[Transcriber's Note: In the original book, questions appeared at thebottom of each page. These questions have been compiled at the end ofthe text. ]

The Government Class Book;

Designed for the Instruction of Youth in the Principles ofConstitutional Government and the Rights and Duties of Citizens. 

By Andrew W. Young, Author of "Science of Government, " "First Lessons in Civil Government, ""American Statesman, " "Citizen's Manual of Government and Law. "

NEW-YORK:J. C. DERBY & N. C. MILLER, 5 SPRUCE STREET, TRIBUNE BUILDINGS. 1865. 

Entered, according to Act of Congress, in the year 1859, by Andrew W. Young, in the Clerk's Office of the District Court of the United Statesfor the Northern District of New York. 

Preface. 

The utility of the diffusion of political knowledge among a peopleexercising the right of self-government, is universally admitted. Theform of government established by the people of the United States, though well adapted to promote the general welfare, is highlycomplicated; and the knowledge requisite to administer it successfullycan not be acquired without much study. From the fact that a largeportion of the American people are greatly deficient in this knowledge, we may justly conclude that it will never become general, until it shallhave been made an object of school instruction. 

The administration of the government of this great and rapidlyincreasing republic, will, in a few years, devolve upon those who arenow receiving instruction in the public schools. Yet thousands annuallycomplete their school education, who have never devoted any time to thestudy of the principles of the government in which they are soon to takea part--who become invested with political power without the preparationnecessary to exercise it with discretion. The schools are regarded asthe nurseries of our future statesmen. They share largely in the bountyof the state; yet few of them render in return even the rudiments ofpolitical science to those who are to become her legislators, andgovernors, and judges. Not only in the common schools generally, but ina large portion of the high schools and seminaries, this science is notincluded in the course of instruction. 

To many of the most enlightened friends of education and of our freeinstitutions, it has long been a matter of surprise as well as regret, that those to whom the educational interests of the states are moreimmediately intrusted, should so long have treated the study in questionas of minor importance, or have suffered it to be excluded by studies offar less practical utility. The Regents of the University of the Stateof New York have repeatedly noticed the neglect of this study in theacademies and seminaries subject to their visitation; and they mentionit as a remarkable fact, that in many of them preference is given to thestudy of the Grecian and Roman antiquities. They say: "Theconstitutions, laws, manners, and customs of ancient Greece and Rome aremade subjects of regular study, quarter after quarter, while our ownconstitutional jurisprudence, and the every day occurring principles ofour civil jurisprudence, are not admitted as a part of the academiccourse!"

To persons who are to engage in any of the industrial or professionalpursuits, a preparatory course of training or discipline is deemedindispensable to success. Yet many assume the weighty responsibilitiesof freemen, and allow their sons to do the same, with scarcely anyknowledge of a freeman's duties. On the intelligent exercise ofpolitical power, the public prosperity and the security of our libertiesmainly depend. Every person, therefore, who is entitled to the rights ofa citizen, is justly held responsible for the proper performance of hispolitical duties. And any course of popular instruction which fails toimpart a knowledge of our system of government, must be materiallydefective. 

With a view to supply this deficiency, the author, many years since, prepared his "Introduction to the Science of Government. " This work soonattained considerable popularity, both as a class book in schools, andas a book for private reading and reference for adults. Not beingdeemed, however, sufficiently _elementary_ for the children and youthin most of our common schools, another work, entitled, "_First Lessonsin Civil Government_, " was written to meet the capacities of younger orless advanced scholars than those for whom the previous work wasdesigned. 

The favorable reception of these works by the public, and the assurancesof their usefulness to thousands who have studied them, are to theauthor a source of high gratification, and an ample reward for manyyears of arduous labor. The value of these works has, however, been in ameasure impaired by changes in the government and laws since the time oftheir first publication. The latter, especially, descending so minutelyinto the details of the government of the state for which alone it isintended, requires frequent revisions. 

It has occurred to the author that a new work, more permanent in thecharacter of its matter, and adapted for use in all the states, isdemanded to supply the deficiency in the present course of education. Stimulated by a desire to bear some part in laying a solid foundationfor our republican institutions, and encouraged by the success of hisformer labors in this department of education, he has, after asuspension of several years, resumed his efforts in this enterprise, inthe hope that, with the coöperation of teachers, and those havingofficial supervision of the schools, it may be carried forward to anearly consummation; when the principles of government shall be made asubject of regular study in the schools, and the elements of a soundpolitical education shall be accessible to the mass of American youth. And he flatters himself, that the attention he has given to this subjecthas enabled him to prepare a work adapted, in a good degree, to meet theexisting want of the schools. 

Many words and phrases, as they occur in the course of the work, havebeen defined; and an attempt has been made to explain the severalsubjects in such a manner as to render them intelligible to youth. 

The object which it is the purpose of this work to aid in effecting, claims the earnest attention of parents. Every father, at least, isbound to see that his sons have the means of acquiring a good politicaleducation. He can not innocently suffer them to pass from under hisguardianship unprepared to discharge their political duties. 

The study of this work should not be confined to male pupils. It haslong been considered a striking defect in our system of education, thatfemales are not more generally instructed in the principles of civilgovernment, and in matters of business. Although they take no activepart in public affairs, the knowledge here commended would enable themto exert a far more powerful and salutary influence upon our nationalcharacter and destiny. As wives, mothers, teachers, and especially ascounselors of the other sex, they could apply this knowledge to valuablepurposes. And the question is submitted, whether it would not contributemore to their usefulness than some of those accomplishments which formso large a part of a modern female education, and which are usually lostamidst the cares of married life. 

To preserve and transmit the blessings of constitutional liberty, weneed a healthful patriotism. But a genuine love of country is hardly tobe expected where there is not a proper appreciation of our politicalinstitutions, which give it its preeminence among nations. And how canthey be duly appreciated if they are not understood? It has been one ofthe objects of the writer to bring to view the chief excellencies of oursystem of government, and thus to lay, in the minds of youth, the basisof an enlightened and conservative patriotism. 

That this work, as an elementary treatise on civil government, is notsusceptible of improvement, is not pretended. Such as it is, it issubmitted to the judgment of a candid public. If it shall prove in anyconsiderable degree useful, the author's highest expectations will havebeen realized. 

To Teachers. 

To the meritorious, though often undervalued labors of the instructorsof American youth, is our country greatly indebted for the successfulworking of its system of free government; and upon the labors of theirsuccessors rest, in an equal degree, all well-founded hopes of itsfuture political prosperity. 

The general introduction and profitable study of this work, depend muchupon a hearty and active coöperation of teachers in the enterprise whichit is intended to promote. From all who desire to make themselves in thehighest degree useful in their profession, such coöperation isconfidently anticipated. 

The advantage of instructing a class in civil government, is notconfined to the pupils. The teacher will find the exercise bothinteresting and profitable to himself. Although pains have been taken toadapt the work to the capacities of youth, the definition of many termsand phrases, and the further explanation of many subjects, havenecessarily been left to be supplied by teachers. The study andinvestigation which may in some cases be required to qualify them forthe task, will be amply rewarded by their own advancement in politicalknowledge. 

No intelligent teacher, it is presumed, will object to the introductionof this study, on the ground that there is not sufficient time or roomfor an additional exercise. Useful as all the branches now taught may bejustly deemed, all of them are not, as is a knowledge of government, indispensable to the security of our liberties. The latter is of fargreater importance to an American citizen, than a knowledge of someportions of arithmetic and the higher mathematics; and in the opinion ofsome distinguished educators the time now devoted to these, in manyschools, is sufficient to acquire a tolerable political education. It isbelieved, however, that this study need not exclude, or essentiallyinterfere with, any of the studies pursued in the schools generally. Bythe more advanced scholars in the common schools, the work may be usedas a reading book, and thus a two-fold advantage be gained from its use. 

To assist the more inexperienced teachers in conducting the exercise, afew questions have been appended to the chapters. Questions may be addedby the teachers at pleasure, or to such extent as may be thoughtnecessary. And it is believed the recitations may be made moreprofitable to pupils, by requiring them, so far as may be, to giveanswers in their own words. To some of the printed questions, no answersare furnished by the chapters and sections referred to, but may be foundin the Synopsis of the State Constitutions, or other parts of the work. Occasionally questions have been inserted to which no part of the workfurnishes the answers. 

Contents

Principles of Government. 

Chapter I. 

 Mankind fitted for Society, and for Civil Government and Laws

Chapter II. 

 Rights and Liberty, defined

Chapter III. 

 Laws defined

Chapter IV. 

 Different Forms of Government. Monarchy; Aristocracy; Democracy; Republic

State Governments. 

Chapter V. 

 The Nature and Objects of a Constitution, and the manner in which it is made

Chapter VI. 

 Qualifications of Electors; or, by whom Political Power is exercised in the States of this Union

Chapter VII. 

 Elections

Chapter VIII. 

 Division of the Powers of Government

Chapter IX. 

 States Legislatures--how constituted

Chapter X. 

 Meetings and Organization of the Legislature

Chapter XI. 

 Manner of Enacting Laws

Chapter XII. 

 Executive Department. Governor and Lieutenant Governor

Chapter XIII. 

 Assistant Executive State Officers

Chapter XIV. 

 Counties and County Officers. Powers and Duties of County Officers

Chapter XV. 

 Towns and Town Officers. Powers and Duties of Town Officers

Chapter XVI. 

 Incorporation and Government of Cities, Villages, &c. 

Chapter XVII. 

 Judicial Department. Justices' Courts

Chapter XVIII. 

 Trial by Jury; Execution; Attachment; Appeals; Arrest of Offenders

Chapter XIX. 

 Courts other than Justices' Courts; Grand and Petit Juries, &c. 

Chapter XX. 

 Chancery or Equity Courts; Probate Courts; Court of Impeachment

Chapter XXI. 

 Assessment and Collection of Taxes

Chapter XXII. 

 Education. School Funds; Schools, &c. 

Chapter XXIII. 

 Canals and Railroads

Chapter XXIV. 

 Banks and Insurance Companies

Chapter XXV. 

 The Militia

Government of the United States. 

Chapter XXVI. 

 Causes of the Revolution

Chapter XXVII. 

 Nature of the Union under the Confederation

Chapter XXVIII. 

 Nature of the Union under the Constitution

Chapter XXIX. 

 Legislative Department. House of Representatives

Chapter XXX. 

 The Senate

Chapter XXXI. 

 Power of Congress to lay Taxes, Duties, &c. ; Power to Borrow Money

Chapter XXXII. 

 Power to Regulate Commerce. Commerce with Foreign Nations

Chapter XXXIII. 

 Power to Regulate Commerce, continued. Navigation; Commerce among the States, and with the Indian Tribes

Chapter XXXIV. 

 Powers of Congress in Relation to Naturalization; Bankruptcy; Coining Money; Weights and Measures; Punishment of Counterfeiting

Chapter XXXV. 

 Powers of Congress in Relation to Post-Offices; Copy-Rights and Patents; Inferior Courts

Chapter XXXVI. 

 Powers of Congress in Relation to Piracy and Offenses against the Law of Nations; War; Marque and Reprisal; Public Defense; District of Columbia; Implied Powers

Chapter XXXVII. 

 Prohibitions on Congress

Chapter XXXVIII. 

 Prohibition on the States

Chapter XXXIX. 

 Executive Department. President and Vice-President; their Election, Qualifications, &c. 

Chapter XL. 

 Powers and Duties of the President; Treaties; Public Ministers; Appointments and Removals

Chapter XLI. 

 Auxiliary Executive Departments. Departments of State, of the Treasury, of the Interior, of War, of the Navy, of the Post-Office; Attorney General

Chapter XLII. 

 Judicial Department. District Courts; Circuit Courts; Supreme Court

Chapter XLIII. 

 Treason Defined, its Punishment

Chapter XLIV. 

 State Records; Privileges of Citizens; Fugitives; Admission of New States; Power over Territory; Guaranty of Republican Government

Chapter XLV. 

 Provision for Amendments; Assumptions of Public Debt; Supremacy of the Constitution, &c. ; Oaths and Tests; Ratification of the Constitution

Chapter XLVI. 

 Amendments to the Constitution

Common and Statutory Law. 

Chapter XLVII. 

 Rights of Persons. Personal Security; Personal Liberty; Religious Liberty; Liberty of Speech, and of the Press; Right of Property

Chapter XLVIII. 

 Domestic Relations. Husband and Wife

Chapter XLIX. 

 Domestic Relations, continued. Parent and Child; Guardian and Ward; Minors; Masters, Apprentices, and Servants

Chapter L. 

 Rights of Property. How Title to Property is acquired; Wills and Testaments; Title to Property by Descent

Chapter LI. 

 Deeds and Mortgages

Chapter LII. 

 Incorporeal Hereditaments, Right of Way; Aquatic Rights, &c. 

Chapter LIII. 

 Leases. Estates for Life; Estates for Years; Estates at Will; Estates by Sufferance; Rent, &c. 

Chapter LIV. 

 Contracts in General

Chapter LV. 

 Contracts of Sale

Chapter LVI. 

 Fraudulent Sales; Assignments; Gifts, &c. 

Chapter LVII. 

 Bailment

Chapter LVIII. 

 Principal and Agent, or Factor; Broker; Lien, &c. 

Chapter LIX. 

 Partnership

Chapter LX. 

 Promissory Notes

Chapter LXI. 

 Bills of Exchange; Interest; Usury

Chapter LXII. 

 Crimes and Misdemeanors

Law of Nations. 

Chapter LXIII. 

 Origin and Progress of the Law of Nations; the Natural, Customary, and Conventional Laws of Nations

Chapter LXIV. 

 The Jurisdiction of Nations; their mutual Rights and Obligations; the Rights of Embassadors, Ministers, &c. 

Chapter LXV. 

 Offensive and Defensive War; just Causes of War; Reprisals; Alliances in War

Chapter LXVI. 

 Declaration of War; its Effect upon the Person and Property of the Enemy's Subjects; Stratagems in War; Privateering

Chapter LXVII. 

 Rights and Duties of Neutral Nations; Contraband Goods; Blockade; Right of Search; Safe Conducts and Passports; Truces; Treaties of Peace

Synopsis of the State Constitutions. 

MaineNew HampshireVermontMassachusettsRhode IslandConnecticutNew YorkNew JerseyPennsylvaniaDelawareMarylandVirginiaNorth CarolinaSouth CarolinaGeorgiaFloridaAlabamaMississippiLouisianaTexasArkansasMissouriTennesseeKentuckyOhioIndianaIllinoisMichiganWisconsinIowaCaliforniaMinnesota

Constitution of the United States

Government Class Book. 

Principles of Government. 

Chapter I. 

Mankind fitted for Society, and for Civil Government and Laws. 

§1. Mankind are social beings. They are by nature fitted for society. Bythis we mean that they are naturally disposed to associate with eachother. Indeed, such is their nature, that they could not be happywithout such association. Hence we conclude that the Creator hasdesigned men for society. It can not, therefore, be true, as some say, that the savage state is the natural state of man. 

§2. Man is so formed that he is dependent upon his fellow men. He hasnot the natural strength of other animals. He needs the assistance ofcreatures like himself to protect and preserve his own being. We canhardly imagine how a person could procure the necessaries of lifewithout such assistance. But men have the gifts of reason and speech. Byconversation they are enabled to improve their reason and increase theirknowledge, and to find methods of supplying their wants, and ofimproving their social condition. 

§3. But, although men need the assistance of each other, they are soformed that each must have the care of himself. If every man were fedand clothed from a common store, provided by the labor of all, many, depending upon the labor of others, would be less industrious than theynow are. By the present arrangement in society, which obliges every manto provide for his own wants, more is earned, a greater number are caredfor, and the general welfare is better promoted than would be done ifeach labored for the benefit of all. 

§4. From this arrangement comes the right of property. If each man'searnings should go into a common stock for the use of all, there wouldbe nothing that any one could call his own. But if each is to providefor himself, he must have a right to use and enjoy the fruits of his ownlabor. 

§5. But all men in society have the same rights. Therefore, in laboringto supply our wants, and to gratify our desires, we can not rightfullydo so any further than is consistent with the rights of others. Hence wesee the necessity of some established rules for securing to every memberof society the free enjoyment of what justly belongs to him, and forregulating his conduct toward his fellow-members. 

§6. These rules for regulating the social actions of men, are calledlaws. _Law_, in a general sense, is a rule of action, and is applied toall kinds of action. But in its limited and proper sense, it denotes therules of human action prescribing what men are to do, and forbiddingwhat they are not to do. 

§7. We have seen that man is fitted for society, and that laws arenecessary to govern the conduct of men in the social state. We see alsothat mankind are fitted by nature for government and laws. Man is also amoral being. The word _moral_ has various significations. Sometimes itmeans only virtuous, or just; as, a moral man; that is, a man of moralcharacter, or who lives a moral life; by which is meant that the conductof the man is just and right. 

§8. But in a wider sense, the word moral relates to the social actionsof men, both right and wrong. Thus, in speaking of the character of aman, we say, his morals are good, or his morals are bad. And of anaction, we say, it is morally right, or it is morally wrong. Man'shaving a moral nature implies that he has a sense of right and wrong, orat least the power or faculty of acquiring it; and, being a moral agent, he is accountable for his actions. 

§9. Thus we have seen that men are social, reasonable, and moral beings. They have power to discern their own wants and the wants of their fellowmen; to perceive what is right and what is wrong; and to know that theyought to do what is right and to forbear to do what is wrong. Theirreason enables them to understand the meaning of laws, and to discoverwhat laws are necessary to regulate the social actions of men. Hence weconclude that they are fitted and designed for society, and forgovernment and law. 

§10. The youngest reader probably knows, that in speaking of society, wedo not refer to any of those associations usually called societies, butto _civil_ society, composed of the people of a state or nation. A_nation_, or _state_, is a large number of persons united under someform of government; as, the French nation; the British nation; or thestate of New-York; the state of Virginia. Sometimes it signifies theruling or governing power of a state or nation, as, the state hasprovided for educating its citizens, and for supporting the poor. 

§11. The object of the people in forming a state association, or, as issometimes said, of entering into civil society, is to promote theirmutual safety and happiness. In uniting for this purpose, they agree tobe governed by certain established rules and principles; and thegoverning of the people of a state or nation according to these rules, is called _civil government_. The word _government_ also signifies therules and principles themselves by which the people are governed; andsometimes the persons who administer the government--that is those whomake the laws of a state and carry them into effect--are called _thegovernment_. 

Chapter II. 

Rights and Liberty, defined. 

§1. We have spoken of the rights of men, and of laws as designed tosecure to men the free enjoyment of their rights. But a more particulardefinition of rights and laws will be useful to young persons justcommencing the study of civil government. 

§2. A _right_ means ownership, or the just claim or lawful title which aperson has to anything. What we have acquired by honest labor, or otherlawful means, is rightfully our own; and we are justly entitled to thefree use and enjoyment of it. We have a right also to be free in ouractions. We may go where we please, and do what ever we think necessaryfor our own safety and happiness; provided we do not trespass upon therights of others; for it must be remembered that others have the samerights as ourselves. 

§3. The rights here mentioned are _natural_ rights. They are so calledbecause they are ours by nature or by birth; and they can not be justlytaken from us or alienated. Hence they are also called _inalienable_. Wemay, however, forfeit them by some offense or crime. If, for example, aman is fined for breaking a law, he loses his right to the money he isobliged to pay. By stealing, he forfeits his liberty, and may be justlyimprisoned. By committing murder, he forfeits his right to life, and maybe hanged. 

§4. Rights are also called personal, political, civil, and religious. _Personal rights_, or the _rights of persons_, are rights belonging topersons as individuals, and consist of the right of _personal security_, or the right to be secure from injury to our bodies, or persons, or ourgood names; the right of _personal liberty_, or the liberty of moving, acting, or speaking without unjust restraint; and the _right ofproperty_, or the right to acquire and enjoy property. The terms_rights of person_ and _rights of persons_, or _personal rights_, havenot the same meaning. The rights of person, as the term is generallyused, does not include the right of property; personal rights includeboth the right of property and the rights of person. 

§5. _Political rights_ are those which belong to the people in theirpolitical capacity. The word _political_, in a general sense, relates togovernment. The whole body of the people united under one government, iscalled the political body, or body politic. The right of the people tochoose and establish for themselves a form of government, orconstitution, and the right to elect persons to make and execute thelaws, are political rights. The right of voting at elections istherefore a political right. 

§6. _Civil rights_ are those which are secured to the citizens by thelaws of the state. Some make no distinction between civil rights andpolitical rights. In a proper sense--that in which the terms are hereused--there is this difference: political rights are those secured bythe political or fundamental law, called the constitution; civil rightsare more properly those which are secured by the civil or municipallaws. The difference will more clearly appear from the definitionelsewhere given of the political and civil laws. (Chap. III. §5, 6. )

§7. _Religious rights_ consist in the right of a man to make known andmaintain his religious opinions, and to worship God in that way andmanner which he believes in his conscience to be most acceptable to hisMaker. This right is called also the _right of conscience_. But inexercising this right, a man may not abuse it by violating the rights ofothers, or disturbing the peace and order of society. 

§8. Now, although human rights are thus divided into classes anddifferently defined, they are all natural rights. It is generally heldin this country as a truth, that "all men are created equal;" that is, born with the same rights. And if men, as social and moral beings, arefitted by _nature_ and designed for government and laws, we concludethat their political, civil, and religious rights, and all other rightsto which they are entitled by the law of nature, are natural rights. 

§9. _Liberty_ is the being free to exercise and enjoy our rights, and iscalled natural, political, civil, or religious, according to theparticular class of rights referred to. Thus the exercise of rightsguarantied by the constitution or political law, is called politicalliberty. The free enjoyment of rights secured by the civil or municipallaws, is called civil liberty. And freedom of religious opinion andworship is called religious liberty. 

§10. Hence liberty itself is a natural right. The words _right_ and_liberty_, however, have not the same meaning. We may have a right to athing when we have not the liberty of using it. John has a pencil whichis justly his own; but James takes it from him by force. John's libertyto enjoy the use of his pencil is lost, but his right to it remains. James has no right to the use of the pencil, though he enjoys the use ofit. 

§11. This example serves also to explain further the use of thedifferent terms applied to rights and liberty. John's right to hispencil, being guarantied to him by the laws of civil society, is a_civil_ right. It is with equal propriety called a _natural_ right, because, by the law of nature, he has a right to the use of his pencil. 

Chapter III. 

Laws, defined. 

§1. Law has been briefly defined. (Chap. 1. §6. ) As in the case ofrights and liberty, laws are distinguished by different names; as, thelaw of nature, or natural law; the moral law; the law of revelation, orrevealed law; the political law; the civil or municipal law. 

§2. The _law of nature_, is of the highest possible authority, beingestablished by the supreme Lawgiver himself. It is called the law ofnature, because it is right in itself--right in the nature of things, and ought to be obeyed, though no positive command had ever been givento men. It is a perfect rule of right for all moral and social beings. It is that eternal rule of right to which God himself conforms. 

§3. The law of nature, as a rule of human action, arises out of man'srelation to his Maker and to his fellow men. As a creature, he must besubject to the laws of his Creator, on whom he is dependent. He is alsoin a measure dependent upon his fellow beings. All being created equal, each is bound by the principles of natural justice to render to othersthat assistance which is necessary to make them as happy as himself, orwhich they justly owe to him in return. 

§4. The _moral law_ is that which prescribes to men their duties to Godand to each other. As a rule of human conduct therefore, it correspondsexactly to the law of nature. The moral law is briefly expressed in thedecalogue or ten commandments, and is still more briefly summed up inthe two great commandments, to love God with all our heart and to loveour neighbor as ourselves. God being its author, it is called the_divine law_; and, being found in the Holy Scriptures, in which his willis revealed to mankind, it is called the _revealed law_, or _law ofrevelation_. 

§5. _Political law_, as has been observed, is that system or form offundamental rules, called the constitution, by which the people in theirpolitical capacity, or as a body politic, agree to be governed. Thenature of this law will more clearly appear from a more particulardefinition of constitution, and from a description of the manner inwhich a constitution is made. (Chap. V. )

§6. The word _municipal_ was used by the Romans to designate that whichrelated to a _municipium_, which was a free town, or city. The rights ofa citizen of such free city or town were called _municipal rights_, andits officers were called _municipal officers_. In this country, the wordis not only used in this limited sense, but is extended to whatpertains to a state. Hence the body of laws which prescribe the dutiesof the citizens of a state, are called the _municipal_ or _civil law_. And the term is used to distinguish the laws made by the legislature, orlaw-making power of the state, from the constitution, or political law, adopted by the people in their political capacity. 

§7. If, as has been said, the laws of the Creator form a perfect rule ofconduct for all mankind, and ought in all cases to be obeyed, then allhuman law ought to agree with the divine law. If a human law is contraryto the divine law, or if it requires us to disobey the commands of God, it is not binding, and should not be obeyed. So the Scriptures teach. They speak approvingly of men who disobeyed human authority, and whogave as the reason, that it was their duty to obey God rather than men;and they furnish many examples of good men who submitted to severepunishment, even to death, rather than do what they knew to be contraryto the divine will. 

§8. But although the divine will as revealed in the Scriptures, is aperfect rule or law for all mankind, and although human laws ought toconform to the divine law, yet it would be impossible to govern thepeople of a state by that law alone. The divine law is broad, andcomprehends rules to teach men their whole duty; but it does not specifyevery particular act of duty. Much of it consists of general principlesto which particular acts must be made to conform. It requires men todeal justly with each other; but men do not always agree as to what isright. Human laws, therefore, become necessary to declare what shall beconsidered just and right between man and man. 

§9. It may be observed, further, that all the divine precepts could notbe carried into effect in civil government. They are spiritual, andreach to the thoughts and intents of the heart. They require us to loveour Creator supremely, and our neighbor as ourselves; in other words, todo to others as we would that they should do to us. But as theomniscient God only knows when men fail in these duties, no humanauthority could enforce such a law. Human laws, therefore, have respectchiefly to the outward acts of men, and are designed to regulate theirintercourse with each other. 

§10. Although the laws of the state can not compel men to fulfill thegreat law of love, it is nevertheless morally binding upon all. Aperfectly holy Creator could consistently require of his moral andaccountable creatures nothing less than supreme love to himself, andequal love to one another. This, as has been remarked, is in accordancewith the law of nature, which is right in the nature of things. (Chap. III. §2, 3. )

§11. While the divine law accords perfectly with the principles ofnatural justice, the giving of it to mankind manifests the wisdom andbenevolence of the supreme Lawgiver. Man is so formed, that it is forhis highest happiness strictly to obey this law. The generous man, inrelieving the wants of others, contributes to his own happiness. The boywho divides an apple with his fellow, is more happy than he would be ifhe retained the whole to himself. It is generally true, that, inperforming acts of kindness and charity to others, we most effectuallypromote our own happiness, and feel the saying to be true, "It is moreblessed to give than to receive. "

Chapter IV. 

Different Forms of Government. Monarchy; Aristocracy; Democracy;Republic. 

§1. Governments have existed in a great variety of forms. The earliestgovernments of which we have any knowledge, are the patriarchal. _Patriarch_, from the Greek, _pater_, father, and _arkos_, chief, orhead, means the father and ruler of a family. This kind of governmentprevailed in the early ages of the world, and in a state of society inwhich the people dwelt together in families or tribes, and were not yetformed into states or nations. The patriarchal government existed beforethe flood, and for a long period afterward. Abraham, Isaac, and Jacob, the fathers of the Hebrew race, as also the sons of Jacob, the heads ofthe twelve tribes, were called patriarchs. 

§2. After their departure from Egypt, the government of the Hebrews wasa _theocracy_. This word is from _theos_, God, and _kratos_, power, andsignifies a government by the immediate direction of God. The laws bywhich they were governed were given to them on Mount Sinai by Godhimself, their leader and king. This theocratic form of government, withsome changes, existed until the coming of the Messiah. 

§3. But the forms of government which have most prevailed, aredesignated by the terms, monarchy, aristocracy, and democracy, orrepublic. These words severally indicate by what persons, and in whatmanner, the governing power of a state is exercised. This power isusually called the _sovereign_, or _supreme_ power. Where kings rule, they are called sovereign; and where the power is in the hands of thepeople, the people are sovereign. In the strict sense of the term, however, entire sovereignty, or supreme power, exists only where poweris exercised by one man, or a single body of men, uncontrolled orunrestrained by laws or by any other power. But in a more general sense, it is that power in a state which is superior to all other powers withinthe same. 

§4. A form of government in which the supreme power is in the hands ofone person, is called a monarchy. The word _monarch_ is from two Greekwords, _monos_ sole or only, and _arkos_, a chief; and is a general namefor a single ruler, whether he is called king, emperor, or prince. Agovernment in which all power resides in or proceeds from one person, isan _absolute_ monarchy. If the power of the monarch is restrained bylaws or by some other power, it is called a _limited_ monarchy. 

§5. A monarchy is called _hereditary_ in which the throne passes fromfather to son, or from the monarch to his successor, by inheritance. Onthe death of a sovereign, the eldest son is usually heir to the crown;or if there is no son, it falls to the daughter, or some other relative. A monarchy is _elective_, where, on the death of the ruler, hissuccessor is appointed by an election. A few such monarchies haveexisted. 

§6. An absolute monarchy is sometimes called _despotism_. The word_despot_ is from the Greek, and means _master_, or _lord_. It has nearlythe same meaning as _tyrant_, which also is from the Greek, andsignifies _king_. These words at first meant simply a single ruler. Theyare now applied, for the most part, to rulers who exercise authorityover their subjects with severity. In an absolute despotism, the monarchhas entire control over his subjects. They have no law but the will ofthe ruler, who has at command a large force of armed men to keep hispeople in subjection. The governments of Russia and Turkey are highlydespotic. 

§7. An _aristocracy_ is a form of government in which the power isexercised by a privileged order of men, distinguished for their rank andwealth. The word _aristocracy_ is from the Greek word _aristos_, best, and _kratos_, power, or _krateo_, to govern; and means a government ofthe best. It is also used for the nobility of a country under amonarchical government. _Nobles_ are persons of rank above the commonpeople, and bear some title of honor. The titles of the English nobilityare those of duke, marquis, earl, viscount, and baron. These titles arehereditary, being derived from birth. In some cases they are conferredupon persons by the king. 

§8. A _democracy_ is a government of the people; the word democracybeing from the Greek _demos_, the people, and _krateo_, to govern. In agovernment purely democratic, the great body of freemen meet in oneassembly to make and execute the laws. There were some such governmentsin ancient Greece; but they necessarily comprised small territories, scarcely more than a single town. The freemen of a state could not allmeet in a single assembly. 

§9. The government of this country, though a government of the people, is not one of the kind just described; it is a republic. A _republic_ isa government in which the power to enact and execute the laws isexercised by representatives, who are persons elected by the people toact for them. Yet, as not only the election of representatives, but theadoption of the constitution or form of government itself is the act ofthe people; and as, therefore, all power comes from the people, thegovernment is also democratic; and is properly called a _democraticrepublic_, or a _representative democracy_. 

§10. A republic is sometimes also called a _commonwealth_. _Common_signifies general, and is applied to what belongs to or is used by thepeople generally. _Weal_ means welfare or happiness. _Wealth_ also wasformerly sometimes used for weal. Hence _commonwealth_ means strictlythe _common good_, or the _common happiness_. In a general sense itsignifies a state; but it is properly applied to a free state, one inwhich the people enjoy common rights and privileges. Hence every statein the union is a commonwealth or republic. 

State Governments. 

Chapter V. 

The Nature and Objects of a Constitution, and the Manner in which it ismade. 

§1. Of all the different forms of government which have existed, arepublican government, on the plan of that which has been established inthis country, is believed to be best adapted to secure the liberties ofa people, and to promote the general welfare. Under the reign of a wiseand virtuous ruler, the rights of person and property may be fullyenjoyed, and the people may be in a good degree prosperous. But therequisite virtue and wisdom have seldom been found in any one man or afew men. And experience has proved that the objects of civil governmentmay be best secured by a written constitution founded upon the will orconsent of the people. 

§2. The word _constitute_ is from the Latin, and signifies _to set_, tofix, to establish. _Constitution_, when used in a political sense, meansthe established form of government of a state. In a free government, like ours, it is properly called the _political law_, being establishedby the people as a body politic, or political body. (Chap. III, §5. ) It is also called the _fundamental law_, because it is the_foundation_ of all other laws of the state, which are enacted by thelegislature for regulating intercourse between the citizens, and arecalled the _municipal_ or _civil_ law, and must conform to thefundamental, or political law. 

§3. A constitution is in the nature of an agreement between a wholecommunity or body politic and each of its members. This agreement orcontract implies, that each one binds himself to the whole, and thewhole bind themselves to each one, that all shall be governed by certainlaws and regulations for the common good. 

§4. The nature of a constitution will further appear from the manner inwhich it is made. It is evident that a people, in establishing aconstitution, must have some right or authority to act in the business. Whence this right is derived, we will not now stop to inquire. There is, however, somewhere power to enact a law authorizing the people to make aconstitution and prescribing the manner in which it is to be made. 

§5. In forming a constitution, the people must act collectively. Buttheir number is too large to meet in a single assembly. Therefore theychoose a small number to act for them. One or more are chosen in eachcounty, or smaller district, and are called delegates. A _delegate_ is aperson appointed by another with power to transact business as hisrepresentative. The assembly composed of the delegates so elected, iscalled _convention_; a name given to most public meetings other thanlegislative assemblies. Delegate and representative are words of nearlythe same meaning. The latter, however, usually designates a personchosen to assist in making the laws of the state. 

§6. The rules agreed upon by the convention as a basis of government, are arranged in proper form. The several portions relating to thedifferent subjects are called articles, and numbered; and the articlesare divided into sections, which also are numbered. But what has beenthus prepared by the convention is not yet a constitution. It is only adraft of one, and can not become a constitution without the consent ofthe people to be given at an election. If a majority of the personsvoting at such election vote in favor of the proposed constitution, itis adopted, and becomes the constitution of the state. 

§7. One of the most valuable rights of the people under a freegovernment, is the right to have a constitution of their own choice. Indeed it is in this right that their freedom principally consists. Itis by the constitution that their rights are secured. All the peoplejoin in establishing the constitution; but they do not all unite inmaking and executing the laws; in other words, they do not themselvesadminister the government; this is done by their representatives. But ifthese should enact unjust and oppressive laws; the people, having bytheir constitution reserved the right to displace them, may do so byelecting others in their stead. 

§8. In an absolute monarchy the people have no political rights--theright to establish a form of government for themselves, and the right toelect those who are to make and administer the laws. The monarch hasentire control over his subjects. He can take their lives and propertywhen he pleases. His will is their law; and he has at command a largeforce of armed men to keep his people in subjection. 

§9. In a limited monarchy, the people have some political rights. Such amonarchy is Great Britain. The king or sovereign is in a measurerestrained by laws; and he can not make laws alone. The laws are framedand agreed to by parliament, and must be approved by the king or queen. Parliament consists of two bodies of men, the house of lords and thehouse of commons. The members of the latter are elected by the people, who, in such election, exercise a political right. 

§10. But the political right of establishing a constitution or form ofgovernment, is not enjoyed by the people of that country. They have nowritten instrument, like ours, called constitution, adopted by thepeople. What is there called the constitution, is the aggregate or sumof laws, principles, and customs, which have been formed in the courseof centuries. There is therefore no restraint upon the power ofparliament; hence no law which may be enacted is contrary to theconstitution; and the people have not the same security against theenactment of unjust laws as the people of the United States. 

Chapter VI. 

Qualifications of Electors; or, by whom Political Power is exercised inthe States of this Union. 

§1. One of the first provisions usually inserted in a constitution of afree state, is that which declares who shall be allowed to take a partin the government; that is, to whom the political power shall beintrusted. As this power is exercised by voting at elections, theconstitution very properly prescribes the qualifications of electors, or, in other words, declares what shall be necessary to entitle a man tothe right of voting, or the right of suffrage. When, therefore, we speakof the people politically, we mean those only who are qualifiedelectors. 

§2. To be competent to exercise the right of suffrage, a person must bea freeman, or, as we sometimes say, he should be his own master. Whileunder the control of a parent or guardian, he might be constrained toact contrary to his own judgment. All our state constitutions, therefore, give this right only to free male citizens of the age oftwenty-one years and upwards; twenty-one years being the age at whichyoung men become free to act for themselves. 

§3. But even if this freedom were obtained at an earlier age, it wouldnot be expedient to bestow this right upon persons so young. They havenot the necessary knowledge and judgment to act with discretion. Someare competent at an earlier age; but a constitution can make nodistinction between citizens. It has therefore, in accordance with thegeneral opinion, fixed the time at the age of twenty-one, when men shallbe deemed capable of exercising the rights and performing the duties offreemen. 

§4. That a man may vote understandingly, he must have resided longenough in the state to have become acquainted with its government andlaws, and to have learned the character and qualifications of thepersons for whom he votes. State constitutions therefore require, thatelectors shall have resided in the state for a specified period of time, varying, however, in the different states from three months to twoyears. In most of the states, they must also have resided for somemonths in the county or district, and be residents of the town in whichthey offer to vote. 

§5. But in giving the right of suffrage to all free male citizenstwenty-one years of age, it is not given to every _man_, because all_men_ of that age are not citizens. Persons born in foreign countriesand residing here are _aliens_, and are not entitled to the politicalrights of persons born in this country. They are presumed to have toolittle knowledge of our government, and to feel too little interest inpublic affairs, on their first coming hither, to be duly qualified forthe exercise of political power. Laws, however, have been enacted fornaturalizing aliens after they shall have resided here long enough tobecome acquainted with and attached to our government. By naturalizationthey become citizens, entitled to all the privileges of native ornatural born citizens, (Chap. XXXIV, §3, 4. )

§6. The constitutions of most of the states confer the rights of anelector on _white_ male citizens only. Maine, New Hampshire, Vermont, Massachusetts, and Rhode Island, are the only states in which coloredmen have the same electoral rights as white citizens. In New York, menof color owning a freehold estate (an estate in lands) of the value of$250, are qualified voters. 

§7. It is provided also in state constitutions, that electors committinginfamous crimes are disfranchised. _Franchise_ is a right or privilegeenjoyed by the citizens of a state. Hence the right of voting atelections is called the _elective franchise_; and an elector, whendeprived of this privilege, is _disfranchised_. An _infamous crime_ isone which is punishable by imprisonment in a state prison. Men guilty ofhigh crimes are deemed unfit to be intrusted with so important a duty asthat of electing the persons who are to make and execute the laws of thestate. It is provided, however, that if such persons are pardoned beforethe expiration of the term for which they were sentenced to beimprisoned, their forfeited rights are restored. 

§8. By the earliest constitutions of many of the old states, electorswere required to own property, or to have paid rents or taxes, to acertain amount. In the election of the higher officers, freeholders onlywere entitled to vote. A _freeholder_ is an owner of real estate, (property in lands, ) which he holds in his own right, and may transmitto his heirs. In the constitutions of the newer states, property has notbeen made a qualification of an elector; and in the amendedconstitutions of the old states this restriction upon the electivefranchise has been removed, until it has nearly ceased to exist in theUnited States. It is now enjoyed by all white male freemen, with fewexceptions, in almost every state of the Union. 

Chapter VII. 

Elections. 

§1. For the convenient exercise of political power, as well as for thepurposes of government generally, the territory of a state is dividedinto districts of small extent. It has been remarked, that the people ofa state, being too numerous to meet in one assembly to make laws andtransact the public business, elect a small number to represent them. But to elect these representatives and other officers, and to adopt theconstitution, or fundamental law of the state, are political duties, which must be performed by the people in person, and in a _collective_capacity. Hence the necessity of small territorial divisions, in whichthe people may assemble for political purposes. 

§2. A state is divided into counties, and these are divided into townsor townships. The people of every county and every town have power tomanage their local concerns. The corporate powers of counties and towns, and the election and the powers and duties of county and town officers, will be given in subsequent chapters. 

§3. The electors of the state meet every year in their respective townsfor the election of officers. Meetings for electing town officers are, in a majority of the states, held in the earlier part of the year. Mostofficers elected by the people, other than town officers, are chosen atthe general state election, which, in most of the states, is held inOctober or November. 

§4. Elections are conducted by persons designated by law, or chosen bythe electors of the town for that purpose. It is their duty to preserveorder, and to see that the business is properly done. They are usuallycalled _judges of elections_, or _inspectors of elections_. Personsalso, (usually two, ) serve as clerks. Each clerk keeps a list of thenames of the persons voting, which is called a _poll-list. Poll_, whichis said to be a Saxon word, signifies _head_, and has come to meanperson. Thus, so much a head means so much for every _person_ By afurther change it has been made to signify an election, because thepersons there voting are numbered. Hence, "going to the polls" hasobtained the same meaning as going to an election. 

§5. When the inspectors are ready to receive votes, one of them makes itknown by proclaiming with a loud voice, that "the polls are now open. "The inspectors receive from each voter a ballot, which is a piece ofpaper containing the names of the persons voted for, and the title ofthe office to which each of them is to be elected. _Ballot_, from theFrench, means a little ball, and is used in voting. Ballots are ofdifferent colors; those of one color signifying an affirmative vote, or_yes_; those of another color a negative vote, or _no_. From this hascome the application of the word ballot to the written or printed ticketnow used in voting. 

§6. If no objection is made to an elector's voting, the ballot is putinto the box, and the clerks enter his name on the poll-list. If theinspectors suspect that a person offering to vote is not a qualifiedelector, they may question him upon his oath in respect to hisqualifications as to age, the term of his residence in the state andcounty, and citizenship. Any bystander also may question his right tovote. This is called _challenging_. A person thus challenged is notallowed to vote until the challenge is withdrawn, or his qualificationsare either proved by the testimony of other persons, or sworn to byhimself. 

§7. In a few states, the voters are registered. A list is kept of thenames of all who have, upon examination, been ascertained to bequalified electors; and those only whose names are on the register areallowed to vote. Thus many interruptions to voting by the examination ofvoters at the polls, and much illegal voting, are prevented. Voters insome states are also required to take what is called the "elector'soath, " in which they promise to be true and faithful to the state andits government, and to the constitution of the United States; and togive their votes as they shall judge will conduce to the best good ofthe same. 

§8. After the polls are closed, the box is opened, and the ballots arecounted. If the number of ballots agrees with the number of names on thepoll-lists, it is presumed no mistake has been made, either in voting orin keeping the lists. If the election is one for the choosing of townofficers, it is there determined who are elected, and their election ispublicly declared. 

§9. The election of county and state officers can not be determined bythe town canvassers. A statement of the votes given in each town for thepersons voted for, is sent to the county canvassers, who, from thereturns of votes from all the towns, determine and declare the electionof the officers chosen for the county. To determine the election ofstate officers, and of such others as are elected for districtscomprising more than one county, a statement of the votes given for theseveral candidates, is sent by the several boards of county canvassersto the state canvassers, who, from the returns of votes from the severalcounties, determine the election of the state officers. 

§10. In a few states, voting at elections is done _viva voce_. Thesewords mean by word of mouth. In voting in this manner, the electorspeaks the name of the person for whom he votes. 

§11. In most of the states, persons are elected by a plurality of votes. An election by _plurality_ is when the person elected has received ahigher number of votes than any other, though such number be less than amajority of all the votes given. Suppose, for example, three candidatesreceive 1000 votes: One receives 450; another, 300; the third, 250votes. The first, having the highest number, though not a majority, iselected. In the New England, or eastern states, a _majority_, that is, more than one-half of all the votes given, is necessary to the electionof many of the higher officers. The least number of votes out of 1000, by which a person can be elected by this rule, is 501. 

§12. Either of these modes is liable to objection. When a simpleplurality effects an election, 1, 000 votes may be so divided upon threecandidates as to elect one by 334 votes; or of four candidates, one maybe elected by 251 votes, and against the wishes of nearly three-fourthsof the electors. An objection to the other mode is, that if no personreceives a majority of all the votes, another election must be held. Numerous trials have, in some instances, been necessary to effect achoice; and the people of a district have remained for a time without arepresentative in the state or national legislature. 

Chapter VIII. 

Division of the Powers of Government. 

§1. Having shown the nature of a constitution and the manner in which itis made and adopted, it will next be shown how the powers of governmentunder a state constitution are divided. As the excellence of a form ofgovernment consists much in a proper separation and distribution ofpower, this subject deserves special attention. 

§2. We notice first the separation of the political and civil powers. The words _political_ and _civil_ are often used as having the samemeaning. Thus, speaking of the system of government and laws of acountry, we use the general term, "political institutions, " or "civilinstitutions;" either of which is deemed correct. But these words havealso a particular signification, as has already been shown in thedistinction made in preceding chapters between political rights andcivil rights, and between the political law and the municipal or civillaws. (Chap. II, and III. ) Hence it appears, that what we mean bypolitical power is the power exercised by the people in their politicalcapacity, in adopting their constitution and electing the officers ofthe government; and that, by the civil power is meant the powerexercised by these officers in administering the government. 

§3. In an absolute government, no such distinction exists; all power iscentered in the supreme ruler. There is no political law binding on him. Being himself restrained by no positive laws or regulations that havebeen adopted by the people, or that may be altered by them, the peoplehave no political rights. In a mixed government, or limited monarchy, political power is exercised to some extent. Although there is nowritten constitution adopted by the people, as in a republic, themembers of one branch of the law-making power are elected by the people. In such election they are said to exercise political power. 

§4. We notice next the division of the civil power. This power, in wellconstructed governments, is divided into three departments, thelegislative, the executive, and the judicial. The legislative departmentis that by which the laws of the state are made. The legislature iscomposed of two bodies, the members of which are elected by the people. In limited monarchies where one branch of the legislature is elective, the other is an aristocratic body, composed of men of wealth anddignity, as the British house of lords. 

§5. The executive department is intrusted with the power of executing, or carrying into effect, the laws of the state. There is in thisdepartment a governor, assisted by a number of other officers, some ofwhom are elected by the people; others are appointed in such manner asthe constitution or laws prescribe. The powers and duties of thegovernor of a state will be more particularly described in anotherplace. 

§6. The judicial department is that by which justice is administered tothe citizens. It embraces the several courts of the state. All judgesand justices of the peace are judicial officers; and they have power, and it is their business to judge of and apply the law in cases broughtbefore them for trial. A more particular description of the powers andduties of judicial officers, and the manner of conducting trials incourts of justice, will be given elsewhere. (Chap. XVII-XX. )

§7. Experience has shown the propriety of dividing the civil power intothese three departments, and of confining the officers of eachdepartment to the powers and duties belonging to the same. Those whomake the laws should not exercise the power of executing them; norshould they who either make or execute the laws sit in judgment overthose who are brought before them for trial. A government in which thedifferent powers of making, executing, and applying the laws should beunited in a single body of men, however numerous, would be little betterthan an absolute despotism. 

§8. Again, the legislative department of the civil power is divided. Under all our state constitutions, the legislature consists of twobranches, both of which must agree to a proposed measure before itbecomes a law; and in many of the states, it must also be approved bythe governor. This is making the chief executive officer a third branchof the law-making power; and is not in accordance with the principle ofkeeping the several departments of the civil power separate and distinctfrom each other. The reason for this departure from the generalprinciple mentioned, will be stated in another chapter. (Chap. XI. §16. )

Chapter IX. 

State Legislatures--how constituted. 

§1. The legislature of every state in the union is composed of twohouses--a senate and a house of representatives. The latter, or, as itis sometimes called, the lower house, in the states of New York, Wisconsin, and California, is called the assembly; in Maryland andVirginia, the house of delegates; in North Carolina, the house ofcommons; and in New Jersey, the general assembly. In most of thestates, the two houses together are called _general assembly_. 

§2. The senate, as well as the other house, is a representative body;its members being elected by the people to represent them. Why, then, isonly one of the two branches called the house of representatives?Perhaps for this reason: Under the governments of the colonies, whileyet subject to Great Britian, there was but one representative assembly. The other branch of the legislature was called a _council_, consistingof a small number of men who were appointed by the king. After thecolonies became free and independent states, a senate was substitutedfor the old council, and although it is an elective body, the otherhouse, being much more numerous, is called, by way of distinction, the_house of representatives_. 

§3. Senators are chosen annually in the six New England states, namely, Maine, New Hampshire, Vermont, Massachusetts, Rhode Island, andConnecticut. In the other states they are elected for terms of two, three, or four years. In most of the states in which senators areelected for longer terms than one year, they are not all elected at thesame time. They are divided into classes; and those of one class go outof office one year, and those of another class another year; so thatonly a part of the senators are elected every year, or every two, orthree, or four years. 

§4. The senate, as distinguished from the house of representatives, issometimes called the upper house. It was designed to be a more selectbody, composed of men chosen with reference to their superior ability, or their greater experience in public affairs. 

§5. Senators are differently apportioned in different states. In somestates they are apportioned among the several counties, so that thenumber to be elected in each county shall be in proportion to the numberof its inhabitants. In others they are elected by districts, equal innumber to the number of senators to be chosen in the state, and asenator is elected in each district. The districts are to contain, asnearly as may be, an equal number of inhabitants; and sometimes theycomprise several counties. 

§6. Representatives are apportioned among the counties in proportion tothe population in each. In some states they are elected in districts ofequal population, counties being sometimes divided in the formation ofdistricts. In the New England states, representatives are apportionedamong the towns. In about one-half of the states, they are electedannually; in the others, (including-most of the southern and westernstates, ) they are elected every two years. 

§7. The different modes of apportioning members of the legislature havein view the same object--equal representation; that is, giving a memberto the same number of inhabitants in one county or district as to anequal number in another. But in some counties the population increasesmore rapidly than in others. The representation then becomes unequal, being no longer in proportion to population. 

§8. In order to keep the representation throughout the state as nearlyequal as possible; in other words, to secure to the people of everycounty or district their just proportion of the representatives, theconstitution requires that, at stated times, the people of the stateshall be numbered, and a new apportionment of senators andrepresentatives be made among the several counties according to thenumber of inhabitants in each county; or if the state is one in whichmembers of the legislature are chosen in districts, a new division ofthe state is made into districts. 

§9. But the periods of time between the enumerations of the people, arenot the same in all the states. In some states the enumerations are madeevery ten years; in others, shorter periods have been fixed, from eightdown to four years. This enumeration or numbering of the people iscalled taking the census. _Census_ is from the Latin, and was used bythe ancient Romans to signify a declaration or statement made before thecensors by the citizens, containing an enumeration or register ofthemselves, their wives, children, servants, and their property and itsvaluation. In the United States, although the census sometimes includesa similar register, the word usually means simply an enumeration of thepeople. 

§10. The constitution also prescribes the qualifications of senators andrepresentatives. If, as qualifications for an elector, full age, citizenship, and a considerable term of residence in the state andcounty, are properly required, as we have seen, (Chap. VI. §2-5, ) theymust be at least equally necessary for those who make the laws. In nostate, therefore, are any but qualified electors eligible to the officeof senator or representative. In some states, greater age and longerresidence are required; and in some, the age and term of residence havebeen still further increased in the case of senators. The propertyqualification formerly necessary for members of the legislature, as wellas for voters, has been almost entirely abolished. (Chap. VI. §8. )

§11. If a member of the legislature dies, or resigns his office beforethe expiration of the term for which he was chosen, the vacancy isfilled by the election of another person at the next general election, or at a special election called for that purpose, or in such othermanner as the constitution may provide. But a person chosen to fill avacancy, holds the office only for the remainder of the term of himwhose place he was chosen to supply. 

Chapter X. 

Meetings and Organization of the Legislature. 

§1. The legislature meets as often as the constitution requires, toenact such laws as may be necessary to promote the public welfare, andto perform such other duties as are assigned to it by the constitutionand the laws. In about half of the states, sessions are held annually;in the others biennially, or once in two years. A legislative sessionincludes the daily meetings of a legislature from the time of its firstassembling, to the day of final adjournment. Thus we say the sessioncommenced in January and ended in March. The word _session_ hasreference also to a single sitting, from the hour at which the membersassemble on any day, to the time of adjournment on the same day. Thus wesay, the legislature holds a daily session of four hours; or, it holdstwo sessions a day, as the case may be. 

§2. Meetings of the legislature are held at a place permanently fixed bythe constitution; at which place the principal state officers keep theiroffices. Hence it is called the _seat of government_, or perhaps morefrequently, the _capital_ of the state. _Capital_ is from the Latin_caput_, the head, and has come to mean chief, or the highest. A capitalcity is therefore the chief city of a state or kingdom. But the word_capital_, applied to a city, now generally indicates the seat ofgovernment. 

§3. When the two houses have assembled in their respective chambers, some person designated for that purpose administers to the members ofeach house the oath of office, in which they solemnly swear (or affirm, )that they will support the constitution of the United States, and theconstitution of the state, and faithfully discharge the duties of theiroffice. 

§4. Each house then proceeds to _organize_ for business, by appointingproper officers, and determining the right of members to seats in thehouse. In organizing a legislative body, the first thing done is theelection of a presiding officer, or chairman, who is usually called_speaker_. The lieutenant-governor, in states in which there is one, presides in the senate, and is called _president of the senate_. In theabsence of the presiding officer, a temporary speaker or president ischosen, who is called speaker or president _pro tempore_, commonlyabbreviated, _pro tem. _, which is a Latin phrase, meaning _for thetime_. 

§5. The duty of the person presiding is to keep order, and to see thatthe business of the house is conducted according to certain establishedrules. When a vote is to be taken, he puts the question, which is doneby requesting all who are in favor of a proposed measure, to say _aye_, and those opposed to say _no_. And, when a vote has been taken, hedeclares the question to be carried or lost. This part of a speaker'sbusiness is similar to that of the chairman of an ordinary publicmeeting. 

§6. The other officers chosen by each house are, a _clerk_ to keep arecord or journal of its proceedings; to take charge of papers, and toread such as are to be read to the house; and to do such other things asmay be required of him; a _sergeant-at-arms_, to arrest members andother persons guilty of disorderly conduct, to compel the attendance ofabsent members, and to do other business of a like nature: also one ormore _door-keepers_. The officers mentioned in this section are notchosen from the members of the house. 

§7. The constitution does not prescribe to either house the order ofbusiness, or the particular manner in which it shall be done; butauthorizes each house to determine for itself the rules of itsproceedings. But there are sundry things which it expressly enjoins. Itdetermines what portion of the members shall constitute a quorum to dobusiness. _Quorum_ is the Latin of the English words, _of whom_, and hasstrangely come to signify the _number_ or _portion_ of any body of menwho have power to act for the whole. Thus with reference to alegislative body consisting of a certain number of members, instead ofsaying, A majority _quorum_ shall have power to act; or, A majority _ofwhom_ shall have power to act, our constitutions generally say, Amajority shall constitute a quorum to do business. In some states, morethan a bare majority is required for a quorum. 

§8. Constitutions generally require also that the proceedings oflegislative bodies shall be open to public inspection. The doors may beclosed against spectators only when the public good shall requiresecrecy. And that the people may be fully informed of what is done, eachhouse is required to keep and publish a journal of its proceedings. 

§9. Provision is also made, either by the constitution or by lawsagainst injury or interruption to the business of the legislature. Members may not, by any prosecution at law, except for crimes andmisdemeanors, be hindered during their attendance at the sessions of thelegislature, nor in going to or returning from the same. Each house maycompel the attendance of absent members. It may for good cause expel amember, and punish, not only its members and officers, but otherpersons, for disorderly conduct, or for obstructing its proceedings. 

Chapter XI. 

Manner of Enacting Laws. 

§1. When the two houses are duly organized and ready for business, thegovernor sends to both houses a written communication called _message_, in which, as the constitution requires, he gives to the legislatureinformation of the condition of the affairs of the state, and recommendssuch measures as he judges necessary and expedient. The message is readto each house by its clerk. 

§2. But the measures to which the governor calls the attention of thelegislature, are but a small portion of those which are considered andacted upon. Many are introduced by individual members. Others arebrought into notice by the petitions of the people in different parts ofthe state. _Petition_ generally signifies a request or prayer. As hereused, it means a written request to the legislature for somefavor--generally for a law granting some benefit or relief to thepetitioners. Petitions are sent to members, usually to those whorepresent the counties or districts in which the petitioners live, andare by these members presented to the house. 

§3. Now it is evident, that a proper consideration of the numeroussubjects pressed upon the attention of the legislature--some of them ofvery great importance--must require much labor. If the necessaryinvestigation of so many subjects should occupy the time of the wholehouse, there would not be time enough to act upon one-half of them. Therefore, in order to dispatch business, the labor of the house must bedivided, that the investigation of all the different subjects may begoing on at the same time. 

§4. Hence arises the practice which prevails in all legislative bodies, of the appointment of committees. As soon as may be, after a house isorganized, committees are appointed on all subjects usually acted on inthe legislature. A legislative committee is generally composed of three, five, or seven members, who examine the subjects referred to them, andreport the result of their examination to the house. Committees areappointed by the presiding officer of each house. Occasionally, thoughvery rarely, they are elected by the house itself. 

§5. Some or all of the following committees are appointed in everylegislature: a committee on finance, or the funds, income, and othermoney matters of the state, sometimes called the committee of ways andmeans; a committee on agriculture; a committee on manufactures;committees on the incorporation of cities and villages; on banks andinsurance companies; on railroads; on canals; on education; onelections; on public printing, besides many others. So numerous arethese subjects, that in constituting the committees, every member may beput on some committee. 

§6. All matters relating to these subjects of a general nature, whicharise during the session, are referred to their appropriate committees. Thus, a question or proposition relating to banks, is referred to thecommittee on banks; matters relating to rail-roads, are referred to thecommittee on rail-roads; those relating to schools, are referred to thecommittee on education, &c. As these committees continue during thesession, they are called _standing_ committees. When a question ariseshaving no relation to any subject on which there is a standingcommittee, it is usually referred to a _special_ or _select_ committeeappointed to consider this particular matter. 

§7. Committees meet in private rooms, during hours when the house is notin session; and any person wishing to be heard in favor of or against aproposed measure, may appear before the committee having it in charge. Having duly considered the subject, the committee reports to the housethe information it has obtained, with the opinion whether the measureought or ought not to become a law. Measures reported against bycommittees, seldom receive any further notice from the house. 

§8. From what has been said, the utility of committees is readily seen. Although no proposed measure can become a law unless acted on andapproved by the two houses, its necessity may be inquired into, and theinformation necessary to enable the house to act understandingly uponthe question, may be obtained, as well by a few members as by the wholehouse. By the daily examination of so many subjects in committee, alarge amount of business is soon prepared for the house to act upon, andmuch of its time is saved. 

§9. If a committee reports favorably upon a subject, it usually bringsin a bill with its report. A _bill_ is the form or draft of a law. Notall bills, however, are reported by committees. Any member of the housedesiring the passage of a law, may give notice that he will, on somefuture day, ask leave of the house to introduce a bill for that purpose;and if, at the time specified, the house shall grant leave, he mayintroduce the bill. But at least one day's previous notice must be givenof his intention to ask leave, before it can be granted. 

§10. The different steps in the progress of a bill, or the differentforms of action through which it has to pass, are numerous. A minutedescription of them in a work designed chiefly for youth, will scarcelybe expected. A thorough knowledge of the proceedings of legislativeassemblies, can be practically beneficial, in after life, to but few ofthose who shall study this elementary treatise. Those who shallhereafter have occasion for this knowledge, will find works adapted to amore mature age, in which the subject is fully treated. 

§11. A bill, before it is passed, must be read three times; but it maynot be read twice on any one day without unanimous consent, that is, theconsent of the whole house; or, as is believed to be the rule in somebodies, the consent of three-fourths, or two-thirds of the house. Insome legislatures, the rule allows the first and second readings to beon the same day. A bill is not to be amended until it shall have beentwice read. Nor is it usual for it to be opposed until then; but it maybe opposed and rejected at the first reading. 

§12. After a bill has been twice read, and fully debated and amended, itis proposed to be read on a future day the third time. If the questionon ordering the bill to a third reading is not carried, the bill islost, unless revived by a vote of the house to reconsider. But if thequestion to read the third time is carried, the bill is accordingly readon a future day, and the question taken on its final passage. 

§13. When the final vote is to be taken, the speaker puts the question:"Shall the bill pass?" If a majority of the members present vote in theaffirmative, (the speaker also voting, ) the bill is passed; if amajority vote in the negative, the bill is lost. Also if the ayes andnoes are equal, it is lost, because there is not a majority in itsfavor. In a senate where a lieutenant-governor presides, not beingproperly a member, he does not vote, except when the ayes and noes areequal; in which case there is said to be a _tie_; and he determines thequestion by his vote, which is called the _casting_ vote. In somestates, on the final passage of a bill, a bare majority of the memberspresent is not sufficient to pass it, in case any members are absent. The constitutions of those states require the votes of a majority of_all the members elected_ to each house. 

§14. When a bill has passed one house it is sent to the other, where itmust pass through the same forms of action; that is, it must be referredto a committee; reported by the committee to the house; and be readthree times before a vote is taken on its passage. This vote havingbeen taken, the bill is returned to the house from which it wasreceived. If it has been amended, the amendments must be agreed to bythe first house, or the second must recede from their amendments, or theamendments must be so modified as to secure the approval of both houses, before the bill can become a law. 

§15. Some young reader may inquire why a bill should take so long andslow a course through two different houses; and why one body ofrepresentatives is not sufficient. The object is to secure the enactmentof good laws. Notwithstanding bills go through the hands of a committeeand three different readings in the house; yet through undue haste, wrong information, or from other causes, a house may, and often does, commit serious errors. Legislatures are therefore divided into twobranches; and a bill having passed one house is sent to the other wherethe mistakes of the former may be corrected, or the bill whollyrejected. 

§16. But in many of the states, a bill, when passed by both houses, isnot yet a law. As the two houses may concur in adopting an unwisemeasure, an additional safeguard is provided against the enactment ofbad laws, by requiring all bills to be sent to the governor forexamination and approval. If he approves a bill, he signs it, and it isa law; if he does not sign it, it is not a law. In refusing to sign abill, he is said to _negative_, or _veto_ the bill. _Veto_, Latin, means, _I forbid_. 

