for the term of two years. He shall be a
resident of such county at the time of his election, and reside
therein during his continuance in office; and his compensation
shall be provided by law. He may appoint his own clerk where
none has been elected; but the legislature may authorize the
election, by the electors of any county, of one clerk or register of
probate for such county, whose powers, duties, term of office,
and compensation shall be prescribed by law. A probate court
shall have jurisdiction over the estates of deceased persons and
persons under guardianship; but no other jurisdiction, except
as prescribed by this constitution.
SEC. 8. The legislature shall provide for the election of a suf-
ficient number of justices of the peace in each county, whose
term of office shall be two years, and whose duties and compen-
sation shall be prescribed by law. Provided, That no justice of
the peace shall have jurisdiction of any civil cause where the
amount in controversy shall exceed one hundred dollars, nor in a
criminal cause where the punishment shall exceed three months'
imprisonment, or a fine over one hundred dollars, nor in any cause
involving the title to real estate.
SEC. 9. All judges other than those provided for in this con-
stitution, shall be elected by the electors of the judicial district,
86
CONSTITUTION OF MINNESOTA.
county or city, for which they shall be created, not for a longer
term than seven years.
SEC. 10. In case the office of any judge become vacant before
the expiration of the regular term for which he was elected, the
vacancy shall be filled by appointment by the governor until a
successor is elected and qualified. And such successor shall be
elected at the first annual election that occurs more than thirty
days after the vacancy shall have happened.
SEC. 11. The justices of the supreme court and the district
courts shall hold no office under the United States, nor any other
office under this State. And all votes for either of them for any
elective office under this constitution, except a judicial office
given by the legislature or the people, during their continuance
in office, shall be void.
SEC. 12. The legislature may at any time change the number
of judicial districts or their boundaries, when it shall be deemed
expedient; but no such change shall vacate the office of any
judge.
SEC. 13. There shall be elected in each county where a dis-
trict court shall be held, one clerk of said court, whose qualifi-
cations, duties and compensation shall be prescribed by law, and
whose term of office shall be four years.
SEC. 14. Legal pleadings and proceedings in the courts of
this State shall be under the direction of the legislature. The
style of all process shall be, "The State of Minnesota," and all
indictments shall conclude, "against the peace and dignity of
the State of Minnesota."
SEC. 15. The legislature may provide for the election of one
person in each organized county in this State, to be called a
court commissioner, with judicial power and jurisdiction not ex-
ceeding the power and jurisdiction of a judge of the district
court at chambers; or the legislature may, instead of such elec-
tion, confer such power and jurisdiction upon the judges of probate
in the State.
CONSTITUTION OF MINNESOTA.
87
SECTION I.
ARTICLE VII.
ELECTIVE FRANCHISE.
What persons are entitled to vote:
·
Every male person of the age of twenty-one (21) years or upwards,
belonging to either of the following classes, who has resided in this
State six (6) months next preceding any election, shall be entitled
to vote at such election, in the election district of which he shall at
the time have been for thirty (30) days a resident, for all officers
that now are, or hereafter may be, elective by the people.
First Citizens of the United States who have been such for the
period of three (3) months next preceding any election.
Second Persons of mixed white and Indian blood who have
adopted the customs and habits of civilization.
Third Persons of Indian blood residing in this State who have
adopted the language, customs and habits of civilization, after an
examination before any district court of the State, in such manner
as may be provided by law, and shall have been pronounced by said
court capable of enjoying the rights of citizenship within the State.
SEC. 2. No person not belonging to one of the classes specified
in the preceding section; no person who has been convicted of
treason or any felony, unless restored to civil rights; and no person
under guardianship, or who may be non compos mentis or insane,
shall be entitled or permitted to vote at any election in the State.
SEC. 3. For the purpose of voting, no person shall be deemed
to have lost a residence by reason of his absence while employed in
the service of the United States; nor while engaged upon the waters
of this State or of the United States; nor while a student in any
seminary of learning; nor while kept at any almshouse or asylum;
nor while confined in any public prison.
SEC. 4. No soldier, seaman or marine in the army or navy of the
United States, shall be deemed a resident of this State in conse-
quence of being stationed within the same.
SEC. 5. During the day on which any election shall be held, no
person shall be arrested by virtue of any civil process.
1 Amended Nov. 3, 1896.
88
CONSTITUTION OF MINNESOTA.
SEC. 6. All elections shall be by ballot, except for such town
officers as may be directed by law to be otherwise chosen.
SEC. 7. Every person wl.o by the provisions of this article shall
be entitled to vote at any election, shall be eligible to any office
which now is, or hereafter shall be, elective by the people in the
district wherein he shall have resided thirty days previous to such
election, except as otherwise provided in this constitution, or the
Constitution and laws of the United States.
SEC. 8. Women may vote for school officers and members of
library boards, and shall be eligible to hold any office pertaining to
the management of schools or libraries.