§17. But no governor has full power to prevent the passage of a law. Ifhe does not approve a bill, he must return it to the house in which itoriginated, stating his objections to it; and if it shall be againpassed by both houses, it will be a law without the governor's assentBut in such cases greater majorities are generally required to pass alaw. In some states, a majority of two-thirds of the members present isnecessary; in others, a majority of _all the members elected_. In a fewstates, only the same majorities are required to pass a bill againstthe veto as in the first instance. Or if the governor does not return abill within a certain number of days, it becomes a law without hissignature, or without being considered a second time. In some states, bills are not sent to the governor, but are laws when passed by bothhouses and signed by their presiding officers. 

Chapter XII. 

Executive Department. Governor and Lieutenant-Governor. 

§1. The chief executive power of a state is, by the constitution, vestedin a governor. The governor is chosen by the people at the generalelection; in South Carolina by the legislature. The term of office isnot the same in all the states. In the six New England states, thegovernors are chosen annually; in the other states, for the differentterms of two, three, and four years. 

§2. The qualifications for the office of governor are also different inthe different states. To be eligible to the office of governor, a personmust have been for a certain number of years a citizen of the UnitedStates, and for a term of years preceding his election a resident of thestate. He must also be above a certain age, which, in a majority of thestates, is at least thirty years; and in some states he must be afreeholder. 

§3. The powers and duties of a governor are numerous. He communicates bymessage to the legislature, at every session, information of thecondition of the state of its affairs generally, and recommends suchmeasures as he judges necessary and expedient. He is to take care thatthe laws be faithfully executed, and to transact all necessary businesswith the officers of the government. He may convene the legislature onextraordinary occasions: that is, if, at a time when the legislature isnot in session, a matter should arise requiring immediate attention, thegovernor may call a special meeting of the legislature, or as it isusually termed, an extra session. 

§4. A governor has power to grant reprieves and pardons, except in casesof impeachment, and, in some states, of treason. To _reprieve_ is topostpone or delay for a time the execution of the sentence of death upona criminal. To _pardon_ is to annul the sentence by forgiving theoffense and releasing the offender. A governor may also _commute_ asentence; which is to exchange one penalty or punishment for another ofless severity; as, when a person sentenced to suffer death, is orderedto be imprisoned. 

§5. The governor has power also, in some of the states, with the consentof the senate, to appoint the higher officers of the militia of thestate, and the higher civil officers in the executive and judicialdepartments. In a few of the states, there are executive councils whoseadvice and consent are required in such cases. In making suchappointments, the governor nominates, that is, he _names_ to the senate, in writing, the persons to be appointed. If a majority of the senatorsconsent, the persons so nominated are appointed. Many other duties areby the constitution devolved upon the governor. 

§6. A lieutenant-governor has few duties to perform. He presides in thesenate, in which he has only a casting vote. In the state of New York, he serves in some of the boards of executive officers. In nearlyone-half of the states the office of lieutenant-governor does not exist. The chief object of electing this officer seems to be to provide asuitable person to fill the vacancy in the office of governor in casethe latter should die, resign, be removed, or otherwise becomeincompetent. 

§7. When the lieutenant-governor acts as governor, the senate choosesfrom its own number a president. If the offices of both the governor andlieutenant-governor should become vacant, the president of the senatemust act as governor. If there should be neither a governor, alieutenant-governor, nor a president or speaker of the senate, then, thespeaker of the house of representatives would become the actinggovernor. This is believed to be the rule for supplying vacancies inmost if not all of the states. 

Chapter XIII. 

Assistant Executive State Officers. 

§1. Among the executive officers who assist in the administration of thegovernment, there are in every state, some or all of the following: asecretary of state, a controller or auditor, a treasurer, anattorney-general, a surveyor-general. The mode of their appointment andthe terms of their respective offices, are prescribed by theconstitution or by law. In some states they are appointed by thegovernor and senate; in others by the legislature; and in others theyare elected by the people. They keep their offices at the seat ofgovernment of the state. 

§2. The _secretary of state_ keeps a record of the official acts andproceedings of the legislature and of the executive departments, and hasthe care of the books, records, deeds of the state, parchments, the lawsenacted by the legislature, and all other papers and documents requiredby law to be kept in his office. He causes the laws passed by thelegislature to be published in one or more newspapers, as directed bylaw; and also to be printed and bound in a volume, and distributed amongthe state officers for their use, and among the county and town clerks, to be kept in their offices for the use of the people who wish toexamine the laws. Also one or more copies are exchanged with each of theother states for copies of their laws to be kept in the state library. Various other duties are performed by the secretary. 

§3. The _state auditor_, in some states called _controller_, managesthe financial concerns of the state; that is, the business relating tothe money, debts, land and other property of the state. He examines andadjusts accounts and claims against the state, and superintends thecollection of moneys due the state. When money is to be paid out of thetreasury, he draws a warrant (a written order, ) on the treasurer for themoney, and keeps a regular account with the treasurer of all moneysreceived into and paid out of the treasury. And he reports to thelegislature or other proper officers, a statement of the funds of thestate, and of its income and expenditures during each year. 

§4. The _treasurer_ has charge of all the public moneys that are paidinto the treasury, and pays out the same as directed by law; and hekeeps an accurate account of such moneys, specifying the names of thepersons from whom they are received, to whom paid, and for whatpurposes. He also exhibits annually a statement of moneys received andpaid out by him during the year, and of the balance in the treasury. 

§5. Auditors, treasurers, and other officers intrusted with the care andmanagement of money or other property, are generally required, beforethey enter on the duties of their offices, to give bonds, in sums ofcertain amount specified in the law, with sufficient sureties, for thefaithful performance of their duties. The sureties are persons who bindthemselves to pay the state all damages arising from neglect of duty onthe part of the officers, not exceeding the sum mentioned in the bond. 

§6. The _attorney-general_ is a person learned in the law, appointed toact for the state in law-suits in which the state is a party. Heprosecutes persons indebted to the state, and causes to be brought totrial persons charged with certain crimes. He also gives his opinion onquestions of law submitted to him by the governor, the legislature, andthe executive officers. In some states there is no attorney-general. Insuch states prosecutions in behalf of the state are conducted by thestate's attorney for each county. 

§7. The _surveyor-general_ superintends the surveying of the landsbelonging to the state. He keeps in his office maps of the state, describing the bounds of the counties and townships; and when disputesarise respecting the boundaries, he causes surveys to be made, ifnecessary, to ascertain such bounds. He performs certain other duties ofa similar nature. In many of the states there is no surveyor-general, the duties of that office being done by a county surveyor in eachcounty. 

§8. There is also, in many of the states, a _superintendent of schools_, called in some states, _superintendent of public instruction_, whoseprincipal duties are described in a subsequent chapter. (Chap. XXII, §10. )

§9. There is also a printer to the state, or _state printer_, whosebusiness it is to print the journal, bills, reports, and other papersand documents of the two houses of the legislature, and all the lawspassed at each session. State printers are either chosen by thelegislature, or employed by persons authorized to make contracts for thepublic printing; or the printing is let to the lowest bidder. 

§10. There are other officers employed by the state, among whom are thefollowing: a _state librarian_, who has charge of the state library, consisting of books containing matter of a public nature, such as thelaws of all the states, and of the United States, with a largecollection of miscellaneous books; persons having the care of the publicbuildings and other property of the state; superintendents of stateprisons, lunatic asylums, and other state institutions, whose duties areindicated by their titles, and need no particular description. 

Chapter XIV. 

Counties ind County Officers. Powers and Duties of County Officers. 

§1. Some of the purposes for which a state is divided into smalldistricts have been mentioned. (Chap. VII, §1. ) There are other reasons, equally important, for these territorial divisions. Laws for the wholestate are made by the legislature; but certain regulations may benecessary for the people in some parts of the state which are not neededin others, and which the people of these places can better make forthemselves. It is the business of the governor and his assistantexecutive state officers to execute or carry into effect the laws of thestate; but they could not see this done in every place, or in everyminute portion of the state. Again, for the convenience of those who maybe obliged to go to law to obtain redress for injuries, courts ofjustice must be established near the residence of every citizen. 

§2. But in order to carry out these objects, a state must be dividedinto small districts with fixed boundaries, that it may be known whatpersons come under certain regulations, and over whom these localofficers are to exercise authority. The smallest territorial divisionsof a state are called _townships_, or _towns_, which contain generallyfrom twenty-five to one hundred square miles, and which, if in a squareform, would be from five to ten miles square. But for certain purposeslarger districts than townships have been found necessary. These areformed by the union of several townships, and are called _counties_. These divisions are the same as those of England, the country from whichthe colonies (now states) were chiefly settled. 

§3. Counties in England were formerly districts governed by _counts_ orearls; from which comes the name of _county_. A county was also called_shire_; and an officer was appointed by the count or earl to performcertain acts in the principal town in the county, which was called_shire town_, and the officer was called _shire-reeve_, or _sheriff_, whose powers and duties were similar to those of the sheriff of a countyin this country. The shire town is that in which the court-house andother county buildings are situate, and where the principal officers ofthe county transact their business. In a few counties there are twotowns in which the courts are held alternately. Hence each division iscalled a _half-shire_. 

§4. Counties and towns are bodies politic, or bodies corporate. _Corporate_ is from the Latin, _corpus_, which means _body_. A_corporation_, or body politic, is an association of persons authorizedby law to transact business under a common name, and as a single person. The laws of the state give such authority to the inhabitants of countiesand towns. The people of a town or county have power, to some extent, tomanage their own internal affairs, and to make rules and regulations fortheir government; and they may buy, hold, and sell property, and sue andbe sued, as an individual. Similar powers are given to rail-road, banking, insurance, and other incorporated companies. But there is insome respects a difference between these corporations and those whichare created for purposes of government, as states, counties, towns, cities, and villages, which will be noticed in another place. (Chap. XVI. )

§5. As a county possesses various corporate powers, there must be amongits officers some in whose name these powers are to be exercised. Insome states there is a board of _county commissioners_, (usually three, )who exercise corporate powers. In a few, these powers are exercised byand in the name of the _board of supervisors_, which is composed of thesupervisors of the several towns in the county, of whom there is onesupervisor in each town. These boards, or such officers in other statesas exercise these powers, have generally the power also to examine andsettle the accounts against the county, and to make orders and contractsin relation to the building or repairing of the court-house, jail, andother county buildings; and to perform such other acts as the lawsrequire. 

§6. There is in each county a _treasurer_ to receive and pay out themoneys required to be collected and paid out in the county. There isalso, in some states, a county _auditor_ to examine and adjust theaccounts and debts of the county, and to perform certain other duties. The business of county treasurers and auditors in their respectivecounties, is of the same nature as that of state auditors andtreasurers. In states in which there is no county auditor, the duties ofauditor are performed by the treasurer, and some other county officer orofficers. 

§7. There is also in each county a _register_ or _recorder_, who recordsin books provided for that purpose, all deeds, mortgages, and otherinstruments of writing required by law to be recorded. In New York, andperhaps in some other states, the business of a register or recorder isdone by a county clerk, who is also clerk of the several courts held inthe county, and of certain boards of county officers. In some states, deeds, mortgages, and other written instruments, are recorded by thetown clerks of the several towns. 

§8. Another county officer is a _sheriff_, whose duty it is to attendall the courts held in the county; to execute all warrants, writs, andother process directed to him by the courts; to apprehend personscharged with crime; and to take charge of the jail and of the prisonerstherein. It is his duty, also, to preserve the public peace; and he maycause all persons who break the public peace within his knowledge orview, to give bonds, with sureties, for keeping the peace, and forappearing at the next court to be held in the county, and to commit themto jail if they refuse to give such bonds. A sheriff is assisted bydeputies. 

§9. There are in each county one or more _coroners_, whose principalduty is, to inquire into the cause of the death of persons who have diedby violence, or suddenly, and by means unknown. Notice of the death of aperson having so died is given to a coroner, who goes to the place ofsuch dead person. A jury is summoned to attend the examination;witnesses are examined; and the jury give their opinion in writing as tothe cause and manner of the death. Such inquiry is called a _coroner'sinquest_. In one or two states, the office of coroner, it is believed, does not exist; in which case the inquest is held by a justice of thepeace, or some other officer. 

§10. An attorney, elected or appointed for that purpose, attends allcourts in which persons are tried in the county for crimes committedtherein, and conducts the prosecutions in the trial of the offenders. Instates where there is no attorney-general for the state, the prosecutingattorney for each county serves in this capacity, in trials in which thestate is a party. As all crimes and breaches of the peace are consideredas committed against the state, and prosecuted in its name, thisattorney is sometimes called _state's attorney_. 

§11. In some states there is a _county-surveyor_, whose duties withinhis county are similar in their nature to those of a statesurveyor-general. 

§12. County officers are generally elected by the people of the county. Some of them are, in some of the states, appointed by some authorityprescribed by the constitution or laws of the state. 

Chapter XV. 

Towns and Town Officers. Powers and Duties of Town Officers. 

§1. The districts of territory into which counties are divided, are, insome states, called _towns_. In others they are called, and perhaps moreproperly, _townships_; and the name of _town_ is given to anincorporated village, or a city. We shall, however, in this work, applyto these territorial divisions the shorter name of _towns_, as they arecalled in most of the old states. 

§2. The electors of the several towns meet once a year for the electionof town officers, and for certain other business purposes. The electorsof a town have power, at their annual town meetings, to order money tobe raised for the support of the poor, for the building and repairing ofbridges, and for other town purposes; to make regulations concerningfences; to fix the compensation of town officers in certain cases; andto perform such other duties as come within the usual powers of towns. The powers of towns, however, are not precisely the same in all thestates. 

§3. Among the town officers elected at town meetings, are the following;not all of them, however, are elected in any one state: One or morepersons who have the general oversight and direction of town affairs, called by some name corresponding to the nature of their duties; a townclerk; one or more assessors; justices of the peace; overseers ofhighways; overseers of the poor; school officers; constables; acollector of taxes; a treasurer; fence-viewers; pound-keepers, &c. Insome states there are also sealers of weights and measures; persons tomeasure and inspect wood, lumber, bark, and other commodities. 

§4. The officers first mentioned in the preceding section, are, in theNew England states, called _selectmen_, of whom there are at leastthree, and may in no state be more than nine, in each town. In a fewstates they are called _trustees of townships_, and are three in number. In a few other states, there is in each town one such officer, called_supervisor_. The powers and duties of these officers are more numerousin some states than in others. They have power to lay out roads, and layout and alter road districts; to do certain acts relating to roads, bridges, taxes, common schools, the support of the poor, &c. ; and toexamine and settle all demands against the town. In some of the states, some of these duties are performed by other officers. 

§5. The _town-clerk_ keeps the records, books, and papers of the town. He records in a book the proceedings of town meetings, the names of thepersons elected, and such other papers as are required by law to berecorded. In some states, deeds and other conveyances are required to berecorded by the clerks of towns. 

[For a description of the duties of _assessors_ and _justices of thepeace_, see Assessment and Collection of Taxes, and Justices' Courts. ]

§6. For the repairing of _highways_, a town is divided by the properofficers into as many road districts as may be judged convenient; and aperson residing in each district is chosen, called _overseer_ or_supervisor_, or _surveyor_ of _highways_, whose duty it is to see thatthe roads are repaired and kept in order in his district. In some statesa tax is laid and collected for this purpose; and each person assessedmay perform labor or furnish materials to the amount of his tax. Inother states, road taxes are assessed upon the citizens in days' labor, according to the value of their property; every man, however, beingfirst assessed one day for his head, which is called a _poll-tax_. Persons not wishing to labor, may pay an equivalent in money, which iscalled _commuting_. 

§7. _Overseers of the poor_ provide for the support of the poorbelonging to the town who need relief, and have no near relations whoare able to support them. In some states there is in each county apoor-house, to which the poor of the several towns are sent to beprovided for; the expense to be charged to the towns to which such poorpersons belonged. 

§8. The principal duties of a _constable_ are, to serve all processesissued by justices of the peace in suits at law for collecting debts, and for arresting persons charged with crimes. The business of aconstable in executing the orders of a justice of the peace, is similarto that of a sheriff in relation to the county courts. 

§9. The town _treasurer_ receives all moneys belonging to the town, andpays them out as they may be wanted for town-purposes; and accountsyearly to the proper officers. The office of town treasurer does notexist in all the states. 

§10. The duties of _fence-viewers_ relate chiefly to the settling ofdisputes between the owners of adjoining lands concerning divisionfences, the examining or viewing of fences when damage has been done bytrespassing animals; and the estimating of damages in such cases. 

§11. The town _sealer_ keeps correct copies of the standard of weightsand measures established by the state. Standard copies are furnished bythe state sealer to each county sealer, at the expense of the county, and the county sealer furnishes each town sealer a copy at the expenseof the town. The town sealer compares the weights and measures broughtto him with the copy in his possession, and sees that they are made toagree with it, and seals and marks them. A person selling by a weight ormeasure that does not agree with the standard, is liable to thepurchaser for damages--generally to several times the amount of theinjury. 

For a particular description of the duties of town officers, referencemust be had to the laws of the several states. 

Chapter XVI. 

Incorporation and Government of Cities, Villages, &c. 

§1. Cities and incorporated villages have governments peculiar tothemselves. Places containing a large and close population need adifferent government from that of ordinary towns or townships. Many ofthe laws regulating the affairs of towns thinly inhabited, are notsuited to a place where many thousand persons are closely settled. Besides, the electors in such a place would be too numerous to meet in asingle assembly for the election of officers or the transaction of otherpublic business. 

§2. Whenever, therefore, the inhabitants of any place become so numerousas to require a city government, they petition the legislature for a lawincorporating them into a city. The law or act of incorporation isusually called a _charter_. The word _charter_ is from the Latin_charta_, which means paper. The instruments of writing by which kingsor other sovereign powers granted rights and privileges to individualsor corporations, were written on paper or parchment, and called_charters_. In this country, it is commonly used to designate an act ofthe legislature conferring privileges and powers upon cities, villages, and other corporations. 

§3. The chief executive officer of a city is a _mayor_. A city isdivided into wards of convenient size, in each of which are chosen oneor more _aldermen_, (usually two, ) and such other officers as are namedin the charter. The mayor and aldermen constitute the _common council_, which is a kind of legislature, having the power to pass such laws, (commonly called _ordinances_, ) and to make such orders and regulations, as the government of the city requires. The mayor presides in meetingsof the common council, and performs also certain judicial and otherduties. There are also elected in the several wards, assessors, constables, collectors, and other necessary officers, whose duties intheir respective wards are similar to those of like named officers incountry towns, or townships. 

§4. The inhabitants of cities, however, are not wholly governed by lawsmade by the common council. Most of the laws enacted by the legislatureare of general application, and have the same effect in cities aselsewhere. Thus the laws of the state require, that taxes shall beassessed and levied upon the property of the citizens of the state todefray the public expenses; and the people of the cities are required topay their just proportion of the same; but the city authorities lay andcollect additional taxes for city purposes. 

§5. In cities there are also courts of justice other than those whichare established by the constitution or general laws of the state. Thereis a court for the trial of persons guilty of disturbing the peace, andof such other minor offenses as are usually punishable by imprisonmentin the county jail, called _police court_. It is held by a _policejustice_, elected by the people, or appointed in such manner as the lawprescribes. In some of the larger cities, there are courts of _civil_ aswell as criminal jurisdiction, differing from those which are common tocounties generally. 

§6. The government of incorporated _villages_ is not in all respectslike that of cities. The chief executive officer of such a village is, in some states, called _president_. The village is not divided intowards; the number of its inhabitants being too small to require suchdivision. Instead of a board of aldermen, there is a board of _trustees_or _directors_, who exercise similar powers. The president of a villageis generally chosen by the trustees from their own number. In somestates, incorporated villages are called _towns_; and their chiefexecutive officer is called _mayor_. 

§7. The necessity and effect of incorporating a village may not yetclearly appear to every reader. Let us illustrate. By a general law ofthe state, or by a vote of the electors of a township in pursuance ofsuch law, cattle may run at large in the highways. This might be to manypersons in a village, a great annoyance, which can be prevented orabated only by confining the cattle. Or, sidewalks may need to be made. Or, it may be deemed necessary to provide means for extinguishing fires, by purchasing fire-engines and organizing fire companies. In anunincorporated village there is no power to compel the citizens to dothese things. Those, therefore, who desire that the citizens should havepower to make all needful regulations for the government of the village, petition the legislature for an act of incorporation granting thenecessary powers. 

§8. The constitutions of some states require the legislature to pass ageneral law prescribing the manner in which the people of any villagemay form themselves into a corporation, with the necessary powers ofgovernment, with out a special law for that purpose. 

§9. Besides these _territorial_ corporations for purposes of government, as counties, towns, cities, &c. , there are _incorporated companies_ forcarrying on business of various kinds, as turnpike and rail-roadcompanies, and companies for the purposes of banking, insurance, manufacturing, &c. These kinds of business, to be carried onsuccessfully, sometimes require a larger amount of money than one manpossesses. A number of persons, therefore, unite their capital under anact of incorporation granting them power to manage their business whichthey could not have in an ordinary business partnership. Besides, acommon partnership must end on the death of any one of the partners; butan incorporated company is not thus affected by the death of itsmembers. 

§10. It is in the nature of corporations to have a perpetual existence. A corporation may live after the persons who first composed it are alldead; for those who come after them have the same powers and privileges. A town or city incorporated a hundred years ago, is the same town orcity still, although none of its first inhabitants are living. So arailroad or banking corporation may exist after the death of many, oreven all of the original corporators. 

§11. But there are certain particulars in which all corporations are notthe same. A state has been defined to be a body politic, or corporation. (Chap. I. §10; III, §5. ) But it differs from other governmentcorporations, as counties, towns, cities, &c. , in this: the latter areformed by acts of the legislature; but a state is formed by the peoplein their political capacity in establishing the constitution. 

§12. Again, all these government corporations differ from incorporatedbusiness companies. In forming a town or city, many persons are broughtinto the corporation against their wishes or consent; because, ingovernments, all who live within certain prescribed bounds must comeunder the same laws; but of an incorporated business association, as ofa common business partnership, none become members but by their own actor choice. There is another difference: The latter are what are called_stock_ companies; and although they may be continued after the death ofthe first corporators, those who afterward come into the association, doso by becoming owners of the capital stock of those who preceded them. This latter difference will more clearly appear from the more particulardescription, elsewhere given, of the incorporated companies, and of themanner in which the stock is transferred. (Chap. XXIII, §11--15. )

Chapter XVII. 

Judicial Department. Justices' Courts. 

§1. Having seen how the legislative and executive departments of a stategovernment are constituted, and how the laws are made and executed, themanner in which the local affairs of counties and towns are conducted, and the powers and duties of their respective officers; we proceed todescribe the _judicial_ department, the powers and duties of judicialofficers, and the manner in which justice is administered. 

§2. It is the business of the legislature to determine what acts shallbe deemed public offenses, or crimes, and to make laws for securingjustice to the citizens in their dealings and general intercourse witheach other; but to judge of and apply the laws; that is, to determinewhat the law is and whether it has been broken, and to fix the justmeasure of damage or of punishment, and to order such decision to becarried into effect, are duties which, as has been observed, have beenwisely assigned to a separate and distinct department. (Chap. VIII. §7. )

§3. A government without some power to decide disputes, to awardjustice, and to punish crime according to the laws of the state, wouldnot be complete. To allow every man to be his own judge in cases ofsupposed injury, and to redress his own wrongs, would endanger therights of others. Justice is best secured to the citizens byestablishing courts for the redress of injuries and the punishment ofcrimes; and that no person may suffer unjustly, it is provided thatevery person charged with crime or any other wrong, is entitled to afair and impartial trial. 

§4. For the convenience of persons who may be compelled to seek reliefat law, courts are established in every town. These are courts of thelowest grade, and are called _justices' courts_, being held by justicesof the peace who are, in most of the states, elected by the people ofthe several towns. They are called the lowest courts, because they havejurisdiction only in cases in which the smallest sums or damages areclaimed, or in which only the lowest offenses are tried. The word_jurisdiction_ is from the Latin _jus_, law, or _juris_, of the law, and_dictio_, a pronouncing or speaking. Hence the _jurisdiction_ of a courtmeans its power to pronounce the law. 

§5. Although justices of the peace are generally elected in the towns, their jurisdiction extends over the county; that is, they have power totry causes arising in any part of the county, or between citizensresiding in other towns. The jurisdiction of justices of the peace isgenerally prescribed by law. The law prescribes the sum that may be suedfor, or the amount of damage that may be recovered in a justice's court, and the grade of offenses that may be tried in it. In some statesjustices of the peace may try suits only in which the sum in controversydoes not exceed $50; but in most of them, the jurisdiction of a justiceextends, it is believed, to sums of $100 or more. 

§6. Causes, in which money is claimed for damage or for debt, are called_civil_ causes; those for the trial of persons charged with crime, orsome misdemeanor, are called _criminal_ causes. All crimes, strictlyspeaking, are misdemeanors. In common usage, however, the word_misdemeanor_ denotes a smaller offense, such as is usually punishableby fine, or by imprisonment in a county jail, and not in a state prison. Causes, actions, and suits, are words of similar meaning in lawlanguage, being generally used to signify prosecutions at law, orlawsuits. The party that sues is called _plaintiff_; the party sued isthe _defendant_. 

§7. Prosecutions at law are conducted in nearly the same manner in thedifferent states. The following is a sketch of the proceedings in anordinary civil suit in a justice's court: The justice, at the request ofthe plaintiff, issues a _summons_, which is a writ or precept addressedto a constable of the town, in some states to any constable of thecounty, commanding him to summon the defendant to appear before thejustice on a day and at an hour specified, to answer the plaintiff(naming him) in a suit, the nature of which is stated in the summons. 

§8. The constable serves the summons by reading it or stating thesubstance of it to the defendant; and if requested, gives him a copy ofit. If he does not find the defendant, he leaves a copy at his place ofresidence with some one of the family of proper age. At or before thetime named for trial, the constable returns to the justice the summonswith an indorsement stating the day on which it was served, and whetherserved personally or by copy. If served by copy, and the defendant doesnot appear at the time named for trial, a new summons is issued, as thepractice is in some states--perhaps all of them; and the trial may notproceed unless a summons has been personally served. 

§9. The parties may appear in person, or by attorney. An _attorney_ isany person lawfully appointed to transact business for another; hencethe word attorney does not always mean an attorney at law, or lawyer, who is properly an officer of a court of law. When the parties haveappeared and answered to their names, they make their _pleadings_; thatis, the plantiff declares for what he brings his suit; and the defendantstates the nature of what he has to _offset_ against the demand of theplaintiff, or denies the demand altogether. These acts of the partiesare called _joining issue_. 

§10. If the parties are ready for trial, the justice proceeds to try theissue. If the witnesses have not been subpœned and are not inattendance, the cause is adjourned to a future day; and the justice, atthe request of either party, issues a _subpœna_, which is a writcommanding persons to attend in court as witnesses. The witnesses onboth sides are examined by the justice, who decides according to law andequity, as the right of the case may appear, in which he is said to_give judgment_. To the amount of the judgment, whether against theplaintiff or the defendant, are added the costs; for it is considered tobe just that the party in default shall pay the expense of the suit. The costs consist of the _fees_ or compensation to be paid the justice, constable and witnesses for their services. 

§11. If a defendant does not appear at the time of trial, the justicemay proceed to try the cause, and decide upon the testimony of theplaintiff's witnesses. If a plaintiff does not answer or appear when hisname is called in court, the justice enters judgment of _nonsuit_. Aplaintiff may, at any time before judgment is rendered, discontinue orwithdraw his action, in which case also judgment of nonsuit is given. Incases of nonsuit, and also when no cause of action is found, judgment isrendered against the plantiff for the costs. 

§12. A debtor may avoid the expense of a lawsuit by _confessingjudgment_. The parties go before a justice, and the debtor acknowledgesor confesses the claim of the creditor, and consents that the justiceenter judgment accordingly. In some states, the confession and consentmust be in writing, and signed by the debtor. The amount for whichjudgment may be confessed is limited by law, but is, in some states atleast, and perhaps in most if not all of them, larger than the sum towhich the jurisdiction of a justice is limited in ordinary suits. 

Chapter XVIII. 

Trial by Jury; Execution; Attachment; Appeals; Arrest of Offenders. 

§1. The administration of justice in courts of law is not left entirelyto the justices and judges. Parties may not always have sufficientconfidence in the ability, honesty, and impartiality of the justice bywhom a suit is to be tried, to intrust their interests to his judgment. Therefore the constitutions of all the states guaranty to every personthe right of trial by a jury. This right has been enjoyed in Englandmany centuries. It was established here by our ancestors, who wereprincipally from that country. 

§2. A _jury_ is a number of men qualified and selected as the lawprescribes, and sworn to try a matter of fact, and to declare the truthon the evidence given in the case. This declaring of the truth is calleda _verdict_, which is from the Latin _verum dictum_, a true declarationor saying. A jury in a justice's court consists in most or all of thestates, as is believed, of six men; in the higher courts, of twelve men, who are generally required to be freeholders. The manner of selectingthe jurors is not the same in all the states. 

§3. After issue has been joined, and before testimony has been heard, either party may demand that the cause be tried by a jury. Whereupon thejustice issues a _venire_, which is a writ or precept directing aconstable to summon the required number of duly qualified men to appearbefore the justice, to make a jury to try the cause. 

§4. The testimony and arguments on both sides having been heard, thejurors are put under the charge of the constable, who is sworn to keepthem in some convenient place, without meat or drink, except such as thejustice may order, until they shall have agreed on their verdict, orhave been discharged by the justice; and not to allow any person tospeak to them during such time, nor to speak to them himself, except byorder of the justice, unless to ask them whether they have agreed ontheir verdict. 

§5. All the jurors must agree in a verdict; and when so agreed, theyreturn in charge of the constable, and, in open court, deliver theirverdict to the justice, who enters judgment according to the finding ofthe jury. If the jurors, after having been out a reasonable time, do notall agree upon a verdict, the justice may discharge them, and issue anew venire, unless the parties consent to submit the cause to thejustice. 

§6. If a judgment is not paid within the time prescribed by law, thejustice issues an _execution_, which is a precept directing a constableto collect the amount of the judgment; and authorizing him to take andsell the goods and chattels of the debtor, and to make his returns tothe justice within the time required. _Goods_ and _chattels_ arepersonal or movable property, or property other than freehold, or realestate. If the money can not be collected, the execution is returned asnot satisfied. If a constable does not faithfully obey the directionscontained in the execution, he and his sureties become liable to pay thejudgment. 

§7. Laws have been passed in all the states for the benefit of poor men, who are allowed to retain, for the use and comfort of themselves andtheir families, certain articles of personal property, which may not besold on execution; such as necessary household furniture, apparel, beds, tools and implements of trade, &c. The practice which formerlyprevailed, of imprisoning debtors who were unable to satisfy executions, has been abolished, except for fines and penalties. 

§8. The foregoing description of the proceedings of a justice's court isthat of a prosecution in ordinary cases. But there are other modes ofprosecution in certain cases, one of which is by attachment. An_attachment_ is a writ directing the property of a debtor to be taken, and kept till a trial can be had, and judgment obtained. This mode ofproceeding is adopted when the plaintiff has reason to believe that adebtor conceals himself to avoid being prosecuted by summons, or isabout to remove his property or himself from the county, or intends insome other way to defraud his creditors. 

§9. In case of an absent or concealed debtor, the constable, (as issupposed to be the common practice, ) leaves a copy of the attachment, with an inventory or list of the articles of property attached, at thedefendant's last place of abode, or, if he had none in the county, thecopy and inventory are to be left with the person in whose possessionthe property is found. If the defendant does not appear on the day oftrial, the plaintiff may proceed to prove his demand and take judgment. An execution is then issued against the property attached. 

§10. If either party is dissatisfied with a judgment rendered in ajustice's court, he may _appeal_ to a higher court for trial, or for areview of the judgment. The party appealing is called _appellant_; theadverse party is the _appellee_ or _respondent_. 

§11. An important part of the duties of a justice of the peace relatesto the arrest and trial of persons charged with crimes and misdemeanors. Although they have not power to try high offenses usually called crimes, they may order the apprehension of persons charged with such offenses, and cause them to be committed for trial. 

§12. A person knowing or suspecting another to have committed anoffense, may make complaint to a judge or justice of the peace, whoexamines the complainant on oath, and witnesses, if any appear; and ifhe is satisfied that an offense has been committed, he issues a_warrant_, directing the person accused to be brought before him. Thecomplainant and witnesses for the prosecution, and next the prisoner andhis witnesses, are examined. If the offense is one of which themagistrate has jurisdiction, he may proceed to try the prisoner, who, itwill be recollected, is entitled to be tried by a jury. 

§13. If the offense is one which the magistrate has not power to try, hebinds the prosecutor or complainant and all material witnesses to appearand testify against the prisoner at the next court having power toindict and try him. And if the offense is one for which the prisoner maybe bailed, the magistrate takes bail for his appearance at court. If theoffense is not bailable, or if no satisfactory bail is offered, themagistrate orders him to be committed to jail to await his trial. But, as will be seen hereafter, he must be indicted by a grand jury before hecan be tried. (Chap. XIX. , §7-9. ) And were there no danger of anoffender's escape before he could be brought to trial, his previousarrest and examination might be unnecessary. 

§14. The obligation or bond given by a prosecutor and witnesses fortheir appearance at court, is sometimes called a _recognizance_. Theybind themselves, with sureties, to forfeit and pay a certain sum ofmoney in case of their non-appearance. A similar bond or recognizance isgiven in case of bail. The person accused binds himself, with sureties, in such sum as the justice requires, which is to be paid if he shall notappear for trial. The word _bail_ is from a French word meaning _todeliver_, or _to release_. Hence, the justice _bails_, sets free, ordelivers to his sureties, the party arrested. Also the sureties are saidto bail a person when they procure his liberation. 

Chapter XIX. 

Courts other than Justices' Courts; Grand and Petit Juries, &c. 

§1. The court next higher than a justice's court, is a court held ineach county, generally called a _county court_, or _court of commonpleas_. This court is usually held by a county judge elected by theelectors of the county in most of the states; in some, appointed by thelegislature; and in others, by the governor, with the advice and consentof the senate. In a few of the states this court consists of more thanone judge. In some states, county courts are held by judges of thecircuit courts. 

§2. In this court are tried civil causes in which are claimed sums ofgreater amount than a justice of the peace has jurisdiction of, andcriminal causes in which are charged the lower crimes committed in thecounty. Also causes removed by appeal from a justice's court are triedin this court; in which cases it is said to have _appellate_jurisdiction. Courts are also said to have _original_ jurisdiction;which means that suits may _originate_ or commence in such courts. 

§3. There is in every state at least one court, and in most of thestates there are two or more courts of higher grade than a county court. They are called in the different states by different names; as _circuitcourt_, _superior court_, _supreme court_, and _court of appeals_. A_circuit_ court probably obtains its name thus: A state is divided intojudicial districts, in each of which one or more judges are elected, who go around holding a court once a year or oftener in each of thecounties composing a judicial district. This court usually has bothoriginal and appellate jurisdiction; it being a part of its business totry appeals from the county courts. It also tries such of the highercrimes as a county court has not the power to try. Courts in whichcrimes are tried are sometimes called courts of _oyer and terminer_. 

§4. Every county court, and every circuit having like jurisdiction, hasa jury to try issues of fact, and a grand jury. An _issue of fact_ iswhen the _fact_ as to the indebtedness or the guilt of the party chargedis to be determined from the testimony. An _issue of law_ is one inwhich it is to be determined what is the _law_ in the case, which isdone by the judge instead of the jury. The jury by which issues of factare tried, as distinguished from a grand jury, is called a _petty_ or_petit jury_. It consists of twelve men, all of whom must agree in averdict. 

§5. The manner of selecting grand and petit jurors is prescribed by law. A number of judicious men in each town are selected by some person orpersons lawfully authorized; and the names of the men so selected arewritten on separate pieces of paper, and put into a box in each town, and kept by the town clerk; or as is the practice in some states, thenames of the men designated as jurors in the several towns are sent tothe county clerk, and by him kept in a box. Previous to the sitting ofthe court, the requisite number is drawn out the box; and the men whosenames are drawn, are summoned to attend as jurors. 

§6. It is the business of a _grand jury_ to inquire concerning crimesand misdemeanors committed in the county; and if there appear justgrounds of accusation against any person, they make to the court apresentment or formal charge against him, upon which he is to be putupon trial. The number of grand jurors is not always the same. In somestates there may not be more than twenty-three nor less than twelve. Itis not required that they shall all agree in order to put a person upontrial. 

§7. On the opening of the court, the grand jurors are sworn to make atrue presentment of all things given them in charge. The judge thengives them a charge, and appoints one of them foreman; and the jurorsretire to a private apartment to attend to their duties. They hear allcomplaints brought before them against persons for crimes and breachesof the peace, and examine witnesses who appear to testify; and when itis requested, they have the assistance and advice of the state'sattorney; or as he is called in some states, the _district attorney_, or_prosecuting attorney_. If they think any person complained of ought tobe tried, they draw up a writing, in which they charge him with theoffense of which they think him guilty. This is called an _indictment_. It is signed by the foreman, indorsed "a true bill, " and carried by thejury into court. If the person accused has not before been arrested, hemay now be arrested, and put upon trial. (See Chap. XVIII, §12-14. )

§8. As grand juries do not try crimes, but merely make inquiry intothem, some may not readily perceive the necessity of such juries. Innocent persons might be subjected to great inconvenience and expensein defending themselves in court against the slanderous reports or falseaccusations of evil minded persons. It is to prevent this that grandjuries are instituted, who make careful examinations into the casesbrought before them, and do not often charge persons with crime unlessthere is a strong probability of their being found guilty on trial. 

§9. So important was the institution of grand juries considered, thatthe constitution of the United States, to which the constitutions andlaws of the states must conform, was made to provide, that "no personshall be held to answer for a capital or other infamous crime, unless ona presentment or indictment of a grand jury, " except in certain cases. (Con. U. S. , Amend. Art. V. For the definition of "infamous crime, " seeChap. VI. , §7. )

§10. It is the opinion of many that this requirement of a previousindictment by a grand jury has reference only to the courts of theUnited States; and that the states may dispense with it. Hence, effortsare now making in some states to abolish grand juries. It is supposedthat an examination at all times before a justice or a judge, when theprisoner can be present with his witnesses, is more likely to protecthim against being unnecessarily subjected to the trouble and expense ofa trial, than before a grand jury, where complaints are often made bymalicious persons, and sustained by the testimony of partial or corruptwitnesses. 

§11. The _supreme court_ is generally the next higher, and in most ofthe states, the highest state court. This court differs somewhat in thedifferent states, both in the manner of its formation and in itsjurisdiction. It is believed, however, to have, in the states generally, both original and appellate jurisdiction, civil and criminal. In thestate of New York and a few other states, there is one higher court, called _court of appeals_, which has appellate power only. Its businessis to review cases from the supreme court. 

§12. Suits in the county, circuit, and supreme courts, are commenced bya _writ_, (in some states a summons or a declaration, ) which is servedby the sheriff of the county in which the suit is to be tried. He alsoserves warrants and executions issued by these courts. A sheriff is tothese courts what a constable is to a justice's court. His powers andduties have been elsewhere described. (Chap. XIV. , §8. )

Chapter XX. 

Chancery or Equity Courts; Probate Courts; Court of Impeachment. 

§1. It might be supposed, that in instituting the courts which have beendescribed, all necessary provision had been made for securing justice tothe citizens. But many cases arise in which justice and equity can notbe obtained in these courts. To afford relief in such cases, a courthas been established called a _court of equity_, or _court of chancery_. What often renders it impossible to get justice in ordinary courts oflaw, is the want of witnesses; but in a court of equity the parties maythemselves be put on oath. 

§2. A debtor, to avoid the payment of his debts, may conceal hisproperty or his money; but this court may compel him to disclose andgive up the same to satisfy an execution; and it may prevent personsindebted to him from making payment to him. A person refusing to fulfilla contract may, in courts of common law, only be sued for damage; butthis court may in certain cases compel him to fulfill the contractitself. It may also restrain individuals and corporations fromcommitting fraudulent acts, and prevent persons from committing wasteson land and certain other injuries, until the right at law can be tried. 

§3. Courts of chancery were established, it is believed, in a majorityof the old states. But separate and distinct organizations calledchancery courts, now exist in but a few states; the power to try suitsin equity having been given to the judges of the common law courts. 

§4. Suits _in equity_ are not commenced as suits _at law_. The plaintiffprepares a bill of complaint, the facts stated in which are sworn to byhimself. The bill, which contains a petition or prayer that thedefendant may be summoned to make answer on oath, is filed with theclerk of the court, who issues a subpœna commanding the defendant toappear before the court on a day named. A trial may be had on thecomplaint and answer alone; or witnesses may be introduced by theparties. The case is argued by counsel, and a _decree_ is pronounced bythe court, which the court has power to carry into effect. 

§5. There is another kind of courts which are in their nature differentfrom ordinary law courts, and are called _probate courts_. There is inevery county a probate court held by a _judge of probate_, whose dutiesrelate to the proving of wills and the settling of the estates ofpersons deceased. A _will_ is a writing in which a person givesdirections concerning the disposal of his property after his death. TheLatin word _probatus_ means proof; from which _probate_ has come to beapplied to the proving of a will. (See Wills and Testaments. ) In thestate of New York the judge of this court is called _surrogate_, and thecourt is called _surrogate's court_. 

§6. There is still another court in every state, which is not a commonlaw court. It is the _court of impeachment_. The name is applied to thesenate when sitting on a trial of impeachment. An _impeachment_ is acharge or accusation against a public officer for corrupt conduct in hisoffice; as if a governor, for money offered him, should approve and signa law; or a judge should, for money or from some other selfish orpersonal motive, give a wrong judgment. The constitution gives to thehouse of representatives the power to impeach, and to the senate thepower to try the persons impeached. This practice has come from GreatBritain, where the impeachment is made by the house of commons, and thehouse of lords is the high court of impeachment. 

§7. The house of representatives, in a case of impeachment, acts innearly the same manner as a grand jury in a court of law. A complaint ismade to the house; and if, upon examination, there appear to a majorityof the members present sufficient grounds for the charge, an accusationin writing is prepared, called _articles of impeachment_, and deliveredto the senate. In some states, a majority of the members elected isnecessary to impeach. The president of the senate orders the court to besummoned. The accused is brought before the court to answer to thecharge, and has counsel assigned him. The senators are sworn truly totry and determine the impeachment according to evidence; and a day isfixed for trial. 

§8. The house of representatives usually choose from their number acommittee of managers to conduct the trial, the proceedings in which arethe same as in law courts. The senators retire and deliberate as jurorsin such courts. Two-thirds of the senators--in some states two-thirds ofall the senators elected--must concur in order to convict the personaccused. If a person is convicted, the court may remove him fromoffice, or disqualify him to hold any office in the state, for a time, or for life; or may both remove and disqualify him. This court canpronounce no other sentence. But if the act committed is a crime, theoffender may also be indicted, tried, and punished in a court ofjustice. 

§9. Judicial officers may also be removed by the governor on address ofthe legislature. If a judge is suspected of corrupt conduct in hisoffice, or of being incompetent to discharge its duties, complaint ismade to the legislature, and the party complained of is notified, and anopportunity is given him of being heard in his defense. If bothbranches, by the required majorities, concur in the opinion that heought to be removed, they address the governor, setting forth theirreasons for the removal. If the governor considers the reasonssufficient, the officer is removed. This mode of removal does not existin all the states. In New York, and perhaps in a few other states, thelegislature makes the removal without the concurrence of the governor;and in that state some of the lower judicial officers may be removed bythe senate on the recommendation of the governor. In a few states, judges are not removable by impeachment. 

Chapter XXI. 

Assessment and Collection of Taxes. 

§1. Every government must have the power of providing means for itssupport. The money which is needed to pay the expenses of administeringthe government, if the state has no permanent source of revenue, orincome, must be raised by taxation. A _tax_ is a rate or sum of moneyassessed upon the person or property of a citizen for the use of thestate. When assessed upon the person, it is called a _poll-tax_, or_capitation tax_, being a certain sum on every poll, or head. But aspersons ought generally to contribute to the public expenses accordingto their ability, taxes are more just and equal when laid upon theproperty of the citizens. Few poll-taxes are levied in this country. 

§2. There are certain kinds of property which are exempt from taxation;such as the corporate property of the state, of counties, and of towns, including the buildings in which the public business is done, theprisons, jails, asylums, &c. , and the lands attached to them;school-houses and meeting-houses, with the lands attached;burying-grounds, and the property of literary and charitableinstitutions. But the property of business corporations, as rail-road, banking, insurance, manufacturing, and other stock companies, like thatof individuals, is liable to taxation. _Real estate_, or _realproperty_, is land with the buildings and other articles erected orgrowing thereon. _Personal estate_, or _personal property_, consists ofmovables, as goods, chattels, money, and debts due from solvent debtors. 

§3. As the property of every person is to be assessed in proportion toits value, it is necessary, first, to make a correct valuation of allthe taxable property. For this purpose, the assessor or assessors passthrough the town, and make a list of the names of all the taxableinhabitants, and the estimated value of the property, real and personal, of each; and returns of the same are made to the proper county officers, who cause the tax-list for each town to be made out, and order the taxesto be collected. 

§4. In some states, persons liable to taxation are themselves requiredto furnish lists of all their taxable property, printed blank listshaving been previously distributed among them for this purpose. Tosecure an accurate valuation, the assessors, (called also _listers_, )may require persons to make oath that they have made a true statement oftheir property and its value. In states where the polls of thetax-payers are assessed, these also are set down in the lists at suchsums as the law directs to be affixed to each poll. 

§5. Before a tax-list can be made out, it must be known what amount isto be collected in each town. This amount is made up of three parts:First, the sum wanted to pay the expenses of the town for the precedingyear; secondly, the town's share of the county expenses; and thirdly, its proportional share of the expenses of the state government, or ofwhat is to be raised for state purposes. 

§6. The apportionment of the amount of the state and county expensesamong the several towns, is made according to the amount of property ineach as valued by the assessors. The state auditor or controller, havingreceived from the several counties returns of the value of the propertyin each county, is enabled to determine its quota of the amount to beraised for state purposes. To each county's share of the state expensesis added the sum to be raised in the county for county purposes; and theamount is apportioned among the towns in proportion to the value of theassessed property of each. Then adding to each town's share of theamount of the state and county expenses, the amount to be raised fortown purposes, gives the sum to be collected in the town. 

§7. Having thus ascertained the sum to be raised in each town, theofficers whose duty it is, cause a tax-list to be made out, in which theamount of each person's tax is set opposite his name and the estimatedvalue of his property. The tax-list of each town, certified and signedby the proper persons, is put into the hands of the collector, with awarrant ordering the same to be collected. 

§8. The money collected for county and state purposes is paid to thecounty treasurer, who pays to the state treasurer the amount raised inthe county for state expenses, and retains the remainder to be expendedin the county. The money collected for town purposes is paid to suchpersons in the town as are by law authorized to receive the same. 

Chapter XXII. 

Education. School Funds; Schools, &c. 

§1. The proper object of government is to promote the welfare andhappiness of its citizens. For this purpose, it must provide for makingand properly administering laws to protect the people in the enjoymentof life and the fruits of their labor. But it should go further, andmake express provision for improving the condition of the people, especially the less fortunate portions of them. 

§2. The prosperity of a state or nation depends essentially upon theeducation of its citizens. This is seen by comparing the condition ofthe people of this country with the condition of the people of thosecountries where the benefits of education are not enjoyed. Ignorancetends to make men idle, vicious, and miserable. On the other hand, learning is not only a means of enjoyment in itself, but of improvingthe social condition of a people. 

§3. Again, a free government is better adapted than any other to promotethe welfare of a nation. But if the people are not properly educated, they are incapable of self-government. And as many persons are unable topay for the tuition of their children, the safety of the governmentitself requires the establishment of a system of education, by which thegreat body of the people may be fitted to discharge their social andpolitical duties. The states have accordingly instituted school systemsfor the instruction of children and youth of all classes at the publicexpense. 

§4. In most of the states, the schools are supported only in part, in afew of them wholly, at the expense of the states. Some states haveprovided funds, the income of which is annually applied to this object. _Fund_ generally signifies the money or capital stock employed incarrying on trade or any other business operation. _State funds_ are themoneys and other property of the state which are set apart for payingthe expenses of the government, or for the construction of canals, roads, and other public improvements. The interest of these funds, andthe income from other sources, are called the _revenue_. 

§5. In some states, school funds are created by appropriating the publiclands, which are lands owned by the state as a body corporate. Theproceeds of these lands, from sales or rents, constitute a part or thewhole of the school fund, the interest of which is annually applied tothe support of schools. If the income from the school fund isinsufficient for this purpose, the deficiency may, as is done in somestates, be supplied, in whole or in part, by taxation, or from the statetreasury. 

§6. Many of the new states have large school funds. At an early period, while most of the territory from which these states have been formed wasyet the property of the United States, and uninhabited, Congress passedan act by which a particular section of land (number sixteen) in everytownship is reserved for the support of schools therein. By this act, one thirty-sixth part of the lands within each of these states has beenthus appropriated, besides smaller portions granted for the benefit of auniversity in each state. These lands are in the charge of properofficers, who dispose of them, and apply the proceeds as the lawdirects. 

§7. The school funds of many of the states have been largely increasedby certain moneys received from the United States. In 1837, there hadaccumulated in the national treasury about thirty millions of dollarsover and above what was needed for the support of the government. By anact of congress, this surplus revenue was distributed among the statesthen existing, to be kept by them until called for by congress. Althoughcongress reserved the right to recall the money, it was presumed that itwould never be demanded. That it never will be, is now almost certain. Many of the states have appropriated large portions of their respectiveshares for school purposes. From its having been said to be only_deposited_ with the states, this fund is sometimes called the _UnitedStates deposit fund_. 

§8. School moneys coming from the state treasury, or state fund, areusually apportioned among the several towns of the state; and eachtown's share of such moneys, together with what may come to the town bytaxation or from its school lands, is divided among the severaldistricts according to the number of children between certain ages ineach district, or in such other manner as may be directed by law. If themoneys thus received are insufficient to pay the wages of teachers, arate bill is made out in each district for the deficiency, and collectedfrom the persons whose children have been taught in the schools. 

§9. The towns, or townships, are divided into districts of suitable sizefor schools, which are called _district schools_. From their beingsupported by a common fund, and designed for the common benefit, or fromthe lower or more common branches being taught in them, they are alsocalled _common schools_. One or more _trustees_ or _directors_ arechosen in each district to manage its affairs; a _clerk_ to notifymeetings and record the proceedings of the same; and a _collector_ tocollect taxes for building and repairing school-houses, and all ratebills for the payment of teachers. 

§10. The highest school officer is the _state superintendent of commonschools_, or, as he is sometimes called, _superintendent of publicinstruction_. The superintendent collects information relating to theschools; the number of children residing in each district, and thenumber taught; the amount paid for tuition; the number of school-houses, and the amount yearly expended in erecting school-houses; and othermatters concerning the operation and effects of the common schoolsystem. If there is no other officer whose duty it is, thesuperintendent also apportions the money arising from the state fundsamong the several counties. He reports to the legislature at everysession the information he has collected, and suggests such improvementsin the school system as he thinks ought to be made. 

§11. There is in every county an officer who receives from the statesuperintendent the money apportioned to the county, and apportions thesame among the towns; reports to the state superintendent the number ofchildren in the county; and performs such other duties as the lawrequires. In some states, there is no such county officer; but the moneyis apportioned by the state superintendent among the towns; and thereports from the towns are made directly to the state superintendent. 

§12. In the towns are officers whose duties are to examine teachers, visit schools, apportion the school moneys among the districts, and tocollect the lists of the number of children in the several districts, with such other information as the law requires, and report the same tothe county officer, or, if there is none, to the state superintendent. In some states, there is in each county an officer or a board ofofficers, for examining teachers, and performing certain other dutiesrelating to the schools of the county. 

§13. Academies and colleges also receive aid from the state, to alimited extent. A distinct fund is created in some states for theirbenefit; in others, they are aided by special appropriations from thestate treasury. 

Chapter XXIII. 

Canals and Rail-Roads. 

§1. In carrying out the purposes of government, provision ought also tobe made to secure to the people the means of obtaining a suitable rewardfor their industry, and to render the labor of all, as nearly as may be, equally profitable. 

§2. The people of some states do not possess the same advantage as thoseof others; nor do all the people of the same state enjoy equaladvantages. Those who reside at a great distance from market, or fromnavigable waters and good roads, are not so well rewarded for theirlabor as those who reside near them, because of the greater cost of thetransportation, both of what they have to sell, and of the goods theybuy. Hence the necessity of good roads, canals, or other means offacilitating trade between the different parts of the state. 

§3. Among the works intended to effect this object, _canals_ are perhapsthe most useful, and are to be preferred wherever their construction ispracticable. Canals are sometimes constructed by incorporated companies;but generally these works, especially those of great magnitude, are madeby the state, and are the property of the state. Although there are somestates in which are no canals of this kind, it may be interesting toyoung persons generally to know how so important a state work is made. 

§4. To raise the money necessary to make a canal, the legislature mightlevy a general tax upon the property of the citizens. But this would notbe expedient or just; because, first, the payment of so large a sum bythe people within the time in which it would be desirable to completethe work, would be inconvenient and burdensome; and secondly, theexpense must fall alike upon the people of all parts of the state:whereas, those residing most remotely from the line of the work, wouldderive from it little or no benefit. 

§5. When, therefore, a great enterprise of this kind is undertaken by astate, the law authorizing the work usually provides a _fund_, theincome of which is to be applied to this object. This fund consists ofsuch lands, property, and moneys as the legislature may grant for thispurpose. Funds were thus constituted in some of the western states, towhich funds congress made grants of the public lands of the UnitedStates lying within those states. 

§6. These funds, however, furnish but a part, some of them but a smallportion of the money necessary to complete the work; and some statesundertaking public improvements may not have the lands or other propertyto constitute such a fund. The state therefore borrows the money for along term of years, and depends upon the income of the canal fund andthe tolls to be collected on the canals, for the repayment of the moneyborrowed. Should the revenues of the canal and of the canal fund beinsufficient, the deficiency may be supplied by taxation. 

§7. The business of borrowing the money is done on the part of thestate, by persons duly authorized, who give for the money borrowed thebonds of the state, which are written promises to pay the money at thetimes specified, with interest at the rate agreed on; the interestgenerally to be paid semi-annually. These bonds are usually given insums of $1, 000 each, or less. The debts of a state thus contracted byissuing bonds, are called _state stocks_, as the capital, or stockrequired to construct a state work is obtained by the sale of its bonds. These bonds, like the certificates of stock in a rail-road or othercorporate business company, are transferable, and may be bought and soldas promissory notes, and constitute an important article of trade. 

§8. These stocks are taken by men who have large sums of money to lend, and who consider the state a responsible debtor; because, if it has noother sufficient means of paying its bonds, the legislature has power toraise the money by taxation. Most of the states have contracted debts inthis manner for various purposes. State stocks are purchased and heldnot only by capitalists in this country, but by many in Europe. 

§9. Officers are appointed to manage the canal fund, and others tosuperintend the canals. There are also officers, called _canalcollectors_, at suitable distances along the canals, to collect the_tolls_, which are charges paid by the masters or owners of boats forthe use of the canal. 

§10. The states of New York, Pennsylvania, Ohio, and some other westernstates, have prosecuted the canal enterprise on a large scale. Althoughlarge debts have been contracted for the construction of canals in thesestates, the benefits derived from them more than compensate for the vastexpense of their construction. 

§11. _Rail-roads_, although they are of public utility, are notproperly public works, being constructed by companies incorporated forthat purpose. The necessity for an act of incorporation is readily seen. Rail-roads pass through the lands of private individuals; and withoutthe authority of law, the land of no person can be taken for suchpurpose; nor can a law authorize it to be taken, unless the work is oneof general advantage; nor even in such case, without compensation to theowner for his land; for it is declared by the state constitutions, that"private property shall not be taken for public use without justcompensation. "

§12. If, therefore, the legislature deem a proposed railroad to be ofpublic utility, they pass an act to incorporate a company with therequisite powers to construct the road, on making compensation for theland, the value of which is to be estimated in such manner as the lawprescribes. The law also prescribes the manner in which the affairs ofthe road are to be conducted. 

§13. The amount of capital to be employed by the company, is mentionedin the act of incorporation, or charter, and is raised in this way: Theamount of the capital, or stock, is divided into shares of $100, orless. Persons wishing to invest money in the road, subscribe the numberof shares they will respectively take. When all the shares are thus soldand the money is paid in, the company is ready to proceed to theconstruction of the road. The owners of these shares are called_stockholders_, who choose from among themselves such number of_directors_ as the charter authorizes. The directors elect from theirnumber a _president_. 

§14. Persons buying shares receive certificates signed by the properofficers, stating the number of shares for which each certificate isgiven. The holders of these certificates, if they wish to make other useof the money they have invested in the business, may sell their stock toothers, to whom they pass their certificates, which are evidence of theamount of stock purchased. Thus these certificates are bought and soldas promissory notes. 

§15. Stockholders depend, for the reimbursement of their capital, uponthe money to be received for the transportation of passengers andfreight. Such portion of the income of the road as remains after payingall expenses of running and repairs, is divided semi-annually among thestockholders. Hence the sums thus divided are called _dividends_. Theearnings of some roads are so large as to make the investment aprofitable one; so that the holder of shares is enabled to sell them atan advance. When shares in the stock of any institution are sold attheir nominal value, the price named in the certificates, the stock issaid to be at _par_. When they are sold for more or less than theirnominal value, they are said to be above or below _par_. In largecommercial cities, as New York, Boston, Philadelphia, and others, thepurchase and sale of state stocks, and stocks in rail-roads, banks, &c. , is a regular and extensive business of capitalists. 

Chapter XXIV. 

Banks and Insurance Companies. 

§1. Banks, we are told, were first instituted in Italy, where certainJews assembled, seated on benches, ready to lend money, and to exchangemoney and bills; and _banco_ being the Italian name for bench, bankstook their title from this word. The first banks are said to have beenonly places where money was laid up or deposited for safe-keeping. Butbanks at the present day are not used for depositing alone. 

§2. Banks in this country can be established only by authority of law. They are incorporated by an act of the legislature. The capital stock israised by the sale of shares, and issue of certificates, as in the caseof rail-roads. (Chap. XXIII. , §13. ) The stockholders elect of theirnumber (usually) thirteen _directors_, who choose one of themselves as_president_. The president and directors choose a cashier and clerks. 

§3. Merchants and others in commercial places, deposit in banks, forsafe-keeping, the money they receive in the course of business, and thendraw it out on their written orders as they have occasion to use it. Anorder of this kind is called a _check_. 

§4. Persons depositing money only once, or very seldom, and intending todraw for the same at once, usually receive from the cashier a_certificate of deposit_, which states the name of the depositor, thesum deposited, and to whose order it is to be paid. For the use of moneydeposited for any considerable period, banks agree to pay interest, usually less, however, than the rate established by law. Certificates ofdeposit may, by indorsement, be made transferable as promissory notesand other negotiable paper, (Chap. LX. , §2, ) and are often remitted, instead of money, to distant places, where, by presenting them at abank, they may, for a trifling compensation, be converted into money. 

§5. A material part of the business of banks is to assist merchants andothers in transmitting money to distant places. Thus: A, in New York, wishing to send $1, 000 to B, in Philadelphia, puts the money into a bankin New York, takes for it an order, called _draft_, on a bank inPhiladelphia, for that amount, to be paid to B. The draft is sent bymail to B, who presents his draft at the bank, and receives the money;and the bank charges the amount to the New York bank. 

§6. But persons unacquainted with commercial business, especially youngpersons, may not know how the bank in Philadelphia is to be repaid. Inthe course of trade between the two cities, business men are constantlyremitting money both ways through the banks, which thus receive themoney and draw upon each other. Thus millions of dollars may be annuallytransmitted between the two cities, without any expense except the smallcharge of the banks for doing the business, and without the risk of lossby accident or robbery which attends the conveyance of money in person. 

§7. Banks also lend money. The borrower gives a note for the sumwanted, signed by himself, and indorsed by one or more others assureties. The cashier pays the money for the note, retaining out of itthe interest on the sum lent, instead of waiting for it until the notebecomes due. This is called _discounting_ a note. 

§8. The bills of banks pass as money. A bank bill or note is a promiseof the bank to pay the bearer a certain sum on demand, signed by thepresident and cashier. It passes as money, because the bank is bound topay it in specie if it is demanded. Paying notes thus is _redeeming_them. When a bank is unable to redeem all its bills, it is said to havefailed, or to be broken; and the bill holders suffer loss, unless somesecurity has been provided. This has been done in some states by makingthe stockholders individually liable for the redemption of the bills;that is, the property owned by them as individuals may be taken and soldon execution for that purpose. Such security, however, has never beengenerally provided. 

§9. But a system of banking, sometimes called _free banking_, has morerecently been adopted in some states. It is so called, because thebusiness of banking is thrown open to all by a _general law_. Anyperson, or any number of persons, may, by complying with the provisionsof this general law, establish a bank without a special law for thispurpose. Hence it is also called the _general banking_ system. 

§10. Persons, before commencing business under this law, must put intothe hands of the proper state officers ample securities for theredemption of their bills; and they may not issue bills to a greateramount than the amount of their securities. These securities mustconsist of approved state stocks, or United States stocks, or partly ofpublic stocks, and partly of real estate. When a bank fails, the landsand stocks held in pledge by the state are sold, and the avails areapplied to the redemption of the bills. This system of banking seems tobe growing into public favor. 

§11. _Insurance companies_ also are authorized by law. Their business isto insure persons against loss by fire. The corporators, on being paid asmall sum, consisting generally of a certain percentage on the amountfor which the property is insured, promise to pay such amount if theproperty shall be destroyed by fire. There are companies also forinsuring vessels at sea; and _life_ insurance companies, that agree topay, in case of the death of the person insured, a certain sum for thebenefit of his family, or of some other person named in the policy. Theword _policy_ as here used, means the writing containing the terms orconditions on which the company agrees to indemnify the person insuredin case of loss. The money paid to obtain insurance, is called_premium_. 

§12. The profits of the stockholders consist of the excess of moneyreceived for premiums over the amount paid out for losses. Thus, if acompany has issued 2, 000 policies, each covering property of an averageamount of $1, 000, the amount of risk is $2, 000, 000; and if the rate ofinsurance is one per cent. , the amount received in premiums is $20, 000. Hence, if none of the 2, 000 buildings is burned within the time theinsurance is to run, the $20, 000 are gained. If ten of them should beburned, there would still be a gain of $10, 000. If twenty should bedestroyed, there would be no gain, but an actual loss to the amount ofthe expenses of the concern. 

§13. But from the average number and amount of losses annually for manyyears, companies are enabled so to fix the rates of insurance as to givethe stockholders a fair profit on their capital. The rates are not thesame on all kinds of property; a higher per centage is charged on thatwhich is deemed hazardous, or more exposed to fire, than on that whichis less exposed. The profits on the business of the company, or the_dividends_, as they are called, are annually or semi-annually dividedamong the stockholders, in proportion to the amount of their respectiveshares. 

§14. There is another kind of insurance companies, which differmaterially from the _stock_ companies described in the precedingsections. They are _mutual_ insurance companies. They are so calledbecause the members unite in insuring each other. Every person havinghis property insured by such a company is a member of it. He has hisbuildings and the property in them valued; and pays a certain rate percent. On such valuation. A fund is thus raised out of which any membersuffering loss by fire is paid the amount for which the property wasinsured. When the fund is exhausted, it is again supplied by a taxassessed upon the members in proportion to the amounts for which theyare respectively insured. 

Chapter XXV. 

The Militia. 

§1. It is the practice of governments to keep their respective countriesprepared to defend themselves against foreign enemies. For this purposeall men liable to do military duty are enrolled, and are required tomeet on certain days every year for instruction in the art of war, inorder to be ready for actual service whenever it shall be required. Thebody of soldiers thus enrolled are called the _militia_. There are otherwords which are sometimes applied to bodies of soldiers; as _infantry_, which means the soldiers or troops who serve on foot; _cavalry_, thetroops on horses; _artillery_, those who manage the cannon and otherheavy weapons of war. But all troops are comprehended in the generalterm, _militia_. 

§2. The militia of a state, or a portion of them, may also be needed toaid in executing the laws of the state, and in suppressing insurrectionor rebellion. An _insurrection_ is a rising against the publicauthority, or the attempt of persons to prevent the execution of a law. _Rebellion_ generally means nearly the same as _insurrection_; but moreproperly it signifies a revolt, or an attempt to overthrow thegovernment to establish a different one. As it is the duty of anexecutive to see the laws executed, power is given by the constitutionto the governor to call out a sufficient military force for thispurpose. 

§3. All able-bodied white male citizens of the United States, betweenthe ages of eighteen and forty-five years, are liable to performmilitary service in the states in which they reside, except such as areexempt by the laws of the states and of the United States. Personsexempt by the laws of the states are generally the following: Ministersof the gospel; commissioned officers of the militia having served acertain number of years; members of uniformed companies having servedfor a specified time; members of fire companies; certain public officerswhile in office; and in some states teachers and students of colleges, academies, and common schools; and a few others. 

§4. Persons exempt by the laws of the United States are thevice-president, the subordinate executive and all the judicial officersof the government of the United States; members of congress and itsofficers; custom-house officers and their clerks; post-officers anddrivers of mail stages; ferrymen employed at ferries on post-roads;pilots and mariners. 

§5. By the constitutions of the several states, the governors are madethe commanders-in-chief of the militia of their respective states; andby the constitution of the United States, the president is madecommander-in-chief of the army and navy of the United States, and alsoof the militia of the states when called out into actual service. It hasalready been remarked, (§2, ) that the military force of the state is atthe command of the executive to protect the government and its citizens. So the president was thought the proper person to have command of thepublic forces, to execute the laws of the United States, to repelinvasion, and to carry on war. Hence the governors and the president arenot among the public officers who are exempt from military duty. 

§6. Persons who, having been duly notified, refuse to appear atmilitary parades, or, appearing without being equipped as the lawdirects, are tried by a military court, called _court martial_, consisting usually of three military officers, or of such other personsas may be appointed according to the law of the state. If the personstried do not show good cause for their delinquency, they are fined insuch sums as the law prescribes. In certain cases courts may consist ofmore than three members. 

§7. The highest militia officer, except the governor, is the_adjutant-general_ of the state; who keeps a list of all the highercommissioned officers, containing the dates of their commissions, theirrank, the corps (pronounced _core_) they belong to, the division, brigade, and regiment, and their places of residence. He distributes allorders from the commander-in-chief (the governor, ) to the severaldivisions; attends public reviews where the commander-in-chief reviewsthe militia; and obeys all orders from him relative to carrying intoexecution the system of military discipline established by law. 

§8. There is also in some states a _commissary-general_, who has thecare of the arsenals and magazines, and the articles deposited in them. An _arsenal_ is a building in which are kept cannon, muskets, powder, balls, and other warlike stores; all of which are to be kept in repairand ready for use. 

§9. There are persons who, believing all wars to be wrong, can notconscientiously do military service. As it is the object of ourgovernment to secure to every person the liberty of conscience as wellas other rights, the constitutions of many of the states provide, thatthose who are averse to bearing arms, may be excused by paying annuallya sum of money instead of rendering the service. But it may well bedoubted whether compelling a man to pay the money is not itself aviolation of the right of conscience. Many persons conceive it to be noless morally wrong to commute for the service than to perform it. Insome states, all persons belonging to the society of Friends, usuallycalled Quakers, are exempt without the payment of an equivalent inmoney. 

§10. In the states of New York and Ohio, the rank and file of themilitia are not required to train in time of peace. Persons liable toperform military service, except those connected with the uniformedcompanies, are enrolled in the militia; but instead of doing duty, theypay annually a small tax, which is in New York fifty cents, and in Ohiofifty cents, or a day's highway labor. 

§11. Laws abolishing trainings and musters of the great body of themilitia, are, it is believed, growing into favor, and for these amongother reasons: First, the militia system produces no materialimprovement in discipline; secondly, the expenditure of time and moneyin these useless exercises, and for arms and equipments, are burdensometo many citizens; and thirdly, there is no probability of an occasionrequiring a large portion of the militia to be so suddenly called intoservice as to allow no time for preparation. Volunteer companies likethose kept up and disciplined in the states above named, and thestanding army of the nation, are deemed sufficient for any supposableemergency. 

§12. Happily the practice of settling disputes between nations by war, is becoming less popular in civilized and Christian communities. War isa dreadful evil, and ought to be discouraged, and, if possible, avoided. Were governments so disposed, they might in most cases settle theirdifferences as individuals do, by submitting them to the judgment of athird party. If the love of military honor were less encouraged, and theprinciples of peace duly inculcated, the time would be hastened when"nations shall learn war no more. "

Government of the United States. 

Chapter XXVI. 

Causes of the Revolution. 

§1. The plan of government in this country is peculiar. To a personpreviously unacquainted with our political institutions, it might seemstrange, after having read the foregoing description of the stategovernments, to be told that there is still another and a differentgovernment to which the people are subject. How the people of more thanthirty states, all having complete and distinct governments, can at thesame time be subject to another government, also complete in all itsparts, he would not immediately understand. He would not know what ismeant by the government of the United States. How the states, all havinggovernments of their own, can be _united_ in one government, he wouldnot readily perceive. 

§2. We shall therefore proceed to a description of the government of theUnited States, from which will appear the relation between thatgovernment and the state governments. It will also appear that the stategovernments, each of which has in itself a great deal of machinery, allmove in harmony with the great political machine--the government of theUnited States. It is easy to see that a knowledge of these governmentsis important to the people who live under them, as every freemanexercises a part of the governing power, both in the government of hisown state, and in the general government. 

§3. To assist the reader in understanding the constitution andgovernment of the United States, we shall first give a sketch of thegovernments which preceded, and of the principal causes which led to therevolution in the government of this country. Most of the youth who areof sufficient age to study this work, probably know that our presentforms of government were not established by the early settlers in thiscountry. The first inhabitants were _colonists_. A _colony_ is asettlement of persons in a distant place or country, who remain subjectto the government of the state or country from which they removed. TheAmerican colonies which have become the "United States, " were chieflysettled from Great Britain, and were under her jurisdiction. 

§4. The political rights and privileges enjoyed by the colonists asBritish subjects, were very limited, and were conferred by the chartersof the king. The people had not then, as now, constitutions of their ownchoice. There were colonial governments; but they were such as the kingwas pleased to establish, and might be changed at his pleasure. Thesegovernments were in _form_ somewhat similar to that of our stategovernments. There was what might be called a legislature; also anexecutive or governor; and there were judges. 

§5. But of the officers of these departments of the government, only themembers of one branch of the law-making power were elected by thepeople. The other branch was composed of a small number of men, called acouncil; but they were appointed by the king and subject to his control, as was also the governor, who had the power of an absolute negative orveto to any proposed law. And laws after having received the assent ofthe governor, must be sent to England and approved by the king, beforethey could go into effect. 

§6. Hence we see that the colonists had no security for the passage ofsuch laws as they wanted. And the consequence was, that they were oftendenied good and wholesome laws, by the refusal of the king to sanctionthem. Not only so; many laws enacted by parliament were very unjust andoppressive. The object of these laws was to secure to Great Britainalone the trade of the colonies. One law declared that no goods shouldbe imported by the colonists but in English vessels; if brought inother vessels, both the goods and vessels were to be forfeited to theBritish government. 

§7. Another law required such articles as England wanted, to betransported to that country and other countries belonging to GreatBritain. The colonists were permitted to ship to foreign markets suchproducts only as English merchants did not want. They were prohibitedfrom selling abroad any wool, yarn, or woolen manufactured goods. Thiswas done to keep the markets open for British wool and manufactures. Another law declared that no iron wares of any kind should bemanufactured here. Thus was it attempted to suppress manufactures in thecolonies. 

§8. Hence we see that it was the policy of the British government tocompel the colonists to buy of England all the goods they wanted whichthey did not themselves produce, and to sell to England the surplusproductions of the colonies. For this purpose, heavy duties were laidupon goods imported into the colonies from other countries than GreatBritain and her possessions. These duties were taxes levied upon goodsbrought into the colonies from abroad, and were collected by officershere from the persons importing the goods. 

§9. The following facts will explain to the young reader more clearlythe nature and effects of these duties: The colonists traded with theWest India islands, some of which belonged to Great Britain, some toFrance, and some to Spain. To secure the whole trade, the Britishgovernment imposed high duties upon the molasses, sugar and otherarticles imported into the colonies from the French and Spanish islands. The people of the colonies could therefore avoid the payment of theseduties only by importing the above mentioned goods from the Britishislands. 

§10. Not satisfied with these acts, parliament claimed the right to taxthe colonies, "in all cases whatsoever;" and an act was passedaccordingly, laying duties upon all tea, glass, paper, &c. , importedinto the colonies; and the money thus collected was put into the Britishtreasury. The colonists petitioned the king and parliament to repealthese obnoxious laws; but their petitions were denied. Having given upall hope of relief, congress, which was a body of delegates from theseveral colonies, declared the colonies to be free and independentstates, no longer subject to the government of Great Britain. Thisdeclaration was maintained by a war which lasted about seven years, whenGreat Britain gave up the contest, and acknowledged the independence ofthe states; and the _revolution_ was accomplished. 

Chapter XXVII. 

Nature of the Union under the Confederation. 

§1. As early as the year 1774, the colonies united in the plan of acongress, to be composed of delegates chosen in all the colonies, forthe purpose of consulting on the common good and of adopting measures ofresistance to the claims of the British government. The first greatcontinental congress met on the 4th of September, 1774. Another congressassembled in May, 1775. This congress adopted sundry measures havingreference to war, and finally made the declaration of independence, July4th, 1776. The continental congress, the members of which were chosen bythe state legislatures, conducted the affairs of the nation until nearthe close of the war. 

§2. With a view to a permanent union of the colonies under a generalgovernment, the congress, in November, 1777, agreed upon a frame ofgovernment, contained in certain articles, called, "Articles ofConfederation and perpetual Union between the States. " These articleswere to go into effect when they should have received the assent of allthe states. But as the consent of the last state (Maryland) was notobtained until March, 1781, they went into operation only about twoyears before the close of the war. 

§3. As a plan of national government, the confederation was soon foundto be very defective. The union formed under it was a very imperfectone. Having been framed in time of war, it had respect to the operationsof war rather than to a state of peace. Although it answered some goodpurpose in carrying on the war, it was not well adapted oven to thecondition of the country then existing. Its defects appeared almost assoon as it went into effect; and after the return of peace, it was foundthat the union, instead of being strengthened and perpetuated by it, could be preserved only by a radical change in the system of government. 

§4. The leading defect of the confederation was its weakness. Congresscould do little more than to recommend measures. As it could notlegislate directly upon persons, its measures were to be carried intoeffect by the states; but the states were not in all cases willing, andsome of them did at times refuse to do so, and congress could not compelthem. It belonged to congress to determine the number of troops and thesums of money necessary to carry on the war, and to call on each stateto raise its share; but congress could not enforce its demands. Itborrowed money in its own name, but it had not the means of paying it. It had no power to lay and collect taxes; this power was reserved to thestates. 

§5. Hence we see that congress was dependent for every thing upon thegood will of thirteen independent states. It is a wonder that agovernment of such inherent weakness should bring the war to asuccessful issue. It was a sense of danger from abroad, rather than anypower in the government, that induced a sufficient compliance with theordinances of congress to achieve the independence of the states. 

§6. On the restoration of peace, new difficulties arose. We have alreadyspoken of the want of power in congress to lay and collect taxes forwar purposes. Money was now wanted to discharge the public debt, and topay the current expenses of the government; yet congress had no power toraise it, either by a _direct tax_ upon the persons or property of thecitizens, or _indirectly_ by duties on goods imported, as at presentunder the constitution. The power to lay and collect duties was with thestates; but it was of little use so long as each state could impose suchduties as it chose. The states being unable to agree upon a uniform rateof duties, the goods would be imported into states which levied thelowest duties. It was expedient, if it had been possible, to borrow moremoney on the credit of the union, as the heavy debt contracted duringthe war remained unpaid, and congress had no means of paying it. 

§7. But the inability to raise money was not the only difficulty thatattended the want of power by congress to lay duties. This power wasnecessary also to regulate the foreign trade. We have already remarked, that it was the policy of Great Britain before the revolution to securein the colonies a market for her manufactures. (Chap. XXVI. ) Not onlyso; she had by her navigation acts, for more than a hundred years, imposed heavy duties upon foreign vessels coming into her ports, inorder to secure the carrying trade to her own shipping. In addition tothis, she also levied high duties upon the produce of the states sent topay for the goods we were obliged to buy of her, our own people nothaving as yet the means, nor having had time, to establishmanufactories, and to manufacture for themselves. 

§8. Another of the numerous troubles which arose from this imperfectunion was the want of peace and harmony between the states. Laws wereenacted in some states with a view to their own interests, whichoperated injuriously upon other states. This induced the latter statesto retaliate, by passing laws partial to themselves and injurious to theformer. The states soon became disaffected toward each other; and theirmutual jealousies and rivalries and animosities at length became sogreat as to cause fears that some of the states would become involvedin war among themselves, and that the union would be broken up. 

§9. In the hope of remedying the difficulty last mentioned, an attemptwas made to procure the insertion, into the articles of confederation, of a provision giving to congress the power to regulate trade; but theattempt failed. In January, 1786, the legislature of Virginia proposed aconvention of commissioners from all the states, to take intoconsideration the situation and trade of the United States, and thenecessity of a uniform system of commercial regulations. 

§10. A meeting was accordingly held at Annapolis, in September, 1786;but as commissioners from only five states attended, viz. , New York, NewJersey, Pennsylvania, Delaware, and Virginia, the commissioners deemedit unadvisable to proceed to business relating to an object in which allthe states were concerned; but they united in a report to the severalstates and to congress, in which they recommended the calling of ageneral convention of delegates from all the states, to meet inPhiladelphia on the 2d Monday of May, 1787, with a view not only to theregulation of commerce, but to such other amendments of the articles ofconfederation as were necessary to render them "adequate to theexigencies of the union. "

§11. In pursuance of this recommendation, congress, in February, 1787, passed a resolution for assembling a convention. All the states, exceptRhode Island, appointed delegates, who met pursuant to appointment; andframed the present constitution of the United States. They alsorecommended it to be laid by congress before the several states, to beby them considered and ratified in conventions of representatives of thepeople. Conventions were accordingly called for this purpose in all thestates, except Rhode Island, and the constitution was ratified by all ofthem in which conventions had been called, except North Carolina. 

§12. The constitution was to go into effect if ratified by nine states. The ninth state, New Hampshire, sent its ratification to congress inJuly, 1788; and measures were taken by congress to put the newconstitution into operation. Ratifications were received from NorthCarolina and Rhode Island the year after the organization of the newgovernment. 

Chapter XXVIII. 

Nature of the Union under the Constitution. 

§1. Having given, in the preceding chapter, a sketch of the union underthe confederation, we shall next show the nature of the union under thepresent constitution, commencing with a brief comparison of the leadingfeatures of the two systems of government. 

§2. The former union was a mere confederacy. A _confederacy_ is aleague, a federal compact. The word _federal_ is from the Latin _fadus_, a league, or alliance. Hence a confederacy is a combination or union oftwo or more parties, whether persons or states, for their mutual benefitand assistance. And let it be here particularly noted, that this unionwas a union of states, _as states_. The articles of confederation wereframed by congress, whose members were appointed by the statelegislatures, and, when framed, were submitted to the state legislaturesfor ratification. 

§3. On the other hand, the union under the constitution is a union, notof the states, as such, but of the _people of the states_. Thus it isexpressed in the preamble to the constitution: "We, the people of theUnited States, in order to form a more perfect union, . . . Do ordain andestablish this constitution for the United States of America. " And theconstitution was submitted for ratification, not to the statelegislatures, but to conventions whose members were elected by thepeople for that purpose. 

§4. The states under the confederation were independent, not only ofeach other, but of the general government. True, they agreed, for theircommon defense and mutual welfare, to do certain things; and certainother things they agreed not to do, but delegated to congress the powerto do them; but, as we have seen, congress had not the power to compelthe states to obey its requisitions. By the constitution, the stateshave given up a greater portion of their sovereignty to the generalgovernment, which has power, in certain cases, to control the stategovernments, and to enforce its laws upon them and upon individuals. 

§5. Again, under the confederation, as in confederacies generally, thestates were equal. They were entitled to an equal number of delegates inthe congress, in which they voted by states, each state having one vote;that is, if a majority of the delegates of a state voted in favor of oragainst a proposed measure, the vote of the state was so counted; and aproposition having in its favor a majority of the states, was carried. Every state was entitled to seven delegates; but there must be at leasttwo delegates present and voting, in order to give a state vote; and ifan equal number of the delegates of a state voted for and against aproposition, the state was said to be divided, and to have no vote. 

§6. Under the constitution there are two branches of congress, in one ofwhich the number of representatives of each state is in proportion toits population; in the other, (the senate, ) the states are equallyrepresented, on the principle of the confederation, though by twosenators only. But the vote in both is taken, not by states as under theconfederation, but _per capita_, that is, by the head or poll, the voteof each member counting one. 

§7. The articles of confederation were framed by congress, the membersof which were appointed by the state legislatures; and the articles, when framed, were submitted for ratification to the state legislatures. The constitution was framed by a convention of delegates from thestates appointed for that purpose; and was ratified, not by the statelegislatures, but by state conventions whose members were elected by thepeople of the several states. 

§8. The former union, as has been remarked, was a mere Confederacy, composed of independent states, and united simply for purposes ofdefense and their mutual safety. In most respects they had no morepolitical connection than so many different nations. The people of astate were not, properly speaking, citizens of the United States, butonly citizens of the state in which they lived. But by the constitution, the people of the states were incorporated into a nation; and a citizenof a state is also a citizen of the United States. The government of theconfederation, although sometimes called the national government, wasnot really such, nor was it generally so regarded, as appears from theproceedings of the convention that framed the constitution. 

§9. Among the earliest proceedings of the convention was the offering ofa resolution, declaring that "a national government ought to be formed, consisting of legislative, judiciary, and executive. " This resolutionwas strongly opposed by a large portion of the delegates, because itproposed to establish a _national_ government. They were in favor ofcontinuing the confederation with a slight enlargement of the powers ofcongress, so as to give that body the power to lay and collect taxes, and to regulate commerce. But the friends of a national governmentprevailed; and we have now a complete government, consisting of thethree departments, legislative, executive, and judicial. 

§10. Under the confederation, there was no executive to execute theordinances of congress; nor a national judiciary, the state courts beingused for all judicial purposes. There was only a legislature; and thatconsisted of a single body, called the congress, appointed by the statelegislatures, and having scarcely power enough to entitle it to the nameof legislature. 

§11. But, although the present government, with these three departmentsof power, and controlling, in matters of general concern, the action ofthe state governments and of individuals, is properly a nationalgovernment; yet it is not wholly such, but partly national and partlyfederal; some of the federal features of the confederation having beenretained in the constitution, as will appear on a further examination ofthis instrument. Hence the union is still called, with propriety, the_federal union_, and the government the _federal government_. 

Chapter XXIX. 

Legislative Department. House of Representatives. 

§1. The first article of the constitution describes the manner in whichthe legislature is formed, and prescribes its principal powers. Itdeclares, "All legislative powers herein granted shall be vested in acongress of the United States, which shall consist of a senate and houseof representatives. " Members of the old congress were appointed by thestate legislatures for one year, and might be recalled by them at anytime. Representatives are now chosen for two years. It was thought thata single session was too short a term for men in general to acquire theknowledge and experience necessary to a right performance of theresponsible duties of a representative. Besides, measures are often leftunfinished at the close of a session; and those who have once examinedtheir merits and demerits, can dispose of them more promptly than newmembers. 

§2. The same clause declares that "the electors in each state shall havethe qualifications requisite for electors of the most numerous branch ofthe state legislature. " The qualifications of electors were various inthe different states. (Chap. VI, §8. ) In some of them, owners ofproperty, or tax-payers, in others, freeholders only, were voters. Insome, only the latter voted for the higher officers; in a few, suffragewas almost universal. It was presumed that no state would object to itsown rule for electing the popular branch of its legislature. It isproper that a representative should be chosen directly by those whosewants he is to make known, and whose rights he is to guard. 

§3. A representative must, at the time of his election, "have attainedthe age of twenty-five years; and have been seven years a citizen of theUnited States;" and he must "be an inhabitant of the state in which heis chosen. " Few young men, on attaining the age of majority, have theknowledge, or experience, or wisdom, which is requisite to qualify themfor the responsible duties of a representative. Nor is it to be presumedthat an alien, at the earliest period at which he may become anaturalized citizen, would be sufficiently familiar with ourinstitutions and the wants of our people to be a competentrepresentative. 

§4. The next clause prescribes the rule of apportionment. "Representatives and direct taxes shall be apportioned among the severalstates, according to their respective numbers, which shall be determinedby adding to the whole number of free persons, including those bound toservice for a term of years, and excluding Indians not taxed, three-fifths of all other persons. " To the younger class of readers, this part of the clause needs explanation. 

§5. The convention found it very difficult to agree upon a rule ofapportionment. In the first place, the states, as will be recollected, were entitled to an equal number of delegates in the old congress; andeach state had one vote. But as each member of the house ofrepresentatives was to have a vote, the small states opposed arepresentation according to numbers, while the large states asstrenuously insisted upon it. 

§6. In the next place, the slaveholding states claimed a representationaccording to numbers including slaves; the non-slaveholding statesinsisted on a representation according to the number of free persons. Itmay here be observed, that slavery then existed in all the states exceptMassachusetts; but as the slaves were so few in the northern states, inwhich slavery has been since abolished, the latter are generally spokenof as if they were at that time non-slaveholding states. The controversyon this point rose so high, and the parties were for a long time sounyielding, that fears were entertained of a sudden dissolution of theconvention. 

§7. It became evident that the question could be settled only bycompromise. The northern states consented that in ascertaining thenumber of persons to be taken as the basis of apportionment, three-fifths of the slaves should be added to the number of freepersons. And as these states had opposed the computation of any slavesin fixing a rule of apportionment, on the ground that slaves areproperty, and that no property in these states entitled its owners torepresentation, the southern states consented, on their part, that_direct taxes_ should be apportioned on the same basis asrepresentatives. 

§8. To illustrate this rule by an example: Suppose a state to contain600, 000 free persons, and 500, 000 slaves. Adding three-fifths of thenumber of slaves, (300, 000) to the number of free persons, gives 900, 000as the number of the representative population: and the state would beentitled to _three_ representatives for every _two_ that a state wouldhave which contained 600, 000 free inhabitants and no slaves. So inapportioning taxes according to population, the state in the case wehave supposed, would have to raise _three_ dollars for every _two_ thatit would raise if no slaves were counted. 

§9. But the advantages of this arrangement are more unequal than may atfirst sight appear, or than was anticipated by the framers of theconstitution. The benefits are chiefly on the side of the slaveholdingstates. In the first place, two-fifths of a large class of property inthese states is exempt from taxation, while _all_ the property in thefree states is liable to taxation. Of this the framers were aware. Butthey did not foresee the fact, that the laying of direct taxes would beunnecessary, and that the slave states would consequently escapetaxation for their slaves. Only three direct taxes have been laid; andit is not probable that another will become necessary; the treasurybeing supplied from other sources, chiefly by duties on imports. 

§10. Now, although nothing is gained by the slave states, nor isanything lost by the free states, by the exemption of the two-fifths ofthe slaves from taxation, since direct taxes are unnecessary; there is agreat gain to the slave states, which have between thirty and fortyrepresentatives for what their laws hold to be "property to all intentsand purposes whatsoever, " for which the free states have nothing inreturn. 

§11. The constitution does not limit the house to any definite number ofrepresentatives; it only declares that the number shall not exceed onefor every 30, 000 inhabitants. It requires an enumeration of theinhabitants every ten years; and the next congress thereafter determinesthe ratio of representation and the number of representatives, andapportions them among the states. The word _ratio_ signifies rate, orproportion. It here means the number or portion of the inhabitantsentitled to a representative. 

§12. But as a representative for every 30, 000 inhabitants, after thepopulation became very numerous, would have made the house too large totransact business with due dispatch, and would have unnecessarilyincreased the public expense, the ratio of representation has from timeto time been increased. But to whatever number the ratio may be raised, the constitution expressly declares, that "each state shall have atleast one representative. " Neither Delaware nor Florida had, in 1850, apopulation equal to the present ratio; and without the aboveconstitutional provision, these states would have been deprived of arepresentation in the house, unless congress had adopted a smallerratio. 

§13. It will be seen by reference to the constitution, that the numberof representatives was for the time fixed at sixty-five. After the firstcensus, taken in 1790, the ratio was fixed at 33, 000, which gave thehouse 106 members. After the census of 1800, the same ratio wasadopted, and the number of members was 142. 

After 1810, the ratio was 35, 000; number of members 182. After 1820, the ratio was 40, 000; number of members 213. After 1830, the ratio was 47, 700; number of members 240. After 1840, the ratio was 70, 680; number of members 233. 

After 1850, the ratio was 93, 000 and a fraction, making the number ofmembers 233, of which California had one; but in view of her rapidincrease in population, she was allowed an additional member, making, inall, 234. Minnesota has since been admitted into the Union (1858) withtwo members, and Oregon (1859) with one member. 

§14. Representatives are chosen by districts. Each state is divided bythe legislature into as many districts as there are representatives tobe elected in the state; and one representative is chosen in eachdistrict. In most of the states, representatives are chosen at thegeneral state election; in the others, there are special elections forchoosing representatives. 

§15. By an act of congress, every territory belonging to the UnitedStates in which a government has been established, is entitled to send adelegate to congress, who has a right to take a part in the debates ofthe house, but not the right of voting. 

Chapter XXX. 

The Senate. 

§1. "The senate of the United States shall be composed of two senatorsfrom each state; chosen by the legislature thereof, for six years; andeach senator shall have one vote. " (Art. I, sec. 3. ) The conventionreadily agreed upon dividing congress into two branches; but, as hasbeen observed, it was difficult to settle the mode of representation. The delegates from the large states insisted upon a representation inproportion to numbers, in the senate as well as in the house; and thesmall states contended for equality in both branches. The debate waslong and animated; and it became apparent that, as in the case of slaverepresentation in the house, there must be a compromise. This was atlength effected; the small states consenting to a proportionalrepresentation in the house, and the large states to an equalrepresentation in the senate. 

§2. It has been remarked, that the federative principle of the oldsystem has been to some extent retained in the constitution. Both theequality of representation in the senate, and the election of senatorsby the state legislatures, are in strict conformity with the plan of theconfederation, and of simple confederacies generally. Different modes ofelecting senators were proposed; but the one adopted by the conventionseems preferable to any other. 

§3. There is, however, in one particular, a material difference betweenthe plan of the old congress and that of the senate. It is in the mannerof voting. In the former, the vote was taken by states, each statehaving but one vote; (Chap. XXVIII, §5, ) in the latter, the senatorsvote separately, the vote of each senator counting one, as in the house;and a question is decided by the united votes of a majority of themembers, and not by the vote of a majority of the states. Nor is thevote of a state lost if but one of its senators is present, as formerly. If, however, the two senators vote on different sides of a question, theeffect is the same as when, in the old congress, the members from astate were equally divided. 

§4. There were also various opinions as to the proper term of office ofsenators. Terms were proposed differing in length from three to nineyears; and a proposition was even made by one distinguished member tomake the term continue during good behavior, which is practically forlife. There appear to be sound objections both to long and short terms. It is urged by those in favor of the latter, that an officer elected fora short term, especially if he desires a reëlection, will have a stronginducement to please and faithfully serve those who are to elect orappoint him. 

§5. Others, however, while they admit that short terms tend to insureresponsibility on the part of a representative, consider this argumentmore than counterbalanced by the objections to which a short term isliable. Looking to a reëlection, he may act with a view to hispopularity rather than to the public good. Again, the oftener alegislature is changed, the more changeable and uncertain will be thelaws. Men having invested their capital in a business enterprise, andmade a successful beginning under existing laws, may be ruined by asudden and unexpected change of governmental policy. 

§6. In view of these objections to both long and short terms, a mediumterm of six years was adopted. This was believed to be short enough tokeep up in a senator a feeling of responsibility, and yet long enough toinsure his acting independently and with a regard to the generalinterests of the nation. Although a bad senator may occasionally be kepttoo long in office by a six years' term, cases also occur in which theact of a senator, especially in time of public excitement, is stronglycondemned, but upon calm and mature reflection meets the publicapprobation. 

§7. The next clause of the third section provides for the gradual changeof the senate. One-third of the senators go out of office every twoyears. In favor of this arrangement are two important considerations. First, it secures to the public at all times the benefit of theexperience of at least two-thirds of the body. Whereas, if the terms ofall the senators expired at once, their places might be supplied mainlyby new members without the requisite knowledge and experience. Secondly, while a long term is intended to guard against the too frequent changesin the laws, it may also prevent, for too long a time, the amendment orthe repeal of bad laws. Such amendment or repeal may be hastened by theelection of new members in the place of the one-third who retire everytwo years. 

§8. Vacancies which happen in the representation of any state in thesenate during the recess of its legislature, may be filled by thegovernor until the next meeting of the legislature. Without thisprovision, either the legislature must be assembled immediately to fillthe vacancy, or the state must remain in part, or perhaps whollyunrepresented in the senate, until the next regular session of thelegislature. 

§9. But an appointment may not be made by an executive before thevacancy actually happens. In 1825, the term of a senator was about toexpire during the recess of the legislature of his state, which hadfailed at its previous session to appoint a successor. As a specialsession of the senate was to be held immediately after the expiration ofthe senator's term, the governor, a few days before the term expired, inanticipation of the vacancy, reappointed the senator. But the senatedecided that, as the appointment had been made _before the vacancyhappened_, the senator was not entitled to a seat. 

§10. The next clause prescribes the qualifications of senators. Asenator must have attained the age of thirty years, and been nine yearsa citizen of the United States; and he must, when elected, be aninhabitant of the state for which he is chosen. As many of the duties ofa senator require more knowledge, experience, and stability of characterthan those of a representative, greater age and longer citizenship arerequired. The nature of these duties will be noticed in subsequentchapters. 

§11. The seventh section of the first article provides for the passageof bills negatived, or vetoed, by the president. Bills returned by himwith his objections, become laws when passed by majorities of two-thirdsof both houses; that is, by two-thirds of the members present. They alsobecome laws if not returned by him within ten days (Sundays excepted)after they have been presented to him, unless their return is preventedby the adjournment of congress. 

§12. We have passed over several sections and clauses of this articlewithout remark. Most of them are similar to some in the stateconstitutions, which we have noticed; and the propriety of others is soreadily perceived, that any comment upon them is deemed unnecessary. 

Chapter XXXI. 

Power of Congress to lay Taxes, Duties, &c. ; Power to Borrow Money. 

§1. Having shown how the legislative department of the generalgovernment is constituted, we proceed to consider its powers. It isthought proper, however, first to notice one important characteristic ofthe general government, in which it differs from the state governments, and the knowledge of which is necessary to a right understanding of thepowers of the state and national governments respectively. 

§2. The general government is a government of _delegated_ powers; thatis, powers which have been intrusted or _delegated_ to it by the states, or the people of the states. Having derived its powers from the states, or the people, it has such powers only as have been conferred by theconstitution. Hence it is called a government of _limited_ powers. Thestates, on the other hand, existing before the general government, andpossessing entire sovereignty or supreme power, may exercise all powerswhich they have not surrendered to the general government. In otherwords, their powers are _unlimited_, except so far as they have partedwith any of their original powers. 

§3. Most of the powers of congress are enumerated in the eighth sectionof the first article of the constitution. The first in the list is inthese words: "Congress shall have power to lay and collect taxes, duties, imposts, and excises, to pay the debts and provide for thecommon defense and general welfare of the United States; but all duties, imposts, and excises shall be uniform throughout the U. States. "

§4. We have already noticed the want of such a power in the oldcongress. The debt which had been contracted to carry on the warremained unpaid; and congress, as we have seen, had no power to raisemoney either to pay debts or to defray the current expenses of thegovernment. (Chap. XXVII: §4, 6. ) It could neither raise money by_direct_ taxation; that is, by taxing the persons and property of thecitizens, nor by _indirect_ taxation, which is by duties. 

§5. _Duties_, or _customs_, are taxes on goods imported from, orexported to, a foreign country. _Imposts_ are taxes on imported goodsonly. Duties on exports, however, being deemed inexpedient, are not laidby our government. An _excise_ is a tax neither on imports nor exports, but on articles produced and consumed in the country, and on licenses todeal in certain commodities. The money paid for license to sellspirituous liquors is an _excise_ tax. 

§6. Duties are _specific_ and _ad valorem_. A _specific_ duty is aspecified sum of money charged upon every yard, pound, or gallon of anycommodity. Thus, a duty of ten cents on a pound of tea, or of one dollaron a yard of cloth, or of fifty cents on a gallon of wine, is a specificduty. _Ad valorem_ is a Latin phrase, signifying _according to thevalue_. An _ad valorem_ duty is a certain _per centage_ on the value orprice. Thus, thirty per cent, on a yard of cloth costing two dollars, issixty cents; on a yard costing three dollars, ninety cents; the sumcharged being varied by the difference in the price or value. 

§7. The power to lay duties is very properly qualified by the provisionthat "all duties shall be uniform throughout the United States. " Thiswas intended to prevent the giving of unjust preference to any one ormore states over others. Without this restriction upon the exercise ofthis power, the representatives of a part of the states might combine, and by laying higher duties upon goods imported into other states, thanupon those imported into their own, might turn the trade chiefly intothe latter. Or they might in laying duties on exports, impose highduties upon the productions of other states, and low duties, or none atall, upon the products of their own. 

§8. Although Congress has power to lay direct taxes, it has seldom beenexercised. The duties on foreign goods and on the vessels in which theywere imported, have been found sufficient for the payment of the publicdebt, and for other government purposes. The national debt in 1791 wasabout $75, 000, 000, and, in 1804, had risen to $86, 000, 000; yet chieflyby duties was this debt reduced nearly one-half by the year 1812. By thewar which commenced that year, the debt was again increased, being in1816, $127, 000, 000. In 1835, this large debt had been, in the mannerstated, entirely extinguished. 

§9. The next power mentioned is the "power to borrow money on the creditof the United States. " Although Congress may, under the power to laytaxes and duties, raise money to any extent, a large amount maysometimes be wanted before it can be raised from the regular income orrevenue of the nation, or even before it could be raised by a directtax, which would be burdensome to the people. Hence the utility of thepower to borrow money until it can be reimbursed from the nationalrevenues. 

Chapter XXXII. 

Power of Congress to Regulate Commerce. Commerce with Foreign Nations. 

§1. Next in the list of powers is "the power to regulate commerce withforeign nations, and among the several states, and with the Indiantribes. " The need of no power under the confederation was more deeplyfelt than the power to regulate foreign trade. It was the want of thispower, as we have seen, which was the more immediate cause of callingthe convention that framed the constitution. (Chap. XXVII: §7-11. ) Thenecessity of this power arose mainly from the policy of Great Britain, by which she had secured to herself undue advantages in her foreigncommerce, especially in her trade with this country. 

§2. During the war of the revolution, the direct trade with GreatBritain was interrupted. But when peace was restored, our markets wereagain open to British goods and vessels, while upon American produce andAmerican vessels entering British ports, heavy duties were levied. Toenable some young readers more clearly to understand the objects and theunequal operation of the policy of the British government, the subjectmay need some further illustration. 

§3. One object was, to secure a market at home for the products ofagricultural labor. How this is done by taxing foreign products, willappear from the following example: Suppose the market value of a bushelof wheat in Great Britain to be one dollar a bushel, and the cost ofraising the article here and carrying it to that market to be the same. If now a duty of 40 cents a bushel is laid upon wheat from abroad, theEnglish consumer, instead of buying it with this duty added, will buy ofthe English producer. But more wheat is produced here than there is amarket for; and the American farmer must find a market abroad. But inorder to sell it in the English market, he must pay 40 cents on everybushel to the British government; or, which is the same thing in effect, he must sell it for 40 cents a bushel less than its value to the Britishpurchaser, who pays the duty to that government. 

§4. Now, as much less American wheat will be sent to Great Britain thanif it were free from duty, a better market is secured to the Englishfarmer. Besides this, of the value of every bushel which Great Britainmay please to admit, or which the people of other countries maybeobliged to sell to her, 40 per cent, is paid into her treasury. Thus byone operation, are two benefits secured, namely, the reward ofagricultural labor at home, and the raising of revenue. So by the dutiesimposed upon foreign vessels entering her ports, the national revenuewas to some extent increased, and great advantages were secured to hercitizens engaged in the carrying trade. 

§5. The people of this country being nearly all employed in agriculture, and consequently dependent upon foreign markets for the sale of thesurplus products of their labor, they were obliged to submit to thepayment of these duties. And not possessing at that time the means ofmanufacturing to any considerable extent for themselves, goods in largequantities came in from Great Britain, for which they must pay inproduce heavily burdened with duties, or with money obtained for theproduce subject to these heavy duties. 

§6. To remove the inequality in the trade between the two countries, itwas thought necessary to retaliate upon Great Britain by subjecting hergoods and vessels coming into our ports to the payment of duties similarto those imposed on our produce and vessels in her ports. But the powerto lay duties was with the states; and, as we have seen, the statescould not agree upon any effectual system; for, in order to make anysystem effectual, the duties must be uniform throughout the UnitedStates. 

§7. It was intended, in regulating trade, to render our own country lessdependent upon foreign nations for manufactured goods, by encouragingdomestic or home manufactures by duties on goods imported. Duties laidfor this purpose are called _protective_ duties, being designed to_protect_ our manufacturers against loss from the competition offoreigners. The nature and operation of a protective duty may be thusillustrated:

§8. Suppose foreign broadcloth of a certain quality is sold in thiscountry for $2. 50 a yard, and cloth of the same quality manufacturedhere can not be afforded for less than $3 a yard. There would now be noencouragement to any one to engage in the manufacture of such cloth;because in order to sell it, he must reduce the price to that of theforeign article, which would subject him to a loss of fifty cents ayard. Let now a duty of $1 a yard be laid upon the foreign cloth, andthe price would be $3. 50, and preference would be given to the domesticarticle, unless the importer should reduce the price of his foreigncloth to $3; in which case, it is to be presumed, about an equalquantity of each would be consumed, and the duty of $1 a yard on theforeign cloth would go into the United States' treasury. 

§9. The same objects may, to some extent, be effected by the firstmentioned power, "to lay taxes, duties, " &c. In laying duties forrevenue, that is, raising money to pay the debts and other expenses ofthe government, congress may lay the duties upon those kinds of goodswhich it wishes to protect; and thus _indirectly_ both encouragedomestic industry and regulate commerce. From this it appears that thethree objects mentioned may be accomplished under the grant of eitherone of the two general powers, to lay duties, and to regulate commerce. 

§10. Why, then, it may be asked, were both these powers inserted in theconstitution? The first _expressly_ authorizes the laying of duties onlyto raise money for paying debts and government expenses; and protectionand the regulation of commerce can only be effected _indirectly_. Hence, if our arrangements with foreign nations should be such as to render itunnecessary to lay duties to regulate commerce, or encourage domesticindustry, money could not be raised without the _express_ power to laytaxes, duties, &c. And such might be the state of things, that rates ofduties sufficient for revenue would be insufficient for the purposes ofprotection and regulating trade. Therefore, both powers are properlygranted to congress. 

§11. Again, it may be asked, if foreign goods without duty can be had atlower prices than domestic, why is it not better for us to buy them thanto force the manufacture and sale of our own at higher prices? and, ifthere is no other way of raising money, why not do it by directtaxation? Suppose, for example, as in a preceding section, (§8, ) theprice of foreign cloth to be $2. 50 a yard, for which the farmer has topay in wheat, or in cash received for it. But as the wheat has to beshipped to a foreign market, the merchant who takes it in exchange forthe cloth, or the cash purchaser, deducts from the foreign market pricethe cost of transportation and the foreign duty, which, together, let ussuppose to be fifty cents a bushel, or one-half of the foreign marketprice. A yard of cloth would then cost five bushels of wheat. 

§12. Let us now suppose a domestic article at $3 a yard to take theplace of the foreign. A large portion of the laborers formerly employedin agriculture, are now engaged in building factories and inmanufacturing. These, instead of being producers, have become onlyconsumers of the wheat of the farmers, who now have a market at home, thus saving the duties and the cost of transportation. As there are nowfewer producers, the price of wheat would probably be not less than $1 abushel. Therefore a yard of domestic cloth would cost only _three_bushels of wheat, instead of _five_ paid for the foreign cloth. And asthere would be a corresponding rise in the price of labor, more cloth at$3 a yard could be bought for the avails of a day's labor than formerly. 

§13. The protection of domestic industry received the early attention ofcongress. The second law passed by the first congress under theconstitution, authorized "duties to be laid on goods, wares, andmerchandises imported;" and among the objects of the law expressed in apreamble one was "the encouragement and protection of domesticmanufactures. " For a long time, however, little was done in the way ofprotection. The principal nations of Europe, England included, becameinvolved in war. A large portion of their laboring population havingbeen called from agricultural pursuits into the armies, a foreign demandwas created for American produce; and we were enabled to supplyourselves at less disadvantage with foreign manufactures. 

§14. But after peace had been restored in Europe, and people hadreturned to their usual employments, the foreign demand for ourbreadstuffs nearly ceased; and large quantities of foreign goods wereagain imported, for which our people were unable to pay. Congress nowfound it necessary to exercise, to a greater extent, its power toregulate trade, by discouraging importations, and encouraging domesticmanufactures, and, in 1816, commenced an effective system ofprotection. Laws have from time to time been passed to favormanufactures from cotton, wool, iron, and other materials; andmanufacturing is now carried on extensively in this country. By thusdrawing a large portion of the people into manufacturing and mechanicalemployments, a market has been created at home for more grain, meat, andother agricultural products, than is required to supply all foreigndemand. 

§15. The laws relating to foreign commerce prescribe the manner ofcollecting the revenue. There is in every port of entry a _collector_ of_customs_, who superintends the collection of duties. When a vesselarrives it is submitted, with the cargo and all papers and invoices, tothe inspection of the proper officers; and the goods subject to duty areweighed and measured, and the duties estimated according to law. 

Chapter XXXIII. 

Power to regulate Commerce, continued. Navigation; Commerce among theStates, and with the Indian Tribes. 

§1. In regulating foreign commerce, congress has also passed navigationlaws. _Navigation_ is the art of conducting ships and other vessels. Ithas reference also to the rules to be observed by owners and mastersengaged in the shipping trade. We have noticed the navigation acts ofGreat Britain by which she built up her shipping interest; (Chap. XXVII, §7, ) and we have stated that one object of the power to regulatecommerce was to countervail the effects of those acts upon our shipping. 

§2. To encourage and promote domestic navigation, an act was passed bythe first congress conferring special privileges upon vessels built andowned by citizens of the United States. This was done by laying _dutieson tunnage_. _Tunnage_ means the content of a ship, or the burden thatit will carry, which is ascertained by measurement, 42 cubic feet beingallowed to a tun. This act imposed a duty of fifty cents a tun onforeign vessels, and upon our own a duty of only six cents a tun. Assuch a law discriminates, or makes a distinction or difference betweendomestic and foreign vessels, these duties are also called_discriminating_ duties. 

§3. By the aid of these protective duties, slightly changed from time totime, our shipping interest acquired great strength. But the necessityof discriminating duties no longer exists. By the stipulations ofexisting treaties between the principal commercial nations, each is toadmit into her ports the vessels of the others on equal terms with herown. Our government having become a party to this agreement, discriminating tunnage duties have been abolished. 

§4. The registry, however, of vessels of the United States, and otherregulations concerning them, are for the most part continued. A vesselis measured by a surveyor to ascertain her tunnage, and the collectorrecords or registers in a book her name, the port to which she belongs, her burden or tunnage, and the name of the place in which she was built, and gives to the owner or commander a certificate of such registry. 

§5. The master of a vessel departing from the United States, bound to aforeign port, must deliver to the collector of the district, a_manifest_, which is an invoice, or account of the particulars of acargo of goods, and of their prices or value. This statement issubscribed by the master, and sworn by him to be true. The collectorthen grants a _clearance_, for the vessel, which is a certificatestating that the commander has cleared his vessel according to law. 

§6. Vessels of the United States going to foreign countries, are, at therequest of the masters, furnished with passports. A _passport_ is awriting from the proper authority of a state or kingdom, grantingpermission to pass from place to place, or to navigate some sea withouthinderance or molestation. It contains the name of the vessel and thatof her master, her tunnage, and the number of her crew, certifying thatshe belongs to the subjects of a particular state, and requiring allpersons at peace with that state, to suffer her to proceed on her voyagewithout interruption. In this country the form of a passport is preparedby the secretary of state, and approved by the president. 

§7. The navigation laws also provide for the safety of passengers andthe crews of vessels, limiting the number of passengers on passengervessels, and prescribing the quantity of water and certain kinds ofprovisions which merchant vessels are required to have for each personon board. They also declare what persons may be employed on board, andhow funds shall be provided for sick and disabled seamen. 

§8. Under the power to regulate commerce, congress has also passed lawsrelating to quarantines. The word _quarantine_, from the Latin_quarantina_, signifies the space of forty days. Originally vesselssuspected of having contagious sickness on board, or of being infectedwith malignant, contagious disease, were forbidden, for forty days, tohave intercourse with the place or port at which they arrived. Theperiod for which ships are now detained is not defined, but is fixed bythe proper officers at their discretion, according to circumstances. Quarantines are required by the health laws of the states; and by thelaws of congress, vessels are to be subject to the health laws of thestate at whose ports they arrive. 

§9. In connection with the power to regulate foreign commerce, power isgiven to regulate "commerce among the several states, " or _internal_commerce. We have noticed the difficulties which attended the differentcommercial regulations of the states, and the necessity of a uniformsystem, which could be had only by giving congress alone the power toregulate commerce. (Chap. XXXI. , §7. ) Without the power to regulate_internal_ commerce, congress could not give effect to the power toregulate foreign commerce. One state might impose unjust and oppressiveduties upon goods imported or exported through it by another state. Butin the hands of congress, the power to regulate internal as well asforeign commerce, secures to all the states the benefits of a free anduninterrupted trade. 

§10. In granting to congress the power to regulate commerce "with theIndian tribes, " it was intended to lessen the dangers of war. Murdersand war had been provoked by the improper conduct of some of the states. It was believed, that, by a uniform policy, difficulties would be morelikely to be prevented; and that if they should occur, they would bemore likely to be amicably settled by the general government than by astate, which, being an interested party, would be more liable tomisjudge the matter in dispute, and more rigid in demanding satisfactionfor injuries, as well as more severe in redressing them. 

Chapter XXXIV. 

Powers of Congress in relation to Naturalization; Bankruptcy; CoiningMoney; Weights and Measures; Punishment of Counterfeiting. 

§1. The next clause grants to congress the power "to establish a uniformrule of naturalization, and uniform laws on the subject of bankruptciesthroughout the United States. " We have already noticed some of thedisqualifications of aliens. (Chap. VI, §5. ) By the common law ofEngland and this country, aliens were not only politically disqualified, but they could not in their own name lawfully hold and sell real estate. To admit aliens to all the rights and privileges of citizens immediatelyon their arrival in this country, and before they shall have acquired aknowledge of our government and laws, and of the duties of citizens, would be expedient. Educated under monarchical governments, many ofthem, it is to be presumed, have little respect for our republicaninstitutions, or at most but an imperfect knowledge of them. 

§2. But to deny foreigners the rights of citizens after they shall haveacquired a fixed residence here, and a knowledge of their civil andpolitical duties, would be illiberal and unjust. Provision has thereforebeen made for removing their disqualifications, or for _naturalizing_them; that is, for investing them with the rights and privileges of_natural_ born citizens. But if different rules were established by thedifferent states, a person, having become naturalized in one state, would, on removing into another state, be deprived of the rights ofcitizenship, until he should have been naturalized by the laws of suchstate. Besides, by the constitution, a person, on becoming a citizen ofany state, is a citizen of the United States, and entitled to theprivileges of a citizen in any other state. (Art. IV. , §2. ) As, therefore, there should be one uniform rule, the power of naturalizationis properly given to congress. 

§3. An alien, to become a citizen, must declare on oath before a statecourt or a circuit court of the United States, or before a clerk ofeither of said courts, after having resided three years in the UnitedStates, that it is his intention to become a citizen, and to renouncehis allegiance to all foreign governments, and particularly that underwhich he formerly lived, and that he will support the constitution ofthe United States. Then after two years, the court, if satisfied that hehas resided five years in the United States, and one year in the statein which the court is held, and that during that time he has behaved asa man of good moral character, and is attached to the principles of theconstitution, may admit him as a citizen. 

§4. An alien minor who has resided in the United States at least threeyears before he was twenty-one years of age, may, at any time after thatage and five years' residence in the United States, be admitted as acitizen, without having previously declared his intention to become acitizen. Also the minor children of a naturalized citizen, if dwellingin the United States at the time of his naturalization, becomecitizens. 

§5. A _bankrupt_ is an insolvent debtor; that is, a person who is unableto pay all his just debts. A _bankrupt law_ is a law which, upon aninsolvent's giving up all his property to his creditors, discharges himfrom the payment of his debts. Such laws are designed for the benefit ofhonest and unfortunate debtors, who, by having the enjoyment of theirfuture earnings secured to them, are encouraged to engage anew inindustrial pursuits. But these laws, intended for the benefit of theunfortunate poor, have enabled dishonest and fraudulent debtors toprocure a release from their debts. 

§6. Experience had shown the propriety of intrusting to congress thepower to make these laws. The dissimilar and conflicting laws of thedifferent states, and the entire want of them in others, had causedgreat inconvenience. A debtor, though discharged from debt by the lawsof one state, was liable to be prosecuted on removing into anotherstate. Important as such laws were deemed, there is no existing law onthe subject. A bankrupt law was passed in April, 1800, and repealed inDecember, 1803. Another was passed in 1841, which was of still shorterduration. 

§7. The next power mentioned is the power "to coin money and regulatethe value thereof. " As a consequence of giving this power to Congress, we have a uniform currency throughout the union. We have also, insteadof the awkward system of reckoning by pounds, shillings, and pence, themore convenient decimal mode of calculation by dollars and cents. Theold system was rendered the more inconvenient by the difference in thevalue of a pound, shilling, and penny in the different states. Amerchant in a New England state, buying goods in New York orPhiladelphia, must, in order to put prices upon them, reduce thecurrency of the state in which he bought them to New England currency. Thus, the cost of an article being in New York two shillings and fourpence a pound, would be in Connecticut one shilling and nine pence. Oneshilling and six pence in New York would be in any New England stateone shilling and a penny and a half. 

§8. The place where money is coined is called _mint_. The principal mintin the United States, and the first that was established in thiscountry, is at Philadelphia. The business of coining is under thesuperintendence of a director. Under him are a treasurer, an assayer, achief coiner, an engraver, and a melter and refiner. The gold andsilver, before it is coined, is called _bullion_. There is a branch mintin New Orleans, one at Charlotte, in North Carolina, one at Dahlonega, in Georgia, one in California, and one in the city of New York. At theplace last mentioned, gold is assayed, but not coined. 

§9. The clause containing the power last quoted, gives power also to"fix the standard of weights and measures. " For the convenience of tradebetween the states, the standard of weights and measures should be thesame in all the states. Without such uniformity, commerce among thestates would meet with embarrassments scarcely less than thoseexperienced from the want of a uniform currency. To effect the desiredobject, this power was given to congress. 

§10. The next power in the list is the power "to provide for thepunishment of counterfeiting the securities and current coin of theUnited States. " By securities here are meant bonds and other evidencesof debt. As the general government has the power to borrow money and tocoin money, it is proper that it should also have the power to providefor punishing those who forge its written obligations for the payment ofthe money borrowed, and who counterfeit its coin. These offenses aretried in the courts of the United States. 

Chapter XXXV. 

Powers of Congress in relation to Post-Offices, Copy-Rights, andPatents, and Inferior Courts. 

§1. Congress has power "to establish post-offices and post-roads. " Thepost-office department, from the facilities which it affords for thecirculation of intelligence and the transaction of business, is aninstitution of incalculable value to the union. It is impossible toconceive all the difficulties which would attend the exercise of thispower by the different states. A uniform system of regulations isindispensable to the efficiency of this department, and could be securedonly by placing this power in the hands of congress. 

§2. Congress has power "to promote the progress of science and theuseful arts, by securing, for limited times, to authors and inventors, the exclusive right to their respective writings and discoveries. "Useful sciences and arts are promoted by new books and new inventions. But if every man had the right to print and sell every book or writing, without compensation to the author, there would be little to encouragemen of ability to spend, as is often done, years of labor in preparingnew and useful works. Nor would men of genius be likely to spend theirtime and money in inventing and constructing expensive machinery, ifothers had an equal right to make and sell the same. In pursuance of thepower here given, congress has enacted laws for the benefit of authorsand inventors. 

§3. The exclusive right of an author to the benefits of the sale of hisbooks or writings, is called _copy-right_, and is obtained thus: Theauthor sends a printed copy of the title of his book to the clerk of thedistrict court of the United States of the district in which the authorresides. The clerk records the title in a book, for which he receivesfifty cents, and gives the author, under the seal of the court, a copyof the record, for which also he receives fifty cents. 

§4. The author must also, within three months after the firstpublication of the work, deliver a copy of the same to the clerk of thedistrict court. And he must cause to be printed on the title page orpage immediately following, of every copy of the book, words showingthat the law has been complied with. This secures to the author the soleright to print and sell his work for twenty-eight years, at theexpiration of which time, he may have his right continued for fourteenyears longer, by again complying with the requirements of the law asbefore, provided it be done within six months before the expiration ofthe first term, and a copy of the record published in a newspaper forthe space of four weeks. 

§5. _Patents_ for new inventions are obtained at the patent office atthe seat of government. This office is connected with the department ofthe interior. (Chap. XLI, §7. ) The commissioner of patents superintendsthe granting of patents under the direction of the secretary of theinterior. To secure an exclusive right to an invention, the inventormust deliver to the commissioner of patents, a written description ofhis invention, and specify the improvement which he claims as his owndiscovery; and he must make oath that he believes he is the discovererthereof. 

§6. Before the petition of an inventor is considered, he must pay thesum of thirty dollars. If the commissioner, upon examination, does notfind that the invention had been before discovered, he issues a patenttherefor. Patents are granted for the term of fourteen years, and may berenewed for a further term of seven years, if the inventor has not beenable to obtain a reasonable profit from his invention. 

§7. Congress has power "to constitute tribunals inferior to the supremecourt. " As the first section of the third article of the constitution, in providing for a national judiciary, authorizes congress to ordain andestablish such inferior courts, the insertion of the power in this placeseems to have been unnecessary, (Chap. XLII, §1. )

Chapter XXXVI. 

Powers of Congress in relation to Piracy and Offenses against the Law ofNations; War; Marque and Reprisal, Public Defense, District of Columbia;Implied Powers. 

§1. The next clause grants to congress the power "to define and punishpiracies and felonies committed on the high seas, and offenses againstthe law of nations. " _Piracy_ is commonly defined to be forcible robberyor depredation upon the high seas. But the term _felony_ was not exactlydefined by the laws of England, whence the common law of this countrywas derived; consequently its meaning was not the same in all thestates. It was sometimes applied to capital offenses only; at othertimes, to all crimes above misdemeanors. For the sake of uniformity, thepower to define these offenses is given to congress: and as the stateshave no jurisdiction beyond their own limits, it is proper that congressshould have the power to punish as well as define crimes committed onthe high seas. 

§2. Nor were offenses against the law of nations more clearly defined:therefore the power to define these are with equal propriety given tocongress. As our citizens are regarded by foreign nations as citizens ofthe United States and not as citizens of their respective states; and asthe general government alone is responsible to foreign nations forinjuries committed on the high seas by citizens of the United States, this power is vested in congress. 

§3. Congress is also properly intrusted with the power "to declare war;grant letters of marque and reprisal; and make rules concerning captureson land and water. " It is very evident that a single state ought not tobe allowed to make war. As the people of all the states become involvedin the evils of war, the power to declare it is justly given to therepresentatives of the whole nation. In monarchical governments thispower is exercised by the king, or supreme ruler. But so important apower should not be intrusted to a single individual. The framers ofthe constitution have wisely intrusted it to the representatives ofthose who have to bear the burdens of the war. 

§4. _Marque_ means passing the frontier or limits of a country;_reprisal_, taking in return. _Letters of marque and reprisal_ authorizepersons injured by citizens or subjects of another nation to seize thebodies or goods of any of the citizens of such nation, and detain themuntil satisfaction shall be made. To permit an individual to act asjudge in his own case in redressing his private wrongs would increasethe dangers of war. 

§5. Nor should a state be permitted to authorize its citizens to makereprisals; for, although such authority is designed to enable thecitizens of one country to obtain redress for injuries committed bythose of another, without a resort to war, the tendency of reprisals isto provoke rather than to prevent war; and as the whole nation becomesinvolved in a war, the power to authorize reprisals properly belongs tothe general government. Indeed it is not clear that such license oughtever to be given. It does not appear strictly just to capture the bodiesor goods of unoffending persons, especially before war has been declaredbetween the two countries. But if the power to grant such license isever to be exercised, it ought to be vested in congress. 

§6. As congress has the power to declare war, it ought to have power tomake rules concerning the property captured in time of war. The generalpractice is to distribute the proceeds of the property among the captorsas a reward for bravery and a stimulus to exertion. But proof must bemade in a court of the United States that the property was taken fromthe enemy, before it is condemned by the court as a prize. 

§7. The next five clauses provide for the security and defense of thenation. The power to declare war would be of little use in the hands ofcongress, without power over the army, navy and militia. This had beenproved by experience Congress had power under the confederation todeclare war; but, as we have seen, it could not raise troops, nor compelthe states to raise them. To guard against similar difficulties infuture, power to control the public forces was placed where it can bepromptly and effectively exercised. 

§8. The next power of congress is, "to exercise exclusive legislationover such district, not exceeding ten miles square, as may, by cessionof particular states, and the acceptance of congress, become the seat ofgovernment of the United States. " If the seat of the general governmentwere within the jurisdiction of a state, congress and other publicofficers would be dependent on the state authority for protection in thedischarge of their duties. To guard the public business more effectuallyagainst the danger of interruption, complete and exclusive power at theseat of government is given to congress. The old congress had once, nearthe close of the Revolution, been treated with insult and abuse whilesitting at Philadelphia; and the executive authority of Pennsylvaniahaving failed to afford protection, congress adjourned to Princeton inthe State of New Jersey. 

§9. It appears that the cession of this territory to the generalgovernment had not yet been made; but it was in contemplation by thestates of Virginia and Maryland to cede it. It is called the _Districtof Columbia_. Its inhabitants are subject to the laws of congress. Thatpart of the district which was ceded by Virginia, was in 1846, retroceded _by_ congress to that state. To congress is given, with equalpropriety, exclusive authority over all places purchased "for theerection of forts, magazines, arsenals, dock-yards, and other needfulbuildings. "

§10. The last power granted in this section, is the power "to make alllaws which shall be necessary and proper for carrying into execution theforegoing powers, and all other powers vested by this constitution inthe government of the United States, or in any department or officerthereof. " As it was impossible to enumerate in the constitution everyparticular act which congress might find it necessary to perform, certain powers were expressly granted; and to these powers was addedthis general grant of power to pass laws for carrying them into effect. 

§11. It is the opinion of eminent statesmen that this clause confers noadditional power. They hold that the power therein granted isnecessarily _implied_ or included in the foregoing powers. For example:The power "to regulate commerce" includes the power to cause theconstruction of break-waters and light-houses, the removal ofobstructions from navigable rivers, and the improvement of harbors; forin regulating and facilitating commerce, these works and improvementsare absolutely necessary. So the power "to establish post-offices"implies the power to punish persons for robbing the mail. The doctrineis, "that wherever a general power to do a thing is given, everyparticular power for doing it is included. " Hence it is inferred thatcongress would have had the power to pass the laws here authorized, though no express power for that purpose had been given. 