Any woman of the age of twenty-one (21) years and upward, and
possessing the qualifications requisite to a male voter, may vote at
any election held for the purpose of choosing any officers of schools
or any members of library boards, or upon any measure relating to
schools or libraries, and shall be eligible to hold any office pertaining
to the management of schools and libraries.¹
SEC. 9. The official year for the State of Minnesota shall com-
mence on the first Monday in January in each year, and all terms of
office shall terminate at that time; and the general election shall be
held on the first Tuesday after the first Monday in November. The
first general election for state and county officers, except judicial
officers, after the adoption of this amendment, shall be held in the
year A. D. one thousand eight hundred and eighty-four (1884), and
thereafter the general election shall be held biennially. All state,
county or other officers elected at any general election, whose terms
of office would otherwise expire on the first Monday of January, A.D.
one thousand eight hundred and eighty-six (1886), shall hold and
continue in such offices respectively until the first Monday in January,
one thousand eight hundred and eighty-seven (1887).2
ARTICLE VIII.
SCHOOL FUNDS, EDUCATION AND SCIENCE.
SECTION 1. The stability of a republican form of government
depending mainly upon the intelligence of the people, it shall be
1 Adopted Nov. 8, 1898.
2 Adopted Nov. 6, 1883.
CONSTITUTION OF MINNESOTA.
89
the duty of the legislature to establish a general and uniform system
of public schools.
SEC. 2. The proceeds of such lands as are or hereafter may be
granted by the United States for the use of schools within each
township of this State, shall remain a perpetual school fund to the
State; and not more than one-third () of said lands may be sold
in two (2) years, one-third (4) in five (5) years, and one-third (4)
in ten (10) years; but the lands of the greatest valuation shall be
sold first, provided that no portion of said lands shall be sold other-
wise than at public sale. The principal of all funds arising from
sales or other disposition of lands or other property, granted or
entrusted to this State in each township for educational purposes,
shall forever be preserved inviolate and undiminished; and the in-
come arising from the lease or sale of said school land shall be
distributed to the different townships throughout the State, in pro-
portion to the number of scholars in each township, between the
ages of five and twenty-one years; and shall be faithfully applied
to the specific objects of the original grants or appropriations.
[Suitable laws shall be enacted by the legislature for the safe in-
vestment of the principal of all funds which have heretofore arisen
or which may hereafter arise from the sale or other disposition of
such lands, or the income from such lands accruing in any way
before the sale or disposition thereof, in interest bearing bonds of
the United States, or of the state of Minnesota, issued after the year
one thousand eight hundred and sixty (1860), or of such other state
as the legislature may, by law, from time to time direct.]¹
All swamp lands now held by the State, or that may hereafter
accrue to the State, shall be appraised and sold in the same manner
and by the same officers, and the minimum price shall be the same
less one-third (§), as is provided by law for the appraisement and
sale of the school lands under the provisions of title one (1) of
chapter thirty-eight (38) of the General Statutes. The principal of
all funds derived from sales of swamp lands as aforesaid, shall forever
be preserved inviolate and undiminished. One-half () of the
proceeds of said principal shall be appropriated to the common
school fund of the State; the remaining one-half (1) shall be appro-
1 Paragraph in brackets adopted Nov. 5, 1875.
90
CONSTITUTION OF MINNESOTA.
priated to the educational and charitable institutions of the State in
the relative ratio of cost to support said institutions.¹
SEC. 3. The legislature shall make such provisions, by taxation
or otherwise, as, with the income arising from the school fund, will
secure a thorough and efficient system of public schools in each
township in the State.
[But in no case shall the moneys derived as aforesaid, or any
portion thereof, or any public moneys or property, be appropriated
or used for the support of schools wherein the distinctive doctrines,
creeds or tenets of any particular Christian or other religious sect
are promulgated or taught.]2
SEC. 4. The location of the University of Minnesota, as estab-
lished by existing laws, is hereby confirmed, and said institution is
hereby declared to be the University of the State of Minnesota. All
the rights, immunities, franchises and endowments heretofore granted
or conferred, are hereby perpetuated unto the said university; and
all lands which may be granted hereafter by Congress, or other
donations for said university purposes, shall vest in the institution
referred to in this section.
SEC. 5.8 The permanent school funds of the State may be loaned
upon interest at the rate of five (5) per cent per annum to the sev-
eral counties or school districts of the State, to be used in the erec-
tion of county or school buildings. No such loan shall be made
until approved by a board consisting of the governor, the state
auditor and the state treasurer, who are hereby constituted an
investment board for the purpose of the loans hereby authorized;
nor shall any such loan be for an amount exceeding three (3) per
cent of the last preceding assessed valuation of the real estate of
the county or school district receiving the same. The state auditor
shall annually, at the time of certifying the state tax to the several
county auditors, also certify to each auditor to whose county, or to
any of the school districts of whose county any such loan shall have
been made, the tax necessary to be levied to meet the accruing
interest or principal of any such loan, and it shall be the duty of
1 Adopted Nov. 8, 1881.
2 Paragraph in brackets adopted Nov. 6, 1877.
8 Adopted Nov. 2, 1886.
CONSTITUTION OF MINNESOTA.
91
every such county auditor forthwith to levy and extend such tax
upon all the taxable property in his county, or of the several school
districts respectively, liable for such loans as the case may be
and in all such cases the tax so assessed shall be fifty (50) per cent
in excess of the amount actually necessary to be raised on account
of such accruing principal or interest. It shall be levied, collected
and paid into the county and state treasuries in the same manner as
state taxes, and any excess collected over the amount of such princi-
pal or interest accruing in any given year shall be credited to the
general funds of the respective counties or school districts. No
change of the boundaries of any school district after the making of
any such loan shall operate to withdraw any property from the taxa-
tion herein provided for; nor shall any law be passed extending the
time of payment of any such principal or interest, or reducing the
rate of such interest, or in any manner waiving or impairing any·
rights of the State in connection with any such loan. Suitable
laws, not inconsistent with this amendment, may be passed by the
legislature for the purpose of carrying the same into effect.