§12. Besides the long list of powers contained in the eighth section ofthe first article of the constitution, and considered in precedingchapters, there are sundry other powers of congress in subsequentarticles, which will be noticed in their order. 

Chapter XXXVII. 

Prohibitions on Congress. 

§1. While the constitution confers on congress all the powers deemednecessary to be exercised for the general welfare, it imposes oncongress certain restrictions, the most of which are contained in thenext section. (Art. I, sec. 9. ) The first prohibition is in these words:"The migration or importation of such persons as any of the states, nowexisting, shall think proper to admit, shall not be prohibited by thecongress prior to the year one thousand eight hundred and eight; but atax or duty may be imposed on such importation, not exceeding tendollars for each person. "

§2. It is generally known that, from an early period, slaves had beenimported into the colonies from Africa. At the time when theconstitution was formed, laws prohibiting the foreign slave trade hadbeen passed in all the states except North Carolina, South Carolina, andGeorgia. The delegates from these states in the convention insisted onhaving the privilege of importing slaves secured, by withholding fromcongress the power to prohibit the importation. A majority of theconvention were in favor of leaving congress free to prohibit the tradeat any time. But as it was doubtful whether these states would in suchcase accede to the constitution; and as it was desirable to bring asmany states as possible into the union; it was at length agreed that thetrade should be left open, and free to all the states choosing tocontinue it, until 1808, (twenty years;) congress being allowed, however, to lay a duty or tax of ten dollars on every slave imported. 

§3. It has ever been a cause of wonder and regret to many, that thetraffic in human beings should have been permitted by the constitution, even for the most limited period. It is, however, a gratifying fact, that congress exercised its power for terminating the foreign slavetrade, at the earliest possible period. A law was passed in 1807, to gointo effect in January, 1808, making it unlawful, under severepenalties, to import slaves into the United States; and in 1820, theAfrican slave trade was by law declared _piracy_, and made punishable bydeath. 

§4. The next clause is, "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. " _Habeas corpus_, (Latin, ) signifies, _have the body_. A person deprived of his liberty, may, before the finaljudgment of a court is pronounced against him, petition a court orjudge, who issues a writ commanding the party imprisoning or detaininghim, to produce his body and the cause of his detention before the judgeor court. If the imprisonment or detention is found to be illegal, orwithout sufficient cause, the prisoner is set at liberty. 

§5. The next clause declares, "No bill of attainder or _ex post facto_law shall be passed. " A _bill of attainder_ is an act of the legislatureby which the punishment of death is inflicted upon a person for somecrime, without any trial. If it inflicts a milder punishment, it isusually called a bill of pains and penalties. Such laws are inconsistentwith the principles of republican government, and are therefore properlyprohibited. 

§6. An _ex post facto_ law is literally a law made after an act is done, or which has effect upon an act after it is done. But it here means alaw that makes punishable as a _crime_, an act which was not criminalwhen done. A law is also an _ex post facto_ law that increases thepunishment of a crime after it has been committed. If, for example, alaw should be passed by which a person, having previously killed anotherin lawfully defending his own life, should be made to suffer death, itwould be an _ex post facto_ law, because killing in self-defense, beforethe passage of the law, was not punishable as a crime. Such also wouldbe a law that should require all persons now charged with stealing, tobe imprisoned for life, if found guilty; because the crime, whencommitted, was punishable by a shorter imprisonment. 

§7. The next prohibition is, "No capitation or other direct tax shall belaid, unless in proportion to the census or enumeration herein beforedirected to be taken. " The words _capitation_ and _capital_ are from theLatin _caput_, the head, or poll. Hence a _capitation-tax_ or a_poll-tax_, is a tax upon each head or person. (Chap. VII. §4. ) Theabove clause means, that poll-taxes, if laid, must be laid in conformityto article 1st, section 2d, clause 3d, of the constitution, whichrequires three-fifths of the slaves to be counted in apportioning taxesamong the states according to population. 

§8. The next prohibition is, "No tax or duty shall be laid on articlesexported from any state. " Probably no law for taxing exports could bedevised which would operate equally upon the interests of the differentstates. Or some states the principal product is cotton, rice, ortobacco; of others, grain; and of others, manufactures; and some ofthese products might not bear the same rates of duties as others. Butthough it were possible to devise a plan which would be equal in itsoperation, a majority of the representatives might be opposed to it. Therepresentatives of the grain producing, and those of the plantingstates, might combine in imposing excessive taxes upon the productionsof the manufacturing states. Or the manufacturing and the grainproducing states might, with the same intent, combine against theplanting states. 

§9. As it was the purpose of the framers of the constitution to maketaxation, as nearly as possible, equal in the different states, byuniform duties; and as every necessary object of indirect taxation maybe attained by duties on imports; duties on exports are properlyprohibited. And to secure to all the states freedom and equality intrade, it is expressly provided in the same clause, that "no preferenceshall be given, by any regulation of commerce or revenue, to the portsof one state over those of another; nor shall vessels bound to or fromone state be obliged to enter, clear, or pay duties in another. "

§10. The next clause provides that "no money shall be drawn from thetreasury, but in consequence of appropriations made by law. " This placesthe public money beyond the reach or control of the executive or anyother officer, and secures it in the hands of the representatives of thepeople. In pursuance of this provision, congress, at every session, passes laws specifying the objects for which money is to beappropriated. The latter part of the clause requires, that "a regularstatement and account of the receipts and expenditures of all publicmoney shall be published from time to time. " And it is by law made theduty of the secretary of the treasury to make to congress annually suchstatement, which is published by order of congress; so that the peoplemay know for what purposes the public money is expended. 

§11. It is next declared, that "no title of nobility shall be granted bythe United States. " Although the bare titles of lord, duke, &c. , whichare conferred upon citizens in monarchical governments, could not add tothe political power of any person under our constitution; yet, as it isdesirable that there should be equality of rank as well as of politicalrights, it is proper that congress should be prohibited from creatingtitles of nobility. And to guard public officers against being corruptedby foreign influence, they are forbidden to "accept of any present, emolument, office, or title of any kind whatever, from any king, prince, or foreign state. "

Chapter XXXVIII. 

Prohibitions on the States. 

§1. The next section contains restrictions on the powers of the states. "No state shall enter into any treaty, alliance, or confederation. " [Forthe definition of _treaty_ and the manner in which a treaty is made, seeChapter XL: §3-5. ] An _alliance_ is a union between two or more nations, by a treaty, or contract, for their mutual benefit. _Confederation_ and_alliance_, have nearly the same meaning. If the states, separately, were allowed to make treaties or form alliances with foreign powers, therights and interests of one state might be injured by the treaties madeby another state. As the states united constitute but one nation, it isobvious that the power to treat with other nations properly belongs tothe general government. If the states also had the power, they mightcounteract the policy of the national government. 

§2. Nor may a state "grant letters of marque and reprisal. " If, as hasbeen shown, this power is properly given to congress, it could not besafely intrusted to the states. (Chap. XXXVI, §5. )

§3. The power to "coin money" is also prohibited to the states. It wasgiven to the general government to secure a uniform currency. (Chap. XXXIV, §7. ) But this object would not be likely to be attained, if thepower to coin money were exercised by the states. 

§4. A state may not "emit bills of credit. " _Bills of credit_, to a vastamount, were issued by the states during the war, and for some timethereafter. They were in the nature of promissory notes, issued by theauthority of the state, and on the credit of the state, and put incirculation by the continental congress and the states as money. Thispaper money, having no funds set apart to redeem it, became almostworthless. Bank bills issued upon the credit of private individuals, donot come under the prohibition. It is also held that the prohibitiondoes not apply to the notes or bills of a _state_ bank, drawn on thecredit of a particular fund set apart for that purpose. 

§5. No state shall "make any thing but gold and silver coin a tender inpayment of debts. " _Tender_ signifies an offer, or to offer. In law, itis an offer of something in payment of a debt, or the thing itself whichis offered in payment. Some of the states had declared theirirredeemable paper money a lawful tender. But paper money and propertyof all kinds are continually liable to fluctuation in value, and mightsubject those who should be compelled to receive it to greatinconvenience and loss. But although no person is obliged to take inpayment any thing but coin, bank bills are by common consent taken inthe course of business and in payment of debts, because they may beconverted into specie by presenting them at the bank by which they areissued. 

§6. Nor may a state "pass any bill of attainder, ex post facto law, orlaw impairing the obligation of contracts. " Bills of attainder and expost laws have been defined and considered. (Chap. XXXVII, §5. ) If theselaws are in their nature wrong, the states as well as congress should beprohibited from passing them. Not less unjust are laws impairing theobligation of contracts. Laws that should weaken the force of contracts, or that would release men from their obligations, would be contrary tothe principles of justice, and destroy all security to the rights ofproperty. 

§7. As bankrupt laws release debtors from the payment of their debts, and consequently impair the obligation of contracts, the question hasarisen whether the states have power to pass insolvent or bankrupt laws. From decisions of the supreme court of the United States, which is thehighest judicial authority, it appears, that a state may not pass abankrupt law discharging a debtor from the obligation of a contract madebefore such law was passed. But it was not to be considered a lawimpairing the obligation of a contract, if it existed before thecontract was made; because the parties, who are presumed to know thatsuch law exists, may guard themselves against loss. 

§8. The last thing prohibited in this clause, is, "to grant any title ofnobility. " This is forbidden to the states for the same reason as it isprohibited to congress. (Chap. XXXVII, §11. )

§9. The first prohibition to the states in the next clause is to "layany imposts or duties on imports or exports, except what may beabsolutely necessary for executing their inspection laws. " Theobjections to the power of the states to lay duties have beenconsidered. They are founded upon the same reasons as have been givenfor intrusting congress with this power; one of which is to secureuniformity throughout the United States. (Chap. XXXII, §6. ) And ascongress is properly prohibited from laying duties on exports, (Chap. XXXVI, §8, 9, ) there can be no good reason for allowing it to be doneby the states. 

§10. The exception allowing a state to lay duties necessary to executeits inspection laws was deemed proper. Laws are passed by the states forthe inspection or examination of flour and meat in barrels, leather, andsundry other commodities in commercial cities, to ascertain theirquality and quantity, and to be marked accordingly. By this means thestates are enabled to improve the quality of articles produced by thelabor of the country, and the articles are better fitted for sale, asthe purchaser is thereby guarded against deception. A small tax is laidupon the goods inspected, to pay for their inspection. But, lest thestates should carry this power so far as to injure other states, these"laws are to be subject to the revision and control of congress. "

§11. The last restrictions upon the power of the states contained inthis section, are: "No state shall, without the consent of congress, layany duty of tunnage; keep troops or ships of war in time of peace; enterinto any agreement or compact with any other state, or with a foreignpower; or engage in war, unless actually invaded, or in such imminentdanger as will not admit of delay. " Some of the prohibitions hereenumerated have been noticed in this and preceding chapters; and thereasons of the others are so obvious as to render any remarks upon themunnecessary. 

Chapter XXXIX. 

Executive Department. President and Vice-President; their Election, Qualifications, &c. 

§1. The second article of the constitution relates to the executivedepartment. Of the necessity of a separate and distinct power to executethe laws, we have already spoken. (Chap. VIII, §7. ) Under theconfederation, as will be recollected, there was no national executive. This defect has been supplied by the constitution. "The executive powershall be vested in a president of the United States of America. He shallhold his office during the term of four years, and, together with thevice-president, chosen for the same term, be elected as follows. " (Art. 2, §1. )

§2. In regard to the organization and powers of the executivedepartment, there was a great diversity of opinion. Ought the chiefexecutive power to be vested in one person, or a number of persons? Lawsshould be executed with promptness and energy. This is more likely to bedone by one man than by a number. If several were associated in theexercise of this power, disagreement and discord would be likely tohappen, and to cause frequent and injurious delays. Unity being deemedfavorable to energetic and prompt action, the chief executive power ofthe nation was given to a single person. 

§3. Secondly, as to the duration of the office. Much of what has beensaid in relation to the term of office of senators, will apply to thatof president. (Chap. XXX, §4-6. ) His term of office should not be soshort as to induce him to act more with a view to his re-election thanto the public good; yet it should be short enough to make him feel hisresponsibility. And it should be long enough to insure a due degree ofindependence, and to enable him to carry out his system of publicpolicy. The term of four years was accordingly adopted. 

§4. Thirdly, the mode of election. Among the various modes proposed, theone adopted was that of electing the president by electors chosen in theseveral states for that purpose; the number of the electors chosen ineach state to be equal to the number of its senators and representativesin congress. A material alteration in the mode of election has been madesince the adoption of the constitution, as will be seen by examining thetwo modes. (Art. 2, §1; and Art. 12 of Amendments. ) This amendment doesnot change the manner of choosing the electors, but the manner ofchoosing the president by the electors. 

§5. The constitution does not prescribe the manner in which theelectors shall be appointed or chosen; it only declares that each stateshall appoint them "in such manner as the legislature thereof shalldirect. " No uniform mode was adopted by the different states. In somestates the electors were appointed by the legislature; in others, by thepeople. At present the latter mode prevails in all the states exceptSouth Carolina, where presidential electors are still chosen by thelegislature. 

§6. The electors are, by the laws of the several states, chosen by_general ticket_. The names of two men, corresponding to the number ofsenators to which a state is entitled in congress, together with thenames of as many others as there are representatives of the state in thelower house of congress, one to reside in each congressional district, are all placed on the same ballot; so that every voter votes for thewhole number of presidential electors to be chosen in the state. And, bya law of congress, the electors are required to be chosen in all thestates on the same day, which is the Tuesday next after the first Mondayof November. 

§7. The electors so chosen are required by a law of congress, to meet intheir respective states on the first Wednesday of December, and vote forpresident and vice-president; and to make and sign three certificates ofall the votes given by them, and seal up the same. One of these is to besent by a person duly appointed by them, to the president of the senateat the seat of government, before the first of January next ensuing;another is to be forwarded by mail, also directed to the president ofthe senate; and the third is to be delivered to the United States judgeof the district in which the electors are assembled. 

§8. On the second Wednesday of February, the president of the senate, inpresence of all the senators and representatives, opens the certificatesfrom all the states, and the votes are counted. The person having amajority of all the electoral votes for president is elected. If noperson has a majority of all the electoral votes, the house ofrepresentatives must choose the president from those candidates, notexceeding three, who had the highest numbers of the electoral votes. Butin so doing, the members do not all vote together; but those of eachstate vote by themselves; and the candidate who receives the votes of amajority of the representatives of a state, has but one presidentialvote for such majority; and the person who receives the votes of amajority of the states, is elected. Thus in the election of president bythe house of representatives, voting is done _by states_, as was done inpassing laws by the old congress. (Chap. XXVIII, §5. )

§9. There have been two elections by the house of representatives. Thesecond was 1825. The votes of the electoral colleges (assemblies) had inDecember, 1824, been divided upon four candidates. Andrew Jackson hadreceived 99 electoral votes; John Quincy Adams, 84; William H. Crawford, 41; and Henry Clay, 37. Neither having received a majority of all theelectoral votes, the election devolved upon the house ofrepresentatives. Of the three candidates who had received the highestnumbers of the electoral votes, Mr. Adams received in the house ofrepresentatives the votes of thirteen states; Gen. Jackson, the votes ofseven states; and Mr. Crawford, the votes of four states. Mr. Adamshaving received the votes of a majority of all the states, he waselected. 

§10. By the 12th article of amendments, if there is no election ofvice-president by a majority of the electors, then, from the two highestnumbers on the list, the senate shall choose the vice-president. Two-thirds of the whole number of senators shall constitute a quorum forsuch election; and a majority of the whole number shall be necessary toa choice. 

§11. To be eligible to the office of president or vice-president, aperson must be a natural born citizen of the United States, thirty-fiveyears of age, and must have been fourteen years a resident within theUnited States. The reasons for requiring long terms of citizenship andresidence, and mature age and experience, in the case of senators, applywith equal force in the case of president. 

§12. In case of a vacancy in the office of president, the vice-presidentbecomes the president. The power of making further provision forsupplying vacancies is, by the constitution, given to congress. (Art. 2, §1. ) Congress has accordingly enacted, that, when there is neitherpresident nor vice-president, the president _pro tempore_ shall act aspresident; and if there should be none, the speaker of the house ofrepresentatives would assume the duties of the office. 

§13. The same section declares that the salary of the president shallneither be increased nor diminished during the time for which he shallhave been elected. It would be improper to allow congress to reduce hissalary at pleasure. This would make the executive dependent upon thelegislature for his support. On the other hand, if his compensationcould be increased during his official term, he might be tempted to useundue influence to procure a needless increase of his salary. 

§14. The presidential term commences the 4th of March next after theelection, and ends the 3d day of March four years thereafter. Eachsuccessive congress also commences and ends its term every two years, onthe same days of that month; and it is called a new congress, althoughonly one-third of the senators go out of office when a congress is saidto expire, and are succeeded by new ones when the next congress is saidto commence its official term. 

Chapter XL. 

Powers and Duties of the President; Treaties; Public Ministers;Appointments and Removals. 

§1. The powers and duties of the president are next given. "Thepresident shall be commander-in-chief of the army and navy of the UnitedStates, and of the militia of the several states when called into theactual service of the United States. " (Art. 2, §2. ) Some of the reasonsfor giving to the executive the command of the public forces, have beengiven. (Chap. XXV, §2, 5. ) It has also been observed, that a prompt andeffectual execution of the laws is best secured by intrusting this powerto a single individual. (Chap. XXXVIII, §2. ) The constitution, (Art. I, §8, clauses 12-16, ) give congress power over the army, navy, andmilitia, and "to provide for calling forth the militia to execute thelaws of the union, suppress insurrections, and repel invasions. " As thispower is to be exercised upon sudden emergencies, congress has by lawauthorized the president to call out the militia for these purposes. Andas the direction of the public forces is a power of an executive nature, it is intrusted to the executive. 

§2. The president has also "power to grant reprieves and pardons foroffenses against the United States, except in cases of impeachment. " Thesame power is exercised by the governors of the several states. (Chap. XII, §4. ) Through partial or false testimony, or the mistakes of judgesor juries, an innocent person may be convicted of crime; or facts maysubsequently come to light showing the offense to be one of lessaggravation than appeared on the trial. There should therefore besomewhere a power to remit the punishment, or to mitigate the sentence, or postpone its execution, as the case may seem to require; and by noother person or persons, it is presumed, would this power be morejudiciously exercised than by the executive. 

§3. The president has "power, by and with the advice and consent of thesenate, to make treaties, to appoint embassadors, other public ministersand consuls, judges of the supreme court, " and other officers, "providedtwo-thirds of the senators concur. " A _treaty_ is an agreement orcontract between two or more nations, for regulating trade, or forrestoring or preserving peace. This power ought therefore to be in thenational government. In monarchical governments it belongs to the king. To confide so important a trust to the president alone, would beimprudent. To associate the house of representatives with the presidentand senate, as in making laws, would render it impossible to act withthe decision, secrecy, and dispatch, which are sometimes necessary inmaking treaties. 

§4. As the treaty-making power appears to be in its nature neitherwholly executive nor wholly legislative, but to partake of the nature ofboth, a _part_ of the legislature is properly associated with thepresident. As the senate, being less numerous than the house, is capableof acting more promptly as well as more easily convened and at lessexpense, that body is more properly united with the executive in theexercise of this power. And it is equally proper that the power toappoint embassadors and others by whom treaties are negotiated, shouldbe placed in the same hands. 

§5. Treaties are negotiated; that is, the provisions or terms arearranged and agreed upon, by the agents of the two governments; and acopy of the articles of agreement is sent to each government to beapproved and confirmed, or, as it is usually expressed, to be_ratified_. Both governments must ratify, or the treaty fails. Treatiesare ratified, on the part of our government, by the president andsenate. This is what is meant by their making treaties. The persons bywhom treaties are negotiated are sometimes appointed by theirgovernments for that special purpose; but the business is perhaps morefrequently done by the permanent representatives or ministers of therespective governments. 

§6. Each of the principal civilized nations has some officer at homewho acts as agent in negotiating treaties and transacting business withforeign governments, and has also a representative at the seat of eachforeign government for this purpose, and for keeping his government, apprised of what is done abroad. Our government has a minister in GreatBritain, one in Russia, one in France, one in Spain, and one in each ofthe other principal commercial nations; and each of these nations has aminister residing at the city of Washington, the seat of government ofthe United States. The officer of our government who corresponds withforeign ministers here, and with our ministers abroad, is the secretaryof state. The negotiation of treaties at home with the ministers offoreign governments residing here, is done by him. 

§7. Representatives at foreign courts have different names or titles:embassadors, envoys, ministers, and chargès des affaires. An embassadorwho is intrusted with the ordinary business of a minister at a foreigncourt, is called an _embassador in ordinary_. An _embassadorextraordinary_ is a person sent on a particular occasion, who returns assoon as the business on which he was sent is done. He is sometimescalled _envoy_; and when he has power to act as he may deem expedient, he is called _envoy plenipotentiary_; the latter word signifying fullpower. An ordinary embassador or minister resides abroad, and acts inobedience to instructions sent him from time to time. 

§8. Agents or representatives sent by our government to reside atforeign courts, are called _ministers_. Formerly those sent to the lessimportant countries, were called _chargès des affaires_, who areministers of a lower grade. The name, usually written chargèsd'affaires, is French, and is pronounced _shar-zha-daf-fair_, accentedon the first and last syllables. It means a person having charge of theaffairs of his nation. It is not at present applied to any of ourrepresentatives abroad, all being called by the common name of minister. 

§9. _Consuls_ are agents of inferior grade. They reside in foreignseaports. Their business is to aid their respective governments in theircommercial transactions with the countries in which they reside, and toprotect the rights, commerce, merchants, and seamen of their own nation. Hence much of their business is with masters of vessels, and withmerchants. They also dispose of the personal estate of citizens of theirown nation who die within their consulates, leaving no representative orpartner in trade to take care of their effects. 

§10. The appointment of judges of the supreme court by the president andsenate, seems to be proper. Their election by the people, most of whomcould have little or no knowledge of the persons who should be chosen, would be injudicious. Besides, the mass of the voters are not socompetent to judge of the qualifications necessary for so important ajudicial office, as those to whom the constitution has given the powerof appointment. 

§11. The power of appointing the head officers of the several executivedepartments, is with equal propriety given to the president and senate. As the president is in a measure responsible for the acts of hissubordinates who conduct the business of these departments, and as, without their coöperation, he could scarcely carry out his own measures, it is proper that he should have the right of selecting them; and bybeing required to submit his choice to the body of senators for theirapproval, a sufficient safeguard is provided against the appointment ofunworthy or incompetent men. 

§12. "The president shall have power to fill up all vacancies that mayhappen during the recess of the senate, by granting commissions whichshall expire at the end of the next session. " (Art. 2, sec. 2, clause3. ) Without such a power somewhere, the public interests would oftensuffer serious injury before the senate should again be in session toact upon a nomination by the president. As it is his duty to see thatthe business of the executive offices is faithfully done, he seems tobe the proper person to make such temporary appointment. 

§13. The powers and duties of the president enumerated in the nextsection of the constitution, are all necessary to insure a successfuladministration of the government; and they are so clearly of anexecutive nature, that they could not with any degree of propriety havebeen devolved upon any other officer or department of the government. 

§14. The last section of this article of the constitution enumerates thepersons liable to be removed from office by impeachment, and theoffenses for which they are thus removable. As in the state governments, so in the general government, impeachments are made by the house ofrepresentatives, and tried by the senate. (Chap. XX, §6-8; Cons. U. S. , art. I, §2, 3. )

Chapter XLI. 

Auxiliary Executive Departments. Departments of State, of the Treasury, of the Interior, of War, of the Navy, of the Post-Office;Attorney-General. 

§1. The great amount and variety of the executive business of thenation, requires the division of this department into severalsubordinate departments, and the distribution among them of thedifferent kinds of public business. At the head of each of thesedepartments is a chief officer. These chief officers, sometimes called_heads of departments_, with the attorney general, being privateadvisors or counselors of the president, are called the _cabinet_. Theyare appointed by the president and senate. 

§2. By the first congress under the constitution, were established thestate, treasury, and war departments, whose head officers, calledsecretaries, and the attorney-general, constituted the first cabinet. In 1798, the navy department was established. During president Jackson'sterm of office, the postmaster-general was made a cabinet officer. Andthe establishment, in 1849, of the department of the interior, added tothe cabinet the seventh member. 

§3. The _secretary of state_ performs such duties as are committed tohim by the president relating to foreign intercourse. Some of theseduties have been mentioned. (Chap. XXXIX, §6. ) He conducts all ourdiplomatic correspondence, being the official organ of communicationwith the ministers of foreign governments sent to this country, and withour ministers abroad. _Diplomacy_ signifies the rules and customs whichgovern the intercourse of nations through their ministers or agents;also the management of the business of a nation by its minister at aforeign court. And such minister, especially if he manages with abilityand skill, is called a _diplomatist_. 

§4. The secretary of state keeps the seal of the United States; and hemakes out, records, and seals all civil commissions to officersappointed by the president and senate, or by the president. His dutiesin relation to the publishing and distributing the laws, and certainother matters, are similar to the duties of a secretary of state of astate government. 

§5. The _secretary of the treasury_ has charge of the finances of thenation. He superintends the collection of the revenue, and performscertain other duties of the nature of the controller or auditor of astate. (Chap. XIII, §3. ) He lays before congress annually a report ofthe finances, containing a statement of the public revenue andexpenditure during the past year, the value of the imports and exports, and estimates of the revenue and expenditures for succeeding years, andplans for improving the revenues. He also makes annually a statement ofappropriations of money, and of sums remaining, in the treasury. 

§6. The vast amount of business in this department requires a greatnumber of assistants; among whom are several controllers and auditors ofaccounts; a treasurer, a register, who keeps the accounts of goodsimported and exported, and of the shipping employed in our foreigntrade; a solicitor; a recorder; and numerous clerks. 

§7. The _secretary of the interior_ superintends the business relatingto the public lands, public buildings, the lead mines and other mines ofthe United States, Indian affairs, patents, and pensions. A _pension_ isa yearly allowance to a person by the government for past services. Inthis country pensions are granted for services in war. They were atfirst allowed only to such as had been disabled in the war of therevolution and in the war of 1812; and subsequently to all who hadserved at least six months in the revolutionary war, and to their widowsduring their lives. Those disabled in the late war with Mexico have alsobeen added to the pension list. And by recent acts of congress, bountiesof lands were to be allowed to all the surviving soldiers of the war of1812, who had served one month therein. 

§8. The _secretary of war_ performs duties relating to militarycommissions, or to the land forces and warlike stores of the UnitedStates. The standing army of the nation consists at present of about15, 000 men, who are distributed among the several military stations, armed and ready for service. He reports annually a statement of theexpenditure and application of moneys drawn from the treasury for hisdepartment, and makes such suggestions relative to its condition as hethinks proper. He is assisted by subordinate officers and clerks. 

§9. The _secretary of the navy_ executes the orders of the president forprocuring naval stores and materials, and for equipping and employingvessels of war, and performs such other duties pertaining to the navalestablishment as are required of him. Three officers are appointed bythe president and senate, who constitute a board of _commissioners forthe navy_, and discharge the ministerial duties of the office of thesecretary, and furnish estimates of the expenditures of the department. 

§10. The _postmaster-general_ establishes post-offices, appointspostmasters and other persons employed in the general post-office, andprovides for carrying the mails. He is assisted by three assistantpost-masters-general, an auditor of the post-office treasury, to auditand settle the accounts of the department, and to superintend thecollection of the debts due the department. The business of thisdepartment requires a large number of clerks. He reports annually allcontracts made for the transportation of the mail, and a statement ofthe receipts and expenditures of the department. 

§11. Postmasters keep an account of all letters sent from and receivedat their respective offices, stating the names of the offices from whichletters are received, and of those to which letters are sent, andwhether they are post paid or sent free. Postmasters, at stated periods, (in most places quarterly, ) advertise all letters remaining in theiroffices; and they send quarterly to the general post-office accounts ofletters sent and received, and of moneys received for postage, and ofthose paid out on orders of the department. Letters also which have lainin their offices during the time for which they were required to beadvertised, are sent as _dead_ letters to the general post-office, wherethey are opened; and such as contain money or other valuable matter arereturned by mail to the writers. 

§12. Postmasters are allowed for their services a commission on theamount of postage received by them quarterly. Those at whose offices thesums received are small, are allowed a greater per centage than thosewhere the receipts are large. Thus, the commission at present (1859) is, on the first $100 received, sixty per cent. ; on the next $300, fifty percent. ; on the next $2, 000, forty per cent. ; on all over 2, 400, fifteenper cent. Stamped letters are considered as paid in cash. On newspaperpostages, fifty per cent, on all sums, large or small. If a postmaster'scommission exceeds $2, 000 a year, besides the expenses of the office, the excess is paid to the general post office. Postmasters may alsoreceive for pigeon-holes or boxes, not exceeding $2, 000, the excess, ifany, to be paid to the general post-office. Postmasters whosecompensation amounts to $1, 000 or more in a year, are appointed by thepresident and senate. 

§13. Postmasters whose commission on postages has been less than $200during the preceding year, may receive and send, free of postage, letters on their own private business, weighing not more than half anounce. And members of congress, during their term of office, and untilthe first of December after its expiration, may send and receive lettersand packages weighing not more than two ounces, and all public documentsfree. A person to be entitled to send matter free, must write on theoutside his name and the title of his office. This is called _franking_. Civil officers at the seat of government also may frank matter relatingto the business of their offices, by marking it outside, "officialbusiness. "

§14. The _attorney-general_ attends to all suits in the supreme court ofthe United States in which the United States is a party or is concerned, and gives his opinions on questions of law when requested by thepresident or heads of departments. 

Chapter XLII. 

Judicial Department. 

§1. We come now to the third article of the constitution. The first twosections provide for the organization, and prescribe the powers, of thecourts of the United States. The want of a national judiciary was amaterial defect of the confederation. Dependence upon the state courtsto enforce the laws of the union, subjected the government to greatinconvenience and embarrassment. A government that has a legislatureand an executive, should also have a judiciary to judge of and interpretthe laws. The constitution declares that "the judicial power of theUnited States shall be vested in one supreme court, and in such inferiorcourts as the congress may ordain and establish. " Under the authorityhere given, congress passed the judiciary act of 1789, by which theseveral courts of the United States were established. 

§2. The same section declares, "The judges of both the supreme andinferior courts shall hold their offices during good behavior. " In noother department of the general government are offices held for so longa term, which is virtually for life, unless removed on impeachment, orfor inability. To insure a correct and impartial administration ofjustice, the judges should be independent. If they could be displaced atthe pleasure of the appointing power, or by frequent elections, theymight be tempted to conform their opinions and decisions to the wishesof those on whom they were dependent for continuance in office. Theobject of the framers was to remove them as far as possible from partyinfluence. 

§3. It is further provided, with a view to the independence of thejudges, that their "compensation shall not be diminished during theircontinuance in office. " Salaries are fixed by congress. To give congresspower over the purse of an officer, is to give it power over his will. Dependence upon the legislature would be as great an evil as dependenceupon the appointing power. Besides, men generally selected for highjudicial offices are eminent lawyers, pursuing a lucrative professionalbusiness; and, without a liberal salary, men of the greatest abilitywould not accept these offices; or if in office, an essential reductionof their compensation might induce them to resign their offices. 

§4. The next section enumerates the cases to be tried in these courts. It is evident from their nature that state courts are not the propertribunals to try them. Also all violations of the laws of the UnitedStates are tried in the national courts. Thus, the counterfeiting ofUnited States coin, murder and other crimes committed on the sea, beyondthe jurisdiction of a state, smuggling goods, that is, secretlyimporting dutiable goods without paying the duties, infringements ofpatent rights, &c. , are prosecuted in courts of the United States. 

§5. The third clause of this section declares, that "the trial of allcrimes, except in cases of impeachment, shall be by jury; and such trialshall be held in the same state where the said crimes shall have beencommitted. " This is intended to secure the trial of the accused amonghis friends and acquaintances, and near the residence of his witnesses, whose attendance in a distant state could not be had without greatinconvenience and expense, which might deprive him of the benefit of animportant witness. 

§6. There are three kinds of national courts: the supreme court, circuitcourts, and district courts. Every state constitutes at least onedistrict. The larger states are divided into two or more districts. Ineach district is a _district judge_, who holds a court four times ayear. There are also in each district, a _district attorney_, to conductsuits on the part of the United States, and a _marshal_, whose businessis similar to that of a sheriff. This court tries the more common civilcases, arising under the laws of the United States, and the lower crimesagainst the laws of the United States, committed on land and sea. Thiscourt has in some cases a jury. 

§7. There are nine _circuits_, each embracing several states. In eachcircuit is a justice or a judge, who holds a court in his circuit twicea year. The district judge of the district in which a circuit court isheld, sits with the circuit judge in holding a circuit court. This courttries causes between citizens of different states, between aliens andcitizens, and those in which the United States are a party. It alsotries some cases in appeal from the district courts. It tries mattersrelating to affairs on the high seas, and all felonies punishable withdeath. It has a grand and a petit jury. 

§8. The _supreme court_ is composed of the nine judges of the circuitcourts, one of whom is chief-justice, the others are called associatejustices. It holds one session annually at the seat of government, commencing in January or February, and continuing about two months. Itwill be seen from this section of the constitution, that this court has_original_ jurisdiction in but few cases. Its principal business is torejudge cases brought up from the circuit courts. 

§9. An important object of a supreme court of the United States, is tosecure a correct and uniform interpretation of the constitution and lawsof the United States. State laws and decisions of state courts, aresometimes made which are supposed to be repugnant to the constitutionand laws of the United States. What may be pronounced constitutional inone state, may be declared unconstitutional in another. Therefore it isprovided that when an act or judgment in a case tried in the highest orlast court in a state is deemed inconsistent with the constitution orlaws of the United States, such case may be removed to the supreme courtof the United States, whose decision governs the judgment of allinferior courts throughout the union. 

Chapter XLIII. 

Treason, defined; its Punishment. 

§1. The constitution defines treason, as follows: "Treason against theUnited States shall consist only in levying war against them, or inadhering to their enemies, giving them aid and comfort. " Art. 3, sec. 3. A proneness to construe less aggravated crimes into acts of treason, made it proper that the constitution should define the crime. The term_levying war_ has the sense here which it was understood to have in theEnglish statute, from which it was adopted. An assemblage of men for atreasonable purpose, such as war against the government, or a revolutionof any of its territories, and in a condition to make such war, constitutes a levying of war. 

§2. War can be levied only by the employment of force; troops must beembodied; men must be openly raised; but there may be treason withoutarms, or without the application of force to the object. When war islevied, all who perform a part, however remote from the scene of action, being leagued in the conspiracy, commit treason. But a mere conspiracyto levy war is not treason. A secret, unarmed meeting of conspirators, not in force, nor in warlike form, though met for a treasonable purpose, is not treason; but these offenses are high misdemeanors. 

§3. The constitution also prescribes the proof necessary for theconviction of treason. "No person shall be convicted of treason, unlesson the testimony of two witnesses to the same overt act, or onconfession in open court. " No evidence less than this should beconsidered sufficient to convict a person of a crime for which he is tosuffer death. 

§4. "Congress shall have power to declare the punishment of treason. "Art. 3, sec. 3. By the common law, the punishment of treason was of asavage and disgraceful nature. The offender was drawn to the gallows ona hurdle; hanged by the neck and cut down alive; his entrails taken outand burned while he was yet alive; his head cut off; and his bodyquartered. Congress, in pursuance of the power here granted, has veryproperly abolished this barbarous practice, and confined the punishmentto simple death by hanging. 

§5. But the same clause provides, that "no attainder of treason shallwork corruption of blood, or forfeiture, except during the life of theperson attainted. " _Attainder_ literally signifies a staining, orrendering impure; but it here means a conviction and judgment in courtagainst the offender. By the common law, the sentence of death fortreason was made to affect the _blood_ of the traitor; so that he couldneither inherit property nor transmit it to heirs; but his estate wasforfeited. This practice, so unjust to the innocent relatives of anoffender, is properly abolished by the constitution; and congress hasdeclared that "no conviction or judgment shall work corruption of blood, or any forfeiture of estate. " So that while this law continues, there isno forfeiture, even during the life of the person attainted. 

Chapter XLIV. 

State Records; Privilege of Citizens; Fugitives; Admission of NewStates; Power over Territory; Guaranty of Republican Government. 

§1. "Full faith and credit shall be given in each state to the publicacts, records, and judicial proceedings of every other state. And thecongress may, by general laws, prescribe the manner in which such acts, records, and proceedings shall be proved and the effect thereof. " Art. 4, sec. 1. Without this provision, a person against whom a judgment hasbeen obtained, might remove with his property into another state, wherethe property could not be taken on execution without a new trial andjudgment; which, at so great a distance from the residence of thecreditor and his witnesses, would be very difficult and expensive, andperhaps impossible. Now, the proceedings of the court in which ajudgment is obtained, if sent to the place where the debtor resides, have the same effect as in the state in which such proceedings weretaken. 

§2. There are several other cases which this provision is intended tomeet. But, as is seen, the effect of these acts, records, and judicialproceedings, and the manner of proving them are to be prescribed bycongress. In pursuance of the power here granted, congress has enacted, that a certificate under seal of the clerk of a court of record, transmitted to any state of the union, shall there be deemed evidenceof the facts therein stated. But if the thing certified is a judicialproceeding, such sealed certificate must be accompanied by thecertificate of the presiding judge or justice, that the attestation ofthe clerk is in due form. Acts of a state legislature, to be entitled tocredit in another state, must have the seal of the state affixed tothem. 

§3. The next section of this article provides, that "the citizens ofeach state shall be entitled to all the immunities and privileges ofcitizens in the several states. " This means that the citizens of anystate going into other states, shall not, by the laws of those states, be deprived of any of the privileges of citizens; but shall be entitledto the privileges which are enjoyed by persons of the same descriptionin the states to which they remove. Without such a provision, any statemight deny to citizens coming into it from other states, the right tobuy and hold real estate, or to become voters, or to enjoy equalprivileges in trade or business. A state may, however, prescribe acertain term of residence therein as a qualification for voting atelections. 

§4. The next clause of this section provides for apprehending "a personcharged with crime, who shall flee from justice and be found in anotherstate. " The governor of the state from which such person has fled, sendsa requisition to the governor of the state in which he is found, demanding his delivery to the proper officers, to be conveyed back fortrial. Without such authority to apprehend criminals, they might escapejustice by taking shelter in another state. 

§5. In the same section it is provided, that "no person held to serviceor labor in one state, under the laws thereof, escaping into another, shall, in consequence of any law or regulation therein, be dischargedfrom such service or labor, but shall be delivered up on claim of theparty to whom such service or labor may be due. " This clause wasintended for the benefit of the slaveholding states. By the common law, a slave escaping into a non-slaveholding state became free. As it waspresumed that other northern states would follow Massachusetts inabolishing slavery, the southern states wanted some provision to enablethem to reclaim their fugitive slaves. 

§6. The manner in which slaves are to be reclaimed, is prescribed by anact of congress. The owner of a runaway slave, finding him in a freestate, arrests him and brings him before a magistrate; and if he proveshis title to the slave to the satisfaction of the magistrate, the slaveis delivered to the owner or claimant. Free colored persons havesometimes been arrested, and, on false testimony, delivered toclaimants, taken to slave states and held as slaves. Hence the opinionprevails extensively that a person claimed as a slave should be entitledto trial by a jury; and that the fact of his being a slave should beproved to the satisfaction of a jury before his delivery to a claimant. Many persons, believing freedom to be the natural right of all men, holdthat all laws for returning fugitive slaves are wrong, and ought not tobe obeyed. 

§7. The first clause of the next section provides, that "new states maybe admitted into this union, " and requires the consent of congress andof the states concerned, to the formation of new states from old ones. Aprovision of this kind was deemed necessary in view of the large extentof vacant lands within the United States, and of the inconvenient sizeof some of the states then existing. The territory north-west of theOhio river had been ceded to the general government by the statesclaiming the same; and a territorial government had already beenestablished therein by the celebrated ordinance of 1787. From thisterritory have since been formed and admitted, the states of Ohio, Indiana, Illinois, Michigan and Wisconsin. 

§8. South of the Ohio river also was a large tract, principallyunsettled, within the chartered limits of Virginia, North Carolina andGeorgia, extending west to the Mississippi river, from which, it waspresumed, new states would be formed. Justice, however, to these states, as well as to others in all future time, required the general provisionabove mentioned, that "no state should be divided without the consent ofits legislature and of congress. "

§9. The next clause authorizes congress "to dispose of and make allneedful rules and regulations respecting the territory and otherproperty of the United States. " If the general government has power toacquire territory, it must have the right to exercise authority over it. This express grant establishes beyond doubt a power which had beenquestioned under the confederation. In pursuance of the power heregranted, congress has made rules and regulations for governing thepeople of different portions of such territory previously to theiradmission as states into the union. 

§10. The next section declares, that "the United States shall guarantyto every state in this union a republican form of government; and shallprotect each of them against invasion, and on the application of thelegislature, or of the executive (when the legislature cannot beconvened, ) against domestic violence. " Art. 4, sec. 4. The propriety ofa power to prevent a state from changing its government to any otherthan a republican form, is evident. It is equally proper that a state, when invaded by a foreign enemy, or in case of an insurrection withinits own borders, should have protection and aid from the generalgovernment; especially as the states have surrendered to it the right tokeep troops or ships of war in time of peace. (Art. 1, sec. 10. )

Chapter XLV. 

Provision for Amendments; Assumption of Public Debts; Supremacy of theConstitution, &c. ; Oaths and Tests; Ratification of the Constitution. 

§1. The 5th article provides for amending the constitution. Itprescribes two different modes for proposing amendments, and two modesof ratifying them. Amendments may be proposed by two-thirds of bothhouses of congress; or, on the application or request of two-thirds ofthe states, congress shall call a convention for proposing amendments. Proposed in either of these modes, amendments, to become valid as partsof the constitution, must be ratified by the legislatures ofthree-fourths of the states, or by conventions in three-fourths of them;the mode of ratification, whether by the legislatures or by conventions, to be proposed by congress. 

§2. As the best human government is imperfect, and as all the futurewants and necessities of a people can not be foreseen and provided for, it is obvious that every constitution should contain some provision forits amendment. But if amendments could be made whenever desired by abare majority of the states, the strength and efficiency of theconstitution might be greatly impaired by frequent alterations. It istherefore wisely provided, that a mere proposition to amend cannot bemade but by a majority of at least two-thirds of congress, or of thelegislatures of at least of two-thirds of the states; and that suchproposition must be ratified by a still larger majority (three-fourths)of the states. It was thought better to submit occasionally to sometemporary inconvenience, than to indulge in frequent amendments of theconstitution. 

§3. The 6th article acknowledges the obligation of the generalgovernment to pay "all debts contracted before the adoption of theconstitution. " As has been observed, congress had borrowed money for thepayment of which it was unable to provide; and one object of a changeof government was to make provision for fulfilling the engagements ofthe nation. This clause, it is said, was also intended to allay thefears of public creditors, who apprehended that a change in thegovernment would release the nation from its obligations. 

§4. The next clause declares, "This constitution, and the laws made inpursuance thereof, and all treaties made under the authority of theUnited States, shall be the supreme law of the land, and the judges inevery state shall be bound thereby, any thing in the constitution orlaws of any state to the contrary notwithstanding. " If all stateauthorities were not bound by the constitution and laws of the UnitedStates, nothing would have been gained by the union. If the laws andtreaties made by the general government could be disregarded ornullified by any power in a state, why was power to make them given tothe general government?

§5. The last clause of the 4th article requires certain officers, bothof the United States and of the several states to be "bound by oath oraffirmation to support this constitution. " Binding the conscience ofpublic officers by oath or solemn affirmation, has ever been considerednecessary to secure a faithful performance of their duties. They aregenerally required to swear not only to support the constitution, butalso to discharge the duties of their offices to the best of theirability. 

§6. The same clause declares that "no religious test shall ever berequired as a qualification to any office or public trust under theUnited States. " _Test_ here means an oath or a declaration in favor ofor against certain religious opinions, as a qualification for office. InEngland, all officers, civil and military, were formerly obliged to makea declaration against transubstantiation, and to assent to the doctrinesand conform to the rules of the established church. Desirous of securingto every citizen the full enjoyment of religious liberty, theintroduction of tests was prohibited by the constitution. 

§7. The 7th and last article declares: "The ratification of theconventions of nine states shall be sufficient for the establishment ofthis constitution between the states so ratifying the same. " Theimmediate ratification of the constitution by all the states was hardlyto be expected; a unanimous ratification, therefore, was not required. But a union of less than nine states was deemed inexpedient. The framersconcluded their labors on the 17th of September, 1787; and in July, 1788, the ratification of New Hampshire, the ninth state, was receivedby congress. 

§8. The dates of the ratifications of the several states are as follows:Delaware, December 7, 1787; Pennsylvania, December 12, 1787; New Jersey, December 18, 1787; Georgia, January 2, 1788; Connecticut, January 9, 1788; Massachusetts, February 6, 1788; Maryland, April 28, 1788; SouthCarolina, May 23, 1788; New Hampshire, June 21, 1788; Virginia, June 26, 1788; New York, July 26, 1788; North Carolina, November 21, 1789; RhodeIsland, May 29, 1790. The two last named states did not accede to theconstitution until after proceedings under it had commenced. Theratification of North Carolina was received by congress in January, 1790; that of Rhode Island in June following. 

§9. The first Wednesday of January, 1789, was appointed by congress forchoosing electors of president in the several states, and the firstWednesday of February for the electors to meet in their respectivestates to elect the president. Gen. Washington was unanimously elected, and on the 30th of April was inaugurated president. Proceedings underthe constitution, however, had commenced on the 4th of March preceding. 

Chapter XLVI. 

Amendments to the Constitution. 

§1. It is remarkable that, during a period of seventy years, theconstitution has received so few alterations. Although twelve articlesof amendment, so called, have been adopted, only two, (the 11th and12th, ) have in any manner or degree changed any of its originalprovisions. Most of them, it will be seen, are merely declaratory andrestrictive. As the principles which they declare were so generallyacknowledged, and as the general government was a government of limitedpowers, having such only as were expressly authorized by theconstitution, the framers deemed these declarations and restrictionsunnecessary. But as several of the state conventions had, at the time ofadopting the constitution, expressed a desire that declarations andguaranties of certain rights should be added, in order to preventmisconstruction and abuse, the first congress, at its first session, proposed twelve amendments, ten of which were ratified by the requisitenumber of states. Virginia, the last state necessary to make up suchnumber, ratified December 15, 1791. 

§2. Freedom in matters of religion, freedom of speech and of the press, and the right to petition the government for the redress of grievances, guarantied in the first article, are rights so essential to civilliberty, and so evidently just, that it can hardly be presumed thatcongress would ever have passed laws directly violating these rights, even though such laws had not been prohibited. 

§3. The second article guaranties "the right of people to bear arms. "Without this right, ambitious men might, by the aid of the regular army, overthrow the liberties of the people, and usurp the powers ofgovernment. 

§4. The third article declares, that "no soldier shall, in time ofpeace, be quartered in any house without the consent of the owner, norin time of war, but in a manner to be prescribed by law. " It is aprinciple of the common law, that "a man's house is his own castle. "Among the grievances enumerated in the Declaration of Independence, wasone "for quartering large bodies of armed troops" among the people ofthe colonies. To secure the people against intrusions of this kind, isthe object of this prohibition. 

§5. The fourth article guaranties "the right of the people to be securein their persons, houses, papers, and effects, against unreasonablesearches and seizures. " But there could be no such security, if everyman could, on mere pretense or suspicion of injury, obtain a warrant forarresting his neighbor or searching his premises and seizing hisproperty. Innocent men would often be subjected to much trouble andperplexity; and unjust suspicions would be thrown upon their characters. It is proper, therefore, that a magistrate shall not issue a warrant, unless it shall be made to appear, by the oath of the applicant or ofsome other person that there is probable cause. 

§6. The rights guarantied by the fifth article are common law rights, and founded upon just principles. We have elsewhere stated the object ofgrand juries, and noticed the opinion of some, that this object issufficiently secured by the examination before the magistrate; and, consequently, that grand juries are unnecessary. (See Chap. XIX, §8-10. )But while this article continues to be a part of the constitution, grandjuries in courts of the United States can not be dispensed with. It isquite proper, as is provided in this article, that, after a fair andimpartial trial and an acquittal, a person should not be tried a secondtime. The provisions of the next article (6th) are also necessary tosecure the same object--the rights of liberty and life to every citizen. 

§7. The seventh article of amendment secures, in courts of the UnitedStates, "in suits at common law, where the value in controversy shallexceed twenty dollars, the right of trial by jury. " By suits at commonlaw are meant those tried in the ordinary courts, as distinguished fromthose tried in courts of equity and courts of admiralty. This articlefurther declares, that "no fact tried by a jury shall be otherwisereëxamined in any court of the United States, than according to therules of the common law. " That is, if a fact tried by a jury in a lowercourt, is carried up to a higher court for reëxamination, suchreëxamination or new trial shall also be by jury. 

§8. "Excessive bail shall not be required, nor excessive fines imposed, nor unusual punishments inflicted. " Amend. Art. 8. The object of bailand the manner in which it is given, have been stated. (Chap. XVIII. )Without the above restriction, the sum might be fixed so high as toprevent persons accused of crime from procuring the necessary sureties;whereby innocent persons might be subjected to long imprisonment beforethe time of trial. It is therefore properly left to the court to fix thesum, which should correspond to the aggravation of the offense. Courtshave the same discretion as to the measure of punishment to be inflictedin each particular case of crime. 

§9. The ninth amendment is, "The enumeration in the constitution ofcertain rights, shall not be construed to deny or disparage othersretained by the people. " There were persons who feared that, because theconstitution mentioned certain rights as belonging to the people, thosenot mentioned might be considered as having been surrendered to thegeneral government. This article was therefore inserted to prevent sucha misconstruction of the constitution. 

§10. The tenth amendment is similar to the preceding. "The powers notdelegated to the United States by the constitution, nor prohibited by itto the states are reserved to the states respectively, or to thepeople. " In other words the powers which the constitution has not givento the general government, nor prohibited the states from exercising, the states or the people have reserved to themselves. So clear is it, that they retain all power which they have not in words parted with, that it seems strange to many that the insertion of such a provisionshould ever have been thought necessary. 

§11. The eleventh amendment was proposed at the first session of thethird congress, March 5, 1794, and its ratification by theconstitutional number of states was announced to congress by thepresident in a message dated January 8, 1798. This article prohibits acourt of the United States from trying "any suit in law or equitycommenced or prosecuted against one of the states by citizens of anotherstate, or by citizens or subjects of any foreign state. " This isintended to prevent a state from being sued in an original suit, by aprivate person, the citizen of another state. 

§12. The twelfth and last amendment effects a change in the mode ofelecting the president and vice-president, and has been considered. (Chap. XXXIX, §4. ) This amendment was proposed at the first session ofthe eighth congress, December 12, 1803, and was adopted by the requisitenumber of states in 1804, according to a public notice by the secretaryof state, dated the 25th of September of the same year. 

Common and Statutory Law. 

Chapter XLVII. 

Rights of Persons. Personal Security; Personal Liberty; ReligiousLiberty; Liberty of Speech, and of the Press; Right of Property. 

§1. Having taken a general view of the state governments and thegovernment of the United States, and seen how wisely they are adapted topromote the general welfare and secure the blessings of liberty; weproceed to give a digest of the laws which more particularly define therights and prescribe the duties of citizens, or by which their socialand civil intercourse is to be regulated. These laws, it will berecollected, we have elsewhere called the _municipal_ or _civil_ laws, as distinguished from the _political_ or _fundamental_ law of the state. (Chap. III, §6. )

§2. These laws are of two kinds, the written or statute law, and theunwritten or common law. _Statute laws_ are those which are enacted bythe legislature, and recorded in writing, and are usually collected andpublished in books. The word _statute_ is from the Latin _statuo_, toset, fix, or establish. 

§3. The _common law_ is not a code of written laws enacted by alegislature, but consists of rules of action which have become bindingfrom long usage and established custom. It is said to be founded inreason and the principles of justice. The common law of England wasbrought over by our ancestors, and established here before therevolution. Some of the states, in their constitutions, adopted afterthe revolution, declared it to be the law of their respective states;and it has continued to be law in all the states, and is still soconsidered, except such parts as have been altered or repealed byconstitutional or legislative enactments, or by usage. 

§4. The most valuable rights protected by law are the rights of personalsecurity and personal liberty. The right of _personal security_ is theright to be secure from injury to our persons or good names. By_personal liberty_ is meant the freedom of our bodies or persons fromrestraint or confinement. Provisions guarantying these rights have beenincorporated into our national constitution, and the constitutions ofthe several states. 

§5. The right of personal security is also protected by the law, bywhich a man, on showing reasonable cause of danger of personal injury, may require his adversary to be bound with sureties to keep the peace. And for violence committed, the offender may be prosecuted in behalf ofthe state and punished, and is liable also to the party aggrieved in acivil suit for damages. 

§6. This right is further protected by the law which permits a man toexercise the natural right of self-defense. In defending his person incase of a felonious assault, he may lawfully take the life of hisassailant. This is by law pronounced justifiable homicide, and isallowed also in defense of one's property against felonious and violentinjury. But homicide (man-killing) is not justifiable in case of aprivate injury, nor upon the pretense of necessity when the party is notfree from fault in bringing that necessity upon himself. 

§7. The right to be secure in our good names, which is included in theright of personal security, is protected by the law against slander andlibel. A _slander_ is a false and malicious report or statement tendingto injure another in his reputation or business, and which, if true, would render him unworthy of confidence or employment; or it is themaliciously charging of another with anything by which he sustainsspecial injury. The slander of a person by words spoken, is a civilinjury, that is, an injury for which redress is to be obtained in acivil suit for damages. 

§8. A slander written or printed, is called _libel_. A libel is amalicious publication in print or writing, signs or pictures, tending toexpose a person to public hatred, contempt, or ridicule. And it isconsidered in law a publication of such defamatory writing, thoughcommunicated to a single person. A slander written or printed is likelyto have a wider circulation, to make a deeper impression, and to becomemore injurious. A person may therefore be liable in damages for words inprint or writing, for which he would not be liable if merely spoken. Incase of libel, a person is not only liable to a private suit fordamages, but may be indicted and tried as for other public offenses. 

§9. It is a principle of English common law, that in a criminal actionfor libel it is immaterial whether the matter of it is true or false;and a person prosecuted for libel is not allowed, in justification, toprove to the jury the truth of his statement, since the provocation, notthe falsity, is to be punished. And, whether true or false, the libelouspublication is equally dangerous to the public peace, and is presumed tohave been made with malicious intent. 

§10. It is held--and perhaps it is the prevailing opinion--that in acivil action for damages, a libel must be false as well as scandalous, and, consequently, that the truth may be pleaded in justification. Thispoint, however, is not fully settled. The reason for this distinctionbetween cases of public and private prosecution, it is not easy toperceive. If it is just to inquire into the good or bad intentions ofthe publisher in one case, it would seem to be equally so in the other. 

§11. But the common law has been materially modified and relaxed in thiscountry. In most of the states it is provided by their constitutions orby law, that the truth may be given in evidence, and if it shall appearto the jury "that the matter charged as libelous is true, and waspublished with good motives and for justifiable ends, the party shall beacquitted. " As it may sometimes be proper to speak or publish anunfavorable truth concerning others, the principle of the aboveprovision would seem to be founded in justice. In the state of Vermont, and perhaps in a few other states, if the party prosecuted proves thetruth of his statement in any case, he is acquitted. 

§12. The right of _personal liberty_ is secured by express provision ofthe national constitution, which guaranties to every citizen "theprivilege of the writ of _habeas corpus_. " (Cons. U. S. Art. 1, sec. 9. )The nature of this writ has been explained. (Chap. XXXVI, §4. ) The sameprovision has been inserted in the state constitutions. This was acommon law privilege, independently of any constitutional enactment. Theprincipal object of the provision seems to be to take from congress andthe state legislatures the power to abolish this privilege, or even tosuspend it for any time, or in any case, except the particular casesmentioned. 

§13. Freedom of religious opinion and worship, or liberty ofconscience, is a valuable personal right, included in the term, personalliberty, and is effectually secured in this country. In England, thecountry of our ancestors, there is a church established and supported bythe government. This is sometimes called "union of church and state. "The American people, from their love of religious freedom, have, intheir constitutions, expressly prohibited congress from making laws"respecting the establishment of religion, or prohibiting the freeexercise thereof. " (Amend. Art. 1. ) And the state constitutions haveadopted similar provisions. 

§14. Another important personal right comprehended in the term personalliberty, and guarantied in the same article of the nationalconstitution, and in the state constitutions, is the liberty of speechand of the press. Some of the monarchical governments of Europeprohibited the people from speaking against the sovereign or hisgovernment. Books and papers could not be published until they had beenexamined and approved. The persons authorized to examine themanuscripts, were called _censors_. Hence the expression sometimesheard, "censorship of the press. " To secure the liberty of speaking andpublishing their sentiments freely up on all subjects, the people ofthis country have made express provision in their constitutions; which, however, while they properly guaranty this right, leave men "responsiblefor its abuse, " and liable to prosecution for slander or libel. (§7, 8. )

§15. The _right of property_ is the right to acquire property, and to befree in the use and enjoyment of it. To protect men in the enjoyment ofthis right, is one of the principal objects of constitutions and laws. The rights of property will constitute the subject matter of severalsubsequent chapters of this digest of "common and statutory law. " (Chap. L, and onward. )

Chapter XLVIII. 

Domestic Relations. Husband and Wife. 

§1. To render a marriage contract lawful, the parties must be ofsufficient age, called the age of consent; which, by the common law ofthe land, is fourteen years in males, and twelve in females. In somestates the age of consent has been altered by statute. In Ohio, Indiana, and Michigan, it has been raised to eighteen years in males, andfourteen in females; in Illinois to seventeen and fourteen; inWisconsin, to eighteen and fifteen. 

§2. The parties must also have sufficient understanding to transact theordinary business of life. Idiots and lunatics cannot legally contractmarriage. Persons must also act freely. If the consent of either partyhas been obtained by force or fraud, the marriage may be declared void. The parties must not be nearly related. The degrees of relationship atwhich they are forbidden to marry are in some states fixed by law; butthe laws of these states on the subject are not uniform. Some stateshave forbidden marriages which come within what is called the Leviticaldegrees; but these degrees have received different interpretations. According to the interpretation of some, the relation of uncle and nieceand aunt and nephew, come within this rule. 

§3. No person can lawfully remarry who has a wife or husband living. Such second marriage is, by the common law, null and void. In some ofthe states, perhaps in most of them, it is declared _polygamy_, and astate prison offense, except in certain cases; as when the husband orwife of the party who remarries has been long absent, and the partyre-marrying does not know the other to have been living within the time;or when the former husband or wife of the party remarrying has beensentenced to imprisonment for life; or when the former marriage has beenlawfully annulled or dissolved. If, however, a marriage has beenannulled or dissolved for the cause of adultery, the criminal party is, in some states at least, not allowed to remarry. 

§4. In some of the cases excepted in the preceding section, the secondmarriage is merely excusable. Although the party to such marriage isexempt from the _penalty_, yet if the former wife or husband is living, though the fact is unknown, and no divorce has been duly announced, orthe first marriage has not been duly annulled; the second marriage isvoid. Where there is no statute regulation, the common law governs, which is, that nothing but death, or a decree of a competent court, candissolve the marriage tie. 

§5. The manner in which marriages are to be solemnized, and by whom, andthe manner in which marriage licenses are to be obtained, or notices ofmarriage published, (which are required in some states, ) are prescribedby the laws of the states in which such regulations exist. Marriages mayusually be solemnized by ministers of the gospel, judges, justices ofthe peace, and certain other officers. But by the common law, a marriageis rendered valid by a simple consent of the parties declared beforewitnesses, or subsequently acknowledged; or such consent may be inferredfrom continual cohabitation and reputation as husband and wife. 

§6. In law, the husband and wife are regarded as one person. By thecommon law, the husband, by marriage, acquires a right to the propertyof the wife which she had before marriage, and which she may acquireafter marriage. To her personal property, including debts due her bybond, note, or otherwise, he has an absolute right, and may use anddispose of the same as he pleases. Her chattels real, however, which areleases of land for years, though personal property, he can not disposeof by will; and if he makes no disposition of them during his life time, and she outlives him, she takes them in her own right. If he surviveshis wife, he acquires an absolute right to them. 

§7. But to the real estate of the wife, the husband does not acquire anabsolute right. He has only a right to the use, rents, and profitsthereof during his life, if he shall die before his wife; and in thatevent she takes the estate again in her own right. If the wife diesfirst, and there are no children, her heirs immediately take the estate. If there are children living, the husband holds the estate for life, andon his death it goes to the wife or her heirs. 

§8. But this rule of the common law which gives to the husband thepossession and disposal of the property of the wife, has been repealedby special enactments in most of the states. By these state laws, thereal and personal property of the wife owned by her before marriage, orconveyed to her by any other person than her husband after marriage, with the rents and profits of such property, is declared to be her own, and at her disposal, and not liable for the debts of her husband, exceptin a few cases specified in the law of each state. In some of thesestates, although the property of the wife is not liable for thehusband's debts, he has the control and management, and the rents andprofits of it. 

§9. As the husband, by common law, acquires, by marriage, an interest inthe property of his wife, he becomes liable for her debts contractedbefore marriage; but if they are not recovered of him during coverture, he is discharged _Coverture_, in law, is the state of a married woman, considered as under _cover_, or under the power of her husband. Some ofthe states which have abolished the common law right of the husband tothe property of the wife acquired before marriage, have also abolishedthe common law obligation of the husband to pay the debts of the wifecontracted before marriage; her property alone being liable for suchdebts. 

§10. The husband is bound to maintain his wife, and is liable for debtswhich she may contract for necessaries, but for nothing more. If herefuses to provide for her wants, or if, through other ill treatment orfault on his part, they become separate, he is liable to fulfill hercontracts for necessaries, even though he has forbidden persons to trusther. If they part by consent, and he secures to her a separatemaintenance, and pays it according to agreement, he is not liable, evenfor necessaries. 

§11. The husband and wife can not be witnesses for or against eachother; but any declarations made by a wife when acting as agent for herhusband, may be admitted in evidence against him. In a few states, lawshave been proposed, and, it is believed, in some they have been passed, removing, to some extent, this restriction upon the right of a husbandor wife to the testimony of the other. 

Chapter XLIX. 

Domestic Relations, continued. Parent and Child; Guardian and Ward;Minors; Masters, Apprentices, and Servants. 

§1. Parents, as the natural guardians of their children, are obliged toprovide for their support and education during their minority, or whilethey are under twenty-one years of age. At twenty-one they attain theage of majority, when they are said to be _of age_. Under this age theyare, in law, _infants_, or _minors_. The father, if he is able, is boundto support his minor children, even if they have property of their own;but in such case the mother is not so bound. But a husband is notobliged to maintain the child of his wife by a former husband. If, however, he takes the child into his family, he is responsible for itsmaintenance and education while it lives with him. 

§2. A father may be liable for necessaries sold to a child. But to be soliable, it must be proved that the contract for the articles was made byhis actual authority, or the circumstances must be sufficient to implyauthority; or that neglect to provide for the child, or some other faulton the part of the father, rendered assistance to the child necessary. Being bound to provide for his children, the father has a right to theirlabor or service; and he may recover their wages from any personemploying them without his consent. 

§3. In general, a minor cannot bind himself by contract. If he liveswith his father or guardian, by whom he is properly supplied, he can notbind himself even for necessaries. But if, on contracting a debt, heagrees to pay it after he shall have become of age, he will then becomeliable. If a minor has no father or other guardian, his contracts fornecessaries are binding upon him. 

§4. If a minor takes an estate and agrees to pay rent, he will be liablefor its payment after he shall have become of age. If he receives rents, he can not demand them again when of age. If he pays money on acontract, and enjoys the benefit of the contract and then avoids it whenhe comes of age, he can not recover back the consideration paid. And ifhe avoids an executed contract when he comes of age, on the grounds ofinfancy, he must restore the consideration. 

§5. Minors are answerable for crimes, and may be indicted and tried, and, on conviction, be fined and imprisoned. They are responsible alsofor acts of fraud. Their age and the peculiar circumstances in whichthey were placed, might be such as to exempt them from liability; but incases of gross and palpable fraud committed by minors who have arrivedat the age of discretion, they would be bound by a contract. 

§6. In general, male infants and unmarried females under eighteen years, may, of their own free will, bind themselves, in writing, to serve as_apprentices_ and servants, in any trade or employment; males until theage of twenty-one, and females until the age of eighteen years, or for ashorter time. But the minor must have the consent of the father; or ifthe father is dead, or disqualified by law, or neglects to provide forhis family, consent must be had of the mother; or, if the mother is deador disqualified, then of the guardian. 

§7. Pauper children may be bound out by the officers having charge ofthe poor. And the laws of many of the states, perhaps of most or all ofthem, very properly require, that a person, to whom a poor child isbound, shall agree to cause such child to be taught to read and write, and, if a male, to be also instructed in the general rules ofarithmetic. 

§8. Masters have a right to correct their apprentices with moderationfor negligence and misbehavior; and they may recover damage at law oftheir apprentices for willful absence. On the other hand, a master maybe prosecuted for ill usage to his apprentice, and for a breach of hiscovenant. A master is liable to pay for necessaries for his apprentice, and for medical attendance, but he is not so liable in the case of ahired servant. 

§9. When an apprentice becomes immoral and disobedient, an investigationof the matter may be had by the proper authorities; and for good causethe indenture may be annulled, and the parties discharged from theirobligations. Upon the death of a master, an apprenticeship is dissolved. 

§10. There is, it is believed, no statute law in any state, particularlydefining the rights and obligations of _hired servants_ and the personsemploying them. Both are obliged to fulfill their agreement. If a hiredservant leaves the service of his employer, without good cause, beforehe has worked out the time for which he was hired, he cannot recover hiswages. And for immoral conduct, willful disobedience, or habitualneglect, he may be dismissed. On the other hand, ill usage, or anyfailure on the part of the employer to fulfill his engagement, releasesthe laborer from his service. 

§11. How far a master is answerable for the acts of his hired servant, is not clear. As a general rule, the master is bound for contractsmade, and liable for injuries done, by a servant actually engaged in thebusiness of his master, whether the injury proceeds from negligence orfrom want of skill. But for an injury done by a willful act of theservant, it is considered that the master is not liable. If the servantemploys another to do his business, the master is liable for the injurydone by the person so employed. But a servant is accountable to hismaster for a breach of trust, or for negligence in business, or forinjuring another person in his master's business. 

Chapter L. 

Right of Property. How Title to property is acquired; Wills andTestaments Title to Property by Descent. 

§1. Every citizen of the United States is capable of holding lands, orreal estate, and of taking them by devise, descent, or purchase, and ofselling and conveying away such estate. Aliens, by common law, have notthis power. In many of the states, however, this disability has beenremoved by statute. On declaring their intention to become citizens, andcomplying with certain regulations, aliens acquire the right to take andhold real estate to themselves and their heirs. But they may hold anddispose of personal property without any special enactment. 

§2. To _devise_ property is to give or bequeath it by will. A _will_ isa written instrument in which a person declares his will concerning thedisposal of his property after his death. It is also called _testament_. This word is from the Latin _testis_, meaning witness. Hence the wordhas come to be applied to this instrument, which is the witness or proofof a person's will. A person making a will is called _testator_; one whodies without making a will or testament, is called _intestate_. 

§3. All persons of full age and sound mind, except married women, maygive and bequeath real and personal estate by a last will and testament. In many of the states, personal estate may be willed at an earlier age. In a few states, females at eighteen may make a will of real andpersonal estate. In a few states, personal estate may be willedverbally, if the will is within a specified time reduced to writing, andsubscribed by disinterested witnesses. In Ohio such will must be writtenwithin ten days after the speaking of the testamentary words. A will ofthis kind is called a _nuncupative_ will. 

§4. In most of the states, laws have been enacted, allowing marriedwomen to hold, in their own exclusive right, all the property, real andpersonal, which they owned at the time of marriage, and which they mayacquire after marriage. (Chap. XLVIII, §8. ) With the right of possessionis also given, it is presumed, the power of disposing of the property bywill. 

§5. A will devising real estate must be subscribed by at least two, insome slates three, attending witnesses, in whose presence the testatormust subscribe the will, or acknowledge that he subscribed it, anddeclare it to be his last will and testament. If the testator is unableto sign his will, another person may write the testator's name by hisdirection; but he should sign his own name as witness to the will. 

§6. A testator may revoke or alter his will by a later will or writing, executed in the same manner. But the second will, to revoke the former, must contain words expressly revoking it, or directing a differentdisposal of the property. A will may also be revoked by a sale of theproperty. And any alteration of the estate or interest of the testatorin lands devised, is held to be an implied revocation of the will. Landspurchased after a will has been made, are not conveyed by it. As ageneral rule, a will is also revoked by the subsequent marriage of thetestator and birth of a child, unless the wife and child have beenotherwise provided for. The will of an unmarried woman is revoked by hermarriage. 

§7. By the statutes of some states, a child born after the death of thetestator, or born in his lifetime and after the making of the will, inherits a share of the estate, as if the father had died intestate. Insome other states, the statute goes further, and gives the same reliefto all the children who are not provided for in the will, and who havenot had their portion in the parent's lifetime. 

§8. A _codicil_ is an addition or a supplement to a will, and must beexecuted with the same solemnity. It is no revocation of a will, exceptin the precise degree in which it is inconsistent with it. 

§9. After the death of a testator, the will is brought before the courtof probate to be proved. (Chap. XX, §5. ) When a will has been dulyproved and allowed, the court issues letters testamentary to theexecutor. An _executor_ is a person named in the will of a testator tocarry the will into effect. _Letters testamentary_ give him the power toact in settling the estate of the deceased. If he refuses to act, or isnot lawfully qualified, the court appoints a person, who, in that case, is called _administrator_; and the court issues _letters ofadministration_ with the will annexed. Letters of administration arealso issued in case of a person dying intestate. They give to theadministrator the requisite authority to settle the estate. 

§10. Taking property by _descent_, is the receiving of it from anancestor or other relative dying intestate. If a person dies withoutmaking a will, his property falls, or _descends_ to his lawful heirs. The order or rule of descent is not uniform in this country, beingdetermined, to a great extent, by the laws of the states. In general, however, the real estate of an intestate descends, first to his linealdescendants, that is, persons descending in a direct line, as fromparents to children, and from children to grand-children. The linealdescendants most nearly related to the intestate, however distant therelation may be, takes the estate. 

§11. If any children of an intestate are dead, and any are living, theinheritance descends to the children living, and to the descendants ofthe children dead, so that each child living shall receive such share ashe would receive if all were living, and the children of those who aredead such share as the parents would receive if living. Thus, suppose anintestate had three sons, one of whom is dead, but has left children. Inthis case, each of the sons living would share one-third of theproperty, and the children of the deceased son the remaining third. 

§12. But if the children are all dead, and there are grand-childrenliving, the grand-children share equally, though not an equal number arechildren of each parent. If, for example, an intestate dies leaving nochildren, but having had two sons, one of whom had left three children, and the other two, the five share equally in the estate. The laws ofRhode Island, New Jersey, North Carolina, South Carolina, Tennessee, Louisiana, and Alabama, unless recently altered, are exceptions to thisrule. In these states, and perhaps in a few others, though the childrenof the intestate are all dead, the grand-children do not share equally, but those of each stock, or family, take the portion which their parentwould have taken if living. 

§13. The order of descent is so different in the states, especially whenthere are no lineal descendants of an intestate, that it can beascertained only by reference to the laws of each state. As a generalrule, real estate passes, (1. ) to the lineal descendants; (2. ) to thefather; (3. ) to the mother; (4. ) to the collateral or _side_ relatives, as brothers, sisters, nephews, nieces, &c. But even to this general rulethere are exceptions in the laws of some states. 

§14. The rule of descent given in the preceding sections, it will beseen, relates to _real_, and not to personal estate. The rule in regardto real estate, and that relating to personal estate, are generallysomewhat different in the same state. 

Chapter LI. 

Deeds and Mortgages. 

§1. In whatever manner a person acquires possession of real estate, whether by devise, descent, purchase, or gift, evidence of possessionconsists, usually, in a _deed_, which is a written instrument conveyingreal estate to an heir, a purchaser, or a donee. A deed of land sold, contains the names of the seller and the purchaser, the consideration, or sum paid for it, and a description of it; and in express words grantsand conveys all the interest of the seller or grantor to the purchaserand his heirs forever: and the seller affixes his name and seal to theinstrument, usually in the presence of one or more subscribingwitnesses. 

§2. But a deed thus executed does not give to the purchaser surepossession of the land, until it has been duly recorded in the office ofthe proper recording officer of the county in which the land lies; or inthe office of the town clerk, in those states in which conveyances arerequired to be there recorded. If the land should be conveyed by theseller to a subsequent purchaser who should get his deed first onrecord, such purchaser would hold the land, unless, before purchasing, he had had notice of a sale and deed to a prior purchaser. 

§3. In some states, a reasonable time is allowed a purchaser to get hisdeed recorded before he loses his right of possession by the earlierrecording of another's deed. In some other states, the time is fixed bylaw, and varies in these different states from fifteen days to twoyears. But a deed, though not recorded in season to secure the titleagainst a second purchaser, or though not recorded at all, is goodagainst the sellor or grantor; and the dispossessed purchaser has alawful claim against him for the value of the land. 

§4. A recorder or register may not record a conveyance of land withoutproof that it was executed by the person named in it as the maker orgrantor. This proof consists, usually, in a certificate of a properofficer, on the back or margin of the deed, stating that the person sonamed appeared before him, and, being duly sworn, acknowledged that hewas the person who had executed the deed. In every state, judges ofcourts and justices of the peace, mayors of cities and aldermen, notaries public, or some of these officers, and commissioners of deedsappointed for that special purpose may take acknowledgments. In New Yorkand a few other states, the acknowledgment may be dispensed with, andthe execution of the deed may be proved by the subscribing witnesses. Deeds duly acknowledged, are, with the acknowledgments, copied by therecorder, word for word, in books provided for that purpose. 

§5. As a person can not give a good title unless he has one himself, theseller or grantor covenants and agrees that he is seized of the premisesin _fee-simple_, (meaning that he is the absolute owner, ) and that hewill _warrant and defend_ the premises in the quiet and peaceablepossession of the purchaser and his heirs forever. Hence such deed iscalled a _warranty deed_, [For definition of _fee_ and _fee-simple_, seeChap. LIII, §1. ] A _quit-claim_ deed merely conveys the interest orclaim of the grantor. It contains no warranty of title against any otherclaimant. 

§6. A _mortgage_ is a grant of land as security for the payment ofmoney, on condition that, if the money shall be paid according tocontract, the grant shall be void. When only a part of the purchasemoney is paid on receiving a deed, the purchaser usually executes amortgage to the seller, pledging the land as security for the remainderof the purchase money. And if the money shall not be paid as agreed, theland may be sold; but if sold for more than the amount due, the overplusis to be paid to the mortgager. 

§7 To effect a full conveyance of real estate, a wife must join withher husband by signing the deed with him; or, in case of the husband'sdeath in her lifetime, she would be entitled, for life, to the use ofone-third of the estate. This interest of a widow in the estate of adeceased husband, is called _dower_. It is necessary also for the wifeto acknowledge, before the officer taking the acknowledgment, and apartfrom her husband, that she signed the deed freely, and withoutcompulsion of her husband. In some states, the acknowledgment of thewife out of the presence of her husband is not required. 

Chapter LII. 

Incorporeal Hereditaments. Right of Way; Aquatic Rights, &c. 

§1. The term _incorporeal hereditaments_ may, to some readers, needexplanation. A _hereditament_ is a thing capable of being inherited. Land, and all things attached to it by the course of nature or the handsof men, as trees, herbage, water, buildings, &c. , which are comprehendedin the term real estate, are _corporeal_ hereditaments. _Incorporeal_hereditaments are inheritable rights which grow out of corporealinheritances, or which consist in their enjoyment; as the right ofpasturing a common; a right of passage over the land of another; a rightto the use of waters, sometimes called _aquatic rights_, &c. 

§2. A _right of way_ is a right of private passage over another man'sground. This right is sometimes granted by the owner of the soil; and tomake it a freehold right, it must be created by deed, though it be onlyan easement upon the land of another, and not an interest in the landitself. An _easement_ is, in general, an accommodation. In law, it isany privilege or convenience which one has of another, by grant orotherwise, as a right of way, &c. By the grant of an easement, thegrantee acquires no other right than what is necessary to the fairenjoyment of the privilege. 

§3. If it is a mere personal right, it can be enjoyed only by the ownerof the right, and when he dies, the right dies with him. But a right ofway belonging to an estate may be conveyed when the land is sold. Thus, if a man owns lot A and lot B, and he used a way from lot A, over lot B, to a mill, or to a river; and if he sells lot A with all ways andeasements, the grantee will have the same privilege of passing over lotB as the grantor had. 

§4. A right of way may arise from necessity. If a man sells a part ofhis land, and there is no other way to the remaining part, he isentitled to a right of way to it over the land sold. And if a man sellsland wholly surrounded by his own land, the purchaser is entitled to aright of way to it over the other's ground, even though no such right isreserved. The right of way passes to the purchaser, as necessarilyincident to the grant, or included in it. 

§5. A man having license to conduct lead pipes through the land ofanother, may enter on the land, and dig therein, to mend the pipes. Thegeneral rule is, that when the use of a thing is granted, every thing isgranted which is necessary to the enjoyment of its use. 

§6. A person has a temporary right of way over land adjoining a publichighway, if the highway is out of repair, or is obstructed by snow, aflood, or otherwise. But the right of going upon adjoining lands doesnot apply to private ways. A person having a right to a private way overanother's land, has no right to go upon adjoining land, even though theprivate way is impassable. 

§7. A right of way sometimes arises by _prescription_; which is theright or title to a thing derived from long use and enjoyment. Such isthe right which, by common law, a man acquires to land which has beenpeaceably held by himself, or by himself and preceding owners, fortwenty years. Although the first occupancy was obtained without grant, the long free use of the land is, in law, equivalent to a grant, andimplies a valid title. In some states, shorter periods have been fixedby statute in which a right by prescription may be obtained. InPennsylvania, and Ohio, the period is fixed at twenty-one years. 

§8. The owners of land adjoining highways, have a right to the soil tothe centre of the road: the public have only a right of passage whilethe road is continued. The owners of the soil may maintain a suitagainst any person who encroaches upon the road, or digs up the soil, orcuts down trees growing on the side of the road. They may carry water inpipes under it, and have every use of it that does not interfere withthe rights of the public. 

§9. Every proprietor of lands adjoining a stream, has naturally an equalright to the use of the water that flows in the stream adjacent to hislands, "as it was wont to run. " Each may use the water while it runsupon his own land; but he can not unreasonably detain it, or give itanother direction; and he must return it to its ordinary channel when itleaves his estate. He can not, by dams or any obstruction, cause thewater injuriously to overflow the grounds of the neighbor above him, norso use or apply it as materially to injure his neighbor below him. 

§10. But this right to the use of waters, as an easement to the land, may be acquired and lost, or enlarged and abridged, by prescription. Aman may diminish the quantity of the water, or corrupt its quality, bythe exercise of certain trades; and by such use of the water for asufficient length of time, he is in law _presumed_ to have acquired itby grant: and this presumption is the foundation of his right byprescription. The time of such use and enjoyment of water necessary toestablish such right is twenty years, except in states in which adifferent period is fixed by statute. (§7. )

§11. It is a general and established doctrine, that an exclusive anduninterrupted enjoyment of water, or of light, or of any other easement, in any particular way, for twenty years, or for any other period whichin any particular state is the established period of limitation, is asufficient enjoyment to raise a presumption of title as against theright of any other person. The enjoyment is deemed to have beenuninterrupted, whether it has been continued from ancestor to heir, andfrom seller to buyer; or whether the use has been enjoyed during theentire period by one person. 

§12. As a right may be acquired by use, so it may be lost by disuse; andas an enjoyment for twenty years, or such other period as is prescribedby statute, is necessary to establish a right; an absolutediscontinuance of the use for such period will raise the presumptionthat the right has been released or extinguished. Thus a title to landmay pass from its actual owner by non-occupancy for the period abovestated; and a title to it may be acquired by an undisturbed occupant whoshall hold it in peaceable and uninterrupted possession for the sameperiod. 

Chapter LIII. 

Leases:--Estates for Life; Estates for Years; Estates at Will; Estatesby Sufferance; Rent, &c. 

§1. Real estate, the title to which is conveyed by deed, asdistinguished from other estates in land, is called an _estate ofinheritance_. An estate of inheritance, that is, an estate in lands thatmay be transmitted by the owner to his heirs, is a _fee_. No estate isdeemed a fee unless it may continue forever. When it is a pure andabsolute inheritance, clear of any qualification or condition, it iscalled a _fee-simple_. 

§2. An interest in lands which is to continue for a limited period, isusually conveyed by a written instrument called lease. _To lease_, meansto let; but generally to grant the temporary possession of real estateto another for rent or reward. Sometimes the word _demise_ is used forease. The landlord, or person letting the estate, is called _lessor_;and the tenant, or person to whom the land is leased, is called_lessee_. Leases for a term longer than one year, are usually requiredto be sealed, and in some states, proved and recorded also, as deeds andmortgages. 

§3. These limited interests in land are divided into estates for life, estates for years, estates at will, and estates by sufferance. An_estate for life_ is an estate conveyed to a person for the term of hisnatural life. Life estates held by lease, however, are not common inthis country. Another kind of life estate is that which is acquired, notby the acts of the parties, as by lease, but by the operation of law. Such is the right of a husband to the real estate of his wife acquiredby her before or after marriage. Such also is the right of dower. (Chap. XLVIII, §6, 7. Chap. LI, §7. )

§4. An _estate for years_ is a right to the possession and profits ofland for a determinate period, for compensation, called rent; and it isdeemed an estate for years, though the number of years should exceed theordinary limit of human life. And if a lease should be for a less timethan a year, the lessee would be ranked among tenants for years. Lettingland upon shares for a single crop is not considered a lease; andpossession remains in the owner. 

§5. A lessee for years may assign over his whole interest to another, unless restrained by agreement not to assign without leave of thelessor. And he may underlet for any less number of years than he himselfholds; but he is himself liable to the landlord. 

§6. A tenant for years, whose lease expires after the land is sown orplanted, and before harvest, is not entitled to the crop, if the leaseis for a certain period; for, knowing that his lease would expire beforeharvest time, he might have avoided the loss of his labor. But if thelease for years depends upon an uncertain event, the occurring of whichwould terminate the lease before the expiration of the term, the tenantwould be entitled to the crop, if there were time to reap what has beensown, in case he should live. It is believed that, in a few states, thetenant has a right to the crop from grain sown in the autumn before theexpiration of the lease, and cut the next summer after its expiration. 

§7. Where there is an express agreement to pay rent, the tenant can notavoid payment even if the premises are destroyed by fire or flood, or ifhe is in any other manner deprived of their enjoyment and use, evenwithout any default on his part. Hence, if land should be leased with aflock of sheep, and the sheep should die, the full rent must be paid. But if the land should be recovered from the tenant by a person having abetter title than that derived from his landlord, he is not liable forrent after his use of the land has ceased. 

§8. A tenant can not make repairs at the expense of the landlord, ordeduct the cost of them out of the rent, unless by special agreement. But if the premises, from want of repair, have become unsafe or useless, the tenant from year to year may quit without notice; and he would notbe liable for rent after the use had ceased to be beneficial. 

§9. When rent is due, payment may be made or tendered upon the premises;and if no place of payment has been agreed on, a personal tender off theland is also good. As to the time of payment, where there is no specialagreement to the contrary, rent is due yearly, half-yearly, orquarterly, according to the usage of the country. Where there is noparticular usage, the rent is due at the end of the year. 

§10. An _estate at will_ is where land is let to another, to hold at thewill of the lessor. Tenancies at will, strictly such, are not common. Such estates, when no certain term is agreed on, are construed to betenancies from year to year, and each party is bound to give reasonablenotice of an intention to terminate the lease. If the tenant holds overafter the expiration of a lease for years, either by express consent, orunder circumstances implying consent, it is held to be evidence of a newcontract without any definite period, and is construed to be a tenancyfrom year to year: and in those states where the old English ruleprevails, six months' notice must be given the tenant to quit. 

§11. What turns leases for uncertain terms into leases from year toyear, is the landlord's reserving annual rent. A tenant placed on landwithout any terms prescribed or rent reserved, is strictly a tenant atwill; and it has been held that such tenant is not entitled to notice toquit; but the general rule now seems to be, that even in such case thesix months' notice is necessary; or, as in some states, a reasonablenotice. 

§12. An _estate at sufferance_ is that which is acquired by a tenant whohas come into lawful possession of land, but who holds over by wrongafter his interest has ceased. He is not entitled to notice to quit; andwhere there is no special statute, he is not liable for rent; and thelandlord may enter, and remove the tenant and his goods with such gentleforce as may be necessary. If undue force is used, the landlord would beliable to an action for forcible entry and detainer. 

Chapter LIV. 

Contracts in General. 

§1. A _contract_ is an agreement between two or more persons, by whichthe parties agree to do, or not to do, a particular thing. Contracts are_executory_, when the stipulations remain to be executed, or when oneparty agrees to sell and deliver, at a future time, for a stipulatedprice, and the other agrees to accept and pay. Contracts are _express_, when the parties contract in express words, or by writing; _implied_, when an act has been done which shows that the parties must haveintended to contract; as, when a person employs another to do someservice, it is presumed that the party employing intended to pay for thelabor performed. 

§2. Contracts are also distinguished as specialties and simplecontracts. A _specialty_ is a contract under seal; as a deed, or a bond. But we shall here consider chiefly that common class of contracts called_simple contracts_, or _contracts by parol_. _Parol_ signifies by wordof mouth. Applied to contracts, however, it not only means verbalcontracts, but includes written contracts not under seal. Both aresimple contracts; the distinction between them is in the mode of proof. The mutual understanding of the parties to a verbal contract may beproved by parol evidence. But as the real intention of parties is morelikely to be expressed in a written contract, the rule of law is, thatparol evidence may not be admitted to contradict or vary the terms of awritten instrument. It may however be admitted to explain what isdoubtful, or to supply some deficiency. 

§3. To make a valid contract, _the parties must be capable ofcontracting_. They must be of sound mind. Hence idiots and lunatics aregenerally incompetent to make contracts. Contracts by lunatics andidiots are not necessarily void, but only _voidable_; the validity orinvalidity depending upon facts to be proved. To avoid a contract on theground of mental imbecility, it must be proved that the partycontracting was at the time incompetent. But if a general derangement isonce established or conceded, the person is presumed to be incompetent;and the party seeking to enforce the contract must prove the other tohave been sane. The general rule in the case of idiots is, that if theparty is incapable of acting in the ordinary affairs of life, or in theparticular contract, his idiocy will annul the contract. 

§4. Drunkards also are incompetent to contract while in a state ofintoxication, provided the drunkenness is such as to deprive them ofreason for a time, and create impotence of mind. But for absolutenecessaries, if the drunkard consumes them during his drunkenness, orkeeps them after becoming sober, he is liable. Intoxication only rendersa contract voidable, not void, as the party intoxicated may adopt it onrecovering his understanding. 

§5. Another requisition to a valid contract, is the _mutual assent ofthe parties_. A mere offer by one party not assented to or accepted bythe other, constitutes no contract. Assent must also be given freely. Acontract entered into under duress, or compulsion, is not binding; aswhere assent is extorted by threats of personal injury. Assent must alsobe given with a knowledge of facts. A contract made under an injuriousmistake, or ignorance of a material fact, may be avoided, even thoughthe fact is not fraudulently concealed. But a mistake made throughignorance of the law, will not render a contract void. 

§6. A _valuable consideration_ also is necessary to a valid contract. A_consideration_ is what is given or done, or to be given or done, as thecause or reason for which a person enters into an agreement. Thus, themoney given or offered, for which a man agrees to perform certain labor, is the consideration of the agreement. So the money or other thing forwhich a promissory note is given, is the consideration. A valuableconsideration is any thing that is either a benefit to the partypromising, or some trouble or injury to the party to whom the promise ismade. 

§7. Mutual promises are sufficient considerations to make a contractbinding; but they must be made at the same time. Such promises supporteach other. The promise of one party constitutes a sufficientconsideration for a promise by the other party. In case the parties aredistant from each other, if the proposition is made in writing and sentby mail, and a letter of acceptance is written and put in the mail, thecontract is complete, unless, before mailing the letter of acceptance, a second letter has been received containing a retraction of theproposal. 

§8. Promises which are wholly gratuitous are void; because, beingneither a benefit to the promiser, nor an injury to the promisee, theyare not regarded in law as a valuable consideration. Hence, subscriptions to public works and charitable, literary, and religiousinstitutions, if they are merely gratuitous, can not be collected, unless they have operated to induce others to advance money, makeengagements, or do other acts to their own injury. 

§9. As gratuitous promises are void for want of consideration, so merelygratuitous services, as voluntarily assisting to save property fromfire, or securing beasts found straying, or paying another's debtswithout request, afford no consideration upon which payment for theirvalue can be lawfully claimed; there being no promise of compensation. But if a person knowingly permits another to do certain work, as plowinghis field, or hoeing his corn, although the work may have been commencedwithout his order or request, his consent will be regarded in law as an_implied promise_ to pay for the value of the labor, unless thecircumstances of the case are such as to forbid the presumption. 

§10. A consideration must also be _possible_, and in accordance withlaw, sound policy, and good morals. A contract founded upon animpossible consideration is void. No man can be lawfully bound to dowhat is not in the power of man to do. But it is otherwise, if the thingto be done is only at the time impossible in fact, but not impossible inits nature. Hence, inability from sickness to fulfill an agreement, orthe impossibility of procuring an article of a certain kind or qualitywhich a person has agreed to deliver, would not exempt him fromliability in damages for the non-performance of his contract. 

§11. A contract, the consideration of which is _illegal_ or _immoral_, may be avoided by either party. A man can not be held to an agreement todo acts forbidden by the law of God or by the laws of the state. But ifan illegal contract has been executed; in other words, if the wrong hasbeen done, the party in the wrong can not renounce the contract; for thegeneral rule is, that no man can take advantage of his own wrong; andthe innocent party alone has the privilege of avoiding the contract. Ifboth parties are guilty, neither can, in ordinary cases, obtain reliefon a contract that has been executed. 

§12. The rule that a consideration is necessary to a valid contractapplies to all contracts and engagements not under seal, except bills ofexchange and negotiable notes after they have passed into the hands ofan innocent indorsee. (See Promissory Notes. ) In contracts under seal, aconsideration is necessarily _implied_ in the solemnity of theinstrument. 

§13. It is declared by the English statute of frauds, which prevailsgenerally in the United States, that an agreement which is not to beperformed within one year from the time of making it, shall not bevalid, unless such agreement, or some memorandum or note thereof, is inwriting, and signed by the party to be charged. The statutes of some ofthe states have adopted this provision of the English statute, andrequire further, that a special promise to answer for the debt, default, or misdoing of another person, and an agreement or promise uponconsideration of marriage, (except mutual promises to marry, ) shalllikewise be void without such writing, in which the consideration shallbe expressed. 

Chapter LV. 

Contracts of Sale. 

§1. A Sale is a transfer of the title to property to another person fora certain price; or the exchange of a commodity for its equivalent valuein money. The exchange of one commodity for another, is _barter_. Unless the absolute title is conveyed, the contract is merely amortgage. The same general principles of law which apply to contracts ingeneral, are applicable to contracts of sale, viz. : the competency ofthe parties to contract; the sufficiency of the consideration; itslegality and morality; the assent of the parties; and the absence offraud. 

§2. To make a sale valid, the thing to be sold must have an _actual or apossible existence_, and be _capable of delivery_. Thus, if A sells ahorse or certain goods to B; and if, at the time of the sale, the horseis dead, or the good? are destroyed; the sale is void. If the goods arepartially destroyed, the buyer may either take them at a proportionatereduction of the price, or abandon the contract. 

§3. But, although the thing to be sold has no actual and presentexistence; yet if its future existence is possible, and if it is theproduct or increase of something to which the seller has a presentright, it is the subject of sale. Thus, a man may sell the wool that maygrow on his sheep, the fruit that may grow on his trees, or the futureincrease of his cattle. But he cannot sell the products of the sheep orcattle which he may hereafter buy. A man may, however, agree to procuregoods which he has not, and to furnish at a future time, for a certainprice; and his contract will be good; though this is not strictly asale, but an agreement to sell. 

§4. There can be no sale without a _price_; and the price must be fixedand definite, or susceptible of being ascertained by reference to somecriterion prescribed in the contract, so as to render any furthernegotiation of the parties unnecessary. Thus, a man may agree to paywhat shall be the market price at a particular time, or a price to befixed by a third person. The price must also be payable in money or itsnegotiable representative, as notes or bills. One article given foranother is merely _barter_. The same principles of law, however, governin both cases. 

§5. There must be a _mutual consent of the parties_, and the contract isbinding when a proposition made by one party is accepted by the other. The negotiation may be carried on by letter, as before stated. (Chap. LIV, §7. )

§6. In contracts of sale which are not perfected at once by payment anddelivery, certain formalities are to be observed. These forms generallyare prescribed by what is called the English statute of frauds, whichrequires, (1. ) that the buyer shall accept and receive part of the goodssold; or (2. ) give something in earnest to bind the bargain, or in partpayment; or (3. ) that some note or memorandum in writing of the bargainshall be made and signed by the party to be charged, or by hisauthorized agent. These provisions, however, apply only to cases inwhich the price of the goods sold is ten pounds sterling, or more. Thesame rule prevails generally in this country, with slight variations insome states. The price of the goods sold, in cases to which theprovisions of that statute apply, is fixed by law in many of the states, and varies from $30 to $200. 

§7. To complete a contract of sale, and pass the title to the propertyto the buyer, there must be a _delivery of the goods sold_. When thegoods are such as cannot be manually or immediately delivered, or arenot in the actual custody of the seller, the law does not require anactual delivery. But they must be placed in the power of the purchaser;or there must be such acts and declarations of the parties as imply achange of ownership. When the right of property has been transferred tothe buyer, whether by an actual or only a constructive delivery, heimmediately assumes the risk of the goods; so that if they shall beafterward injured or destroyed, he must bear the loss. 

§8. When nothing is said at the sale as to the time of delivery, or thetime of payment, the buyer is entitled to the goods on payment or tenderof the price, and not other wise; for, though he acquires the _right ofproperty_ by the contract of sale, he does not acquire the _right ofpossession_, until he pays or tenders the price. But if the sellerdelivers the goods absolutely, and without fraudulent contrivance onthe part of the buyer, the buyer will hold possession of them. 

§9. But when goods are sold on credit, and nothing is said as to thetime of delivery, the buyer is immediately entitled to the possession. If, however, it is ascertained, before the buyer obtains possession ofthe goods, that he is insolvent, or so embarrassed as to disable himfrom meeting the demands of his creditors, the seller may stop the goodsas a security for the price. But if they are stopped without good cause, or through misinformation, the buyer is entitled to the goods, and todamages which he may have sustained in consequence of their stoppage. 

§10. In the sale of a chattel, if the seller has possession of thearticle, and sells it as his own, he is understood to _warrant thetitle_. A fair price implies a warranty of title; and the purchaser mayhave satisfaction from the seller, if he sells goods as his own, and thetitle proves deficient. But if the possession is at the time in another, and there is no covenant or warranty of title, the party buys at hisperil. It is thought, however, if the seller affirms that the propertyis his own, he warrants the title, though it is not in his possession. 

§11. With regard to the _quality_ of the thing, the seller is not boundto make good any deficiency, except under special circumstances, unlessbe expressly warranted the goods to be sound and good, or unless he madea fraudulent representation or concealment concerning them. The rule is, if there is no express warranty by the seller, nor fraud on his part, and if the article is equally open to the inspection of both parties, the buyer who examines the article for himself, must abide by all lossesarising from latent defects equally unknown to both parties. 

§12. But this rule does not reasonably apply to cases in which thepurchaser has ordered goods of a certain character, or in which goods ofa certain described quality are offered for sale, and, when delivered, they do not answer the description. There being no opportunity ofexamining them, there is an _implied_ warranty of the quality. Anintentional concealment or suppression of a material fact, when bothparties have not equal access to means of information, is unfairdealing, and renders the contract void. 

§13. As a general rule, each party is bound to communicate to the otherhis knowledge of material facts, provided he knows the other to beignorant of them, and they are not open and naked, or equally within thereach of his observation. Surely the _moral law_ and fair dealingrequire, in all cases, a full disclosure of all defects within theknowledge of the contracting parties. 

Chapter LVI. 

Fraudulent Sales; Assignments; Gifts, &c. 

§1. The title to property is sometimes transferred with fraudulentintent. A debtor, to place his property beyond the reach of hiscreditors, sells or assigns it to others by way of mortgage, under thefalse pretense of securing the payment of a debt; the property to remainin the possession and use of the assignor. 

§2. Any agreement which operates as a fraud upon third persons, is void. It is a rule of common law, that all deeds of gift, and all transfers ofgoods and chattels made by any person to secure them for his future use, shall be void as against creditors; and that if property assigned orsold remains with the seller or assignor, the transaction is to bepresumed fraudulent. But whether such conveyance of goods is only _primafacie_ (at first view) evidence of fraud, which the vendee or assigneemay rebut by proving the sale or assignment to have been made honestlyand in good faith; or whether the transaction is fraudulent in point of_law_, and void, is a question upon which the decisions of the courtsin England as well as those in this country differ, and which, therefore, may be considered as not conclusively settled. 

§3. Some have made a distinction between bills of sale and assignmentsthat are absolute and those that are conditional. The supreme court ofthe United States has affirmed the doctrine that an absolute and_unconditional_ bill of sale or conveyance, when the property isretained in possession, is of itself conclusive evidence of fraud; inother words, it is presumed to be fraud in point of law, whatever it maybe in fact. It has been held by the same court, that a conveyance with a_condition_ that the property is to remain with the vendor until thecondition shall be performed, or a conveyance in the nature of amortgage or security, expressing an agreement between the parties, thatthe mortgager shall retain possession, is valid. 

§4. In some states, the doctrine established by the courts is, that acontinuance of possession is only _prima facie_ evidence of fraud; inwhich case the mortgagee or assignee is allowed to show by proof, thatthe conveyance was made in good faith and for a valuable consideration. In other states, the strict rule prevails, that, without a change ofpossession, the transaction is fraudulent _in law_; in which case theassignee, or person claiming the property under the assignment, is notpermitted to show that, in point of _fact_, the transaction was _bonafide_, (in good faith. )

§5. The rule that holds every conveyance to be fraudulent unless theproperty immediately changes hands, often operates to inconvenience andeven injury of honest debtors. A debtor may be obliged to part withproperty, however convenient or needful its present use may be to him, when, but for this stringent rule of law, he might borrow the money topay a debt, or procure a postponement of payment, and retain the use ofthe property pledged. 

§6. In many of the states, this perplexing question has been settled bystatute. In the state of New-York, the law expressly declares, that asale or an assignment without immediate delivery and a change ofpossession, shall be presumed to be fraudulent and void as againstcreditors, unless the party claiming the property under the assignmentshall make it appear that the same was made in good faith, and withoutany attempt to defraud. Laws more or less similar to this, and securingto the assignor the use of the mortgaged property, are believed to existin a majority of the states. The instruments conveying the property areusually called _chattel mortgages_, and are required to be recorded asdeeds; in New-York, and perhaps a few other states, only filed in thetown or county clerk's office. 

§7. In the sale of personal property, though there should be a judgmentagainst the vendor, and the purchaser should have notice of it, thatfact would not of itself render the sale fraudulent. But if thepurchaser, knowing of the judgment, purchases with the view or purposeto defeat the creditor's execution, the transaction is fraudulent. Thequestion of fraud depends upon the motive. 

§8. Assignments are sometimes made by debtors for the benefit of theircreditors. A person deeply indebted, or in embarrassed circumstances, assigns his property, in trust, to one or more persons, who are todispose of it, and to apply the avails to the payment of his creditors, or a part of them; for the law does not forbid a debtor's giving apreference to one or more creditors over others, provided the assignmentis for a sufficient consideration. A debtor may directly assign ortransfer all his property to a single creditor, and the assignment bevalid; but if the value of the property is manifestly excessive, anddisproportionate to the debt which it is intended to cover, the othercreditors have a right to the surplus. 

§9. When an embarrassed debtor agrees to pay his creditors a certainproportion of their claims in consideration of a discharge of theirdemands, if he privately agrees to give a better or further security toone than to others, the contract is void; because the condition uponwhich they agree to discharge the debtor is, that they shall shareequally. 

§10. A gift, or conveyance founded merely upon a consideration ofaffection, or blood, or consanguinity, may be set aside by creditors, ifthe grantor was in embarrassed circumstances when he made it; for a manis bound, both legally and morally, to pay his debts before giving awayhis property. But if he is indebted to only a small amount in proportionto the value of his property, and wholly unembarrassed, the gift is notrendered voidable by his indebtedness, even though he should afterwardsbecome insolvent. 

Chapter LVII. 

Bailment. 

§1. The word _bailment_ is from _bail_, French, to deliver. (Chap. XVIII, §14. ) Bailment, in law, is a delivery of goods, in trust, uponagreement that the trust shall be executed, and the goods restored bythe bailee, when the purpose of the bailment shall have been, answered. 

§2. A person who receives goods to be kept and returned without reward, must keep them with reasonable care, or, if they receive injury, he willbe liable for the damage: in other words, he is responsible only forgross neglect. Gross neglect is a want of that care which every man ofcommon sense takes of his own property. A _depositary_, who is a personwith whom goods are deposited, has no right to use the goods intrustedto him. 

§3. A _mandatary_, or one who undertakes to do an act for anotherwithout recompense, in respect to the thing bailed to him, isresponsible for gross neglect, if he undertakes and does the work amiss;but it is thought that for agreeing to do, and not undertaking or doingat all, he is not liable for damage. 

§4. The borrower of an article, as a horse, carriage, or book, withoutreward, is liable for damage in case of slight neglect. But if thearticle is applied only to the use for which it is borrowed, is usedcarefully by the borrower only, and returned within the time for whichit was borrowed, he is not liable. 

§5. Property taken in pledge as security for a debt or an engagement, must be kept with ordinary care; in other words, the pawnee isanswerable only for ordinary neglect; and if the goods should then belost or destroyed, the pawner is still liable for the debt. If thepawnee derives any profit from the use of the property, he must applythe profits, after deducting necessary expenses, toward the debt. 

§6. Another kind of bailment is the hiring of property for a reward. Ifan article is injured or destroyed without any fault on the part of thehirer, the loss falls on the owner, for the risk is with him. 

§7. If work or care is to be bestowed for a recompense on the thingdelivered, the workman is liable for ordinary neglect; and the work mustbe performed with proper skill, or he is answerable for damage. If atailor receives cloth to be made into a coat, he is bound to do it in aworkmanlike manner. 

§8. Innkeepers are in general responsible for all injuries to the goodsand baggage of their guests, even for thefts. But for loss caused byunavoidable accident, or by superior force, as robbery, they are notliable. 

§9. A person who carries goods for hire in a particular case, and not asa common carrier, is answerable only for ordinary neglect, unless heexpressly takes the risk of a common carrier. 

§10. A common carrier is one who carries goods for hire as a commonbusiness, whether by land or by water, and is responsible to the ownerof the goods, even if robbed of them. He is in the nature of an insurer, and is answerable for all losses, except in cases of the act of God, asby lightning, storms, floods, &c. And public enemies, as in time of war. 

§11. A common carrier is bound to receive from any person paying ortendering the freight charges, such goods as he is accustomed to carry, and as are offered for the place to which he carries. But he may refuseto receive them if he is full, or if they are dangerous to be carried, or for other good reasons. He may refuse to take them unless the chargesare paid; but if he agrees to take payment at the end of the route, hemay retain them there until the freight is paid. A carrier must deliverfreight in a reasonable time; but he is not liable for loss by thefreezing of a river or canal during his voyage, if he has used duediligence. 

§12. Proprietors of a stage coach do not warrant the safety ofpassengers as common carriers; and they are not responsible for mereaccidents to the persons of the passengers, but only for the want of duecare. Slight fault, unskillfulness, or negligence, either as to thesufficiency of the carriage, or to the driving of it, may render theowner responsible in damages for injury to passengers. But as publiccarriers, they are answerable for the loss of a box or parcel of goods, though ignorant of its contents, unless the owner fraudulently concealsthe value or nature of the article, or deludes the carrier by treatingit as of little or no value. Public carriers are responsible for thebaggage of their passengers, though they advertise it as being at therisk of the owners. 

Chapter LVIII. 

Principal and Agent, or Factor; Broker; Lien, &c. 

§1. An _agent_, or factor, is a person intrusted with the management ofthe business of another, who is called _principal_. The words _agent_and _factor_ both signify a deputy, a substitute, or a person actingfor another; but _agent_ seems to be the more comprehensive term, beingapplied to one who is intrusted by another with any kind of business;_factor_ more properly denotes an agent employed by merchants residingin other places to buy and sell, and transact certain other business ontheir account. A factor, from his being commissioned or authorized toact for his principal, and especially if allowed a commission, or acertain rate per cent, of the value of the goods bought or sold, iscalled a _commission merchant_. 

§2. If a factor advances money on property intrusted to him, he can holdit until the money shall be refunded, and all charges paid. If theactual owner of the property is unknown to the factor, the person inwhose name the goods were shipped, is to be deemed the owner. 

§3. The right of a factor to hold property against the owner insatisfaction of a demand, is called _lien_; and the factor may sell thegoods to satisfy his claim; but he must pay the surplus, if any, to theprincipal or owner. A factor can not pledge goods intrusted to him forsale, as security for his own debts. If he disposes of merchandiseintrusted or consigned to him, and applies the avails to his own use, with intent to defraud the owner, he may be punished by fine andimprisonment. 

§4. How far, in ordinary business, a principal is bound by the acts ofan agent, it is not easy to determine. As a general rule the acts of ageneral agent; that is, one who either transacts all kinds of businessfor his employer, or who does all acts connected with a particularbusiness or transaction, or which relate to some particular departmentof business, bind his principal, so long as he keeps within the generalscope of his authority, though he may in some special cases act contraryto his private instructions. But an agent employed for a particularpurpose, if he goes beyond the limits of his power, does not bind hisprincipal. 

§5. An agent is bound, in ordinary cases, to observe the instructions ofhis principal, even though an act contrary to such instructions shouldbe intended for the benefit of the principal. The agent must bear, personally, all losses growing out of a non-compliance with his orders;and the profit accruing therefrom goes to the benefit of the principal. An agent, however, is excused from a strict compliance with his orders, if, after receiving them, some sudden and unforeseen emergency hasarisen, in consequence of which such compliance would operate as aninjury to the principal, and frustrate his intention. 

§6. When an agent receives no instructions, he must conform to the usageof trade, or to the custom applicable to the particular agency; and anydeviation therefrom, unless justified by the necessity of the case, renders him solely liable for any loss or injury resulting from it. 

§7. An agent is bound to exercise ordinary diligence and reasonableskill; and he is responsible only for the want thereof. Ordinarydiligence is that which persons of common prudence use in conductingtheir own affairs. Reasonable skill is that usually possessed by personsof common capacity employed in the same business. 

§8. If an agent exceed the limits of his authority, he becomespersonally responsible to the person with whom he deals, if thelimitations of his authority are unknown to such person. He is in likemariner responsible, if he makes a contract in his own name; or if hedoes not disclose the name of the principal, so as to enable the partywith whom he deals to have recourse to the principal in case the agenthad authority to bind him. And if the agent even buys in his own name, but for the principal, and without disclosing his name, the principalalso is bound, provided the goods come to his use. Also if the principalis under age, or a lunatic, or otherwise incompetent to contract, theagent is liable. 

§9. A _broker_ is an agent employed to negotiate sales between partiesfor a compensation in the form of a commission, which is commonly called_brokerage_. His business consists chiefly in negotiating exchanges; orin buying and selling stocks, goods, ships, or cargoes; or in procuringinsurances and settling losses; and as he confines himself to one or theother of these branches, he is called an exchange broker, stock broker, insurance broker, &c. A broker differs from a factor. He has not thecustody of the goods of his principal. He is merely empowered to effectthe contract of sale; and when this is done, his agency ends. If abroker executes his duties in such a manner that no benefit results fromthem, or is guilty of gross misconduct in selling goods, he is notentitled to a commission or compensation. 

§10. A _lien_, as the claim of a factor upon goods intrusted to him forsale, has been noticed. (§3. ) The right of lien extends to others thanfactors. It is intended also for the benefit of manufacturers, mechanics, and other persons carrying on business for the accommodationof the public. A tailor has a lien upon the garment made from another'scloth until he is paid for the making; a shoemaker upon the shoes madefrom another's leather; a blacksmith upon the horse he has shod; aninnkeeper upon the horse or goods of his guest; and common carriers uponthe goods they transport. But they cannot hold the property for anyother debt; nor can they sell it to satisfy their claim. Whenever aperson allows property to go out of his possession, he loses his lien. 

Chapter LIX. 

Partnership. 

§1. A partnership is an association formed by contract between two ormore persons, for joining their money, labor, or skill, in lawfulbusiness, the profits to be divided and the loss to be borne by thepartners in certain proportions. It is a partnership if one furnishesthe funds and the other performs the labor; or if, when no money isnecessary, each agrees to do his share of the labor. A partnership orassociation of this kind is denominated a _firm_, or _house_. 

§2. The act of any one of the firm is considered the act of all, andbinds all; and either of them is liable for all the debts. But if a billor note is drawn by one partner in his own name only, without appearingto be on partnership account, he alone is bound, though it were made fora partnership purpose. A partner buying goods on his own account for hisindividual use, is alone liable; but if they afterward go to the use ofthe partnership, all become responsible. 

§3. Sometimes a person agrees to receive, by way of rent, a portion ofthe profits of a farm, a tavern, or a manufactory; or an agent or aclerk receives a share of the profits for his labor. But as there is inthese cases no partnership, the persons who buy the stock and hire thelabor are alone responsible. 

§4. All the partners must unite in suing and being sued. One who shouldconceal his name so as not to be known when the debt is contracted, maybe sued when discovered to be a partner, if he shares in the profits ofthe trade. 

§5. A partner cannot sell his interest to another person, who is to takehis place in the partnership, without the consent of all the partners:nor can a partner, without such consent, withdraw when he pleases, anddissolve the partnership, except in cases in which the partnership iswithout any definite term. A partnership is dissolved by the death, insanity, bankruptcy, or other inability of one of the parties. 

§6. When a partnership is dissolved by the withdrawal of any of thepartners, notice of dissolution ought to be duly published, or a firmmay be bound by a contract made by one partner in the usual course ofbusiness and in the name of the firm, with a person who contracted onthe faith of the partnership, and who had no notice of the dissolution. The same notice is necessary to protect a retiring partner fromcontinued responsibility. And even if due notice is given, yet, if hewillingly suffers his name to continue in the firm, or in the title ofthe firm over the door of the shop or store, he may in certain cases beliable. 

§7. In some of the states, a partnership may be formed by a number ofpersons, some of whom are to be responsible only to a limited amount;and their names are not to be used in the firm. Before a partnership ofthis kind can do business, a writing and certificate signed by theparties stating the terms of partnership, and the amount for which the_special partners_ (as they are called) are to be responsible must berecorded. The terms of partnership must also be published in anewspaper. 

§8. In these _limited_ partnerships, as they are termed, the specialpartners are liable only to the amount stated in the terms ofpartnership. The other partners, called _general partners_, whose namesonly are used, and who transact the business, are liable for all thedebts contracted, as in ordinary partnerships. If such partnership is tobe dissolved by act of the parties before the expiration of the term forwhich it is formed, notice of dissolution must be filed and recorded, and published in a newspaper. Such is the law in the state of New York;and it is presumed to agree, in its most essential provisions, with thelaws of the other states in which these partnerships are authorized. 

Chapter LX. 

Promissory Notes. 

§1. A promissory _note_ is a written promise to pay a specified sum at acertain time, to a person named, or to his order, or to the bearer. Acommon form of a note is the following:

 $100. Albany, June 9, 1859. 

 Three months after date, I promise to pay to James Smith, or bearer, one hundred dollars, value received. 

 John Brown. 

§2. A note thus payable to Smith or bearer, or to him or his order, iscalled _negotiable_, because it may be sold or transferred to any otherperson, who has the same power to sue for and collect the money, asSmith, the original promisee. If it were made payable to Smith _ororder_, he must indorse it by writing his name on the back of it, beforeit would pass as a negotiable note. The indorsement is considered as theorder of Smith to the maker to pay it to any other person. But, thoughnot negotiable, it might be transferred; but the holder must sue in thename of Smith, and Brown might offset any demands which he has againstSmith. 

§3. An indorsement, made by writing the name only on the back of a note, is called a _blank_ indorsement. A full indorsement is one which pointsout the person to whom the note is to be paid. A blank indorsement maybe filled up at any time by the holder. For example: A note is payableto "John Jay or order, " or to "the order of John Jay, " who indorses itin blank which makes it payable to any other holder. Now if any holderor indorsee wishes it paid to any particular person, he fills up theblank by writing a request to that effect above the name of theindorser, thus: "Pay to George Bruce, " or "Pay to George Bruce ororder;" who, again, may by indorsement order it paid to some particularperson. Or, if he should indorse it in blank, or order it paid "to the_bearer_, " it would again pass, as at first, by mere delivery. 

§4. In common business transactions in the country, notes intended to benegotiable are usually made payable to bearer, as in the form given. (§1. ) The young reader, or other person inexperienced in business, maynot know why they are not always so written. The making of a notepayable to order protects the holder or owner in case the note should belost. Take, for example, the note supposed in the preceding section, indorsed in blank. Suppose the owner resides in Buffalo, and the makerin Detroit. The owner writes over the name of John Jay, "Pay to GeorgeBruce, " also residing in Detroit, to whom it is sent by mail, to be byhim presented to the maker for payment. And should the note by accidentor fraud fall into the hands of another, it being payable to Bruce only, or to his order, the parties are protected from loss. 

§5. As a contract is not binding without a valuable consideration, (Chap. LIV, §6, ) the words "value received" are inserted in notes, asevidence of such consideration. But where there is no statute requiringthe insertion of these words, a note is good without them. Whether theyare inserted or not, the note is presumed to have been given for avaluable consideration; and the maker, to avoid his obligation to payit, must make it appear that no value was received. 

§6. A note made by two or more persons may be joint or joint or several. When it is written, "We promise to pay, " it is only a joint note, andall must be sued together. If written, "We jointly and severally promiseto pay, " they may be sued either jointly or separately. Also if written"I promise to pay, " it is treated as a joint and several note. A notewritten, "We promise, " and signed, A. B. , principal, and C. D. , security, is the joint note of both; and if written, "I promise, " andsigned in the same manner, it is the joint and several note of both. 

§7. Any person having in possession a negotiable note, though a mereagent, is deemed the true owner, and may sue it in his own name, withoutshowing title. The _bona fide_ holder can recover upon the paper, thoughit came to him from a person who had stolen or robbed it from the trueowner; provided he took it innocently in the course of trade for avaluable consideration before it was due, and with due caution. But ifsuspicion is cast upon the title of the holder, by showing that theinstrument has got into circulation by force or fraud, then the holdermust show the consideration he gave for it. 

§8. Ordinarily, a person can not convey to another a valid title toproperty which is not lawfully his own; and hence the purchaser ofstolen goods must give them up to the lawful owner. The exception tothis rule, in the case of promissory notes, seems to be founded inreason and good policy. The use of negotiable paper in commercialtransactions is of great public convenience; and it is proper that, forthe sake of trade, protection should be given to the holder of suchpaper who receives it fairly in the way of business, though it has beenpaid, if he received it before it fell due. 

§9. But it is equally material for the interests of trade, that theowner should have due protection. Hence if a person takes a note from astranger without inquiring how he came by it; or does not take it in theusual course of business, or for some responsibility incurred on thecredit of the note, he takes it at his peril. But the owner, in order toplace his right to relief beyond question, ought to use diligence inapprising the public of the loss of the note. 

§10. A person buying a note after it has become due, takes it at hisperil. Although the holder may sue it in his own name, the maker mayoffset any demands which he had against the promisee before it wastransferred, as in the case of notes not negotiable. (§2. ) But whennotes in which no day of payment is expressed comes under this rule, isa question to be determined by circumstances. In New Jersey andPennsylvania, the words "without defalcation or discount, " or words tothat effect, must be inserted in notes, or they may be met by offsets asnotes that are bought after due. 

§11. A note made payable in some commodity is not negotiable. If it isnot paid according to the conditions therein expressed, the makerbecomes liable to pay in cash. But in either case, if it passes to athird person, he can sue it only in the name of the promisee or payee;and it may be met by offsets as other notes not negotiable, (§2, ) andnotes bought after due. (§10. )

§12. Notes payable _on demand_, or in which no time of payment ismentioned, are due immediately, and no demand of payment is necessary. But a note payable _at sight_, or at a specified time after sight, mustbe presented for payment before it can be sued. If the words "withinterest" are omitted, interest commences at the time the note becomesdue. If payable on demand, it will draw interest from the time whenpayment is demanded. 

§13. After the day on which a note is made payable, the maker has threedays in which to make payment, which are called _days of grace_. Hence, a note payable on the first day of the month is not due and suable untilthe fourth. If, however, the last day of grace falls on Sunday, or thefourth of July, or any other day recognized by law as a holiday, or dayof public rest, the last day of grace would be a day earlier. If thefourth of July or any other holiday should come on Saturday, the notewould be due on Friday. Or if such day should fall on Monday, the lastday of grace would be Saturday. 

§14. To hold the indorser of a note responsible, payment must bedemanded of the maker on the last day of grace. As to the time of daywhen the demand should be made, it is considered that the maker isentitled to the latest convenient time within the customary businesshours of the place where the note is presented. 

§15. If payment has been demanded and refused, notice thereof must begiven to the indorser; and one entire day is allowed the holder to givethe notice. If the demand is made on Saturday, it is sufficient to givenotice on Monday. If the indorser resides in the same town, he may benotified personally by the holder, or by a messenger sent to hisdwelling-house, where notice may be given personally, or left in a waylikely to bring it to his knowledge. If the parties reside in differenttowns, notice may be sent by mail; in which case, the notice must beput into the post-office, as early as the next day after the last day ofgrace, so as to be forwarded as soon as possible thereafter: or noticemay be sent by a private conveyance or a special messenger. 

§16. If, in consequence of the removal of the maker before the notebecomes due, or from any other cause, his residence is unknown, theholder must make endeavors to find it, and make the demand there;though, if he has removed out of the state, it is sufficient to presentthe note at his former place of residence. If the maker has absconded, that will, as a general rule, excuse the demand. 

§17. Notes, on being transferred, are guarantied by indorsement. If aperson simply writes his name on the back, he is liable as indorseronly. If he guarantees "the payment of the note, " he is generallyconsidered liable as an original promisor. If he guaranties the note"good, " or "collectable, " the maker, and the indorsers also, if any, must be sued, before the guarantor is liable. Strict notice to aguarantor is not required to bind him, as in the case of an indorser. But to hold him liable in case immediate notice is not given, or thenote is not immediately sued, it must be shown that he has not sufferedinjury from want of notice, or that the note was not collectable of themaker or indorsers when due. But the kind of liability incurred, whetherthat of indorser, original promisor, or surety, by indorsing a note orguarantying payment, is not the same in all the states. There are sundryother points in the law relating to promissory notes, on which thestatutes and judicial decisions are not uniform in all the states. 

Chapter LXI. 

Bills of Exchange; Interest; Usury. 

§1. A bill _of exchange_ is a written order or request to a person in adistant place, to pay a third person a certain sum of money. Thefollowing is a common form:

 $1, 000. New-York, August 10, 1859. 

 Twenty days after date, (or at sight, or ten days after sight, ) pay to the order of John Stiles, one thousand dollars, value received, and charge the same to account of

 To George Scott, Thomas Jones. 

 New Orleans, La. 

§2. Bills drawn on persons in foreign countries, are called _foreign_bills of exchange; those drawn on persons in distant places in our owncountry, are called _inland_ bills of exchange. To persons in mercantilebusiness they are of great convenience, as will be seen from thefollowing example of their nature and operation. 

§3. A, in New-York, has $1, 000 due him from B, in New Orleans. A drawsan order on B for that sum, and C, who is going to New Orleans, pays Athe money, takes the order, and receives his money again of B. Thus A isaccommodated by receiving his debt against B, and O has avoided the riskof carrying the money from place to place. A, who draws the order, orbill, is called the _drawer_. B, to whom it is addressed, is the_drawee_; C, to whom it is made payable, is the _payee_. As the bill ispayable to C, or his order, he may, by indorsment, direct the bill to bepaid to D; in which case C becomes the _indorser_, and D, to whom thebill is indorsed, is called the _indorsee_ or _holder_. 

§4. If, when a bill is presented to the drawee, he agrees to pay it, heis said to _accept_ the bill, and writes his acceptance upon it. Anacceptance may, however, be by parol. The acceptor of a bill is theprincipal debtor; the drawer, the surety. The acceptor is bound, thoughhe accepted without consideration, and for the sole accommodation ofthe drawer. But payment must be demanded on the last day of grace; and, if refused, notice of non-payment must be given to the drawer, as in thecase of an indorsed promissory note. (Chap. LX, §15. )

§5. No precise time is fixed by law at which bills payable at sight or acertain number of days after sight, must be presented to the drawee foracceptance; though an unreasonable delay might discharge the drawer. Abill payable on a certain day after date, need not be presented beforethe day of payment, but if presented before due, and acceptance isrefused, it is dishonored; and notice must be given immediately to thedrawer. If a bill has been accepted, payment must be demanded of theacceptor, when the bill falls due; and if no place is appointed forpayment, the demand must be made at his house or residence, or upon himpersonally. 

§6. A check upon a bank, (Chap. XXIV, §3, ) is another kind of negotiablepaper. It partakes more of the nature of a bill of exchange than of apromissory note. It is not a direct promise to pay; but it is anundertaking, by the drawer, that the drawee shall accept and pay; andthe drawer is answerable only when the drawee fails to pay. A checkpayable to bearer passes by delivery; and the bearer may sue on it as onan inland bill of exchange. 

§7. When a foreign bill of exchange is to be presented for acceptance orpayment, demand is usually made by a _notary public_; and in case ofrefusal, his certificate of the presentment of the bill and of therefusal, is legal proof of the fact in any court. This certificate iscalled _protest_, which means, _for proof_. A protest may be noted onthe day of the demand; though it may be drawn up in form at a futureperiod. Notaries are appointed in all towns and cities of commercialimportance. 

§8. A protest of an inland bill of exchange is not generally deemednecessary in this country; though it is the practice to have bills, drawn in one state on persons in another, protested by a notary. Noprotest is legal evidence in court, except in the case of a foreignbill. Yet it is expedient, in many cases of inland bills, to employnotaries when evidence is to be preserved, because they are easily foundwhen wanted as witnesses. In some states, bills drawn in one state andpayable in another, are deemed foreign bills; and their protest as suchis required. Notes payable at banks are also protested for non-payment. 

§9. _Interest_ is a premium paid for the use of money, or a profit percent, received for money lent, or on an unpaid demand. Thus a personlends $1, 000 to another person, who pays for the use of it six per cent, a year, or $6 for every hundred, as interest. The rate of interest isfixed by a law of the state. 