SEC. 6.1 The permanent school and university fund of this State
may be invested in the purchase of bonds of any county, school
district, city, town or village of this State, but no such investment
shall be made until approved by the board of commissioners desig-
nated by law to regulate the investment of the permanent school
fund and the permanent university fund of this State; nor shall such
loan or investment be made when the issue of which the same in
part would make the entire bonded indebtedness exceed seven per
cent of the assessed valuation of the taxable real property of the
county, school district, city, town or village issuing such bonds;
nor shall such loans or indebtedness be made at a lower rate of
interest than three per cent per annum nor for a shorter period than
five (5) years nor for a longer period than twenty (20) years, and
no change of the town, school district, village, city or county lines
shall relieve the real property in such town, school district, county,
village or city in this State at the time of the issuing of such bonds
from any liability for taxation to pay such bonds.
1 Adopted Nov. 3, 1896.
92
CONSTITUTION OF MINNESOTA.
ARTICLE IX.
FINANCE OF THE STATE, AND BANKS AND BANKING
SECTION 1. All taxes to be raised in this State shall be as nearly
equal as may be, and all property on which taxes are to be levied
shall have a cash valuation and be equalized and uniform through-
out the State, provided that the legislature may by general law or
special act, authorize municipal corporations to levy assessments for
local improvements upon the property fronting upon such improve-
ments, or upon the property to be benefited by such improvements,
or both, without regard to a cash valuation, and in such manner as
the legislature may prescribe. And provided further, that for the
purpose of defraying the expenses of laying water pipes and supply-
ing any city or municipality with water, the legislature may, by gen-
eral or special law, authorize any such city or municipality, having
a population of five thousand (5000) or more, to levy an annual
tax or assessment upon the lineal foot of all lands fronting on any
water main or water pipe laid by such city or municipality within
corporate limits of said city for supplying water to the citizens
thereof without regard to the cash value of such property, and to
empower such city to collect any such tax, assessments or fines, or
penalties for failure to pay the same, or any fine or penalty for any
violation of the rules of such city or municipality in regard to the
use of water, or for any water rate due for the same.¹ And provided
further, that there may be by law levied and collected a tax upon all
inheritances, devises, bequests, legacies and gifts of every kind and
description above a fixed and specified sum, of any and all natural
persons and corporations. Such tax above such exempted sum may
be uniform, or it may be graded or progressive, but shall not exceed
a maximum tax of five per cent.²
1 Adopted Nov. 2, 1869, and Nov. 8, 1881.
2 Adopted Nov. 6, 1894.
CONSTITUTION OF MINNESOTA
93
SEC. 2. The legislature shall provide for an annual tax sufficient
to defray the estimated [ordinary] expenses of the State for each
year; and whenever it shall happen that such ordinary expenses of
the State for any year shall exceed the income of the State for such
year, the legislature shall provide for levying a tax for the ensuing
year sufficient with other sources of income to pay the deficiency of
the preceding year, together with the estimated expenses of such
ensuing year. [But no law levying a tax, or making other provisions
for the payment of interest or principal of the bonds denominated
"Minnesota State Railroad Bonds," shall take effect or be in force
until such law shall have been submitted to a vote of the people of
the State, and adopted by a majority of the electors of the State
voting upon the same.]¹
SEC. 3. Laws shall be passed taxing all moneys, credits, invest-
ments in bonds, stocks, joint stock companies, or otherwise, and
also all real and personal property, according to its true value in
money; but public burying grounds, public schoolhouses, public
hospitals, academies, colleges, universities, and all seminaries of
learning, all churches, church property used for religious purposes,
and houses of worship, institutions of purely public charity, public
property used exclusively for any public purpose, and personal
property to an amount not exceeding in value two hundred dollars
for each individual, shall, by general laws, be exempt from taxa-
tion.
SEC. 4. Laws shall be passed for taxing the notes and bills dis-
counted or purchased, moneys loaned, and other property, effects
or dues of every description, of all banks and all bankers, so that
all property employed in banking shall always be subject to a taxa-
tion equal to that imposed on the property of individuals.
1 These amendments were adopted Nov. 6, 1860.
94
CONSTITUTION OF MINNESOTA.
SEC. 5.1 For the purpose of defraying extraordinary expenditures,
the State may contract public debts, but such debts shall never, in
the aggregate, exceed $250,000; every such debt shall be authorized
by law, for some single object, to be distinctly specified therein;
and no such law shall take effect until it shall have been passed by
the vote of two-thirds of the members of each branch of the legis-
lature, to be recorded by yeas and nays on the journals of each
house respectively; and every such law shall levy a tax annually
sufficient to pay the annual interest of such debt, and also a tax
sufficient to pay the principal of such debt within ten years from
the final passage of such law, and shall specially appropriate the
proceeds of such taxes to the payment of such principal and inter-
est; and such appropriation and taxes shall not be repealed, post-
poned or diminished, until the principal and interest of such debt
shall have been wholly paid. The State shall never contract any
debts for works of internal improvements, or be a party in carrying
on such works, except in cases where grants of land or other prop-
erty shall have been made to the State, especially dedicated by the
grant to specific purposes, and in such cases the State shall devote
thereto the avails of such grants, and may pledge or appropriate the
revenues derived from such works in aid of their completion.