§10. The established lawful rates of interest in the several states areas follows: _Six_ per cent, in all but the following: In New-York, Michigan, Wisconsin, Minnesota, _seven_ per cent. ; in Alabama and Texas_eight_ per cent. ; in Louisiana, _five_ per cent. ; bank interest _six_;in California, _ten_ per cent. But there may be taken by specialagreement, in Florida and Louisiana, _eight_ per cent. ; in Mississippi, Arkansas, Ohio, Missouri, Iowa, _ten_; in Texas and Wisconsin, _twelve_;in Minnesota and California, any rate. In Illinois and Michigan, formoney loaned, it may be _ten_. In Mississippi, for the _bona fide_ useof money _eight_ per cent. 

§11. A rate of interest beyond that which is established by law, is_usury_. Not only can no more be collected on any contract or obligationthan the legal rate, but in most of the states there is some forfeiturefor taking usurious interest. In a few, the obligation is void, and thepayment of no part of the debt can be enforced by law; in others, twiceor thrice the excess above the lawful interest is forfeited; and insome, only the excess paid can be recovered. 

Chapter LXII. 

Crimes and Misdemeanors. 

§1. The statutes of each state define the crimes of which its laws takecognizance. The definitions given in this chapter, agree substantially, it is presumed, with those of similar crimes in every state in theunion. The statutes also prescribe the penalties, which are notprecisely the same in all the states. Nor is there in any state an equalmeasure of punishment inflicted in all cases for the same offense. Thelaws usually declare the longest and the shortest terms of imprisonment, and the highest and lowest fines, leaving the exact measure ofpunishment, except for crimes punishable by death, to the discretion ofthe judges, to be fixed according to the aggravation of the offense. 

§2. The laws of the several states differ in respect to the number ofcrimes made punishable by death. In some states the penalty of death isannexed to the crime of murder only. Treason is punishable by death; butas this offense is defined and made punishable by the laws of the UnitedStates, not all the states take cognizance of it. If committed in suchstates, it is tried in the courts of the United States. In New York, murder, treason, and arson in the first degree, are punishable by death. Few states make more than these crimes thus punishable. In two or threestates, the penalty of death has been abolished, and imprisonment forlife substituted. 

§3. Crimes punishable by death, are called _capital_ crimes, and theirpunishment is called _capital_ punishment. The word capital is from theLatin _caput_, which means head; and so has come to signify the highestor principal. Hence, probably, the application of the word capital tothe principal crimes receiving the highest punishment, which wasformerly practiced extensively in other countries by beheading or_decapitating_ the criminals. 

§4. _Treason_ is defined by statute to be, levying war in any stateagainst the people of the state; or a combination of two or morepersons, attempting by force to usurp or overturn the government of thestate; or in adhering to enemies of the state while separately engagedin war with a foreign enemy, and giving them aid and comfort. 

§5. _Murder_ is the killing of a person deliberately and maliciously, and with intent to effect death; or killing a person in committing someother crime, though not with a design to effect death; or in killing aperson purposely and without previous deliberation. The less aggravatedcases of murder, are in some states distinguished as murder in thesecond degree, and punished by imprisonment for a long term, or forlife. 

§6. _Manslaughter_ is killing a person either upon a sudden quarrel, orunintentionally while committing some unlawful act. The statutes of NewYork define four different degrees of manslaughter. 

§7. _Arson_ is maliciously burning any dwelling-house, shop, barn, orany other building, the property of another. Arson in the first degree, which is burning an inhabited dwelling _in the night time_, is in somestates punishable with death. 

§8. _Homicide_ signifies mankilling. It is of three kinds: felonious, justifiable, and excusable. When felonious, it is either murder ormanslaughter. _Justifiable_ homicide is that which is committed in thenecessary defense of one's person, house, or goods, or of the person ofanother when in danger of injury; or that which is committed in lawfullyattempting to take a person for felony committed, or to suppress a riot, or to keep the peace. _Excusable_ homicide is the killing of a person byaccident, or while lawfully employed, without any design to do wrong. Inthe two last cases there is no punishment. 

§9. Intentionally _maiming_ another by cutting out or disabling thetongue or any other member or limb; inveigling or _kidnapping_;_decoying_ and taking away children; _exposing children_ in the streetto abandon them; committing or attempting an assault with _intent tokill_, or to commit any other felony, or in resisting the execution of alegal process; _administering poison_ without producing death;_poisoning any well_ or spring of water; are all felonies, andpunishable as such. 

§10. _Burglary_ is maliciously and forcibly breaking into and enteringin the night time, any dwelling-house or other building, with intent tocommit a crime. Breaking into and entering a house by day, is considereda minor degree of burglary. 

§11. _Forgery_ consists in falsely making, counterfeiting, or alteringany instrument of writing, with intent to defraud. The word_counterfeiting_ is generally applied to making false coin or banknotes, or in passing them; or in having in possession any engravedplate, or bills unsigned, which are intended to be used for thesepurposes. 

§12. _Robbery_ is the taking of personal property from another in hispresence and against his will, by violence, or by putting him in fear ofimmediate injury to his person. Knowingly to send or deliver, or to makefor the purpose of being sent, a letter or writing, threatening toaccuse any one of crime, or to do him some injury, with intent to extortor gain from him any money or property, is considered an _attempt torob_, for which the offender may be imprisoned. 

§13. _Embezzlement_ is fraudulently putting to one's own use what isintrusted to him by another. To buy or receive property knowing it tohave been embezzled, is to be guilty of the same offense. Embezzling isusually punishable in the same manner as larceny of the same amount. 

§14. _Larceny_ is theft or stealing. The stealing of property above acertain amount in value is called _grand larceny_, and is a state prisonoffense. If the value of the property stolen is of less amount, theoffense is called _petit larceny_, and is punished by fine orimprisonment in jail or both. 

§15. _Perjury_ is willfully swearing or affirming falsely to anymaterial matter, upon an oath legally administered. _Subornation ofperjury_ is procuring another to swear falsely; punishable as perjury. 

§16. _Bribery_ is promising or giving a reward to a public officer, toinfluence his opinion, vote or judgment. A person _accepting_ suchbribe, is punishable in the same manner, and forfeits his office, and, in some states, may never hold another public trust. This offense is notin all the states punishable by imprisonment in the state prison. 

§17. _Dueling_ is a combat between two persons with deadly weapons. Killing another in a duel is murder, and punishable with death. If deathdoes not ensue, imprisonment. Challenging, or accepting a challenge tofight, or to be present as a second, imprisonment. Dueling is not apunishable offense in every state. 

§18. Aiding or attempting to aid a prisoner committed for felony, to_escape from confinement_, or forcibly rescuing a prisoner charged withcrime, from the custody of a public officer, is a crime. If the offensefor which the prisoner is committed is less than felony, the punishmentis imprisonment in jail, or fine, or both. 

§19. _Bigamy_ is the crime of having two or more wives, and is alsocalled _polygamy_. But bigamy literally signifies having _two_ wives, and polygamy any number more than one. These words, in law, are appliedalso to women having two or more husbands. A person having a lawfulhusband or wife living, and marrying another person, is guilty ofbigamy. An unmarried person, also, who shall marry the husband or wifeof another, is punishable in like manner. 

§20. _Incest_ is the marrying or cohabiting together as husband andwife, of persons related to each other within certain degrees. 

§21. _Opening a grave_ and removing a dead body for any unlawfulpurpose, or purchasing such body knowing it to have been unlawfullydisinterred, is a crime. This offense is in some states punishable byimprisonment in a county jail, or by fine, and not in a state prison. 

§22. Persons sometimes advise or are knowing to the commission offelonies, but are not actually engaged in committing them. Such are_accessories_. He who advises or commands another to commit a felony, iscalled an _accessory before the fact_, and is punished in the samemanner as the principal. If he conceals the offender after the offensehas been committed, or gives him any aid to prevent his being brought topunishment, he is an _accessory after the fact_, and may be imprisonedor fined. 

§23. _Assault and Battery_ is unlawfully to assault or threaten, or tostrike or wound another. Besides being liable to fine and imprisonment, the offender is liable also to the party injured for damages. 

§24. A _riot_ is the assembling together of three or more persons, withintent forcibly to injure the person or property of another, or to breakthe peace; or agreeing with each other to do such unlawful act, andmaking any movement or preparation therefor, though lawfully assembled. When riotous persons are thus assembled, and are proceeding to commitoffenses, any judge, justice, sheriff, or other ministerial officer, mayin the name of the state, command them to disperse. If they refuse, thepeace officers are required to call upon all persons near to aid intaking the rioters into custody. Persons refusing to assist may befined. 

§25. A sheriff or other officer voluntarily suffering a prisoner chargedwith or convicted of an offense, to _escape_, from his custody, isguilty of a misdemeanor. To _rescue_ a prisoner thus charged orconvicted, is punishable in a similar manner. It is also a misdemeanorto assist a criminal, with a view to effect his escape, though he doesnot escape from jail. 

§26. A person taking upon himself to act as a public officer, and takingor keeping a person in custody unlawfully or without authority, is_false imprisonment_; for which the offender may be fined or imprisoned. 

§27. The offenses mentioned in the last four sections, being of a lowergrade than those defined in the preceding sections, and not beingpunishable in a state prison, are usually called _misdemeanors_, and arepunishable by fine or imprisonment in a county jail. There are numerousother misdemeanors and immoralities, as profane cursing and swearing, betting and gaming, horse racing, disturbing religious meetings, sabbath-breaking, trespasses and injury to property, and many disorderlypractices, all of which are punishable in a like manner. 

Law of Nations. 

Chapter LXIII. 

Origin and Progress of the Law of Nations; the Natural, Customary, andConventional Laws of Nations. 

§1. The _law of nations_ consists of those rules by which intercoursebetween nations is regulated. In its present improved state, the law ofnations has not long existed. Ancient nations were little governed bythe principles of natural justice. Little respect was paid by one nationto the persons and property of the citizens of another. Robbery on landand sea was not only tolerated, but esteemed honorable; and prisoners ofwar were either put to death, or reduced to slavery. By this rule ofnational law, commerce was destroyed, and perpetual enmity kept upbetween nations. 

§2. Within the last three or four centuries, essential improvement inthe law of nations has been made. By the light of science andChristianity, the rights and obligations of nations have come to bebetter understood, and more generally regarded. Commerce also has donemuch to improve the law, by showing that the true interests of a nationare promoted by peace and friendly intercourse. 

§3. Hence we find the nations of Europe and America recognizing the samerules of international law. And as the light and power of Christianityshall increase, the law of nations will undergo still furtherimprovements. And it is to be hoped, that, as one of these improvements, the practice of settling national disputes by war will be abolished, andthe more rational and humane course be adopted, of referringdifficulties which the parties are incapable of adjusting, to somedisinterested power for adjudication. 

§4. There are, in every nation or state, courts of justice to try andpunish offenders; but there is no tribunal before which one nation canbe brought to answer for the violation of the rights of another. Everynation, however small and weak, is independent of every other. Therefore, when injuries are committed by one upon another, the offendedparty, unless it chooses quietly to endure the wrong must seek redress, either by appealing to the sense of justice of the party offending, orby a resort to force. 

§5. Every nation has a right to establish such government as it thinksproper; and no other nation has a right to interfere with its internalpolicy. To this rule, however, some writers make an exception. They holdthat the natural right of a state to provide for its own safety, givesit the right to interfere where its security is seriously endangered bythe internal transactions of another state. But it is admitted that suchcases are so very rare, that it would be dangerous to reduce them to arule. 

§6. So cases seldom arise in which one nation has a right to assist thesubjects of another in overturning or changing their government. It isgenerally agreed, that such assistance may be afforded consistently withthe law of nations, in extreme cases; as when the tyranny of agovernment becomes so oppressive, as to compel the people to rise intheir defense, and call for assistance. When the subjects of anygovernment have carried their revolt so far as to have established a newstate, and to give reasonable evidence of their ability to maintain agovernment, the right of assistance is unquestionable. But it is notclear that, prior to this state of progress in a revolution, the rightto interpose would be justifiable. 

§7. There is a sense, however, in which nations are not whollyindependent. Mankind in the social state, as we have seen, are dependentupon each other for assistance. (Chap. I, §2. ) Such is, in a measure, the mutual dependence of nations. Although the people of every nationhave within themselves the means of maintaining their individual andnational existence, their prosperity and happiness are greatly promotedby commerce with other nations. And as laws are necessary to govern theconduct of the individual citizens of a state, so certain rules arenecessary to regulate the intercourse of nations. 

§8. It has been observed, also, that the law of nature is a perfect rulefor all moral and social beings, and ought to be universally obeyed. Equally binding is this law upon nations. It requires each nation torespect the rights of all others, and to do for them what theirnecessities demand, and what it is capable of doing, consistently withthe duties it owes to itself. And the general good of mankind is asreally promoted by the application of this law to the affairs ofnations, as by its application to the affairs of individuals. 

§9. The law of nature applied to nations or states as moral persons, iscalled the _natural law of nations_. It is also called the _necessarylaw of nations_, because nations are morally bound to observe it; andsometimes the _internal law of nations_, from its being binding on theconscience. 

§10. Although the law of nature, as expressed in the law of revelation, is a correct rule of human conduct; yet, as much of this law consists ofgeneral principles from which particular duties can not always bededuced, positive human enactments are necessary to define the law ofnature and revelation. So an important part of the law of nationsnecessarily consists of positive institutions. Hence some writers havedivided international law under these two principal heads: the _natural_law of nations, and the _positive_. 

§11. The _positive law of nations_ is founded on usage or custom andagreement, and may be considered as properly divided into the_customary_ law of nations, and the _conventional_. The _customary lawof nations_ consists of certain maxims, or is founded on customs andusages which have been long observed and tacitly consented to bynations, and have thereby become binding upon all who have adopted them, so far as their observance does not require a violation of the law ofnature. 

§12. A _conventional law of nations_ is one that has been established bya treaty or league. The word _convention_ usually signifies an assemblyof persons met for some benevolent, political, or ecclesiasticalpurpose. It also signifies a treaty, or agreement between nations; andsuch agreement or contract, though made without a formal meeting, isdeemed conventional. 

§13. As the law of nature is liable to misconstruction, and as the lawof usage or custom is vague and uncertain, _conventional_ law, becausemore definite, has been found to afford greater security to the rightsof commerce. Hence the practice, now so common among nations, ofregulating their intercourse by negotiation. By treaties, the rights ofthe contracting parties are placed beyond dispute. 

§14. But it may be said, if each nation is independent of every other, and if there is no constituted authority to enforce the fulfillment oftreaty stipulations, the rights guarantied by treaties are stillinsecure. But few governments are so devoid of a sense of honor as, by apalpable violation of treaty obligations, to incur the odium andcondemnation of all mankind. Self-respect and the fear of provoking awar, have generally proved sufficient incentives to the observance oftreaties. 

§15. The obligations of nations are sometimes called _imperfect_. A_perfect obligation_ is one that can be enforced--one that exists wherethere is a right to compel the party on whom the obligation rests tofulfill it. An _imperfect obligation_ gives only the right to demand thefulfillment, leaving the party pledged to judge what his duty requires, and to do as he chooses, without being constrained by another to dootherwise. 

Chapter LXIV. 

The Jurisdiction of Nations; their mutual Rights and Obligations; theRights of Embassadors, Ministers, &c. 

§1. The seas are regarded as the common highway of nations. The mainocean, for navigation and fishing, is open to all mankind. Every state, however, has jurisdiction at sea over its own subjects in its own publicand private vessels. The persons on board such vessels are protected andgoverned by the laws of the country to which they belong, and may bepunished by these laws for offenses committed on board of its publicvessels in foreign ports. 

§2. The question how far a nation has jurisdiction over the seasadjoining its lands, is not clearly settled. It appears to be generallyconceded, that a nation has a right of exclusive dominion over navigablerivers flowing through its territory; the harbors, bays, gulfs, and armsof the sea; and such extent of sea adjoining its territories as isnecessary to the safety of the nation, which is considered by some to beas far as a cannon shot will reach, or about a marine league. 

§3. It is the duty of a nation in time of peace, to allow the people ofother states a passage over its lands and waters, so far as it can bepermitted without inconvenience, and with safety to its own citizens. Ofthis the nation is to be its own judge. The right of passage is only an_imperfect right_, because the obligation to grant the right is an_imperfect obligation_. (Chap. LXIII, §15. )

§4. In general, it is the duty of a nation to allow foreigners to enterand settle in the country. On being admitted into a state, the statebecomes pledged for their protection, and they become subject to itslaws; and in consideration of the protection they receive, they areobliged to aid in defending it, and in supporting its government, evenbefore they are admitted to all the rights of citizens. 

§5. But no state is bound to shelter criminals fleeing into it from aforeign state. They can be tried only in the state whose laws they haveviolated. It is therefore the duty of the government to surrender afugitive on demand of the proper authorities of the state from which hefled, if, after due examination by a civil magistrate, there shallappear sufficient grounds for the charge. The surrender of criminals issometimes provided for in treaties. 

§6. The rule which makes foreigners amenable to the laws of the state inwhich they remove, does not apply to embassadors. They are notresponsible to the laws of the country to which they are sent, even whenguilty of crime. When their conduct is dangerous to the government andits citizens, all that can be done is, either to deprive them of libertyby confinement, or to send them home and demand their punishment. Asevery nation has a right to treat and communicate with all others, itought not to be deprived of the services of its representative. Hence, the persons and property of all public ministers are held sacred andinviolable. 

§7. Embassadors are entitled to the same protection in the countriesthrough which they pass in going to, and returning from the governmentto which they are sent. And to insure them a safe passage, somegovernments have given them passports to be shown if required. A_passport_ is a written license from the authority of a state grantingpermission or safe conduct for one to pass through its territory. Passports, though named in our law, are not known in practice, beingdeemed unnecessary. 

§8. If a minister at a foreign court treats the sovereign withdisrespect, the fact is sometimes communicated to the government thatsent him, with a request for his recall. Or, if the offense is a moreserious one, the offended sovereign refuses intercourse with him whilehis master's answer is awaited. Or, if the case is an aggravated one, heexpels him from the country. 

§9. Ministers at foreign governments, in their negotiations or businesscorrespondence with those governments, sometimes consider themselves illtreated, and their own nation dishonored, and take their leave andreturn home; or the minister informs his sovereign, who either recallshim, or takes such other measure as he thinks the honor and interest ofhis nation demand. 

§10. The peculiar condition of a country, the nature of the businessupon which an embassador is sent, or the personal character of theembassador, may be such as to justify a government in refusing toreceive him. But to preserve the friendly relations of the twocountries, satisfactory explanations ought to be made, or good reasonsoffered for the refusal. 

§11. A minister can not bind his sovereign to any treaty or agreement, conclusively, under the authority of an ordinary credential, or letterof attorney. He can not do so without a special power, containingexpress authority so to bind his principal. Ministers act under secretinstructions which they are not bound to disclose. Even the treatiessigned by plenipotentiaries, (a word signifying full power, ) are, according to present usage, of no force, until ratified by theirgovernments. 

§12. Consuls are not entitled to the privilege enjoyed by ministers, but are subject to the laws of the country in which they reside. Theirprincipal duties have been described. (Chap. XL, §9. ) The office ofconsul has been found to be one of great utility; hence, every tradingnation has a consul in every considerable commercial port in the world. As in the case of ministers, consuls carry a certificate of theirappointment, and must be acknowledged as consuls by the government ofthe country in which they reside, before they can perform any dutiespertaining to their office. 

Chapter LXV. 

Offensive and Defensive War; just Causes and Objects of War; Reprisals;Alliances in War. 

§1. Wars are offensive and defensive. The use of force to obtain justicefor injuries done, is _offensive war_. The making use of force againstany power that attacks a nation or its privileges, is _defensive war_. Awar may be defensive in its principles, though offensive in itsoperation. For example: one nation is preparing to invade another; butbefore the threatened invasion takes place, the latter attacks theformer as the best mode of repelling the invasion. In this case, theparty making the attack acts on the _defensive_. (§10. ) The contendingparties are called _belligerents_. The word _belligerent_ is from theLatin _bellum_, war, and _gero_, to wage or carry on. Nations that takeno part in the contest, are called _neutrals_. 

§2. War ought never to be undertaken without the most cogent reasons. Inthe first place, there must be a _right_ to make war, and _just grounds_for making it. Nations have no right to employ force any further than isnecessary for their own defense, and for the maintenance of theirrights. Secondly, it should be made from _proper motives_, the good ofthe state, and the safety and common advantage of the citizens. Hence, there may be, according to the law of nations, just cause of war, whenit would be inexpedient to involve the nation in such a calamity. 

§3. The numerous objects of a lawful war may be reduced to these three:(1. ) To recover what belongs to us, or to obtain satisfaction forinjuries. (2. ) To provide for our future safety by punishing theoffender. (3. ) To defend or protect ourselves from injury by repellingunjust attacks. The first and second are objects of an _offensive_ war;the third is that of a _defensive_ war. 

§4. Injury to an individual citizen of a state, by the subjects ofanother state, is deemed a just cause of war, if the persons offending, or the government of the state to which they belong, do not makereparation for the injury; for every nation is responsible for the goodbehavior of its subjects. But, although this would, according to the lawof nations, afford justifiable cause of war, neither the honor nor thetrue interest of a nation requires that war should always be made for soslight a cause. 

§5. Generally, the injury sought to be redressed should be serious, andsatisfaction be demanded and refused, before recourse should be had toarms. Where there is a question of right between the parties, thegovernment making war should have no reasonable doubt of the justice ofits claim. And even when no such doubt exists, it would be the duty ofsuch government to prevent a war, if possible, by proposals ofcompromise. It is believed that war ought in no case to be made, untilattempts have been made to effect an adjustment of difficulties bycompromise, or by offers to submit them for arbitration. 

§6. One of the means by which satisfaction is sought without making war, is that of _reprisals_. (Chap. XXXVI, §4, 5. ) If a nation has taken whatbelongs to another, or refuses to pay a debt, or to make satisfactionfor an injury, the offended nation seizes something belonging to theformer or to her citizens, and retains it, or applies it to her ownadvantage, till she obtains satisfaction: and when there shall be nolonger any hope of satisfaction, the effects thus seized areconfiscated. To _confiscate_ is to adjudge property to be forfeited, andto appropriate it to the use and benefit of the state. But as the lossin this case would fall upon unoffending citizens, it is the duty oftheir government to grant them indemnity. 

§7. But to justify reprisals by the law of nations, the grounds uponwhich they are authorized must be just and well ascertained. If theright of the party demanding satisfaction is doubtful, he must firstdemand an equitable examination of his claim, and next be able to showthat justice has been refused, before he can justly take the matter intohis own hands. He has no right to disturb the peace and safety ofnations on a doubtful pretension. But if the other party refuses to havethe matter brought to the proof, or to accede to any proposition toterminate the dispute in a peaceable manner, reprisals become lawful. 

§8. By treaties of alliance, nations sometimes agree to assist eachother in case of war with a third power. It is a question not clearlysettled, whether the government that is to afford the aid is bound to doso when it deems the war to be unjust. The reasonable conclusion seemsto be, that, in cases simply doubtful, the justice of the war is to bepresumed; and the government pledging its aid is bound to fulfill itsengagement. The contrary doctrine would furnish a nation with too readya pretext for violating its pledge. In cases only of the clearestinjustice on the part of its ally, can a nation rightfully avoid apositive engagement to afford assistance. 

§9. But when the object of the war is hopeless, or when the state undersuch engagement would, by furnishing the assistance, endanger its ownsafety, it is not bound to render the aid. But the danger must not beslight, remote, or uncertain. None but extreme cases would affordsufficient cause for withholding the promised assistance. 

§10. When the alliance is defensive, the treaty binds each party toassist the other only when engaged in a defensive war, and unjustlyattacked. By the conventional law of nations, the government that firstdeclares, or actually begins the war, is considered as making_offensive_ war; and though it should not be the first actually to applyforce, yet if it first renders the application of force necessary, it isthe aggressor; and the other party, though the first to apply force, isengaged in a _defensive_ war. (§1. )

Chapter LXVI. 

Declaration of War; its Effect upon the Person and Property of theEnemy's subjects; Stratagems in War; Privateering. 

§1. When a nation has resolved on making war, it is usual to announcethe fact by a public declaration. In monarchical governments, the powerto declare war, which of course includes the right of determining thequestion whether it shall be made, is vested in the king. In the UnitedStates, this power is, by the constitution, given to the representativesof the people, for reasons elsewhere stated. (Chap. XXXVI, §3. )

§2. It was usual, formerly, to communicate a declaration of war to theenemy. According to modern practice, a formal declaration to the enemyis not required. Any manifesto or paper from an official source, announcing that the country is in a state of war, is consideredsufficient. The recalling of a minister has alone been regarded as ahostile act, and followed by war, without any other declaration. Butsuch cases have not been frequent. Under ordinary circumstances, therecall of a minister is not an offensive act. 

§3. The government of a state acts for and in behalf of all itscitizens; and its acts are binding upon all. Hence, when war isdeclared, it is not merely a war between the two governments; all thesubjects of the government declaring it become enemies to all thesubjects of that against which it is declared. 

§4. Whether, on the occurrence of a war in any state, the subjects ofthe enemy found within the state may be detained as prisoners of war, and their movable property confiscated; or whether they are entitled toa reasonable time to retire with their effects, is a question upon whichwriters of public law are not agreed. Few civilized nations, at thepresent day, would deny such persons a reasonable time to retire withtheir property. Of houses and lands, all admit that only the income issubject to confiscation. The privilege spoken of, instead of being leftto uncertainty, is now, with great propriety, generally secured bytreaty. 

§5. When war is declared, all intercourse between the two countries atonce ceases. All trade between the citizens, directly or indirectly, isstrictly forbidden; and all contracts with the enemy made during the warare void. 

§6. Although a state of war makes all the subjects of one nation enemiesof all those of the other, they cannot lawfully engage in offensivehostilities without permission of their government. If they have nowritten commission as evidence of such permission, and if they should betaken by the enemy, they would not be entitled to the usual mildtreatment which other prisoners of war receive, but might be treatedwithout mercy as lawless robbers and banditti. 

§7. As the object of a just war is to obtain justice, a nation, when ithas declared war, has a right to use all necessary means, and no other, for attaining that end. A just war gives the right to take the life ofthe enemy; but there are limits to this right. If an enemy submits, andlays down his arms, we can not justly take his life. And justice andhumanity forbid that women, children, feeble old men, and sick persons, who make no resistance, should be maltreated. 

§8. Prisoners of war are not to be treated with cruelty. They may beconfined, and even fettered, if there is reason to apprehend that theywill rise against their captors, or make their escape. Prisoners of warare detained to prevent their returning to join the enemy, or to obtainfrom their government a just satisfaction as the price of their liberty. Prisoners may be kept till the end of the war. Then, or at any timeduring the war, the government may exchange them for its own soldierstaken prisoner by the enemy; or a ransom may be required for theirrelease. It is the duty of the government to procure, at its ownexpense, the release of its citizens. 

§9. Ravaging a country, burning private dwellings, or otherwise wantonlydestroying property, is not justifiable, except in cases of absolutenecessity. But all fortresses, ramparts, and the like, beingappropriated to the purposes of war, may be destroyed. 

§10. Stratagems and deceit to obtain advantage of an enemy, are, to someextent, justified by the law of nations; but in general they aredishonorable and wrong. 

§11. Spies are sometimes sent among an enemy, to discover the state ofhis affairs, to pry into his designs, and carry back information. Thisis a dishonorable office; spies, if detected, are condemned to death. 

§12. The rights of a nation in war at sea are essentially different fromthose in war upon land. The object of a maritime war is to destroy thecommerce and navigation of the enemy, with a view of weakening his navalpower. To this end, the capture or destruction of private property isnecessary, and is justified by the law of nations. Hence, for thepurpose of attack as well as defense, every nation of considerable poweror commercial importance, keeps a _navy_, consisting of a number of warvessels, ready for service. 

§13. Besides these national ships of war, there are armed vessels ownedby private citizens, and called _privateers_. Their owners receive fromthe government a commission to go on the seas, and to capture any vesselof the enemy, whether it is owned by the government or by privatecitizens, or whether it is armed or not. And to encourage privateering, the government allows the owner and crew of a privateer to keep theproperty captured as their own. 

§14. To prevent the abuse of this right, the owners are required to givesecurity, that the cruise shall be conducted according to instructionsand the usages of war; that the rights of neutral nations shall not beviolated; and that the captured property shall be brought in foradjudication. 

§15. When a prize is brought into a port, the captors make a writing, called _libel_, stating the facts of the capture, and praying that theproperty may be condemned; and this paper is filed in the proper court. If it shall be made to appear that the property was taken from theenemy, the court condemns the property as _prize_, which is then sold, and the proceeds are distributed among the captors. 

§16. All prizes, whether taken by a public or private armed vessel, primarily belong to the sovereign; and no person has any interest in aprize, except what he receives from the state: and due proof must in allcases be made before the proper court, that the seizure was lawfullymade. In this country, prizes are proved and condemned in a districtcourt of the United States, which, when sitting that purpose, is calleda _prize court_. 

Chapter LXVII. 

Rights and Duties of Neutral Nations; Contraband Goods; Blockade; Rightof Search; Safe Conducts and Passports; Truces; Treaties of Peace. 

§1. A neutral nation is bound to observe a strict impartiality towardthe parties at war. If she should aid one party to the injury of theother, she would be liable to be herself treated as an enemy. A loan ofmoney to one of the belligerents, or supplying him with other means ofcarrying on a war, if done with the view of aiding him in the war, wouldbe a violation of neutrality. But an engagement made in time of peace tofurnish a nation a certain number of ships, or troops, or other articlesof war, may afterward, in time of war, be fulfilled. 

§2. A nation is not bound, however, on the occurrence of a war, tochange its customary trade, and to cease supplying a belligerent witharticles of trade which such belligerent was wont to receive from her, although the goods may afford him the means of carrying on the war. Soif a nation has been accustomed to lend money to another for interest, and the latter should become engaged in war with a third power, theneutral would not break her neutrality if she should continue to lendher money. The wrong in any case lies in the _intention_ to aid one tothe detriment of the other. 

§3. This rule, it is believed, is universally admitted in cases ofbelligerents going themselves to a neutral country to make theirpurchases. But whether a neutral nation is at full liberty to _carry thegoods_ in the cases mentioned, is not so certain. A nation in a just warhas a right to deprive her enemy of the means of resisting or injuringher, and therefore may lawfully intercept every thing of a warlikenature which a neutral is carrying to such enemy. 

§4. Articles which a neutral nation is not allowed to carry to an enemy, are called contraband goods. What these are, it is impossible to saywith precision, as some articles may in certain cases be lawfullycarried, which would be justly prohibited under other circumstances. Among the articles usually contraband, are arms, ammunition, materialsfor ship-building, naval stores, horses, and sometimes even provisions. 

§5. Contraband goods, when ascertained to be such, are confiscated tothe captors as lawful prize. Formerly the vessel also was liable to becondemned and confiscated; but the modern practice, it is said, exemptsthe ship, unless it belongs to the owner of the contraband articles, orthe carrying of them is connected with aggravating circumstances. 

§6. One of the rights of a belligerent nation which a neutral is boundto regard, is the right of blockade. _Blockade_ is a blocking up. A warblockade is the stationing of ships of war at the entrance of an enemy'sports, to prevent all vessels from coming out or going in. The object ofa blockade is to hinder supplies of arms, ammunition, and provisionsfrom entering, with a view to compel a surrender by hunger and want, without an attack. A neutral vessel attempting to enter or depart, becomes liable to be seized and condemned. Towns and fortresses also maybe shut up by posting troops at the avenues. 

§7. A simple decree or order declaring a certain coast or country in astate of blockade, does not constitute a blockade. A force must bestationed there, competent to maintain the blockade, and to make itdangerous to enter. And it is necessary that the neutral should have duenotice of the blockade, in order to subject his property to condemnationand forfeiture. According to modern usage, if a place is blockaded bysea only, trade with it by a neutral nation may be carried on by inlandcommunication. And a neutral vessel, loaded before the blockade wasestablished, has a right to leave the port with her cargo. 

§8. To prevent the conveyance of contraband goods, the law of nationsgives a belligerent nation the _right of search_; that is, the right, intime of war, to search neutral vessels, to ascertain their character, and what articles are on board. A neutral vessel refusing to be searchedby a lawful cruiser, would thereby render herself liable to condemnationas a prize. Private merchant vessels only are subject to search; theright does not extend to public ships of war. 

§9. The property of an enemy found on board of a neutral vessel, may beseized, if the vessel is beyond the limits of the jurisdiction of thenation to which she belongs; but the vessel is not confiscated; and themaster is entitled to freight for the carriage of the goods. The_property of neutrals_ found in an enemy's vessels, is to be restored tothe owners. 

§10. A neutral is forbidden by the law and practice of nations, topermit a belligerent to arm and equip vessels of war within her forts. Nor may the citizens of a nation fit out any vessel, or enlist, to gobeyond the limits of their own country to assist any people in waragainst another with whom they are at peace. 

§11. It is sometimes agreed to suspend hostilities for a time. If theagreement is only for a short period, for the purpose of burying thedead after battle, or for a parley between the hostile generals; or ifit regards only some particular place, it is called a cessation or_suspension of arms_; if for a considerable time, and especially ifgeneral, it is called a _truce_. By a partial truce, hostilities aresuspended in certain places, as between a town and the general besiegingit; and generals have power to make such truces. By a general truce, hostilities are to cease generally, and in all places, and are made bythe governments or sovereigns. Such truces afford opportunities fornations to settle their disputes by negotiation. 

§12. A truce binds the contracting parties from the time it is made; butindividuals of the nation are not responsible for its violation beforethey have had due notice of it. And for all prizes taken after the timeof its commencement, the government is bound to make restitution. Duringthe cessation of hostilities, each party may, within his ownterritories, continue his preparations for war, without being chargedwith a breach of good faith. 

§13. War is generally terminated, and peace secured, by _treaties ofpeace_. The manner of making treaties has been described. (Chap. XL, §5. ) A treaty of peace puts an end to the war, and leaves thecontracting parties no right to take up arms for the same cause. 

§14. The parties to a treaty of peace are bound by it from the time ofits conclusion, which is the day on which it is signed; but, as in thecase of a truce, persons are not held responsible for any hostile actscommitted before the treaty was known; and their government is bound toorder and enforce the restitution of property captured subsequently tothe conclusion of the treaty. 

§15. War is sometimes terminated by _mediation_. A friend to bothparties, desirous of stopping the destruction of human life, kindlyendeavors to reconcile the parties. The friendly sovereign who thusinterposes, is called _mediator_. Many desolating wars might have beenearly arrested in this way, or wholly prevented, had there always beenamong friendly powers a disposition to reconcile contending nations. 

Synopsis of the State Constitutions. 

Maine. 

The District of Maine, formerly belonging to the state of Massachusetts, adopted in convention, October 29, 1819, the present constitution, andwas admitted into the Union as a state, March 15, 1820. The constitutionhas received several alterations. 

_Electors. _ All male citizens, having had a residence in the state threemonths, except paupers, persons under guardianship, and Indians nottaxed. 

_Legislature. _ The house of representatives consists of one hundred andfifty-one members, apportioned among the counties according topopulation; and the number apportioned to each county are apportionedamong the towns according to the population. A representative must havebeen a citizen of the United States five years, resided in the state oneyear, and in the town or district he is chosen to represent, threemonths. Senate, not less than twenty, nor more than thirty-one members, elected in districts by majority. If a senator is not elected by theelectors, the house and the senators elected choose one from the twocandidates having the highest numbers of votes. Age, twenty-five years, otherwise qualified as representatives. 

A majority constitutes a _quorum_. Bills vetoed by the governor becomelaws when re-passed by two-thirds majorities. Also bills become laws ifnot returned by the governor within five days, unless their return isprevented by adjournment, in which case they will become laws unlessreturned within three days after the next meeting. 

_Executive. _ The governor is elected annually, by majority. If no personhas a majority, the house, from those voted for (not exceeding four)having the highest numbers of votes, elects two, of whom the senateelects a governor. Age, thirty years, a native citizen, resident of thestate five years. An executive council of seven, chosen annually by thelegislature on joint ballot. Power of appointment is exercised by thegovernor and council. No lieutenant-governor. 

Secretary of state, treasurer, and attorney-general, are chosen annuallyby joint ballot of both houses. 

_Judiciary. _ A supreme judicial court, and such other courts as thelegislature may establish. Judges of the judicial court are appointed bythe governor and council for seven years; judges and registers ofprobate are elected in the counties for four years. 

Officers may be removed by impeachment, and by the governor and councilon address of both houses of the legislature. 

Amendments to the constitution may be proposed by two-thirds of bothbranches, and ratified by the electors at the next annual election. 

New Hampshire. 

The first constitution of this state was adopted in 1784; the presentone in 1792, and has been amended. 

_Electors. _ All male citizens, except paupers and persons excused frompaying taxes at their own request, resident in the state six months, andin the town three months. 

_Legislature_--called _general court_. Senate, twelve members, electedannually in single districts; thirty years of age; inhabitants of thestate seven years, and inhabitants of their respective districts. Representatives are apportioned among the towns according to ratablemale polls, (male tax-payers;) state residence, two years. Senators andrepresentatives must be of the Protestant religion. _Quorum_, amajority. 

Bills passed against the veto by two-thirds majorities--also become lawsif not returned within five days, unless the return is prevented byadjournment. 

_Executive. _ The governor is elected annually by majority. If no personhas a majority, the two houses elect one of the two highest. Age, thirtyyears; inhabitant of the state, seven years, and a Protestant. Councilof five, one in each district, elected annually by majority. Power ofappointment and of pardon exercised by the governor and council. Nolieutenant-governor. 

Secretary of state, treasurer, and commissary-general appointed by jointballot of both houses. 

_Judiciary. _ Judicial officers are appointed by the governor andcouncil; justices of the peace for five years, judges of the highercourts during good behavior. Judges disqualified at seventy years ofage. 

Attorney-general, solicitors, sheriffs, coroners, registers of probate, and naval and the higher militia officers, are appointed by the governorand council. County treasurers and registers of deeds are elected in thecounties. 

_Amendments. _ The sense of the people is taken every seven years; and ifa majority favor a revision, the legislature calls a convention; and anyalterations proposed by the convention must be approved by two-thirds ofthe qualified electors who vote thereon. 

Vermont. 

This state was admitted into the Union in 1791, with a constitutionformed in 1777; the present one was adopted in 1793, and has beenseveral times amended. 

_Electors. _ Citizens having resided in the state one year, of quiet andpeaceable behavior, are entitled to all the privileges of freemen, bytaking an oath that, in giving their votes, they will so do it as theybelieve will conduce to the best good of the state. 

_Legislature. _ Senate, thirty members, elected annually; apportionedamong the counties according to population, each county to have at leastone senator; age, thirty years; freemen of the county. Representativesare elected in towns, each town being entitled to at least onerepresentative; resident of the state two years, of the town one year. 

_Quorum_, a majority. For raising a tax, two-thirds of the memberselected must be present. 

Bills vetoed by the governor may be again passed by simple majorities. Bills not returned by the governor within five days become laws, unlesstheir return is prevented by adjournment. 

_Executive. _ The governor is elected annually by majority. If no personhas a majority, the legislature chooses one of the three highest. Resident of the state four years. A lieutenant-governor. 

A secretary of state, chosen by the two houses; a treasurer, elected asgovernor and lieutenant-governor. 

_Judiciary. _ A supreme court and county courts; the judges chosenannually by the senate and house; justices of the peace are elected inthe towns; judges of probate in districts; assistant judges of countycourts, sheriffs, high bailiffs, and state's attorneys, in theirrespective counties. 

_Amendments. _ A council of thirteen censors, chosen every seven years, examines into the different departments, and have power to call aconvention to amend the constitution. 

Massachusetts. 

The constitution of this state was formed in 1780. It has been severaltimes amended. 

_Electors. _ Every male citizen, except paupers and persons underguardianship, having resided in the state one year, in the town ordistrict six months; and having paid a tax within two years, or islegally exempt from taxation. 

_Legislature_--styled _general court_. Senate, forty members, chosen indistricts, and apportioned according to population; residents of thestate five years, and inhabitants of the districts they represent. Representatives are apportioned among the towns and cities. Every townor city containing 1, 200 inhabitants, is entitled to one, and anadditional one for every 2, 400 additional inhabitants. Residence oneyear in the towns they represent. 

Bills passed against the veto by two-thirds majorities--or become lawsif not returned within five days, unless the legislature by adjournment, prevent their return. 

_Executive. _ The governor is chosen annually, by majority. If nocandidate has a majority, the house elects two of those voted for, (notexceeding four, ) having the highest numbers of votes, of which two thesenate elects a governor. He must have resided in the state seven years, and declare himself to be of the Christian religion. A council of nine, elected annually by joint ballot of the two houses, act with thegovernor in pardons and appointments, and in directing the affairs ofstate generally. Counselors must have resided in the state five years. 

The secretary, treasurer, receiver-general, commissary-general, notariespublic, and naval officers, are chosen annually by the legislature. 

_Judiciary. _ A supreme judicial court and a court of common pleas, heldin every county of the state, and courts held by justices of the peace. All judicial officers are appointed by the governor and council;justices of the higher courts during good behavior, justices of thepeace for seven years. The former are removable by the governor andcouncil, or address of the legislature. 

The attorney-general, the solicitor-general, sheriffs, coroners, andregisters of probate, are appointed as justices. 

_Amendments_ agreed to by a majority of the senators and two-thirds ofthe representatives at two successive sessions, are submitted to thequalified voters of the state for ratification. 

Rhode Island. 

A charter granted in 1663, by Charles II, to the Rhode Island andProvidence Plantations, continued, with some modifications, the basis ofgovernment of this state, until 1842, when the present constitution wasadopted. 

_Electors. _ Every male _native_ citizen, resident in the state twoyears, in the town or city six months, and having within a year paid atax of $1, or has done military duty. Also every naturalized citizen, resident in the state one year, in the town or city six months, owningreal estate worth $134 above all incumbrances, or which rents for $7 ayear. Voters in this state must be registered in the town clerk'soffice, at least seven days before they offer their votes. 

_Legislature_ styled _general assembly_. Representatives, not to exceedseventy-two, are apportioned among the towns, no town to have more thanone-sixth of the whole house. The senate consists of thelieutenant-governor and one senator from each town or city. Thegovernor, and in his absence, the lieutenant-governor, presides in thesenate, and in grand committee, (the two houses united. ) _Quorum_, amajority. 

Bills when passed by both houses are laws. 

_Executive. _ The governor and lieutenant-governor are elected annuallyby majority. If no candidate has a majority, the two houses in jointassembly (grand committee) elect from the two having the highest numbersof votes. 

A secretary, an attorney-general, and a general treasurer, are electedin the same manner as the governor. 

_Judiciary. _ A supreme court and such inferior courts as the legislatureshall establish. Judges of the supreme court are elected by the twohouses in grand committee. The judges hold their offices until theirplaces shall be declared vacant by the general assembly. 

_Amendments_ must be agreed to by two successive legislatures, (amajority of all the members elected to each house voting in theirfavor, ) and approved by three-fifths of the electors of the state votingthereon. 

Connecticut. 

This state was governed under a charter granted by Charles II, in 1662, until 1818, when the present constitution was adopted. This constitutionhas received numerous amendments. 

_Electors. _ Every white male citizen, who has resided in the state ayear, and in the town six months, who sustains a good moral character, and is able to read any section of the constitution of the state and ofthe constitution of the United States. 

_Legislature_--styled _general assembly_. Representatives areapportioned among the towns according to population. Any elector iseligible to either house. Senators, not less than eighteen, nor morethan twenty-four, are chosen in districts, the number of which is not tobe less than eight, nor more than twenty-four. _Quorum_, a majority. 

Bills rejected by the governor may be again passed by a majority of eachhouse. Bills become laws also if not returned by the governor withinthree days, unless the legislature sooner adjourn. 

_Executive. _ A governor and lieutenant-governor are elected annually. Any qualified elector thirty years of age is eligible. Election bymajority. In case of a failure to elect, the general assembly chooses agovernor from the two having the highest numbers of votes. 

A treasurer, a secretary, and a controller of public accounts, areelected as the governor and lieutenant-governor. A sheriff is elected ineach county for three years. 

_Judiciary. _ A supreme court, a superior court, and such inferior courtsas the legislature shall establish. The judges are appointed by thegeneral assembly; the judges of the supreme and superior courts foreight years; removable by the governor on address of two-thirds of eachhouse. Judges of probate are chosen annually by the electors indistricts; justices of the peace in the towns. 

_Amendments_ are proposed by a majority of the house of representatives, approved by two-thirds of both houses of the next legislature and amajority of the electors at an election. 

New York. 

The first constitution of this state was formed in 1777; the second in1821, and adopted in 1822; the present was formed and adopted in 1846. 

_Electors. _ Every white male citizen, resident in the state a year, andin the county four months, and thirty days in the district which theperson voted for is to represent. Naturalized persons must have beenadmitted as citizens ten days before voting. Colored men must haveresided in the state three years, own a freehold of $250 in value overincumbrances, and have paid a tax thereon. 

_Legislature. _ Senate, thirty-two members elected in single districtsfor two years. Assembly, one hundred and twenty-eight members, apportioned among the counties. Counties entitled to more than onemember are divided into districts and a member is elected in eachdistrict. A census is taken, and a new apportionment made every tenyears. A majority is a quorum to do business. The final passage of billsrequires a majority of all the members. Bills may be passed against theveto by two-thirds majorities. They become laws if not returned withinten days, unless their return is prevented by adjournment. 

_Executive. _ A governor is elected for two years; a citizen, thirtyyears of age; a resident of the state five years. A lieutenant-governor. 

_Judiciary. _ A court of appeals, a supreme court, county courts, andcourts held by justices of the peace. There are eight judicialdistricts, in each of which four justices of the supreme court areelected for eight years, two of them every two years. The court ofappeals is composed of eight judges, four of whom are elected by theelectors of the state for eight years, one every two years, and theother four are of the class of justices of the supreme court whose termhas most nearly expired. In each county are held circuit courts andspecial terms of the supreme court, by one or more justices of thesupreme court. General terms of the supreme court are held in theseveral districts by three or more of the justices. A county court isheld by a county judge elected for four years, who is also _surrogate_, called in other states, _judge of probate_. In counties having more than40, 000 inhabitants, a separate officer may be chosen as surrogate. Justices of the peace are elected in the several towns for four years. 

Judges of the court of appeals and justices of the supreme court may beremoved by the legislature; county judges by the senate onrecommendation of the governor. 

A secretary of state, a controller, a treasurer, an attorney-general, and a state engineer and surveyor, are chosen for two years; three canalcommissioners and three inspectors of state prisons, for three years, one of each every year. 

Sheriffs, clerks of counties, coroners, and district attorneys, areelected for three years in the several counties. Sheriffs are ineligiblefor the next three years. 

_Amendments_ must receive the sanction of two successive legislatures, and of a majority of the electors voting thereon at an election. 

New Jersey. 

New Jersey, as a colony, adopted a constitution in 1776, under which thestate was governed until the present constitution, framed in 1844, wasadopted. 

_Electors. _ White male citizens, who have resided in the state a year, and in the county five months. 

_Legislature. _ A senate and general assembly. The senate consists of onesenator from each county, elected for three years; one-third of thesenators elected every year. Age, thirty years; residence in the statefour years, and in the county one year. Members of the general assembly, not to exceed sixty, are apportioned among the counties according topopulation. Residence in the state two years, in the county one year. Amajority is a _quorum_. 

The final passage of bills requires a majority of the members elected. The same majorities may pass bills disapproved by the governor. Billsbecome laws if not returned by the governor within five days, unlesstheir return is prevented by adjournment. 

_Executive. _ The governor is elected for three years, and is ineligiblefor the next three years. He must be thirty years of age; have beentwenty years a citizen, seven years a resident of the state. Thepardoning power is exercised by the governor in conjunction with thechancellor and the judges of the court of errors and appeals. Nolieutenant-governor. 

The state treasurer, and the keeper and inspectors of the state prisonare appointed annually by joint assembly of the two houses. Thesecretary of state, attorney-general, and prosecutors of the pleas, areappointed by the governor and senate, for five years. 

_Judiciary. _ A court of errors and appeals; a court of chancery; aprerogative court; a supreme court; circuit courts; and inferior courts. The court of errors and appeals consists of the chancellor, the justiceof the supreme court, and six judges, or a majority of them. The courtof chancery consists of the chancellor, who is also the ordinary, orsurrogate-general, and judge of the prerogative court, to which appealsare made from the orphans' court. The supreme court consists of a chiefjustice and four associates. The circuit courts are held in every countyby one or more justices of the supreme court, or a judge appointed forthat purpose. Chancellor and justices of the supreme court hold forseven years; judges of the court of errors and appeals for six years;and all are appointed by the governor and senate. The inferior court ofcommon pleas shall not have more than five judges, one to be appointedevery year by the senate and assembly. 

Justices of the peace, from two to five, are elected in each townshipand city ward, for five years. 

Sheriffs and coroners are elected annually in their respective counties, and may be re-elected until they shall have served three years; afterwhich they are ineligible for three years. 

_Amendments_ must be agreed to by two successive legislatures, amajority of all the members elected to each house concurring, and beratified by the electors at an election held for that purpose. Amendments, (if more than one, ) must be submitted separately; and notoftener than once in five years. 

Pennsylvania. 

A Constitution was adopted in 1776; another in 1790; the present one in1838. 

_Electors. _ White freemen, having resided in the state one year, in theelection district ten days, and paid a tax within two years; if betweentwenty-one and twenty-two years, they need not have paid the tax. Anelector having removed from the state and returned, may vote after sixmonths residence in the state, and ten days in the district, and thepayment of taxes. 

_Legislature_--called _general assembly_. Representatives are chosenannually, and apportioned every seven years among the counties accordingto the number of taxable inhabitants; number not less than sixty, normore than one hundred. Age, twenty-one; residence in the state threeyears, one in the district. Senators are chosen for three years, (one-third every year, ) in districts, not more than two in any district, unless the taxable inhabitants in any city or county entitle it to electmore; but no city or county may elect more than four. The whole numbermay not be less than one-fourth nor greater than one-third of the numberof representatives. Twenty-five years; state residence, four years;district, one year. 

_Quorum_, a majority of each house. Bills passed against the veto bytwo-thirds majorities. Bills not returned by the governor within tendays, become laws, unless their return is prevented by adjournment. 

_Executive. _ The governor is elected for three years, and may not holdthe office more than six years in nine Age, thirty years; a citizen andinhabitant of the state, seven years. No lieutenant-governor. 

A secretary is appointed by the governor during pleasure. A treasurer ischosen annually by joint assembly. 

_Judiciary. _ Supreme court, the judges elected for fifteen years; courtsof oyer and terminer and general jail delivery in the counties, held byjudges of the supreme court and court of common pleas; a court of commonpleas in each judicial district, which may not include more than fivecounties, the presiding judge to hold his office for ten years, theassociates for five years; a court of quarter sessions and orphans'court for each county, held by judges of the common pleas; a register'scourt for each county, composed of the register of wills and judges ofthe common pleas; and courts held in the several townships, wards, andboroughs, by justices of the peace or aldermen elected by the voterstherein, for five years. Judges of the supreme court are elected by thepeople of the state at large; others are chosen in the districts orcounties over which they preside. 

Sheriffs and coroners are elected in their counties for three years. Sheriffs may not be twice chosen in any term of six years. 

_Amendments_ must be agreed to by majorities of all the members of twosuccessive legislatures, and ratified by a majority of the electorsvoting thereon. Amendments must be voted on separately; and none may besubmitted to the electors oftener than once in five years. 

Delaware. 

The first constitution of this state was adopted in 1776; the present, in 1831, and has been amended. 

_Electors. _ White males twenty-two years of age, having resided in thestate one year, in the county one month, and within two years paid acounty tax assessed at least six months before the election. Iftwenty-one, and under twenty-two years of age, they may vote withouthaving paid any tax. 

_Legislature_--called _general assembly_. Representatives are chosen incounties for two years; must be twenty-four years of age; have beencitizens and inhabitants of the state three years, of the county oneyear. Senators are elected in the counties for four years; the numbernot to be greater than one-half, nor less than one-third of the numberof representatives. A senator must be twenty-seven years of age; havebeen a citizen and an inhabitant of the state three years, of thecounty, one year; and possess a freehold estate in the county of twohundred acres of land, or real and personal property, or either, worth£1, 000, at least. 

A majority of each house is a quorum. Bills are not submitted to thegovernor. 

_Executive. _ The governor is elected for four years, and is noteligible a second time. Thirty years of age; a citizen and inhabitant ofthe United States twelve years, of the state, six years. Nolieutenant-governor. 

A secretary of state, appointed by the governor during his continuancein office; a state treasurer, biennially, by a concurrent vote of thetwo houses. [By this mode of election, the two houses do not meet andvote jointly, but they vote separately, as in passing laws. ]

_Judiciary. _ Five judges appointed by the governor, of whom one ischancellor, and holds the court of chancery. Of the other four, one ischief-justice, and the other three are associate justices, of whom oneresides in each county. 

The superior court, and the court of general sessions of the peace andjail delivery, consist of the chief-justice and two associates. Thecourt of oyer and terminer consists of all the judges except thechancellor. The court of errors and appeals issues writs of error to thesuperior court, receives appeals from the court of chancery, anddetermines finally all matters in error in the judgments and proceedingsof the superior court; and when thus acting, it consists of thechancellor and two of the other judges. In other cases, it isdifferently constituted. The orphans' court in each county is held bythe chancellor and the associate judge residing in the county. Theregister's court in each county is held by the register of the county. 

Judges of the courts are appointed by the governor during good behavior;and they may be removed by him on the address of two-thirds of all themembers of each branch of the general assembly. 

In pursuance of the power vested in the legislature to establishinferior courts, a court of common pleas is established in each county. 

Justices of the peace in each county are appointed by the governor forseven years, and may be removed as the judges. 

The attorney-general, registers, and prothonotaries are appointed forfive years, removable in like manner. 

The sheriff and the coroner of each county are elected by the citizensthereof; but the legislature may vest their appointment in the governor. The sheriff may not be chosen twice in any term of six years. 

_Amendments_ are proposed by two-thirds of each house, with theapprobation of the governor, and ratified by three-fourths of eachbranch of the next general assembly. Or, a convention to amend may becalled by the legislature, in pursuance of the sense of the peopleexpressed at a previous election. 

Maryland. 

The constitution of this state adopted in 1776, continued until 1851, when the present one was adopted. 

_Electors. _ White male citizens, having resided a year in the state, andsix months in the county. 

_Executive. _ The governor is elected for four years; must be thirtyyears of age; have been a citizen five years, a resident of the statefive years, and for three years a resident of the district from which heis elected. In case of vacancy, the general assembly elects a residentof the same district for the residue of the term. If the vacancy happensduring the recess of the legislature, the president of the senate servesuntil the next session. No lieutenant-governor. 

A secretary of state is appointed by the governor and senate during theofficial term of the governor. A controller of the treasury is electedby the electors of the state for two years; and a treasurer and a statelibrarian are chosen by the legislature on joint ballot at each session. 

_Legislature. _ A senate and a house of delegates, styled _generalassembly_. Senators, one from each county and the city of Baltimore, areelected for four years, one-half every two years. Age, twenty-fiveyears; residence, three years in the state, one in the county. Delegatesare eligible at twenty-one; otherwise qualified as senators; elected fortwo years, apportioned among the counties according to population; thecity of Baltimore to have four more delegates than the most populouscounty, and no county to have less than two delegates; the whole numbernot to be more than eighty, nor less than sixty-five. 

A majority constitutes a quorum. Bills must pass by majorities of allthe members elected; and when so passed and sealed with the great seal, the governor is required to sign them in the presence of the presidingofficers and chief clerks of both houses. 

_Judiciary. _ A court of appeals, consisting of four judges, one of whomis elected in each judicial district for ten years. One is designated bythe governor and senate as chief-justice. They must be thirty years ofage, and have been citizens of the state five years. They aredisqualified at seventy. There are eight judicial circuits, in each ofwhich, except the fifth, is elected a judge, for ten years, who holdscircuit courts in the counties within his circuit. 

There are, in the city of Baltimore, courts peculiar to that city. 

Justices of the peace and constables, are elected for two years in eachward of the city of Baltimore, and in each election district in theseveral counties. 

A sheriff and a state's attorney are elected in each county and the cityof Baltimore, the former for two, and the latter for four years. Sheriffs are ineligible for the next two years. 

_Amendments_ may be made only by a convention, called by the legislaturein pursuance of a vote of the people to be taken after each UnitedStates census. 

Virginia. 

A constitution was adopted in 1716; another in 1830; the present in1851. 

_Electors. _ White male citizens, having resided in the state two years, and in the county, city or town where they offer to vote, one year. Votes are given openly, or _viva voce_. Dumb persons only vote byballot. 

_Legislature. _ Senate and house of delegates. Delegates, one hundred andfifty-two in number, are elected biennially, and apportioned among theseveral counties and election districts according to population. Thesenate consists of fifty members, elected in single districts for fouryears, one-half every two years. Apportionments are made every tenyears. Delegates are eligible at the age of twenty-one years; senatorsat the age of twenty-five. 

_Quorum_, a majority. Bills to become laws, do not require thegovernor's approval. 

_Executive. _ The governor is elected for four years, and is ineligiblefor the next term. He must be thirty years of age, a native citizen ofthe United States, and have been a citizen of the state five years. Alieutenant-governor. 

A secretary of state, a treasurer, and an auditor of public accounts, are elected for two years in joint assembly; an attorney general iselected for four years by the people at every election for governor. 

_Judiciary. _ The state is divided into twenty-one judicial circuits, tendistricts, and five sections, in each of which division, one judge iselected by the people; the circuit judges for eight years, the judges ofthe supreme court of appeals for twelve years. A circuit judge holdscircuit courts in the several counties composing his district. Thejudges of the circuits constituting a section, and the judge of thesupreme court of appeals for that section, hold district courts in suchsection. The supreme court of appeals consists of the five judgeselected in the sections, and three of whom may hold a court. Judges maybe removed by the legislature. 

A county court is held monthly in each county, by not less than three, nor more than five justices of the peace, except when the law requires agreater number. Each county is divided into districts, in each of whichfour justices are elected for four years. The justices so elected chooseone of their own body as presiding justice of the county court. 

In each county are elected, a clerk of the county court and a surveyor, for six years; an attorney for four years; a sheriff for two years: andconstables and overseers of the poor as may be prescribed by law. 

_Amendments. _ The constitution does not provide for its amendment. Thelast two constitutions were framed by conventions authorized by acts ofthe legislature, and ratified by the electors. 

North Carolina. 

This state adopted a constitution in 1776, which was amended in 1835. 

_Legislature. _ A senate and a house of commons, called the _generalassembly_. The senate consists of fifty members, chosen biennially, insingle districts, which are laid off in proportion to the average amountof taxes paid by the citizens during the five years preceding. Senatorsmust have resided within their respective districts a year, and possessnot less than three hundred acres of land. The house of commons iscomposed of one hundred and twenty members, chosen biennially, andapportioned among the counties, according to population, three-fifths ofthe slaves being added to the number of free persons. They must haveresided a year in the counties they represent, and possess one hundredand twenty acres of land. 

Bills passed by both houses become laws without being presented to thegovernor. 

_Executive. _ A governor is elected every two years, and is eligible onlyfour years in any term of six years. He must be thirty years of age;must have been a resident of the state five years, and must have in thestate a freehold of the value of £1, 000. No lieutenant-governor. 

There is a council of seven persons to advise the governor; a secretaryof state, and a treasurer, all chosen by joint vote of the two houses ateach session, for two years; and an attorney-general for four years, unless for certain reasons the term shall be altered. 

_Judiciary. _ A supreme court, superior courts, courts of admiralty, andjustices' courts. The judges are appointed by the general assembly, andhold during good behavior. Justices of the peace, within theirrespective counties, are recommended to the governor by therepresentatives of the general assembly. They are commissioned by thegovernor, and hold during good behavior. 

_Electors. _ White freemen, inhabitants of the state one year, who havepaid taxes. Voters for senators are required also to own a freehold offifty acres. 

_Amendments. _ A convention may be called by a majority of two-thirds ofall the members of each house of the general assembly. Or, amendmentsmay be proposed by majorities of three-fifths of all the members of bothhouses; and they take effect when agreed to by two-thirds majorities ofthe whole representation in the next assembly, and ratified by thequalified voters of the state. 

South Carolina. 

The first constitution of this state was formed in 1775; the present in1790. Its principal amendments were made in 1808. 

_Legislature. _ A senate and a house of representatives, styled _generalassembly_. The house consists of one hundred and twenty-four members, elected for two years in districts, and apportioned according to thenumber of white inhabitants and the amount of taxes paid therein. Residence in the state three years: and if a resident of the electiondistrict, a freehold of five hundred acres of land and ten negroes, or areal estate worth £150 sterling, clear of debt; if a non-resident of thedistrict, a clear freehold of £500 sterling. Senators, forty-five, elected by districts, for four years, one-half every two years; eachdistrict, except one, having one senator. Age, thirty years, stateresidence, five years. If a resident in the district, a clear freeholdof £300 sterling; if a non-resident, a freehold in the district of£1, 000. 

Bills passed by both houses are laws without being presented to thegovernor. 

_Executive. _ The governor and lieutenant-governor are chosen by thelegislature for two years. Age, thirty years: state residence, tenyears; a clear freehold in the state of £1, 500 sterling. A governor isineligible for the next four years. 

Commissioners of the treasury, secretary of state, and surveyor-general, are elected by joint ballot of both houses for four years, andineligible for the next four years. 

_Judiciary. _ Such superior and inferior courts of law and equity as thelegislature may establish. The judges are appointed by the legislatureduring good behavior. 

_Electors. _ White male citizens, resident in the state two years, andowning a freehold of 50 acres of land, or a town lot, which he has ownedsix months; or, not having such freehold, or town lot, resident in theelection district six months, and having paid a tax the preceding yearof three shillings sterling. 

_Amendments_ may be made by a convention called by two-thirds of all themembers of both branches. Alterations may also be made by likemajorities of two successive legislatures. 

Georgia. 

The first constitution was formed in 1777; the second in 1785; thepresent in 1798, and amended in 1839, and 1844. 