SEC. 6. All debts authorized by the preceding section shall be
contracted by loan on state bonds of amounts not less than five
hundred dollars each on interest, payable within ten years after the
final passage of the law authorizing such debt; and such bonds
shall not be sold by the State under par. A correct registry of all
such bonds shall be kept by the treasurer, in numerical order, so as
always to exhibit the number and amount unpaid, and to whom
severally made payable.
SEC. 7. The State shall never contract any public debt, unless
in time of war, to repel invasion or suppress insurrection, except in
the cases and in the manner provided in the fifth and sixth sections.
of this article.
SEC. 8. The money arising from any loan made, or debt, or
liability contracted, shall be applied to the object specified in the
act authorizing such debt or liability, or to the repayment of such
debt or liability, and to no other purpose whatever.
1 Amended April 14, 1858.
CONSTITUTION OF MINNESOTA.
95
SEC. 9. No money shall ever be paid out of the treasury of this
State except in pursuance of an appropriation by law.
SEC. 10. The credit of the State shall never be given or loaned
in aid of any individual, association or corporation. [Nor shall
there be any further issue of bonds denominated "Minnesota State
Railroad Bonds," under what purports to be an amendment to
section ten (10) of article nine (9) of the constitution, adopted
April fifteenth, eighteen hundred and fifty-eight, which is hereby
expunged from the constitution, saving, excepting and reserving to
the State, nevertheless, all rights, remedies, and forfeitures accruing
under said amendment.] ¹
SEC. 11. There shall be published by the treasurer, in at least
one newspaper printed at the seat of government, during the first
week of January in each year, and in the next volume of the acts of
legislature, detailed statements of all moneys drawn from the treas-
ury during the preceding year; for what purpose and to whom paid,
and by what law authorized; and also of all moneys received, and
by what authority and from whom.
SEC. 12.2 Suitable laws shall be passed by the legislature for
the safe keeping, transfer and disbursements of the state and school
funds; and all officers and other persons charged with the same or
any part of the same, or the safe keeping thereof, shall be required
to give ample security for all moneys and funds of any kind received
by them; to make forthwith and keep an accurate entry of each
sum received, and of each payment and transfer; and if any of said
officers or other persons shall convert to his own use in any manner
or form, or shall loan, with or without interest, or shall deposit in
his own name, or otherwise than in the name of the state of Minne-
sota; or shall deposit in banks or with any person or persons, or
exchange for [other] funds or property, any portion of the funds of
the state or of the school funds aforesaid, except in the manner
prescribed by law, every such act shall be and constitute an embez-
zlement of so much of the aforesaid state and school funds, or either
of the same, as shall be thus taken, or loaned, or deposited, or
exchanged, and shall be a felony; and any failure to pay over,
1 The clause in brackets was adopted Nov. 6, 1860.
2 Adopted Nov. 4, 1873.
96
CONSTITUTION OF MINNESOTA.
produce, or account for the state school funds, or any part of the
same entrusted to such officer or persons as by law required on
demand, shall be held and be taken to be prima facie evidence of
such embezzlement.
SEC. 13. The legislature may, by a two-thirds vote, pass a general
banking law, with the following restrictions and requirements, viz. :
First - The legislature shall have no power to pass any law
sanctioning in any manner, directly or indirectly, the suspension of
specie payments by any person, association or corporation issuing
bank notes of any description.
Second-The legislature shall provide by law for the registry of
all bills or notes issued or put in circulation as money and shall
require ample security in United States stock or state stocks for the
redemption of the same in specie; and in case of a depreciation of
said stocks, or any part thereof, to the amount of ten per cent or
more on the dollar, the bank or banks owning said stocks, shall be
required to make up said deficiency by additional stocks.
Third-The stockholders in any corporation and joint associa-
tion for banking purposes, issuing bank notes, shall be individually
liable in an amount equal to double the amount of stock owned by
them for all the debts of such corporation or association; and such
individual liability shall continue for one year after any transfer or
sale of stock by any stockholder or stockholders.
Fourth-In case of the insolvency of any bank or banking
association, the bill holders thereof shall be entitled to preference
in payment over all other creditors of such bank or association.
Fifth — Any general banking law which may be passed in accord-
ance with this article, shall provide for recording the names of all
stockholders in such corporation, the amount of stock held by each,
the time of transfer, and to whom transferred.
1
SEC. 14. [a] For the purpose of erecting and completing build-
ings for a hospital for the insane, a deaf, dumb and blind asylum,
the state prison, the legislature may by law increase the public debt
of the state to an amount not exceeding $250,000, in addition to the
public debt already heretofore authorized by the constitution; and
for that purpose may provide by law for issuing and negotiating the
1 Section 14 [a] and 14 [6] were adopted Nov. 5, 1872.
CONSTITUTION OF MINNESOTA.
97
bonds of the State, and appropriate the money only for the purpose
aforesaid; which bonds shall be payable in not less than ten, nor
more than thirty years from the date of the same, at the option of
the State.
SEC. 14. [6]¹ The legislature shall not authorize any county,
township, city, or other municipal corporation to issue bonds or to
become indebted in any manner to aid in the construction or equip-
ment of any or all railroads to any amount that shall exceed ten per
centum of the value of the taxable property within such county,
township, city or other municipal corporation; the amount of such
taxable property to be ascertained and determined by the last
assessment of said property made for the purpose of state and
county taxation previous to the incurring of such indebtedness.