_Legislature. _ Senate and house, together styled _general assembly_. Themembers of both houses are elected biennially. Representatives areapportioned among the counties according to population, includingthree-fifths of the slaves. Age, twenty-one years; citizenship, sevenyears; state residence, three years; county, one year. Senators areelected in districts. Age, twenty-five years; citizenship, nine years;state residence, three years; district, one year. 

Bills are passed against the veto by two-thirds majorities. Bills notreturned by the governor within five days are laws, unless their returnis prevented by adjournment. 

_Executive. _ The governor is elected for two years; must be thirty yearsof age; have been a citizen of the United States twelve years, of thestate, six years. No lieutenant-governor. 

Secretary of state, treasurer, and surveyor-general, are elected for twoyears. 

_Judiciary. _ A supreme court for the correction of errors, to consist ofthree judges chosen by the legislature for six years, one every twoyears; a superior court, whose judges are elected in their severalcircuits for four years; inferior courts, one in each county, consistingof five judges, elected by the people; courts held by justices of thepeace elected for four years. 

Sheriffs are elected for two years, but may not be twice elected in fouryears. 

_Electors_, white male citizens and inhabitants of the state, havingresided in the county six months, and paid all the taxes required ofthem, and which they had an opportunity of paying the preceding year. 

_Amendments_ may be made by two successive legislatures, two-thirds ofboth houses concurring. 

Florida. 

This state was admitted into the union with its present constitution, byact of congress, March 3, 1845. 

_Executive. _ The governor is elected for four years, and is ineligiblefor the next term. Age, thirty years; citizenship; state residence fiveyears. No lieutenant-governor. 

A secretary of state, elected by the people for four years; a treasurerand a controller of public accounts for two years. 

_Legislature. _ A senate and a house of representatives, styled, the_general assembly_. Representatives are apportioned among the countiesaccording to the number of free whites and three-fifths of the slaves;the number not to exceed sixty. They are elected biennially. Age, twenty-one; citizenship; state residence, two years; county, one year. Senators are elected in districts, at least one in each district, forfour years, one-half every two years; the number to be not less thanone-fourth, nor more than one-half of the number of representatives. Age, twenty-five years; other qualifications the same as those ofrepresentatives. 

Bills become laws against the veto by majorities of all the memberselected. 

_Judiciary. _ A supreme court, courts of chancery, circuit courts, andjustices of the peace. The supreme court consists of three judgeselected by the people for six years. The state is divided into fourcircuits, and a judge elected in each judicial circuit for six years, who presides in the courts held in his circuit. Justices of the peacefor each county are appointed or elected, as the general assembly maydirect. 

An attorney-general is chosen by joint vote of the two houses, for fouryears. 

_Electors. _ White male citizens, residents of the state two years, ofthe county, six months; enrolled in the militia, unless by law exemptedfrom serving. The general assembly is required to provide forregistering the qualified electors of each county. 

_Amendments. _ A convention may be called by the general assembly, two-thirds of each house concurring. Alterations may be made by likemajorities of two successive legislatures. 

Alabama. 

This state was admitted into the union in 1819, with its presentconstitution. 

_Legislature_--called the _general assembly_. Representatives areapportioned among the counties according to the free white population;chosen biennially; must be twenty-one years of age, residents of thestate two years, and of the county, city or town they represent, oneyear. Senators are chosen in single districts for four years, one-halfof them every two years; must be twenty-seven years of age; residencethe same as representatives. The number of representatives may notexceed one hundred; the number of senators may not exceed thirty-three. 

Bills negotiated by the governor, may be passed by majorities of all themembers elected. If not returned within five days, vetoed bills becomelaws unless their return is prevented by adjournment. 

_Electors. _ White male citizens, having resided in the state one year, in the county, city, or town, three months. 

_Executive. _ The governor is elected for two years, and eligible fouryears in any term of six years. He must be thirty years of age, a nativecitizen of the United States, and have been a resident of the state fouryears. No lieutenant-governor. 

A secretary of state is chosen biennially, and a treasurer and acontroller of public accounts are chosen annually, by joint vote of bothhouses. 

_Judiciary. _ A supreme court; circuit courts to be held in each county;and inferior courts of law and equity, to be established by the generalassembly. Judges of the supreme court, and chancellors are chosen by thelegislature for six years; judges of the circuit and inferior courts bythe people for the same term. A competent number of justices of thepeace, and a sheriff, are elected in each county. 

An attorney-general for the state, and the requisite number ofsolicitors are elected by joint vote of the general assembly, for fouryears. 

_Amendments_ are proposed by one legislature, approved by the electorsat the next election for representatives, and ratified by the nextlegislature; two-thirds majorities being required in both cases. 

Mississippi. 

In 1817, this state was admitted into the union with a constitutionadopted the same year. The present constitution was formed in 1832. 

_Electors. _ White male citizens, residents of the state one year, of thecounty, four months. An elector who happens to be in any county, city, or town, other than that of his residence, or who may have removed toany such place within four months preceding an election, may vote forsuch officers as he could have voted for in the county of his residence, or from which he removed. 

_Legislature. _ Representatives, not less than thirty-six, nor more thanone hundred, are elected for two years in the several counties, amongwhich they are apportioned according to the number of white inhabitants. They must have been residents of the state two years, one of the county. Senators, not less than one-fourth, nor more than one-third of thenumber of representatives, are elected by districts for four years. Age, thirty years; state residence, four years; district one year. 

Bills are passed against the veto by two-thirds majorities. Bills mustbe returned within six days, or they become laws, unless their return isprevented by adjournment. 

_Judiciary. _ A high court of errors and appeals, consisting of threejudges, one in each district, elected for six years; a circuit court tobe held in each county at least twice a year, the judges to be electedin their respective judicial districts for four years; a superior courtof chancery, the chancellor to be elected by the electors of the wholestate for six years; a court of probate in each county, the judge to beelected for two years; a competent number of justices of the peace andconstables, chosen in each county for two years. Other inferior courtsmay be established by the legislature. 

An attorney-general is chosen by the electors of the state, and acompetent number of district-attorneys in their respective districts. Asheriff and one or more coroners are elected in each county for twoyears. 

_Executive. _ The governor is elected for two years; must be thirty yearsof age; have been a citizen twenty years, a resident of the state fiveyears; and may not hold the office more than four years in six. Nolieutenant-governor. 

A secretary of state, a treasurer, and an auditor of public accounts, are elected for two years. 

_Amendments_ are proposed by two-thirds of both branches of thelegislature, and ratified by the people at the next election. 

Louisiana. 

This state was admitted into the union in 1812, with a constitutionformed the same year. In 1845, a second, and in 1852 the presentconstitution was adopted. 

_Legislature_--styled _general assembly_. Representatives areapportioned among the several parishes, (corresponding to counties inother states, ) and are elected for two years; the number not to exceedone hundred, nor to be less than seventy. Senators, in numberthirty-two, are apportioned among the districts according to population, and are elected for four years, one-half every two years. Everyqualified elector is eligible to a seat in either house. 

Vetoed bills are passed by majorities of two-thirds of all the members. They become laws if not returned within ten days, unless their return isprevented by adjournment; in which case they will become laws if notsent back within three days after the commencement of the next session. 

_Executive. _ The governor is elected for four years, and is ineligiblethe next four. Age, twenty-eight years; citizenship, and residence inthe state four years. A lieutenant-governor. 

A secretary of state and a treasurer are elected by the electors, theformer for four years, the latter for two years. 

_Judiciary. _ A supreme court and such inferior courts as the legislaturemay establish, and justices of the peace. The supreme court is composedof a chief-justice and four associate justices; the former elected bythe electors of the state at large, the latter in their respectivedistricts. They are elected for ten years, one of the five every twoyears. Judges of the inferior courts are elected in their respectiveparishes or districts. Justices of the peace are elected for two yearsby the electors in each parish, district, or ward. 

An attorney-general and a requisite number of district-attorneys, areelected for four years; the former by the electors of the whole state, the latter in their respective districts. 

A sheriff and a coroner are elected in each parish for two years. 

_Electors. _ White males, having been citizens two years, residents ofthe state one year, and of the parish six months. An elector removingfrom one parish to another, may vote in the former until he shall havebecome a voter in the latter. 

_Amendments_ are proposed by two-thirds of all the members of eachhouse, and ratified by a majority of the electors voting thereon at thenext general election. 

Texas. 

Texas, formerly a part of Mexico, declared itself independent in 1835. By a joint resolution of congress, approved December 29, 1845, thisindependent republic was admitted as a state into the union. 

_Electors. _ White male citizens who have resided in the state one year, and the last six months in the district, city, or town in which theyoffer to vote. If an elector happens to be in any other county withinhis district, he may there vote for any district officer; and he mayvote any where in the state for state officers. 

_Legislature. _ Representatives, not less than forty-five, nor more thanninety, are apportioned among the counties according to the freepopulation, and are elected for two years. They must have been residentsof the state two years, of the county, city, or town they represent, oneyear. Senators, no less than nineteen, nor more than thirty-three, areelected in districts for four years, one-half every two years; must bethirty years of age; inhabitants of the state three years, of thedistrict one year. 

Bills negatived by the governor become laws when passed by two-thirds ofboth houses; bills not returned within five days become laws. Two-thirdsof each house constitutes a quorum. 

_Judiciary. _ A supreme court, district courts, and such inferior courtsas the legislature may establish. The supreme court consists of achief-justice and two associates, and has appellate jurisdictionchiefly. It holds sessions once a year in not more than three places inthe state. District courts are held by the judge of each judicialdistrict at one place in each county at least twice a year. The judgesof both the supreme and district courts are elected by the people forsix years. 

A convenient number of justices of the peace, one sheriff, one coroner, and a sufficient number of constables, are elected in each county fortwo years. The sheriff is eligible only four years in six. 

_Executive. _ The governor is elected for two years; is eligible fouryears in every six. Age, thirty years; state residence, three years; acitizen of the United States, or a citizen of the state of Texas at thetime of the adoption of the constitution. A lieutenant-governor. 

A treasurer, a controller of public accounts, and an attorney-generalare elected by the people for two years. A secretary of state isappointed by the governor and senate, to hold during the official termof the governor. 

_Amendments_ are proposed by two-thirds majorities of the legislature, approved by the electors, and ratified by majorities of two-thirds ofthe next legislature. 

Arkansas. 

In 1836, this state was admitted into the union with its presentconstitution, which was slightly amended in 1845. 

_Electors. _ White male citizens, residents of the state six months, andactual residents of the county. 

_Legislature_--styled _general assembly_. Representatives, not more thanone hundred, nor less than fifty-four, are apportioned among thecounties according to the number of free white male inhabitants, and areelected for two years. Age, twenty-five years; residents of the countiesthey represent. Senators are chosen in single districts for four years, one-half every two years; the number to be not less than seventeen, normore than thirty-three. Age, thirty years, inhabitants of the state oneyear, and actual residents of the district they represent. 

General elections are _viva voce_, until otherwise directed by law. Bills are passed against the veto by majorities of all the members. Bills not returned within three days become laws, unless their return isprevented by adjournment. 

_Executive. _ The governor is elected for four years, and is ineligblemore than eight in twelve years. Age, thirty years; residence in thestate four years. No lieutenant-governor. 

A secretary of state for four years, and an auditor and a treasurer fortwo years, are elected by a joint vote of both houses. 

_Judiciary. _ A supreme court, circuit courts, county courts, andjustices of the peace. The supreme court is composed of three judges, elected by the legislature for eight years; one every four years, oneevery six, and one every eight years. In each circuit a judge is electedby the legislature for four years. There is in each county a countycourt held by justices of the peace. Justices are elected in thetownships for two years. 

An attorney of state is elected in each judicial district for two years. 

A sheriff, a coroner, a treasurer and a county-surveyor, are elected ineach county for two years. 

_Amendments_ may be made by two successive legislatures, by two-thirdsmajorities. 

Missouri. 

This state was admitted into the union in 1821. The present constitutionwas adopted in 1820, and has been several times amended. 

_Legislature_--styled the _general assembly_. Representatives areapportioned among the counties on the basis of the white population, andare elected for two years. Age, twenty-four years; state residence, twoyears; county or district one year; payment of state or county tax. Senators, not to be less than twenty-five, nor more than thirty-three, are chosen in single districts for four years, one-half every twoyears. Age, thirty years; residence in the state, four years; in thedistrict, one year; payment of a state or county tax. 

Sessions of the legislature are limited to sixty days. Bills vetoed bythe governor must be passed by majorities of all the members to becomelaws. Bills not returned by the governor within four days become laws, unless their return is prevented by adjournment. 

_Electors. _ White male citizens, having resided in the state one year, in the county or district three months. 

_Executive. _ The governor is elected for four years, and is ineligiblethe next four; must be thirty years of age; have been a citizen of theUnited States ten years, and of the state five years. Alieutenant-governor. 

A secretary of state, an auditor of public accounts, a treasurer, anattorney-general, and a register of lands, are elected by the people forfour years. 

_Judiciary. _ A supreme court, circuit courts, justices of the peace, andsuch other tribunals as the general assembly shall establish. The threejudges of the supreme court are elected by the electors of the state forsix years. A judge in each of the circuits is elected by the electorsthereof for six years. Justices of the peace are elected in thetownships. 

_Amendments_ may be proposed every fourth year by a majority of thewhole of each house; and they take effect when ratified by the electorsof the state. 

Tennessee. 

This state was admitted into the union with its first constitution in1796. The present one was formed in 1835. 

_Legislature_--styled _general assembly_. Representatives areapportioned among the counties or districts according to the number ofqualified voters in each, and are not to exceed seventy-five until thepopulation of the state shall be 1, 500, 000, and may never exceedninety-nine. They must be citizens of the state three years, andresidents of the county they represent one year. Senators areapportioned as representatives; the number not to exceed one-third ofthe number of representatives; must be thirty years of age; in otherrespects qualified as representatives. Both are elected biennially. 

Bills passed by both houses are laws without having been presented tothe governor. _Quorum_, two-thirds of each house. 

_Executive. _ The governor is elected for two years; and may not hold theoffice more than six in any term of eight years. He must be thirty yearsof age, and have been a citizen of the state seven years. Nolieutenant-governor. 

A secretary of state for four years, and a treasurer for two years, arechosen by joint vote of the general assembly. 

_Electors. _ White males having been citizens of the county six months;also male persons of color, twenty-one years of age, who are competentwitnesses in a court of justice against a white man. 

_Judiciary. _ A supreme court, such inferior courts as the legislaturemay establish, and justices' courts. The supreme court consists of threejudges, one in each of the grand divisions of the state, elected fortwelve years. Judges of inferior courts are elected for eight years. Forthe election of justices of the peace, each county is divided intodistricts of convenient size, in each of which are elected two justicesand one constable. A district containing a county town, may elect threejustices and two constables. 

Attorneys for the state are elected by joint assembly for six years. 

In each county are elected one sheriff, and one trustee for two years;and one register for four years. The justices of the peace of eachcounty elect one coroner and one ranger for two years. 

_Amendments_ are proposed by majorities of all the members elected, approved by two-thirds of all the members of the next legislature, andratified by the people. 

Kentucky. 

The first constitution of this state was adopted in 1790; and the statewas admitted with the same in 1792. Another was adopted in 1799; and thepresent in 1850. 

_Legislature_--styled _general assembly_. The house of representativesconsists of one hundred members, elected for two years; apportionedamong the counties in proportion to the qualified voters. Age, twenty-four years; state residence, two years; county, one year. When acity or town has a sufficient number of voters, it may elect one or morerepresentatives. Senate, thirty-eight members, one elected in eachdistrict for four years; one-half every two years. Age, thirty years;residence in the state six years, in the district, one year. 

Bills vetoed by the governor, if again passed by majorities of all themembers elected, are laws; also if not returned by him within ten days, unless the return is prevented by adjournment; in which case they becomelaws, unless sent back within three days after the commencement of thenext session. 

_Executive. _ The governor is elected for four years, and is ineligiblethe next four. Age, thirty-five years; residence in the state six years. A lieutenant-governor. 

A treasurer for two years; and an auditor of public accounts, a registerof the land-office, and an attorney-general for four years, are chosenby the electors. 

_Judiciary. _ A supreme court, styled court of appeals, consisting offour judges, one to be elected in each district for eight years, in suchrotation that one may be elected every two years. Should the number bechanged, the principle of electing one every two years is to bepreserved. A circuit court to be held in each county by a districtjudge, one to be elected in each of the twelve judicial districts, forsix years. The number of districts may be increased, but may not exceedsixteen until the population shall exceed 1, 500, 000. A county court ineach county, consisting of a presiding judge and two associates, electedfor four years. Other inferior courts may be established by law. 

Justices of the peace in each county are elected in districts, two ineach district for four years, and a constable for four years. A state'sattorney for each judicial district; a sheriff in each county, for twoyears, and several other county officers. 

_Electors. _ White male citizens who have resided in the state two years;in the county, town, or city, one year; and in the precinct in whichthey offer to vote, sixty days. 

_Amendments_ by conventions only are provided for. No convention may becalled by the legislature, until a majority of all the voters of thestate shall have voted at two successive elections in favor of calling aconvention. 

Ohio. 

The first constitution of this state was adopted in 1802, preparatory toher admission into the union; the present one, in 1851. 

_Legislature_--styled _general assembly_. Senators and representativesare elected biennially in their respective counties or districts, inwhich they must have resided a year. The ratio of representation in thehouse is ascertained by dividing the whole population of the state bythe number one hundred; the quotient being the ratio for the next tenyears. The ratio for a senator is ascertained by dividing the wholepopulation by thirty-five. Senators are elected in districts. Therepresentation of fractions of population is provided for. 

Bills are not submitted to the governor. Quorum, not less than amajority. 

_Executive. _ A governor, a lieutenant-governor, a secretary of state, atreasurer, and an attorney-general, are elected for two years; and anauditor for four years. 

_Judiciary. _ A supreme court consisting of five judges chosen by theelectors of the state at large for five years, one, every year. Thenumber may be altered by law. A district court in each of the ninecommon pleas districts, composed of a supreme court judge and the judgesof the court of common pleas of the respective districts, and held ineach county within a district, or in at least three places in eachdistrict. One or more of these judges hold a court of common pleas inevery county in the district. A county probate judge is elected forthree years. 

Justices of the peace, a competent number, are elected in each townshipfor three years. 

A sheriff is elected in each county for two years, but may hold onlyfour years in any period of six years. 

_Electors. _ White male citizens who have resided in the state one year, and in the county, township, or ward, such time as the law shallprescribe. 

_Amendments_ are proposed by three-fifths of all the members elected toeach house, and ratified by a majority of the voters who vote thereon atan election. Or a majority of two-thirds of all the members of eachhouse may submit to the electors the question of calling a convention;and if a majority of the electors vote for a convention, the legislatureshall provide for calling the same. Every twentieth year, the questionof calling a convention is to be submitted to the electors. 

Indiana. 

This state formed a constitution and was admitted into the union, in1816. The present constitution was adopted in 1851. 

_Electors. _ White male citizens, having resided in the state six months. Also foreigners who have resided in the United States one year, in thestate six months, and have declared their intention to become citizens. 

_Legislature_--styled _general assembly_. The number of senators may notexceed fifty; the number of representatives may not exceed one hundred;both to be chosen in their respective counties or districts, senatorsfor four years, one-half every two years; representatives for two years. Both are apportioned according to the number of white male inhabitantstwenty-one years of age, every six years. They must have been citizensof the state two years; of the county or district, one year. Senatorsmust be twenty-five years of age. 

Quorum, two-thirds. Bills must be finally passed by majorities of allthe members elected. The same majorities enact a bill disapproved by thegovernor. If he does not return a bill within three days, it is a law, unless its return is prevented by adjournment; in which case it will bea law, unless he shall, within five days after the adjournment, file thebill, with his objections, in the office of the secretary of state, whoshall lay the same before the general assembly at the next session, asif it had been returned by the governor. Bids may not be presented tothe governor within two days previous to the adjournment. 

_Executive. _ The governor is elected for four years; and is eligibleonly four years in eight. Age, thirty years; citizenship, five years;state residence, five years. A lieutenant-governor. 

A secretary of state, an auditor, and a treasurer, are elected for twoyears, and are eligible four years in six. 

_Judiciary. _ A supreme court, circuit courts, and such inferior courtsas the general assembly may establish. Judges of the supreme court, notless than three nor more than five, one in each district, are elected bythe electors of the state at large, for six years. Circuit courtsconsist of a judge for each judicial circuit, chosen by the electorsthereof, for six years; and a prosecuting attorney for the circuit, fortwo years. Justices of the peace are elected for four years in thetownships. 

There are elected in each county, a clerk of the circuit court, anauditor, a recorder, a treasurer, a sheriff, a coroner, and a surveyor;the first three for four years; the others for two years. The sheriffand treasurer are eligible only four years in eight; the first threeeight years in twelve. 

_Amendments_ must be agreed to by two successive legislatures, amajority of all the members of each house concurring, and ratified bythe electors of the state. 

Illinois. 

Illinois was admitted into the union in 1818. The present constitutionis dated August 31, 1847. 

_Legislature_--styled _general assembly_. Representatives are electedfor two years; must be twenty-five years of age; inhabitants of thestate three years, and of the county or district, one year; and havepaid a state or county tax. The number is never to exceed one hundred. The districts are not limited to a single representative. The senateconsists of twenty-five members, elected in single districts, for fouryears, one-half every two years; must be thirty years of age; citizensof the United States; inhabitants of the state five years, of the countyor district, one year; and have paid a county or state tax. Apportionments of senators and representatives are made after eachcensus, taken in 1855, and every ten years thereafter. 

Quorum, two-thirds. Bills passed against the veto by a majority of allthe members elected to each house. If not returned within ten days, theyare laws, unless their return is prevented by adjournment; in which casethey must be returned on the first day of the next legislative session, or they will be laws. 

_Executive. _ The governor is elected for four years, and is eligiblefour years in eight. Age, thirty-five years; citizenship, fourteenyears; state residence, ten years. A lieutenant-governor. 

A secretary of state and an auditor of public accounts are elected forfour years, and a treasurer for two years. 

_Judiciary. _ A supreme court of three judges, one to be chosen in eachof the three grand divisions, for nine years, one every three years; theone oldest in commission to be chief-justice. The legislature mayprovide for their election by the whole state. Circuit judges areelected for six years, one in each of the nine judicial districts, thenumber of which may be increased, if necessary. A circuit court is to beheld two or more terms annually in each county. A judge of the countycourt is elected in each county for four years, and has also probatejurisdiction. 

Justices of the peace are elected in each county by districts for fouryears. Inferior local courts may be established in the cities by thelegislature. 

A state's attorney is elected in each judicial circuit, for four years;or in each county, if the legislature shall so direct. In each county aclerk of the circuit court is elected for four years and a sheriff fortwo years, who is eligible only once in four years; a supreme courtclerk by the electors of each grand division. 

_Electors. _ White male citizens having resided in the state one year. Apoll or capitation-tax of not less than fifty cents, nor more than adollar, may, in case of necessity, be laid upon every voter under sixtyyears of age. 

_Amendments_ must be proposed by two-thirds majorities of all themembers of one legislature, approved by majorities of all the members ofthe next legislature, and ratified by the electors at the next generalelection. Or, the legislature, by two-thirds majorities of all themembers, may submit to the people the question of calling a convention;and if a majority of the electors voting for representatives shall votefor a convention, an act for calling one shall be passed. 

Michigan. 

This state was admitted into the union in 1836. The present constitutionwas adopted in 1850. 

_Legislature. _ The senate has thirty-two members, elected in singledistricts, for two years. Representatives, not less than sixty-four, normore than one hundred, are elected also in single districts, for twoyears. An apportionment of members is made every ten years. Anyqualified elector holding no other office, is eligible to either house. 

The final passage of bills requires a majority of all the memberselected to each house. Majorities of two-thirds of all the members passbills against the veto. Bills not returned within ten days, are lawsunless their return is prevented by adjournment. Bills passed withinthe last five days of a session, may be signed by the governor and filedby him in the office of the secretary of state within five days afterthe adjournment; and the same become laws. 

_Executive. _ The governor is elected for two years; must be thirty yearsof age; have been a citizen of the United States five years, and aresident of the state two years. A lieutenant-governor. 

_Judiciary. _ A supreme court, circuit courts, a probate court, andjustices of the peace. For six years, and until the legislature shallotherwise provide, the circuit judges are to be judges of the supremecourt. After six years, a supreme court may be organized, consisting ofa chief-justice and three associate justices, chosen by the electors foreight years, and so classed that only one of them shall go out of officeat a time. A circuit judge is elected in each of the eight judicialcircuits for six years. The number of circuits may be increased. Theprobate judge of each county is elected for four years. 

Justices of the peace, not exceeding four, are elected in each township, for four years. 

_Electors. _ White male citizens who have resided in the state threemonths, and in the township or ward ten days; also foreigners after aresidence of two and a half years in the state, and a declaration oftheir intention to become citizens; and civilized males of Indiandescent. 

A secretary of state, a superintendent of public instruction, atreasurer, a commissioner of the land-office, an auditor-general, andattorney-general, are elected for two years. 

In each county are elected a sheriff, a county clerk, a countytreasurer, a register of deeds, and a prosecuting attorney, all for twoyears. The sheriff can hold only four years in six. The board ofsupervisors may unite the offices of clerk and register in one office. 

_Amendments_ are proposed by two-thirds of all the members of eachbranch, and ratified by a majority of the electors voting thereon at thenext general election. Every sixteenth year the question of a generalrevision of the constitution by a convention shall be submitted to theelectors of the state. 

Wisconsin. 

This state was admitted into the union by an act of congress, May 29, 1848. 

_Electors. _ White male citizens, or foreigners who have declared theirintention to become citizens, having resided in the state one year; alsocivilized persons of Indian descent, not members of any tribe. 

_Legislature. _ A senate and an assembly. Members of the assembly areelected annually; the number not to be less than fifty-four, nor greaterthan one hundred. The number of senators may not be less thanone-fourth, nor greater than one-third of the number of members ofassembly. Senators are chosen for two years, half every year. Members ofboth houses are elected in single districts, apportioned every fiveyears; and must have resided in the state a year, and be qualifiedelectors of the districts. 

Bills are passed over the veto by majorities of two-thirds. Quorum, amajority. 

_Executive. _ The governor is elected for two years. Any citizen of theUnited States and qualified elector of the state, is eligible to theoffice of governor or lieutenant-governor. 

A secretary of state, a treasurer, and an attorney-general, are electedfor two years. 

Sheriffs, coroners, registers of deeds, and district-attorneys, areelected in counties, for two years. Sheriffs are ineligible for the nexttwo years. 

_Judiciary. _ A supreme court, circuit courts, courts of probate, andjustices of the peace. Inferior courts, with limited civil jurisdiction, may be established by law in the several counties. By the constitution, the judges of the circuit courts were to be judges of the supreme courtfor five years, and until the legislature should otherwise provide. Aseparate supreme court may be organized, to consist of a chief-justiceand two associate justices elected by the electors of the state for sixyears; one only to be elected at a time. The circuit judges also, one ineach judicial circuit, are elected for six years. The supreme courtshall hold at least one term annually at the seat of government, and atsuch other places as the legislature may provide. A circuit court is tobe held at least twice a year in each county. 

A judge of probate is chosen in each county for two years; but theoffice may be abolished, and probate powers conferred on inferior countycourts. Justices of the peace are elected in the several towns, cities, and villages, for two years. 

_Amendments_ are to be approved by a majority of the whole of each houseof two successive legislatures, and ratified by the people. Also thelegislature may submit to the people the question of calling aconvention to revise or change the constitution. 

Iowa. 

The state of Iowa was admitted into the union by an act of congressapproved December 28, 1846. 

_Electors. _ White male citizens, resident in the state six months, andin the county twenty days. 

_Legislature. _ The two houses are called the _general assembly_. Representatives are elected in their respective districts for two years;their number to be not less than thirty-nine, nor exceed seventy-two. They must be inhabitants of the state one year, and residents of thecounty or district thirty days. Senators, in number not less thanone-third, nor more than one-half of the number of representatives, areelected for four years, one-half every two years. Age, twenty-fouryears; otherwise qualified as representatives. 

Two-thirds majorities of the members present, pass bills vetoed by thegovernor. Bills not returned within three days also become laws, unlesstheir return is prevented by adjournment. 

_Executive. _ The governor is elected for four years; must have been acitizen of the United States and a resident of the state, two years; andmust be thirty years of age. No lieutenant-governor. In case of vacancyin the office of governor, the office devolves upon the secretary ofstate until the vacancy is filled. 

A secretary of state, an auditor of public accounts, and a treasurer, are elected for two years. 

_Judiciary. _ A supreme court, district courts, and such inferior courtsas the legislature may establish. The supreme court consists of achief-justice and two associates, elected by joint vote of the twobranches, for six years. It has appellate jurisdiction only in all casesof chancery, and constitutes a court for the correction of errors atlaw. Each district court consists of a judge elected by the voters ofthe district, for five years, at the township elections. A prosecutingattorney and a clerk of the district court, are elected in each countyat the general election, for two years. 

_Amendments_ are provided for only by a convention. The legislature mayprovide for a vote of the people, and if a majority of the votes are infavor of a convention, an election of delegates is to be held within sixmonths. 

California. 

The constitution of this state was adopted November 13, 1849; and thestate was admitted by act of congress, September 9, 1850. 

_Electors. _ White male citizens of the United States, and white malecitizens of Mexico having elected to become citizens of the UnitedStates under the treaty of peace, who have resided in the state sixmonths, and in the county or district thirty days. 

_Legislature. _ Senate and assembly. Members of assembly, the number tobe not less than thirty, nor greater than eighty, are chosen annually bydistricts. Senators, not to be less than one-third nor more thanone-half of the number of members of assembly, are elected by districtsfor two years, one-half every year. Members of both houses must haveresided in the state two years, and in their respective districts oneyear, and be qualified voters. They are apportioned every five years. 

Bills, rejected by the governor, must be passed by a majority oftwo-thirds of each house, to become a law. Bills become laws if notreturned by the governor within ten days, unless the legislature shallsooner adjourn. 

_Executive. _ A governor and a lieutenant-governor are elected for twoyears. Age, twenty-five years, and two years' residence in the state. 

A secretary of state, a controller, a treasurer, an attorney-general, and a surveyor-general, are elected for two years, by joint vote of thetwo houses. 

_Judiciary. _ A supreme court, district courts, county courts, justicesof the peace, and such municipal and other inferior courts as thelegislature may establish. The supreme court consists of three judgeselected by the electors of the state for six years, one every two years;the senior justice in commission to be chief-justice. District judgesare elected in their respective districts for six years. A judge of thecounty court is elected in each county for four years, and performs alsothe duties of judge of probate. The number of justices of the peaceelected in each county, city, town, or village, is fixed by law. 

The election of sheriffs, coroners, county clerks and certain otherofficers, is provided for by law. 

_Amendments_ must be agreed to by majorities of all the members of thetwo houses of two successive legislatures, and ratified by the people. The legislature may, by two-thirds majorities, submit to the people thequestion of calling a convention for a general revision of theconstitution. 

Minnesota. 

This state was admitted into the union in 1858. 

_Electors. _ White male citizens having resided in the United States oneyear, and in the state four months. Also foreigners who have so resided, and declared their intention to become citizens; and persons of mixedwhite and Indian blood, and of Indian blood, under certain regulations. 

_Legislature. _ A senate and a house of representatives. The firstlegislature consisted of thirty-seven senators and eightyrepresentatives. 

_Executive. _ A governor and a lieutenant-governor are elected for twoyears. 

A secretary of state, a treasurer, and an attorney-general, are electedfor two years, and a state auditor for three years. 

_Judiciary. _ The judicial power is vested in a supreme court, districtcourts, courts of probate, justices of the peace, and such other courtsinferior to the supreme court, as the legislature may establish by atwo-thirds vote. 

Constitution of the United States. 

We, the people of the United States, in order to form a more perfectunion, establish justice, insure domestic tranquillity, provide for thecommon defense, promote the general welfare, and secure the blessings ofliberty to ourselves and our posterity, do ordain and establish thisConstitution for the United States of America. 

Article I. 

Section. All legislative powers herein granted shall be vestedin a congress of the United States, which shall consist of a senate andhouse of representatives. 

Sec. 2. The house of representatives shall be composed ofmembers chosen every second year, by the people of the several states;and the electors in each state shall have the qualifications requistefor electors of the most numerous branch of the state legislature. 

No person shall be a representative who shall not have attained to theage of twenty-five years, and been seven years a citizen of the UnitedStates, and who shall not, when elected, be an inhabitant of that statein which he shall be chosen. 

Representatives and direct taxes shall be apportioned among the severalstates which may be included within this union, according to theirrespective numbers, which shall be determined by adding to the wholenumber of free persons, including those bound to service for a term ofyears, and excluding Indians not taxed, three-fifths of all otherpersons. The actual enumeration shall be made within three years afterthe first meeting of the congress of the United States, and within everysubsequent term of ten years, in such manner as they shall by lawdirect. The number of representatives shall not exceed one for everythirty thousand, but each state shall have at least one representative;and until such enumeration shall be made, the state of New Hampshireshall be entitled to choose _three_; Massachusetts, _eight_; RhodeIsland and Providence Plantations, _one_; Connecticut, _five_; New York, _six_; New Jersey, _four_; Pennsylvania, _eight_; Delaware, _one_;Maryland, _six_; Virginia, _ten_; North Carolina, _five_; SouthCarolina, _five_; and Georgia, _three_. 

When vacancies happen in the representation from any state, theexecutive authority thereof shall issue writs of election to fill suchvacancies. 

The house of representatives shall choose their speaker and otherofficers, and shall have the sole power of impeachment. 

Sec. 3. The senate of the United States shall be composed oftwo senators from each state, chosen by the legislature thereof, for sixyears; and each senator shall have one vote. 

Immediately after they shall be assembled in consequence of the firstelection, they shall be divided as equally as may be, into threeclasses. The seats of the senators of the first class shall be vacatedat the expiration of the second year; of the second class at theexpiration of the fourth year; and of the third class at the expirationof the sixth year; so that one-third may be chosen every second year;and if vacancies happen, by resignation or otherwise, during the recessof the legislature of any state, the executive thereof may maketemporary appointments, until the next meeting of the legislature, whichshall then fill such vacancies. 

No person shall be a senator who shall not have attained to the age ofthirty years, and been nine years a citizen of the United States, andwho shall not, when elected, be an inhabitant of that state for which heshall be chosen. 

The vice-president of the United States shall be president of thesenate, but shall have no vote, unless they be equally divided. 

The senate shall choose their other officers, and also a president protempore, in the absence of the vice-president, or when he shall exercisethe office of president of the United States. 

The senate shall have the sole power to try all impeachments: whensitting for that purpose, they shall be on oath or affirmation. When thepresident of the United States is tried, the chief-justice shallpreside; and no person shall be convicted without the concurrence oftwo-thirds of the members present. 

Judgment, in cases of impeachment, shall not extend further than toremoval from office, and disqualification to hold and enjoy any officeof honor, trust, or profit, under the United States; but the partyconvicted shall, nevertheless, be liable and subject to indictment, trial, judgment and punishment, according to law. 

Sec. 4. The times, places and manner of holding elections forsenators and representatives, shall be prescribed in each state by thelegislature thereof; but the congress may at any time, by law, make oralter such regulations, except as to the places of choosing senators. 

The congress shall assemble at least once in every year; and suchmeeting shall be on the first Monday in December, unless they shall, bylaw, appoint a different day. 

Sec. 5. Each house shall be the judge of the elections, returnsand qualifications of its own members; and a majority of each shallconstitute a quorum to do business; but a smaller number may adjournfrom day to day, and may be authorized to compel the attendance ofabsent members, in such manner, and under such penalties, as each housemay provide. 

Each house may determine the rules of its proceedings, punish itsmembers for disorderly behavior, and, with the concurrence oftwo-thirds, expel a member. 

Each house shall keep a journal of its proceedings, and from time totime 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, beentered on the journal. 

Neither house, during the session of congress, shall, without theconsent of the other, adjourn for more than three days, nor to any otherplace than that in which the two houses shall be sitting. 

Sec. 6. The senators and representatives shall receive acompensation for their services, to be ascertained by law, and paid outof the treasury of the United States. They shall, in all cases, excepttreason, felony and breach of the peace, be privileged from arrestduring their attendance at the session of their respective houses, andin going to and returning from the same; and for any speech or debate ineither house, they shall not be questioned in any other place. 

No senator or representative shall, during the time for which he waselected, be appointed to any civil office under the authority of theUnited States, which shall have been created, or the emoluments whereofshall have been increased during such time; and no person holding anyoffice under the United States, shall be a member of either house duringhis continuance in office. 

Sec. 7. All bills for raising revenue shall originate in thehouse of representatives; but the senate may propose, or concur with, amendments, as on other bills. 

Every bill which shall have passed the house of representatives and thesenate, shall, before it become a law, be presented to the president ofthe United States; if he approve, he shall sign it; but if not he shallreturn it, with his objections, to that house in which it shall haveoriginated, who shall enter the objections at large on their journal, and proceed to reconsider it. If after such reconsideration, two-thirdsof that house shall agree to pass the bill, it shall be sent, togetherwith the objections, to the other house, by which it shall likewise bereconsidered, and, if approved by two-thirds of that house, it shallbecome a law. But, in all such cases, the votes of both houses shall bedetermined by yeas and nays, and the names of the persons voting for andagainst the bill shall be entered on the journal of each houserespectively. If any bill shall not be returned by the president withinten 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, unlessthe congress, by their adjournment, prevent its return, in which case itshall not be a law. 

Every order, resolution, or vote, to which the concurrence of the senateand house of representatives may be necessary, (except on a question ofadjournment, ) shall be presented to the president of the United States, and before the same shall take effect, shall be approved by him, or, being disapproved by him, shall be repassed by two-thirds of the senateand house of representatives, according to the rules and limitationsprescribed in the case of a bill. 

Sec. 8. The congress shall have power:

To lay and collect taxes, duties, imposts, and excises to pay the debtsand provide for the common defense, and general welfare of the UnitedStates; but all duties, imposts, and excises shall be uniform throughoutthe United States:

To borrow money on the credit of the United States:

To regulate commerce with foreign nations, and among the several states, and with the Indian tribes:

To establish a uniform rule of naturalization, and uniform laws on thesubject of bankruptcies throughout the United States:

To coin money; to regulate the value thereof, and of foreign coin; andfix the standard of weights and measures:

To provide for the punishment of counterfeiting the securities andcurrent coin of the United States:

To establish post offices and post roads:

To promote the progress of science and useful arts, by securing forlimited times, to authors and inventors, the exclusive right to theirrespective writings and discoveries:

To constitute tribunals inferior to the supreme court:

To define and punish piracies and felonies committed on the high seas, and offenses against the law of nations:

To declare war; grant letters of marque and reprisal; and make rulesconcerning captures on land and water:

To raise and support armies; but no appropriation of money to that useshall be for a longer term than two years:

To provide and maintain a navy:

To make rules for the government and regulation of the land and navalforces:

To provide for calling forth the militia to execute the laws of theunion, suppress insurrections, and repel invasions:

To provide for organizing, arming and disciplining the militia, and forgoverning such part of them as may be employed in the service of theUnited States; reserving to the states respectively, the appointment ofthe officers, and the authority of training the militia, according tothe discipline prescribed by congress:

To exercise exclusive legislation in all cases whatsoever, over suchdistrict (not exceeding ten miles square) as may, by cession ofparticular states, and the acceptance of congress, become the seat ofthe government of the United States, and to exercise like authority overall places purchased by the consent of the legislature of the state inwhich the same shall be, for the erection of forts, magazines, arsenals, dock-yards, and other needful buildings: And, To make all laws which shall be necessary and proper for carrying intoexecution the foregoing powers, and all other powers vested by thisconstitution in the government of the United States, or in anydepartment or officer thereof. 

Sec. 9. The migration or importation of such persons as any ofthe states now existing shall think proper to admit, shall not beprohibited by the congress prior to the year one thousand eight hundredand eight; but a tax or duty may be imposed on such importation, notexceeding ten dollars for such person:

The privilege of the writ of habeas corpus shall not be suspended unlesswhen, in cases of rebellion or invasion, the public safety may requireit. 

No bill of attainder or ex post facto law shall be passed. 

No capitation or other direct tax shall be laid, unless in proportion tothe census or enumeration hereinbefore directed to be taken. 

No tax or duty shall be laid on articles exported from any state. Nopreference shall be given, by any regulation of commerce or revenue, tothe ports of one state, over those of another; nor shall vessels boundto or from one state be obliged to enter, clear, or pay duties inanother. 

No money shall be drawn from the treasury, but in consequence ofappropriations made by law; and a regular statement and account of thereceipts and expenditures of all public money shall be published fromtime to time. 

No title of nobility shall be granted by the United States; and noperson holding any office of profit or trust under them shall, withoutthe consent of the congress, accept of any present, emolument, office, or title of any kind whatever, from any king, prince, or foreign state. 

Sec. 10. No state shall enter into any treaty, alliance, orconfederation; grant letters of marque and reprisal; coin money; emitbills of credit; make anything but gold and silver coin a tender inpayment of debts; pass any bill of attainder, ex post facto law, or lawimpairing the obligation of contracts; or grant any title of nobility. 

No state shall, without the consent of the congress, lay any imposts orduties on imports or exports, except what may be absolutely necessaryfor executing its inspection laws; and the net produce of all duties andimposts laid by any state on imports or exports, shall be for the use ofthe treasury of the United States; and all such laws shall be subject tothe revision and control of the congress. No state shall, without theconsent of congress, lay any duty of tonnage, keep troops or ships ofwar in time of peace, enter into any agreement or compact with anotherstate, or with a foreign power, or engage in war unless actuallyinvaded, or in such imminent danger as will not admit of delay. 

Article II. 

Section 1. The executive power shall be vested in a presidentof the United States of America. He shall hold his office during theterm of four years, and, together with the vice-president, chosen forthe same term, be elected as follows:

Each state shall appoint, in such manner as the legislature thereof maydirect, a number of electors equal to the whole number of senators andrepresentatives to which the state may be entitled in the congress; butno senator or representative, or person holding an office of trust orprofit under the United States, shall be appointed an elector. 

The electors shall meet in their respective states, and vote by ballotfor two persons, of whom one at least shall not be an inhabitant of thesame state with themselves. And they shall make a list of all thepersons voted for, and of the number of votes for each, which list theyshall sign and certify, and transmit, sealed, to the seat of thegovernment of the United States, directed to the president of thesenate. The president of the senate shall, in the presence of the senateand house of representatives, open all the certificates, and the votesshall then be counted. The person having the greatest number of votesshall be the president, if such number be a majority of the whole numberof electors appointed; and if there be more than one who have suchmajority, and have an equal number of votes, then the house ofrepresentatives shall immediately choose by ballot one of them forpresident; and if no person have a majority, then, from the five higheston the list, the said house shall, in like manner, choose the president. But in choosing the president, the votes shall be taken by states, therepresentation from each state having one vote; a quorum for thispurpose shall consist of a member or members from two-thirds of thestates, and a majority of the states shall be necessary to a choice. Inevery case, after the choice of the president, the person having thegreatest number of votes of the electors, shall be the vice-president. But if there should remain two or more who have equal votes, the senateshall choose from them, by ballot, the vice-president. 

[By the 12th article of amendment, the above clause has been repealed. ]

The congress may determine the time of choosing the electors, and theday on which they shall give their votes, which day shall be the samethroughout the United States. 

No person, except a natural born citizen, or a citizen of the UnitedStates at the time of the adoption of this constitution, shall beeligible to the office of president; neither shall any person beeligible to that office who shall not have attained to the age ofthirty-five years, and been fourteen years a resident within the UnitedStates. 

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 saidoffice, the same shall devolve on the vice-president, and the congressmay, by law, provide for the case of removal, death, resignation, orinability, both of the president and vice-president, declaring whatofficer shall then act as president; and such officer shall actaccordingly, until the disability be removed, or a president shall beelected. 

The president shall, at stated times, receive for his services acompensation, which shall neither be increased nor diminished during theperiod for which he shall have been elected; and he shall not receive, within that period, any other emolument from the United States, or anyof them. 

Before he enter on the execution of his office, he shall take thefollowing oath or affirmation:

"I do solemnly swear (or affirm) that I will faithfully execute theoffice of President of the United States; and will, to the best of myability, preserve, protect, and defend the constitution of the UnitedStates. 

Sec. 2. The president shall be commander-in-chief of the armyand navy of the United States, and of the militia of the several states, when called into the actual service of the United States; he may requirethe opinion, in writing, of the principal officer in each of theexecutive departments, upon any subject relating to the duties of theirrespective offices; and he shall have power to grant reprieves andpardons for offenses against the United States, except in cases ofimpeachment. 

He shall have power by and with the advice and consent of the senate, tomake treaties, provided two-thirds of the senators present concur: andhe shall nominate, and by and with the advice and consent of the senate, shall appoint ambassadors, other public ministers and consuls, judges ofthe supreme court, and all other officers of the United States whoseappointments are not herein otherwise provided for, and which shall beestablished by law: but the congress may, by law, vest the appointmentof such inferior officers as they think proper, in the president alone, in the courts of law, or in the heads of departments. 

The president shall have power to fill up all vacancies that may happenduring the recess of the senate, by granting commissions which shallexpire at the end of their next session. 

Sec. 3. He shall from time to time give to the congressinformation of the state of the union; and recommend to theirconsideration such measures as he shall judge necessary and expedient. He may, on extraordinary occasions, convene both houses, or either ofthem; and in case of disagreement between them, with respect to the timeof adjournment, he may adjourn them to such time as he shall thinkproper. He shall receive ambassadors and other public ministers. Heshall take care that the laws be faithfully executed; and shallcommission all the officers of the United States. 

Sec. 4. The president, vice-president, and all civil officersof the United States, shall be removed from office on impeachment for, and conviction of, treason, bribery, or other high crimes andmisdemeanors. 

Article III. 

Section 1. The judicial power of the United States shall bevested in one supreme court, and in such inferior courts as the congressmay, from time to time, ordain and establish. The judges both of thesupreme and inferior courts, shall hold their offices during goodbehavior; and shall, at stated times, receive for their services acompensation which shall not be diminished during their continuance inoffice. 

Sec. 2. The judicial power shall extend to all cases in law andequity, arising under this constitution, the laws of the United Statesand treaties made, or which shall be made, under their authority; to allcases affecting ambassadors, other public ministers, and consuls; to allcases of admiralty and maritime jurisdiction; to controversies to whichthe United States shall be a party, to controversies between two or morestates; between a state and citizens of another state; between citizensof different states; between citizens of the same state claiming landsunder grants of different states; and between a state, or the citizensthereof; and foreign states, citizens or subjects. 

In all cases affecting ambassadors, other public ministers and consuls, and those in which a state shall be a party, the supreme court shallhave original jurisdiction. In all the other cases before mentioned, thesupreme court shall have appellate jurisdiction, both as to law andfact, with such exceptions, and under such regulations, as the congressshall make. 

The trial of all crimes, except in cases of impeachment, shall be byjury; and such trial shall be held in the state where the said crimesshall have been committed; but when not committed within any state, thetrial shall be at such place or places as the congress may by law havedirected. 

Sec. 3. Treason against the United States shall consist only inlevying war against them, or in adhering to their enemies, giving themaid and comfort. No person shall be convicted of treason, unless on thetestimony of two witnesses to the same overt act, or on confession inopen court. 

The congress shall have power to declare the punishment of treason; butno 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 otherstate. And the congress may, by general laws, prescribe the manner inwhich such acts, records and proceedings shall be proved, and the effectthereof. 

Sec. 2. The citizens of each state shall be entitled to all theprivileges and immunities of citizens in the several states. 

A person charged in any state with treason, felony, or other crime, whoshall flee from justice, and be found in another state, shall, on demandof the executive authority of the state from which he fled, be deliveredup, to be removed to the state having jurisdiction of the crime. 

No person held to service or labor in one state, under the laws thereof, escaping into another, shall, in consequence of any law or regulationtherein, be discharged from such service or labor; but shall bedelivered up on claim of the party to whom such service or labor may bedue. 

Sec. 3. New states may be admitted by the congress into thisunion; but no new state shall be formed or erected within thejurisdiction of any other state, nor any state be formed by the junctionof two or more states, or parts of states, without the consent of thelegislatures of the states concerned, as well as of the congress. 

The congress shall have power to dispose of, and make all needful rulesand regulations respecting the territory or other property belonging tothe United States; and nothing in this constitution shall be soconstrued as to prejudice any claims of the United States, or of anyparticular state. 

Sec. 4. The United States shall guaranty to every state in thisunion, a republican form of government; and shall protect each of themagainst invasion, and on application of the legislature, or of theexecutive (when the legislature cannot be convened) against domesticviolence. 

Article V. 

The congress, whenever two-thirds of both houses shall deem itnecessary, shall propose amendments to this constitution, or on theapplication of the legislatures of two-thirds of the several states, shall call a convention for proposing amendments; which, in either case, shall be valid to all intents and purposes, as part of thisconstitution, when ratified by the legislatures of three-fourths of theseveral states, or by conventions in three-fourths thereof, as the oneor the other mode of ratification may be proposed by the congress:Provided, that no amendment which may be made prior to the year onethousand eight hundred and eight, shall in any manner affect the firstand fourth clauses in the ninth section of the first article; and thatno state, without its consent, shall be deprived of its equal suffragein the senate. 

Article VI. 

All debts contracted, and engagements entered into, before the adoptionof this constitution, shall be as valid against the United States underthis constitution, as under the confederation. 

This constitution, and the laws of the United States which shall be madein pursuance thereof, and all treaties made or which shall be made underthe authority of the United States, shall be the supreme law of theland, and the judges in every state shall be bound thereby, any thing inthe constitution or laws of any state to the contrary notwithstanding. 

The senators and representatives before mentioned, and the members ofthe several legislatures, and all executive and judicial officers, bothof the United States, and of the several states, shall be bound, by oathor affirmation, to support this constitution; but no religious testshall ever be required as a qualification to any office or public trustunder the United States. 

Article VII. 

The ratification of the conventions of nine states shall be sufficientfor the establishment of this constitution between the states soratifying the same. 

Done in convention, by the unanimous consent of the states present, theseventeenth day of September, in the year of our Lord one thousand sevenhundred and eighty-seven, and of the Independence of the United Statesof America, the twelfth. In witness whereof we have hereunto subscribedour names. 

George Washington, _President, and Deputy from Virginia. _

_New Hampshire. _--John Langdon, Nicholas Gilman. 

_Massachusetts. _--Nathaniel Gorham, Rufus King. 

_Connecticut. _--Wm. Samuel Johnson, Roger Sherman. 

_New-York. _--Alexander Hamilton. 

_New Jersey. _--William Livingston, David Brearly, William Paterson, Jonathan Dayton. 

_Pennsylvania. _--Benjamin Franklin, Robert Morris, Thomas Fitzsimmons, James Wilson, Thomas Mifflin, George Clymer, Jared Ingersoll, GouverneurMorris. 

_Delaware. _--George Read, Gunning Bedford, Jr. , John Dickinson, RichardBassett, Jacob Broom. 

_Maryland. _--James M'Henry, Daniel of St. Thomas Jenifer, DanielCarroll. 

_Virginia. _--John Blair, James Madison, Jr. 

_North Carolina. _--William Blount, Richard Dobbs Spaight, HughWilliamson. 

_South Carolina. _--John Rutledge, Charles Pinckney, Pierce Butler, Charles Cotesworth Pinckney. 

_Georgia. _--William Few, Abraham Baldwin. 

_Attest:_ William Jackson, _Secretary_. 

Amendments. 

Article 1. Congress shall make no law respecting anestablishment of religion, or prohibiting the free exercise thereof; orabridging the freedom of speech or of the press; or the right of thepeople peaceably to assemble, and to petition the government for aredress of grievances. 

Art. II. A well regulated militia being necessary to thesecurity of a free state, the right of the people to keep and bear armsshall not be infringed. 

Art. III. No soldier shall, in time of peace, be quartered inany house without the consent of the owner, nor in a time of war, but ina manner to be prescribed by law. 

Art. 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 warrant shall issue, but upon probablecause, supported by oath or affirmation, and particularly describing theplace to be searched, and the person or things to be seized. 

Art. V. No person shall be held to answer for a capital orotherwise infamous crime, unless on a presentment or indictment of agrand jury, except in cases arising in the land or naval forces, or inthe militia when in actual service, in time of war or public danger; norshall any person be subject, for the same offense, to be twice put injeopardy of life or limb, nor shall be compelled, in any criminal case, to be a witness against himself; nor be deprived of life, liberty orproperty, without due process of law; nor shall private property betaken for public use, without just compensation. 

Art. VI. In all criminal prosecutions, the accused shall enjoythe right to a speedy and public trial, by an impartial jury of thestate and district wherein the crime shall have been committed, whichdistrict shall have been previously ascertained by law, and to beinformed of the nature and cause of the accusation; to be confrontedwith the witnesses against him; to have compulsory process for obtainingwitnesses in his favor, and to have the assistance of counsel for hisdefense. 

Art. VII. In suits at common law, where the value incontroversy shall exceed twenty dollars, the right of trial by juryshall be preserved, and no fact tried by a jury shall be otherwisereëxamined in any court of the United States, than according to therules of the common law. 

Art. VIII. Excessive bail shall not be required, nor excessivefines imposed, nor cruel and unusual punishments inflicted. 

Art. IX. The enumeration in the constitution of certain rights, shall not be construed to deny or disparage others retained by thepeople. 

Art. X. The powers not delegated to the United States, by theconstitution, nor prohibited by it to the states, are reserved to thestates respectively, or to the people. 

Art. XI. The judicial power of the United States shall not beconstrued to extend to any suit in law or equity, commenced orprosecuted against one of the United States by citizens of anotherstate, or by citizens or subjects of any foreign state. 

Art. XII. The electors shall meet in their respective statesand vote by ballot for president and vice-president, one of whom, atleast, shall not be an inhabitant of the same state with themselves;they shall name in their ballots the person voted for as president, andin distinct ballots the person voted for as vice-president, and theyshall make distinct lists of all persons voted for as president, and ofall persons voted for as vice-president, and of the number of votes foreach, which lists they shall sign and certify, and transmit sealed tothe seat of the government of the United States, directed to thepresident of the senate;--the president of the senate shall, in thepresence of the senate and house of representatives, open all thecertificates, and the votes shall then be counted;--the person havingthe greatest number of votes for president, shall be the president, ifsuch number be a majority of the whole number of electors appointed; andif no person have such majority, then, from the persons having thehighest numbers, not exceeding three, on the list of those voted for aspresident, the house of representatives shall choose immediately, byballot, the president. But in choosing the president, the votes shall betaken by states, the representatives from each state having one vote; aquorum for this purpose shall consist of a member or members fromtwo-thirds of the states, and a majority of all the states shall benecessary to a choice. And if the house of representatives shall notchoose a president whenever the right of choice shall devolve upon them, before the fourth day of March next following, then the vice-presidentshall act as president, as in the case of the death or otherconstitutional disability of the president. The person having thegreatest number of votes as vice-president, shall be the vice-president, if such number be a majority of the whole number of electors appointed, and if no person have a majority, then, from the two highest numbers onthe list, the senate shall choose the vice-president; a quorum for thepurpose shall consist of two-thirds of the whole number of senators, anda majority of the whole number shall be necessary to a choice. But noperson constitutionally ineligible to the office of president shall beeligible to that of vice-president of the United States. 

Index

Academies and colleges, 82Accessories to crime, 220Actions at law, defined, 64 how commenced, 64Adjutant-general, 92Administrators, duties of, 179Admission of states, 158Agent, responsibilities of, 202-204Alabama, constitution of, 259Aldermen, duties of, 60Aliens, power to pass laws for the naturalization of, 121, 122 disabilities of, 121Alliance, defined, 135Alliances, when binding, 230, 231 by states, prohibited, 135Amendments of the constitution, provision for, 160Appeals of suits, 68, 69Appellant, appellee, defined, 69Apellate jurisdiction, defined, 70Appointment, power of, (see Governor and President. )Apprentices and servants, 175, 176Aquatic rights, 183, 185Aristocracy, defined, 25Arkansas, constitution of, 264Army, standing, 149Arrest and examination of offenders, 69Arsenals, use of, 92Arson, defined, 217Assault and battery, 220Assessment and collection of taxes, 76-78Assessors, duties of, 77Assignments, 197-199Assumption of public debt, 160Attachment, suit by, 68Attainder of treason, 155Attorney, defined, 65Attorney, county or state's, 51, 56Attorney-general, state, 51 of United States, 151Auditor of state, 51 county, 65Auxiliary executive departments, 147-151

Bail, defined, how taken, 69, 70 excessive, forbidden, 165Bailment, 200-202Ballot, defined, 33Bankruptcy, power to pass laws of, 124Banks, and their operation, 86-88Belligerent, defined 228Betting and gaming, 221Bigamy, defined, 219Bill, defined, 45Bills, passage of, 45-43Bills of attainder, by congress, prohibited, 133 by states, prohibited, 137 of credit, defined, 136 passage of, prohibited, 136 of exchange, 213-215Blockade, defined, 236Body politic, defined, 19, 54Bribery, defined, 219Broker and brokerage, 204, 205Bullion, defined, 125Burglary, defined, 218

Cabinet, defined, 147 officers of, and their powers and duties, 147California, constitution of 277Canals, construction of, 82-84 tolls on, 84Canvassing of votes, 34Capital, defined, 41, 216Capitation or poll-tax, 76, 77, 133Carriers of goods, liability of, 201, 202Causes, criminal and civil, defined, 64Casting vote, when given, 46Challenging voters, 33Charges d'affaires, 145Charter, defined, 59Chattel mortgages, 199Cities, villages, &c. , 59-62Citizens, privileges of, in the several states, 157Civil government, defined, 17 mankind fitted for, 17Civil society, 17Clearance of vessels, 120Codicil, defined, 179Coining money, power of, 124 by states, prohibited, 136Collection of taxes, 76-78Colony, defined, 95Colonies, government of, 95Commerce, foreign, regulation of, 114-119Commerce, domestic, power of congress to regulate, 121, 122 with Indians, 122Commissary-general, 92Commissioners, county, duties of, 54Committees, legislative, 44, 45Common carriers, responsibilities of, 201, 202Common council, 60Common law, defined, 167Commons, house of, 29Common schools, school funds, &c. , 79-82Commonwealth, defined, 26Confederacy, defined, 101Confederation, when formed, 97 nature of, 98, 99, 101, 102Confiscate, defined, 230Congress, under confederation, how constituted, 97, 102Congress under constitution, how constituted, 104-109Congress, powers of, (see Powers of Congress, )Counterfeiting, defined, 218 United States coin, power to punish, 125Connecticut, constitution of, 244Constables, duties of, 58Constitution, defined, 27 objects of, 27 how formed, 27, 28 of United States, 281 history of, 100 nature of, 101-104 how amended, 160 supremacy of, 161 ratification of, by the states, 162 amendments to, 163-166Consuls, appointment of, 144 duties of, 145, 227, 228Contraband goods, 235, 236Contracts in general, 189-193Contracts of sale, 193-197Contracts, obligation of, not to be impaired, 137Controller, or auditor, 51Convention, defined, 28Conventional law of nations, 224Copy-rights and patents, power of congress concerning, 126, 127Coroners, duties of, 55Corporation, defined, 54Corporations, how formed, 59 nature and powers of, 59-62Corruption of blood, 155Council, legislative, 38Counties, origin of, 53, 54 powers of, 54County officers duties of, 54-66County commissioners, 54Courts, justices, 63-70 county, 70 common pleas, 70 circuit, 70, 71 oyer and terminer, 71 supreme, 73 of appeals, 73 of chancery or equity, 73, 74 of probate, 74 of impeachment, 75, 76 of United States, 151, 154 martial, 92Crime, infamous, defined, 31Crimes and misdemeanors, 216-221Criminal suits, defined, 64Customs, duties, &c. , defined, 113 collection of, 119

Debt, national, at different periods, 114Declaration of war, 231Deeds and mortgages, 181-183Delaware, constitution of, 250Delegate, defined, 27Democracy, defined, 25, 26Deposit fund, U. S. , 80Deposits in banks, 87Depositary, responsibility of, 200Descent of property, of intestates, 179, 180Despotism, defined, 25Devise of property, 177Diplomacy, defined, 148District of Columbia, power of congress over, 130Dividends, defined, 86Domestic relations, laws regulating, 171-177Dower, defined, and right of, 183Drunkards, contracts made by, when binding, 191Dueling, defined, 219Duties, imposts and excises, defined, 113 power of congress to lay, 113 of tunnage, states may not lay, 120 protective, by what authority laid, 116, 117

Easement, defined, (see Right of Way, ) 183Education, provision for, &c. , 79Elections, time of, how conducted, &c. , 32-35 by plurality, 34-35 by majority, 34-35Electors, qualifications of, 29-31 (See also Synopsis of the State Constitutions. )Electors of president and vice-president, how chosen, 140Embassadors, ministers, &c, 144, 145 their appointment and duties, 144, 145Embassadors, rights and powers of, 226, 227Embezzlement, defined, 218Envoys, (see Embassadors. )Escapes, persons aiding or permitting, punishable, 220Excise, defined, and power to lay, 112, 113Execution, issuing and collection of, in justices' courts, 67, 68 exemption from, 68Executive department, state, 36, 48-50 of the United States, 138-142 officers of, their appointment and duties, 147-150Executors, powers and duties of, 179Ex post facto laws, passage of, prohibited, 133, 137

Factor or agent, powers and responsibilities of, 202, 203False imprisonment, defined, 220Federal, defined, 101Fence-viewers, duties of, 58Fee and fee-simple, defined, 182, 186Felony, power of congress to define and punish, 128Florida, constitution of, 258Forgery, defined, 218Franchise, defined, 31Franking privilege, to whom granted, 151Fraudulent sales, assignments, &c. , 197, 200Freedom of speech and of the press, guarantied, 163Freehold, freeholder, defined, 31Fugitives from justice, provision for the apprehension of, 157 from service, apprehension and return of, 157, 158Fund, defined, 79Funds, various kinds of, 79-81

Georgia, constitution of, 257Government, civil, defined, 17 different forms of, 23-26 division of powers of, 35-37Governor and lieutenant-governor, election and duties of, 48-50Graves, opening of, punishable, 219Great Britain, government of, 28, 29Habeas corpus, privilege of writ of, guarantied, 132Hereditaments, corporeal and incorporeal, defined, 183Highways, supervision and oversight of, 68Homicide, various kinds of, defined, 217Husband and wife, laws regulating the relation of, 171-174

Idiots and lunatics, contracts by, when binding, 190Illinois, constitution of, 272Impeachment, trial of, 75Imposts, duties, and excises, defined, 113Incest, defined, 219Incorporated companies, 61Independence of the states declared, 97Indiana, constitution of, 270Indians, power to regulate commerce with, 122Indictments, how made, 77Innkeepers, liability of, 201Insurance companies, 89, 90Insurrection and rebellion, defined, 90Interest, and rates of, in the different states, 215Intestates, descent of property of, 179, 180Iowa, constitution of, 276Issue, joining of, in justices' courts, 65Issues of fact and of law, defined, 71

Joining issue in justices' courts, 65Judges, appointment of, in the states, 70 how removable, 76 (See also Synopsis of the State Constitutions. ) of the United States courts, appointment of, 144, 146Judgment, rendering of, 65 concession and collection of, in justices' courts, 67, 68Judicial department, state, 63-76 of the United States, 151-154Jurisdiction, defined, 64 original and appellate, defined, 70Juries in justices' courts, 66, 67 grand and petit, 71Jury, right of trial by, secured, 66, 164, 165Justices' courts, proceedings of, 64-70Justices of the peace, jurisdiction of, 64

Kentucky, constitution of, 268

Larceny, grand and petit, defined, 218Law, defined, 16 common and statute, defined, 167Laws necessity of, 22 man fitted for, 17 political, civil, municipal, defined, 21, 22 manner of enacting, 43-48Laws of nations, defined, 221, 223, 224Leases, or estates for life, for years, at will, and by sufferance, rent, &c. , 186-189Legislatures, state, how formed, 37-40 meetings of, 40-43 organization and officers of, 41-43Letters testamentary, and by whom issued, 179 of administration, and by whom issued, 179Libel and slander, law concerning, 168, 169Liberty, defined, 20, 167 of speech and of the press, secured, 163 of conscience, 19, 170Lien, law concerning, 203, 205Lieutenant-governor, duties of, 49Lords, house of, 29Louisiana, constitution of, 262

Maiming, defined, 217Maine, constitution of, 239Man, fitted for government and laws, 16, 17Mandatary, responsibility of, 200Manifest, defined, 121Mankind, fitted for society, 15, 17Manslaughter, defined, 217Marque and reprisal, defined, 129 power to issue letters of, 129 states may not issue, 136Marriage, law concerning, 171Maryland, constitution of, 252Massachusetts, constitution of, 242Masters, apprentices, and servants, 175-177Mayor, election and duties of, 60Michigan, constitution of, 273Militia, regulation of, 90-92Ministers, public, their appointment and duties, 144, 145 privilege and powers of, 145, 227Minors, rights and liabilities of, 175Minnesota, constitution of, 278Mints of the United States, 125Misdemeanors, defined, 64, 221Mississippi, constitution of, 260Missouri, constitution of, 265Monarchy, defined, 24, 25Money, power of congress to borrow, 114 power of congress to coin, 124 coining of, by states, prohibited, 136 how borrowed, 84Moral, defined, 16 law, defined, 21Mortgages, land, nature of, 182 chattel, 199Murder, defined, 217

Nation and state, defined, 17Nations, jurisdiction of, 225 rights and obligations of, 226-228Naturalization, power to pass laws concerning, 122, 123Navigation, regulation of, 119-121 acts of Great Britain, 99Navy department, when established, 148Negative, or veto, defined, 47Neutral nations, rights and duties of, 228, 234-237New Hampshire, constitution of, 240New Jersey, constitution of, 247New York, constitution of, 245New states, power of congress to admit, 158Nonsuit, judgment of, 66North Carolina, constitution of, 255Notaries public, duties of, 214Notes, promissory, 207-212

Oaths of office, 161 test, forbidden, 161Obligation of contracts, may not be impaired, 137Obligations of nations, 225Offenders, arrest of and examination, 69Offenses against the law of nations, power to define, 128Ohio, constitution of, 269Overseers of highways, duties of, 58 of poor, duties of, 58

Pardon and reprieve, power of, 49, 143Parent and child, law concerning, 174, 175Parliament, how formed, 29Parol contracts, defined, 190Partnership, law concerning, 205, 207Passports, defined, 120, 121Patents and copy-rights, how secured, 126, 127Patriarch, defined, 23Pawnee, liability of, 201Peace, treaties of, 237, 238Pennsylvania, constitution of, 248Pensions, military, 149Perjury, defined, 219Personal estate, defined, 77Piracies and felonies, power of congress concerning, 128Pleadings, in justices' courts, 65Police courts and justices, 60Policy, insurance, defined, 89Political law, defined, 21, 27 power, by whom exercised, 29-31Poll, defined, 32, 33Poll-list, how and by whom kept, 32Poll or capitation tax, 76, 77, 133Polygamy, defined, 219Poor, overseers of, their duties, 58Postmaster-general, power and duties of, 149, 150Postmasters, appointment and duties of, 149, 150 compensation of, 149, 150Post-offices and post roads, power to establish, 126Power of congress to lay and collect taxes, &c. , 112-114 to borrow money, 114 to regulate commerce, 114-119 in relation to naturalization and bankruptcy, 122-124 to coin money, and regulate weights and measures, 124-125 to punish counterfeiting, 125 to establish post-offices, &c. , 126 to secure patents and copy-rights, 126, 127 to define and punish piracies, felonies, &c. , 128 to declare war, 128 to issue letters of marque and reprisal, 129 to provide for the national defense, generally, 129, 130 to legislate over the District of Columbia, 130 to make all necessary and proper laws, 130, 131Power of congress to declare punishment of treason, 155 to admit new states, 158 to dispose of and regulate territory and other public property, 159Powers prohibited to congress, (see prohibitions on congress. )Premium, defined, 89Prescription, right by, 183, 184President and vice-president, how chosen, 139-141President, powers and duties of, 143-147 vacancy in office, how filled, 142 power of, to fill vacancies, 146Principal and agent, responsibility of, 202, 205Printing, public, by whom and how done, 52Privateering, in what cases authorized, 233, 234Prizes in war, how disposed of, 234Prohibition on congress-- to abolish the slave trade, 131, 132 to suspend habeas corpus, 132, 133 to pass bills of attainder, 133 to pass ex post facto laws, 133 in relation to taxation and commerce, 133, 134 to grant titles of nobility, 135Prohibition on the states-- to form treaties, alliances, &c. , 135 to grant letters of marque and reprisal, 136 to coin money, 136 to emit bills of credit, 136 to make anything but coin a tender, 136 to impair the obligation of contracts, 137 to pass bills of attainder or ex post facto laws, 137 to grant titles of nobility, 137 to lay duties, 137, 138Promissory notes, rules concerning, 207-212Protective duties, nature of described, 116, 117

Quarantine regulations, 121Quorum, defined, 42

Rail-roads, by what authority and how made, 84, 85Ratification of constitution by states, 162 of treaties, 144Ratio of representation in congress, how ascertained, &c. , 105, 106Real estate, defined, 77 of intestates, descent of, 179, 180Rebellion, defined, 90, 91Recognizance, defined, 69Recorder or register, county, duties of, 55Records, public, proving and effect of, 156, 157Registry of vessels, 120Religion, freedom in matters of, secured, 163Representative, defined, 27, 28Representatives, state, how apportioned and elected, 37-39 qualifications of, 40Representatives in congress, how apportioned, 105 qualifications of, 104, 105Reprieve and pardon, defined, and power to grant, 49, 143Reprisals, power to make, forbidden to states, 136Reprisals in war, 229, 230Republic, defined, 26Republican government, guarantied to the states, 159Respondent, defined, 69Revenue, defined, 80 national, how raised, 112-114Revolution, causes of, 94-97Rhode Island, constitution of, 243Rights and liberty, defined, 18-20Rights of person and property, defined, 18, 19, 167Right of property, how acquired, 16, 177Right by prescription, 184-186Right of way, law concerning, 183, 184Right of waters, 183, 185Right of search, 236Riot, defined, and how suppressed, 220Roads, (see Highways. )Robbery, defined, 218

School funds, schools, &c. , 79-82Sealer of weights and measures, duty of, 59Secretary of state, of state government, 50Secretary of state of the United States, duties of, 148 of the treasury, 148 of the interior, 149 of war, 149 of the navy, 149Selectmen, duties of, 57Senate, state, how constituted, 38-40Senators and representatives, qualifications of, 40 (See State Constitutions. )Senate of the United States, how formed, 108, 109 qualifications of members of, 111 vacancies in, how filled, 110, 111Sergeant-at-arms, appointment and duties of, 42Servants, rights and liabilities of, 176, 177Sheriff and shire, origin of, 53, 54 powers and duties of, 55Slander and libel, law concerning, 168, 169Slave trade, not to be prohibited before 1808, 131, 132 declared piracy, 132Society, civil, defined, 17 mankind fitted for, 15-17South Carolina, constitution of, 256Sovereignty, defined, 24Speaker of house and senate, 41Specialty, defined, 283Spies in war, 233State and nation, defined, 17State constitutions, synopsis of, 239-280State officers, executive, 50-52State records, effect and proof of, 156, 157State printer, appointment and business of, 52Statute law, defined, 167Stocks, public, defined, 84Stratagems in war, 233Subpœna, nature and service of, 65Summons, suits commenced by, 64-66Superintendent of schools, duties of, 52, 81Supervisors, board of, of whom composed, 54 of towns, duties of, 54, 57 of highways, duties of, 58Surveyor of county, 56Surveyor-general, duties of, 52Swearing, profane, unlawful, 221Synopsis of the state constitutions, 239-280

Taxation, power of congress in relation to, 112-114Taxes, assessment and collection of, 76-78 how apportioned among the states, 106-107Tender, what lawful, 136Tennessee, constitution of, 266Testament, (see Wills and Testaments. )Texas, constitution of, 263Theocracy, defined, and government of, 24Town clerk, duties of, 57Town officers, election and duties of, 56-59Towns and townships, organization and powers of, 53, 56Treason against states, defined, 217 power of congress concerning, 155, 156 attainder of, 155Treasurer, of state, duties of, 51 of county, 54, 55 of towns, 58Treaties, how and by whom made, 244 by states prohibited, 135 of peace, 237, 238Treaty, defined, 144Truces in war, 237Trustees of townships, power and duties of, 57Tunnage, duties, states prohibited to lay, 119, 120

Union, nature of the, 101-104Usury, defined, and forfeiture in case of, 215

Vacancy, in legislature, how filled, 40 in United States senate, how filled, 110, 111Venire issuing of, 67Verdict, defined, and how rendered, 67Vermont, constitution of, 241Vessels, registry, and measurement of, 120Veto, defined, 47Veto, in different states, (see State Constitutions. )Villages, incorporation and government of, 61Virginia, constitution of, 253Viva voce, voting by, 34Voters, qualifications of, in different states, (see State Constitutions. )

War, power of congress to declare, 128 offensive and defensive, 228, 231 causes and objects of, 228, 229 reprisals in, 229, 230 alliances in, 230, 231 how declared, 231 effect of, on the enemy's subjects, 232 stratagems in, 233 privateering and prizes, 233, 234 truces in, 237Warrant, prosecution by, 69Weights and measures, 59, 125Wills and testaments, 177, 179Wisconsin, constitution of, 275

Questions

Chapter I. 

§1. What is the natural state of mankind?

§2. What renders them mutually dependent? By what means are they enabledto supply their wants?

§3. Why should every man labor for himself?

§4. What comes from this arrangement?

§5. How are the rights of men secured to them?

§6. What is _law_?

§7. For what else than society are mankind fitted by nature? Define_moral_. 

§8. What is implied in man's having a moral nature?

§9. What qualities or faculties in mankind fit them for government andlaw?

§10. What is a state or nation?

§11. What is the object of forming state associations? What is meant by_civil government_?

Chapter II. 

§2. Define the word _right_. May we do whatever we please?

§3. Why are rights called _natural_? Why _inalienable_? How may they belost?

§4. What are _personal_ rights? Define rights of person and right ofproperty. State the distinction between personal rights and the rightsof person. 

§5. Define _political_ rights. What particular rights are political?

§6. What are _civil_ rights?

§7. _Religious_ rights? What else are they called?

§8. Under what general term are the different rights embraced?

§9. What is _liberty_? Political, civil, and religious liberty?

§10. What is the difference between _right_ and _liberty_?

§11. What does this example further explain?

Chapter III. 

§1. Define _law_. By what names are laws distinguished?

§2. Define the _law of nature_. 

§3. From what does the law of nature arise?

§4. What is meant by the _moral law_?

§5. Define _political law_. 

§6. Define _municipal_. How are municipal or civil laws distinguishedfrom political?

§7. Ought the divine law in all cases to be obeyed?

§8. Why then are human laws necessary?

§9. Can you give any other reason?

§10. What measure of love is due to the Creator and our fellow menrespectively?

§11. What are the characteristics of this law of love?

Chapter IV. 

§1. What were the earliest governments? Define _patriarch_. 

§2. What was the government of the Hebrews called? Define _theocracy_. 

§3. What is _sovereign_ or _supreme power_?

§4. What is a _monarchy_? An absolute monarchy? A limited monarchy?

§5. A hereditary monarchy? An elective monarchy?

§6. A _despotism_? Define _despot_ and _tyrant_. 

§7. What is an _aristocracy_? Define the word

§8. What is a _democracy_? Define the word. 

§9. What is a _republic_? Wherein do a democracy and a republic differ?

§10. What is a _commonwealth_?

Chapter V. 

§1. What is the object of civil government? How is this object bestsecured?

§2. What is a constitution? By what name is it called?

§3. What is it's nature?

§4. By what authority is a constitution made?

§5. By whom is a constitution formed? What is the assembly called?

§6. How is a constitution adopted?

§7. How are the rights of the people secured by a constitution?

§8. What is the condition of the people in an absolute monarchy?

§9. Describe briefly the government of Great Britain. What politicalrights have the people?

§10. Of what does the constitution of Great Britain consist?

Chapter VI. 

§1. By what are the qualifications of voters prescribed?

§2. Who are freemen?

§3. Why should none but freemen vote?

§4. Why is a term of residence required?

§5. Why are not aliens immediately allowed to vote?

§6. In what state do colored men vote?

§7. How are electors sometimes disfranchised? What is an infamous crime?

§8. What is said of property as a qualification?

Chapter VII. 

§1. For what purpose is the territory of a state divided?

§2. What are the territorial divisions of a state called?

§3. When are state elections generally held?

§4. By whom are elections conducted? Define _poll_. 

§5. Describe the manner of voting. Define _ballot_. 

§6. Who may challenge voters?

§7. How and why are voters registered? Are they registered in thisstate?

§8. How is it determined what persons are elected?

§10. What is _viva voce_ voting?

§11. What is an election by plurality? By majority?

§12. What objections are there to either of these models?

Chapter VIII. 

§1, 2. What division of power is first mentioned? Give the distinctionbetween the political and civil powers. 

§3. What is said of political power in absolute and mixed governments?

§4. How is the civil power divided? What is the business of thelegislature? How is a legislature constituted?

§5. What is the executive department? In whom is the power vested?

§6. What is the business of the judicial department? Of what does itconsist?

§7. Can you give any reasons for this division of the civil power?

§8. How is the legislative power divided?

Chapter IX. 

§1. Of what branches is a legislature composed?

§2. Why is only one called house of representatives?

§3. For how long terms are senators chosen? How long in this state?

§4. Why is the senate called upper house?

§5. How are senators apportioned? How in this state?

§6. How are representatives apportioned? For what terms elected? Howapportioned, and for what term elected in this state?

§7. What is the general object of apportionment?

§8. How in an equal representation provided for?

§9. How often are enumerations made? How often in this state? Define_census_?

§10. What are the qualifications of senators and representatives in thisstate?

§11. How are vacancies filled in the senate?

Chapter X. 

§1. How often do legislatures meet? How often in this state? What ismeant by _session_?

§2. Where do legislatures meet? What is the place called?

§3. To what are members bound by their oath of office?

§4. How are the houses organized? What are the presiding officerscalled?

§5. What are their general duties?

§6. What other officers are chosen? and what are their duties?

§7. Define _quorum_. What number is a quorum in this state?

§8. Are the proceedings ever secret?

§9. What provision is made to prevent interruption?

Chapter XI. 

§1. When is the governor's message communicated? What does it contain?

§2. In what other way are measures introduced?

§3. What is done to expedite business? How are committees appointed? andwhat do they do?

§5. Name some of the committees. 

§6. What are _standing_ committees? _Select_ committees?

§7. How do committees discharge their duties?

§8. Wherein does the utility of committees appear?

§9. What is a bill?

§10. By whom, and how, are bills introduced?

§11. How often must a bill be read? When is it amended?

§12. After the second reading and amendment, what follows?

§13. Describe the proceedings on the final passage of a bill. 

§14. How is it acted on in the other house?

§15. Why is a legislature divided into two branches?

§16. Why are bills submitted to the governor for his approval? Define_veto_. 

§17. What if a governor refuses to sign a bill? Are bills presented tothe governor in this state? If so, and he disapproves them, by whatmajorities must they be again passed? Within how many days is he toreturn bills in this state?

Chapter XII. 

§1. For what terms are governors chosen? For what term in this state?

§2. What are the qualifications for governor in this state?

§3. What are his general powers and duties?

§4. In what cases has he power to grant reprieves and pardons? Definethese words. What is _commute_?

§5. Are any officers in this state appointed by the governor? Is there acouncil?

§6. What are the duties of a lieutenant-governor? Is there one in thisstate?

§7. When he acts as governor, who takes the chair of the senate?

Chapter XIII. 

§1. What assistant executive officers are there in this state? Are theyappointed or elected?

§2. What are the duties of the secretary of state?

§3. Of an auditor or controller?

§4. Of a treasurer?

§5. Of what officers are sureties required?

§6. What are the duties of an attorney-general? Is there one in thisstate?

§7. The duties of surveyor-general? Is there one in this state?

§8. A superintendent of schools?

§9. What is the business of state printer?

§10. What other state officers are there?

Chapter XIV. 

§1. For what reasons is a state divided into counties and townships?

§2. How large are townships?

§3. From what comes the name of _county_? Of _shire_, and _sheriff_?

§4. Define _corporation_. What powers have town and county corporations?

§5. In what officers are these powers vested? In whom in this state?

§6. What are the duties of a county treasurer?

§7. Of a register or recorder? Where are deeds, &c. , recorded in thisstate?

§8. What are a sheriff's duties?

§9. What is the business of a coroner?

§10. Are there state's attorneys in the counties of this state?

§11. Is there a county surveyor?

§12. Are county officers elected by the people in this state?

Chapter XV. 

§1. Into what are counties divided?

§2. What is done at the annual town meetings?

§3. What officers are elected? Are all there elected in the towns ofthis state?

§4. What are those officers called who direct town affairs? What in thisstate?

§5. What are the duties of a town clerk?

§6. What officers in this state have the care of highways? What is apoll-tax?

§7. By whom are the poor provided for? Are there county poor-houses inthis state?

§8. The duties of constables?

§9. Of treasurer? Are there town treasurers in this state?

§10. The duties of fence-viewers?

§11. Of town-sealer?

Chapter XVI. 

§1. Why is the incorporation of cities, &c. , necessary?

§2. How are city charters obtained? Define _charter_?

§3. What are the principal city officers called? What inferior officersare elected?

§4. Are the citizens governed wholly by their own laws?

§5. What criminal court is peculiar to cities?

§6. What are village officers usually called?

§7. Illustrate, by example, the necessity of a village incorporation?

§8. Are corporations always formed by special laws?

§9. What is said of incorporated _companies_?

§10. What is peculiar in the nature of corporations?

§11. In what does a state differ from other government corporations?

§12. Wherein do all government corporations differ from incorporatedbusiness companies?

Chapter XVII. 

§2. What is the business of the judicial department?

§3. If there were no courts of justice, what would be the result?

§4. What are the lowest courts called? Why? Define _jurisdiction_?

§5. To what extent has a justice jurisdiction?

§6. What are civil causes? Criminal? Misdemeanors?

§7. How is a suit in a justice's court commenced?

§8. How is a summon served?

§9. Describe the manner of joining issue. 

§10. How are witnesses procured? and how is the issue tried?

§11. What if a defendant or plaintiff does not appear?

§12. How is judgment confessed?

Chapter XVIII. 

§1. Why are juries instituted?

§2. What is a _jury_? A _verdict_?

§3. A _venire_?

§4. How are jurors kept during their deliberations?

§5. What is done if they agree? If they disagree?

§6. What is an _execution_? What if it is not satisfied?

§7. Is all personal property liable to be sold on execution?

§8. What is an _attachment_? In what cases is it used?

§9. How is it served?

§10. What if a party is dissatisfied with a judgment?

§11. What power have justices in cases of crime?

§12. How are offenders arrested and examined?

§13. How is the prisoner disposed of if the justice can not try him?

§14. Define _recognizance_ and _bail_?

Chapter XIX. 

§1. How are county courts constituted? How in this state?

§2. What causes are tried in them? What is _appellate_ and what_original_ jurisdiction?

§3. Name the courts of this state. What jurisdiction has a circuitcourt?

§4. What juries have county and circuit courts? What is an issue offact? An issue of law?

§5. How are the jurors selected?

§6. What is the business of a grand jury? Of what number does it consistin this state?

§7. Describe the proceedings of a grand jury. What is an indictment?

§8. Why are grand juries instituted?

§9. By what instrument are grand juries required?

§10. What is the opinion of some on this subject?

§11. Is there a supreme court in this state? Describe it. Is there ahigher court?

§12. How are suits commenced in county and other higher courts?

Chapter XX. 

§1. What is the object of a court of chancery?

§2. Mention some of its powers. 

§3. Are there separate and distinct chancery courts in this state?

§4. How are suits commenced and tried in these courts?

§5. What is the business of a probate court?

§6. What is a court of impeachment? Its business? What is animpeachment? By whom made?

§7. How is it done?

§8. Describe the mode of trial. What follows conviction?

§9. By what other modes are judicial officers removed?

Chapter XXI. 

§1. How is money raised for government purposes? What is a poll-tax?

§2. What property is exempt from taxation? What is real, and whatpersonal property?

§3. By whom, and how, is property valued? How in this state?

§5. Of what three items does the tax consist?

§6. How is it ascertained?

§7. Who in this state cause the tax-list to be made out, and order thetaxes to be collected?

§8. To whom is the money paid when collected?

Chapter XXII. 

§1. What is the proper object of government? How is it to be done?

§2. What is the effect of education upon a people? Of ignorance?

§3. Why should government provide the means of education?

§4. To what extent is this done? By what means?

§5. How is the deficiency in the income of the school fund supplied?

§6. How, and to what extent, are school funds provided in the newstates?

§7. In what way, and to what extent, were the school funds increased in1837?

§8. How are school moneys from the state treasury apportioned? How isthe deficiency in the public moneys to pay teachers made up?

§9. Why are schools called _district_ schools, and _common_ schools?What officers are elected in districts?

§10. What is the state superintendent in this state called?

Chapter XXIII. 

§1. What other duty does the government owe to the citizens?

§2. What portion of the people of a state are most favored?

§3. By whom are canals made? Is there such a public work in this state?

§4. Why should not the money to make them be raised by a general tax?

§5. How are funds sometimes provided for this purpose?

§6. For the want of such funds, how is the money obtained? How is it tobe repaid?

§7. How is the business of borrowing done? What are _state stocks_?

§8. What renders the purchase of state stocks a safe transaction?

§9. By whom are canal affairs managed?

§10. What states are most noted for their canals?

§11. By whom are rail-roads usually constructed? Why is an act ofincorporation necessary?

§12. What does the act provide?

§13. How is the capital, or stock, raised? What officers are chosen, andby whom?

§14. What is the nature of these certificates of stock?

§15. How do stockholders expect to be refunded? What are dividends? Whenare stocks at par? When above or below par?

Chapter XXIV. 

§1. Where were the first banks? and whence is the name derived?

§2. By what authority are our banks established? How is the capitalstock raised?

§3. How do business men deposit and draw out their money?

§4. What is a _certificate of deposit_? How is it made transferable? andconvertible into money?

§5. Describe the manner of transmitting money through banks. 

§6. How are banks repaid? What is saved to business men by this mode ofremittance?

§7. Describe the operation of lending money by a bank. 

§8. Describe a bank bill. What if a bank is unable to redeem its bills?How are bill-holders secured against loss?

§9. What is the nature of the free banking system?

§10. How does this law provide for the security of bill-holders?

§11. What is the business of insurance companies? What do they insure?Define _policy-premium_. 

§12. Of what consist the profits of stock insurance companies? Show thisby an example. 

§13. How are companies enabled to fix proper rates of insurance? Is allproperty insured at the same rate? Why not?

§14. Describe the character of mutual insurance companies. How is moneyraised for paying losses?

Chapter XXV. 

§1. What preparation is made for the public defense? What does the word_militia_ include?

§2. For what other purpose may portions of the militia be wanted? Define_insurrection_ and _rebellion_. 

§3. Who are liable to do military service? Who are exempt by the laws ofthe states generally?

§4. Who by the laws of the United States?

§5. What military authority have the governors and the president? Whyhave they this power?

§6. How are persons dealt with for non-attendance and delinquency atparades?

§7. What are the duties of the adjutant-general?

§8. What is the business of a commissary-general? Is there one in thisstate? Define _arsenal_. 

§9. What is done in the case of persons averse to bearing arms? Are anyexempt in this state without commuting?

§10. What regulations exist in New York and Ohio?

§11. For what reasons is the drilling of the whole militia deemedunnecessary?

§12. What is your opinion of war? What is a better way of settlingdisputes between nations?

Chapter XXVI. 

§2. What is there in our government that renders a knowledge of itimportant to the people?

§3. To what country were the American colonies subject? What is a_colony_?

§4. Whence did the people derive their rights and privileges? What wasthe _form_ of the colonial governments?

§5. From whom did the officers derive their power? Were any elected? Onwhose approval did the laws finally depend?

§6. What was the effect of this upon the colonists? What was the objectof the laws of parliament relating to the colonies?

§6, 7. What did some of these laws require?

§8. By what particular means did that government secure the colonialtrade? Define _duty_. 

§9. Explain the nature and effect of these duties. 

§10. What right did parliament claim? What act was accordingly passed?What did the colonists do? What was the final result?

Chapter XXVII. 

§1. When did the first continental congress meet? How were its memberschosen? What great act did it do in 1776?

§2. What did it in November, 1777? When did the confederation go intoeffect?

§3. How did the union formed by it prove? What was the probable cause ofits imperfections?

§4. What was its leading defect? Mention some instances of its weakness?

§5. What probably aided in inducng compliance with the ordinances ofcongress?

§6. What new difficulties arose after peace? What difficulty attendedthe laying of duties by the states?

§7. For what other purpose did congress need the power to lay duties?How had Great Britain secured the carrying trade?

§8. What other trouble arose from this imperfect union?

§9. How was this difficulty sought to be remedied?

§10. What was the result of the meeting at Annapolis?

§11. In what did the recommending of a convention result? How was theconstitution ratified in the states?

§12. To give it effect, how many states must ratify? When wereratifications received from Rhode Island and North Carolina?

Chapter XXVIII. 

§2. What is a confederacy? Was the confederation a union of people? or aunion of states? From what does this appear?

§3. What is the union under the constitution? Where is this declared?

§4. What is said of the former independence of the states? What powerhas the general government acquired by the constitution?

§5. How did the equality of the states in the old congress appear? Tohow many delegates were they entitled? How did they vote?

§6. How are the states now represented? How do representatives vote?

§7. State the difference between the bodies that framed and ratified thetwo instruments respectively. 

§8. Was the government under the confederation properly _national_? Howdoes it appear that it was not? What change did the constitution effect?

§9. What early act of the constitutional convention shows the presentgovernment to be national?

§10. What departments of power were wanting under the confederation?

§11. Is the present government wholly national? Why not?

Chapter XXIX. 

§1. Of what does congress consist? For what terms were members of theold congress appointed? Why has the term of a representative beenextended to two years?

§2. What qualifications are required for voting for representatives?What reasons were there for this rule?

§3. What are the qualifications of a representative? Give the reasonsfor these qualifications. 

§4. Give the rule of apportioning representatives and direct taxes. 

§5. What made it difficult to agree upon a rule of apportionment? Inwhat states did slavery then exist? Name the present slaveholdingstates. 

§7. Upon what terms was the question of apportionment settled?

§8. Illustrate the rule by an example. 

§9. How are the slave states benefited by this arrangement as to taxes?

§10. What do they gain as to representation?

§11. How is the number of representatives limited? How often is theratio of representation fixed?

§12. Why has the ratio been from time to time increased? How is arepresentation secured to the smallest states?

§13. State the ratio and the number of representatives after eachcensus. 

§14. How is a state districted for choosing representatives? When arethey chosen?

§15. How are territories represented?

Chapter XXX. 

§1. How is the senate constituted? Upon what points did the conventiondiffer? How was the matter settled?

§2. In what provision does the federative principle appear?

§3. In what is there a difference between the old congress and thesenate?

§4. What reasons are offered in favor of a short term of office? What infavor of a long term?

§6. What is said in favor of the present term?

§7. Why were not the terms of all the senators made to expire at once?

§8. How are vacancies in the office of senator filled?

§9. Can an appointment be made before a vacancy actually happens? Statea case. 

§10. What reasons are there for the required qualifications of senatorsas to age, citizenship, and residence in the state?

§11. How do bills become laws after they have been vetoed by thepresident?

Chapter XXXI. 

§2. What difference is here noticed between the general and stategovernments in respect to their powers?

§3. What is the first in the list of powers given to congress?

§4. For what purpose was this power necessary? What is _direct_ and what_indirect_ taxation?

§5. Define duties, customs, imposts, and excises. 

§6. Define _specific_ and _ad valorem_ duties. 

§7. Why are duties required to be uniform throughout the United States?

§8. By what means was the old national debt paid? How large was it atdifferent periods?

§9. Why is the power to borrow money necessary?

Chapter XXXII. 

§1. From what arose the necessity of the power to regulate foreigncommerce? What was the British policy?

§2. In what consisted the inequality of trade between the two countries?

§3. Show, by example, how Great Britain secured a home market for heragricultural products. 

§4. What other benefits did she derive from her policy?

§5. Why were we obliged to submit to the payment of these duties? Whynot manufacture for ourselves?

§6. Why did not our government retaliate by imposing like duties uponBritish goods and vessels?

§7. What are duties designed to encourage home manufactures called?

§8. Show, by example, the operation and effect of a protective duty. 

§9. By what other power may this object be partially effected? Show how. 

§10. Why, then, was not one of these powers sufficient?

§11. Show, by example, why the free importation of foreign goods anddirect taxation are not deemed the better policy. 

§13. How early, and how, was domestic industry encouraged? What renderedhigh duties for a time unnecessary?

§14. What afterwards made it necessary for congress to exercise moreextensively its powers to regulate trade? When did the system ofprotection properly commence? Where has since been the principal marketfor agricultural products?

§15. Where, and by whom, are the duties or customs collected?

Chapter XXXIII. 

§1. What is _navigation_?

§2. What is _tunnage_? _Tunnage duties_? For what purpose were theseduties laid? Why were they called _discriminating_ duties?

§3. What has been their effect? What has caused their discontinuance?

§4. How are vessels registered?

§5. What is a _manifest_? A _clearance_?

§6. At whose request are passports furnished to vessels? What is a_passport_? By whom given?

§7. How is the safety of passengers and crew provided for?

§8. Define _quarantine_. What has congress enacted in relation toquarantines?

§9. Why was power given to congress to regulate _internal_ commerce, orcommerce among the states?

§10. Why the power to regulate commerce with the Indian tribes?

Chapter XXXIV. 

§1. What were the disqualifications of aliens by the common law? Why arethese disqualifications deemed proper?

§2. When ought they to be removed? Why should the rule of naturalizationbe uniform?

§3. Describe the manner in which an alien is naturalized. 

§4. How do alien minors become citizens?

§5. What is a _bankrupt_? A bankrupt law? What is the object of suchlaws?

§6. Why is the power to pass them given to congress? Why should they beuniform?

§7. Why is the power to coin money and regulate its value given tocongress? What change in the system of reckoning has been effected?

§8. At what places is money coined? What is _bullion_?

§9. Why is the power to fix the standard of weights and measures vestedin congress?

§10. Why has congress the power to provide for punishing thecounterfeiting of the securities and coin of the United States?

Chapter XXXV. 

§1. Why is the power to establish post-offices given to congress?

§2. How are useful arts and sciences promoted?

§3. How does an author of a work proceed in procuring a copy-right? Bywhom, and where, is the title recorded?

§4. What else must the author do? For how many years is the rightobtained? For what term, and how, may the right be continued?

§5. Where are patents for inventions obtained? How does the inventorproceed?

§6. How much must he pay before his petition is considered? For whatterm are patents granted? For what term may they be renewed?

Chapter XXXVI. 

§1. Define _piracy_ and _felony_. Why is the power to define and punishthese crimes given to congress?

§2. Why also the power to define and punish offenses against the law ofnations?

§3. Why the power to declare war? Who exercises this power inmonarchies?

§4. What are letters of marque and reprisal? Why should not anindividual redress his private wrongs?

§5. Why should not the states authorize reprisals?

§6. Why has congress the power to make rules concerning captures? How iscaptured property distributed?

§7. Why is the general power to provide for the national defenseintrusted to congress?

§8. Why was given to congress entire control over the districtcontaining the seat of government?

§9. What district is here referred to? Over what other places hascongress exclusive authority?

§10. What is the last power granted in the list here enumerated? Why isthis general grant of power to make laws deemed necessary?

§11. What opinion is held by some in regard to this power? On whatreasons is this opinion founded?

Chapter XXXVII. 

§1. What is the first prohibition on congress?

§2. To what has this reference? For what reasons was this prohibitionassented to?

§3. Have men a natural right to buy and sell each other? When was theforeign slave trade prohibited? How is it now punishable?

§4. Define _habeas corpus_. What is the privilege of this writ?

§5. What is a bill of attainder? When is it a bill of pains andpenalties?

§6. What is an _ex post facto_ law? Give examples of ex post facto laws. 

§7. What is a capitation tax? To what provision of the constitution doesthis prohibition refer? What does it mean?

§8. Why are duties on exports forbidden? How might the interests of thedifferent states be injuriously affected by taxing exports?

§9. What further reasons are given for this prohibition? How is freedomand equality in trade secured to the states?

§10. By what provision is the proper disposal of the public moneyssecured?

§11. Why is the granting of titles of nobility forbidden? How are publicofficers guarded against corruption from foreign influence?

Chapter XXXVIII. 

§1. What is a treaty? An alliance? A confederation? Why are statesforbidden to enter into them?

§2. Why should not states issue letters of marque and reprisal?

§3. Why should they not coin money?

§4. Why were they forbidden to emit bills of credit? Does theprohibition extend to bank bills?

§5. What is meant by _tender_, usually termed _lawful_ or _legaltender_? Why should coin only be made tender in payment of debts?

§6. Why is the passing of bills of attainder and ex post facto laws bystates forbidden? Why are laws impairing the force of contractsprohibited?

§7. Do insolvent or bankrupt laws impair the obligation of contracts?States have passed such laws; were they constitutional? How has thequestion been decided?

§8. Why is the granting of titles forbidden to the states?

§9. What objections to the general power of the states to tax exports orimports? What exception is made to the prohibition?

§10. What is the object of this exception?

§11. What other restrictions are there upon the power of the states?

Chapter XXXIX. 

§1. In whom is the executive power of the nation vested?

§2. For what reasons was this power given to one person only?

§3. Why were four years agreed on as the official term?

§4. By whom is the president elected? Has the mode of election ever beenaltered?

§5. By what authority is the manner of choosing the electors prescribed?By whom are they chosen at present?

§6. In what manner are they chosen? Describe particularly the electionby general ticket. When are electors chosen?

§7. Where and when do the electors vote for president? How, when, and towhom, are certificates of their votes sent?

§8. When, where, and by whom are the votes counted? How is the electiondetermined? If no person has a majority of all the votes, by whom is theelection made? How do the members vote?

§9. Describe the election of president by the house in 1825. 

§10. How is the vice-president elected if there is no choice by theelectors?

§11. What are the qualifications of the president and vice-president?

§12. How is a vacancy in the office of president supplied? What furtherprovision is made for supplying vacancies?

§13. Why may not the salary of a president be increased or diminished?

§14. When does the presidential term commence and expire?

Chapter XL. 

§1. What high military office has the president? Why is the command ofthe public forces intrusted to him?

§2. For what reasons the power to grant reprieves and pardons?

§3. What other powers has the president? For what purposes are treatiesmade? Who exercises this power in monarchies? Why is not the houseassociated with the president and senate?

§4. For what reasons is the senate preferred? Who appoint embassadors?

§5. By whom and how are treaties negotiated? By whom ratified?

§6. What is here mentioned as the practice of civilized nations? Whatare the duties of the secretary of state in our intercourse with foreignnations?

§7. What titles have representatives at foreign courts? Who areembassadors _in ordinary_ and _extraordinary_? Envoys? Envoys_plenipotentiary_?

§8. What are our representatives abroad called? What are _chargès desaffaires_?

§9. What is the business of consuls?

§10. Why is the appointment of judges of the supreme court given to thepresident and senate?

§11. For what reason should the president have the right to select theheads of the departments?

§12. What power has the president alone in filling vacancies? Why issuch a power necessary?

§13. What other powers and duties of the president are mentioned in theconstitution?

§14. What officers are removable by impeachment? and for what offenses?

Chapter XLI. 

§1. Among what departments is the executive business of the nationdistributed? By what names are the head officers called? How appointed?

§2. What departments did the first congress establish? What officersconstituted the first cabinet? When were the heads of the navy, post-office, and interior departments respectively added?

§3. What are the duties of the secretary of state relating to foreignaffairs? Define diplomacy and diplomatist. 

§4. What are the duties of the secretary in relation to home affairs?

§5. What are the duties of the secretary of the treasury?

§6. What are his principal assistants?

§7. What are the duties of the secretary of the interior? What is a_pension_? To what classes of persons are pensions allowed? To whom arebounties of lands allowed?

§8. To what do the duties of the secretary of war relate?

§9. What is the business of the secretary of the navy? and of the navycommissioners?

§10. What are the principal duties of the postmaster general? Who arehis principal assistants?

§11. What is the business of postmasters in relation to keeping accountsof letters, advertising letters, and making returns to the generalpost-office? What are _dead_ letters?

§12. How are postmasters paid for their services? State the rates ofcommission. To what amount of compensation are postmasters limited? Whatpostmasters are appointed by the president and senate?

§13. Who are entitled to the franking privilege? and to what extent? Howis franking done? What government officers frank matter on officialbusiness?

§14. What are the duties of the attorney-general?

Chapter XLII. 

§1. Was there a national judiciary under the confederation? In whatcourts is the judicial power of the U. S. Vested?

§2. By whom, and for what term, are the judges appointed? Why is theterm made so long?

§3. How is the independence of the judges further secured? Why shouldcongress not have power to reduce their salaries?

§4. Cases of what nature are tried in the national courts?

§5. Why is the trial of crimes to be held in the state where committed?

§6. Which are the lowest national courts? How is a district courtconstituted? What cases does it try?

§7. How many circuits are there? How is a circuit court constituted?What cases does it try?

§8. How is the supreme court constituted? Where, and when, does it holdsessions? What is its principal business?

§9. What important object is so cared by the supreme court? How arestate laws and the decisions of state courts affected by the decisionsof the supreme court of the United States?

Chapter XLIII. 

§1. Why was the definition of treason put into the constitution? What islevying war?

§2. State more particularly what does and what does not constitutelevying war and treason?

§3. What proof is required to convict of treason?

§4. How was treason punished by the common law? How has congress made itpunishable?

§5. What is attainder? Its meaning here? By the common law, how did thesentence of death for treason affect the traitor? What has congressdeclared concerning conviction for treason?

Chapter XLIV. 

§1. What is the object of the provision concerning state records?

§2. In giving effect to this provision, what has congress enacted? Incase of a judicial proceeding, what is required? What in case of an actof a state legislature?

§3. What is meant by the clause concerning the privileges of citizens inthe several states? Without such provision, what might a state do?

§4. How is a fugitive from justice arrested and returned for trial?

§5. Who are meant by "persons held to service or labor, escaping intoanother state?" What provision of the common law induced the adoption ofthis clause?

§6. How are fugitives from slavery apprehended and returned? Is the lawrequiring the capture and return of fugitive slaves, in your opinion, morally binding?

§7. What induced the provision for admitting new states? What stateshave been formed from the north-western territory?

§8. What unsettled tract was south of the Ohio? Whose consent to thedivision of a state does the constitution require?

§9. In the right to acquire territory, what other right is implied? Hadthe old congress this power? What has congress done under the power heregranted?

§10. How is a republican form of government secured to the states? Howare they to be protected against invasion and domestic violence? What ismeant by domestic violence?

Chapter XLV. 

§1. How are constitutional amendments proposed? How ratified?

§2. What good is supposed to have resulted from so difficult a mode ofamendment?

§3. For what reasons was the new government made to assume the debts ofthe old?

§4. Why is the constitution of the United States, and the laws andtreaties made under it, made binding above all state authority?

§5. Why are public officers bound by oath to support the constitution, and to discharge their duties faithfully?

§6. What is a religious _test_? What was it in England? Why was itforbidden by the constitution?

§7. What does the last article declare? Why was not the ratification ofall the states required? Why was the ratification of so many as ninerequired?

§8. When did this state ratify? When did North Carolina and Rhode Islandcome into the union?

§9. When were electors of president chosen? When was the presidentelected, and when inaugurated? When did proceedings under theconstitution commence?

Chapter XLVI. 

§1. How many articles of amendment are there? What is the nature of mostof them? Why then were they added? When were the first ten proposed andratified?

§2. What is forbidden by the first amendment?

§3. What right is guarantied by the second amendment? Why is this rightnecessary?

§4. What does the third amendment declare? What probably suggested it?

§5. What right is guarantied by the fourth article? What evil is itintended to prevent?

§6. What rights does the fifth article guaranty? Can you give any reasonwhy a person fairly tried and acquitted should not be tried again? Whatdoes the sixth article require?

§7. What is secured by the seventh amendment? What is meant by suits atcommon law? What are courts of admiralty? How is the latter part of thisarticle explained?

§8. What does the eighth article forbid? What evils was it designed toprevent?

§9. What is the ninth article? What evil was it designed to prevent?

§10. What does the tenth amendment declare? Explain it. 

§11. When was the eleventh article proposed and ratified? What is it?What was it intended to prevent?

§12. What does the twelfth amendment effect? When was it proposed andratified?

Chapter XLVII. 

§1. How are the municipal or civil laws distinguished from thefundamental or political law?

§2. What are statute laws?

§3. What is the common law? Is it law in this country?

§4. What are the rights of person? Personal security? Personal liberty?How are they guarantied?

§5. How may a man protect himself when in danger of personal injury?What remedy for violence committed?

§6. How far may a man go in defending himself or his property? What issuch killing called?

§7. How are we protected in our good names? What is slander?

§8. What is libel? Which is considered the greater injury? For which isa person liable in both a civil and criminal suit?

§9. What is the rule of the common law in the case of a criminal actionfor libel? What is the reason for this principle?

§10. What distinction do some make between cases of public and privateprosecution for libel?

§11. Does the common law still prevail in this country? How has it beenmodified?

§12. How is personal liberty secured? What is the nature of the writ of_habeas corpus_?

§13. What is liberty of conscience? How is it secured?

§14. Is this right secured to the same extent in England?

§15. What is meant by the right of property? By what is it protected?

Chapter XLVIII. 

§1. What is meant by the age of consent? At what periods of life is itfixed? At what in this state?

§2. What three requisites to a lawful marriage are next mentioned?

§3. May a person remarry who has a wife or husband living? What is thecrime called? What cases are excepted?

§4. Are the marriages in these excepted cases binding? What is thecommon law on the subject?

§5. How, and by whom are marriages solemnized? What regulations exist insome states? Is a license or a notice required in this state?

§6. By common law, what right to the personal property does the husbandacquire by marriage?

§7. Does he acquire an absolute right also to her real estate? How ishis right limited?

§8. How has this common law rule been changed? Can you tell what the lawis in this state?

§9. By common law, what liability does a husband incur by marriage? Whatis coverture? Is this now the law in all the states? Is it in thisstate?

§10. How far is a husband bound for the maintenance of his wife?

§11. May they be witnesses for each other?

Chapter XLIX. 

§1. What are the obligations of parents? What is the age of majority? Inlaw, who are infants, or minors?

§2. How far, or in what cases, is a father liable for the contracts of achild?

§3. Can a minor bind himself by contract? In what cases is he bound?

§4. How in cases of rent? How in cases of contracts which he avoids whenhe comes of age?

§5. Are minors answerable for crimes? How in cases of fraud?

§6. What right have they to bind themselves as apprentices and servants?By whose consent?

§7. Who may bind pauper children? What provision is made for theireducation?

§8. What are the rights of the master and apprentice respectively?

§9. When may apprenticeships be dissolved?

§10. How may a hired servant forfeit his wages? For what may he bedismissed? For what cause released from his service?

§11. What are the mutual liabilities of master and servant?

Chapter L. 

§1. By whom, and in what ways, may real estate be taken, held, andconveyed? Have aliens this right?

§2. What is it to _devise_ property? What is a or testamen? Definetestator, and intestate. 

§3. Who may bequeath property? What special rights to bequeath propertyare given in some states? What is a nuncupative will?

§4. How has the right of married women to bequeath property beenextended?

§5. How is a will executed?

§6. In what different ways may a will be revoked?

§7. What is the effect of the subsequent birth of a child? What elsehave some states provided?

§8. What is a codicil? Its effect?

§9. How is a will proved? What are letters testamentary, and letters ofadministration?

§10. What is meant by the _descent_ of property? Is the rule of descentuniform in the states? To whom, generally, does it descend first?

§11. If any children of the intestate are dead, how does it descend?Give an example. 

§12. If all the children are dead, how do the grand-children share? Isthis state an exception to the rule?

§13. Do real and personal estate generally come under the same rule?

Chapter LI. 

§1. What is the benefit of a deed of real estate? What is expressed in adeed? How is it executed?

§2. What is necessary to secure possession to the purchaser? Where areconveyances recorded in this state?

§3. How long, in come states, are first purchasers secure beforerecording? What is the law in this state? What claim does a purchaserthus dispossessed still retain? Can you tell why conveyances arerequired to be recorded at all?

§4. How are deeds proved? Before whom are thoy acknowledged? How arethey recorded?

§5. What is meant by _fee-simple_? What does the grantor in a warrantydeed bind himself to do? In what does such deed differ from a quit-claimdeed?

§6. What is a mortgage? How is the balance of the purchase money usuallysecured? How is the money raised?

§7. Why does a wife join with her husband in a conveyance? What is theinterest thus retained by a widow called? In what else must a wife join?Does a wife acknowledge apart from her husband in this state?

Chapter LII. 

§1. Define corporeal and incorporeal hereditaments. What are aquaticrights?

§2. What is a right of way? How is this right obtained? What is aneasement?

§3. In what case does a right of way pass with the land? Give anexample. 

§4. In what cases does this right arise from necessity?

§5. When the use of a thing is granted, what is generally granted withit?

§6. How is a temporary right of way acquired? Does the obstruction of aprivate way give the same right?

§7. What is a right by _prescription_? How many years' peaceable usegives a person such right? What change in this term has been made insome states? What is it in this state?

§8. What right have the public to the soil of a highway? Who own thesoil? What right and power concerning it do they retain?

§9. What are the rights of the owners of lands adjoining a stream? Howis the use of the water restricted?

§10. How may the right to the use of the water be affected byprescription?

§11. What is the general and established doctrine on this subject? Mustthe use be enjoyed by one person during the whole period to give aprescriptive right?

Chapter LIII. 

§1. What is an estate of inheritance? A _fee_? A _fee-simple_?

§2. What is the writing which conveys an interest in lands for a limitedperiod called? What means to lease? Define lessor and lessee. Whatlenses must be sealed?

§3. How are these limited interests in land divided? What is an estatefor life? How, otherwise than by lease, are life estates acquired?

§4. What is an estate for years?

§5. May a lessee for years underlet without the lessor's leave? For howlong a time?

§6. Who is entitled to the growing crop if the lease expires beforeharvest? In what case the tenant?

§7. Does the destruction of rented premises release the tenant frompayment of rent? In what case would he not be liable?

§8. Can a tenant charge his landlord for repairs? What may he do whenthe premises have become unsafe or useless?

§9. Where and when must payment of rent be made or tendered?

§10. What is an estate at will? Are such estates common? In what caseare they held to be tenancies from year to year? What if a tenant foryears hold over after his lease?

§11. What turns leases from uncertain terms into leases from year toyear? Who is strictly a tenant at will? Can he be dispossessed withoutprevious notice to quit?

§12. What is an estate at sufferance? What are the rights of a landlordand a tenant by sufferance, respectively?

Chapter LIV. 

§1. Define contract. What is an executory contract? An express contract?An implied contract?

§2. What is a specialty? A simple or parol contract? Define _parol_. What effect has parol evidence upon written contracts?

§3. Who are deemed incapable of contracting? How are contracts made bysuch persons voided? How enforced? What is the general rule?

§4. What is the rule in regard to drunkards?

§5. What is mentioned as the second requisition to a valid contract? Howmust assent be given?

§6. What is next mentioned as necessary to a valid contract? What is aconsideration?

§7. What is the effect of mutual promises? How must they be made? Howwhen the parties are distant?

§8. Why are gratuitous promises void? In what case are subscriptionsbinding?

§9. Why can not payment be lawfully claimed for gratuitous services? Inwhat cases is a person bound to pay for unasked labor?

§10. What else is mentioned as necessary to a valuable consideration?What kind of impossibility will not void a contract?

§11. What is said of illegal and immoral considerations?

§12. To what kind of contracts does the rule that a consideration isnecessary apply? Why not to those under seal?

§13. What is declared by the English statute of frauds? What do somestates further require?

Chapter LV. 

§1. What is a sale? What general principles apply to contracts of sale?

§2. What if a man contracts to sell what has no existence? Give anexample. 

§3. Can he sell what may have a future existence? Give examples. 

§4. What is said about _price_, as essential to a sale?

§5. What about the mutual consent of parties?

§6. What is to be done if the goods are not immediately delivered? Belowwhat price is this unnecessary? What is the sum fixed in this state?

§7. What is said about delivery to complete a contract?

§8. When does the buyer acquire the right of property? When the right ofpossession?

§9. In case the goods are sold on credit, when has the buyer a right tothem? In what case has he not?

§10. What is said about the warranty of title?

§11. In regard to quality, what?

§12. To what cases does not this rule apply? Is a seller bound todisclose hidden defects?

§13. What is the general rule?

Chapter LVI. 

§1. For what purposes are fraudulent sales made?

§2. What is here stated to be a common law rule? Upon what question dothe courts differ?

§3. What distinction has been made between conditional and unconditionalbills of sale and assignments?

§4. In different states, what different rules prevail?

§5. How does the strict rule sometimes operate to the injury of honestdebtors?

§6. How has this question been settled in some states? What are theseinstruments of conveyance called? Must they be recorded in this state?

§7. In what case, when there is a judgment against the seller, would asale of personal property be fraudulent?

§8. How are assignments made for the benefit of creditors? May suchassignor prefer any of his creditors?

§9. If he agrees to pay all a certain share, and then privately preferssome, what is the effect?

§10. In what cases are gifts valid against creditors?

Chapter LVII. 

§1. Define bailment. 

§2. For what is a bailee without reward responsible? What is adepositary?

§3. A mandatary? For what is he responsible?

§4. For what is a borrower liable? How is he restricted in the use ofthe article?

§5. In the case of property pledged as security for debt, what are theliabilities?

§6. What in case of a hired article?

§7. What if work or care is to be bestowed upon a thing delivered?

§8. The liability of innkeepers?

§9. Of persons carrying goods for hire in a particular case?

§10. What is a common carrier? To what extent is he liable?

§11. What are his rights and obligations as to receiving and carryinggoods?

§12. What are the liabilities of proprietors of stage coaches as topassengers? What as to the carrying of goods and the baggage ofpassengers?

Chapter LVIII. 

§1. Define agent, principal, factor. What is a factor sometimes called?

§2. How is a factor secured for money advanced on property?

§3. What is this right to hold property called? How is he restricted?

§4. How far is a principal bound by the acts of a general agent? What isa general agent?

§5. How far is an agent bound to his principal? In what case may hedepart from his instructions?

§6. By what rule is he to be governed?

§7. What degree of diligence and skill must he exercise? What isordinary diligence? Reasonable skill?

§8. In what cases is an agent responsible to the person with whom hedeals? In what case is a principal liable for goods bought by an agentin his own name?

§9. What is a broker? His ordinary business? In what does he differ froma factor?

§10. What is a lien? For whose benefit is the right intended? How theirright restricted?

Chapter LIX. 

§1. Define partnership?

§2. In what cases does the act of one partner bind all, and in what doesit not?

§3. What cases of association are here mentioned that are notpartnerships?

§4. How are they to sue and be sued?

§5. What cannot a partner do without the consent of all? What maydissolve a partnership at any time? §

§6. Why should notice of dissolution be published when any partnerwithdraws? How else may he become liable?

§7. How are limited partnerships formed?

§8. For what amount are the special partners liable? Whose names areused For what are the general partners liable? If the partnership is tobe dissolved by the act of the parties, what is to be done?

Chapter LX. 

§1. What is a promissory note? Give a form. 

§2. What is the effect of inserting "or bearer, " or, "or order"? Ifpayable to order, how is it made negotiable? Why is a note callednegotiable? If not negotiable, how is it to be sued?

§3. What is a blank indorsement? A full indorsement? What is sometimesdone in case of a blank indorsement?

§4. Show, by example, the benefit of making a note payable to orderinstead of to bearer. 

§5. Why are the words "value received" inserted? Is a note without thesewords collectable?

§6. In what different ways may notes signed by two or more persons bewritten, to be joint, or joint or several?

§7. By Whom may a negotiable note be sued? In what case can a holder ofa note recover upon it, though he received it of a person who had stolenit?

§8. To what rule is this an exception? Why is this exception?

§9. On the other hand, what is required to protect the owner? Whatshould the owner do?

§10. What is the risk in buying a note after it has become due? How isit when no day of payment is expressed? What regulation exists in NewJersey and Pennsylvania?

§11. What is the law respecting notes payable in some commodity?

§12. When do notes payable on demand, or in which no time of payment ismentioned, become due and suable? Notes payable at sight, or aftersight? If the words "with interest" are omitted, when does interestcommence? If payable on demand, when?

§13. What are days of grace? How do they affect a note?

§14. To bind an indorser, when must payment be demanded?

§15. If payment is refused, how and when is the indorser to be notified?

§16. In case the maker's residence is unknown, how is payment to bedemanded?

§17. State the effect of the different modes of guarantying notes. 

Chapter LXI. 

§1. What is a bill of exchange? Give a form. 

§2. What are foreign bills of exchange? Inland?

§3. Give an example of its operation and effect?

§4. How is a bill accepted? How is the acceptor liable? How is paymentdemanded?

§5. When must bills payable at sight, or a certain day after sight, orafter date, be presented for acceptance? When presented for payment?

§6. What is the nature of a bank check?

§7. What is the business of a notary public? Define _protest_. 

§8. What is said of protesting inland bills of exchange?

§9. What is interest?

§10. Give the rates of interest in the different states. What is it inthis state?

§11. What is usury? What is the forfeiture for taking usury in thisstate?

Chapter LXII. 

§1. Are the penalties for crimes the same in all the states? Is themeasure of punishment always the same for the same offense, in anystate? Who fixes the measure of punishment?

§2. What crimes are punishable by death in this state?

§3. Why are crimes punishable by death called _capital_ crimes? Definecapital. 

§4. Define treason. 

§5. What is murder? Are there different degrees of murder in this state?

§6. Define manslaughter. How many degrees of manslaughter in this state?

§7. What is arson? Define arson in the first degree. How is this degreepunishable in this state?

§8. What is homicide? When is it felonious? What is justifiable andexcusable homicide?

§9. What is maiming? Kidnapping? What other crimes are here mentioned asfelonies?

§10. What is burglary? Why is the crime deemed greater when committed inthe night time?

§11. Define forgery and counterfeiting?

§12. Define robbery, and an attempt to rob. 

§13. What is embezzlement? How is it punishable?

§14. What is larceny? What is _grand_, and what is _petit_ larceny?

§15. What is perjury? What is subornation of perjury?

§16. Define bribery. 

§17. What is dueling? Is dueling murder in this state?

§18. Is aiding a prisoner to escape a crime?

§19. What is bigamy? What is the difference between bigamy and polygamy?

§20. What is incest?

§21. In what case is opening a grave a crime? How is it punishable inthis state?

§22. Who are accessories to crime?

§23. Define assault and battery. 

§24. What is a riot? How may riots be suppressed?

§25. What grade of offense is it for an officer to rescue a prisoner orvoluntarily to suffer him to escape?

§26. What is false imprisonment?

§27. What grade of offense are the four offenses last named? What othermisdemeanors are mentioned in this section? Can you name any other?

Chapter LXIII. 

§1. Of what consists the law of nations? What was its early character?

§2. By what means has it been improved?

§3. What particular further improvement is desirable?

§4. What is said of the independence of nations? How, then, is redressfor injuries obtained?

§5. What right has a nation in respect to its government? To this rule, what exception do some make?

§6. In what cases may one nation assist another in changing itsgovernment?

§7. In what respect are nations mutually dependent?

§8. By what law ought all nations to be governed? What does this lawrequire?

§9. By what names is this law when applied to nations or states called?Why is it so called?

§10. For what reasons do some writers divide it into the _natural_ and_positive_ laws of nations?

§11. Define the positive law of nations. How is it divided? Define thecustomary law of nations. 

§12. What is a conventional law of nations? Define _convention_. 

§13. What is the advantage of conventional law?

§14. By what consideration is the observance of treaties induced?

§15. What is a perfect obligation? An imperfect obligation? Why are theobligations of nations called imperfect?

Chapter LXIV. 

§1. What rights have nations on the seas? By what laws are persons atsea governed?

§2. Over what waters flowing through its territory has a nationjurisdiction? To what distance on the sea?

§3. What right have other nations to a passage over its lands andwaters? Why is this an imperfect right?

§4. What are the mutual rights and duties of a state and foreignimmigrants?

§5. What is its duty in respect to foreign criminals?

§6. What is said of the responsibility of embassadors? For bad conduct, how are they punishable? Why are they not amenable to the laws of theforeign state?

§7. What rights have they in countries through which they pass? What isa passport?

§8. How are embassadors dealt with for disrespectful conduct at aforeign court?

§9. What do ministers do when they are ill-treated?

§10. If a government, for good cause, refuses to receive a minister, what is its duty?

§11. What power has a minister in making treaties?

§12. To what laws are consuls subject? What is their business?

Chapter LXV. 

§1. Define offensive and defensive war. What are the contending partiescalled? Who are neutrals?

§2. What are the proper characteristics of a war?

§3. What are objects of a lawful war?

§4. When is a personal injury to the citizens of one state by those ofanother deemed just cause of war?

§5. What ought a government to do before resorting to war to redressinjuries?

§6. How is satisfaction sometimes sought without making war? How arereprisals made? Define confiscate. 

§7. To justify reprisals, what is necessary?

§8. How far is a nation bound by a treaty of alliance to assist anotherin war?

§9. In what cases is it not bound to render the aid?

§10. What if the alliance is defensive? Is the government that firstapplies force always the aggressor?

Chapter LXVI. 

§1. How is war usually announced? By what authority?

§2. Is a declaration communicated to the enemy? What is deemedsufficient?

§3. When war is declared, who are involved in it?

§4. How does war in a state affect the persons and property of theenemy's subjects found within such state?

§5. How is trade between the two countries affected by the war?

§6. What is necessary to make offensive hostilities lawful? In what casewould such permission be beneficial?

§7. How far does a just war give the right to take the life of theenemy?

§8. How are prisoners of war to be treated? What is said about theexchange and ransom of prisoners?

§9. What kinds of property may not, and what may, be destroyed?

§10. What is said of stratagems?

§11. Of spies?

§12. In what kind of war is the destruction of private property lawful?On what ground?

§13. What are privateers? What are their owners authorized to do? How isprivateering encouraged?

§14. How is the abuse of this right prevented?

§15. State the proceedings of the captors and the court, in cases ofcapture?

§16. Who has the primary right to all prizes? How do the citizens getany interest in them?

Chapter LXVII. 

§1. To what is a neutral nation bound? What kind of aid to an enemy isunlawful?

§2. How is the trade of a neutral affected by war? With what may shestill supply a belligerent?

§3. What is said of the right of a neutral to carry the goods in suchcases?

§4. What are prohibited articles called? What goods are contraband?

§5. What is done with contraband goods? In what cases is the vessel alsoconfiscated?

§6. What is a blockade? Its object? How does it affect neutrals?

§7. What is necessary to a lawful blockade? In case a place is blockadedby sea only, how may trade be carried on with it?

§8. What is the right of search? What vessels are subject to search?

§9. In what case is the property of an enemy in a neutral vessel liableto seizure? What is done with the property of neutrals found in anenemy's vessel?

§10. What may not a neutral permit in her ports? What may not hercitizens do?

§11. For what purposes are hostilities sometimes suspended? When is thesuspension called a suspension of arms? In what cases a truce? What isthe difference between a partial and a general truce?

§12. How are the contracting parties and their citizens affected by atruce?

§13. How is peace generally secured?

§14. When do treaties of peace take effect between the parties?

§15. How is the service of mediation performed?