SEC. 15.2 The legislature shall not authorize any county, town-
ship, city, or other municipal corporation to issue bonds, or to be-
come indebted in any manner, to aid in the construction or equip-
ment of any or all railroads to any amount that shall exceed five
(5) per centum of the value of the taxable property within such
county, township, city, or other municipal corporation. The amount
of such taxable property to be ascertained and determined by the
last assessment of said property made, for the purpose of state and
county taxation, previous to the incurring of such indebtedness.3
SEC. 16. For the purpose of lending aid in the construction
and improvement of public highways and bridges, there is hereby
created a fund to be known as the "state road and bridge fund."
Said fund shall include all moneys accruing from the income derived
from investments in the internal improvement land fund, or that
may hereafter accrue to said fund, and shall also include all funds
accruing to any state road and bridge fund, however provided.
The legislature is authorized to add to such fund for the purpose
of constructing or improving roads and bridges of this State, by
providing, in its discretion, for an annual tax levy upon the property
of this State not to exceed in any year one-twentieth (1-20) of one
(1) mill on all the taxable property within the State.
1 Section 14 [a] and 14 [b] were adopted Nov. 5, 1872.
2 Section 15 was adopted Nov. 4, 1879.
8 It would seem that Sec. 15 was designed to replace Sec. 14 [a]. — ED.
4 Adopted Nov. 8, 1898.
98
CONSTITUTION OF MINNESOTA.
The legislature is also authorized to provide for the appointment
by the governor of the State of a board to be known as the "state
highway commission," consisting of three (3) members, who shall
perform such duties as shall be prescribed by law without salary or
compensation other than personal expenses.
Such commission shall have general superintendence of the con-
struction of state roads and bridges and shall use such fund in the
construction thereof and distribute the same in the several counties.
in the State upon an equitable basis. Provided, further, that no
county shall receive in any year more than three (3) per cent or less
than one-half (¿) of one (1) per cent of the total fund thus provided
and expended during such year; and provided, further, that no
more than one-third (3) of such fund accruing in any year shall be
expended for bridges, and in no case shall more than one-third (3)
of the cost of constructing or improving any road or bridge be paid
by the State from such fund.
2
SEC. 17.1 The legislature may impose, or provide for the impo-
sition of, upon the property within this State of any and all owners
or operators, whether corporate or individual, or otherwise, of any
and all sleeping, parlor and drawing room cars, or any or either of
the same, which run in, into or through this State; also upon the
property within this State of any and all telegraph and telephone
companies, or owners, whose lines are in, or extend in, into or
through this State; also upon the property within this State of all
express companies, or owners, or any or either of the same, doing
business in this State; also upon the property within this State of
all domestic insurance companies of this State of any kind; also
upon the property within this State of any and all foreign insurance
companies doing business in this State of any kind; also upon the
property within this State of all owners or operators of any and all
mines or of mineral ores situated in this State; also upon the prop-
erty within this State of all boom companies or owners, and of all
ship builders or owners doing business in this State or having a port
therein; provided, that this act shall not apply to property owned by
railroad companies, their lands and other property; and upon the
property of either or any of such companies or owners a tax, as uni-
1 Sec. 17 adopted Nov. 3, 1896.
CONSTITUTION OF MINNESOTA.
99
form as reasonably may be with the taxes imposed upon similar
property in said State, or upon the earnings thereof within this
State, but may be graded or progressive, or both, and in providing
for such tax, or in providing for ascertaining the just and true value
of such property, it shall be competent for the legislature, in either
or all of such cases, to impose such tax, upon any or all property
thereof within this State, and in either case by taking as the basis of
such imposition the proportionate business, earnings, mileage or
quantity of production or property now or hereafter existing of any
such companies, persons or owners, transacted or existing in this
State, in relation to the entire business, mileage or quantity of pro-
duction or property of such companies, persons or owners as afore-
said; or in such other manner, or by such other method, as the
legislature may determine; but the proceeds of such taxes upon
mining property shall be distributed between the State and the vari-
ous political subdivisions thereof wherein the same is situated in the
same proportion as the proceeds of taxes upon real property are
distributed; provided, further, that nothing in this act contained
shall operate to authorize the assessment or taxation of land or
ordinary business blocks or property owned by any such corpora-
tion, person, firm or company except in the manner provided by the
ordinary methods of taxation.
ARTICLE X.
OF CORPORATIONS HAVING NO BANKING PRIVILEGES.
SECTION 1. The term "Corporations,” as used in this article,
shall be construed to include all associations and joint stock com-
panies having any of the powers and privileges not possessed by
individuals or partnerships, except such as embrace banking privi-
leges, and all corporations shall have the right to sue, and shall be
liable to be sued in all courts, in like manner as natural persons.
SEC. 2. No corporation shall be formed under special acts
except for municipal purposes.
100
CONSTITUTION OF MINNESOTA.
SEC. 3. Each stockholder in any corporation [excepting those
organized for the purpose of carrying on any kind of manufacturing
or mechanical business] shall be liable to the amount of stock held
or owned by him.] ¹
1
SEC. 4. Lands may be taken for public way, for the purpose of
granting to any corporation the franchise of way for public use. In
all cases, however, a fair and equitable compensation shall be paid
for such land, and the damages arising from the taking of the same
but all corporations being common carriers, enjoying the right of
way in pursuance of the provisions of this section, shall be bound
to carry the mineral, agricultural and other productions of manu-
facturers on equal and reasonable terms.
ARTICLE XI.
COUNTIES AND TOWNSHIPS.
SECTION 1. The legislature may from time to time establish and
organize new counties; but no new county shall contain less than
four hundred square miles; nor shall any county be reduced below
that amount; and all laws changing county lines in counties already
organized, or for removing county seats, shall before taking effect,
be submitted to the electors of the county or counties to be affected
thereby, at the next general election after the passage thereof, and
be adopted by a majority of such electors. Counties now estab-
lished may be enlarged, but not reduced below four hundred (400)
square miles.
SEC. 2. The legislature may organize any city into a separate
county, when it has attained a population of 20,000 inhabitants,
without reference to geographical extent, when a majority of the
electors of the county in which such city may be situated, voting
thereon, shall be in favor of a separate organization.
SEC. 3. Laws may be passed providing for the organization for
municipal and other town purposes, of any congressional or frac-
tional townships in the several counties in the state, provided that
when a township is divided by county lines or does not contain one
1 The clause in brackets adopted Nov. 5, 1872.
CONSTITUTION OF MINNESOTA.
ΙΟΙ
hundred inhabitants, it may be attached to one or more adjoining
townships or parts of townships for the purposes aforesaid.
SEC. 4. Provision shall be made by law for the election of such
county or township officers as may be necessary.
SEC. 5. Any county and township organization shall have such
powers of local taxation as may be prescribed by law.
SEC. 6. No money shall be drawn from any county or township
treasury except by authority of law.
1
SEC. 7.¹ That the county of Manomin is hereby abolished, and
that the territory heretofore comprising the same shall constitute
and be a part of the county of Anoka.
ARTICLE XII.
OF THE MILITIA.
SECTION 1. It shall be the duty of the legislature to pass such
laws for the organization, discipline and service of the militia of the
State as may be deemed necessary.
ARTICLE XIII.
IMPEACHMENT AND REMOVAL FROM OFFICE.
SECTION I. The governor, secretary of state, treasurer, auditor,
attorney general, and the judges of the supreme and district courts,
may be impeached for corrupt conduct in office, or for crimes and
misdemeanors; but judgment in such case shall not extend further
than to removal from office and disqualification to hold and enjoy
any office of honor, trust or profit in this state. The party convicted
thereof shall nevertheless be liable and subject to indictment, trial,
judgment and punishment, according to law.
SEC. 2. The legislature of this State may provide for the removal
of inferior officers from office, for malfeasance or non-feasance in the
performance of their duties.
SEC. 3. No officer shall exercise the duties of his office after he
shall have been impeached and before his acquittal.
1 Adopted Nov. 2, 1869.
102
CONSTITUTION OF MINNESOTA.
SEC. 4. On the trial of an impeachment against the governor,
the lieutenant governor shall not act as a member of the court.
SEC. 5. No person shall be tried on impeachment before he shall
have been served with a copy thereof, at least twenty days previous
to the day set for trial.
I
ARTICLE XIV.
AMENDMENTS TO THE CONSTITUTION.
SECTION 1.1 Whenever a majority of both houses of the legislature
shall deem it necessary to alter or amend this constitution, they may
propose such alterations or amendments; which proposed amend-
ments shall be published with the laws which have been passed at
the same session, and said amendments shall be submitted to the
people for their approval or rejection at any general election; and if
it shall appear, in a manner to be provided by law, that a majority of
all the electors voting at said election, shall have voted for and rati-
fied such alterations and amendments, the same shall be valid to all
intents and purposes, as a part of this constitution. If two or more
alterations or amendments shall be submitted at the same time, it
shall be so regulated that the voters shall vote for or against each
separately.
SEC. 2. Whenever two-thirds of the members elected to each
branch of the legislature shall think it necessary to call a convention
to revise this constitution, they shall recommend to the electors to
vote at the next general election for members of the legislature, for
or against a convention; and if a majority of all the electors voting
at said election shall have voted for a convention, the legislature
shall, at their next session, provide by law for calling the same. The
convention shall consist of as many members as the house of repre-
sentatives, who shall be chosen in the same manner, and shall meet
within three months after their election for the purpose aforesaid.
ARTICLE XV.
MISCELLANEOUS SUBJECTS.
SECTION 1. The seat of government of the State shall be at the
city of St. Paul, but the legislature, at their first or any future
1 As amended Nov. 8, 1898.
CONSTITUTION OF MINNESOTA.
103
session, may provide by law for a change of the seat of government
by a vote of the people, or may locate the same upon the land
granted by Congress for a seat of government to the State; and in
the event of the seat of government being removed from the city of
St. Paul to any other place in the State, the capitol building and
grounds shall be dedicated to an institution for the promotion of
science, literature and the arts, to be organized by the legislature of
the State, and of which institution the Minnesota Historical Society
shall always be a department.
SEC. 2. Persons residing on Indian lands within the State shall
enjoy all the rights and privileges of citizens, as though they lived
in any other portion of the State, and shall be subject to taxation.
SEC. 3. The legislature shall provide for a uniform oath or
affirmation to be administered at elections, and no person shall be
compelled to take any other or different form of oath to entitle him.
to vote.
SEC. 4. There shall be a seal of the State, which shall be kept
by the secretary of state, and be used by him officially, and shall be
called the great seal of the state of Minnesota, and shall be attached
to all the official acts of the governor (his signature to acts and
resolves of the legislature excepted) requiring authentication. The
legislature shall provide for an appropriate device and motto for
said seal.
SEC. 5. The territorial prison, as located under existing laws,
shall, after the adoption of this constitution, be and remain one of
the state prisons of the state of Minnesota.
SCHEDULE.
SECTION I. That no inconvenience may arise by reason of a
change from a territorial to a permanent state of government, it is
declared that all rights, actions, prosecutions, judgments, claims and
contracts, as well of individuals as of bodies corporate, shall con-
tinue as if no change had taken place; and all process which may
be issued under the authority of the territory of Minnesota previous
to its admission into the Union of the United States, shall be as
valid as if issued in the name of the State.
104
CONSTITUTION OF MINNESOTA.
SEC. 2. All laws now in force in the territory of Minnesota not
repugnant to this constitution, shall remain in force until they expire
by their own limitation, or be altered or repealed by the legislature.
SEC. 3. All fines, penalties or forfeitures accruing to the territory
of Minnesota, shall inure to the State.
SEC. 4. All recognizances heretofore taken, or which may be
taken before the change from a territorial to a permanent state gov-
ernment, shall remain valid, and shall pass to and may be prose-
cuted in the name of the State; and all bonds executed to the
governor of the Territory, or to any other officer or court in his or
their official capacity, shall pass to the governor or state authority
and their successors in office, for the uses therein respectively ex-
pressed, and may be sued for and recovered accordingly; and all
the estate of property, real, personal or mixed, and all judgments,
bonds, specialties, choses in action, and claims and debts, of what-
soever description, of the territory of Minnesota, shall inure to and
vest in the state of Minnesota, and may be sued for and recovered
in the same manner and to the same extent by the state of Min-
nesota, as the same could have been by the territory of Minnesota.
All criminal prosecutions and penal actions which may have arisen,
or which may arise before the change from a territorial to a state
government, and which shall then be pending, shall be prosecuted
to judgment and execution in the name of the State. All offenses
committed against the laws of the territory of Minnesota, before the
change from a territorial to a state government, and which shall not
be prosecuted before such change, may be prosecuted in the name
and by the authority of the state of Minnesota with like effect as
though such change had not taken place, and all penalties incurred
shall remain the same as if this constitution had not been adopted.
All actions at law and suits in equity which may be pending in any
of the courts of the territory of Minnesota, at the time of a change
from a territorial to a state government, may be continued and
transferred to any court of the State which shall have jurisdiction
of the subject matter thereof.
SEC. 5. All territorial officers, civil or military, now holding their
offices under the authority of the United States or of the territory
of Minnesota, shall continue to hold and exercise their respective
offices until they shall be superseded by the authority of the State.
CONSTITUTION OF MINNESOTA.
105
SEC. 6. The first session of the legislature of the state of Min-
nesota shall commence on the first Wednesday of December next,
and shall be held at the capitol, in the city of St. Paul.
SEC. 7. The laws regulating the election and qualification of all
district, county and precinct officers, shall continue and be in force
until the legislature shall otherwise provide by law.
•
SEC. 8. The president of this convention shall, immediately after
the adjournment thereof, cause this constitution to be deposited in
the office of the governor of the Territory; and if, after the submis-
sion of the same to a vote of the people, as hereinafter provided,
it shall appear that it has been adopted by a vote of the people of
the State, then the governor shall forward a certified copy of the
same, together with an abstract of the votes polled for and against
the said constitution, to the president of the United States, to be
by him laid before the Congress of the United States.
SEC. 9. For the purposes of the first election, the State shall
constitute one district, and shall elect three members to the house
of representatives of the United States.
SEC. 10. For the purposes of the first election for members of
the state senate and house of representatives, the State shall be
divided into senatorial and representative districts, as follows, viz. :
Ist district, Washington county; 2d district, Ramsey county; 3d
district, Dakota county; 4th district, so much of Hennepin county
as lies west of the Mississippi; 5th district, Rice county; 6th dis-
trict, Goodhue county; 7th district, Scott county; 8th district, Olm-
sted county; 9th district, Fillmore county; 10th district, Houston
county; 11th district, Winona county; 12th district, Wabasha
county; 13th district, Mower and Dodge counties; 14th district,
Freeborn and Faribault counties; 15th district, Steele and Waseca
counties; 16th district, Blue Earth and Le Sueur counties; 17th
district, Nicollet and Brown counties; 18th district, Sibley, Ren-
ville and McLeod counties; 19th district, Carver and Wright coun-
ties; 20th district, Benton, Stearns and Meeker counties; 21st
district, Morrison, Crow Wing and Mille Lacs counties; 22d dis-
trict, Cass, Pembina and Todd counties; 23d district, so much of
Hennepin county as lies east of the Mississippi; 24th district,
Sherburne, Anoka and Manomin counties; 25th district, Chisago,
Pine and Isanti counties; 26th district, Buchanan, Carlton, St. Louis,
Lake and Itasca counties.
106
CONSTITUTION OF MINNESOTA.
SEC. II. The counties of Brown, Stearns, Todd, Cass, Pembina
and Renville, as applied in the preceding section, shall not be
deemed to include any territory west of the state line, but shall be
deemed to include all counties and parts of counties east of said line
as were created out of the territory of either, at the last session of
the legislature.
SEC. 12. The senators and representatives at the first election,
shall be apportioned among the several senatorial and representative
districts as follows, to wit:
District. Senators.
Representatives. District. Senators.
Representatives.
Ist
2
3
15th
I
2d
3d
4th
5th
3 ~ ~ ~
6
16th
I
2
5
17th
I
2
4
18th
I
2
3
19th
I
6th
I
4
20th
I
3
7th
I
3
21st
I
I
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8th
9th
10th
11th
2
~ ~ ~ ~
2
4
22d
I
I
2
6
23d
I
2
3
24th
I
I
2
4
25th
I
I
12th
I
3
26th
I
I
13th
2
3
14th
I
3
37
80
SEC. 13. The returns from the 22d district shall be made to and
canvassed by the judges of election at the precinct of Otter Tail
city.
SEC. 14. Until the legislature shall otherwise provide, the State
shall be divided into judicial districts as follows, viz. :
The counties of Washington, Chisago, Manomin, Anoka, Isanti,
Pine, Buchanan, Cariton, St. Louis, and Lake shall constitute the
First judicial district.
The county of Ramsey shall constitute the Second judicial
district.
The counties of Houston, Winona, Fillmore, Olmsted, and
Wabasha shall constitute the Third judicial district.
CONSTITUTION OF MINNESOTA.
107
The counties of Hennepin, Carver, Wright, Meeker, Sherburne,
Benton, Stearns, Morrison, Crow Wing, Mille Lacs, Itasca, Pembina,
Todd, and Cass shall constitute the Fourth judicial district.
The counties of Dakota, Goodhue, Scott, Rice, Steele, Waseca,
Dodge, Mower, and Freeborn shall constitute the Fifth judicial
district.
The counties of Le Sueur, Sibley, Nicollet, Blue Earth, Faribault,
McLeod, Renville, Brown, and all other counties in the State not
included within the other districts, shall constitute the Sixth judicial
district.
SEC. 15. Each of the foregoing enumerated judicial districts
may, at the first election, elect one prosecuting attorney for the
district.
SEC. 16. Upon the second Tuesday, the thirteenth day of
October, 1857, an election shall be held for members of the house
of representatives of the United States, governor, lieutenant gov-
ernor, supreme and district judges, members of the legislature, and
all other officers designated in this constitution, and also for the
submission of this constitution to the people, for their adoption or
rejection.
SEC. 17. Upon the day so designated as aforesaid every free
male inhabitant over the age of twenty-one years, who shall have
resided within the limits of the State for ten days previous to the
day of said election, may vote for all officers to be elected under this
constitution at such election, and also for or against the adoption of
this constitution.
SEC. 18. In voting for or against the adoption of this constitu-
tion, the words, "For Constitution," or "Against Constitution,”
may be written or printed on the ticket of each voter, but no voter
shall vote for or against this constitution, on a separate ballot from
that cast by him for officers to be elected at said election under this
constitution; and if upon the canvass of the vote so polled it shall
appear that there was a greater number of votes polled for than
against said constitution, then this constitution shall be deemed to
be adopted as the constitution of the state of Minnesota, and all the
provisions and obligations of this constitution and of the schedule
thereunto attached, shall thereafter be valid to all intents and pur-
poses as the constitution of said State.
108
CONSTITUTION OF MINNESOTA.
SEC. 19. At said election the polls shall be opened, the election
held, returns made, and certificates issued, in all respects as provided
by law for opening, closing and conducting elections and making
returns of the same, except as hereinbefore specified, and excepting
also that polls may be opened and elections held at any point or
points, in any of the counties where precincts may be established as
provided by law, ten days previous to the day of election, not less
than ten miles from the place of voting in any established precinct.
SEC. 20. It shall be the duty of the judges and clerks of election,
in addition to the returns required by law for each precinct, to
forward to the secretary of the territory, by mail, immediately after
the close of the election, a certified copy of the poll book, contain-
ing the name of each person who has voted in the precinct, and
the number of votes polled for and against the adoption of this
constitution.
SEC. 21. The returns of said election for and against this constitu-
tion, and for all state officers and members of the house of repre-
sentatives of the United States, shall be made, and certificates
issued in the manner now prescribed by law for returning votes
given for delegates to Congress; and the returns for all district
officers, judicial, legislative or otherwise, shall be made to the reg-
ister of deeds of the senior county in each district, in the manner
prescribed by law, except as otherwise provided. The returns for
all officers elected at large shall be canvassed by the governor of
the territory, assisted by Joseph R. Brown and Thomas J. Galbraith,
at the time designated by law for canvassing the vote for delegate
to Congress.
SEC. 22. If, upon canvassing the votes for and against the adop-
tion of this constitution, it shall appear that there has been polled a
greater number of votes against than for it, then no certificate of
election shall be issued for any state or district officer provided for
in this constitution, and no state organization shall have validity
within the limits of the territory, until otherwise provided for and
until a constitution for a state government shall have been adopted
by the people.

>
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UNIVERSITY OF MINNESOTA
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353 M87
Mowry, William A. (William Augustus), 18
Elements of civil government, local, sta
3 1951 002 342 114 R
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